2018 New Mexico Statutes
Chapter 10 - Public Officers and Employees
Article 2 - Bonds
Section 10-2-1 - Sureties on bonds; qualifications.]
No bond of any public officer of this state executed by any individual, or firm as surety, shall be accepted or approved unless the persons or firm executing the same shall be the owners of unencumbered real estate or personal property in this state to an amount equal to the amount for which they respectively qualify on such bonds.
History: Laws 1909, ch. 122, § 2; Code 1915, § 511; C.S. 1929, § 17-107; 1941 Comp., § 10-201; 1953 Comp., § 5-2-1.
Cross references. — For amount of bonds of state, county, and municipal treasurers, see 6-10-38 NMSA 1978.
For supreme court law library, librarian, bond, see 18-1-8 NMSA 1978.
For commissioner of public lands, bond, see 19-1-4 NMSA 1978.
For corporation as surety on bond, see 46-6-1 NMSA 1978.
Elements of public office. — Five elements are indispensable in any position of public employment, in order to make it a public office of a civil nature: (1) It must be created by the constitution or by the legislature or created by a municipality or other body through authority conferred by the legislature; (2) it must possess a delegation of a portion of the sovereign power of government, to be exercised for the benefit of the public; (3) the powers conferred, and the duties to be discharged, must be defined, directly or impliedly, by the legislature or through legislative authority; (4) the duties must be performed independently and without control of a superior power, other than the law, unless they be those of an inferior or subordinate office, created or authorized by the legislature, and by it placed under the general control of a superior officer or body; (5) it must have some permanency and continuity, and not be only temporary or occasional. In addition, in this state, an officer must take and file an official oath, hold a commission or other written authority, and give an official bond, if the latter be required by proper authority. 1955-56 Op. Att'y Gen. No. 56-6396.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 63A Am. Jur. 2d Public Officers and Employees §§ 487 to 566.
67 C.J.S. Officers and Public Employees § 47.
