2020 New Mexico Statutes
Chapter 4 - Counties
Article 11 - Harding County
Section 4-11-3 - [Bonds for courthouse and jail.]

The county of Harding may issue bonds for courthouse and jail purposes to an amount not exceeding twenty-five thousand ($25,000) dollars, which bonds shall be issued in the manner as provided by the constitution and the laws of the state of New Mexico, payable absolutely thirty years from their date, and, at the option of the county, twenty years from their date.

History: Laws 1921, ch. 48, § 18; C.S. 1929, § 33-1018; 1941 Comp., § 15-1004; 1953 Comp., § 15-11-4.

Compiler's notes. — Laws 1921, ch. 48, §§ 19 and 20 provided for the creation of a county high school. Such provision was held unconstitutional in State ex rel. Bd. of Educ. v. Saint, 28 N.M. 165, 210 P. 573 (1922).

Cross references. — For bonds for courthouses, jails, bridges, hospitals and libraries, see 4-49-1 NMSA 1978 et seq.

For state, county and municipal indebtedness, see N.M. Const., art. IX, § 1 et seq.

Constitutionality. — This section is not a violation of N.M. Const., art. IV, § 24, prohibiting special legislation. Martinez v. Gallegos, 1922-NMSC-053, 28 N.M. 170, 210 P. 575.

Issuance of bonds without election. — This section authorizes the county created to issue bonds for courthouse and jail purposes without submission to a vote of the people as required by N.M. Const., art. IX, § 10. Martinez v. Gallegos, 1922-NMSC-053, 28 N.M. 170, 210 P. 575.

Parties bound by judgment in suit relating to bonds. — Where suit was brought to determine rights under this section by a qualified citizen in behalf of himself and others similarly situated, all such other citizens were parties by representation and were bound by the judgment as to matters litigated or which might have been litigated, the same as actual parties to the record, regardless of whether they had actual notice of the pendency of the suit. Floersheim v. Board of Comm'rs, 1922-NMSC-070, 28 N.M. 330, 212 P. 451.

Action to enjoin issuance of bonds barred by former adjudication. — Where the allegations of a complaint to enjoin the issue of certain bonds did not state a new or different cause of action from those pleaded in a former adjudication of the same matter, in which all interested parties were joined by representation, the suit was barred by former adjudication. Floersheim v. Board of Comm'rs, 1922-NMSC-070, 28 N.M. 330, 212 P. 451.