Any county officer who shall willfully fail to account for or pay over as required by law any and all fees, commissions, mileage, per diem or moneys earned by him, which heretofore have, or hereafter may, come into his hands by virtue of his office, shall be deemed guilty of embezzlement, and upon conviction thereof shall be punished by a fine of not more than five thousand dollars [($5,000)], or by imprisonment for not more than five years, or both, and in addition thereto shall be summarily removed from office by the court imposing sentence.
And any officer who shall willfully fail or neglect to discharge the duties of his office, upon conviction thereof, shall be punished by a fine of not more than one thousand dollars [($1,000)], or by imprisonment for not more than six months, or both, and in addition thereto shall be summarily removed from office by the court imposing sentence.
Any such officer who shall willfully swear falsely as to any itemized account required by this act to be rendered under oath shall be deemed guilty of perjury, and upon conviction thereof shall be punished by imprisonment for not less than two nor more than five years, and shall be summarily removed from office by the court imposing sentence.
History: Laws 1915, ch. 12, § 17; C.S. 1929, § 33-3217; Laws 1939, ch. 107, § 1; 1941 Comp., § 15-4124; 1953 Comp., § 15-43-27.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes. — The phrase "this act" refers to Laws 1915, ch. 12, which is compiled as this section and 4-44-2, 4-44-21, 4-44-28, 4-44-30, 4-44-33 NMSA 1978.
Cross references. — For failure, neglect or refusal to perform duties of office as cause for removal of local public officers, see 10-4-2 NMSA 1978.
For embezzlement generally, see 30-16-8 NMSA 1978.
For perjury generally, see 30-25-1 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 26 Am. Jur. 2d Embezzlement §§ 46 et seq., 66.
Structure 2021 New Mexico Statutes
Article 44 - Salaries and Provisions Applicable to More Than One Office
Section 4-44-1 - Classification for salary purposes.
Section 4-44-2 - Biennial determination of classification.
Section 4-44-3 - Establishment of H class counties.
Section 4-44-4 - Class A counties; salaries.
Section 4-44-4.1 - Class B counties; high valuation; salaries.
Section 4-44-5 - Class B counties; intermediate valuation; salaries.
Section 4-44-9 to 4-44-12 - Repealed.
Section 4-44-12.3 - Legislative intent; uniform salary changes.
Section 4-44-14 - H class counties; salaries.
Section 4-44-15 - [Fees collected by officers of H class counties; disposition.]
Section 4-44-16 - [Powers and duties of officers of H class counties.]
Section 4-44-19 - [Prisoners; operating allowance; records and maintenance.]
Section 4-44-20 - Prisoners; feeding in transit.
Section 4-44-21 - No compensation except as provided by law.
Section 4-44-29 - [Fees to be collected in advance.]
Section 4-44-30 - [County treasurer; receipts; accounts of officers.]
Section 4-44-31 - County general fund created.
Section 4-44-32 - [Embezzlement; negligence; perjury; penalties.]
Section 4-44-33 - Stationery, postage and office supplies.
Section 4-44-34 - Officers to keep office at county seat.