reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 4 - Counties › Article 40 - County Clerk › Section 4-40-3 - [Duties; ex-officio clerk of board of county commissioners.]

The county clerk shall be ex-officio clerk of the board of county commissioners, shall attend the sessions of the board in person or by deputy, keep the seals, records and papers of said board of county commissioners and keep a record of the proceedings of said board in a book as required by law, under the direction of the county commissioners.
History:
Laws 1876, ch. 1, § 19; C.L. 1884, § 350; C.L. 1897, § 678; Code 1915, § 1235; C.S. 1929, § 33-4301; 1941 Comp., § 15-3704; 1953 Comp., § 15-39-4.
ANNOTATIONS
Compiler's notes.
— Under N.M. Const., art. VI, § 22, the county clerk is designated as clerk of the district court and clerk of the probate court until otherwise provided by law. After July 1, 1969, judges of the district courts are authorized and empowered to appoint clerks.
See
34-6-19 NMSA 1978.
Cross references.
— For filing of surveys with county clerk, see 4-42-7 NMSA 1978.
For duties pertaining to accounts and claims against county,
see
4-45-3 NMSA 1978 et seq.
For maintenance of record of vouchers filed by county flood commissioner,
see
4-50-6 NMSA 1978.
For duties pertaining to recording of documents,
see
14-8-1, 14-8-2, 14-8-6, 14-8-9 NMSA 1978.
For duties of probate clerks,
see
34-7-14 NMSA 1978 et seq.
For deputy probate clerks,
see
34-7-22 NMSA 1978 et seq.
For duties pertaining to filing and vacation of subdivision plats,
see
47-6-6, 47-6-7 NMSA 1978.
For filing or recording with clerk of public utilities instruments,
see
62-13-9, 62-13-11, 62-13-12 NMSA 1978.
For deposit of money received from sale of trespassing animal in irrigation district,
see
77-14-22 NMSA 1978.
Purpose of this section
is not to confer validity on meetings of the county commissioners but to provide the board with a clerk to keep its records. 1973 Op. Att'y Gen. No. 73-56.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Liability of clerk of court, county clerk or prothonotary, or surety on bond, for negligent or wrongful acts of deputies or assistants, 71 A.L.R.2d 1140.
20 C.J.S. Counties § 130.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 40 - County Clerk › Section 4-40-4 - [Duties as clerk of county commissioners.]

It shall be the general duty of the clerk of the board of commissioners:
A. to record in a book to be provided for that purpose all proceedings of the board;
B. to make regular entries of all their resolutions and decisions in all questions concerning the raising of money;
C. to record the vote of each commissioner on any question submitted to the board if required by any member;
D. to sign all orders issued by the board for the payment of money, and to record in a book to be provided for that purpose, the receipts of the county treasurer of the receipts and expenditures of the county;
E. to preserve and file all accounts acted upon by the board with their action thereon, and he shall perform such special duties as are required by law.
History:
Laws 1876, ch. 1, § 29; C.L. 1884, § 360; C.L. 1897, § 679; Code 1915, § 1236; C.S. 1929, § 33-4302; 1941 Comp., § 15-3705; 1953 Comp., § 15-39-5.
ANNOTATIONS
Cross references.
— For service of clerk on county advisory board,
see
4-38-38 NMSA 1978 et seq.
For duties of clerk as to accounts and claims against county,
see
4-45-3 NMSA 1978 et seq.
Ministerial duties.
— Statutory duties of county clerks are ministerial and are intended only to insure the regularity of county fiscal procedures. 1979 Op. Att'y Gen. No. 79-33.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 40 - County Clerk › Section 4-40-5 - County clerk; duty regarding accounts.

It shall be the duty of the county clerk to designate upon every account, which shall be audited and approved and allowed by the board of county commissioners, the amount so allowed.
History:
Laws 1876, ch. 1, § 30; C.L. 1884, § 361; C.L. 1897, § 680; Code 1915, § 1237; C.S. 1929, § 33-4303; 1941 Comp., § 15-3706; 1953 Comp., § 15-39-6; 2011, ch. 134, § 1.
ANNOTATIONS
Cross references.
— For approval or disapproval of accounts by board,
see
4-45-3 NMSA 1978.
The 2011 amendment,
effective July 1, 2011, eliminated the requirement that county clerks provide certified copies of records and accounts upon request.
Death certificates.
— County clerks may not issue copies of death certificates on file in their office unless the vital statistics bureau promulgates regulations authorizing it or unless the legislature amends the Vital Statistics Act (24-14-1 NMSA 1978 et seq.) to grant county clerks such authority. 1988 Op. Att'y Gen. No. 88-01.
County clerks could not issue certified copies of death certificates pursuant to 14-8-4 NMSA 1978 in order to avoid the higher fees charged for the issuance of certificates by the vital statistics bureau. 1988 Op. Att'y Gen. No. 88-01.
Charging of fee for issuance of certified copies of military discharge papers.
— In absence of statute authorizing free certified copies, a fee of $.15 per page must be charged by the county clerk for issuing certified copies of soldiers' discharge papers. 1943 Op. Att'y Gen. No. 43-4337.
2023 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.
ANNOTATIONS
Cross 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.
2023 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.
ANNOTATIONS
Section 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.
2023 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.
ANNOTATIONS
Bracketed 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.
2023 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.
ANNOTATIONS
Cross references.
— For duties of clerk pertaining to subscription to and preservation of newspapers,
see
4-40-7, 4-40-8 NMSA 1978.
2023 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.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 41 - County Sheriff › Section 4-41-1 - Repealed.

ANNOTATIONS
Repeals.
— 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.
2023 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.
ANNOTATIONS
Bracketed 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.
2023 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.
ANNOTATIONS
Bracketed 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.
2023 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.
ANNOTATIONS
Cross 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).
2023 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.
ANNOTATIONS
Cross 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.
2023 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.
ANNOTATIONS
Cross 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.
2023 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.
ANNOTATIONS
Bracketed 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.
2023 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.
ANNOTATIONS
Bracketed 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.
2023 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.
ANNOTATIONS
Cross 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.
2023 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.
ANNOTATIONS
Cross 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.
2023 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.
ANNOTATIONS
Bracketed 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.
2023 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.
ANNOTATIONS
Cross 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.
2023 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.
ANNOTATIONS
Bracketed 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.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 41 - County Sheriff › Section 4-41-18 - [Fees; service of jury venire.]

The sheriff shall receive ten dollars [($10.00)] for the service of any jury venire, and shall be paid the regular rates of mileage hereinafter provided, for each mile actually and necessarily traveled in serving said jury venire.
History:
Laws 1895, ch. 35, § 4; C.L. 1897, § 1802; Code 1915, § 1269; C.S. 1929, § 33-4425; 1941 Comp., § 15-3820; 1953 Comp., § 15-40-20.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The words "hereinafter provided" referred to the first sentence of Laws 1895, ch. 35, § 6, which was superseded by 15-40-21, 1953 Comp. (repealed by Laws 1961, ch. 253, § 9). This section may be superseded in its entirety by later provisions.
See
compiler's note under 4-41-21 NMSA 1978.
See also
4-44-21, 4-44-28, 4-44-29 NMSA 1978.
Cross references.
— For fee for calling jury generally,
see
4-41-16 NMSA 1978.
For charge for mileage traveled in providing service of jury venire,
see
4-41-19 NMSA 1978.
For charge for service of more than one subpoena or summons,
see
4-41-21 NMSA 1978.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 41 - County Sheriff › Section 4-41-19 - County peace officers and constables; mileage; conditions.

A. Peace officers and constables shall be allowed mileage or the distance actually and necessarily traveled by privately owned conveyance in serving any judicial process.
B. In serving any jury venire, a sheriff, deputy sheriff, constables [constable] or other county peace officer shall charge for the actual mileage traveled and necessary in providing service of jury venire.
C. If more than one peace officer or constable travels in one privately owned conveyance in the performance of official business, only the officer owning the conveyance used shall be reimbursed.
History:
1953 Comp., § 15-40-21.1, enacted by Laws 1961, ch. 253, § 2; 1963, ch. 9, § 1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For charge for service of more than one subpoena or summons,
see
4-41-21 NMSA 1978.
For payment of per diem expenses of sheriffs, deputy sheriffs and guards for serving process and other official business,
see
4-44-18 NMSA 1978.
For collection and disposition of fees, commissions, mileage and per diem,
see
4-44-28, 4-44-29 NMSA 1978.
Sheriff could not collect from the county service fees and mileage
for the service of process issued on behalf of the county or state.
State ex rel. Peck v. Velarde
, 1935-NMSC-033, 39 N.M. 179, 43 P.2d 377 (decision under former law).
The state and its agencies are required to pay the statutory fees
for service of process. 1979 Op. Att'y Gen. No. 79-29.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 70 Am. Jur. 2d Sheriffs, Police, and Constables § 89.
80 C.J.S. Sheriffs and Constables §§ 498 to 500.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 41 - County Sheriff › Section 4-41-20 - Sheriffs, deputy sheriffs and other county peace officers; public transportation; reimbursement.

Whenever a sheriff, deputy sheriff or other county peace officer utilizes public transportation in the performance of any official business within or without the state he shall be reimbursed for the actual cost of the fare and shall not be paid mileage. The mode of public transportation used shall be the most economical possible, considering all the expenses and circumstances.
History:
1953 Comp., § 15-40-21.2, enacted by Laws 1961, ch. 253, § 3.
ANNOTATIONS
Cross references.
— For payment of per diem expenses of sheriffs, deputy sheriffs and guards for serving process and other official business,
see
4-44-18 NMSA 1978.
For collection and disposition of fees, commissions, mileage and per diem,
see
4-44-28, 4-44-29 NMSA 1978.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 41 - County Sheriff › Section 4-41-21 - [More than one subpoena, summons or prisoner; no extra charge.]

It is distinctly provided that when more than one subpoena or summons or service is made or performed upon more than one person in the same town or place, or when more than one prisoner is conducted from one place to another, the sheriff shall not charge more nor receive any mileage in excess of that which he would be entitled to for serving one subpoena in such place, or conducting one prisoner from one place to another: and provided, further, that in service of subpoena or summons in more than one town or place along the same route, the sheriff shall not be entitled to any greater mileage than that of the most distant point actually and necessarily traveled to in the discharge of his duties, with the additional mileage earned in actual and necessary travel from, and in returning to, the place of departure from any general route as aforesaid.
History:
Laws 1895, ch. 35, § 6; C.L. 1897, § 1804; Code 1915, § 1272; C.S. 1929, § 33-4428; 1941 Comp., § 15-3822; 1953 Comp., § 15-40-22.
ANNOTATIONS
Compiler's notes.
— The 1915 Code compilers deleted provisions at the beginning of this section which provided "mileage at the rate of 12 1/2 cents per mile" for serving process and transporting prisoners and "one dollar per day for feeding prisoners while en route to the penitentiary." Apparently, the omitted provisions were superseded by Laws 1897, ch. 60, § 11(10), compiled as 15-40-21, 1953 Comp. (repealed by Laws 1961, ch. 253, § 9) and Laws 1897, ch. 60, § 12(11), compiled as 15-43-11, 1953 Comp. (repealed by Laws 1961, ch. 253, § 9).
See
4-41-19, 4-41-20, 4-44-18 NMSA 1978.
See also
4-44-28, 4-44-29 NMSA 1978.
Cross references.
— For reimbursement of county peace officers and constables for mileage traveled by private conveyances in serving judicial process,
see
4-41-19 NMSA 1978.
For payment of per diem expenses of sheriffs, deputy sheriffs and guards for serving process and other official business,
see
4-44-18 NMSA 1978.
For collection and disposition of fees, commission, mileage and per diem,
see
4-44-28, 4-44-29 NMSA 1978.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 41 - County Sheriff › Section 4-41-22 - [Other fees.]

For all other services and expenses, except those mentioned in this article, the sheriff shall receive the fees and compensation fixed by law for such services and expenses.
History:
Laws 1895, ch. 35, § 8; C.L. 1897, § 1806; Code 1915, § 1273; C.S. 1929, § 33-4429; 1941 Comp., § 15-3823; 1953 Comp., § 15-40-23.
ANNOTATIONS
Compiler's notes.
— The words "this article" were substituted for the words "this act" by the 1915 compilers and refer to art. 37 of ch. 24 of the 1915 Code. The words "this act" would refer to Laws 1895, ch. 35, which is compiled herein as this section, 4-41-15 to 4-41-18 and 4-41-21 NMSA 1978.
Cross references.
— For collection and disposition of fees, commissions, mileage and per diem,
see
4-44-28, 4-44-29 NMSA 1978.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 42 - County Surveyor › Section 4-42-1 - County surveyor.

The elected office of county surveyor is abolished.
History:
Laws 1891, ch. 33, § 1; C.L. 1897, § 785; Code 1915, § 1287; C.S. 1929, § 33-4901; 1941 Comp., § 15-3901; 1953 Comp., § 15-41-1; Laws 1967, ch. 238, § 4; 2011, ch. 56, § 3.
ANNOTATIONS
Cross references.
— For salaries of county surveyors,
see
4-44-4 to 4-44-15 NMSA 1978.
For oath and bond of county officers,
see
10-1-13 NMSA 1978.
For adoption of coordinate system,
see
47-1-49 NMSA 1978 et seq.
For registration of professional land surveyors,
see
61-23-5 NMSA 1978 et seq.
The 2011 amendment,
effective December 31, 2012, abolished the position of county surveyor.
Section does not violate N.M. Const., art. VII, § 2,
by requiring county surveyors to be practical land surveyors. 1968 Op. Att'y Gen. No. 68-114.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Mistake in, or misrepresentation as to accuracy of, survey of real property, surveyor's liability for, 35 A.L.R.3d 504.
80 C.J.S. Counties §§ 177, 272.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 42 - County Surveyor › Section 4-42-2 - Repealed.

History:
Laws 1891, ch. 33, § 3; C.L. 1897, § 787; Code 1915, § 1289; C.S. 1929, § 33-4903; 1941 Comp., § 15-3903; 1953 Comp., § 15-41-3; repealed by Laws 2011, ch. 56, § 29.
ANNOTATIONS
Repeals.
— Laws 2011, ch. 56, § 29 repealed 4-42-2 NMSA 1978, as enacted by Laws 1891, ch. 33, § 3, relating to injuries by surveyors, effective December 31, 2012. For provisions of former section,
see
the 2011 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 42 - County Surveyor › Section 4-42-3 - Licensed professional surveyor; inquiry as to boundaries; oath to witnesses; report.

When a licensed professional surveyor appointed by the board of county commissioners is called upon to make any survey that is to be used in any court, the surveyor is hereby authorized and required, upon application of either party, to administer an oath or affirmation to any witness who may be brought to prove any corner or line of that survey or any natural or artificial object or mark that may be necessary to identify the same, which testimony shall be reduced to writing and subscribed by the witness and a return made thereof with the return of the surveyor.
History:
Laws 1891, ch. 33, § 4; C.L. 1897, § 783; Code 1915, § 1290; C.S. 1929, § 33-4904; 1941 Comp., § 15-3904; 1953 Comp., § 15-41-4; 2011, ch. 56, § 4.
ANNOTATIONS
The 2011 amendment,
effective December 31, 2012, required that licensed professional surveyors be used to make surveys.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 42 - County Surveyor › Section 4-42-4 - Licensed professional surveyor; office and records.

A licensed professional surveyor appointed by the board of county commissioners shall keep two books of records that shall be furnished the surveyor by the board of county commissioners for that purpose, which books the surveyor shall transmit to the surveyor's successor in office. One book shall contain the calculations by latitudes and departures of all surveys made by the surveyor or the surveyor's deputies, and each calculation shall have a corresponding number with the plat and field notes to which it refers in the book of records. The other book shall be a book of records and so constituted as to have the left page for diagrams and plats and the right page for notes and remarks, and each diagram and plat shall be numbered progressively. The field notes of the survey so recorded shall contain a full statement of the surveys, with the variations of the magnetic needle, length of lines and location of corners, with description of such corners and description of all witness trees and other marks used as witness marks for such corners, with size, distance and course.
History:
Laws 1891, ch. 33, § 5; C.L. 1897, § 789; Code 1915, § 1291; C.S. 1929, § 33-4905; 1941 Comp., § 15-3905; 1953 Comp., § 15-41-5; 2011, ch. 56, § 5.
ANNOTATIONS
Cross references.
— For furnishing of stationery, postage and office supplies by board of county commissioners generally,
see
4-44-33 NMSA 1978.
For keeping of offices of county officers at county seat,
see
4-44-34 NMSA 1978.
For delivery by public officers of law books, records and documents to successors,
see
10-17-5 NMSA 1978.
The 2011 amendment,
effective December 31, 2012, required licensed professional surveyors appointed by a board of county commissioners to keep two books of records.
The board of county commissioners may furnish quarters to county surveyor
in its discretion if same are available, but the board is under no duty to provide him with telephone or stationery, although his necessary official telephone calls and stationery should be allowed by the board. 1933 Op. Att'y Gen. No. 33-554.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 42 - County Surveyor › Section 4-42-5 - Licensed professional surveyor; latitudes and departures; following United States instructions.

All calculations to ascertain the contents of a tract of land by a licensed professional surveyor appointed by the board of county commissioners shall be made by latitudes and departures, and on each plat shall be laid down the variations of the magnetic needle from the true meridian. In reestablishing missing corners, the county surveyor shall establish said corners in strict accordance with the manual of instructions of the United States to the United States deputy surveyors.
History:
Laws 1891, ch. 33, § 6; C.L. 1897, § 790; Code 1915, § 1292; C.S. 1929, § 33-4906; 1941 Comp., § 15-3906; 1953 Comp., § 15-41-6; 2011, ch. 56, § 6.
ANNOTATIONS
The 2011 amendment,
effective December 31, 2012, required that licensed professional surveyors perform the work required by this section.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 42 - County Surveyor › Section 4-42-6 - Licensed professional surveyor; interference with.

If a licensed professional surveyor appointed by the board of county commissioners shall be molested or prevented from doing or performing any of the surveyor's official duties by means of threats or improper interference of any person, the surveyor shall call on the sheriff or other peace officer of the county, who shall accompany the surveyor and afford the surveyor all necessary protection against any person thus threatening or improperly interfering with the surveyor while performing official duties. The person so offending shall, on conviction thereof before any court of competent jurisdiction, be fined in a sum not less than five dollars ($5.00) nor exceeding one hundred dollars ($100) and be liable for all damages caused to any person by the hindrance of the surveyor and for all the expenses that may accrue in consequence of the attendance of the sheriff or officer and the delay of the surveyor.
History:
Laws 1891, ch. 33, § 7; C.L. 1897, § 791; Code 1915, § 1293; C.S. 1929, § 33-4907; 1941 Comp., § 15-3907; 1953 Comp., § 15-41-7; 2011, ch. 56, § 7.
ANNOTATIONS
Cross references.
— For right of surveyor to enter private lands,
see
61-23-30 NMSA 1978.
The 2011 amendment,
effective December 31, 2012, authorized licensed professional surveyors appointed by boards of county commissioners to call upon local police officers if the surveyor is molested or prevented from performing the surveyor's official duties.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 42 - County Surveyor › Section 4-42-7 - Fees; purchase of plats of United States surveys; admissibility of certified copies of surveys as evidence; filing copy of surveys.

The expense of the chain carriers and corner man shall be paid in advance, if required by a licensed professional surveyor appointed by the board of county commissioners or the surveyor's deputy, by the party on whose application the survey may be made, and the money so advanced shall be accounted for by the surveyor, and the amount expended to be taxed on the bill of costs. However, each surveyor may retain the return of any survey made by the surveyor until the surveyor is paid the fee established by law and may collect fees by action. The board of county commissioners of each county in this state, at its discretion, may procure copies, duly certified by the surveyor general to be correct, of the field notes and plats of the original surveys by the United States of the lands of its county, and the board shall bind the plats and field notes each substantially in book form and keep them in the county clerk's office for the benefit of the public. The certificate of the licensed professional surveyor appointed by the board of county commissioners or any of the surveyor's deputies as to the correctness or accuracy of any survey, plat or field notes made by the surveyor or any certified copy of them shall be admitted as legal evidence in any court of the state, but only when the surveyor is dead or when it is impossible to obtain the surveyor's evidence either by the surveyor's personal attendance or by means of a deposition taken according to law. This evidence may be explained or rebutted by other evidence. The licensed professional surveyors appointed by the boards of county commissioners of the different counties of this state may administer all oaths or affirmations necessary to be administered to road viewers and for all other purposes necessary to the discharge of their official duties. A copy of all surveys shall be filed with the county clerk by the surveyor.
History:
Laws 1891, ch. 33, § 8; C.L. 1897, § 792; Code 1915, § 1294; C.S. 1929, § 33-4908; 1941 Comp., § 15-3908; Laws 1943, ch. 43, § 1; 1953 Comp., § 15-41-8; Laws 1969, ch. 219, § 2; 2011, ch. 56, § 8.
ANNOTATIONS
Cross references.
— For authority of surveyor to administer oath or affirmation to witnesses brought to prove surveys for use in court,
see
4-42-3 NMSA 1978.
For admissibility of survey books in evidence,
see
4-42-12 NMSA 1978.
For collection and disposition of fees, commissions, mileage and per diem,
see
4-44-28, 4-44-29 NMSA 1978.
The 2011 amendment,
effective December 31, 2012, authorized counties to prepay chain carriers and corner men if required by a licensed professional surveyor appointed by the board of county commissioners; provided for the admission into evidence of certificates of correctness or accuracy of surveys if the surveyor is deceased or unavailable; and authorized licensed professional surveyors appointed by boards of county commissioners to administer oaths or affirmations by road viewers.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 42 - County Surveyor › Section 4-42-8 - Survey of lands divided by county line.

Any person owning or claiming lands divided by a county line and wishing to have the lands surveyed may apply to a licensed professional surveyor appointed by the board of county commissioners of any county in which any part of the land is situate, and, on such application being made, the surveyor is authorized to make a survey, which shall be as valid as though the lands were situate entirely in one county.
History:
Laws 1891, ch. 33, § 9; C.L. 1897, § 793; Code 1915, § 1295; C.S. 1929, § 33-4909; 1941 Comp., § 15-3909; 1953 Comp., § 15-41-9; 2011, ch. 56, § 9.
ANNOTATIONS
The 2011 amendment,
effective December 31, 2012, authorized licensed professional surveyors appointed by a board of county commissioners to survey land divided by a county line.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 42 - County Surveyor › Section 4-42-9 - Establishing county line; joint survey.

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