2018 New Mexico Statutes
Chapter 4 - Counties
Article 38 - Board of County Commissioners
Section 4-38-28 - Payments without authority; liability of commissioners.]

All moneys, county warrants or other indebtedness paid out or ordered to be paid out by any of the said county commissioners before mentioned, without authority of law, each and every county commissioner so doing shall be liable for and to the county for the amount so by them paid out without authority of law and all the costs and expenses incurred in the recovery of such money, which amount shall be collected and recovered in a suit before the district court, and upon the said bond, in the same manner as other actions.

History: Laws 1887, ch. 8, § 2; C.L. 1897, § 697; Code 1915, § 1215; C.S. 1929, § 33-4229; 1941 Comp., § 15-3525; 1953 Comp., § 15-37-27.

Cross references. — For use of certified copy in action on bond of public officer, see 10-2-10 NMSA 1978.

Sheriff's telephone bills. — Because the board of county commissioners may be liable for any payments they order made if the payments are not authorized by law, the board may require the county sheriff to itemize and verify telephone bills for his office in order for the board to protect itself. 1963-64 Op. Att'y Gen. No. 63-142.

Returning portion of saloonkeepers license money. — Action of board of county commissioners in returning to saloonkeepers portions of license money because the saloons had been closed by injunction was without authority of law. 1909-12 Op. Att'y Gen. 31.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 56 Am. Jur. 2d Municipal Corporations, Counties, and Other Political Subdivisions § 539.

20 C.J.S. Counties §§ 199 to 201, 137 to 141.