2020 New Mexico Statutes
Chapter 73 - Special Districts
Article 3 - Ditches or Acequias; Special Provisions Governing Certain Counties
Section 73-3-5 - [Community ditches; laborers; refusing to work; fines.]

The owners of said community ditches or their bosses or representatives shall labor therein in proportion to their lands under cultivation. It shall be their duty to furnish the number of laborers, proportionate to their lands, required by the mayordomo, at the time and place he may designate for the purposes mentioned in the foregoing section [73-3-4 NMSA 1978], and for the time he may deem necessary. If any person thus required shall wilfully neglect or refuse to comply with such requirements of the mayordomo, after having been duly notified by the mayordomo or his agent, he shall be fined, for each offense, in a sum not exceeding five dollars ($5.00), for the benefit of said ditch or acequia, which shall be recovered by the mayordomo in a summary way, and in case of default in the payment of said fine, it may be recovered by the mayordomo before any justice of the peace [magistrate court] in the county, within fifteen days after such default, and in such cases, the mayordomo may be a competent witness to testify therein.

History: Laws 1903, ch. 32, § 4; Code 1915, § 5791; C.S. 1929, § 151-507; 1941 Comp., § 77-1505; 1953 Comp., § 75-15-5.

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Section 35-1-38 NMSA 1978 abolished the office of justice of the peace, transferred the jurisdiction, powers and duties of said justices to the magistrate court and provided that all statutory references to "justice of the peace" shall be construed to refer to the magistrate court.

Compiler's notes. — The "foregoing section" referred to in this section means § 5790, Laws 1915, now compiled as 73-3-4 NMSA 1978.