2018 New Mexico Statutes
Chapter 61 - Professional and Occupational Licenses
Article 16 - Auctions
Section 61-16-2 - Puffing; illegal fees; penalty; civil liability.]
Any person whether as auctioneer or as a puffer of any auctioneer who shall violate the provisions of this chapter, shall be deemed guilty of a misdemeanor, and on conviction before any justice of the peace [magistrate] of the precinct where the offense shall have been committed, shall be fined in a sum not less than twenty-five [$25.00] nor more than fifty dollars [$50.00] and costs of prosecution, or by imprisonment in the county jail for no less than thirty days, and besides such person shall be bound to the person bidding at any such public auction and injured by the unlawful bidding of the auctioneer or his puffers in double the amount of the price of the articles such person bade on, to be recovered by civil action.
History: Laws 1889, ch. 95, § 2; C.L. 1897, § 1291; Code 1915, § 378; C.S. 1929, § 10-102; 1941 Comp., § 51-1502; 1953 Comp., § 67-13-2.
Cross references. — For the establishment and organization of magistrate courts, see 35-1-1 NMSA 1978 et seq.
Meaning of "this chapter". — The term "this chapter" apparently refers to Laws 1889, ch. 95, §§ 1 and 2, which are compiled as 61-16-1 and 61-16-2 NMSA 1978.
Abolishment of office of justice of the peace. — The office of justice of the peace has been abolished by 35-1-38 NMSA 1978, and the jurisdiction, powers and duties conferred by law upon justices of the peace transferred to the magistrate courts. See N.M. Const., art. VI, § 31.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 7 Am. Jur. 2d Auctions and Auctioneers §§ 29, 30, 77, 81, 82, 86.
7A C.J.S. Auctions and Auctioneers §§ 23, 25, 27.
