When any party shall be liable to be prosecuted under the provisions of this and the two preceding sections [10-17-9, 10-17-10 NMSA 1978], it shall be the duty of the district attorney to immediately commence a suit in favor of the state against said party and his securities for the sum due and interest according to law, and in the trial of any cause now or that may be hereafter pending against any officer or person and their securities, the certified transcript of the account of said officer or individual provided for by said sections and the certified copies of any other document, bond, obligation or other instrument of writing sealed, signed and certified in conformity with the said sections, or the originals, shall be admitted as evidence of such debt or liability of said officer or individual, and their securities, and the court trying the cause shall give judgment and issue execution in conformity to said evidence.
History: Laws 1869-1870, ch. 39, § 3; C.L. 1884, § 2286; C.L. 1897, § 3197; Code 1915, § 1868; C.S. 1929, § 39-117; 1941 Comp., § 10-516; 1953 Comp., § 5-6-15.
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.]