Such prosecution shall be brought for the whole sum due and the interest accrued, and it shall be sufficient to prove the amount of the debt, and the fact that the securities were the securities of the said officer or individual prosecuted, and judgment shall be given against said officer or individual and their said securities for the sum so due and interest according to law, and execution shall thereupon be issued against all the parties so tried, in favor of the state.
History: Laws 1869-1870, ch. 39, § 2; C.L. 1884, § 2285; C.L. 1897, § 3196; Code 1915, § 1867; C.S. 1929, § 39-116; 1941 Comp., § 10-515; 1953 Comp., § 5-6-14.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 67 C.J.S. Officers and Public Employees § 216.
Structure New Mexico Statutes
Chapter 10 - Public Officers and Employees
Article 17 - Miscellaneous Provisions
Section 10-17-1 - [County, municipal and educational boards; monthly summary of minutes; contents.]
Section 10-17-2 - [Filing summary of minutes; furnishing to legal newspapers.]
Section 10-17-3 - Publication of list of expenditures monthly.
Section 10-17-4 - County and precinct officers; monthly financial statements; audit.
Section 10-17-5 - [Delivery of lawbooks, records and documents to successors; exception.]
Section 10-17-7 - [Shortages in accounts of public officers; compromise prohibited.]
Section 10-17-9 - [Defaulting officers; auditor's transcript of account; purpose.]
Section 10-17-10 - [Prosecution for shortage; proof required; judgment; execution.]
Section 10-17-11 - [Institution of shortage prosecution; admissible evidence.]