Sec. 13. Sec. 14. County commissioners to determine the advisability of roads. Sec. 15. Sec. 16. County commissioners to declare road a public highway. Notices. Proviso. Sec. 20. The laying out of private wagon road from dwelling to public highway. When fords deemed part of public highway. Penalties for obstruction of fords. Sec. 23. Work on bridges costing over $300 to be let out on contract. Proviso. Sec. 27. Duty of road overseers to keep roads in repair. Proviso. Sec. 29. Sec. 30. Sec 31. Effect of service of notice. Sec. 32. Sec. 33. When employers required to furnish list of employes liable to payment of road tax. Notice to debtor of delinquent tax payer to pay taxes. When debtor liable for costs accruing in garnishment proceedings. Sec. 37. Sec. 38 Sec. 39. Damming of waters causing the overflow of any road prohibited. Penalty. Persons owning or constructing ditches, flumes, etc., across highways, to provide safe ways across highways. Penalties. Use of local material and labor. Action for recovery of fines, etc., incurred under act. Chapter 40, Laws of 1901, regarding public highways, repealed. Act not to conflict with Chapter 7, Laws of 1905. Be it enacted by the Legislative Assembly of the Territory of New Mexico: Section 1. All roads and highways, except private roads, heretofore established in pursuance of any law of the Territory of New Mexico, and roads dedicated to public use, that have not been vacated or abandoned, and such other roads as are now recognized and maintained by the corporate authorities of any county in this ter ritory, are hereby declared to be public highways. Sec. 2. All public highways, except such as are owned and operated by private corporations, and highways within the corporate limits of any incorporated city or town, shall be maintained and kept in repair by the respective counties in which they are located Sec. 3. Whenever, in the opinion of the board of county commissioners of any county, any road or part of road then established and maintained as a public highway, is not needed, or the repairs of the same are burdensome and in excess of the benefits therefrom, they may at a regular meeting appoint a board of commissioners of three freeholders of the county as viewers, to view such road or part of road, and make report thereof to the board of county commissioners at their next regular meeting, setting forth fully their finding, and if they recommend a discontinuance of such road or part of road, then the board of county commissioners may order the same vacated: Provided, That if such road runs on the county line between two counties, the county commissioners of both the counties interested shall appoint viewers, and the concurrence of the county commissioners of both counties shall be necessary to vacate it. Sec. 4. The board of county commissioners may alter, widen or change any established road or lay out any new road in their respective counties, when petitioned by ten free-holders residing within two miles of the road sought to be altered, widened, changed or laid out. Said petition set forth a description of the road sought to be altered, widened or changed and if the petition be for a new road it shall set forth the points where it is to terminate. Sec. 5. The petitioners shall deposit with the probate clerk of the county in which any road is sought to be altered, widened, changed or laid out and established, a sufficient sum of money, which shall be fixed by the board of county commissioners, to defray the expense of viewing the proposed road, which sum shall be paid into the county road fund in case the prayer of the petitioner is refused, but if the board of county commissioners alter, widen, change or lay out such road, then such sum shall be returned to the person or persons depositing the same. The petitioners in lieu of such deposit may file with the probate clerk aforesaid, a good and sufficient bond conditioned for the payment of the expenses of viewing such road should the prayer of the petitioners be refused. Sec. 6. If any proposed highway be on the county line between two counties, the board of county commissioners of each county interested shall be petitioned, and each of such boards shall appoint three viewers, qualified as in other cases, who, or a majority of whom, shall meet at a time and place named by the board of county commissioners first interested and proceed to view and mark out the road, and report to the board of county commissioners of both counties, as in other cases, and the concurrence of the county commissioners of both such counties shall be necessary to establish it. And, if any such road be established, each of such counties shall open and maintain a definite part thereof, which the board of county commissioners of such counties shall apportion by mutual agreement between the two counties, and if the board of county commissioners cannot agree upon their apportionment, they may refer the matter to three disinterested free-holders as arbitrators, whose duty it shall be to apportion the same and report thereon to the boards of county commissioners of both counties. Sec. 7. It shall be the duty of the board of county commissioners of any county in the territory at their next meeting, after a petition as required in section 4, of this act is received, to appoint a board of commissioners of three free-holders of the county to view and mark out the road prayed for in the petition, and to fix a time for such view, and to cause notices to be posted in three of the most public places, along the new proposed road, at least five days previous to the day fixed for the view thereof, giving parties in interest notice that at the time fixed by the board of county commissioners the viewers so appointed will meet at the point designated in the petition as the starting point of such road, to attend to their duties as reviewers. Sec. 8. The probate clerk shall issue a warrant directed to the viewers appointed, setting forth their appointment, and requiring them to meet at the time and place named by the board of county commissioners, and to proceed to view and mark out such road, and to assess the damages and benefits accruing to the owner or owners of any of the lands over which the same may pass, by reason of the alteration, changing, widening or location thereof, and the proper cost of opening such road for travel. Sec. 9. The sheriff of the proper county shall serve the warrant mentioned in the preceding section by delivering a copy to each of the viewers named therein, and the original shall be returned to the county clerk with his endorsement of service made thereon. Any person appointed road viewer and duly served with a warrant, who shall wilfully neglect or refuse to act, shall forfeit the sum of twenty-five dollars ($25) to the county. as Sec. 10. The viewers appointed and served with warrant. herein provided, shall meet at the time and place specified in the warrant, and commence at the place designated in said petition, as the starting point of the road sought to be altered, widened, changed or laid out and established, the said viewers shall proceed to view and mark out the same by setting stakes, blazing trees, turning a furrow or other appropriate monuments to the terminus named in the petition by the most practicable and convenient route that they in their judgment can find. They shall assess the benefits and damages accruing to all persons by reason of the alteration, widening, changing or laying out of such road, and award to any person damages in excess of the benefits accruing to him or them a sum equal to such excess. And if the viewers or a majority of them, be of the opinion that the road should be altered, widened, changed or laid out and established, they shall cause a survey and plat of the same to be made by the county surveyor, or other competent person, giving the courses and distances and specifying the land over which the road extends. Sec. 11. If any viewer duly appointed and served with warrant refuses to act or is disqualified or does not appear, the other two viewers may fill such vacancy, or if but one of the viewers appears who is qualified and consents to act, he shall appoint two others who shall be free-holders to assist him and they shall proceed to view such road. Sec. 12. The viewers shall file a report of the view in the office of the probate clerk and recorder of the county in which such view was made, ten days before the next regular meeting of the board of county commissioners held after the same is completed, which shall be signed by a majority of the viewers and shall contain a full statement of their proceedings, a description of the land over which such road extends, an estimate of the cost of opening it for travel, an assessment of the damages and benefits accruing to any person or persons by reason of the alteration, widening, changing or laying out of such road, and the sum awarded any person or persons for damages in excess of the benefits assessed to him or them, and if such road be practicable, and the establishment of it be recommended by them. To this report the viewers shall annex the plat, survey and report of the surveyor. For their services the viewers shall receive a warrant on the county treasurer for a sum to be fixed by the county commissioners, not exceeding five dollars per day. Sec. 13. The board of county commissioners at their next annual meeting, after the report of such report, shall proceed to consider the same and all objections that there may be made thereto, and they shall determine whether or not such road shall be established and open for travel. And they may refer the matter of viewing to the same or other viewers with instructions to report in like manner, as herein required, or specially upon some particular matter. Sec. 14. If the board of county commissioners determine to open any such road, they shall cause the full and final report of the viewers including the plat and report of the surveyor to be recorded in the office of the probate clerk and recorder, in a book kept for that purpose. Sec. 15. The board of county commissioners having considered the report of any road review, and the compensation to which any person or persons damaged having been ascertained and paid to the owner or owners or into court for him or them, may order the road to be open for travel and declared a public highway. And if they do so, or order, they shall cause notices to be posted at three public places along the line of such road, giving all parties notice that they have or will direct their proper officers to open and work the same from and after sixty days from the date of such notice: Provided, No such road shall be ordered opened through fields of growing crops or along a line where growing crops would thereby be exposed to stock until the owner or owners of such crops shall have sufficient time to harvest and take care of the same. Sec. 16. If the damages assessed to any person or persons by reason of the alteration, widening, changing or laying out of any road, shall exceed the benefits, the excess shall be paid to such person or persons by warrant on the county treasurer for the amount. If any person or persons to whom damages are awarded, be under disability or cannot be found, the same shall be set apart to such person or persons in the county treasury. Sec. 17. If any person or persons be of the opinion that the damages awarded him or them by the viewers are inadequate and insufficient, the board of county commissioners may agree with such person or persons upon the measure of the same, and should they fail to so agree such person or persons may appeal from the decision of the viewers to the district court of the county and evidence shall be taken before the court or a referee as in other cases and the court shall determine the amount of damages and render judgment accordingly. Sec. 18. All public highways hereafter laid out in this territory shall be sixty feet in width unless otherwise ordered by the board of county commissioners. Sec. 19. Whenever a petition shall be presented to the board of county commissioners of any county of this territory praying for a public highway, and the names of all the owners of all the land through which said road is to be laid out, shall be signed by the owners thereof to said petition, giving the right of way through the land, and accompanied by a plat of the road, it shall be the duty of the board of county commissioners, if in their opin |