The said commissioner [commissioners] shall have lawful power and authority to prevent any and all persons from placing any obstruction whatsoever in any of such community springs and from in any manner injuring or destroying any dam, breakwater or tank connected therewith, and shall have authority to enter complaint against any person who shall wilfully injure, break or obstruct any such spring, dam or breakwater, before any justice of the peace [magistrate] having jurisdiction and any person so accused upon conviction thereof before any justice of the peace [magistrate] having jurisdiction shall be fined in any sum not less than five dollars [($5.00)] nor more than twenty-five dollars [($25.00)], and shall also be liable to the community in a civil suit for damages to be brought by the said commissioners in the name and for the use of such community.

History: Laws 1889, ch. 14, § 2; C.L. 1897, § 60; Code 1915, § 5803; C.S. 1929, § 151-702; 1941 Comp., § 77-902; 1953 Comp., § 75-9-2.

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

The office of justice of the peace was abolished, and the jurisdiction, powers and duties thereof transferred to the magistrate courts. See 35-1-38 NMSA 1978.

Cross references. — For provision making injuring of or interfering with works a misdemeanor, see 72-8-1, 72-8-3 NMSA 1978.

For injunction against use of community waters in community land grant, see 49-1-16, 49-2-15 NMSA 1978.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 78 Am. Jur. 2d Waters §§ 32 to 42.

94 C.J.S. Waters § 233.