Any person or persons, corporation or company, owning or constructing any ditch, raise, drain, flume, in, upon or across any highway shall keep the highway open for safe and convenient travel, by constructing bridges over such ditch, raise, drain or flume, or by providing other safe and convenient way across or around the said ditch; and within five days after any ditch is constructed across, in or upon any highway, at any point thereof, so as to interfere with or obstruct such highway, the person or persons owning or constructing such ditch shall erect a good and substantial bridge across the same, which shall thereafter be maintained by the county. Any person or persons, corporation or company constructing any ditch, raise, drain, flume, in, upon or across any highway, and failing to keep the highway open for safe and convenient travel, shall forfeit the sum of twenty-five dollars [($25.00)] to the county. And any person or persons, corporation or company, who shall fail to erect a good, substantial bridge across any ditch, raise, drain or flume within five days after the same is constructed in, upon or across any highway, shall forfeit the sum of twenty-five dollars [($25.00)] to the county, together with the cost of constructing there a good and substantial bridge which the county road board shall at once proceed to build, and shall also be liable in damages to any person or persons damaged by such neglect.

History: Laws 1905, ch. 124, § 38; Code 1915, § 2693; C.S. 1929, § 64-1304; 1941 Comp., § 58-610; 1953 Comp., § 55-6-10.

Bracketed material. — The bracketed material was inserted by the compiler; it was not enacted by the legislature and is not a part of the law.

Compiler's notes. — New Mexico Const., art. XII, § 4, provides that, "All fines and forfeitures collected under general laws . . . shall constitute the current school fund of the state."

This section may be superseded by 72-8-2 NMSA 1978 which permits the county commissioners to construct the bridge if not built by the owner of the ditch within three days, and provides for recovery of the cost of the bridge by civil action.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Highways, Streets and Bridges § 479.

40 C.J.S. Highways §§ 221, 229.