[Neglect of duty; penalty.]

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If any superintendent or water commissioner, neglects or refuses to discharge the duties required of him by the three preceding sections [73-2-47 to 73-2-49 NMSA 1978], he shall be fined for each offense in a sum not to exceed ten dollars ($10.00) recoverable before any justice of the peace [magistrate court] in the county; and the moneys thus recovered from said fines, shall be paid to the county treasurer, to be applied to the school fund of the district where said offense is committed.

History: Laws 1903, ch. 15, § 4; Code 1915, § 5779; C.S. 1929, § 151-449; 1941 Comp., § 77-1446; 1953 Comp., § 75-14-47.

ANNOTATIONS

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 provision that all fines and forfeitures collected under general laws shall go into state current school fund, see N.M. Const., art. XII, § 4.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 45 Am. Jur. 2d Irrigation § 22.

28 C.J.S. Drains § 97; 93 C.J.S. Waters § 192.


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