Chapter 4 — Chapter 4

taxation and revenue may cause to be instituted; district attorney; attorney general. A. The secretary of taxation and revenue may, if grounds appear therefor, cause removal proceedings to be instituted against any assessor by the district attorney for the county for which the as…

ANNOTATIONS Repeals. — Laws 1995, ch. 12, § 15 repealed 4-39-7 NMSA 1978, as enacted by Laws 1955, ch. 176, § 6, relating to construction of the law on removal proceedings against assessors, effective June 16, 1995. For provision of former section, see the 1994 NMSA 1978 on NMOne…

ANNOTATIONS Repeals. — Laws 1993, ch. 119, § 2 repealed 4-40-1 NMSA 1978, as enacted by Laws 1868-1869, ch. 36, § 1, providing for the election of a county clerk and treasurer, effective June 18, 1993.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. F…

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 d…

The county clerk of each county shall, before entering upon the duties of his office and within ten days after the first day of January following his election, execute a bond to the state of New Mexico, in the penal sum of ten thousand dollars [($10,000)], with sufficient suretie…

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…

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 …

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…

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 ke…

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…

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, sh…

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…

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. …

All sheriffs shall at all times be considered as in the discharge of their duties and be allowed to carry arms on their persons. On the appointment of any regular or permanent deputy sheriff, it shall be the duty of the sheriff to file one notice of the appointment in the office …

Notwithstanding anything contained herein to the contrary, only fully certified sheriffs and full-time certified deputy sheriffs shall be allowed to carry concealed arms. History: Laws 1983, ch. 182, § 2.

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 …

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…

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…

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 …

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 muni…

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-…

commissioners; hearing before judges. A. The sheriffs of this state shall be allowed, except from the state or any state agency, the following fees and compensations: (1) for serving every writ, citation, order, subpoena or summons, not more than forty dollars ($40.00); (2) for e…

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…

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, § 180…

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 …

The sheriff shall be conservator of the peace within his county; shall suppress assaults and batteries, and apprehend and commit to jail, all felons and traitors, and cause all offenders to keep the peace and to appear at the next term of the court and answer such charges as may …

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 pa…

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…

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., §…

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…

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 convicti…

The sheriffs in all the counties of this state shall have power to appoint deputies, who shall remain in office at the pleasure of such sheriffs; except that in counties which have established a merit system by ordinance, the provisions of the ordinance shall control the demotion…

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 d…

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 sherif…

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…

Deputies are authorized to discharge all the duties that belong to the office of sheriff that may be placed under their charge by their principals, with the same effect as though they were executed by the respective sheriffs. If there is a vacancy in the office of sheriff, the hi…

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.

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…

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.

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 eviden…

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 …

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…

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 aut…

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.

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 oa…

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 offic…

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 …

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 o…

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…

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 …