reglab/housing_qa huggingface dataset:
NM Stat § 46-6-5 (2021)
2021 New Mexico Statutes|Chapter 46 - Fiduciaries and Trusts|Article 6 - Surety Bonds|Section 46-6-5 - [Suits against surety companies; estoppel to deny authority.]

That any company who shall execute or guarantee any recognizance, stipulation, bond or undertaking shall be estopped in any proceeding to enforce the liability which it shall have assumed to incur, to deny its corporate power to execute or guarantee such instrument or assume such liability. History: Laws 1899, ch. 41, § 5; Code 1915, § 510; C.S. 1929, § 17-106; 1941 Comp., § 28-106; 1953 Comp., § 28-1-6. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Judgment against the principal is conclusive, absent fraud or collusion. State ex rel. Dar Tile Co. v. Glens Falls Ins. Co., 1967-NMSC-206, 78 N.M. 435, 432 P.2d 400. Judgments against principal may not be collaterally attacked by surety because it is claimed that attorneys' fees are not a proper element of damages in a suit based upon a statutory contractor's bond. State ex rel. Dar Tile Co. v. Glens Falls Ins. Co., 1967-NMSC-206, 78 N.M. 435, 432 P.2d 400. Am. Jur. 2d, A.L.R. and C.J.S. references. — 74 Am. Jur. 2d Suretyship § 85. 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.
NM Stat § 46-6-6 (2021)
2021 New Mexico Statutes|Chapter 46 - Fiduciaries and Trusts|Article 6 - Surety Bonds|Section 46-6-6 - [Release from obligation on bond required by statute in civil action; petition; notice; hearing; order.]

Whenever any surety upon any attachment, replevin or other bond required in civil actions by the statutes of this state shall have reason to believe himself in danger from remaining thereon, and desires to be relieved therefrom, he may present a petition for that purpose to the judge of the district court in which the action wherein the said bond is given, is pending, either in vacation or term time, setting forth such reasons and verify the same by his oath. Whereupon said judge is authorized to hear the same in a summary manner and grant an order relieving the petitioner from such bond if in his judgment the petitioner is entitled to such relief and upon such terms as shall be prescribed in order to secure the right [rights] of all parties interested in the cause; provided, that a copy of such petition shall be served upon the principal and upon the cosurety or sureties on the bond and also upon the defendant in the cause, together with the notice of the time and place where the same will be presented, at least ten days before the hearing; provided, that no surety on any replevin or attachment bond shall be relieved from his liability on such bond until a new bond shall have been given and approved, or until the property, the return or forthcoming of which such original bond was intended to secure, shall have been placed in the custody of the court. History: C.L. 1897, § 2685(190), added by Laws 1907, ch. 107, § 1(190); Code 1915, § 4307; C.S. 1929, § 105-1609; 1941 Comp., § 28-107; 1953 Comp., § 28-1-7. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Law reviews. — For article, "Attachment in New Mexico - Part I," see 1 Nat. Resources J. 303 (1961). Am. Jur. 2d, A.L.R. and C.J.S. references. — 74 Am. Jur. 2d Suretyship §§ 82 to 93.
NM Stat § 46-6-7 (2021)
2021 New Mexico Statutes|Chapter 46 - Fiduciaries and Trusts|Article 6 - Surety Bonds|Section 46-6-7 - [Suit on attachment or replevin bond; no assignment necessary.]

Any person interested in any bond by virtue of the attachment and replevin laws, may maintain suit thereon without any assignment by the officer to whom the same is given. History: C.L. 1897, § 2685(222)(236), added by Laws 1907, ch. 107, § 1(222)(236); Code 1915, § 4334; C.S. 1929, § 105-1637; 1941 Comp., § 28-108; 1953 Comp., § 28-1-8. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For execution against sureties, see 39-4-10 NMSA 1978. For replevin generally, see Chapter 42, Article 8 NMSA 1978. For attachment generally, see Chapter 42, Article 9 NMSA 1978. This section does not apply to any bond given the sheriff. De Witt v. United States Fid. & Guar. Co., 1915-NMSC-020, 20 N.M. 163, 148 P. 489. Law reviews. — For article, "Attachment in New Mexico - Part II," see 2 Nat. Resources J. 75 (1962).
NM Stat § 46-6-8 (2021)
2021 New Mexico Statutes|Chapter 46 - Fiduciaries and Trusts|Article 6 - Surety Bonds|Section 46-6-8 - [Agreement with surety over deposits of principal.]

It shall be lawful for any party of whom a bond, undertaking or other obligation is required, to agree with his surety or sureties for the deposit of any or all moneys and assets for which he and his surety or sureties are or may be held responsible, with a bank or trust company, authorized by law to do business as such, or with [any] other depository approved by the court or a judge thereof, if such deposit is otherwise proper, for the safekeeping thereof, and in such manner as to prevent the withdrawal of such money or assets or any part thereof, without the written consent of such surety or sureties, or an order of court, or a judge thereof made on such notice to such surety or sureties as such court or judge may direct; provided, however, that such agreement shall not in any manner release from [liability] or change the liability of the principal or sureties as established by the terms of the said bond. History: 1941 Comp., § 28-109, enacted by Laws 1943, ch. 71, § 1; 1953 Comp., § 28-1-9. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 46-6-9 (2021)
2021 New Mexico Statutes|Chapter 46 - Fiduciaries and Trusts|Article 6 - Surety Bonds|Section 46-6-9 - [Arrest bond certificates; surety company undertakings authorized.]

A. Any domestic or foreign surety company which has qualified to transact surety business in this state may, in any year, become surety in an amount not to exceed two hundred dollars ($200.00) with respect to any guaranteed arrest bond certificates issued in such year by an automobile club or association by filing with the superintendent of insurance an undertaking thus to become surety. B. Such undertaking shall be in form to be prescribed by the superintendent and shall state the following: (1) the name and address of the automobile club or clubs or automobile association or associations with respect to the guaranteed arrest bond certificates of which the surety company undertakes to be surety; (2) the unqualified obligation of the surety company to pay the fine or forfeiture in an amount not to exceed two hundred dollars ($200.00) of any person who, after posting a guaranteed arrest bond certificate with respect to which the surety company has undertaken to be surety, fails to make the appearance to guarantee which the guaranteed arrest bond certificate was posted. C. The term, guaranteed arrest bond certificate, means any printed card or other certificate issued by an automobile club or association to any of its members, which card or certificate is signed by such member and contains a printed statement that such automobile club or association and a surety company guarantee the appearance of the person whose signature appears on the card or certificate and that they will, in the event of failure of such person to appear in court at the time of trial, pay any fine or forfeiture imposed on such person in an amount not to exceed two hundred dollars ($200.00). History: 1953 Comp., § 28-1-10, enacted by Laws 1955, ch. 120, § 1. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 46-7-1 to 46-7-10 (2021)
2021 New Mexico Statutes|Chapter 46 - Fiduciaries and Trusts|Article 7 - Transfers to Minors|Section 46-7-1 to 46-7-10 - Repealed.

ANNOTATIONSRepeals. — Laws 1989, ch. 357, § 26 repealed 46-7-1 to 46-7-10 NMSA 1978, as amended by Laws 1967, ch. 258, §§ 2, 3, 5, 6, 8 to 10 and Laws 1973, ch. 138, §§ 19 to 21, relating to the Uniform Gifts to Minors Act, effective July 1, 1989. For present comparable provisions, see 46-7-11 NMSA 1978 et seq.
NM Stat § 46-7-11 (2021)
2021 New Mexico Statutes|Chapter 46 - Fiduciaries and Trusts|Article 7 - Transfers to Minors|Section 46-7-11 - Short title.

Sections 1 through 24 [46-7-11 to 46-7-34 NMSA 1978] of this act may be cited as the "Uniform Transfers to Minors Act". History: Laws 1989, ch. 357, § 1. ANNOTATIONSCompiler's notes. — As enacted by Laws 1989, ch. 357, § 1, the phrase "As used in the Uniform Transfers to Minors Act:" inadvertently appeared at the end of this section. For purposes of clarity, the compiler has transferred that phrase, in brackets, to the beginning of 46-7-12 NMSA 1978. Cross references. — For Uniform Act for Simplification of Fiduciary Security Transfers, see Chapter 46, Article 8 NMSA 1978. For the lowering of age of majority to 18 not affecting the time for delivery of gift to donee, see 28-6-1 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 59 Am. Jur. 2d, Parent and Child §§ 127, 128. Unexplained gratuitous transfer of property from one relative to another as raising presumption of gift, 94 A.L.R.3d 608. Effect of testamentary gift to child conditioned upon specified arrangements for parental control, 11 A.L.R.4th 940. 43 C.J.S., Infants §§ 135 to 138.
NM Stat § 46-7-12 (2021)
2021 New Mexico Statutes|Chapter 46 - Fiduciaries and Trusts|Article 7 - Transfers to Minors|Section 46-7-12 - Definitions.

[As used in the Uniform Transfers to Minors Act [46-7-11 to 46-7-34 NMSA 1978]:] A. "adult" means an individual who has attained the age of twenty-one years; B. "benefit plan" means an employer's plan for the benefit of an employee or partner; C. "broker" means a person lawfully engaged in the business of effecting transactions in securities or commodities for the person's own account or for the account of others; D. "conservator" means a person appointed or qualified by a court to act as general, limited, or temporary guardian of a minor's property or a person legally authorized to perform substantially the same functions; E. "court" means the district court; F. "custodial property" means: (1) any interest in property transferred to a custodian under the Uniform Transfers to Minors Act; and (2) the income from and proceeds of that interest in property; G. "custodian" means a person so designated under Section 10 [46-7-20 NMSA 1978] of the Uniform Transfers to Minors Act or a successor or substitute custodian designated under Section 19 [46-7-29 NMSA 1978] of that act; H. "financial institution" means a bank, trust company, savings institution or credit union chartered and supervised under state or federal law; I. "legal representative" means an individual's personal representative or conservator; J. "member of the minor's family" means the minor's parent, stepparent, spouse, grandparent, brother, sister, uncle or aunt, whether of the whole or half blood or by adoption; K. "minor" means an individual who has not attained the age of twenty-one years; L. "person" means an individual, corporation, organization or other legal entity; M. "personal representative" means an executor, administrator, successor, personal representative or special administrator of a decendent's [decedent's] estate or a person legally authorized to perform substantally [substantially] the same functions; N. "state" includes any state of the United States, the District of Columbia, the commonwealth of Puerto Rico and any territory or possession subject to the legislative authority of the United States; O. "transfer" means a transaction that creates custodial property under Section 10 of the Uniform Transfers to Minors Act; P. "transferor" means a person who makes a transfer under that act; and Q. "trust company" means a financial institution, corporation, or other legal entity authorized to exercise general trust powers. History: Laws 1989, ch. 357, § 2. ANNOTATIONSBracketed material. — As this act appears in the Session Laws, the phrase "As used in the Uniform Transfers to Minors Act:" inadvertently appeared at the end of 46-7-11 NMSA 1978. For purposes of clarity, the compiler has transferred that phrase, in brackets, to the beginning of this section. The bracketed material in Subsection M was inserted by the compiler and is not part of the law.
NM Stat § 46-7-13 (2021)
2021 New Mexico Statutes|Chapter 46 - Fiduciaries and Trusts|Article 7 - Transfers to Minors|Section 46-7-13 - Scope and jurisdiction.

A. The Uniform Transfers to Minors Act applies to a transfer that refers to that act in the designation under Subsection A of Section 10 [46-7-20 NMSA 1978] of that act by which the transfer is made if at the time of the transfer, the transferor, the minor or the custodian is a resident of this state or the custodial property is located in this state. The custodianship so created remains subject to that act despite a subsequent change in residence of a transferor, the minor or the custodian or the removal of custodial property from this state. B. A person designated as custodian under the Uniform Transfers to Minors Act is subject to personal jurisdiction in this state with respect to any matter relating to the custodianship. C. A transfer that purports to be made and which is valid under the Uniform Transfers to Minors Act, the Uniform Gifts to Minors Act or a substantially similar act of another state is governed by the law of the designated state and may be executed and is enforceable in this state if at the time of the transfer, the transferor, the minor or the custodian is a resident of the designated state or the custodial property is located in the designated state. History: Laws 1989, ch. 357, § 3. ANNOTATIONSCompiler's notes. — The Uniform Gifts to Minors Act was repealed in 1989 by the act that enacted this section.
NM Stat § 46-7-14 (2021)
2021 New Mexico Statutes|Chapter 46 - Fiduciaries and Trusts|Article 7 - Transfers to Minors|Section 46-7-14 - Nomination of custodian.

A. A person having the right to designate the recipient of property transferable upon the occurrence of a future event may revocably nominate a custodian to receive the property for a minor beneficiary upon the occurrence of the event by naming the custodian followed in substance by the words: "as custodian for ______________ (name of minor) under the Uniform Transfers to Minors Act." The nomination may name one or more persons as substitute custodians to whom the property shall be transferred, in the order named, if the first nominated custodian dies before the transfer or is unable, declines or is ineligible to serve. The nomination may be made in a will, a trust, a deed, an instrument exercising a power of appointment or in a writing designating a beneficiary of contractual rights which is registered with or delivered to the payer, issuer or other obligor of the contractual rights. B. A custodian nominated under this section shall be a person to whom a transfer of property of that kind may be made under Subsection A of Section 10 [46-7-20 NMSA 1978] of the Uniform Transfers to Minors Act. C. The nomination of a custodian under this section does not create custodian property until the nominating instrument becomes irrevocable or a transfer to the nominated custodian is completed under Section 10 of the Uniform Transfers to Minors Act. Unless the nomination of a custodian has been revoked, upon the occurrence of the future event the custodianship becomes effective and the custodian shall enforce a transfer of the custodial property pursuant to Section 10 of that act. History: Laws 1989, ch. 357, § 4.
NM Stat § 46-7-15 (2021)
2021 New Mexico Statutes|Chapter 46 - Fiduciaries and Trusts|Article 7 - Transfers to Minors|Section 46-7-15 - Transfer by gift or exercise of power of appointment.

A person may make a transfer by irrevocable gift to, or the irrevocable exercise of a power of appointment in favor of, a custodian for the benefit of a minor pursuant to Section 10 [46-7-20 NMSA 1978] of the Uniform Transfers to Minors Act. History: Laws 1989, ch. 357, § 5.
NM Stat § 46-7-16 (2021)
2021 New Mexico Statutes|Chapter 46 - Fiduciaries and Trusts|Article 7 - Transfers to Minors|Section 46-7-16 - Transfer authorized by will or trust.

A. A personal representative or trustee may make an irrevocable transfer pursuant to Section 10 [46-7-20 NMSA 1978] of the Uniform Transfers to Minors Act to a custodian for the benefit of a minor as authorized in the governing will or trust. B. If the testator or settler has nominated a custodian under Section 4 [46-7-14 NMSA 1978] of the Uniform Transfers to Minors Act to receive the custodial property, the transfer shall be made to that person. C. If the testator or settler has not nominated a custodian under Section 4 of that act, or all persons so nominated as custodian die before the transfer or are unable, decline or are ineligible to serve, the personal representative or the trustee, as the case may be, shall designate the custodian from among those eligible to serve as custodian for property of that kind under Section 9 [46-7-19 NMSA 1978] of that act. History: Laws 1989, ch. 357, § 6.
NM Stat § 46-7-17 (2021)
2021 New Mexico Statutes|Chapter 46 - Fiduciaries and Trusts|Article 7 - Transfers to Minors|Section 46-7-17 - Other transfer by fiduciary.

A. Subject to Subsection C of this section, a personal representative or trustee may make an irrevocable transfer to another adult or trust company as custodian for the benefit of a minor pursuant to Section 10 [46-7-20 NMSA 1978] of the Uniform Transfers to Minors Act in the absence of a will or under a will or trust that does not contain an authorization to do so. B. Subject to Subsection C of this section, a conservator may make an irrevocable transfer to another adult or trust company as custodian for the benefit of the minor pursuant to Section 10 of that act. C. A transfer under Subsection A or B of this section may be made only if: (1) the personal representative, trustee, or conservator considers the transfer to be in the best interest of the minor; (2) the transfer is not prohibited by or inconsistent with provisions of the applicable will, trust agreement or other governing instrument; and (3) the transfer is authorized by the court if it exceeds ten thousand dollars ($10,000) in value. History: Laws 1989, ch. 357, § 7.
NM Stat § 46-7-18 (2021)
2021 New Mexico Statutes|Chapter 46 - Fiduciaries and Trusts|Article 7 - Transfers to Minors|Section 46-7-18 - Transfer by obligor.

A. Subject to Subsections B and C of this section, a person not subject to Section 6 or 7 [46-7-16 or 46-7-17 NMSA 1978] of the Uniform Transfers to Minors Act who holds property of or owes a liquidated debt to a minor not having a conservator may make an irrevocable transfer to a custodian for the benefit of the minor pursuant to Section 10 [46-7-20 NMSA 1978] of that act. B. If a person having the right to do so under Section 4 [46-7-14 NMSA 1978] of that act, has nominated a custodian under that section to receive the custodial property, the transfer shall be made to that person; C. If no custodian has been nominated under Section 4 of that act, or all persons so nominated as custodian die before the transfer or are unable, decline or are ineligible to serve, a transfer under this section may be made to an adult member of the minor's family or to a trust company unless the property exceeds ten thousand dollars ($10,000) in value. History: Laws 1989, ch. 357, § 8.
NM Stat § 46-7-19 (2021)
2021 New Mexico Statutes|Chapter 46 - Fiduciaries and Trusts|Article 7 - Transfers to Minors|Section 46-7-19 - Receipt for custodial property.

A written acknowledgment of delivery by a custodian constitutes a sufficient receipt and discharge for custodial property transferred to the custodian pursuant to the Uniform Transfers to Minors Act. History: Laws 1989, ch. 357, § 9.
NM Stat § 46-7-21 (2021)
2021 New Mexico Statutes|Chapter 46 - Fiduciaries and Trusts|Article 7 - Transfers to Minors|Section 46-7-21 - Single custodianship.

A transfer may be made only for one minor and only one person may be the custodian. All custodial property held under the Uniform Transfers to Minors Act by the same custodian for the benefit of the same minor constitutes a single custodianship. History: Laws 1989, ch. 357, § 11.
NM Stat § 46-7-22 (2021)
2021 New Mexico Statutes|Chapter 46 - Fiduciaries and Trusts|Article 7 - Transfers to Minors|Section 46-7-22 - Validity and effect of transfer.

A. The validity of a transfer made in a manner prescribed in the Uniform Transfers to Minors Act is not affected by: (1) failure of the transferor to comply with Subsection C of Section 10 [46-7-20 NMSA 1978] of that act concerning possession and control; (2) designation of an ineligible custodian, except designation of the transferor in the case of property for which the transferor is ineligible to serve as custodian under Subsection A of Section 10 of that act; or (3) death or incapacity of a person nominated under Section 4 [46-7-14 NMSA 1978] or designated under Section 10 of that act as custodian or the disclaimer of the office by that person. B. A transfer made pursuant to Section 10 of the Uniform Transfers to Minors Act is irrevocable, and the custodial property is indefeasibly vested in the minor, but the custodian has all the rights, powers, duties and authority provided in the Uniform Transfers to Minors Act and neither the minor nor the minor's legal representative has any right, power, duty or authority with respect to the custodial property except as provided in that act. C. By making a transfer, the transferor incorporates in the disposition all the provisions of that act and grants to the custodian, and to any third person dealing with a person designated as custodian, the respective powers, rights and immunities provided in that act. History: Laws 1989, ch. 357, § 12. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 38 Am. Jur. 2d Gifts § 15, 16. Construction and effect of Uniform Gifts to Minors Act, 50 A.L.R.3d 528.