A. All persons and public corporations, shall be liable for damages done to works of the district by themselves, their agents, their employes [employees] or by their livestock. Any person guilty of wilful damage shall be guilty of a misdemeanor, and shall be fined not to exceed two hundred ($200) dollars and costs and shall be liable for all damages and costs. The board shall have authority to repair such damage at the expense of the person or public corporation causing the same.

B. In all cases declared misdemeanors by this act, any justice of the peace [magistrate] of the county in which the offense is committed shall have jurisdiction thereof, and upon complaint being made as is now required by law, may issue a warrant directed to any proper officer of his county, for the arrest of any person so charged with any such misdemeanor, and upon the arrest of such person, the justice of the peace [magistrate] before whom such person is brought for trial shall hear and determine the cause, and if he finds the accused guilty, shall assess the fine as prescribed in this act.

History: Laws 1927, ch. 45, § 703; C.S. 1929, § 30-703; 1941 Comp., § 77-3006; 1953 Comp., § 75-31-6.

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

The office of the justice of the peace was abolished by 35-1-38 NMSA 1978, which also provided that references to the justice of the peace shall be construed as references to the magistrate court.

Compiler's notes. — For the meaning of "this act", see the compiler's notes to 73-17-1 NMSA 1978.

Cross references. — For interference with use of works, see 72-8-3 NMSA 1978.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 52A C.J.S. Levees and Flood § 41.