The county clerk shall be allowed the following fees: for recording letters testamentary or of administration, one dollar [($1.00)]; for filing the bond of the executor or administrator, fifty cents [($.50)]; for order appointing guardian or curator, twelve and one-half cents [($.125)]; for filing and preserving bond of guardian or curator, fifty cents [($.50)]; for every order of publication, twenty-five cents [($.25)]; for every order relating to executors, administrators or guardians, not otherwise provided for, twelve and one-half cents [($.125)]; for copying any order, record or paper, for every one hundred words, ten cents [($.10)]; for entering any judgment and verdict, twelve and one-half cents [($.125)]; for proof of every will and codicil taken by the probate judge, twenty-five cents [($.25)]; for every certificate and seal, twenty-five cents [($.25)]; for issuing every subpoena, twenty-five cents [($.25)]; for administering every oath, three cents [($.03)]; for keeping abstracts of demands, for each defendant, three cents [($.03)]; for certifying the amount, date and classes of any demand, without seal, five cents [($.05)]; for entering every motion or rule, five cents [($.05)]; for swearing and entering a jury, twenty-five cents [($.25)]; for entering every trial, five cents [($.05)]; for a commission to take depositions, twenty-five cents [($.25)]; for every execution, fifty cents [($.50)]; for every continuance of a cause, five cents [($.05)]; for entering an appeal, twelve and one-half cents [($.125)]; for every writ to summon a jury, twelve and one-half cents [($.125)]; for every order to distribute effects among heirs, etc., twelve and one-half cents [($.125)]; for every settlement of executor, administrator or guardian, whether annual or final, twenty-five cents [($.25)]; for every order appointing road overseers, twenty-five cents [($.25)]; for filing and preserving constable's bond, to be paid for by the constable, twenty-five cents [($.25)]; for all services in filing, taking and safekeeping the collectors' bonds for territorial taxes, to be paid by the territory, one dollar [($1.00)]; for like services for collectors' bonds for county taxes, to be paid by the territory and county, each for its own, for every one hundred words, ten cents [($.10)]; for issuing any license, to be paid for by the applicant, fifty cents [($.50)]; for taking, filing and safekeeping of every other bond not otherwise provided for, fifty cents [($.50)]; for issuing each writ, and receiving, filing and docketing the return, fifty cents [($.50)]; for taking every acknowledgment to a deed or writing, twenty-five cents [($.25.)].
History: Kearny Code, Fees, § 2; C.L. 1865, ch. 46, § 2; C.L. 1884, § 1251; C.L. 1897, § 1768; Code 1915, § 1240; C.S. 1929, § 33-4306; 1941 Comp., § 13-111; 1953 Comp., § 71-1-11.
ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes. — Many of the provisions in this section appear to be superseded by other statutes. See 34-7-14 to 34-7-16 NMSA 1978.
Cross references. — For payment of fees before filing or recording, see 14-8-15 NMSA 1978.
Section held determinative of proper charges. — Where probate clerk died in 1906 while in process of making transcripts of property records of old county for use of new county, the compensation to which his estate was entitled was fixed by this section, and not by the subsequently enacted Laws 1907, ch. 28 (4-33-16 NMSA 1978), which imposed additional duties to be done which were not done by the decedent. Summers v. Board of Cnty. Comm'rs, 1910-NMSC-025, 15 N.M. 376, 110 P. 509.
The provision applicable to certificate and seal conflicts with 14-8-10 NMSA 1978. Both sections were reenacted in the 1865 Code and became effective the same day. See note below from 1967 Op. Att'y Gen. No. 67-53.
Prior to statehood, this section referred to the probate clerk who was also ex-officio recorder. See compiler's note to 14-8-1 NMSA 1978.
Not controlling as to fee for certificate and seal. — Section 14-8-10 NMSA 1978 is controlling over this section, and the fee which it sets out for each certificate and seal to documents recorded is the proper fee to be charged by county clerks. 1967 Op. Att'y Gen. No. 67-53.
County clerk is not under any legal duty to conduct searches at request of private persons of records filed in such office pursuant to the Uniform Commercial Code, Chapter 55 NMSA 1978, and no statutory fee is provided for such service. 1962 Op. Att'y Gen. No. 62-20.
Section 14-8-12 NMSA 1978 and this section relate to specifically enumerated fees which county clerks are legally entitled to charge, but such statutes do not provide for conducting searches of county records upon request of an individual for possible liens or encumbrances under the name of any debtor. 1962 Op. Att'y Gen. No. 62-20.