Whenever the words "owners and proprietors" are used in this act they shall in all cases be construed to mean the members of the colony, community or town to which said grant was made, being all of the class of persons who were determined by the district court to be the owners thereof at the time of the incorporation of such grant by virtue of the act of February 26, 1891, and their descendants, residing within the exterior boundaries of such grant who have so resided continuously for not less than two years, and who own land in common within such exterior boundaries, and have paid taxes thereon. Providing, however, that only such persons as are defined in this section shall be qualified or permitted to participate in the elections provided in this chapter or to hold office as an officer or trustee of the grant.
History: Laws 1917, ch. 3, § 18; C.S. 1929, § 29-218; Laws 1939, ch. 202, § 1; 1941 Comp., § 9-218; 1953 Comp., § 8-2-18; Laws 1961, ch. 158, § 2.
ANNOTATIONSRepealing saving clauses. — Laws 1917, ch. 3, § 19, provided that: "All acts or parts of acts in conflict with this act are hereby repealed, and especially said act of the legislative assembly of the territory of New Mexico, approved February 26, 1891, and the said act of said legislative assembly, approved March 18, 1897, but this repeal shall not affect the corporate existence of any corporation organized or incorporated under either of said acts."
The term "this act" and "this chapter" both refer to Laws 1917, ch. 3, §§ 1 to 20, compiled as 49-2-1 to 49-2-17 NMSA 1978.
Rights, etc., acquired by descendants of original owners. — The descendants of the original owners of beneficial interests in the common lands have acquired by descent, or devise, whatever rights, privileges and interests their ancestors possessed. Armijo v. Town of Atrisco, 1957-NMSC-045, 62 N.M. 440, 312 P.2d 91.