Every lesee [lessee] of state lands, and every purchaser of state lands holding same under contract to purchase, who shall fence the same, shall erect and maintain gates and runways at all intersections at public highways, and failure so to do shall constitute a misdemeanor, upon conviction of which the lessee or holder of contract to purchase so convicted shall be punished by a fine of not more than twenty-five dollars [($25.00)] and in default of payment thereof, shall be imprisoned for not more than thirty days. Any person passing through such gate and failing to close the same shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as provided by this section.

History: Laws 1912, ch. 82, § 51; Code 1915, § 5229; Laws 1915, ch. 73, § 5; C.S. 1929, § 132-152; 1941 Comp., § 8-706; 1953 Comp., § 7-7-6.

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

Cross references. — For fence across public road being unlawful unless gate and cattle-guard passageway are maintained and permit secured, see 67-7-10 NMSA 1978.

Lessees of state lands may fence same and maintain gates at intersections of public highways. While a gate is an obstruction, yet it may be legalized by legislative enactment. 1914 Op. Att'y Gen. No. 14-1268, 1914 Op. Att'y Gen. No.14-1353, 1914 Op. Att'y Gen. No.14-1408.

Keeping open section line. — Fact that a line across state lands is a section line does not impose any obligation on anyone to keep it open, unless there has been a road established by the county commissioners, or by general usage before any right was acquired to the land on each side of the section line; but, even in case of such establishment of road, gates could be maintained. 1915 Op. Att'y Gen. No. 15-1455.