District attorneys; salary and allowances exclusive.

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No district attorney shall receive to his own use any salary, fees or emoluments other than the salary and per diem and travel allowances prescribed by law.

History: Laws 1913, ch. 54, § 2; Code 1915, § 1870; C.S. 1929, § 39-202; 1941 Comp., § 17-104; 1953 Comp., § 17-1-4; Laws 1968, ch. 69, § 53.

ANNOTATIONS

Legal services for board of county commissioners. — There are no legal services that can be rendered by a district attorney for a board of county commissioners for which he may exact extra compensation. Hanagan v. Board of Cnty. Comm'rs, 1958-NMSC-053, 64 N.M. 103, 325 P.2d 282.

Fees and compensation of assistant district attorneys. — District attorneys are precluded from receiving fees or compensation other than the salary provided by law for services rendered the counties of their district. The duties of assistant district attorneys are the same as those imposed on district attorneys, and the inhibition applies to those officials as well. Hanagan v. Board of Cnty. Comm'rs, 1958-NMSC-053, 64 N.M. 103, 325 P.2d 282.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 63A Am. Jur. 2d Prosecuting Attorneys §§ 18, 41.

27 C.J.S. District and Prosecuting Attorneys § 22.


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