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.
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.
Structure 2021 New Mexico Statutes
Article 38 - Board of County Commissioners
Section 4-38-1 - [Exercise of county powers.]
Section 4-38-2 - Members; quorum.
Section 4-38-3 - Residence in districts; period for districting; election at large.
Section 4-38-6 - Election; term.
Section 4-38-7 - [Holding office until successor is qualified.]
Section 4-38-11 - [Chairman; powers and duties.]
Section 4-38-12 - [Seal; sessions to be public; rules and regulations.]
Section 4-38-13 - [Powers; property belonging to county.]
Section 4-38-13.1 - County equipment and property; permitted uses.
Section 4-38-13.2 - Legislative findings; community value.
Section 4-38-14 - [County appropriation for state fair authorized.]
Section 4-38-15 - [Agent of county having charge of county exhibit at state fair; appointment.]
Section 4-38-16 - [Accounts; county buildings; taxation.]
Section 4-38-17 - Tax levy for county general purposes; allocation.
Section 4-38-17.1 - Tax levies authorization; procedures; health purposes.
Section 4-38-18 - [Management in general.]
Section 4-38-24 - Powers over highways.
Section 4-38-26 - [Streets in unincorporated county seats.]
Section 4-38-27 - [Receipts and expenditures; publication of report.]
Section 4-38-28 - [Payments without authority; liability of commissioners.]
Section 4-38-29 - [Approving unauthorized account; penalty; recovery of money.]
Section 4-38-30 - [Neglect of duty; penalty.]
Section 4-38-31 - [Establishment of airports.]
Section 4-38-32 - Eminent domain power for acquiring airports.
Section 4-38-33 - [Eminent domain power over land contiguous and adjacent to airport.]
Section 4-38-34 - [Joint county-municipal operation of airports.]
Section 4-38-35 - [Federal aid for airports; gifts.]
Section 4-38-36 - [Power to issue bonds for airports.]
Section 4-38-37 - [Procedure for issuing bonds for airports.]
Section 4-38-38 - Creation of county advisory boards.
Section 4-38-39 - Duties of board.
Section 4-38-40 - Executive committee.