If any duly authorized inspector should find any livestock or carcasses in the possession of any person, firm or corporation for use, sale or transporting by any means, and said person, firm or corporation in charge of said livestock or carcasses is not in possession of a bill of sale, duly acknowledged, or cannot furnish other satisfactory proof of lawful ownership or said inspector has good reason to believe that said livestock or carcasses, are stolen, said inspector shall refuse to issue a certificate authorizing the transportation of said livestock or carcasses, and shall seize and take possession of same.
History: Laws 1929, ch. 87, § 4; C.S. 1929, § 4-2104; 1941 Comp., § 49-942; 1953 Comp., § 47-9-41; Laws 1965, ch. 8, § 1.
ANNOTATIONSCross references. — For seizure of cattle being driven without bill of sale or proof of ownership, see 77-9-40 NMSA 1978.
Conditions warranting seizure of livestock not declared criminal. — Under certain conditions the inspector is directed by the statute to refuse to issue an inspection certificate and directed to seize and possess livestock or carcasses. The statute does not, however, declare the existence of those conditions to be criminal. State v. Ticknor, 1970-NMCA-001, 81 N.M. 118, 464 P.2d 408.
Possession of carcass for use without bill of sale is not prohibited by the statute. State v. Ticknor, 1970-NMCA-001, 81 N.M. 118, 464 P.2d 408.