If any proprietor of any land irrigated by any such ditch shall neglect or refuse to furnish the number of laborers required by the mayordomo, as prescribed in Section 73-2-30 NMSA 1978, after having been legally notified by the mayordomo, he shall pay a civil penalty for each offense in a sum not exceeding twenty dollars ($20.00) for the benefit of the ditch, which shall be recovered by the mayordomo before any magistrate in the county, and in such cases the mayordomo may be a competent witness to prove the offense, or any fact that may serve to constitute the same. The amounts collected under this section shall be considered as an additional penalty and are not construed to amend or limit the provisions of Section 73-2-25 or 73-2-26 NMSA 1978.
History: Laws 1851-1852, p. 277, § 9; C.S. 1865, ch. 1, § 17; C.L. 1884, § 38; C.L. 1897, § 35; Code 1915, § 5761; C.S. 1929, § 151-431; 1941 Comp., § 77-1427; 1953 Comp., § 75-14-28; Laws 1977, ch. 184, § 3.
Cross references. — For disposition of fines and forfeitures, see 73-2-32 NMSA 1978.
For failure to assist mayordomo in stopping breaks or removing obstructions, see 73-2-34 NMSA 1978.
For penalty for abandoning work, see 73-2-37 NMSA 1978.
For provision applicable to certain counties, see 73-3-5 NMSA 1978.
The 1977 amendment substituted, in the first sentence, the complete current statutory reference for "section 5760," [Code of 1915] "pay a civil penalty" for "be fined," "twenty dollars ($20.00)" for "ten dollars," "the ditch" for "said ditch" and "magistrate" for "justice of the peace" and added the last sentence.
"Fine" should be construed to mean a pecuniary penalty merely, which may be sued for by the overseer (mayordomo) in his official capacity in the civil action, and when recovered, be received by him and applied to repairs of the acequia. Territory v. Baca, 1882-NMSC-002, 2 N.M. 183; Territory v. Tafoya, 1882-NMSC-001, 2 N.M. 191 (decided before 1977 amendment).
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