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2018 New Mexico Statutes
Chapter 4 - Counties
Article 40 - County Clerk
Section 4-40-3 - Duties; ex-officio clerk of board of county commissioners.]

Universal Citation: NM Stat § 4-40-3 (2018)
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4-40-3. Duties; ex-officio clerk of board of county commissioners.]

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 required by law, under the direction of the county commissioners.

History: Laws 1876, ch. 1, § 19; C.L. 1884, § 350; C.L. 1897, § 678; Code 1915, § 1235; C.S. 1929, § 33-4301; 1941 Comp., § 15-3704; 1953 Comp., § 15-39-4.

ANNOTATIONS

Compiler's notes. — Under N.M. Const., art. VI, § 22, the county clerk is designated as clerk of the district court and clerk of the probate court until otherwise provided by law. After July 1, 1969, judges of the district courts are authorized and empowered to appoint clerks. See 34-6-19 NMSA 1978.

Cross references. — For duties pertaining to change of precinct boundaries, see 4-38-23 NMSA 1978.

For filing of surveys with county clerk, see 4-42-7 NMSA 1978.

For duties pertaining to accounts and claims against county, see 4-45-3 NMSA 1978 et seq.

For maintenance of record of vouchers filed by county flood commissioner, see 4-50-6 NMSA 1978.

For duties pertaining to recording of documents, see 14-8-1, 14-8-2, 14-8-6, 14-8-9 NMSA 1978.

For duties of probate clerks, see 34-7-14 NMSA 1978 et seq.

For deputy probate clerks, see 34-7-22 NMSA 1978 et seq.

For duties pertaining to filing and vacation of subdivision plats, see 47-6-6, 47-6-7 NMSA 1978.

For filing or recording with clerk of public utilities instruments, see 62-13-9, 62-13-11, 62-13-12 NMSA 1978.

For deposit of money received from sale of trespassing animal in irrigation district, see 77-14-22 NMSA 1978.

Purpose of this section is not to confer validity on meetings of the county commissioners but to provide the board with a clerk to keep its records. 1973 Op. Att'y Gen. No. 73-56.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Liability of clerk of court, county clerk or prothonotary, or surety on bond, for negligent or wrongful acts of deputies or assistants, 71 A.L.R.2d 1140.

20 C.J.S. Counties § 130.

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