2021 New Mexico Statutes
Chapter 35 - Magistrate and Municipal Courts
Article 3 - Magistrate Court; Jurisdiction
Section 35-3-2 - Authority; marriages.
Magistrates may solemnize the contract of matrimony throughout the state but shall charge no fee for it.
History: 1953 Comp., § 36-3-2, enacted by Laws 1968, ch. 62, § 47; 1989, ch. 160, § 1.
ANNOTATIONSRepeals. — Laws 1968, ch. 62, § 171, repeals former 36-3-2, 1953 Comp., relating to jurisdiction where evasion of suit by defendant, effective January 1, 1969.
The 1989 amendment, effective June 16, 1989, substituted "Authority" for "Jurisdiction" in the catchline, and substituted all of the language following "matrimony" for "but shall charge no fee therefor".
Place where judge may perform marriage ceremony. — Except for probate and municipal judges, judges and justices may solemnize marriages anywhere in New Mexico. 1991 Op. Att'y Gen. No. 91-09.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 52 Am. Jur. 2d Marriage § 40.
Validity of marriage as affected by lack of legal authority of person solemnizing it, 13 A.L.R.4th 1323.
51 C.J.S. Justices of the Peace § 16; 55 C.J.S. Marriage § 29.
