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Section 77-16-1 – [Necessity for fence.]

Every gardener, farmer, planter or other person having lands or crops that would be injured by trespassing animals, shall make a sufficient fence about his land in cultivation, or other lands that may be so injured, the same to correspond with the requirements of the laws of this state prescribing and defining a legal fence. […]

Section 77-16-10 – Injuring fence.

Any person who is found guilty of wilfully cutting or otherwise destroying a fence or any part thereof is guilty of a petty misdemeanor. History: Laws 1869, ch. 20, § 2; C.L. 1884, § 1273; C.L. 1897, § 1815; Code 1915, § 2348; C.S. 1929, § 50-110; 1941 Comp., § 49-1809; 1953 Comp., § 47-17-9; […]

Section 77-16-11 – [Injuries by animals; liability; minors.]

When any animal, of whatsoever class or species it may be, [shall] break, obstruct or injure any rail, post, stake or any material of which a fence is constructed, the owner of such animal shall be compelled to pay the damages occasioned to the owner of the fence, according to the damages sustained and suffered: […]

Section 77-16-12 – [Damages for injuries.]

The person who shall violate the provisions of Section 77-16-11 NMSA 1978 shall be obliged at the time of his punishment, to indemnify the owner of any fence, for the damage that has followed therefrom, for the repairing of his fence, valued according to the gravity of the offense. History: Laws 1869, ch. 20, § […]

Section 77-16-13 – [Opening private fence to use road prohibited.]

That it shall be illegal for any person or persons in the state of New Mexico, to open any fence or fences of any private individual or individuals, for the purpose of using the road, or roads, passing through the private property of any person or persons. History: Laws 1897, ch. 39, § 1; C.L. […]

Section 77-16-14 – [Failure to close gate; liability for damages.]

That any person, or persons, who open the gate of any fence, or fences, of any person or persons, the same being private property, for the purpose of passing as aforesaid, [and] shall neglect to close the gate of any fence or fences after having opened the same, shall be subject to and responsible for […]

Section 77-16-15 – Penalty.

In addition to the damage as provided for in Section 77-16-14 NMSA 1978, the person violating the provisions of that section is guilty of a misdemeanor, and upon conviction before any magistrate shall be fined in a sum not less than two hundred fifty dollars ($250) nor more than one thousand dollars ($1,000). History: Laws […]

Section 77-16-16 – Railroads; fencing of lines; damage.

A. Every railroad in this state whose lines of road, or any part thereof, are open for use and every railroad company formed or to be formed shall, within six months after the lines of the railroad or any part thereof are open, erect and thereafter maintain fences on the sides of the railroad or […]

Section 77-16-17 – [Requirements of railroad fence.]

That for the purposes of the preceding two sections [77-16-16 NMSA 1978] a sufficient and suitable fence is defined and declared to be a fence at least four and one-half feet high, constructed of posts and wire, the top wire to be four and one-half feet above the ground and shall have at least four […]

Section 77-16-18 – Report of killed or crippled livestock; inspection and removal.

A. Every railroad in this state, upon discovery of livestock killed or crippled upon a section of the railroad right-of-way, shall immediately make a report thereof to an inspector of the cattle sanitary board [New Mexico livestock board] or to any other person designated by the board for the purpose of receiving the report. B. […]

Section 77-16-2 – Definition.

As used in Article 16 of Chapter 77 [NMSA 1978], “livestock” shall include domestic animals such as cattle, horses, sheep, hogs, goats and buffaloes. History: 1953 Comp., § 47-17-1.1, enacted by Laws 1977, ch. 189, § 2. ANNOTATIONS Bracketed material. — The bracketed material was inserted by the compiler and is not part of the […]

Section 77-16-3 – [Damages on fenced lands; right of action; lien on animals.]

When any trespassing shall have been done by any cattle, horses, sheep, goats, hogs or other livestock upon the cultivated or enclosed ground of any other person, when the same is fenced as provided by Section 77-16-1 NMSA 1978, but not otherwise, such person may recover any damage that he may sustain by reason thereof […]

Section 77-16-4 – [Barbed wire fence; specifications.]

When fences are constructed of barbed wire and posts they shall be built substantially as follows: posts set firmly in the ground aand [and] projecting above the ground not less than four feet, said posts to be not less than two inches in diameter at the smaller end, and to be set not over thirty-three […]

Section 77-16-5 – [Applicability of act.]

This act [77-16-4, 77-16-5 NMSA 1978] shall not apply to territory within an incorporated city, town or village nor shall it be construed to repeal, amend or in anywise affect the provisions of Chapter 88 of the Session Laws of 1919, as amended by Chapter 70 of the Session Laws of 1921 [repealed]. History: Laws […]

Section 77-16-6 – [Board fence; specifications.]

When the fence is constructed of lumber and posts the boards shall be at least one inch thick and six inches wide with posts as described in the preceding section [77-16-4 NMSA 1978] not over eight feet apart and firmly set in the ground as described in said section. The boards [are] to be firmly […]

Section 77-16-7 – [Pole and post fence; specifications.]

When the fence is constructed of poles and posts the posts shall not be more than twelve feet apart and of the same size and set in the ground as described in Section 77-16-4 NMSA 1978. The poles [are] to be at least two inches in diameter at the smaller end and [are] to be […]

Section 77-16-8 – [Stone, adobe or woven wire fence; specifications.]

When the fence is constructed of stone, adobe, woven wire or any other material it shall be at least four feet in height and equal in strength to the fence described in Section 77-16-4 NMSA 1978. History: Laws 1909, ch. 13, § 4; Code 1915, § 2345; C.S. 1929, § 50-107; 1941 Comp., § 49-1807; […]

Section 77-16-9 – [Legal protection of fences against damage or destruction.]

All fences shall be considered as under the care and protection of the law, for damages done, or destruction committed thereon. History: Laws 1869, ch. 20, § 1; C.L. 1884, § 1272; C.L. 1897, § 1814; Code 1915, § 2347; C.S. 1929, § 50-109; 1941 Comp., § 49-1808; 1953 Comp., § 47-17-8. ANNOTATIONS Bracketed material. […]