At each general election held in this state there shall be elected in each county a probate judge and a sheriff.
History: Laws 1851-1852, p. 198; C.L. 1865, ch. 63, § 4; Code 1915, § 1245; C.S. 1929, § 33-4401; 1941 Comp., § 16-402; 1953 Comp., § 16-4-2.
Cross references. — For effect of city-county consolidation on probate judge, see 3-16-11 NMSA 1978.
Compiler's notes. — This section was also compiled as Chapter 4, Article 41 NMSA 1978, since it relates to both probate judges and sheriffs.
As it appeared in the 1865 Code, this section read: "On the first Monday in September of this year, 1851, and every two years thereafter, there shall be an election in each county of the territory, for the election of their respective probate judge and sheriff." The section was omitted from Comp. Laws 1884 and 1897. Its provisions were compiled as one note in the 1915 Code and 1929 Comp., but in the 1941 and 1953 Comps. they were compiled as two sections, with the reference to "a probate judge" omitted from one and "a sheriff " omitted from the other.
Law reviews. — For survey, "Article VII of the New Probate Code: In Pursuit of Uniform Trust Administration," see 6 N.M. L. Rev. 213 (1976).
Structure New Mexico Statutes
Chapter 34 - Court Structure and Administration
Section 34-7-1 - Probate judge; authorized.
Section 34-7-2 - [Probate judge and sheriff elected at each general election.]
Section 34-7-3 - [Seal of probate court.]
Section 34-7-4 - [Place of holding court and keeping clerk's office.]
Section 34-7-5 - [Failure to hold court or keep clerk's office at county seat; penalty.]
Section 34-7-6 - [County must furnish office and supplies for judge.]
Section 34-7-7 - [Custody of archives, documents and books.]
Section 34-7-8 - Probate courts; hours of business; notice.
Section 34-7-9 - [Probate judge interested or disqualified; transfer to district court.]
Section 34-7-10 - [Proceedings in district court after transfer.]
Section 34-7-11 - [Probate judge absent or unable to attend to duties; powers of district judge.]
Section 34-7-13 - [Judges may issue process and make rules.]
Section 34-7-14 - Fees of probate court clerks.
Section 34-7-15 - [Additional fees of clerk.]
Section 34-7-16 - [Fees exclusive.]
Section 34-7-17 - [Record of receipts and disbursements.]
Section 34-7-18 - [Current accounts; public inspection.]
Section 34-7-19 - [Penalty for violation of Sections 34-7-17 and 34-7-18 NMSA 1978.]
Section 34-7-20 - Record of decedent's [decedents'] estates.
Section 34-7-21 - Record of bonds and wills.
Section 34-7-22 - [Deputy clerks; appointment; powers.]
Section 34-7-23 - [Oath of deputy clerks.]
Section 34-7-24 - [Authority of deputies; responsibility; signing papers.]
Section 34-7-25 - [Compensation of deputies to be paid by clerk.]