2019 New Mexico Statutes
Chapter 6 - Public Finances
Article 6 - Local Government Finances
Section 6-6-14 - [Insufficient funds; prorating salaries and claims; preference for expense of boarding prisoners.]

In the event that there is an insufficient amount of money collected during any current year with which to pay for the services, fees and salaries of the several officers mentioned in Section 6-6-13 NMSA 1978, then and in that event the said officers and all creditors shall receive in full payment of their respective claims each his pro rata share of the money collected, and the payment of said pro rata part shall be made quarterly between all officers and creditors and in the event of an insufficient amount of money to pay in full for any one quarter the officers and creditors remaining unpaid shall not be paid that amount until the salaries and expenses of the next succeeding quarter or quarters shall have been paid, and in the event all the officers and creditors of any one quarter shall have been paid in full and there then remains any money for the current year, the same shall then be distributed pro rata among the said officers and creditors: provided, that all the actual expenses for boarding county prisoners shall be paid in full befor [before] any bill, fees or salaries are paid and before any pro rata is made, and such expenses may be paid at the expiration of each and every quarter.

History: Laws 1897, ch. 42, § 17; C.L. 1897, § 301; Laws 1901, ch. 36, § 1; Code 1915, § 1229; C.S. 1929, § 33-4243; 1941 Comp., § 7-609; 1953 Comp., § 11-6-8.

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

Applicability of section. — The limitation of this section applies to debts created for necessities such as water and lights for use at a courthouse or others which may be arbitrarily placed against a county, as well as those of voluntary creation. Santa Fe Water & Light Co. v. Santa Fe Cnty., 1924-NMSC-028, 29 N.M. 538, 224 P. 402.

Judgment may not be rendered where complaint shows funds not available to pay claim. — Section 6-6-11 NMSA 1978 does not permit the rendition of a judgment against a county for current expenses, where the complaint showed on its face that the claim on which the judgment was sought had been allowed by the county commissioners, and payment was denied or refused because there were no funds for the payment of the claim. Optic Publ'g Co. v. Board of Comm'rs, 1921-NMSC-088, 27 N.M. 371, 202 P. 124.

Payment of county officer's salary for half year. — A county officer's salary for a half year should be paid in full if there is a balance sufficient to cover it. Territory ex rel. Clancy v. Board of Cnty. Comm'rs, 1905-NMSC-013, 13 N.M. 89, 79 P. 709.

Available salary fund to be apportioned pro rata among all. — The available salary fund should be apportioned pro rata among all as the law directs, if, when supplemented by the current expense fund, there is a deficiency. Taylor v. Board of Comm'rs, 1940-NMSC-064, 44 N.M. 605, 107 P.2d 121.

Outstanding warrants may be paid only from money allocated for year in which contracted. — Outstanding town warrants, if valid, are to be paid by the money allocated for such expenses of the year for which contracted. Warrants for the current year, if funds are insufficient, should be paid pro rata. 1913 Op. Att'y Gen. No. 13-1001.

Law reviews. — For article, "Prisoners Are People," see 10 Nat. Resources J. 869 (1970).