2020 New Mexico Statutes
Chapter 4 - Counties
Article 44 - Salaries and Provisions Applicable to More Than One Office
Section 4-44-28 - [Collection of fees, commissions, mileage and per diem; accounts; payment to county treasurer.]

All county officers shall respectively charge and collect all fees, commissions, mileage and per diem heretofore and now, or which hereafter may be authorized by law to be charged and collected for official services rendered by them, and shall keep an accurate and itemized account thereof, and on or before the tenth day of each month pay the same over to the county treasurer of their respective counties, accompanying each remittance by a verified copy of the itemized account covered thereby, which verified copy shall be retained on file by said treasurer. All such county officers shall in like manner account for and pay over to the county treasurer of their respective counties, all such fees, commissions, mileage and per diem heretofore earned and hereafter collected for official services rendered by them from the respective dates when they qualified as such officers.

History: Laws 1915, ch. 12, § 8; C.S. 1929, § 33-3208; 1941 Comp., § 15-4113; 1953 Comp., § 15-43-16.

Cross references. — For disposition of fees collected by officers of H class counties, see 4-44-15 NMSA 1978.

For issuance of receipts for and maintenance of accounts as to moneys paid over by county officers, see 4-44-30 NMSA 1978.

For filing with county clerk of monthly statements of public moneys received and disbursed by county and precinct officers, see 10-17-4 NMSA 1978.

Section prohibits a county from collecting less than the prescribed fees. To hold otherwise would be to permit the county clerks, if they so desired, to charge nothing for service. The power to charge less than the prescribed fees, or not to charge at all, would be giving a county clerk the power to impair a source of county income. 1955 Op. Att'y Gen. No. 55-6242.

Mileage fees collected by sheriffs and deputies. — By law a sheriff and his deputies are required to collect certain fees under 4-41-16 NMSA 1978 from private individuals for performing prescribed services, and in connection with the performance of such duties a mileage fee may be imposed. These mileage fees are required under this section to be deposited into the county treasury. 1963 Op. Att'y Gen. No. 63-111.

Fees collected by sheriffs do not accrue to them personally but are deposited with the county treasurer. 1979 Op. Att'y Gen. No. 79-29.

Retention of fees by deputy sheriff. — Where a deputy sheriff receives a salary and even though he is appointed constable, he may not retain fees for services performed within his jurisdiction. 1945 Op. Att'y Gen. No. 45-4781.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 20 C.J.S. Counties § 134.