2020 New Mexico Statutes
Chapter 4 - Counties
Article 44 - Salaries and Provisions Applicable to More Than One Office
Section 4-44-34 - Officers to keep office at county seat.

That all county officers of the various counties in New Mexico shall establish and maintain their offices and headquarters for the transaction of the business of their respective offices at the county seat of their respective counties and shall there keep all the books, papers and official records pertaining to their respective offices; provided, that such offices shall be provided for such officers at the expense of the respective counties.

History: Laws 1903, ch. 38, § 1; 1907, ch. 87, § 1; Code 1915, § 1129; C.S. 1929, § 33-3401; Laws 1939, ch. 59, § 1; 1941 Comp., § 15-4126; 1953 Comp., § 15-43-29.

Cross references. — For duty of county officers pertaining to removal of offices to new county seat, see 4-34-4 NMSA 1978.

For requirement that county surveyor keep office at county seat, see 4-42-4 NMSA 1978.

For requirement that clerk for probate court have office at county seat, see 34-7-4 NMSA 1978.

The 1907 amendment of this section did not have the effect of repealing 4-34-4 NMSA 1978 relating to duties of officers on removal to new county seat. Territory ex rel. White v. Riggle, 1911-NMSC-074, 16 N.M. 713, 120 P. 318.

When removal of offices and books to new county seat required. — In case of removal to a new county seat, officers are not required to remove offices and books before a courthouse and jail are completed. Territory ex rel. White v. Riggle, 1911-NMSC-074, 16 N.M. 713, 120 P. 318.

Courthouse must be built on property within the county seat. 1967 Op. Att'y Gen. No. 67-61.

Office hours. — A county commission may set the hours that offices of other elected county officials must stay open. 1990 Op. Att'y Gen. No. 90-05.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 20 C.J.S. Counties § 128.