take them there without order from the owner of them, in such case, the father, mother or guardian of him who drove the animals there, if the herder be a minor, shall pay the damages, and if he be of age, he himself shall pay it when he does it without the express order of the owner. § 1820. The person who shall break the provisions of section one thousand eight hundred and fourteen, shall be obliged at the time of his punishment, to indemnify the owner of any fence, for the damage that has followed therefrom, for, the repairing of his fence, valued according to the gravity of the offense. L. 1869. C. 50, § 1; Jan. 25. Indemnity. Id. § 4. Protection for gardens, etc. § 1821. Every person who sets out or plants fruit or other trees, should protect the same with a wall or paling sufficient to prevent injuries being done by animals: Provided, That persons who do not see fit to inclose their orchards or gardens, §1: Jan. 10, 1859. Tr. shall not be compelled to do so. § 1822. Any person or persons who shall not comply with the provisions of the preceding section, shall not have the right to claim the damages done by animals in such gardens or orchards: Provided, That the damages mentioned are to be understood, those done from the fall to the spring, but not those done during the summer, during which time all damages committed should be paid for, according to the laws and municipal regulations of the place. § 1823. All persons cultivating land within that portion of this territory embraced within the boundaries hereinafter mentioned and described, shall be required to fence such cultivated land with a substantial fence of posts and boards, rails, poles, or wire, sufficient to turn horses, cattle, and sheep, and such fences shall be kept in good repair, and no claim for damage to crops by depredations of horses, cattle, or sheep shall be allowed to any person or persons if he or they shall fail to comply with the provisions of this act. § 1824. This act shall apply to all cultivated land embraced within the following boundaries, to-wit: All that portion of the Territory of New Mexico lying west of the range line between ranges six and seven, west, to the west boundary of this territory, and between the north line of township fourteen, south of the base line, to the second correction line north of said base line in this territory, excepting from Logan's mill to the box canon on the San Francisco river. § 1825. That it shall be illegal for any person or persons in the Territory of New Mexico, to open any fence or fences of any private individual or individuals, for the purpose of using the road, or roads, passing through the private property of any person or persons. C. L. 1865, chap. 81, Damages: when may be claimed. Id. § 2. Fences required; specifications. L. 1884. chap. 84. § 1: April 3. Locality defined. Id. § 2. Illegal to use private roads and open fences. C. 39. L. 97. § 1: March 12. Persons opening gate for passage over private property, not closing, ages. § 1826. That any person, or persons, who hereafter will open the gate of any fence, or fences, of any person or persons, the same being private property, for the purpose of liable for all dampassing as aforesaid, shall close said gate, and if any person, or persons, so passing, shall neglect to close the gate of any fence or fences after having opened the same, shall be subject and responsible for the damage to the land, crop, or grass of the owner, or owners, of such land, through such neglect: and such damage shall be appraised as now provided by law. Id. § 2. C. 39. L. 97, § 3: March 12. demeanor. §1827. That in addition to the damage as provided for in this act, such person, or persons, violating the privileges of Also guilty of mis- this act, shall be deemed guilty of a misdemeanor and upon conviction thereof before any justice of the peace, shall be fined in a sum not less than five, nor more than ten dollars, to be collected as now provided by law, which fine shall go to the general school fund of the county. sioners to have con ment of highways. 1868 County commis- § 1828. The boards of county commissioners in the Territrol and manage tory of New Mexico shall have the control and management of all the roads and highways in their respective counties, with power to establish, change and maintain the same as herein provided, and to see that the laws in relation to them are carried into effect. C. 89, L. 91. § 1: Feb. 26. Width of highways: public bridges part of highways. Id. § 2. § 1829. The right of way of county and territorial roads hereafter established must be not less than forty feet wide, nor more than eighty feet, but any road already established may be made wider. County bridges are parts of public highways and must not be less than sixteen feet in width: Prorided, That when practicable the county commissioners shall declare all township and section lines, public highways of not less than forty feet in width, and where there is no improvement, no compensation shall be paid for such highways. § 1830. A county or public road may, within the limits aforesaid, be increased or diminished in width, or may be altered in direction, or discontinued, by pursuing substantially the steps herein prescribed for opening or establishing a new road. § 1831. It shall be the duty of the boards of commissioners at their regular January meeting of each year, to fix and determine the number of days of labor that shall be expended upon the roads of their respective counties for the current year, which shall not be less than two, nor more than five days for every man subject, to road labor, and they shall cause an order of the same to be entered upon the records of their of fice and shall immediately thereafter notify the supervisor of roads in the various precincts of their respective counties of the order issued by them, a copy of which order shall accompany the notice to said supervisor, and such board shall assign all persons liable to work on the public roads to some road, in such manner as to make a fair and equitable division of such laborers, and that the said boards of commissioners shall assign said laborers to work on roads as near to their houses as practicable. That in no case shall a person be compelled to work on roads at a distance of more than ten miles from his residence. § 1832. Hereafter in this territory all the able bodied male residents between the ages of twenty-one and fifty-five, ex-` cept persons residing within the limits of incorporated towns and villages, shall be required to perform labor upon the public highway as herein provided: Provided, however, Those subject to road tax or labor may pay in lieu of said labor, one dollar a day for each day in which he was liable to road labor. Supervisor to give notice when per attend. § 1833. The supervisor shall be required to give at least three days notice previous to the day or days designated to sons notified must work the road, to all persons in his district subject to work, what day he will superintend the work on the roads within his precinct, and all persons so notified must meet said supervisor at such time and place, and with such tools, implements and teams as said supervisor may designate, and shall labor diligently, under the direction of said supervisor, for eight hours each day, and for such number of days of labor performed, the supervisor shall give to the person a certificate, which certificate shall be evidence that such person has performed labor on the public highways as required by law, and shall be a receipt to the person for the payment of road labor due for that year: Provided, further, Every person owning a team of horses, mules or oxen shall be required to work one day with such team, in such manner as directed by the supervisor, or pay three dollars in lieu thereof. 18. $6 Supervisors of roads to be appoint § 1834. After the passage of this act, the county commissioners shall appoint in each of the precincts of their re- ed. spective counties, a supervisor of roads, who, under the direction and control of the board of county commissioners, shall superintend and manage the road work in their respective precincts, and hereafter at each general election held in this territory there shall be elected a supervisor of roads for Feb. 26. Supervisors give bonds. to See C. 61, L. 9. officers, abolishing and making justice the peace ex § 3: end of county road supervisors. of C. 89. L 91. § 7: each precinct, who shall be a qualified elector and not exempt from road tax or labor. Each supervisor so elected or appointed as herein provided, before entering upon the duties of his office, shall give bond in such sum and with such security as the commissioners may deem requisite, conditioned that he will faithfully and impartially perform all the duties devolving upon him and appropriate all moneys that may come into his hands by virtue of his office according to law, which bond shall be filed in the office of the probate clerk. The supervisor shall receive a compensation for his labors in connection with road work, including the time necessarily spent in notifying parties in regard to said work and making out his returns, two dollars a day for each day so spent: Prorided, however, That not more than twenty days shall be spent in such labor in any one year. He shall be liable to road labor as other persons are liable under this act. officio road supervisors. For extraordinary repairs. supervisor § 1835. It shall be the duty of the supervisor of roads, by the first of December of each year, to file with the probate clerk of each county in this territory a report which shall embrace the following items: First. The names of all persons in his precinct required to perform labor on the public highway, and the amount performed by each. Second. The names of all persons who have performed their road labor, and the names of all persons who have paid money in lieu of labor. Third. The amount of all moneys coming into his hands by virtue of his office, and from what sources. Fourth. The manner in which the money coming into his hands by virtue of his office has been expended, and the amount, if any, in his possession. Fifth. The number of days he has been faithfully employed in the discharge of his duties. Sixth. The condition of the roads in his precinct, and bridges and such other items and suggestions as said supervisor may wish to make, which may inform the commissioners as to their duties in reference to public roads, which report shall be signed and sworn to by said supervisor and filed by the probate clerk among the papers of his office. § 1836. Any supervisor failing or neglecting to perform the several duties required by this act, shall forfeit and pay for the use of the road fund in his precinct, the sum of fifty dollars, and it is hereby made the duty of the probate clerk. in case of such failure or neglect, to commence suit in his name for the collection of the same before any justice of the peace within the proper precinct. § 1837. When notified in writing by any person that any bridge or other portion of a public road is unsafe or impassable, the supervisor thus notified shall be liable for all damages resulting from the unsafe or impassable condition of the road or bridge, after allowing a reasonable time for repairing the same. § 1838. For making such extraordinary repairs, the sumay call out all able pervisor may call out any or all the able bodied men of his precinct in which they are to be made, but not more than two bodied meu. C. 89. L. 91, § 11: Feb. 26. on Obstructions highways to be re days at any one time without their consent, and persons so § 1840. It shall be the duty of the supervisor to keep the roads in as good a condition as the funds and labor at his disposal will permit, and to place guide boards at the forks of the roads in his precinct and wherever it may in his judgment be deemed necessary for the convenience of public travel, and for which guide boards and their erection, he shall pay out of whatever funds belonging to the road in his precinct, which he may have. Penalty for obstructing highways. Id. § 12. Duty of supervisor to keep road in good condition. Id. § 13. may How roads be changed, altered § 1841. All public roads in this territory shall be established, changed, altered or discontinued upon petition to the or discontinued. board of county commissioners. Previous to the presentation of a petition for the above purposes, four weeks' notice thereof must be given, by being posted at the court house door and in three public places in each of the precincts through which it is to pass, and in the neighborhood of the proposed road. § 1842. Such notice must state the beginning and terminus of said road, its general course and direction, as near as possible, and state the time at which application will be made to the board of commissioners for the establishment of said road. If it is proposed to alter, change or discontinue a road, the notice shall state the purpose intended and changes or alterations proposed, as well as carefully describing the road to be changed, altered or discontinued." § 1843. All petitions as herein provided, shall be signed by at least twenty-five freeholders of the county wherein such proposed road is located, and upon the filing of the same with the board of commissioners and security or money given or deposited for the satisfaction of all costs and expenses of viewing and examining the proposed road, to the satisfaction of the board, they shall forthwith appoint a commissioner, being a disinterested freeholder of the county, to view and examine said road, and report thereon with all convenient speed. Said commissioner shall be allowed not to exceed one dollar and a half per day for each day actually and necessarily engaged in examining and viewing the said road, and before entering upon the discharge of his duties, he shall take an oath to faithfully and impartially discharge the duties imposed by said appointment. Id. § 14. What notice must contain. Id § 15. Petition must be signed by at least twenty-five freeholders, with deposit of expenses of exmining proposed road. Id. § 16. |