reglab/housing_qa huggingface dataset:
NM Stat § 4-44-28 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 44 - Salaries and Provisions Applicable to More Than One Office|Section 4-44-28 - [Collection of fees, commissions, mileage and per diem; accounts; payment to county treasurer.]

All county officers shall respectively charge and collect all fees, commissions, mileage and per diem heretofore and now, or which hereafter may be authorized by law to be charged and collected for official services rendered by them, and shall keep an accurate and itemized account thereof, and on or before the tenth day of each month pay the same over to the county treasurer of their respective counties, accompanying each remittance by a verified copy of the itemized account covered thereby, which verified copy shall be retained on file by said treasurer. All such county officers shall in like manner account for and pay over to the county treasurer of their respective counties, all such fees, commissions, mileage and per diem heretofore earned and hereafter collected for official services rendered by them from the respective dates when they qualified as such officers. History: Laws 1915, ch. 12, § 8; C.S. 1929, § 33-3208; 1941 Comp., § 15-4113; 1953 Comp., § 15-43-16. ANNOTATIONSCross references. — For disposition of fees collected by officers of H class counties, see 4-44-15 NMSA 1978. For issuance of receipts for and maintenance of accounts as to moneys paid over by county officers, see 4-44-30 NMSA 1978. For filing with county clerk of monthly statements of public moneys received and disbursed by county and precinct officers, see 10-17-4 NMSA 1978. Section prohibits a county from collecting less than the prescribed fees. To hold otherwise would be to permit the county clerks, if they so desired, to charge nothing for service. The power to charge less than the prescribed fees, or not to charge at all, would be giving a county clerk the power to impair a source of county income. 1955 Op. Att'y Gen. No. 55-6242. Mileage fees collected by sheriffs and deputies. — By law a sheriff and his deputies are required to collect certain fees under 4-41-16 NMSA 1978 from private individuals for performing prescribed services, and in connection with the performance of such duties a mileage fee may be imposed. These mileage fees are required under this section to be deposited into the county treasury. 1963 Op. Att'y Gen. No. 63-111. Fees collected by sheriffs do not accrue to them personally but are deposited with the county treasurer. 1979 Op. Att'y Gen. No. 79-29. Retention of fees by deputy sheriff. — Where a deputy sheriff receives a salary and even though he is appointed constable, he may not retain fees for services performed within his jurisdiction. 1945 Op. Att'y Gen. No. 45-4781. Am. Jur. 2d, A.L.R. and C.J.S. references. — 20 C.J.S. Counties § 134.
NM Stat § 4-44-29 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 44 - Salaries and Provisions Applicable to More Than One Office|Section 4-44-29 - [Fees to be collected in advance.]

Every county officer shall collect every fee as prescribed by law for services performed by him in advance, if the amount of the same can be ascertained, and when any officer shall negligently or willfully fail to collect any such fee, double the amount shall be charged to him on account of his salary. History: Laws 1893, ch. 71, § 25; C.L. 1897, § 866; Code 1915, § 1183; C.S. 1929, § 33-4106; Laws 1939, ch. 132, § 2; 1941 Comp., § 15-4114; 1953 Comp., § 15-43-17. ANNOTATIONSCross references. — For right of sheriff to demand payment of fees in advance, see 4-41-15 NMSA 1978. For provision requiring recording fees to be paid in advance, see 14-8-15 NMSA 1978.
NM Stat § 4-44-30 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 44 - Salaries and Provisions Applicable to More Than One Office|Section 4-44-30 - [County treasurer; receipts; accounts of officers.]

The county treasurer shall issue proper receipts for all monies paid over to him under the requirements of this act, and shall keep an accurate account thereof in proper books of entry to be kept in his office. The official accounts of all county officers shall be subject to inspection and audit, and shall be inspected and audited, by the officer authorized by law to audit the accounts of such officer. History: Laws 1915, ch. 12, § 11; C.S. 1929, § 33-3211; 1941 Comp., § 15-4116; 1953 Comp., § 15-43-19. ANNOTATIONSCompiler's notes. — The phrase "this act" refers to Laws 1915, ch. 12, which is compiled as this section and 4-44-2, 4-44-21, 4-44-28, 4-44-32, 4-44-33 NMSA 1978. Cross references. — For filing by county and precinct officers and audit by board of county commissioners of monthly statements of public moneys received and disbursed, see 10-17-4 NMSA 1978.
NM Stat § 4-44-31 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 44 - Salaries and Provisions Applicable to More Than One Office|Section 4-44-31 - County general fund created.

There is created in each county a county general fund to which the county treasurer shall credit all revenues not otherwise allocated by law. Expenditures from this fund shall be made only in accordance with budgets approved as provided by law. History: 1953 Comp., § 15-43-20, enacted by Laws 1973, ch. 4, § 12. ANNOTATIONSCross references. — For finances of counties, municipalities and school districts, see 6-6-7 NMSA 1978 et seq. Mileage fees collected by sheriffs and deputies. — By law a sheriff and his deputies are required to collect certain fees under 4-41-16 NMSA 1978 from private individuals for performing prescribed services, and in connection with the performance of such duties a mileage fee may be imposed. These mileage fees are required under 4-44-28 NMSA 1978 to be deposited into the county treasury, and pursuant to this section they are credited to the county salary fund (now county general fund). 1963 Op. Att'y Gen. No. 63-111. Am. Jur. 2d, A.L.R. and C.J.S. references. — 56 Am. Jur. 2d Municipal Corporations, Counties, and Other Political Subdivisions § 536.
NM Stat § 4-44-32 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 44 - Salaries and Provisions Applicable to More Than One Office|Section 4-44-32 - [Embezzlement; negligence; perjury; penalties.]

Any county officer who shall willfully fail to account for or pay over as required by law any and all fees, commissions, mileage, per diem or moneys earned by him, which heretofore have, or hereafter may, come into his hands by virtue of his office, shall be deemed guilty of embezzlement, and upon conviction thereof shall be punished by a fine of not more than five thousand dollars [($5,000)], or by imprisonment for not more than five years, or both, and in addition thereto shall be summarily removed from office by the court imposing sentence. And any officer who shall willfully fail or neglect to discharge the duties of his office, upon conviction thereof, shall be punished by a fine of not more than one thousand dollars [($1,000)], or by imprisonment for not more than six months, or both, and in addition thereto shall be summarily removed from office by the court imposing sentence. Any such officer who shall willfully swear falsely as to any itemized account required by this act to be rendered under oath shall be deemed guilty of perjury, and upon conviction thereof shall be punished by imprisonment for not less than two nor more than five years, and shall be summarily removed from office by the court imposing sentence. History: Laws 1915, ch. 12, § 17; C.S. 1929, § 33-3217; Laws 1939, ch. 107, § 1; 1941 Comp., § 15-4124; 1953 Comp., § 15-43-27. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — The phrase "this act" refers to Laws 1915, ch. 12, which is compiled as this section and 4-44-2, 4-44-21, 4-44-28, 4-44-30, 4-44-33 NMSA 1978. Cross references. — For failure, neglect or refusal to perform duties of office as cause for removal of local public officers, see 10-4-2 NMSA 1978. For embezzlement generally, see 30-16-8 NMSA 1978. For perjury generally, see 30-25-1 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 26 Am. Jur. 2d Embezzlement §§ 46 et seq., 66.
NM Stat § 4-44-33 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 44 - Salaries and Provisions Applicable to More Than One Office|Section 4-44-33 - Stationery, postage and office supplies.

The boards of county commissioners shall purchase and provide county officers with all necessary stationery, postage and office supplies, the actual cost thereof to be paid out of the county general fund. History: Laws 1915, ch. 12, § 7; C.S. 1929, § 33-3207; Laws 1939, ch. 97, § 1; 1941 Comp., § 15-4125; 1953 Comp., § 15-43-28; Laws 1973, ch. 4, § 13. ANNOTATIONSCross references. — Fpr furnishing of surveyor's books by board of county commissioners, see 4-42-4 NMSA 1978. For county general fund, see 4-44-31 NMSA 1978.
NM Stat § 4-44-34 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 44 - Salaries and Provisions Applicable to More Than One Office|Section 4-44-34 - Officers to keep office at county seat.

That all county officers of the various counties in New Mexico shall establish and maintain their offices and headquarters for the transaction of the business of their respective offices at the county seat of their respective counties and shall there keep all the books, papers and official records pertaining to their respective offices; provided, that such offices shall be provided for such officers at the expense of the respective counties. History: Laws 1903, ch. 38, § 1; 1907, ch. 87, § 1; Code 1915, § 1129; C.S. 1929, § 33-3401; Laws 1939, ch. 59, § 1; 1941 Comp., § 15-4126; 1953 Comp., § 15-43-29. ANNOTATIONSCross references. — For duty of county officers pertaining to removal of offices to new county seat, see 4-34-4 NMSA 1978. For requirement that county surveyor keep office at county seat, see 4-42-4 NMSA 1978. For requirement that clerk for probate court have office at county seat, see 34-7-4 NMSA 1978. The 1907 amendment of this section did not have the effect of repealing 4-34-4 NMSA 1978 relating to duties of officers on removal to new county seat. Territory ex rel. White v. Riggle, 1911-NMSC-074, 16 N.M. 713, 120 P. 318. When removal of offices and books to new county seat required. — In case of removal to a new county seat, officers are not required to remove offices and books before a courthouse and jail are completed. Territory ex rel. White v. Riggle, 1911-NMSC-074, 16 N.M. 713, 120 P. 318. Courthouse must be built on property within the county seat. 1967 Op. Att'y Gen. No. 67-61. Office hours. — A county commission may set the hours that offices of other elected county officials must stay open. 1990 Op. Att'y Gen. No. 90-05. Am. Jur. 2d, A.L.R. and C.J.S. references. — 20 C.J.S. Counties § 128.
NM Stat § 4-44-35 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 44 - Salaries and Provisions Applicable to More Than One Office|Section 4-44-35 - Deputy county officers; oaths; bonds.

Before assuming the duties of his office, each deputy county officer shall take and subscribe the oath of office prescribed by the constitution for county officers. The board of county commissioners may cause to be bonded the deputy or deputies of the various county officials who are not otherwise required to be bonded. These bonds shall be in amounts fixed by the board of county commissioners in a sum equal to twenty percent of the public money handled during the preceding fiscal year and conditioned for the faithful performance of his duties, but in no event shall the amount be greater than the maximum prescribed by law for the appropriate elected officer. The bonds shall be executed by corporate surety companies authorized to do business in this state and the premiums shall be paid from the county general fund. Deputy county officers may be individually bonded or included within the coverage under any schedule or blanket corporate surety bond procured by the board of county commissioners. History: 1941 Comp., § 15-4127, enacted by Laws 1945, ch. 68, § 1; 1953 Comp., § 15-43-30; Laws 1967, ch. 238, § 7. ANNOTATIONSCross references. — For oath and bond of county officers and deputies generally, see 10-1-13 NMSA 1978. For bonds of county officers, see 10-2-1 NMSA 1978 et seq. The bond provided for under this section should be made to run to the state of New Mexico or the county official, and this section authorizes the payment of the premium for such bond from county funds. 1945 Op. Att'y Gen. No. 45-4743. Payment of premium on bond. — The provisions of this section being mandatory in form, the board of county commissioners cannot refuse to approve payment of the premium on the bond from county funds. 1947 Op. Att'y Gen. No. 47-4975. Liability for acts of deputy treasurer. — No statute requires that deputy treasurers be bonded, and while it is good business for bonding companies liable on a county treasurer's bond, and also good business for the county treasurer to require that deputy treasurers be bonded for their protection, the county should not pay for the premium on such deputy's bond, since the state and county are protected on the treasurer's bond for any defalcation, even by a deputy under Section 6-10-38 NMSA 1978. 1940 Op. Att'y Gen. No. 40-3417.
NM Stat § 4-44-36 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 44 - Salaries and Provisions Applicable to More Than One Office|Section 4-44-36 - Repealed.

History: 1941 Comp., § 15-3535, enacted by Laws 1953, ch. 167, § 1; 1953 Comp., § 15-43-31; Laws 1957, ch. 189, § 10; 1963, ch. 164, § 1; 2011, ch. 56, § 22; repealed by Laws 2019, ch. 212, § 284. ANNOTATIONSRepeals. — Laws 2019, ch. 212, § 284 repealed 4-44-36 NMSA 1978, as enacted by Laws 1953, ch. 167, § 1, relating to abolishment of certain county offices, effective April 3, 2019. For provisions of former section, see the 2018 NMSA 1978 on NMOneSource.com.
NM Stat § 4-44-37 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 44 - Salaries and Provisions Applicable to More Than One Office|Section 4-44-37 - Repealed.

History: 1941 Comp., § 15-3536, enacted by Laws 1953, ch. 167, § 2; 1953 Comp., § 15-43-32; repealed by Laws 2019, ch. 212, § 284. ANNOTATIONSRepeals. — Laws 2019, ch. 212, § 284 repealed 4-44-37 NMSA 1978, as enacted by Laws 1953, ch. 167, § 2, relating to petition for election on question of abolition, effective April 3, 2019. For provisions of former section, see the 2018 NMSA 1978 on NMOneSource.com.
NM Stat § 4-44-38 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 44 - Salaries and Provisions Applicable to More Than One Office|Section 4-44-38 - Repealed.

History: 1941 Comp., § 15-3537, enacted by Laws 1953, ch. 167, § 3; 1953 Comp., § 15-43-33; repealed by Laws 2019, ch. 212, § 284. ANNOTATIONSRepeals. — Laws 2019, ch. 212, § 284 repealed 4-44-38 NMSA 1978, as enacted by Laws 1953, ch. 167, § 3, relating to notice of petition, challenging sufficiency of petition, effective April 3, 2019. For provisions of former section, see the 2018 NMSA 1978 on NMOneSource.com.
NM Stat § 4-44-39 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 44 - Salaries and Provisions Applicable to More Than One Office|Section 4-44-39 - Repealed.

History: 1941 Comp., § 15-3538, enacted by Laws 1953, ch. 167, § 4; 1953 Comp., § 15-43-34; repealed by Laws 2019, ch. 212, § 284. ANNOTATIONSRepeals. — Laws 2019, ch. 212, § 284 repealed 4-44-39 NMSA 1978, as enacted by Laws 1953, ch. 167, § 4, relating to calling of election, notice, effective April 3, 2019. For provisions of former section, see the 2018 NMSA 1978 on NMOneSource.com.
NM Stat § 4-44-40 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 44 - Salaries and Provisions Applicable to More Than One Office|Section 4-44-40 - Repealed.

History: 1941 Comp., § 15-3539, enacted by Laws 1953, ch. 167, § 5; 1953 Comp., § 15-43-35; 2011, ch. 56, § 23; repealed by Laws 2019, ch. 212, § 284. ANNOTATIONSRepeals. — Laws 2019, ch. 212, § 284 repealed 4-44-40 NMSA 1978, as enacted by Laws 1953, ch. 167, § 5, relating to election judges and clerks, form of ballot, effective April 3, 2019. For provisions of former section, see the 2018 NMSA 1978 on NMOneSource.com.
NM Stat § 4-44-41 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 44 - Salaries and Provisions Applicable to More Than One Office|Section 4-44-41 - Repealed.

History: 1941 Comp., § 15-3540, enacted by Laws 1953, ch. 167, § 6; 1953 Comp., § 15-43-36; repealed by Laws 2019, ch. 212, § 284. ANNOTATIONSRepeals. — Laws 2019, ch. 212, § 284 repealed 4-44-41 NMSA 1978, as enacted by Laws 1953, ch. 167, § 6, relating to counting and canvassing of returns, effective April 3, 2019. For provisions of former section, see the 2018 NMSA 1978 on NMOneSource.com.
NM Stat § 4-44-42 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 44 - Salaries and Provisions Applicable to More Than One Office|Section 4-44-42 - Repealed.

History: 1941 Comp., § 15-3541, enacted by Laws 1953, ch. 167, § 7; 1953 Comp., § 15-43-37; repealed by Laws 2019, ch. 212, § 284. ANNOTATIONSRepeals. — Laws 2019, ch. 212, § 284 repealed 4-44-42 NMSA 1978, as enacted by Laws 1953, ch. 167, § 7, relating to recount of votes, effective April 3, 2019. For provisions of former section, see the 2018 NMSA 1978 on NMOneSource.com.
NM Stat § 4-44-43 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 44 - Salaries and Provisions Applicable to More Than One Office|Section 4-44-43 - Repealed.

History: 1941 Comp., § 15-3542, enacted by Laws 1953, ch. 167, § 8; 1953 Comp., § 15-43-38; repealed by Laws 2019, ch. 212, § 284. ANNOTATIONSRepeals. — Laws 2019, ch. 212, § 284 repealed 4-44-43 NMSA 1978, as enacted by Laws 1953, ch. 167, § 8, relating to results of canvass and any recount to be published, effective April 3, 2019. For provisions of former section, see the 2018 NMSA 1978 on NMOneSource.com.
NM Stat § 4-44-44 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 44 - Salaries and Provisions Applicable to More Than One Office|Section 4-44-44 - Repealed.

History: 1941 Comp., § 15-3545, enacted by Laws 1953, ch. 167, § 11; 1953 Comp., § 15-43-41; 2011, ch. 56, § 24; repealed by Laws 2019, ch. 212, § 284. ANNOTATIONSRepeals. — Laws 2019, ch. 212, § 284 repealed 4-44-44 NMSA 1978, as enacted by Laws 1953, ch. 167, § 11, relating to petition for restoration of offices, election, effective April 3, 2019. For provisions of former section, see the 2018 NMSA 1978 on NMOneSource.com.
NM Stat § 4-44-45 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 44 - Salaries and Provisions Applicable to More Than One Office|Section 4-44-45 - Repealed.

History: 1941 Comp., § 15-3546, enacted by Laws 1953, ch. 167, § 12; 1953 Comp., § 15-43-42; Laws 1973, ch. 4, § 14; repealed by Laws 2019, ch. 212, § 284. ANNOTATIONSRepeals. — Laws 2019, ch. 212, § 284 repealed 4-44-45 NMSA 1978, as enacted by Laws 1953, ch. 167, § 12, relating to elections, costs, limitations, effective April 3, 2019. For provisions of former section, see the 2018 NMSA 1978 on NMOneSource.com.
NM Stat § 4-45-2 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 45 - Accounts and Claims Against Counties|Section 4-45-2 - Repealed.

ANNOTATIONSRepeals. — Laws 1980, ch. 96, § 1, repealed 4-45-1 and 4-45-2 NMSA 1978, relating to verification of accounts and claims against counties by an affidavit and the penalty for a commissioner or clerk failing to perform his duty in conjunction therewith.
NM Stat § 4-45-3 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 45 - Accounts and Claims Against Counties|Section 4-45-3 - [Accounts to be itemized; board may disapprove.]

No account shall be approved by the board of county commissioners unless the same shall be made out in separate items, and the nature of each item stated, and where no fees are allowed by law, the time actually and necessarily devoted to the performance of any services, charged in such account so made out shall be verified by affidavit: provided, that nothing in this section shall prevent any board from disapproving any account in whole or in part when so rendered and verified, nor from requiring any other or further evidence of the truth and propriety thereof as they may think proper. History: Laws 1876, ch. 1, § 20; C.L. 1884, § 351; C.L. 1897, § 669; Code 1915, § 1222; C.S. 1929, § 33-4236; 1941 Comp., § 15-4203; 1953 Comp., § 15-44-3. ANNOTATIONSCross references. — For duty of board of county commissioners as to accounts generally, see 4-38-16 NMSA 1978. For approval of unauthorized accounts, see 4-38-29 NMSA 1978. For duties of county clerk as to accounts, see 4-40-4, 4-40-5 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 56 Am. Jur. 2d Municipal Corporations, Counties, and Other Political Subdivisions §§ 678, 679. Amount of damages stated in notice of claim against municipality or county as limiting amount of recovery, 24 A.L.R.3d 965. 20 C.J.S. Counties § 241.
NM Stat § 4-45-4 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 45 - Accounts and Claims Against Counties|Section 4-45-4 - County orders for payment from treasury; form and signature.

County orders shall be signed by the chairman of the board of county commissioners or his designee and attested by the county clerk and shall specify the nature of the claim of service for which they were issued, and the money shall be paid from the county treasury on such orders and not otherwise. Money may be paid from the county treasury by check or warrant. If money is paid by check, the check must be signed by the chairman of the board of county commissioners or his designee and the county treasurer. History: Laws 1876, ch. 1, § 21; C.L. 1884, § 352; C.L. 1897, § 670; Code 1915, § 1223; C.S. 1929, § 33-4237; 1941 Comp., § 15-4204; 1953 Comp., § 15-44-4; Laws 2001, ch. 147, § 2. ANNOTATIONSCross references. — For unauthorized issuance by county commissioners of order for payment of money, see 4-38-29 NMSA 1978. For duties of county clerk as to orders for payment of money, see 4-40-4, 4-40-6 NMSA 1978. The 2001 amendment, effective June 15, 2001, inserted the section heading; inserted "of the board of county commissioners or his designee" and the last two sentences in the section text. Statutory duties of county clerk are ministerial and are intended only to insure the regularity of county fiscal procedures. 1979 Op. Att'y Gen. No. 79-33. County funds may be distributed only on the order of the county commissioners, and may not be granted to the county health department to be distributed by warrants of the county health officer (now district health officer). 1921 Op. Att'y Gen. No. 21-2936.