[Approving unauthorized account; penalty; recovery of money.]

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Any county commissioner who shall vote to approve any account, or order any money paid to any officer or individual, except as provided by law, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not exceeding five hundred dollars [($500)], and the money so illegally ordered to be paid shall be recovered in a suit brought in the name of the county on his official bond.

History: Laws 1897, ch. 60, § 15 [14]; C.L. 1897, § 867(14); Code 1915, § 1216; C.S. 1929, § 33-4230; 1941 Comp., § 15-3526; 1953 Comp., § 15-37-28.

ANNOTATIONS

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

Compiler's notes. — The 1915 Code compilers deleted "The county commissioners shall receive no mileage or additional compensation for attending special or called meetings and" from the beginning of the section.

Cross references. — For use of certified copy in action on bond of public officer, see 10-2-10 NMSA 1978.

County clerks not responsible for funds. — Legal responsibility for the disbursement of public funds, vested in the board of county commissioners, does not extend to county clerks. 1979 Op. Att'y Gen. No. 79-33.


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