reglab/housing_qa huggingface dataset:
NM Stat § 4-41-18 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 41 - County Sheriff|Section 4-41-18 - [Fees; service of jury venire.]

The sheriff shall receive ten dollars [($10.00)] for the service of any jury venire, and shall be paid the regular rates of mileage hereinafter provided, for each mile actually and necessarily traveled in serving said jury venire. History: Laws 1895, ch. 35, § 4; C.L. 1897, § 1802; Code 1915, § 1269; C.S. 1929, § 33-4425; 1941 Comp., § 15-3820; 1953 Comp., § 15-40-20. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — The words "hereinafter provided" referred to the first sentence of Laws 1895, ch. 35, § 6, which was superseded by 15-40-21, 1953 Comp. (repealed by Laws 1961, ch. 253, § 9). This section may be superseded in its entirety by later provisions. See compiler's note under 4-41-21 NMSA 1978. See also 4-44-21, 4-44-28, 4-44-29 NMSA 1978. Cross references. — For fee for calling jury generally, see 4-41-16 NMSA 1978. For charge for mileage traveled in providing service of jury venire, see 4-41-19 NMSA 1978. For charge for service of more than one subpoena or summons, see 4-41-21 NMSA 1978.
NM Stat § 4-41-19 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 41 - County Sheriff|Section 4-41-19 - County peace officers and constables; mileage; conditions.

A. Peace officers and constables shall be allowed mileage or the distance actually and necessarily traveled by privately owned conveyance in serving any judicial process. B. In serving any jury venire, a sheriff, deputy sheriff, constables [constable] or other county peace officer shall charge for the actual mileage traveled and necessary in providing service of jury venire. C. If more than one peace officer or constable travels in one privately owned conveyance in the performance of official business, only the officer owning the conveyance used shall be reimbursed. History: 1953 Comp., § 15-40-21.1, enacted by Laws 1961, ch. 253, § 2; 1963, ch. 9, § 1. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For charge for service of more than one subpoena or summons, see 4-41-21 NMSA 1978. For payment of per diem expenses of sheriffs, deputy sheriffs and guards for serving process and other official business, see 4-44-18 NMSA 1978. For collection and disposition of fees, commissions, mileage and per diem, see 4-44-28, 4-44-29 NMSA 1978. Sheriff could not collect from the county service fees and mileage for the service of process issued on behalf of the county or state. State ex rel. Peck v. Velarde, 1935-NMSC-033, 39 N.M. 179, 43 P.2d 377 (decision under former law). The state and its agencies are required to pay the statutory fees for service of process. 1979 Op. Att'y Gen. No. 79-29. Am. Jur. 2d, A.L.R. and C.J.S. references. — 70 Am. Jur. 2d Sheriffs, Police, and Constables § 89. 80 C.J.S. Sheriffs and Constables §§ 498 to 500.
NM Stat § 4-41-20 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 41 - County Sheriff|Section 4-41-20 - Sheriffs, deputy sheriffs and other county peace officers; public transportation; reimbursement.

Whenever a sheriff, deputy sheriff or other county peace officer utilizes public transportation in the performance of any official business within or without the state he shall be reimbursed for the actual cost of the fare and shall not be paid mileage. The mode of public transportation used shall be the most economical possible, considering all the expenses and circumstances. History: 1953 Comp., § 15-40-21.2, enacted by Laws 1961, ch. 253, § 3. ANNOTATIONSCross references. — For payment of per diem expenses of sheriffs, deputy sheriffs and guards for serving process and other official business, see 4-44-18 NMSA 1978. For collection and disposition of fees, commissions, mileage and per diem, see 4-44-28, 4-44-29 NMSA 1978.
NM Stat § 4-41-21 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 41 - County Sheriff|Section 4-41-21 - [More than one subpoena, summons or prisoner; no extra charge.]

It is distinctly provided that when more than one subpoena or summons or service is made or performed upon more than one person in the same town or place, or when more than one prisoner is conducted from one place to another, the sheriff shall not charge more nor receive any mileage in excess of that which he would be entitled to for serving one subpoena in such place, or conducting one prisoner from one place to another: and provided, further, that in service of subpoena or summons in more than one town or place along the same route, the sheriff shall not be entitled to any greater mileage than that of the most distant point actually and necessarily traveled to in the discharge of his duties, with the additional mileage earned in actual and necessary travel from, and in returning to, the place of departure from any general route as aforesaid. History: Laws 1895, ch. 35, § 6; C.L. 1897, § 1804; Code 1915, § 1272; C.S. 1929, § 33-4428; 1941 Comp., § 15-3822; 1953 Comp., § 15-40-22. ANNOTATIONSCompiler's notes. — The 1915 Code compilers deleted provisions at the beginning of this section which provided "mileage at the rate of 12 1/2 cents per mile" for serving process and transporting prisoners and "one dollar per day for feeding prisoners while en route to the penitentiary." Apparently, the omitted provisions were superseded by Laws 1897, ch. 60, § 11(10), compiled as 15-40-21, 1953 Comp. (repealed by Laws 1961, ch. 253, § 9) and Laws 1897, ch. 60, § 12(11), compiled as 15-43-11, 1953 Comp. (repealed by Laws 1961, ch. 253, § 9). See 4-41-19, 4-41-20, 4-44-18 NMSA 1978. See also 4-44-28, 4-44-29 NMSA 1978. Cross references. — For reimbursement of county peace officers and constables for mileage traveled by private conveyances in serving judicial process, see 4-41-19 NMSA 1978. For payment of per diem expenses of sheriffs, deputy sheriffs and guards for serving process and other official business, see 4-44-18 NMSA 1978. For collection and disposition of fees, commission, mileage and per diem, see 4-44-28, 4-44-29 NMSA 1978.
NM Stat § 4-41-22 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 41 - County Sheriff|Section 4-41-22 - [Other fees.]

For all other services and expenses, except those mentioned in this article, the sheriff shall receive the fees and compensation fixed by law for such services and expenses. History: Laws 1895, ch. 35, § 8; C.L. 1897, § 1806; Code 1915, § 1273; C.S. 1929, § 33-4429; 1941 Comp., § 15-3823; 1953 Comp., § 15-40-23. ANNOTATIONSCompiler's notes. — The words "this article" were substituted for the words "this act" by the 1915 compilers and refer to art. 37 of ch. 24 of the 1915 Code. The words "this act" would refer to Laws 1895, ch. 35, which is compiled herein as this section, 4-41-15 to 4-41-18 and 4-41-21 NMSA 1978. Cross references. — For collection and disposition of fees, commissions, mileage and per diem, see 4-44-28, 4-44-29 NMSA 1978.
NM Stat § 4-42-1 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 42 - County Surveyor|Section 4-42-1 - County surveyor.

The elected office of county surveyor is abolished. History: Laws 1891, ch. 33, § 1; C.L. 1897, § 785; Code 1915, § 1287; C.S. 1929, § 33-4901; 1941 Comp., § 15-3901; 1953 Comp., § 15-41-1; Laws 1967, ch. 238, § 4; 2011, ch. 56, § 3. ANNOTATIONSCross references. — For salaries of county surveyors, see 4-44-4 to 4-44-15 NMSA 1978. For oath and bond of county officers, see 10-1-13 NMSA 1978. For adoption of coordinate system, see 47-1-49 NMSA 1978 et seq. For registration of professional land surveyors, see 61-23-5 NMSA 1978 et seq. The 2011 amendment, effective December 31, 2012, abolished the position of county surveyor. Section does not violate N.M. Const., art. VII, § 2, by requiring county surveyors to be practical land surveyors. 1968 Op. Att'y Gen. No. 68-114. Am. Jur. 2d, A.L.R. and C.J.S. references. — Mistake in, or misrepresentation as to accuracy of, survey of real property, surveyor's liability for, 35 A.L.R.3d 504. 80 C.J.S. Counties §§ 177, 272.
NM Stat § 4-42-2 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 42 - County Surveyor|Section 4-42-2 - Repealed.

History: Laws 1891, ch. 33, § 3; C.L. 1897, § 787; Code 1915, § 1289; C.S. 1929, § 33-4903; 1941 Comp., § 15-3903; 1953 Comp., § 15-41-3; repealed by Laws 2011, ch. 56, § 29. ANNOTATIONSRepeals. — Laws 2011, ch. 56, § 29 repealed 4-42-2 NMSA 1978, as enacted by Laws 1891, ch. 33, § 3, relating to injuries by surveyors, effective December 31, 2012. For provisions of former section, see the 2011 NMSA 1978 on NMOneSource.com.
NM Stat § 4-42-3 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 42 - County Surveyor|Section 4-42-3 - Licensed professional surveyor; inquiry as to boundaries; oath to witnesses; report.

When a licensed professional surveyor appointed by the board of county commissioners is called upon to make any survey that is to be used in any court, the surveyor is hereby authorized and required, upon application of either party, to administer an oath or affirmation to any witness who may be brought to prove any corner or line of that survey or any natural or artificial object or mark that may be necessary to identify the same, which testimony shall be reduced to writing and subscribed by the witness and a return made thereof with the return of the surveyor. History: Laws 1891, ch. 33, § 4; C.L. 1897, § 783; Code 1915, § 1290; C.S. 1929, § 33-4904; 1941 Comp., § 15-3904; 1953 Comp., § 15-41-4; 2011, ch. 56, § 4. ANNOTATIONSThe 2011 amendment, effective December 31, 2012, required that licensed professional surveyors be used to make surveys.
NM Stat § 4-42-4 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 42 - County Surveyor|Section 4-42-4 - Licensed professional surveyor; office and records.

A licensed professional surveyor appointed by the board of county commissioners shall keep two books of records that shall be furnished the surveyor by the board of county commissioners for that purpose, which books the surveyor shall transmit to the surveyor's successor in office. One book shall contain the calculations by latitudes and departures of all surveys made by the surveyor or the surveyor's deputies, and each calculation shall have a corresponding number with the plat and field notes to which it refers in the book of records. The other book shall be a book of records and so constituted as to have the left page for diagrams and plats and the right page for notes and remarks, and each diagram and plat shall be numbered progressively. The field notes of the survey so recorded shall contain a full statement of the surveys, with the variations of the magnetic needle, length of lines and location of corners, with description of such corners and description of all witness trees and other marks used as witness marks for such corners, with size, distance and course. History: Laws 1891, ch. 33, § 5; C.L. 1897, § 789; Code 1915, § 1291; C.S. 1929, § 33-4905; 1941 Comp., § 15-3905; 1953 Comp., § 15-41-5; 2011, ch. 56, § 5. ANNOTATIONSCross references. — For furnishing of stationery, postage and office supplies by board of county commissioners generally, see 4-44-33 NMSA 1978. For keeping of offices of county officers at county seat, see 4-44-34 NMSA 1978. For delivery by public officers of law books, records and documents to successors, see 10-17-5 NMSA 1978. The 2011 amendment, effective December 31, 2012, required licensed professional surveyors appointed by a board of county commissioners to keep two books of records. The board of county commissioners may furnish quarters to county surveyor in its discretion if same are available, but the board is under no duty to provide him with telephone or stationery, although his necessary official telephone calls and stationery should be allowed by the board. 1933 Op. Att'y Gen. No. 33-554.
NM Stat § 4-42-5 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 42 - County Surveyor|Section 4-42-5 - Licensed professional surveyor; latitudes and departures; following United States instructions.

All calculations to ascertain the contents of a tract of land by a licensed professional surveyor appointed by the board of county commissioners shall be made by latitudes and departures, and on each plat shall be laid down the variations of the magnetic needle from the true meridian. In reestablishing missing corners, the county surveyor shall establish said corners in strict accordance with the manual of instructions of the United States to the United States deputy surveyors. History: Laws 1891, ch. 33, § 6; C.L. 1897, § 790; Code 1915, § 1292; C.S. 1929, § 33-4906; 1941 Comp., § 15-3906; 1953 Comp., § 15-41-6; 2011, ch. 56, § 6. ANNOTATIONSThe 2011 amendment, effective December 31, 2012, required that licensed professional surveyors perform the work required by this section.
NM Stat § 4-42-6 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 42 - County Surveyor|Section 4-42-6 - Licensed professional surveyor; interference with.

If a licensed professional surveyor appointed by the board of county commissioners shall be molested or prevented from doing or performing any of the surveyor's official duties by means of threats or improper interference of any person, the surveyor shall call on the sheriff or other peace officer of the county, who shall accompany the surveyor and afford the surveyor all necessary protection against any person thus threatening or improperly interfering with the surveyor while performing official duties. The person so offending shall, on conviction thereof before any court of competent jurisdiction, be fined in a sum not less than five dollars ($5.00) nor exceeding one hundred dollars ($100) and be liable for all damages caused to any person by the hindrance of the surveyor and for all the expenses that may accrue in consequence of the attendance of the sheriff or officer and the delay of the surveyor. History: Laws 1891, ch. 33, § 7; C.L. 1897, § 791; Code 1915, § 1293; C.S. 1929, § 33-4907; 1941 Comp., § 15-3907; 1953 Comp., § 15-41-7; 2011, ch. 56, § 7. ANNOTATIONSCross references. — For right of surveyor to enter private lands, see 61-23-30 NMSA 1978. The 2011 amendment, effective December 31, 2012, authorized licensed professional surveyors appointed by boards of county commissioners to call upon local police officers if the surveyor is molested or prevented from performing the surveyor's official duties.
NM Stat § 4-42-7 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 42 - County Surveyor|Section 4-42-7 - Fees; purchase of plats of United States surveys; admissibility of certified copies of surveys as evidence; filing copy of surveys.

The expense of the chain carriers and corner man shall be paid in advance, if required by a licensed professional surveyor appointed by the board of county commissioners or the surveyor's deputy, by the party on whose application the survey may be made, and the money so advanced shall be accounted for by the surveyor, and the amount expended to be taxed on the bill of costs. However, each surveyor may retain the return of any survey made by the surveyor until the surveyor is paid the fee established by law and may collect fees by action. The board of county commissioners of each county in this state, at its discretion, may procure copies, duly certified by the surveyor general to be correct, of the field notes and plats of the original surveys by the United States of the lands of its county, and the board shall bind the plats and field notes each substantially in book form and keep them in the county clerk's office for the benefit of the public. The certificate of the licensed professional surveyor appointed by the board of county commissioners or any of the surveyor's deputies as to the correctness or accuracy of any survey, plat or field notes made by the surveyor or any certified copy of them shall be admitted as legal evidence in any court of the state, but only when the surveyor is dead or when it is impossible to obtain the surveyor's evidence either by the surveyor's personal attendance or by means of a deposition taken according to law. This evidence may be explained or rebutted by other evidence. The licensed professional surveyors appointed by the boards of county commissioners of the different counties of this state may administer all oaths or affirmations necessary to be administered to road viewers and for all other purposes necessary to the discharge of their official duties. A copy of all surveys shall be filed with the county clerk by the surveyor. History: Laws 1891, ch. 33, § 8; C.L. 1897, § 792; Code 1915, § 1294; C.S. 1929, § 33-4908; 1941 Comp., § 15-3908; Laws 1943, ch. 43, § 1; 1953 Comp., § 15-41-8; Laws 1969, ch. 219, § 2; 2011, ch. 56, § 8. ANNOTATIONSCross references. — For authority of surveyor to administer oath or affirmation to witnesses brought to prove surveys for use in court, see 4-42-3 NMSA 1978. For admissibility of survey books in evidence, see 4-42-12 NMSA 1978. For collection and disposition of fees, commissions, mileage and per diem, see 4-44-28, 4-44-29 NMSA 1978. The 2011 amendment, effective December 31, 2012, authorized counties to prepay chain carriers and corner men if required by a licensed professional surveyor appointed by the board of county commissioners; provided for the admission into evidence of certificates of correctness or accuracy of surveys if the surveyor is deceased or unavailable; and authorized licensed professional surveyors appointed by boards of county commissioners to administer oaths or affirmations by road viewers.
NM Stat § 4-42-8 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 42 - County Surveyor|Section 4-42-8 - Survey of lands divided by county line.

Any person owning or claiming lands divided by a county line and wishing to have the lands surveyed may apply to a licensed professional surveyor appointed by the board of county commissioners of any county in which any part of the land is situate, and, on such application being made, the surveyor is authorized to make a survey, which shall be as valid as though the lands were situate entirely in one county. History: Laws 1891, ch. 33, § 9; C.L. 1897, § 793; Code 1915, § 1295; C.S. 1929, § 33-4909; 1941 Comp., § 15-3909; 1953 Comp., § 15-41-9; 2011, ch. 56, § 9. ANNOTATIONSThe 2011 amendment, effective December 31, 2012, authorized licensed professional surveyors appointed by a board of county commissioners to survey land divided by a county line.
NM Stat § 4-42-9 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 42 - County Surveyor|Section 4-42-9 - Establishing county line; joint survey.

Where a boundary line between two counties is to be established, licensed professional surveyors appointed by the board of county commissioners, or their deputies, of the two counties affected by the boundaries shall together make the survey and establish the lines and erect monuments, and all corners set by the surveyors or their deputies shall be made in strict conformity with the manual of instructions of the United States. History: Laws 1891, ch. 33, § 10; C.L. 1897, § 794; Code 1915, § 1296; C.S. 1929, § 33-4910; 1941 Comp., § 15-3910; 1953 Comp., § 15-41-10; 2011, ch. 56, § 10. ANNOTATIONSCross references. — For determination of boundary disputes, see 4-35-1 NMSA 1978 et seq. For county surveys, see 4-42-15 NMSA 1978. The 2011 amendment, effective December 31, 2012, required that licensed professional surveyors survey county boundary lines.
NM Stat § 4-42-10 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 42 - County Surveyor|Section 4-42-10 - Licensed professional surveyor to do all county work.

All county surveying and engineering on roads and bridges shall be performed by a licensed professional surveyor appointed by the board of county commissioners, and the surveyor shall by virtue of the surveyor's office be one of the viewers in the establishing of new roads or the location of bridges. History: Laws 1891, ch. 33, § 11; C.L. 1897, § 795; Code 1915, § 1297; C.S. 1929, § 33-4911; 1941 Comp., § 15-3911; 1953 Comp., § 15-41-11; 2011, ch. 56, § 11. ANNOTATIONSCompiler's notes. — The words "engineering on roads and bridges" are deemed repealed by section 67-4-3 NMSA 1978. The words "and he shall by virtue of his office be one of the viewers in the establishing of new roads or the location of bridges" are deemed superseded by 67-5-9 to 67-5-16 NMSA 1978, which provide for the appointment of viewers to change or establish new roads and for a survey by the county surveyor after they decide that the road should be changed or a new road established. Cross references. — For county surveys, see 4-42-15 NMSA 1978. The 2011 amendment, effective December 31, 2012, required that all county work be performed by licensed professional surveyors. Part of section requiring all engineering on roads and bridges to be performed by county surveyor was impliedly repealed by 67-4-3 NMSA 1978, authorizing board of county commissioners to employ county road superintendent. State ex rel. Bard v. Board of Cnty. Comm'rs, 1935-NMSC-014, 39 N.M. 119, 41 P.2d 1105.
NM Stat § 4-42-11 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 42 - County Surveyor|Section 4-42-11 - Licensed professional surveyor; contracting.

Private individuals may contract for the work of county surveying. History: Laws 1891, ch. 33, § 12; C.L. 1897, § 796; Code 1915, § 1298; C.S. 1929, § 33-4912; 1941 Comp., § 15-3912; 1953 Comp., § 15-41-12; Laws 1981, ch. 14, § 1; 2011, ch. 56, § 12. ANNOTATIONSThe 2011 amendment, effective December 31, 2012, permitted private individuals to perform county surveying.
NM Stat § 4-42-12 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 42 - County Surveyor|Section 4-42-12 - [Survey books; admissibility in evidence.]

All surveys made under and by virtue and in compliance with the provisions of this article [4-42-1 to 4-42-15 NMSA 1978] shall be deemed and taken to be in all counties of this state as prima facie correct, and the survey books in this article provided shall be received in evidence in all courts of this state only when the surveyor may be dead, or when it shall be impossible to obtain his evidence either by his personal attendance or by means of a deposition taken according to law. History: Laws 1891, ch. 33, § 13; C.L. 1897, § 797; Code 1915, § 1299; C.S. 1929, § 33-4913; 1941 Comp., § 15-3913; 1953 Comp., § 15-41-13. ANNOTATIONSCross references. — For admissibility in evidence of certified copies of surveys, see 4-42-7 NMSA 1978.
NM Stat § 4-42-13 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 42 - County Surveyor|Section 4-42-13 - Licensed professional surveyor; numbering surveys; assessment for taxation.

All surveys made by the licensed professional surveyors appointed by the board of county commissioners of the several counties in accordance with Chapter 4, Article 42 NMSA 1978, which are not government subdivisions, shall be numbered with a consecutive series of numbers, commencing with thirty-seven, and it shall be the duty of the assessor in each county to enter for taxation in the assessor's book all lands liable for taxation, referring to them by the proper number as designated by the surveyor in the surveyor's records. History: Laws 1891, ch. 33, § 15; C.L. 1897, § 799; Code 1915, § 1300; C.S. 1929, § 33-4914; 1941 Comp., § 15-3914; 1953 Comp., § 15-41-14; 2011, ch. 56, § 13. ANNOTATIONSCross references. — For county assessor generally, see Chapter 4, Article 39 NMSA 1978. The 2011 amendment, effective December 31, 2012, required that assessment surveys be performed by licensed professional surveyors.