2020 New Mexico Statutes
Chapter 4 - Counties
Article 43 - County Treasurer
Section 4-43-4 - [Settlement of accounts upon turning over office to successor; duty of county commissioners.]
When a county collector goes out of office he shall make a full and complete settlement with the board of county commissioners, and deliver up in the presence of the county clerk all books, papers, money and all other property appertaining to the office, to his successor, taking his receipt therefor. The board of county commissioners shall make a statement, so far as state revenue is concerned, to the state auditor, showing all charges for whatsoever purposes which have been created against the collector during his term of office, and all credits that have been made, and other unfinished business charged over to his successor, and the amount of money paid over to his successor, showing to what year and to what accounts the amount so paid over belongs. They shall also see that the books of the collector are correctly balanced before passing into the possession of the collector-elect.
History: Laws 1882, ch. 62, § 95; C.L. 1884, § 2900; C.L. 1897, § 4108; Code 1915, § 1283; C.S. 1929, § 33-4506; 1941 Comp., § 15-4005; 1953 Comp., § 15-42-5.
ANNOTATIONSCross references. — For delivery of law books, records and documents to successors, see 10-17-5 NMSA 1978.
The substance of the act required is the payment over by the outgoing to the incoming treasurer, and the board in the presence of the county clerk; the obligation so defined is a continuing one which survives until fully performed, and implies the authority of the incoming treasurer to demand what he alone has the right to receive. State v. Davisson, 1923-NMSC-045, 28 N.M. 653, 217 P. 240.
Settlement looks to security of county finances. — The manner in which settlement is directed to be made under this section looks only to the security of county finances. State v. Davisson, 1923-NMSC-045, 28 N.M. 653, 217 P. 240.
