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Home » US Law » 2021 New Mexico Statutes » Chapter 4 - Counties » Article 41 - County Sheriff

Section 4-41-1 – Repealed.

ANNOTATIONS Repeals. — Laws 1993, ch. 119, § 2 repealed 4-41-1 NMSA 1978, as enacted by Laws 1851-1852, p. 198, providing for the election of a county probate judge and sheriff, effective June 18, 1993. For provisions of former section, see the 1992 NMSA 1978 on NMOneSource.com. For present comparable provisions, see 4-38-6 NMSA 1978.

Section 4-41-10 – Right to carry arms; deputies; appointment.

All sheriffs shall at all times be considered as in the discharge of their duties and be allowed to carry arms on their persons. On the appointment of any regular or permanent deputy sheriff, it shall be the duty of the sheriff to file one notice of the appointment in the office of the county […]

Section 4-41-11.1 – Qualifications; waiver.

A. Court security officers of county sheriff departments of class A counties shall meet all the prerequisites for permanent appointment as peace officers as stated in Section 29-7-8 NMSA 1978 [repealed]. B. All court security officers provided for pursuant to Subsection A of this section shall be commissioned as peace officers with full powers and […]

Section 4-41-12 – [Entering other counties; powers.]

The various sheriffs of the several counties of this state shall have the right to enter any county of this state, or any part of this state, for the purpose of arresting any person charged with crime, whether the county so entered be the same to which the sheriff so entering was elected or not; […]

Section 4-41-13 – [Execution of process of probate court; attendance.]

It is hereby made the duty of the sheriffs of the several counties of this state to serve and execute all process directed to them by said judges of probate in their respective counties, and shall be subject to fine and amercement as provided by law for the neglect or refusal to discharge the duties […]

Section 4-41-15 – [Fees; payment in advance.]

The party at whose application any civil writ, subpoena or process, except execution, is issued, shall pay in advance, if so demanded by the sheriff, the fees allowed by law for such services. History: Laws 1895, ch. 35, § 3; C.L. 1897, § 1801; Code 1915, § 1268; C.S. 1929, § 33-4424; 1941 Comp., § […]

Section 4-41-17 – [Executions; commissions and expenses.]

For commissions for receiving or paying moneys on executions, where lands, goods or chattels have been levied upon, advertised and sold, four per centum on the first five hundred dollars [($500)], and two percent on all sums above that; also the actual expenses incurred in taking care of any such goods or chattels so levied […]

Section 4-41-18 – [Fees; service of jury venire.]

The sheriff shall receive ten dollars [($10.00)] for the service of any jury venire, and shall be paid the regular rates of mileage hereinafter provided, for each mile actually and necessarily traveled in serving said jury venire. History: Laws 1895, ch. 35, § 4; C.L. 1897, § 1802; Code 1915, § 1269; C.S. 1929, § […]

Section 4-41-19 – County peace officers and constables; mileage; conditions.

A. Peace officers and constables shall be allowed mileage or the distance actually and necessarily traveled by privately owned conveyance in serving any judicial process. B. In serving any jury venire, a sheriff, deputy sheriff, constables [constable] or other county peace officer shall charge for the actual mileage traveled and necessary in providing service of […]

Section 4-41-2 – [Duties.]

The sheriff shall be conservator of the peace within his county; shall suppress assaults and batteries, and apprehend and commit to jail, all felons and traitors, and cause all offenders to keep the peace and to appear at the next term of the court and answer such charges as may be preferred against them. History: […]

Section 4-41-22 – [Other fees.]

For all other services and expenses, except those mentioned in this article, the sheriff shall receive the fees and compensation fixed by law for such services and expenses. History: Laws 1895, ch. 35, § 8; C.L. 1897, § 1806; Code 1915, § 1273; C.S. 1929, § 33-4429; 1941 Comp., § 15-3823; 1953 Comp., § 15-40-23. […]

Section 4-41-4 – [Exercising powers after removal; penalty.]

If any such sheriff, after being removed as provided by law, shall attempt to exercise any of the rights or powers of said office, or shall fail or refuse to turn over the office to the person appointed to succeed him, he shall be deemed guilty of a misdemeanor, and upon conviction thereof in the […]

Section 4-41-5 – Deputy sheriffs; appointment and term; merit system.

The sheriffs in all the counties of this state shall have power to appoint deputies, who shall remain in office at the pleasure of such sheriffs; except that in counties which have established a merit system by ordinance, the provisions of the ordinance shall control the demotion and discharge of deputies and other employees of […]