2021 New Mexico Statutes
Chapter 34 - Court Structure and Administration
Article 7 - Probate Courts
Section 34-7-15 - [Additional fees of clerk.]

In addition to the fees provided for in Section 1 [34-7-14 NMSA 1978] hereof, clerks of probate courts may charge the following fees:

for making an itemized bill of costs in any case, when demanded, fifty cents [($.50)];

for making and certifying to transcript of judgment, one dollar [($1.00)];

for taking an acknowledgment and affixing seal, fifty cents [($.50)], if but one person acknowledges, and twenty-five cents [($.25)] for each additional person;

for making copies of records or papers, ten cents [($.10)] per folio of one hundred words, for carbon copies three cents [($.03)] per folio;

for certificate and seal authenticating any paper as a true and correct copy, fifty cents [($.50)];

for making transcripts on appeal or certiorari to any court, and for certifying the same, such fees as are now provided by law; provided, however, that only fees for certification shall be charged where the transcript is prepared by the litigant himself.

History: Laws 1923, ch. 29, § 2; C.S. 1929, § 34-407; 1941 Comp., § 16-423; 1953 Comp., § 16-4-23.

Bracketed material. — The bracketed material in this section was inserted by the compiler. It was not enacted by the legislature and is not a part of the law.

Providing compensation, implies power to perform act. — Although the statute (Kearny Code, Fees, § 2, Comp., Laws 1865, ch. 46, § 2, Comp. Laws 1884, § 1251), did not confer upon probate court clerks the authority to administer oaths, by providing compensation for this function, it impliedly gave them authority, at least in strictly probate matters, and since the probate court meets the common-law requirement of a court of record, and clerks of courts of record under the common law could administer oaths, the probate court clerk had authority to do so in the verification of a claim for mechanic's lien filed with him. Bucher v. Thompson, 1893-NMSC-010, 7 N.M. 115, 32 P. 498.