2019 New Mexico Statutes
Chapter 46 - Fiduciaries and Trusts
Article 6 - Surety Bonds
Section 46-6-2 - Costs of bond; allowance to fiduciaries; costs in court action.

Any fiduciary not subject to the provisions of the Probate Code [Chapter 45 NMSA 1978], required by law or the order of any court or judge of this state, to give a bond or other obligation as such, may include as a part of the lawful expense of executing his trust such reasonable sum paid a company authorized under the laws of this state so to do, for becoming his surety on such bond as may be allowed by the court in which, or a judge before whom, he is required to account, not exceeding one percent per annum on [of] the amount of such bond; and in all actions and proceedings a party entitled to recover costs therein shall be allowed and may tax and recover such sum paid such a company for executing any bond, recognizance, undertaking, stipulation or other obligation therein not exceeding, however, one percent on the amount of such bond, recognizance, undertaking, stipulation or other obligation, during each year the same has been in force.

History: Laws 1899, ch. 41, § 2; Code 1915, § 507; C.S. 1929, § 17-103; 1941 Comp., § 28-103; 1953 Comp., § 28-1-3; Laws 1975, ch. 257, § 8-117.

This section makes a special provision for actions and proceedings and states specifically that it was not limited to the recovery of premiums paid by receivers and others acting in a fiduciary relation. Chrysler Credit Corp. v. Beagles Chrysler-Plymouth, 83 N.M. 272, 491 P.2d 160 (1971).

This section is general enough to include replevin bonds. Chrysler Credit Corp. v. Beagles Chrysler-Plymouth, 83 N.M. 272, 491 P.2d 160 (1971).

Premium on appeal bond is proper item to be taxed as costs. Chrysler Credit Corp. v. Beagles Chrysler-Plymouth, 83 N.M. 272, 491 P.2d 160 (1971).