reglab/housing_qa huggingface dataset:
NM Stat § 10-2-8 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 2 - Bonds|Section 10-2-8 - County and precinct officers; recording and filing bonds.

The bonds of all county officers and constables shall be recorded in the office of the county clerk in a book designated as the record of official bonds. After having been recorded, the bonds shall be filed and kept in the office of the county clerk. History: Laws 1893, ch. 56, § 3; C.L. 1897, § 3189; Code 1915, § 518; C.S. 1929, § 17-114; 1941 Comp., § 10-208; 1953 Comp., § 5-2-8; Laws 1967, ch. 238, § 2. ANNOTATIONSCross references. — For county commissioners, assessor, clerk, sheriff, surveyor, treasurer, probate judge, flood commissioner, and small claims court clerk, see 10-1-13 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 67 C.J.S. Officers and Public Employees § 43.
NM Stat § 10-2-9 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 2 - Bonds|Section 10-2-9 - [Recording as prerequisite to discharging duties of office.]

Each and every person who may hereafter be elected or appointed to office in this state, required by law to give bond, shall file the same for record before entering upon the discharge of the duties of the office. History: Laws 1893, ch. 56, § 5; C.L. 1897, § 3190; Code 1915, § 519; C.S. 1929, § 17-115; 1941 Comp., § 10-209; 1953 Comp., § 5-2-9. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 67 C.J.S. Officers and Public Employees § 43.
NM Stat § 10-2-10 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 2 - Bonds|Section 10-2-10 - [Action on bond; use of certified copy.]

In all actions at law upon the bond of any officer in this state wherein the original bond of such officer cannot be produced in court, the certified copy thereof, under the seal of the officer making the record, shall be received by any court for the same uses and purposes as the original bond; and any judgment rendered and execution issued against the principal and sureties therein shall be as valid and binding and of as full force and effect as if the original bond had been produced in court in said action at law. History: Laws 1893, ch. 56, § 6; C.L. 1897, § 3191; Code 1915, § 520; C.S. 1929, § 17-116; 1941 Comp., § 10-210; 1953 Comp., § 5-2-10. ANNOTATIONSCross references. — For enforcement of collection of bond, see 6-10-38 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — What constitutes action on bond, executed under law of United States, so as to be within Federal District Court's jurisdiction under 28 USCS § 1352, 105 A.L.R. Fed. 716. 67 C.J.S. Officers and Public Employees § 307.
NM Stat § 10-2-11 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 2 - Bonds|Section 10-2-11 - [Recording fees; payment by officer.]

The county clerk of each of the several counties shall be entitled to a fee of two dollars and fifty cents ($2.50) for filing and recording each bond of a county officer, and one dollar [($1.00)] for filing and recording each bond of a precinct officer; the fees for such filing and record to be paid by the officer filing the same, at the time of such filing. History: Laws 1893, ch. 56, § 7; C.L. 1897, § 3192; Code 1915, § 521; C.S. 1929, § 17-117; 1941 Comp., § 10-211; 1953 Comp., § 5-2-11. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — This section has been partly superseded by 14-8-12 NMSA 1978, which requires a fee of $2.50 for the recording of any official bond. Am. Jur. 2d, A.L.R. and C.J.S. references. — 67 C.J.S. Officers and Public Employees § 43.
NM Stat § 10-2-13 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 2 - Bonds|Section 10-2-13 - Short title.

Sections 10-2-13 through 10-2-16 NMSA 1978 may be cited as the "Surety Bond Act". History: 1953 Comp., § 5-2-13, enacted by Laws 1978, ch. 132, § 1. ANNOTATIONSRepeals and reenactments. — Laws 1978, ch. 132, § 1, repealed 5-2-13, 1953 Comp. (former 10-2-13 NMSA 1978), relating to the short title, and enacted the above section. Requiring excess bonds. — The state board of education may not, pursuant to the terms of Section 22-2-7 NMSA 1978, require that the state superintendent of public instruction and designated employees of the state department of education obtain bonds in excess of those obtained pursuant to this act. 1987 Op. Att'y Gen. 87-42.
NM Stat § 10-2-14 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 2 - Bonds|Section 10-2-14 - Definitions.

As used in the Surety Bond Act [10-2-13 to 10-2-16 NMSA 1978]: A. "department" means the general services department; B. "director" means the director of the risk management division of the department; C. "employee" means any officer or employee of the state, including elected or appointed officials and persons acting on behalf or in service of a state agency in any official capacity whether with or without compensation, but the term does not include an independent contractor; D. "secretary" means the secretary of general services; E. "state agency" means the state or any of its branches, agencies, departments, boards, instrumentalities or institutions; F. "surety bond coverage" means: (1) a schedule or blanket corporate surety bond payable to the state and conditioned on the faithful performance of the duties of each employee during his employment or term of office or until his successor is elected or appointed and is qualified and on a proper accounting for all money and property in his official capacity as a state employee; or (2) a certificate of surety bond coverage issued by the director covering all or any part of the risk set forth in Paragraph (1) of this subsection; and G. "covered educational entity" means a school district as defined in Section 22-1-2 NMSA 1978 or an educational institution established pursuant to Chapter 21, Article 13, 16 or 17 [repealed] NMSA 1978 which requests and is granted surety bond coverage from the risk management division of the general services department, if the coverage is commercially unavailable; except that coverage shall be provided to a school district only through the public school group insurance authority or its successor unless the district has been granted a waiver by the authority or the authority is not offering the coverage for the fiscal year for which the division offers its coverage. A local school district to which the division may provide coverage may provide for marketing and servicing to be done by licensed insurance agents who shall receive reasonable compensation for their services. History: 1953 Comp., § 5-2-14, enacted by Laws 1978, ch. 132, § 2; 1984, ch. 49, § 1; 1986, ch. 102, § 1. ANNOTATIONSRepeals and reenactments. — Laws 1978, ch. 132, § 2, repealed 5-2-14, 1953 Comp. (former 10-2-14 NMSA 1978), relating to definitions used in the Surety Bond Act, and enacted a new 10-2-14 NMSA 1978. Compiler's notes. — Chapter 21, Article 17 NMSA 1978, referenced in Subsection G, was repealed by Laws 1999, ch. 219, effective July 1, 1999.
NM Stat § 10-2-15 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 2 - Bonds|Section 10-2-15 - Surety bond coverage.

A. The department shall provide surety bond coverage for all employees. Whenever an employee is required by another law to post bond or surety as a prerequisite to entering employment or assuming office, the requirement is met when coverage is provided for the office or position under the provisions of the Surety Bond Act [10-2-13 to 10-2-16 NMSA 1978]. Notwithstanding any other provisions of law, no state agency or employee shall purchase any employee surety bond other than pursuant to the provisions of the Surety Bond Act. B. The secretary shall prescribe the amount of surety bond coverage by class of employee. C. All or any part of the amount of surety bond coverage prescribed by the secretary may be covered by a schedule or blanket corporate surety bond. D. The department may provide coverage for employees of covered educational entities through insurance, self-insurance or a combination thereof. History: 1953 Comp., § 5-2-15, enacted by Laws 1978, ch. 132, § 3; 1986, ch. 102, § 2. ANNOTATIONSRepeals and reenactments. — Laws 1978, ch. 132, § 3, repealed 5-2-15, 1953 Comp. (former 10-2-15 NMSA 1978), relating to surety bonds required, and enacted a new 10-2-15 NMSA 1978. Intent to cover all state officers and employees. — This section, by its language, "Notwithstanding any other provision of law," evidences legislative intent that the Surety Bond Act controls surety bond coverage of all state officers and employees. 1987 Op. Att'y Gen. No. 87-42. Am. Jur. 2d, A.L.R. and C.J.S. references. — 67 C.J.S. Officers and Public Employees § 43.
NM Stat § 10-2-17 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 2 - Bonds|Section 10-2-17 - Repealed.

ANNOTATIONSRepeals. — Laws 1978, ch. 132, § 6, repealed 5-2-17, 1953 Comp. (10-2-17 NMSA 1978), relating to bonds required under other laws, effective March 6, 1978.
NM Stat § 10-3-2 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 3 - Vacancies in Local Offices|Section 10-3-2 - Recompiled.

ANNOTATIONSRecompilations. — Laws 1993, ch. 226, § 53A recompiled 10-3-2 NMSA 1978, as amended by Laws 1979, ch. 335, § 2, relating to vacancies on local school boards, as 22-5-12 NMSA 1978, effective July 1, 1993.
NM Stat § 10-4-3 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 4 - Removal of Local Officers|Section 10-4-3 - [Grand jury accusation.]

An accusation in writing against any officer belonging to the class of officers mentioned in Section 10-4-1 NMSA 1978, charging any of the matters mentioned in this chapter as sufficient ground for removal, may be presented by the grand jury to the district court of the county in or for which the officer accused is elected. History: Laws 1909, ch. 36, § 4; Code 1914, § 3957; C.S. 1929, § 96-108; 1941 Comp., § 10-305; 1953 Comp., § 5-3-5. ANNOTATIONSCompiler's notes. — The 1915 Code compilers replaced "chapter 36 of the Session Laws of 1909," compiled as 10-3-1, 10-4-1 to 10-4-29 NMSA 1978, with "this chapter," referring to Chapter 80 of the 1915 Code, §§ 3950 to 3985, compiled as 10-1-2 to 10-1-4, 10-3-1, 10-4-1 to 10-4-29 and 10-17-5 NMSA 1978. When order to show cause necessary. — A citation or order to an officer to show cause why he should not be suspended from office until final determination of removal proceeding is necessary before the court has power to proceed to hear the matter of suspension. State ex rel. Delgado v. Leahy, 1924-NMSC-077, 30 N.M. 221, 231 P. 197. Am. Jur. 2d, A.L.R. and C.J.S. references. — 20 C.J.S. Counties § 106; 62 C.J.S. Municipal Corporations § 510.
NM Stat § 10-4-4 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 4 - Removal of Local Officers|Section 10-4-4 - [Form of accusation.]

The accusation must state the offense charged in ordinary and concise language without repetition and in such manner as to enable a person of common understanding to know what is intended. History: Laws 1909, ch. 36, § 5; Code 1915, § 3958; C.S. 1929, § 96-109; 1941 Comp., § 10-306; 1953 Comp., § 5-3-6. ANNOTATIONSStrict formality inapplicable. — Strict formality customarily required in the case of indictments or informations does not apply to accusation under this section. State ex rel. Mansker v. Leib, 20 N.M. 619, 151 P. 766 (1915). Am. Jur. 2d, A.L.R. and C.J.S. references. — Divorce and separation: goodwill in medical or dental practice as property subject to distribution on dissolution of marriage, 76 A.L.R.4th 1025. 20 C.J.S. Counties § 106; 62 C.J.S. Municipal Corporations § 514.
NM Stat § 10-4-5 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 4 - Removal of Local Officers|Section 10-4-5 - [Presentment of grand jury accusation; service on defendant; return day.]

The accusation must be presented in open court, and the judge, after receiving the same, must forthwith cause it to be transmitted to the district attorney who must cause a copy thereof to be served upon the defendant and require by written notice that such defendant appear before the district court at a date to be named in the notice, which shall be not less than five nor more than ten days after service of a copy of such notice, and answer the accusation. History: Laws 1909, ch. 36, § 6; Code 1915, § 3959; C.S. 1929, § 96-110; 1941 Comp., § 10-307; 1953 Comp., § 5-3-7. ANNOTATIONSCross references. — For procedure for suspension from office, see 10-4-20 NMSA 1978. For process, see Rule 1-004 NMRA. For service, see Rule 1-005 NMRA. Citation or order to show cause necessary. — A citation or order to an officer to show cause why he should not be suspended from office until final determination of a removal proceeding is necessary before the court has power to proceed to hear the matter of suspension. State ex rel. Delgado v. Leahy, 1924-NMSC-077, 30 N.M. 221, 231 P. 197. Substitute service. — In proceedings for the suspension and removal of county commissioner, service may be had in the absence of the accused, by delivering copy of citation to a person over 15 years of age, residing at his usual place of abode. State ex rel. Leyba v. District Court of the Fourth Judicial Dist., 1928-NMSC-051, 33 N.M. 527, 270 P. 797. Am. Jur. 2d, A.L.R. and C.J.S. references. — 20 C.J.S. Counties § 106; 62 C.J.S. Municipal Corporations § 513.
NM Stat § 10-4-6 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 4 - Removal of Local Officers|Section 10-4-6 - [Defendant's appearance or default.]

The defendant must appear at the time appointed in the notice and answer the accusation unless for sufficient cause the court has assigned another date for that purpose. If he does not appear, the court may proceed to hear and determine the accusation in his absence. History: Laws 1909, ch. 36, § 7; Code 1915, § 3960; C.S. 1929, § 96-111; 1941 Comp., § 10-308; 1953 Comp., § 5-3-8. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 67 C.J.S. Officers and Public Employees §§ 175, 176.
NM Stat § 10-4-7 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 4 - Removal of Local Officers|Section 10-4-7 - [Defendant's answer; grounds.]

The defendant may answer the accusation either by objecting to the sufficiency thereof, or any portion thereof, or by denying the truth of the same. History: Laws 1909, ch. 36, § 8; Code 1915, § 3961; C.S. 1929, § 96-112; 1941 Comp., § 10-309; 1953 Comp., § 5-3-9. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 67 C.J.S. Officers and Public Employees §§ 176, 177.
NM Stat § 10-4-8 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 4 - Removal of Local Officers|Section 10-4-8 - [Objection for insufficiency; form immaterial.]

If he objects to the legal sufficiency of the accusation, the objection must be in writing, but need not be in any specific form, it being sufficient if it represents intelligibly the ground of the objection. History: Laws 1909, ch. 36, § 9; Code 1915, § 3962; C.S. 1929, § 96-113; 1941 Comp., § 10-310; 1953 Comp., § 5-3-10. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 67 C.J.S. Officers and Public Employees § 177.
NM Stat § 10-4-9 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 4 - Removal of Local Officers|Section 10-4-9 - [Criminal procedure made applicable.]

All matters of procedure not otherwise provided for in this chapter shall be governed by the laws governing criminal procedure. History: Laws 1909, ch. 36, § 10; Code 1915, § 3963; C.S. 1929, § 96-114; 1941 Comp., § 10-311; 1953 Comp., § 5-3-11. ANNOTATIONSCompiler's notes. — The 1915 Code compilers replaced "chapter 36 of the Session Laws of 1909," compiled as 10-3-1, 10-4-1 to 10-4-29 NMSA 1978, with "this chapter," referring to Chapter 80 of the 1915 Code, §§ 3950 to 3985, compiled as 10-1-2 to 10-1-4, 10-3-1, 10-4-1 to 10-4-29 and 10-17-5 NMSA 1978. Removal action is civil proceeding. — An action for the removal of an officer from office under the provisions of this act is a civil and not a criminal proceeding. State ex rel. Mitchell v. Medler, 1913-NMSC-025, 17 N.M. 644, 131 P. 976. Am. Jur. 2d, A.L.R. and C.J.S. references. — Injunction as remedy against removal, 34 A.L.R.2d 554. 67 C.J.S. Officers and Public Employees § 176.
NM Stat § 10-4-10 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 4 - Removal of Local Officers|Section 10-4-10 - [Guilty plea; judgment; denial or refusal to plead; trial.]

If the defendant pleads guilty, the court must render judgment of conviction against him. If he denied the matters charged or refuses to answer the accusation, the court must immediately, or at such time as it may appoint, proceed to try the accusation. History: Laws 1909, ch. 36, § 11; Code 1915, § 3964; C.S. 1929, § 96-115; 1941 Comp., § 10-312; 1953 Comp., § 5-3-12. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 67 C.J.S. Officers and Public Employees § 177.
NM Stat § 10-4-11 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 4 - Removal of Local Officers|Section 10-4-11 - [Precedence in trial.]

As soon as the case is at issue, it must be immediately set down for trial and shall have precedence over all other cases on the docket. History: Laws 1909, ch. 36, § 12; Code 1915, § 3965; C.S. 1929, § 96-116; 1941 Comp., § 10-313; 1953 Comp., § 5-3-13. ANNOTATIONSPreemption not absolute. — These provisions are not absolutely peremptory, but secure to the public and the defendant a preference of right of trial over other cases. State ex rel. Mitchell v. Medler, 1913-NMSC-025, 17 N.M. 644, 131 P. 976. Am. Jur. 2d, A.L.R. and C.J.S. references. — 67 C.J.S. Officers and Public Employees § 177.
NM Stat § 10-4-12 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 4 - Removal of Local Officers|Section 10-4-12 - [Jury trial required; procedure.]

The trial must be by jury and conducted in all respects in the same manner as a trial on an information or indictment for a misdemeanor. History: Laws 1909, ch. 36, § 13; Code 1915, § 3966; C.S. 1929, § 96-117; 1941 Comp., § 10-314; 1953 Comp., § 5-3-14. ANNOTATIONSGenerally. — The provision of this section as to the conduct of the trial was designed to throw around the defendant the same safeguards with which the law clothes a defendant in a criminal action. State ex rel. Mansker v. Leib, 20 N.M. 619, 151 P. 766 (1915); State ex rel. Mitchell v. Medler, 1913-NMSC-025, 17 N.M. 644, 131 P. 976. Citation or order to show cause necessary. — A citation or order to show cause is necessary before the court has the power to proceed to hear the matter. State ex rel. Delgado v. Leahy, 1924-NMSC-077, 30 N.M. 221, 231 P. 197. Am. Jur. 2d, A.L.R. and C.J.S. references. — 67 C.J.S. Officers and Public Employees § 177.
NM Stat § 10-4-13 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 4 - Removal of Local Officers|Section 10-4-13 - [Verdict; form.]

The form of verdict of the jury in such cases shall be "guilty" or "not guilty". History: Laws 1909, ch. 36, § 14; Code 1915, § 3967; C.S. 1929, § 96-118; 1941 Comp., § 10-315; 1953 Comp., § 5-3-15. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 20 C.J.S. Counties § 106; 62 C.J.S. Municipal Corporations § 515.
NM Stat § 10-4-14 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 4 - Removal of Local Officers|Section 10-4-14 - [Judgment of removal; entry.]

Upon a conviction the court must pronounce judgment that the defendant be removed from office; and the judgment must be entered upon the minutes assigning therein the causes of removal. History: Laws 1909, ch. 36, § 15; Code 1915, § 3968; C.S. 1929, § 96-119; 1941 Comp., § 10-316; 1953 Comp., § 5-3-16. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 20 C.J.S. Counties § 106; 62 C.J.S. Municipal Corporations § 515.
NM Stat § 10-4-15 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 4 - Removal of Local Officers|Section 10-4-15 - [Attendance of witnesses.]

The district attorney and the defendant are respectively entitled to such process as may be necessary to enforce the attendance of witnesses as upon a trial of an information or indictment. History: Laws 1909, ch. 36, § 16; Code 1915, § 3969; C.S. 1929, § 96-120; 1941 Comp., § 10-317; 1953 Comp., § 5-3-17. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 67 C.J.S. Officers and Public Employees § 176.
NM Stat § 10-4-16 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 4 - Removal of Local Officers|Section 10-4-16 - [Appeal; suspension pending reversal; filling vacancy.]

From a judgment of removal, appeal may be taken to the supreme court in the same manner as from a judgment in a civil action, but until such judgment is reversed, the defendant is suspended from his office, and pending the appeal, the office must be filled as in case of vacancy. History: Laws 1909, ch. 36, § 17; Code 1915, § 3970; C.S. 1929, § 96-121; 1941 Comp., § 10-318; 1953 Comp., § 5-3-18. ANNOTATIONSRemoval and suspension proceedings separate and distinct. — A proceeding for suspension and one for removal are separate and distinct, and each requires its own citation as a basis for jurisdiction, although the former is auxiliary to the latter. State ex rel. Delgado v. Leahy, 1924-NMSC-077, 30 N.M. 221, 231 P. 197. Am. Jur. 2d, A.L.R. and C.J.S. references. — 20 C.J.S. Counties § 106; 62 C.J.S. Municipal Corporations § 517.
NM Stat § 10-4-17 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 4 - Removal of Local Officers|Section 10-4-17 - [Presentment of accusation by district attorney; vacation; no grand jury in county.]

The accusation provided for in this chapter may be presented by the district attorney to the judge in vacation or term time at any time when, under the provisions of law there will be no grand jury in the county where the same is presented, for a period of at least twenty days after the presentment of such accusation. History: Laws 1909, ch. 36, § 18; Code 1915, § 3971; C.S. 1929, § 96-122; 1941 Comp., § 10-319; 1953 Comp., § 5-3-19. ANNOTATIONSCompiler's notes. — The 1915 Code compilers replaced "chapter 36 of the Session Laws of 1909," compiled as 10-3-1, 10-4-1 to 10-4-29 NMSA 1978, with "this chapter," referring to Chapter 80 of the 1915 Code, §§ 3950 to 3985, compiled as 10-1-2 to 10-1-4, 10-3-1, 10-4-1 to 10-4-29 and 10-17-5 NMSA 1978. Cross references. — For grand jury accusation, see 10-4-3 NMSA 1978. Jurisdiction of district attorney limited. — The jurisdiction of the district attorney to present the accusation provided for is limited by this section. State v. Awalt, 1916-NMSC-020, 21 N.M. 510, 156 P. 407. Am. Jur. 2d, A.L.R. and C.J.S. references. — 20 C.J.S. Counties § 106; 62 C.J.S. Municipal Corporations § 514.