When final judgment or decree shall be rendered in any cause, and execution shall be issued thereon, the clerk shall make a complete copy of all the costs taxed against the defendant in execution, under his hand and the seal of the court, together with a certificate that the said bill of costs is correct. The said bill of costs shall be delivered to the officer to whom the execution shall be directed for execution, and when the writ shall be served, the officer shall deliver the said bill of costs to the defendant in execution, and shall receipt the same when paid, and the said clerk shall be entitled to fifty cents [($.50)] for such copy, to be paid as other costs.
History: Laws 1858-1859, p. 32; C.L. 1865, ch. 46, § 18; C.L. 1884, § 2211; C.L. 1897, § 3157; Code 1915, § 4288; C.S. 1929, § 105-1307; 1941 Comp., § 29-110; 1953 Comp., § 25-1-10.
Costs should be taxed before transcript is prepared and filed in the supreme court. Daily v. Fitzgerald, 1913-NMSC-001, 17 N.M. 159, 130 P. 247.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 20 Am. Jur. 2d Costs § 96.
Structure 2021 New Mexico Statutes
Chapter 39 - Judgments, Costs, Appeals
Article 2 - Attorneys' Fees and Costs
Section 39-2-2 - Deficiencies; attorney fees.
Section 39-2-2.1 - Collection of open accounts; attorney fees.
Section 39-2-3 - [Unnecessary splitting of actions.]
Section 39-2-4 - [Actions ex contractu; recovery of principal amount below jurisdiction of court.]
Section 39-2-6 - [When judgment appealed from was for appellant.]
Section 39-2-7 - [Depositions to perpetuate testimony; taxing costs.]
Section 39-2-8 - [Depositions; fees paid to the clerk and witnesses; compensation of officers.]
Section 39-2-9 - [Witness fees taxed as costs; limitation.]
Section 39-2-10 - [Taxing costs of additional witnesses; certificate of court required.]
Section 39-2-11 - [Bill of costs to be collected after issuance of execution.]
Section 39-2-12 - [Transcript of cost book has effect of execution.]