All public lands, proper for pasturing horned cattle, sheep and horses, of any class whatever, are reserved for such purpose, and declared common pastures.
History: Laws 1861-1862, p. 274; C.L. 1865, ch. 86 (2d), § 4; C.L. 1884, § 2573; C.L. 1897, § 3747; Code 1915, § 4636; C.S. 1929, § 111-109; 1941 Comp., § 8-305; 1953 Comp., § 7-3-5.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Application. — This section does not apply to lands covered by indemnity on selections by the state. Makemson v. Dillon, 1918-NMSC-040, 24 N.M. 302, 171 P. 673.
"Sheeping off" of lands. — Compiled Laws 1897, § 102 was a valid exercise of the police power to prevent "sheeping off" of lands near settlements, and sheep for breeding were within the statute which, however, was repealed by the general repealing clause of the 1915 Code after this action was brought. Although this section and Section 19-3-6 NMSA 1978 were enacted prior thereto, they did not affect C.L. 1897, § 102, even if in conflict with it. State v. Coppinger, 1916-NMSC-012, 21 N.M. 435, 155 P. 732.
Law reviews. — For article, "Attachment in New Mexico - Part II," see 2 Nat. Resources J. 75 (1962).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 63A Am. Jur. 2d Public Lands §§ 22 to 30.
Constitutionality and construction of statutes relating to grazing and pasturing sheep or goats on public land, 70 A.L.R. 410.
73A C.J.S. Public Lands §§ 19 to 23.
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