reglab/housing_qa huggingface dataset:
NM Stat § 4-40-6 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 40 - County Clerk|Section 4-40-6 - [Duties as to orders for money.]

Such clerk shall not sign or issue any county order unless ordered by the board of commissioners authorizing the same; and every such order shall be numbered, and the date, amount and number of the same and the name of the person to whom it is issued shall be entered in a book kept by him in his office for that purpose. History: Laws 1876, ch. 1, § 31; C.L. 1884, § 362; C.L. 1897, § 681; Code 1915, § 1238; C.S. 1929, § 33-4304; 1941 Comp., § 15-3707; 1953 Comp., § 15-39-7. ANNOTATIONSCross references. — For attestation of county orders by clerk, see 4-45-4 NMSA 1978. Ministerial duties. — 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.
NM Stat § 4-40-7 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 40 - County Clerk|Section 4-40-7 - [Newspaper subscriptions.]

The county clerks of the several counties of this state are hereby authorized and required to subscribe for such, one copy each of newspapers as are printed and published in their respective counties. History: Laws 1889, ch. 49, § 1; C.L. 1897, § 768; Code 1915, § 1241; C.S. 1929, § 33-4307; 1941 Comp., § 15-3708; 1953 Comp., § 15-39-8. ANNOTATIONSSection imposes duty to subscribe to newspapers upon the county clerk only when such newspaper or newspapers are printed and published in the county. 1957 Op. Att'y Gen. No. 57-192. Microfilming. — Newspapers maintained by county clerks may be microfilmed, so long as the microfilm is accessible to the public. 1979 Op. Att'y Gen. No. 79-16.
NM Stat § 4-40-8 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 40 - County Clerk|Section 4-40-8 - To keep file of newspapers.

It shall be the duty of each county clerk to receive and preserve every copy of the paper or papers so subscribed for and from time to time cause the same to be properly arranged and bound in volumes of convenient size and in a substantial manner, and said volumes, when bound, shall be kept in his office for the use of the courts, when needed, of strangers and the inhabitants of the county all of whom shall have access to the same at all times during office hours, free of charge. Provided, that in order to more permanently preserve and to make easily accessible valuable historical source material of state and local history, county clerks may upon the approval of the county commissioners make indefinite loans of the files of newspapers not in current demand, to libraries of state educational institutions, or to public libraries situated within the county. For his services in this behalf the county clerk shall receive the sum of ten dollars [($10.00)] for each volume, and for the neglect of the duties hereby imposed shall forfeit the sum of fifty dollars [($50.00)], to be recovered with costs in a civil action before any court. History: Laws 1889, ch. 49, § 2; C.L. 1897, § 769; Code 1915, § 1242; C.S. 1929, § 33-4308; Laws 1941, ch. 132, § 1; 1941 Comp., § 15-3709; 1953 Comp., § 15-39-9. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. The $10.00 fee provision of this section is unconstitutional as it is clearly in conflict with N.M. Const. art X, § 1, but other provisions of the section are fully effective. 1942 Op. Att'y Gen. No. 42-4199. Newspapers maintained by county clerks may be microfilmed, so long as the microfilm is accessible to the public. 1979 Op. Att'y Gen. No. 79-16. Microfilmed originals may be destroyed. — If microfilmed and certified pursuant to 14-3-15 NMSA 1978, originals of records, including newspapers kept by county clerks, may be destroyed without any action on the part of the records administrator. 1979 Op. Att'y Gen. No. 79-16.
NM Stat § 4-40-9 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 40 - County Clerk|Section 4-40-9 - [Newspapers; payment of expenses.]

The subscription price of such paper or papers, and the binding of the several volumes thereof, shall be paid out of the general fund of the county in the same manner as other charges are audited and allowed from such fund by the respective boards of county commissioners. History: Laws 1889, ch. 49, § 3; C.L. 1897, § 770; Code 1915, § 1243; C.S. 1929, § 33-4309; 1941 Comp., § 15-3710; 1953 Comp., § 15-39-10. ANNOTATIONSCross references. — For duties of clerk pertaining to subscription to and preservation of newspapers, see 4-40-7, 4-40-8 NMSA 1978.
NM Stat § 4-40-10 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 40 - County Clerk|Section 4-40-10 - [Newspapers; abstraction, mutilation or destruction; penalty.]

Any person who shall willfully abstract, destroy, mutilate or deface any number or volume of such newspapers purchased in pursuance of Sections 4-40-7 and 4-40-8 NMSA 1978, shall be deemed guilty of a misdemeanor, and shall be fined in a sum not exceeding five hundred dollars [($500)], or imprisonment [imprisoned] in the county jail not more than six months, or [punished] both by such fine and imprisonment in the discretion of the court. History: Laws 1889, ch. 49, § 4; C.L. 1897, § 771; Code 1915, § 1244; C.S. 1929, § 33-4310; 1941 Comp., § 15-3711; 1953 Comp., § 15-39-11. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 4-41-1 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 41 - County Sheriff|Section 4-41-1 - Repealed.

ANNOTATIONSRepeals. — Laws 1993, ch. 119, § 2 repealed 4-41-1 NMSA 1978, as enacted by Laws 1851-1852, p. 198, providing for the election of a county probate judge and sheriff, effective June 18, 1993. For provisions of former section, see the 1992 NMSA 1978 on NMOneSource.com. For present comparable provisions, see 4-38-6 NMSA 1978.
NM Stat § 4-41-3 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 41 - County Sheriff|Section 4-41-3 - [Failure to execute bond and oath; performing duties; penalty.]

Any person who shall enter upon or attempt to execute any official duty as sheriff or as ex-officio collector, without having first executed and filed his official bond and oath of office as above required, shall be deemed guilty of a misdemeanor, and upon conviction in the district court, shall be fined in any sum not exceeding three hundred dollars [($300)], in the discretion of the court. History: Laws 1876, ch. 16, § 5; C.L. 1884, § 386; C.L. 1897, § 724; Code 1915, § 1250; C.S. 1929, § 33-4406; 1941 Comp., § 15-3806; 1953 Comp., § 15-40-6. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — The words "or as ex-officio collector" appear to be obsolete in view of 4-43-3 NMSA 1978. Cross references. — For oath required of officers, see N.M. Const., art. XX, § 1. For oath and bond of county officers, see 10-1-13 NMSA 1978. For bonds of public officers, see 10-2-1 NMSA 1978 et seq.
NM Stat § 4-41-4 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 41 - County Sheriff|Section 4-41-4 - [Exercising powers after removal; penalty.]

If any such sheriff, after being removed as provided by law, shall attempt to exercise any of the rights or powers of said office, or shall fail or refuse to turn over the office to the person appointed to succeed him, he shall be deemed guilty of a misdemeanor, and upon conviction thereof in the district court, shall be punished by a fine not exceeding three hundred dollars [($300)], or by imprisonment not exceeding three months, in the discretion of the court before which the cause may be tried. History: Laws 1876, ch. 16, § 9; C.L. 1884, § 390; C.L. 1897, § 727; Code 1915, § 1252; C.S. 1929, § 33-4408; 1941 Comp., § 15-3808; 1953 Comp., § 15-40-8. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For removal of local public officers, see 10-4-1 NMSA 1978 et seq.
NM Stat § 4-41-6 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 41 - County Sheriff|Section 4-41-6 - Counties authorized to establish merit systems for deputies and personnel in the county sheriff's office.

Each county is authorized and empowered to establish by ordinance a merit system for the hiring, promotion, discharge and general regulation of the deputies and the employees of the county sheriff's office. The ordinance may, in the discretion of the board of county commissioners, provide for the classification of deputies and other employees and their probationary periods, service ratings, pay scales and ranges, the number of hours of work per week and the methods of employment, promotion, demotion and discharge of such deputies and employees within the limits provided by law. History: 1953 Comp., § 15-40-9.1, enacted by Laws 1975, ch. 11, § 1. ANNOTATIONSCross references. — For effect of merit system upon demotion and discharge of deputies, see 4-41-5 NMSA 1978. Deputies' exercise of rights not valid reason for discharge. — The fact that this section allows the sheriff to exercise a broad discretion in discharging deputies does not and cannot justify his invasion of constitutional rights by firing deputies for exercising these rights. Francia v. White, 594 F.2d 778 (10th Cir. 1979).
NM Stat § 4-41-7 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 41 - County Sheriff|Section 4-41-7 - Provisions of merit system constitute part of employment contract.

In all cases of employment by county sheriffs of deputies, clerks and other personnel to positions covered by the merit system subsequent to the passage of an ordinance establishing a merit system, the contract of employment between the deputy or employee and the sheriff shall be considered to contain the provisions of the ordinance and all regulations issued pursuant thereto. The provisions of an ordinance and all regulations issued pursuant thereto shall become part of the contract of employment between the sheriff and all employees of the sheriff's office in positions covered by the merit system when the employment relationship exists at the time of the passage of the ordinance, unless the employee files with the county clerk, within ten days of the passage of the ordinance, a declaration stating that the employee does not desire to have the provisions of the ordinance, together with the regulations issued pursuant thereto, included as a part of his contract of employment. History: 1953 Comp., § 15-40-9.2, enacted by Laws 1975, ch. 11, § 2. ANNOTATIONSCross references. — For effect of merit system upon demotion and discharge of deputies, see 4-41-5 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — Sexual misconduct or irregularity as amounting to "conduct unbecoming an officer," justifying officer's demotion or removal or suspension from duty, 9 A.L.R.4th 614.
NM Stat § 4-41-8 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 41 - County Sheriff|Section 4-41-8 - [Deputy sheriff; qualifications; character; revocation of commission.]

No person who may be under indictment or may be generally known as a notorious bad character, or as a disturber of the peace shall be eligible to serve as a deputy sheriff, and sheriffs are hereby prohibited from issuing commissions to such persons as deputy sheriffs, and it is hereby made the duty of the judge of the district court upon complaint being made that the provisions of this section have been violated to investigate the same, and if found to be true, such judge of the district court is hereby given authority to revoke any such commission given by any sheriff contrary to the provisions of this section. History: Laws 1905, ch. 120, § 1; Code 1915, § 1257; C.S. 1929, § 33-4413; 1941 Comp., § 15-3810; 1953 Comp., § 15-40-10. ANNOTATIONSCross references. — For additional qualifications pertaining to deputy sheriffs, see 4-41-10 NMSA 1978. For applicability of the Criminal Offender Employment Act to law enforcement agencies, see 28-2-5 NMSA 1978. Special deputy. — Sheriff can commission as special deputy sheriff a full-time law enforcement officer employed by a municipality, the Navajo tribe or the federal government. The applicants, of course, would have to secure the appointment from the sheriff of the county in which they wish to act and qualify in accordance with this section, 29-1-9 and 4-41-10 NMSA 1978, and any other statutes of the state of New Mexico pertaining to the qualification of deputy sheriffs. 1957 Op. Att'y Gen. No. 57-83. Am. Jur. 2d, A.L.R. and C.J.S. references. — 70 Am. Jur. 2d Sheriffs, Police, and Constables § 10. 80 C.J.S. Sheriffs and Constables § 37.
NM Stat § 4-41-10.1 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 41 - County Sheriff|Section 4-41-10.1 - [Right to carry concealed arms.]

Notwithstanding anything contained herein to the contrary, only fully certified sheriffs and full-time certified deputy sheriffs shall be allowed to carry concealed arms. History: Laws 1983, ch. 182, § 2.
NM Stat § 4-41-11 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 41 - County Sheriff|Section 4-41-11 - [Injuries to sheriff or deputy while making arrest; medical expenses; limitation.]

Whenever any sheriff or deputy sheriff has been or may be hereafter wounded or injured while in pursuit of or attempting to arrest any person accused of any crime in this state, and shall make affidavit fully setting forth the facts of his said wounding or injury, and shall also make affidavit that he is a poor person and that he is unable to pay for proper medical or surgical attention, or that his family is unable to do so for him or furnish support for himself or family, and said affidavit shall be supported by the affidavit of two disinterested freeholders of the county, not more than one of whom shall be from the same precinct, then upon the presenting of said affidavits to the board of county commissioners of the county wherein said sheriff or deputy sheriff was an officer at the time of his said injury or wounding, they may allow from the county treasury a sum of money, which to them shall seem reasonable, to be used for the benefit of said wounded or injured officer for medical or surgical attention or for the removal of said officer to some hospital or for the immediate relief of his family: provided, that no such sum or sums of money shall altogether exceed five hundred dollars [($500)]. History: Laws 1889, ch. 104, § 1; C.L. 1897, § 742; Code 1915, § 1261; C.S. 1929, § 33-4417; 1941 Comp., § 15-3813; 1953 Comp., § 15-40-13. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Am. Jur. 2d, A.L.R. and C.J.S. references. — 80 C.J.S. Sheriffs and Constables § 494.
NM Stat § 4-41-11.1 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 41 - County Sheriff|Section 4-41-11.1 - Qualifications; waiver.

A. Court security officers of county sheriff departments of class A counties shall meet all the prerequisites for permanent appointment as peace officers as stated in Section 29-7-8 NMSA 1978 [repealed]. B. All court security officers provided for pursuant to Subsection A of this section shall be commissioned as peace officers with full powers and responsibilities while within the confines of the county courthouse or as otherwise specified by the court. C. Court security officers employed by county sheriff departments of class A counties on January 1, 1977 shall be exempted from the provisions of Subsection A of this section. History: Laws 1981, ch. 82, § 1. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and it is not part of the law. Laws 1993, ch. 255, § 11 repealed 29-7-8 NMSA 1978, effective July 1, 1993.
NM Stat § 4-41-12 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 41 - County Sheriff|Section 4-41-12 - [Entering other counties; powers.]

The various sheriffs of the several counties of this state shall have the right to enter any county of this state, or any part of this state, for the purpose of arresting any person charged with crime, whether the county so entered be the same to which the sheriff so entering was elected or not; and the deputies of said sheriffs shall have the same power as is conferred on the sheriffs, and any sheriff entering any county as above mentioned, shall have the same power to call out the power of said county to aid him, as is conferred on sheriffs in their own counties. History: Laws 1868-1869, ch. 33, § 1; C.L. 1884, § 395; C.L. 1897, § 731; Code 1915, § 1262; C.S. 1929, § 33-4418; 1941 Comp., § 15-3814; 1953 Comp., § 15-40-14. ANNOTATIONSCross references. — For duties of enforcement officers in counties, see 4-37-4 NMSA 1978. For refusal to assist officer, see 30-22-2 NMSA 1978. Law reviews. — For article, "Attachment in New Mexico - Part II," see 2 Nat. Resources J. 75 (1962). Am. Jur. 2d, A.L.R. and C.J.S. references. — 70 Am. Jur. 2d Sheriffs, Police, and Constables § 57. 80 C.J.S. Sheriffs and Constables § 36.
NM Stat § 4-41-13 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 41 - County Sheriff|Section 4-41-13 - [Execution of process of probate court; attendance.]

It is hereby made the duty of the sheriffs of the several counties of this state to serve and execute all process directed to them by said judges of probate in their respective counties, and shall be subject to fine and amercement as provided by law for the neglect or refusal to discharge the duties required of them; and it is hereby made the duty of the sheriff of each county, or his deputy, to attend the probate court of his county, under the direction of the judge thereof. History: Laws 1887, ch. 66, § 2; C.L. 1897, § 753; Code 1915, § 1264; C.S. 1929, § 33-4420; 1941 Comp., § 15-3815; 1953 Comp., § 15-40-15. ANNOTATIONSCross references. — For reimbursement of peace officers for mileage traveled by privately owned conveyances in serving process, see 4-41-19 NMSA 1978. For issuance of process by probate judges, see 34-7-13 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 70 Am. Jur. 2d Sheriffs, Police, and Constables §§ 61, 62. 80 C.J.S. Sheriffs and Constables §§ 80 to 88.
NM Stat § 4-41-14 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 41 - County Sheriff|Section 4-41-14 - Sheriff to serve and execute process and orders of magistrate [and municipal] courts.

The sheriff or his deputy shall serve and execute, according to law: A. all process, writs and orders directed to him by the judges of the magistrate courts; and B. criminal process directed to him by the municipal judge of any incorporated municipality in the state if the criminal process arises out of a charge of violation of a municipal ordinance prohibiting driving while under the influence of intoxicating liquor or drugs and if the municipal judge from whose court the process has issued has made satisfactory arrangements with the sheriff for payment for the services to be rendered. History: 1953 Comp., § 15-40-15.1, enacted by Laws 1975, ch. 242, § 1; 1988, ch. 88, § 2. ANNOTATIONSBracketed material. — The bracketed material in the catchline was inserted by the compiler and is not part of the law. Cross references. — For attendance at trials or hearings before magistrates, see 4-41-16 NMSA 1978. For reimbursement of peace officers for mileage traveled by privately owned conveyances in serving process, see 4-41-19 NMSA 1978. For payment of per diem expenses of sheriffs and deputy sheriffs for serving process and other official business, see 4-44-18 NMSA 1978. For service of summons, complaints, pleadings and other papers in civil actions in magistrate courts, see Rules 2-202 and 2-203 NMRA. For service of pleadings and summons in criminal actions in magistrate courts, see Rules 6-205 and 6-209 NMRA. For execution of arrest and search warrants in magistrate courts, see Rules 6-206 and 6-208 NMRA. Sheriffs may serve warrants in any county. — This section, along with 31-1-4E NMSA 1978, permits sheriffs to serve search warrants, which are included in the term "process," in any county of the state. State v. Gutierrez, 1985-NMCA-034, 102 N.M. 726, 699 P.2d 1078, cert. denied, 102 N.M. 734, 700 P.2d 197. Liability for wrongful execution of writ. — The facial validity of a writ of restitution protects the executing officers from liability. Runge v. Fox, 1990-NMCA-086, 110 N.M. 447, 796 P.2d 1143. Am. Jur. 2d, A.L.R. and C.J.S. references. — 70 Am. Jur. 2d Sheriffs, Police, and Constables §§ 61, 62. 80 C.J.S. Sheriffs and Constables §§ 80 to 88.
NM Stat § 4-41-15 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 41 - County Sheriff|Section 4-41-15 - [Fees; payment in advance.]

The party at whose application any civil writ, subpoena or process, except execution, is issued, shall pay in advance, if so demanded by the sheriff, the fees allowed by law for such services. History: Laws 1895, ch. 35, § 3; C.L. 1897, § 1801; Code 1915, § 1268; C.S. 1929, § 33-4424; 1941 Comp., § 15-3817; 1953 Comp., § 15-40-17. ANNOTATIONSCross references. — For requirement that county officers collect fees in advance, see 4-44-29 NMSA 1978. Advance payment required of state. — The state and its agencies need not use the sheriff to serve process, but if they do, they may also be required to pay in advance. 1979 Op. Att'y Gen. No. 79-29.
NM Stat § 4-41-17 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 41 - County Sheriff|Section 4-41-17 - [Executions; commissions and expenses.]

For commissions for receiving or paying moneys on executions, where lands, goods or chattels have been levied upon, advertised and sold, four per centum on the first five hundred dollars [($500)], and two percent on all sums above that; also the actual expenses incurred in taking care of any such goods or chattels so levied upon, between the day of levy and sale; and one-half of said commission, when the money has been paid without making levy or sale. History: Laws 1895, ch. 35, § 2; C.L. 1897, § 1800; Code 1915, § 1267; C.S. 1929, § 33-4423; 1941 Comp., § 15-3819; 1953 Comp., § 15-40-19. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For fee for levy and return of execution, see 4-41-16 NMSA 1978. For collection and disposition of fees, commissions, mileage and per diem, see 4-44-28, 4-44-29 NMSA 1978. Taxation of expenses of keeping and preserving attached property as costs. — The court properly taxed as costs the necessary expenses of the sheriff in keeping and preserving attached personal property in his possession and control. Jones-Noland Drilling Co. v. Bixby, 1929-NMSC-091, 34 N.M. 413, 282 P. 382. The defendant or debtor is chargeable with the sheriff's commission herein provided as one of the costs. 1943 Op. Att'y Gen. No. 43-4314. Am. Jur. 2d, A.L.R. and C.J.S. references. — 30 Am. Jur. 2d Executions § 205 et seq.; 70 Am. Jur. 2d Sheriffs, Police, and Constables §§ 68 to 75, 77 to 81, 83, 84, 86 to 89. Personal liability of sheriff for negligence causing damage to property, 53 A.L.R. 41. Liability of sheriff executing process of execution or attachment for failure to seize sufficient property, 93 A.L.R. 316. Right of sheriff or constable to demand indemnity bond as a condition of executing process or seizure of property in absence of claim by third person, 95 A.L.R. 943. Duty of sheriff as to care of property levied upon, 138 A.L.R. 710. 80 C.J.S. Sheriffs and Constables §§ 485 to 489.