77-14-16. [Animals taken up in irrigation district; sale; number necessary.]
Should it be necessary to sell any of said animals under the terms of this act [77-14-8 to 77-14-24 NMSA 1978], the justice of the peace [magistrate] shall sell only such number as in his opinion shall be sufficient to pay all costs and claims based upon the amount claimed or sued for, and shall deliver the remainder of said animals to the owner thereof. Provided, that nothing herein shall be construed as relieving the owner of said stock for any damages in excess of the proceeds derived from said sale.