2020 New Mexico Statutes
Chapter 73 - Special Districts
Article 2 - Ditches or Acequias
Section 73-2-32 - [Disposition of fines.]
All fines and forfeitures recovered for the use and benefit of any public ditch or acequia, shall be applied by the overseer [mayordomo or superintendent] to the improvements, excavation and bridges for the same, wherever it may be crossed by any public road where bridges may be necessary.
History: Laws 1851-1852, p. 277, § 11; C.L. 1865, ch. 1, § 19; C.L. 1884, § 8; C.L. 1897, § 15; Code 1915, § 5757; C.S. 1929, § 151-427; 1941 Comp., § 77-1428; 1953 Comp., § 75-14-29.
ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes. — The officers of a public ditch or acequia do not include an overseer; the mayordomo, or superintendent, is the executive officer of the acequia, to whom the section apparently refers. See 73-2-12 and 73-2-21 NMSA 1978.
Cross references. — For duty to bridge acequias, see 73-2-43 NMSA 1978.
"Fines" construed. — In connection with Section 73-2-31 NMSA 1978, the word "fines" in this section should be construed to mean a pecuniary penalty merely, which could be sued for by the mayordomo in his official capacity in a civil action and received by him and applied to repairs of the acequia. Territory v. Baca, 1882-NMSC-002, 2 N.M. 183.
