2019 New Mexico Statutes
Chapter 6 - Public Finances
Article 10 - Public Money
Section 6-10-59 - Loss or destruction of state or political subdivision warrant or order for money; issue of duplicate.

Universal Citation: NM Stat § 6-10-59 (2019)

In case of the loss or destruction of any warrant, draft, check or order for the payment of money out of the treasury of the state, or of any political subdivision of the state, the officer who drew the original instrument, or his successors in office, shall issue a duplicate as provided in Section 6-10-60 NMSA 1978.

History: Laws 1874, ch. 20, § 1; C.L. 1884, § 187; C.L. 1897, § 399; Code 1915, § 791; C.S. 1929, § 27-303; 1941 Comp., § 7-242; 1953 Comp., § 11-2-45; Laws 1965, ch. 50, § 1.

ANNOTATIONS

State or county obligated to pay debt when warrant lost. — Where a state or county warrant is issued in payment of a debt and that warrant is lost, the county or state is under some form of duty to pay the debt. 1956 Op. Att'y Gen. No. 56-6450.

Lost warrants must be issued in name of original payee. 1966 Op. Att'y Gen. No. 66-10.

Owner of negotiable bond entitled to duplicate, but must pay cost of issuance. — The owner of a negotiable bond or coupon is generally entitled to the issuance of a duplicate thereof, where he has satisfactorily shown by affidavit to the county issuing authority that such negotiable security has been in fact lost, mutilated or destroyed. The claimant should pay the county the reasonable expense of issuing the duplicate. 1962 Op. Att'y Gen. No. 62-139.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 20 C.J.S. Counties §§ 208 to 217; 64 C.J.S. Municipal Corporations §§ 1892, 1893; 79 C.J.S. Schools and School Districts §§ 346, 347; 81A C.J.S. States §§ 242, 243.

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