All the salt lakes within this state, and the salt which has, or may accumulate on the shores thereof, is, and shall be free to the citizens, and each one shall have power to collect salt on any occasion free from molestation or disturbance. If any person or persons shall prevent any other person or persons, or shall attempt to prevent them from gathering salt, or going for, or returning with it, or shall arm or embody themselves for any or either of the above purposes, or shall molest or disturb, hinder or annoy any person or persons gathering salt, or going to, or returning from any salt lakes, or shall interfere with the salt gathered, or the animals, carts or wagons, or any other mode of conveyance or transportation, shall be deemed guilty of felony, and punished by confinement in the penitentiary, not less than two nor more than seven years, or by fine of not less than one thousand dollars [($1,000)].
History: Laws 1853-1854, p. 20, §§ 1, 2; C.L. 1865, ch. 98, §§ 1, 2; C.L. 1884, § 53; C.L. 1897, § 58; Code 1915, § 5814; C.S. 1929, § 151-1101; 1941 Comp., § 77-1001; 1953 Comp., § 75-10-1.
ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes. — Laws 1853-1854, p. 20 contained a preamble reciting that by the laws of Spain and Mexico, free and common use was granted to the people of New Mexico and of all the states and provinces of said republic, of all salt lakes within their respective limits, that the same right has been guaranteed by the treaty between the United States and Mexico, that one James Magoffin of Texas had set up a fictitious claim to the San Andres salt lakes and attempted forcibly to prevent citizens of the territory from taking salt from the same, and committed acts of wrong and outrage against them and that it was the duty of the legislative assembly of the territory, by proper laws to protect its citizens in their just rights of property and person.
The first sentence of the present section constituted C.L. 1865, ch. 98, § 1, and the remainder appeared as § 2 thereof.