The party at whose application any civil writ, subpoena or process, except execution, is issued, shall pay in advance, if so demanded by the sheriff, the fees allowed by law for such services.
History: Laws 1895, ch. 35, § 3; C.L. 1897, § 1801; Code 1915, § 1268; C.S. 1929, § 33-4424; 1941 Comp., § 15-3817; 1953 Comp., § 15-40-17.
Cross references. — For requirement that county officers collect fees in advance, see 4-44-29 NMSA 1978.
Advance payment required of state. — The state and its agencies need not use the sheriff to serve process, but if they do, they may also be required to pay in advance. 1979 Op. Att'y Gen. No. 79-29.
Structure New Mexico Statutes
Section 4-41-3 - [Failure to execute bond and oath; performing duties; penalty.]
Section 4-41-4 - [Exercising powers after removal; penalty.]
Section 4-41-5 - Deputy sheriffs; appointment and term; merit system.
Section 4-41-7 - Provisions of merit system constitute part of employment contract.
Section 4-41-8 - [Deputy sheriff; qualifications; character; revocation of commission.]
Section 4-41-9 - Powers of deputy sheriff.
Section 4-41-10 - Right to carry arms; deputies; appointment.
Section 4-41-10.1 - [Right to carry concealed arms.]
Section 4-41-11 - [Injuries to sheriff or deputy while making arrest; medical expenses; limitation.]
Section 4-41-11.1 - Qualifications; waiver.
Section 4-41-12 - [Entering other counties; powers.]
Section 4-41-13 - [Execution of process of probate court; attendance.]
Section 4-41-15 - [Fees; payment in advance.]
Section 4-41-17 - [Executions; commissions and expenses.]
Section 4-41-18 - [Fees; service of jury venire.]
Section 4-41-19 - County peace officers and constables; mileage; conditions.
Section 4-41-21 - [More than one subpoena, summons or prisoner; no extra charge.]