2020 New Mexico Statutes
Chapter 4 - Counties
Article 45 - Accounts and Claims Against Counties
Section 4-45-4 - County orders for payment from treasury; form and signature.

County orders shall be signed by the chairman of the board of county commissioners or his designee and attested by the county clerk and shall specify the nature of the claim of service for which they were issued, and the money shall be paid from the county treasury on such orders and not otherwise. Money may be paid from the county treasury by check or warrant. If money is paid by check, the check must be signed by the chairman of the board of county commissioners or his designee and the county treasurer.

History: Laws 1876, ch. 1, § 21; C.L. 1884, § 352; C.L. 1897, § 670; Code 1915, § 1223; C.S. 1929, § 33-4237; 1941 Comp., § 15-4204; 1953 Comp., § 15-44-4; Laws 2001, ch. 147, § 2.

Cross references. — For unauthorized issuance by county commissioners of order for payment of money, see 4-38-29 NMSA 1978.

For duties of county clerk as to orders for payment of money, see 4-40-4, 4-40-6 NMSA 1978.

The 2001 amendment, effective June 15, 2001, inserted the section heading; inserted "of the board of county commissioners or his designee" and the last two sentences in the section text.

Statutory duties of county clerk are ministerial and are intended only to insure the regularity of county fiscal procedures. 1979 Op. Att'y Gen. No. 79-33.

County funds may be distributed only on the order of the county commissioners, and may not be granted to the county health department to be distributed by warrants of the county health officer (now district health officer). 1921 Op. Att'y Gen. No. 21-2936.