The party at whose application any civil writ, subpoena or process, except execution, is issued, shall pay in advance, if so demanded by the sheriff, the fees allowed by law for such services.
History: Laws 1895, ch. 35, § 3; C.L. 1897, § 1801; Code 1915, § 1268; C.S. 1929, § 33-4424; 1941 Comp., § 15-3817; 1953 Comp., § 15-40-17.
ANNOTATIONSCross references. — For requirement that county officers collect fees in advance, see 4-44-29 NMSA 1978.
Advance payment required of state. — The state and its agencies need not use the sheriff to serve process, but if they do, they may also be required to pay in advance. 1979 Op. Att'y Gen. No. 79-29.