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Form a Business

County Clerk

NMSA 1978 ch. 4, art. 40
in effect

NMSA 1978, § 4-40-2 County clerk; bond

4-40-2. County clerk; bond The county clerk of each county shall, before entering upon the duties of his office and within ten days after the first day of January following his election, execute a bond to the state of New Mexico, in the penal sum of ten thousand dollars [($10,000)], with sufficient sureties, to be approved by the judge of the district court of said county, conditioned that he will well and faithfully perform all of his duties as such county clerk during his term of office. Laws 1901, ch. 35, §§ 1, 2; Code 1915, § 1441; Laws 1919, ch. 10, § 1; C.S. 1929, § 34-425; 1941 Comp., § 15-3702; 1953 Comp., § 15-39-2.

NMSA 1978, § 4-40-3 [Duties; ex-officio clerk of board of county commissioners.]

4-40-3. [Duties; ex-officio clerk of board of county commissioners.] The county clerk shall be ex-officio clerk of the board of county commissioners, shall attend the sessions of the board in person or by deputy, keep the seals, records and papers of said board of county commissioners and keep a record of the proceedings of said board in a book as required by law, under the direction of the county commissioners. Laws 1876, ch. 1, § 19; C.L. 1884, § 350; C.L. 1897, § 678; Code 1915, § 1235; C.S. 1929, § 33-4301; 1941 Comp., § 15-3704; 1953 Comp., § 15-39-4.

NMSA 1978, § 4-40-4 [Duties as clerk of county commissioners.]

4-40-4. [Duties as clerk of county commissioners.] It shall be the general duty of the clerk of the board of commissioners: A. to record in a book to be provided for that purpose all proceedings of the board; B. to make regular entries of all their resolutions and decisions in all questions concerning the raising of money; C. to record the vote of each commissioner on any question submitted to the board if required by any member; D. to sign all orders issued by the board for the payment of money, and to record in a book to be provided for that purpose, the receipts of the county treasurer of the receipts and expenditures of the county; E. to preserve and file all accounts acted upon by the board with their action thereon, and he shall perform such special duties as are required by law. Laws 1876, ch. 1, § 29; C.L. 1884, § 360; C.L. 1897, § 679; Code 1915, § 1236; C.S. 1929, § 33-4302; 1941 Comp., § 15-3705; 1953 Comp., § 15-39-5.

NMSA 1978, § 4-40-5 County clerk; duty regarding accounts

4-40-5. County clerk; duty regarding accounts It shall be the duty of the county clerk to designate upon every account, which shall be audited and approved and allowed by the board of county commissioners, the amount so allowed. Laws 1876, ch. 1, § 30; C.L. 1884, § 361; C.L. 1897, § 680; Code 1915, § 1237; C.S. 1929, § 33-4303; 1941 Comp., § 15-3706; 1953 Comp., § 15-39-6; 2011, ch. 134, § 1.

NMSA 1978, § 4-40-6 [Duties as to orders for money.]

4-40-6. [Duties as to orders for money.] Such clerk shall not sign or issue any county order unless ordered by the board of commissioners authorizing the same; and every such order shall be numbered, and the date, amount and number of the same and the name of the person to whom it is issued shall be entered in a book kept by him in his office for that purpose. Laws 1876, ch. 1, § 31; C.L. 1884, § 362; C.L. 1897, § 681; Code 1915, § 1238; C.S. 1929, § 33-4304; 1941 Comp., § 15-3707; 1953 Comp., § 15-39-7.

NMSA 1978, § 4-40-7 [Newspaper subscriptions.]

4-40-7. [Newspaper subscriptions.] The county clerks of the several counties of this state are hereby authorized and required to subscribe for such, one copy each of newspapers as are printed and published in their respective counties. Laws 1889, ch. 49, § 1; C.L. 1897, § 768; Code 1915, § 1241; C.S. 1929, § 33-4307; 1941 Comp., § 15-3708; 1953 Comp., § 15-39-8.

NMSA 1978, § 4-40-8 To keep file of newspapers

4-40-8. To keep file of newspapers It shall be the duty of each county clerk to receive and preserve every copy of the paper or papers so subscribed for and from time to time cause the same to be properly arranged and bound in volumes of convenient size and in a substantial manner, and said volumes, when bound, shall be kept in his office for the use of the courts, when needed, of strangers and the inhabitants of the county all of whom shall have access to the same at all times during office hours, free of charge. Provided, that in order to more permanently preserve and to make easily accessible valuable historical source material of state and local history, county clerks may upon the approval of the county commissioners make indefinite loans of the files of newspapers not in current demand, to libraries of state educational institutions, or to public libraries situated within the county. For his services in this behalf the county clerk shall receive the sum of ten dollars [($10.00)] for each volume, and for the neglect of the duties hereby imposed shall forfeit the sum of fifty dollars [($50.00)], to be recovered with costs in a civil action before any court. Laws 1889, ch. 49, § 2; C.L. 1897, § 769; Code 1915, § 1242; C.S. 1929, § 33-4308; Laws 1941, ch. 132, § 1; 1941 Comp., § 15-3709; 1953 Comp., § 15-39-9.

NMSA 1978, § 4-40-9 [Newspapers; payment of expenses.]

4-40-9. [Newspapers; payment of expenses.] The subscription price of such paper or papers, and the binding of the several volumes thereof, shall be paid out of the general fund of the county in the same manner as other charges are audited and allowed from such fund by the respective boards of county commissioners. Laws 1889, ch. 49, § 3; C.L. 1897, § 770; Code 1915, § 1243; C.S. 1929, § 33-4309; 1941 Comp., § 15-3710; 1953 Comp., § 15-39-10.

NMSA 1978, § 4-40-10 [Newspapers; abstraction, mutilation or destruction; penalty.]

4-40-10. [Newspapers; abstraction, mutilation or destruction; penalty.] Any person who shall willfully abstract, destroy, mutilate or deface any number or volume of such newspapers purchased in pursuance of Sections 4-40-7 and 4-40-8 NMSA 1978, shall be deemed guilty of a misdemeanor, and shall be fined in a sum not exceeding five hundred dollars [($500)], or imprisonment [imprisoned] in the county jail not more than six months, or [punished] both by such fine and imprisonment in the discretion of the court. Laws 1889, ch. 49, § 4; C.L. 1897, § 771; Code 1915, § 1244; C.S. 1929, § 33-4310; 1941 Comp., § 15-3711; 1953 Comp., § 15-39-11.
Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18505/index.doFetched: 10/20/2026

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