The penalties on those who shall fail to supply the amount of work due by them, according to the provisions of this and the preceding section [73-2-39 NMSA 1978], or the number of laborers on them apportioned or for any violation of existing laws on this subject; and those penalties that are applicable under existing laws to mayordomos, shall be the same that shall be applied in these cases, and they shall be executed and fines shall be disbursed in the same manner: provided, that when any chief mayordomo shall have, in person, given notice to any person who is liable and owes work to the acequia of which he is mayordomo, and such person fails, then and in such case the mayordomo shall impose on the persons so failing the penalty or fine which the law authorizes. And if it is not paid he shall sue them before the justice of the peace [magistrate court] for the same; and there it shall be finally decided and executed, if the defendant does not offer credible witnesses to disprove and combat the charge. In which case an examination of the whole subject shall be made by said justice of the peace [magistrate court], and he shall decide accordingly, or shall grant a change of venue to the nearest precinct, should the defendant so desire.
History: Laws 1880, ch. 30, § 4; C.L. 1884, § 48; C.L. 1897, § 45; Code 1915, § 5768; C.S. 1929, § 151-438; 1941 Comp., § 77-1436; 1953 Comp., § 75-14-37.
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.
Cross references. — For other sanctions relating to acequias, see 73-2-20, 73-2-25, 73-2-27, 73-2-29, 73-2-31, 73-2-34, 73-2-37, 73-2-45, 73-2-46, 73-2-50, 73-2-52 to 73-2-54 and 73-2-64 NMSA 1978.
Structure New Mexico Statutes
Chapter 73 - Special Districts
Article 2 - Ditches or Acequias
Section 73-2-1 - [Right of construction; damages.]
Section 73-2-2 - [Condemnation of lands.]
Section 73-2-3 - [Taking of lands for construction.]
Section 73-2-4 - [Preference right for irrigation; obstruction.]
Section 73-2-5 - Ditch over land of another; easement; right of servient owner; penalty.
Section 73-2-6 - [Ancient ditches protected.]
Section 73-2-7 - [Ownership; right to water.]
Section 73-2-8 - [Management of ditches crossing county line.]
Section 73-2-9 - [Acequias declared public.]
Section 73-2-10 - [Ownership of plants on banks.]
Section 73-2-11 - [Community ditches made corporations; ditches taking water from common source.]
Section 73-2-12 - Officers, election, bonds and vacancies in certain counties.
Section 73-2-13 - [Vacancies in office of commissioner.]
Section 73-2-14 - Ditch elections; votes.
Section 73-2-15 - [Failure to hold election; calling of special election.]
Section 73-2-16 - [Disqualifications.]
Section 73-2-17 - [Disqualifications.]
Section 73-2-18 - [Pay of mayordomo.]
Section 73-2-19 - [Mayordomo; not to lease lands.]
Section 73-2-20 - [Mayordomo not to lease lands; penalty.]
Section 73-2-21 - Commissioners' powers and duties; mayordomo's duties.
Section 73-2-23 - [Reimbursement of commissioner's expenses.]
Section 73-2-24 - [Maximum charge in lieu of fatigue work; excepted counties.]
Section 73-2-25 - Persons delinquent not to use water; penalty.
Section 73-2-26 - Actions for collection of assessments.
Section 73-2-27 - [Community ditches defined.]
Section 73-2-28 - Acequia and community ditch associations.
Section 73-2-28.1 - Acequias and community ditch associations; insurance coverage.
Section 73-2-30 - [Duty to furnish laborers.]
Section 73-2-31 - Failure to furnish laborers.
Section 73-2-32 - [Disposition of fines.]
Section 73-2-33 - [Duty to work.]
Section 73-2-34 - Common labor; failure to work.
Section 73-2-35 - [Obligation to work continues until completion.]
Section 73-2-36 - [Duty to furnish laborers; mayordomos to superintend work.]
Section 73-2-37 - [Penalty for abandoning work.]
Section 73-2-38 - [Labor to be in proportion to land ownership.]
Section 73-2-39 - [Duty to furnish laborers; duty of absent landowner.]
Section 73-2-40 - [Failure to furnish laborers; penalty.]
Section 73-2-41 - Indians; rights and duties.
Section 73-2-42 - Blind persons; free irrigation.
Section 73-2-43 - [Bridges across roads.]
Section 73-2-44 - [Payment for bridges.]
Section 73-2-45 - [Persons delinquent for bridges not to use waters.]
Section 73-2-46 - [Mayordomo failure to perform duties; penalty.]
Section 73-2-47 - [Several ditches from one stream; joint meeting of commissioners.]
Section 73-2-48 - [Organization; rules and regulations.]
Section 73-2-49 - [Distribution of water.]
Section 73-2-50 - [Neglect of duty; penalty.]
Section 73-2-51 - [Not applicable on Rio Grande.]
Section 73-2-52 - [Spillways; place; work on excess water.]
Section 73-2-54 - [Joint spillways or degaguas; use of water without consent; penalty.]
Section 73-2-55 - [Joint spillways or degaguas; use of water; authority of majority of mayordomos.]
Section 73-2-55.1 - Water banking; acequias and community ditches.
Section 73-2-57 - [Crossing lands in reconstruction; compensation; determination; procedure.]
Section 73-2-58 - [Appraisers; oath.]
Section 73-2-59 - [Appraisement; notice to landowners; contents; service; return.]
Section 73-2-60 - [Report of appraisers; contents.]
Section 73-2-61 - [Payment of appraised value; right to possession; forcible entry and detainer.]
Section 73-2-62 - [Appeal from appraisement to district court.]
Section 73-2-63 - [Change in place of diversion; permit unnecessary.]
Section 73-2-65 - Acequia commission; created; membership; terms.
Section 73-2-66 - Powers and duties.