The clerks of the probate court shall be responsible, respectively, for the acts of their deputies, and for such purpose, all and every official act of the deputy shall be considered as an official act of the clerk who appointed him, and each deputy clerk shall sign all the papers issued by himself with the name of the clerk, in this manner: A. B., clerk of the probate court, by C. D., deputy clerk.
History: Laws 1866-1867, ch. 24, § 3; C.L. 1884, § 423; C.L. 1897, § 761; Code 1915, § 1445; C.S. 1929, § 34-430; 1941 Comp., § 16-432; 1953 Comp., § 16-4-32.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Liability of clerk of court or surety on bond for negligent or wrongful acts of deputies or assistants, 71 A.L.R.2d 1140.
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.]