2011 New Mexico Statutes
Chapter 44: Miscellaneous Civil Law Matters
Article 1: Habeas Corpus, 44-1-1 through 44-1-38
Section 44-1-32: Who may serve writ; tender of fees; bond for costs and restoration of prisoner.
44-1-32. [Who may serve writ; tender of fees; bond for costs and restoration of prisoner.]
It can only be served by an elector of this state, and the service thereof shall not be deemed complete unless the party serving the same tenders to the person in whose custody the prisoner is, if such person is a sheriff, constable or marshal, the fees allowed by law for bringing up such prisoner. The officer granting the writ may, in his discretion, require a bond in a penalty not exceeding one thousand dollars [($1,000)], with sufficient sureties, conditioned that the obligators will pay all costs and expenses of the proceeding, and the reasonable charges of restoring the prisoner to the person from whose custody he was taken, if he is remanded. Such bond shall run to the sheriff of the county and be filed in the office of the clerk of the court from which the writ issues.
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