Before entering upon their duties, such commissioners shall take and subscribe an oath to support the constitution of the United States and the constitution of the state of New Mexico, to faithfully and impartially discharge their duties as such commissioners and to render a true account of their duties to the district court within whose district the said drainage district is located, whenever required by law or the order of the said court, and shall execute a bond running to the state of New Mexico to be filed with said clerk for the benefit of the parties interested, in an amount to be fixed by the said district court or presiding judge thereof, with sureties to be approved by the court or presiding judge, conditioned for the faithful discharge of their duties as such commissioners, and the faithful accounting for and application of all moneys which shall come into their hands as such commissioners. A majority shall constitute a quorum, and a concurrence of a majority in any matter within their duties shall be sufficient for its determination.
History: Laws 1912, ch. 84, § 18; Code 1915, § 1894; Laws 1919, ch. 156, § 9; C.S. 1929, § 40-125; 1941 Comp., § 77-1825; 1953 Comp., § 75-19-25.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Cross references. — For annual report of commissioners, see 73-6-29 NMSA 1978.
For report on necessity benefits and boundaries (preliminary report), see 73-6-33 and 73-6-34 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 28 C.J.S. Drains § 14 et seq.; 93 C.J.S. Waters § 128; 94 C.J.S. Waters § 345.
Structure New Mexico Statutes
Chapter 73 - Special Districts
Article 6 - Drainage Districts; Formation
Section 73-6-1 - Drainage district; petition for; contents.
Section 73-6-2 - [Petition amendment; consolidation.]
Section 73-6-3 - [Noncontiguous lands.]
Section 73-6-4 - [Petition; hearing; notice.]
Section 73-6-5 - [Nonresidents; petition; notice.]
Section 73-6-6 - [Notice; proof of service.]
Section 73-6-7 - [Notice; personal service.]
Section 73-6-8 - [Notice; owners not served.]
Section 73-6-9 - [Notice; time of service.]
Section 73-6-10 - [Hearing; failure of service.]
Section 73-6-11 - [Hearing; objections.]
Section 73-6-12 - [Hearing and determination.]
Section 73-6-13 - [Proof of ownership.]
Section 73-6-14 - [Petition; deed made to defeat.]
Section 73-6-15 - [Petition; purchasers after notice of petition.]
Section 73-6-16 - [Petition; insufficient signatures.]
Section 73-6-18 - [Qualifications of voters; application of general election laws.]
Section 73-6-19 - [Elected by plurality vote.]
Section 73-6-21 - ["Resident freeholder" defined.]
Section 73-6-22 - [Determining and declaring result of election.]
Section 73-6-23 - [Election precincts; polling places; election judges and clerks.]
Section 73-6-24 - [Time for holding second and subsequent elections; commissioners holding over.]
Section 73-6-25 - [Commissioners; oath; bond; quorum; concurrence of majority.]
Section 73-6-26 - [Appointments to fill expired terms; time; notice.]
Section 73-6-27 - [Commissioners; vacancies.]
Section 73-6-28 - [Commissioners; accounts; records; vouchers.]
Section 73-6-29 - [Commissioners; annual report.]
Section 73-6-30 - [Commissioners; compensation; expenses.]
Section 73-6-31 - [Commissioners; court to control; contempt.]
Section 73-6-32 - [Commissioners; bonds; liability.]
Section 73-6-33 - [Commissioners; organization; examination of lands; report.]
Section 73-6-34 - [Commissioners to report.]
Section 73-6-35 - [Commissioners; hearing on report.]
Section 73-6-36 - [Commissioners; report; hearing; adjournment.]
Section 73-6-37 - [Commissioners; report; remonstrance.]
Section 73-6-38 - [Lands added to; notice to owners.]
Section 73-6-39 - [Commissioners report; trial; judgment; costs.]
Section 73-6-40 - [Commissioners report; trial; findings; confirmation.]
Section 73-6-41 - [Commissioners report; findings final; appeal to Supreme Court.]
Section 73-6-42 - [Name; boundaries; corporation; powers.]
Section 73-6-43 - [Commissioners; powers.]
Section 73-6-44 - [Conditions precedent to formation of drainage district.]