Any officer who shall knowingly claim for his services in any cause in the district court higher fees than provided by law, or shall claim fees for services not rendered, shall be liable to the party against whom such fraudulent charge is made in three times the amount of such charge: provided, that the same has been paid by the party; and when such payment has been made, the party against whom the charge has been made may petition the court to retax the costs, and if the court shall find that fraudulent charges have been made and paid, it shall adjudge the officer in fault to pay to the party injured three times the amount of the charges and enforce the collection of the same by means of an execution as in other cases.
History: Laws 1858-1859, p. 32; C.L. 1865, ch. 46, § 20; C.L. 1884, § 2213; C.L. 1897, § 3159; Code 1915, § 4290; C.S. 1929, § 105-1309; 1941 Comp., § 29-112; 1953 Comp., § 25-1-12.
Structure New Mexico Statutes
Chapter 39 - Judgments, Costs, Appeals
Article 2 - Attorneys' Fees and Costs
Section 39-2-2 - Deficiencies; attorney fees.
Section 39-2-2.1 - Collection of open accounts; attorney fees.
Section 39-2-3 - [Unnecessary splitting of actions.]
Section 39-2-4 - [Actions ex contractu; recovery of principal amount below jurisdiction of court.]
Section 39-2-6 - [When judgment appealed from was for appellant.]
Section 39-2-7 - [Depositions to perpetuate testimony; taxing costs.]
Section 39-2-8 - [Depositions; fees paid to the clerk and witnesses; compensation of officers.]
Section 39-2-9 - [Witness fees taxed as costs; limitation.]
Section 39-2-10 - [Taxing costs of additional witnesses; certificate of court required.]
Section 39-2-11 - [Bill of costs to be collected after issuance of execution.]
Section 39-2-12 - [Transcript of cost book has effect of execution.]