[Penalty for refusing to aid officer; action to recover.]

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If any person shall refuse or neglect to obey the summons of any such officer, such person shall be fined in any sum not exceeding fifty dollars [($50.00)], nor less than five dollars [($5.00)], to be recovered by suit before any justice of the peace [magistrate], to the use of the county in which said suit may originate.

History: Laws 1850-1851, p. 163; C.L. 1865, ch. 89, § 2; C.L. 1884, § 2613; C.L. 1897, § 3786; Code 1915, § 4538; C.S. 1929, § 106-109; 1941 Comp., § 40-108; 1953 Comp., § 39-1-8.

ANNOTATIONS

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.

Cross references. — For refusing to aid an officer, petty misdemeanor, see 30-22-2 NMSA 1978.


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