No person or persons, corporation or company, shall dam the waters of any stream so as to cause the same to overflow any road, or damage or weaken the abutments, walls or embankments of any bridge or any highway. Any person or persons, corporation or company, violating any of the provisions of this section shall forfeit the sum of fifty dollars [($50.00)] to the county as a penalty, and shall be liable to the county and to any person or persons, corporation or company for any damages resulting therefrom.
History: Laws 1905, ch. 124, § 37; Code 1915, § 2700; C.S. 1929, § 64-1309; 1941 Comp., § 58-605; 1953 Comp., § 55-6-5.
Bracketed material. — The bracketed material was inserted by the compiler; it was not enacted by the legislature and is not a part of the law.
Compiler's notes. — New Mexico Const., art. XII, § 4, provides that, "All fines and forfeitures collected under general laws . . . shall constitute the current school fund of the state."
Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Highways, Streets and Bridges §§ 280, 299, 362, 455.
40 C.J.S. Highways §§ 221, 229.
Structure New Mexico Statutes
Article 7 - Obstructions and Injuries to Highways
Section 67-7-1 - [Obstructing roads; penalties.]
Section 67-7-2 - [Obstructions and damage to highways and bridges prohibited.]
Section 67-7-3 - [Fords; obstructions and damage; penalties; toll bridges prohibited.]
Section 67-7-4 - [Dams causing overflow or injuring bridges prohibited; damages; penalty.]
Section 67-7-5 - [Fines; penalties; forfeitures; action of debt to recover.]
Section 67-7-6 - [Irrigation or drainage water overflowing highway; penalty.]
Section 67-7-7 - [Water overflowing highway; liability for damages.]
Section 67-7-8 - [Irrigation ditches crossing roads; bridges.]
Section 67-7-9 - [Ditches; drains; flumes; bridges required; penalty.]
Section 67-7-10 - Unlawful use of highways; penalties.
Section 67-7-11 - [Arrest for violation; seizure of vehicle; fee.]