reglab/statecodes huggingface dataset:
2023 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.
ANNOTATIONS
Compiler'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— The words "engineering on roads and bridges" are deemed repealed by section 67-4-3 NMSA 1978.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by virtue of his office be one of the viewers in the establishing of new roads or the location of bridges" are deemed superseded by 67-5-9 to 67-5-16 NMSA 1978, which provide for the appointment of viewers to change or establish new roads and for a survey by the county surveyor after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was impliedly repealed by 67-4-3 NMSA 1978, authorizing board of county commissioners to employ county road superintendent.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.
2023 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.
ANNOTATIONS
The 2011 amendment,
effective December 31, 2012, permitted private individuals to perform county surveying.
2023 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.
ANNOTATIONS
Cross references.
— For admissibility in evidence of certified copies of surveys,
see
4-42-7 NMSA 1978.
2023 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.
ANNOTATIONS
Cross 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.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 42 - County Surveyor › Section 4-42-14 - Licensed professional surveyor; not to change established corners or survey private lands.

Nothing in Chapter 4, Article 42 NMSA 1978 shall be construed to empower any licensed professional surveyor appointed by the board of county commissioners to change the established lines or corners of any land owned or possessed by any person, and no private lands shall be surveyed except by the consent of the owner of the land.
History:
Laws 1891, ch. 33, § 16; C.L. 1897, § 800; Code 1915, § 1301; C.S. 1929, § 33-4915; 1941 Comp., § 15-3915; 1953 Comp., § 15-41-15; 2011, ch. 56, § 14.
ANNOTATIONS
The 2011 amendment,
effective December 31, 2012, prohibited a licensed professional surveyor appointed by a board of county commissioners from moving established corners or surveying private land without the consent of the owner.
A county surveyor has no right to ignore a government corner
because he fails to find it where he thinks it should be, but may correct that location and reestablish the corner at its proper place. 1915 Op. Att'y Gen. No. 15-1673.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 42 - County Surveyor › Section 4-42-15 - County surveys.

The board of county commissioners is authorized to have the lands of the county, or any portion thereof, surveyed by a licensed land surveyor under the direction and in accordance with the instructions of the board of county commissioners. The board of county commissioners is authorized to purchase from any licensed professional surveyor any survey and the related plats, maps and field notes with payment to be made from the county general fund.
History:
Laws 1912, ch. 34, § 1; Code 1915, § 1172; C.S. 1929, § 33-4001; 1941 Comp., § 15-3916; 1953 Comp., § 15-41-16; Laws 1973, ch. 4, § 11; 1973, ch. 258, § 141; 1981, ch. 14, § 2; 2011, ch. 56, § 15.
ANNOTATIONS
Cross references.
— For determination of boundary disputes,
see
4-35-1 NMSA 1978 et seq.
The 2011 amendment,
effective December 31, 2012, required that county surveys be performed by a licensed professional surveyor and required that surveys, maps and field notes purchased by a county be purchased from a licensed professional surveyor.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 43 - County Treasurer › Section 4-43-1 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1993, ch. 119, § 2 repealed 4-43-1 NMSA 1978, as enacted by Laws 1868-1869, ch. 36, § 1, providing for the election of a county clerk and treasurer, 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.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 43 - County Treasurer › Section 4-43-3 - Ex-officio collectors.

The treasurers of the several counties are ex-officio collectors for their respective counties and have all the powers and duties provided by law for county collectors.
History:
Laws 1897, ch. 60, § 7; C.L. 1897, § 867(7); Code 1915, § 1280; C.S. 1929, § 33-4504; 1941 Comp., § 15-4004; 1953 Comp., § 15-42-4; Laws 1967, ch. 238, § 6.
ANNOTATIONS
Cross references.
— For suspension of treasurer's functions,
see
7-35-7 NMSA 1978.
For property tax collection responsibilities,
see
7-38-42 NMSA 1978.
For sale of personalty for delinquent taxes,
see
7-38-57 to 7-38-59 NMSA 1978.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 43 - County Treasurer › Section 4-43-4 - [Settlement of accounts upon turning over office to successor; duty of county commissioners.]

When a county collector goes out of office he shall make a full and complete settlement with the board of county commissioners, and deliver up in the presence of the county clerk all books, papers, money and all other property appertaining to the office, to his successor, taking his receipt therefor. The board of county commissioners shall make a statement, so far as state revenue is concerned, to the state auditor, showing all charges for whatsoever purposes which have been created against the collector during his term of office, and all credits that have been made, and other unfinished business charged over to his successor, and the amount of money paid over to his successor, showing to what year and to what accounts the amount so paid over belongs. They shall also see that the books of the collector are correctly balanced before passing into the possession of the collector-elect.
History:
Laws 1882, ch. 62, § 95; C.L. 1884, § 2900; C.L. 1897, § 4108; Code 1915, § 1283; C.S. 1929, § 33-4506; 1941 Comp., § 15-4005; 1953 Comp., § 15-42-5.
ANNOTATIONS
Cross references.
— For delivery of law books, records and documents to successors,
see
10-17-5 NMSA 1978.
The substance of the act required is the payment over
by the outgoing to the incoming treasurer, and the board in the presence of the county clerk; the obligation so defined is a continuing one which survives until fully performed, and implies the authority of the incoming treasurer to demand what he alone has the right to receive.
State v. Davisson
, 1923-NMSC-045, 28 N.M. 653, 217 P. 240.
Settlement looks to security of county finances.
— The manner in which settlement is directed to be made under this section looks only to the security of county finances.
State v. Davisson
, 1923-NMSC-045, 28 N.M. 653, 217 P. 240.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 44 - Salaries and Provisions Applicable to More Than One Office › Section 4-44-1 - Classification for salary purposes.

A. For the purpose of fixing salaries of county officers, the several counties of the state, except "H" class counties, are classified as follows:
(1) those having a final, full assessed valuation of over seventy-five million dollars ($75,000,000) and a population of one hundred thousand persons or more as determined by the most current annual population data or estimate available from the United States census bureau, as class "A" counties; and
(2) those having a final, full assessed valuation of over seventy-five million dollars ($75,000,000) and a population of less than one hundred thousand persons as determined by the most current annual population data or estimate available from the United States census bureau, as class "B" counties.
B. The assessed valuation for each year is the full valuation as finally fixed for that year.
History:
1953 Comp., § 15-43-1, enacted by Laws 1957, ch. 196, § 1; 2009, ch. 224, § 1; 2013, ch. 188, § 1; 2018, ch. 78, § 1.
ANNOTATIONS
Cross references.
— For salaries, expenses, fees and powers and duties of officers of unincorporated counties of the H class,
see
4-44-14 to 4-44-16 NMSA 1978.
The 2018 amendment,
effective May 16, 2018, eliminated the class "C" county classification, and made stylistic changes; and deleted Paragraph A(3), which classified certain counties as class "C" counties.
The 2013 amendment,
effective January 1, 2014, eliminated certain county classes for purposes of fixing salaries; in Paragraph (3) of Subsection A, after "assessed valuation", deleted "in excess of forty-five million dollars ($45,000,000)" and added "equal to or less than seventy-five million dollars ($75,000,000)"; and deleted former Paragraphs (4) through (8) of Subsection A, which created classes of counties based on assessed valuation from over fourteen million dollars to less than four million seven hundred fifty thousand dollars.
The 2009 amendment,
effective June 19, 2009, in Subsections A(1), A(2) and A(3), after "as determined by the" deleted "last official" and added "most current annual population data or estimate available from the".
Effect of creation of new county.
— Classification was not reduced by fact that a part of the county became a part of a new county.
Baca v. Board of Comm'rs
, 1924-NMSC-073, 30 N.M. 163, 231 P. 637.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 56 Am. Jur. 2d Municipal Corporations, Counties, and Other Political Subdivisions §§ 225 to 234.
20 C.J.S. Counties § 109.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 44 - Salaries and Provisions Applicable to More Than One Office › Section 4-44-3 - Establishment of H class counties.

There is hereby created and established a further and additional classification of counties in New Mexico, which shall be and are hereby declared to be and are described as H class counties. Any county which covers an area of not more than 200 square miles shall be a county of the H class.
History:
1953 Comp., § 15-43-3.1, enacted by Laws 1955, ch. 4, § 1; 1985, ch. 62, § 1.
ANNOTATIONS
Cross references.
— For salaries, expenses, fees and powers and duties of officers of unincorporated counties of the H class,
see
4-44-14 to 4-44-16 NMSA 1978.
For inclusion of H class counties in definition of municipality,
see
3-1-2 NMSA 1978.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 44 - Salaries and Provisions Applicable to More Than One Office › Section 4-44-6 - Repealed.

History:
1953 Comp., § 15-43-4.2, enacted by Laws 1957, ch. 196, § 4; 1959, ch. 262, § 3; 1961, ch. 116, § 2; 1965, ch. 236, § 3; 1969, ch. 219, § 5; 1970, ch. 83, § 3; 1973, ch. 380, § 3; 1976 (S.S.), ch. 14, § 3; 1978, ch. 191, § 3; 1980, ch. 135, § 3; 1981, ch. 14, § 4; 1982, ch. 39, § 3; 1986, ch. 67, § 4; 1990, ch. 82, § 4; 1994, ch. 38, § 4; 1998, ch. 11, § 4; 2002, ch. 79, § 4; 2006, ch. 87, § 4; 2011, ch. 56, § 19; 2013, ch. 188, § 5; repealed by Laws 2018, ch. 78, § 7.
ANNOTATIONS
Repeals.
— Laws 2018, ch. 78, § 7 repealed 4-44-6 NMSA 1978, as enacted by Laws 1957, ch. 196, § 4, relating to class C counties, salaries, effective May 16, 2018. For provisions of former section,
see
the 2017 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 44 - Salaries and Provisions Applicable to More Than One Office › Section 4-44-7 - Repealed.

History:
1953 Comp., § 15-43-4.3, enacted by Laws 1957, ch. 196, § 5; 1959, ch. 262, § 4; 1961, ch. 246, § 1; 1965, ch. 236, § 4; 1969, ch. 219, § 6; 1970, ch. 83, § 4; 1973, ch. 380, § 4; 1976 (S.S.), ch. 14, § 4; 1978, ch. 191, § 4; 1980, ch. 135, § 4; 1981, ch. 14, § 5; 1982, ch. 39, § 4; 1986, ch. 67, § 5; 1990, ch. 82, § 5; 1994, ch. 38, § 5; 1998, ch. 11, § 5; 2002, ch. 79, § 5; 2006, ch. 87, § 5; 2011, ch. 56, § 20; repealed by Laws 2013, ch. 188, § 8.
ANNOTATIONS
Repeals.
— Laws 2013, ch. 188, § 8 repealed 4-44-7 NMSA 1978, as enacted by Laws 1957, ch. 196, § 5, relating to annual salaries of elected county officers in first class counties with assessed valuation over twenty-seven million dollars, effective January 1, 2014. For provisions of former section,
see
the 2013 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 44 - Salaries and Provisions Applicable to More Than One Office › Section 4-44-8 - Repealed.

History:
1953 Comp., § 15-43-4.4, enacted by Laws 1957, ch. 196, § 6; 1959, ch. 262, § 5; 1961, ch. 249, § 1; 1965, ch. 236, § 5; 1969, ch. 219, § 7; 1970, ch. 83, § 5; 1973, ch. 380, § 5; 1976 (S.S.), ch. 14, § 5; 1978, ch. 191, § 5; 1980, ch. 135, § 5; 1981, ch. 14, § 6; 1982, ch. 39, § 5; 1986, ch. 67, § 6; 1990, ch. 82, § 6; 1994, ch. 38, § 6; 1998, ch. 11, § 6; 2002, ch. 79, § 6; 2006, ch. 87, § 6; 2011, ch. 56, § 21; repealed by Laws 2013, ch. 188, § 8.
ANNOTATIONS
Repeals.
— Laws 2013, ch. 188, § 8 repealed 4-44-8 NMSA 1978, as enacted by Laws 1957, ch. 196, § 6, relating to annual salaries of elected county officers in first class counties with assessed valuation under twenty-seven million dollars, effective January 1, 2014. For provisions of former section,
see
the 2013 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 44 - Salaries and Provisions Applicable to More Than One Office › Section 4-44-9 to 4-44-12 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1990, ch. 82, § 8 repealed 4-44-9 to 4-44-12 NMSA 1978, as amended by Laws 1986, ch. 67, § 7 and Laws 1982, ch. 39, §§ 7 to 9 relating to salaries in second, third, fourth, and fifth class counties, effective May 16, 1990.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 44 - Salaries and Provisions Applicable to More Than One Office › Section 4-44-12.1 - Repealed.

History:
Laws 1982, ch. 39, § 10; repealed by Laws 2013, ch. 188, § 8.
ANNOTATIONS
Repeals.
— Laws 2013, ch. 188, § 8 repealed 4-44-12.1 NMSA 1978, as enacted by Laws 1982, ch. 39, § 10, relating to equity, effective January 1, 2014. For provisions of former section,
see
the 2013 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 44 - Salaries and Provisions Applicable to More Than One Office › Section 4-44-12.2 - Repealed.

History:
Laws 1982, ch. 39, § 12; 1983, ch. 7, § 1; 1986, ch. 67, § 8; 1990, ch. 82, § 7; repealed by Laws 2013, ch. 188, § 8.
ANNOTATIONS
Repeals.
— Laws 2013, ch. 188, § 8 repealed 4-44-12.2 NMSA 1978, as enacted by Laws 1982, ch. 39, § 12, relating to legislative intent and purpose, effective January 1, 2014. For provisions of former section,
see
the 2013 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 44 - Salaries and Provisions Applicable to More Than One Office › Section 4-44-12.3 - Legislative intent; uniform salary changes.

A. The intent of the legislature when increasing the maximum salaries of elected county officials is to provide for equitable salary increases.
B. The majority of a board of county commissioners may provide for salary increases for elected county officials; however, a salary increase shall not take effect until the first day of the term of an elected county official who takes office after the date that salary increase is approved.
History:
1978 Comp., § 4-44-12.3, enacted by Laws 1991, ch. 91, § 1; 1999, ch. 228, § 1; 2013, ch. 188, § 6; 2018, ch. 78, § 5.
ANNOTATIONS
The 2018 amendment,
effective May 16, 2018, clarified the legislative intent with regard to increasing the maximum salaries of elected county officials; in Subsection A, after "legislature when", deleted "enacting salary increases for" and added "increasing the maximum salaries of"; and in Subsection B, deleted "In accordance with Sections 4-44-3 through 4-44-6 NMSA 1978", after "county officials", deleted "provided", after "however", deleted "that no" and added "a", and after "salary increase shall", added "not".
The 2013 amendment,
effective July 1, 2013, authorized boards of county commissioner to increase salaries of elected officials in accordance with statutory limitations; and in Subsection B, after "Sections 4-44-3 through", deleted "4-44-8 NMSA 1978" and added "4-44-6 NMSA 1978".
The 1999 amendment,
effective June 18, 1999, in Subsection B, substituted "the term of an elected county official" for "the term of the first elected county official", and deleted "at which time the salary increase shall take effect for all county elected officials" at the end of the subsection.
Salary increases during midterm.
— Salary increases granted by county commissions under this section for elected officials who were in midterm on the date the increases took effect violated Article IV, § 27 of the New Mexico Constitution.
State ex rel. Haragan v. Harris
, 1998-NMSC-043, 126 N.M. 310, 968 P.2d 1173.
Salary increases during term of office invalid.
— An interpretation of Subsection B permitting an increase of county commissioner salaries during the term of office violates the N.M. Const., art. IV, § 27 restriction on salary changes during a public officer's term. 1994 Op. Att'y Gen. No. 94-09.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 44 - Salaries and Provisions Applicable to More Than One Office › Section 4-44-13 - Repealed.

History:
1953 Comp., § 15-43-4.10, enacted by Laws 1957, ch. 196, § 12; 1959, ch. 262, § 11; 1965, ch. 236, § 11; repealed by Laws 2013, ch. 188, § 8.
ANNOTATIONS
Repeals.
— Laws 2013, ch. 188, § 8 repealed 4-44-13 NMSA 1978, as enacted by Laws 1957, ch. 196, § 12, relating to compensation for county clerks acting as court clerks, effective January 1, 2014. For provisions of former section,
see
the 2013 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 44 - Salaries and Provisions Applicable to More Than One Office › Section 4-44-15 - [Fees collected by officers of H class counties; disposition.]

Any and all fees now or hereafter allowed by statute or collected or received by any of the officers enumerated shall be covered into the general fund of such county and shall be disbursed for public purposes under the supervision and authority of the county commissioners of said county.
History:
1953 Comp., § 15-43-7.1, enacted by Laws 1955, ch. 4, § 4.
ANNOTATIONS
Cross references.
— For salaries and expenses of officers of unincorporated counties of the H class,
see
4-44-14 NMSA 1978.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 44 - Salaries and Provisions Applicable to More Than One Office › Section 4-44-16 - [Powers and duties of officers of H class counties.]

All officers elected or appointed under the provisions of this act [4-44-3, 4-44-14 to 4-44-16 NMSA 1978] shall have the same duties, rights, authority and obligations now or hereafter provided by the laws of New Mexico.
History:
1953 Comp., § 15-43-8.1, enacted by Laws 1955, ch. 4, § 5.
ANNOTATIONS
Cross references.
— For creation of unincorporated counties of the H class,
see
4-44-3 NMSA 1978.
For salaries and expenses of officers of H class counties,
see
4-44-14 NMSA 1978.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 44 - Salaries and Provisions Applicable to More Than One Office › Section 4-44-17 - Repealed.

History:
1941 Comp., § 15-4103a, enacted by Laws 1953, ch. 59, § 1; 1953 Comp., § 15-43-10; repealed by Laws 2013, ch. 188, § 8.
ANNOTATIONS
Repeals.
— Laws 2013, ch. 188, § 8 repealed 4-44-17 NMSA 1978, as enacted by Laws 1953, ch. 59, § 1, relating to insufficient funds for hire of full-time deputies in fifth class counties, effective January 1, 2014. For provisions of former section,
see
the 2013 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 44 - Salaries and Provisions Applicable to More Than One Office › Section 4-44-20 - Prisoners; feeding in transit.

A. The county sheriffs shall be reimbursed for the actual expense incurred for the care and feeding of prisoners in transit. Reimbursement shall not be made pursuant to this section without proof of actual expenses incurred by a sheriff or his delegate. The reimbursement for any prisoner shall not exceed the rate set by the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978].
B. Subject to appropriation by the legislature, a county shall be reimbursed by the state for the actual expenses incurred for the care and feeding of prisoners in transit. Notwithstanding the provisions of this subsection, a single county shall not receive more than fifty percent of the total amount of money allocated to all counties as reimbursement.
History:
1953 Comp., § 15-43-14.2, enacted by Laws 1961, ch. 253, § 8; 1977, ch. 107, § 2; 1983, ch. 181, § 2; 2003, ch. 219, § 2.
ANNOTATIONS
Cross references.
— For allowance for feeding prisoners generally,
see
4-44-19 NMSA 1978.
The 2003 amendment,
effective July 1, 2003, added the subsection designation A and added Subsection B.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 44 - Salaries and Provisions Applicable to More Than One Office › Section 4-44-22 - Repealed.

History:
1953 Comp., § 15-43-15.1, enacted by Laws 1969, ch. 244, § 1; repealed by Laws 2011, ch. 138, § 14.
ANNOTATIONS
Repeals.
— Laws 2011, ch. 138, § 14 repealed 4-44-22 NMSA 1978, as enacted by Laws 1969, ch. 244, § 1, relating to disqualification for financial interest, effective July 1, 2011. For provisions of former section,
see
the 2010 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 44 - Salaries and Provisions Applicable to More Than One Office › Section 4-44-23 - Repealed.

History:
1953 Comp., § 15-43-15.2, enacted by Laws 1969, ch. 244, § 2; repealed by Laws 2011, ch. 138, § 14.
ANNOTATIONS
Repeals.
— Laws 2011, ch. 138, § 14 repealed 4-44-23 NMSA 1978, as enacted by Laws 1969, ch. 244, § 2, relating to confidential information, effective July 1, 2011. For provisions of former section,
see
the 2010 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 44 - Salaries and Provisions Applicable to More Than One Office › Section 4-44-24 - Repealed.

History:
1953 Comp., § 15-43-15.3, enacted by Laws 1969, ch. 244, § 3; repealed by Laws 2011, ch. 138, § 14.
ANNOTATIONS
Repeals.
— Laws 2011, ch. 138, § 14 repealed 4-44-24 NMSA 1978, as enacted by Laws 1969, ch. 244, § 3, relating to contracts with former officials or employees, effective July 1, 2011. For provisions of former section,
see
the 2010 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 44 - Salaries and Provisions Applicable to More Than One Office › Section 4-44-25 - Repealed.

History:
1953 Comp., § 15-43-15.4, enacted by Laws 1969, ch. 244, § 4; repealed by Laws 2011, ch. 138, § 14.
ANNOTATIONS
Repeals.
— Laws 2011, ch. 138, § 14 repealed 4-44-25 NMSA 1978, as enacted by Laws 1969, ch. 244, § 4, relating to disclosure of financial interest, effective July 1, 2011. For provisions of former section,
see
the 2010 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 44 - Salaries and Provisions Applicable to More Than One Office › Section 4-44-26 - Repealed.

History:
1953 Comp., § 15-43-15.5, enacted by Laws 1969, ch. 244, § 5; repealed by Laws 2011, ch. 138, § 14.
ANNOTATIONS
Repeals.
— Laws 2011, ch. 138, § 14 repealed 4-44-26 NMSA 1978, as enacted by Laws 1969, ch. 244, § 5, relating to disclosure for persons on retainer or contract, effective July 1, 2011. For provisions of former section,
see
the 2010 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 44 - Salaries and Provisions Applicable to More Than One Office › Section 4-44-27 - Repealed.

History:
1953 Comp., § 15-43-15.6, enacted by Laws 1969, ch. 244, § 6; repealed by Laws 2011, ch. 138, § 14.
ANNOTATIONS
Repeals.
— Laws 2011, ch. 138, § 14 repealed 4-44-27 NMSA 1978, as enacted by Laws 1969, ch. 244, § 6, relating to enforcement procedures, effective July 1, 2011. For provisions of former section,
see
the 2010 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 44 - Salaries and Provisions Applicable to More Than One Office › Section 4-44-28 - [Collection of fees, commissions, mileage and per diem; accounts; payment to county treasurer.]

All county officers shall respectively charge and collect all fees, commissions, mileage and per diem heretofore and now, or which hereafter may be authorized by law to be charged and collected for official services rendered by them, and shall keep an accurate and itemized account thereof, and on or before the tenth day of each month pay the same over to the county treasurer of their respective counties, accompanying each remittance by a verified copy of the itemized account covered thereby, which verified copy shall be retained on file by said treasurer. All such county officers shall in like manner account for and pay over to the county treasurer of their respective counties, all such fees, commissions, mileage and per diem heretofore earned and hereafter collected for official services rendered by them from the respective dates when they qualified as such officers.
History:
Laws 1915, ch. 12, § 8; C.S. 1929, § 33-3208; 1941 Comp., § 15-4113; 1953 Comp., § 15-43-16.
ANNOTATIONS
Cross references.
— For disposition of fees collected by officers of H class counties,
see
4-44-15 NMSA 1978.
For issuance of receipts for and maintenance of accounts as to moneys paid over by county officers,
see
4-44-30 NMSA 1978.
For filing with county clerk of monthly statements of public moneys received and disbursed by county and precinct officers,
see
10-17-4 NMSA 1978.
Section prohibits a county from collecting less than the prescribed fees.
To hold otherwise would be to permit the county clerks, if they so desired, to charge nothing for service. The power to charge less than the prescribed fees, or not to charge at all, would be giving a county clerk the power to impair a source of county income. 1955 Op. Att'y Gen. No. 55-6242.
Mileage fees collected by sheriffs and deputies.
— By law a sheriff and his deputies are required to collect certain fees under 4-41-16 NMSA 1978 from private individuals for performing prescribed services, and in connection with the performance of such duties a mileage fee may be imposed. These mileage fees are required under this section to be deposited into the county treasury. 1963 Op. Att'y Gen. No. 63-111.
Fees collected by sheriffs do not accrue to them personally
but are deposited with the county treasurer. 1979 Op. Att'y Gen. No. 79-29.
Retention of fees by deputy sheriff.
— Where a deputy sheriff receives a salary and even though he is appointed constable, he may not retain fees for services performed within his jurisdiction. 1945 Op. Att'y Gen. No. 45-4781.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 20 C.J.S. Counties § 134.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 44 - Salaries and Provisions Applicable to More Than One Office › Section 4-44-29 - [Fees to be collected in advance.]

Every county officer shall collect every fee as prescribed by law for services performed by him in advance, if the amount of the same can be ascertained, and when any officer shall negligently or willfully fail to collect any such fee, double the amount shall be charged to him on account of his salary.
History:
Laws 1893, ch. 71, § 25; C.L. 1897, § 866; Code 1915, § 1183; C.S. 1929, § 33-4106; Laws 1939, ch. 132, § 2; 1941 Comp., § 15-4114; 1953 Comp., § 15-43-17.
ANNOTATIONS
Cross references.
— For right of sheriff to demand payment of fees in advance,
see
4-41-15 NMSA 1978.
For provision requiring recording fees to be paid in advance,
see
14-8-15 NMSA 1978.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 44 - Salaries and Provisions Applicable to More Than One Office › Section 4-44-30 - [County treasurer; receipts; accounts of officers.]

The county treasurer shall issue proper receipts for all monies paid over to him under the requirements of this act, and shall keep an accurate account thereof in proper books of entry to be kept in his office. The official accounts of all county officers shall be subject to inspection and audit, and shall be inspected and audited, by the officer authorized by law to audit the accounts of such officer.
History:
Laws 1915, ch. 12, § 11; C.S. 1929, § 33-3211; 1941 Comp., § 15-4116; 1953 Comp., § 15-43-19.
ANNOTATIONS
Compiler's notes.
— The phrase "this act" refers to Laws 1915, ch. 12, which is compiled as this section and 4-44-2, 4-44-21, 4-44-28, 4-44-32, 4-44-33 NMSA 1978.
Cross references.
— For filing by county and precinct officers and audit by board of county commissioners of monthly statements of public moneys received and disbursed,
see
10-17-4 NMSA 1978.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 44 - Salaries and Provisions Applicable to More Than One Office › Section 4-44-31 - County general fund created.

There is created in each county a county general fund to which the county treasurer shall credit all revenues not otherwise allocated by law. Expenditures from this fund shall be made only in accordance with budgets approved as provided by law.
History:
1953 Comp., § 15-43-20, enacted by Laws 1973, ch. 4, § 12.
ANNOTATIONS
Cross references.
— For finances of counties, municipalities and school districts,
see
6-6-7 NMSA 1978 et seq.
Mileage fees collected by sheriffs and deputies.
— By law a sheriff and his deputies are required to collect certain fees under 4-41-16 NMSA 1978 from private individuals for performing prescribed services, and in connection with the performance of such duties a mileage fee may be imposed. These mileage fees are required under 4-44-28 NMSA 1978 to be deposited into the county treasury, and pursuant to this section they are credited to the county salary fund (now county general fund). 1963 Op. Att'y Gen. No. 63-111.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 56 Am. Jur. 2d Municipal Corporations, Counties, and Other Political Subdivisions § 536.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 44 - Salaries and Provisions Applicable to More Than One Office › Section 4-44-32 - [Embezzlement; negligence; perjury; penalties.]

Any county officer who shall willfully fail to account for or pay over as required by law any and all fees, commissions, mileage, per diem or moneys earned by him, which heretofore have, or hereafter may, come into his hands by virtue of his office, shall be deemed guilty of embezzlement, and upon conviction thereof shall be punished by a fine of not more than five thousand dollars [($5,000)], or by imprisonment for not more than five years, or both, and in addition thereto shall be summarily removed from office by the court imposing sentence.
And any officer who shall willfully fail or neglect to discharge the duties of his office, upon conviction thereof, shall be punished by a fine of not more than one thousand dollars [($1,000)], or by imprisonment for not more than six months, or both, and in addition thereto shall be summarily removed from office by the court imposing sentence.
Any such officer who shall willfully swear falsely as to any itemized account required by this act to be rendered under oath shall be deemed guilty of perjury, and upon conviction thereof shall be punished by imprisonment for not less than two nor more than five years, and shall be summarily removed from office by the court imposing sentence.
History:
Laws 1915, ch. 12, § 17; C.S. 1929, § 33-3217; Laws 1939, ch. 107, § 1; 1941 Comp., § 15-4124; 1953 Comp., § 15-43-27.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The phrase "this act" refers to Laws 1915, ch. 12, which is compiled as this section and 4-44-2, 4-44-21, 4-44-28, 4-44-30, 4-44-33 NMSA 1978.
Cross references.
— For failure, neglect or refusal to perform duties of office as cause for removal of local public officers,
see
10-4-2 NMSA 1978.
For embezzlement generally,
see
30-16-8 NMSA 1978.
For perjury generally,
see
30-25-1 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 26 Am. Jur. 2d Embezzlement §§ 46 et seq., 66.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 44 - Salaries and Provisions Applicable to More Than One Office › Section 4-44-33 - Stationery, postage and office supplies.

The boards of county commissioners shall purchase and provide county officers with all necessary stationery, postage and office supplies, the actual cost thereof to be paid out of the county general fund.
History:
Laws 1915, ch. 12, § 7; C.S. 1929, § 33-3207; Laws 1939, ch. 97, § 1; 1941 Comp., § 15-4125; 1953 Comp., § 15-43-28; Laws 1973, ch. 4, § 13.
ANNOTATIONS
Cross references.
— Fpr furnishing of surveyor's books by board of county commissioners,
see
4-42-4 NMSA 1978.
For county general fund,
see
4-44-31 NMSA 1978.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 44 - Salaries and Provisions Applicable to More Than One Office › Section 4-44-34 - Officers to keep office at county seat.

That all county officers of the various counties in New Mexico shall establish and maintain their offices and headquarters for the transaction of the business of their respective offices at the county seat of their respective counties and shall there keep all the books, papers and official records pertaining to their respective offices; provided, that such offices shall be provided for such officers at the expense of the respective counties.
History:
Laws 1903, ch. 38, § 1; 1907, ch. 87, § 1; Code 1915, § 1129; C.S. 1929, § 33-3401; Laws 1939, ch. 59, § 1; 1941 Comp., § 15-4126; 1953 Comp., § 15-43-29.
ANNOTATIONS
Cross references.
— For duty of county officers pertaining to removal of offices to new county seat,
see
4-34-4 NMSA 1978.
For requirement that county surveyor keep office at county seat,
see
4-42-4 NMSA 1978.
For requirement that clerk for probate court have office at county seat,
see
34-7-4 NMSA 1978.
The 1907 amendment of this section did not have the effect of repealing 4-34-4 NMSA 1978
relating to duties of officers on removal to new county seat.
Territory ex rel. White v. Riggle
, 1911-NMSC-074, 16 N.M. 713, 120 P. 318.
When removal of offices and books to new county seat required.
— In case of removal to a new county seat, officers are not required to remove offices and books before a courthouse and jail are completed.
Territory ex rel. White v. Riggle
, 1911-NMSC-074, 16 N.M. 713, 120 P. 318.
Courthouse must be built on property within the county seat.
1967 Op. Att'y Gen. No. 67-61.
Office hours.
— A county commission may set the hours that offices of other elected county officials must stay open. 1990 Op. Att'y Gen. No. 90-05.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 20 C.J.S. Counties § 128.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 44 - Salaries and Provisions Applicable to More Than One Office › Section 4-44-35 - Deputy county officers; oaths; bonds.

Before assuming the duties of his office, each deputy county officer shall take and subscribe the oath of office prescribed by the constitution for county officers. The board of county commissioners may cause to be bonded the deputy or deputies of the various county officials who are not otherwise required to be bonded. These bonds shall be in amounts fixed by the board of county commissioners in a sum equal to twenty percent of the public money handled during the preceding fiscal year and conditioned for the faithful performance of his duties, but in no event shall the amount be greater than the maximum prescribed by law for the appropriate elected officer. The bonds shall be executed by corporate surety companies authorized to do business in this state and the premiums shall be paid from the county general fund. Deputy county officers may be individually bonded or included within the coverage under any schedule or blanket corporate surety bond procured by the board of county commissioners.
History:
1941 Comp., § 15-4127, enacted by Laws 1945, ch. 68, § 1; 1953 Comp., § 15-43-30; Laws 1967, ch. 238, § 7.
ANNOTATIONS
Cross references.
— For oath and bond of county officers and deputies generally,
see
10-1-13 NMSA 1978.
For bonds of county officers,
see
10-2-1 NMSA 1978 et seq.
The bond provided for under this section should be made to run to the state
of New Mexico or the county official, and this section authorizes the payment of the premium for such bond from county funds. 1945 Op. Att'y Gen. No. 45-4743.
Payment of premium on bond.
— The provisions of this section being mandatory in form, the board of county commissioners cannot refuse to approve payment of the premium on the bond from county funds. 1947 Op. Att'y Gen. No. 47-4975.
Liability for acts of deputy treasurer.
— No statute requires that deputy treasurers be bonded, and while it is good business for bonding companies liable on a county treasurer's bond, and also good business for the county treasurer to require that deputy treasurers be bonded for their protection, the county should not pay for the premium on such deputy's bond, since the state and county are protected on the treasurer's bond for any defalcation, even by a deputy under Section 6-10-38 NMSA 1978. 1940 Op. Att'y Gen. No. 40-3417.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 44 - Salaries and Provisions Applicable to More Than One Office › Section 4-44-36 - Repealed.

History:
1941 Comp., § 15-3535, enacted by Laws 1953, ch. 167, § 1; 1953 Comp., § 15-43-31; Laws 1957, ch. 189, § 10; 1963, ch. 164, § 1; 2011, ch. 56, § 22; repealed by Laws 2019, ch. 212, § 284.
ANNOTATIONS
Repeals.
— Laws 2019, ch. 212, § 284 repealed 4-44-36 NMSA 1978, as enacted by Laws 1953, ch. 167, § 1, relating to abolishment of certain county offices, effective April 3, 2019. For provisions of former section,
see
the 2018 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 44 - Salaries and Provisions Applicable to More Than One Office › Section 4-44-37 - Repealed.

History:
1941 Comp., § 15-3536, enacted by Laws 1953, ch. 167, § 2; 1953 Comp., § 15-43-32; repealed by Laws 2019, ch. 212, § 284.
ANNOTATIONS
Repeals.
— Laws 2019, ch. 212, § 284 repealed 4-44-37 NMSA 1978, as enacted by Laws 1953, ch. 167, § 2, relating to petition for election on question of abolition, effective April 3, 2019. For provisions of former section,
see
the 2018 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 44 - Salaries and Provisions Applicable to More Than One Office › Section 4-44-38 - Repealed.

History:
1941 Comp., § 15-3537, enacted by Laws 1953, ch. 167, § 3; 1953 Comp., § 15-43-33; repealed by Laws 2019, ch. 212, § 284.
ANNOTATIONS
Repeals.
— Laws 2019, ch. 212, § 284 repealed 4-44-38 NMSA 1978, as enacted by Laws 1953, ch. 167, § 3, relating to notice of petition, challenging sufficiency of petition, effective April 3, 2019. For provisions of former section,
see
the 2018 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 44 - Salaries and Provisions Applicable to More Than One Office › Section 4-44-39 - Repealed.

History:
1941 Comp., § 15-3538, enacted by Laws 1953, ch. 167, § 4; 1953 Comp., § 15-43-34; repealed by Laws 2019, ch. 212, § 284.
ANNOTATIONS
Repeals.
— Laws 2019, ch. 212, § 284 repealed 4-44-39 NMSA 1978, as enacted by Laws 1953, ch. 167, § 4, relating to calling of election, notice, effective April 3, 2019. For provisions of former section,
see
the 2018 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 44 - Salaries and Provisions Applicable to More Than One Office › Section 4-44-40 - Repealed.

History:
1941 Comp., § 15-3539, enacted by Laws 1953, ch. 167, § 5; 1953 Comp., § 15-43-35; 2011, ch. 56, § 23; repealed by Laws 2019, ch. 212, § 284.
ANNOTATIONS
Repeals.
— Laws 2019, ch. 212, § 284 repealed 4-44-40 NMSA 1978, as enacted by Laws 1953, ch. 167, § 5, relating to election judges and clerks, form of ballot, effective April 3, 2019. For provisions of former section,
see
the 2018 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 44 - Salaries and Provisions Applicable to More Than One Office › Section 4-44-41 - Repealed.

History:
1941 Comp., § 15-3540, enacted by Laws 1953, ch. 167, § 6; 1953 Comp., § 15-43-36; repealed by Laws 2019, ch. 212, § 284.
ANNOTATIONS
Repeals.
— Laws 2019, ch. 212, § 284 repealed 4-44-41 NMSA 1978, as enacted by Laws 1953, ch. 167, § 6, relating to counting and canvassing of returns, effective April 3, 2019. For provisions of former section,
see
the 2018 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 44 - Salaries and Provisions Applicable to More Than One Office › Section 4-44-42 - Repealed.

History:
1941 Comp., § 15-3541, enacted by Laws 1953, ch. 167, § 7; 1953 Comp., § 15-43-37; repealed by Laws 2019, ch. 212, § 284.
ANNOTATIONS
Repeals.
— Laws 2019, ch. 212, § 284 repealed 4-44-42 NMSA 1978, as enacted by Laws 1953, ch. 167, § 7, relating to recount of votes, effective April 3, 2019. For provisions of former section,
see
the 2018 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 44 - Salaries and Provisions Applicable to More Than One Office › Section 4-44-43 - Repealed.

History:
1941 Comp., § 15-3542, enacted by Laws 1953, ch. 167, § 8; 1953 Comp., § 15-43-38; repealed by Laws 2019, ch. 212, § 284.
ANNOTATIONS
Repeals.
— Laws 2019, ch. 212, § 284 repealed 4-44-43 NMSA 1978, as enacted by Laws 1953, ch. 167, § 8, relating to results of canvass and any recount to be published, effective April 3, 2019. For provisions of former section,
see
the 2018 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 44 - Salaries and Provisions Applicable to More Than One Office › Section 4-44-44 - Repealed.

History:
1941 Comp., § 15-3545, enacted by Laws 1953, ch. 167, § 11; 1953 Comp., § 15-43-41; 2011, ch. 56, § 24; repealed by Laws 2019, ch. 212, § 284.
ANNOTATIONS
Repeals.
— Laws 2019, ch. 212, § 284 repealed 4-44-44 NMSA 1978, as enacted by Laws 1953, ch. 167, § 11, relating to petition for restoration of offices, election, effective April 3, 2019. For provisions of former section,
see
the 2018 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 44 - Salaries and Provisions Applicable to More Than One Office › Section 4-44-45 - Repealed.

History:
1941 Comp., § 15-3546, enacted by Laws 1953, ch. 167, § 12; 1953 Comp., § 15-43-42; Laws 1973, ch. 4, § 14; repealed by Laws 2019, ch. 212, § 284.
ANNOTATIONS
Repeals.
— Laws 2019, ch. 212, § 284 repealed 4-44-45 NMSA 1978, as enacted by Laws 1953, ch. 167, § 12, relating to elections, costs, limitations, effective April 3, 2019. For provisions of former section,
see
the 2018 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 45 - Accounts and Claims Against Counties › Section 4-45-2 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1980, ch. 96, § 1, repealed 4-45-1 and 4-45-2 NMSA 1978, relating to verification of accounts and claims against counties by an affidavit and the penalty for a commissioner or clerk failing to perform his duty in conjunction therewith.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 45 - Accounts and Claims Against Counties › Section 4-45-3 - [Accounts to be itemized; board may disapprove.]

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