[Penalty for violation by sheriff, constable or deputy; surety's liability.]

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If any sheriff, deputy sheriff or constable, or any deputy shall be found guilty of delay, negligence or neglect in compliance with the provisions of the preceding section [29-1-4 NMSA 1978], on complaint being made before any justice of the peace [magistrate] in the county, he shall be fined in any sum not less than fifty dollars [($50.00)], nor more than one hundred dollars [($100)], which shall be collected of them or their securities.

History: Laws 1861-1862, p. 14; C.L. 1865, ch. 61, § 50; C.L. 1884, § 834; C.L. 1897, § 1228; Code 1915, § 3062; C.S. 1929, § 75-131; 1941 Comp., § 40-105; 1953 Comp., § 39-1-5.

ANNOTATIONS

Compiler's notes. — The compilers of the 1915 code deleted "coroner" after "deputy sheriff" and substituted "with the provisions of the preceding section" for "herewith".

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law. The office of justice of the peace was abolished, and the jurisdiction, powers and duties were transferred to the magistrate court. See 35-1-38 NMSA 1978.


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