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.