2018 New Mexico Statutes
Chapter 4 - Counties
Article 34 - Change of County Seats
Section 4-34-4 - Removal to new county seat; neglect of officer; misdemeanor; penalty.]

So soon as convenient buildings can be had at such new county seat the courts for said county shall be held therein, and so soon as the new courthouse and jail shall have been completed, the county commissioners shall cause all the county records, county offices and property pertaining thereto, and all county prisoners, to be removed to the new county seat. Any county commissioner or other county officer who shall neglect or refuse to carry out any of the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be fined in a sum not less than five hundred dollars [($500)] nor more than one thousand dollars [($1,000)], which fine may be collected by a suit on his official bond and shall be paid over to the county treasurer for the general county fund.

History: Laws 1897, ch. 6, § 4; C.L. 1897, § 633; Code 1915, § 1143; C.S. 1929, § 33-3504; 1941 Comp., § 15-3204; 1953 Comp., § 15-34-4.

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

Cross references. — For requirement that county surveyor keep office at county seat, see 4-42-4 NMSA 1978.

For requirement that county officers keep offices at county seat, see 4-44-34 NMSA 1978.

For requirement that clerk of probate court have office at county seat, see 34-7-4 NMSA 1978.

Section not repealed by 4-44-34 NMSA 1978. — This section was not made obsolete by the predecessor of current 4-44-34 NMSA 1978, amending the law relating to the duty of officers to keep office at the county seat. Territory ex rel. White v. Riggle, 1911-NMSC-074, 16 N.M. 713, 120 P. 318.

When removal 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.

A courthouse must be built on property within the county seat. 1967 Op. Att'y Gen. No. 67-61.

What materials need to be moved. — Where convenient buildings have been obtained at the new county seat for the purpose of holding court, the district court may and shall convene its sessions therein, but none of the other county offices, records or prisoners shall be removed to the new county seat until the courthouse and jail are completed, and this includes the probate office. 1936 Op. Att'y Gen. 36-1472.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Officer's failure or refusal to reside at county seat as neglect of duty punishable as offense, 134 A.L.R. 1256.