If a sheriff neglects to return such writ the attachment may be directed to any person designated therein, who shall have full power to execute the same, and such sheriff upon being brought up may be committed to the jail of any county other than his own.
History: Laws 1884, ch. 1, § 12; C.L. 1884, § 2023; C.L. 1897, § 2792; Code 1915, § 2600; C.S. 1929, § 63-112; 1941 Comp., § 25-1112; 1953 Comp., § 22-11-12.
Structure New Mexico Statutes
Chapter 44 - Miscellaneous Civil Law Matters
Section 44-1-1 - [Who may obtain writ.]
Section 44-1-2 - [Detention under judgment or execution; contempt.]
Section 44-1-3 - [Application for writ; to whom made; petition; signature; verification.]
Section 44-1-5 - [Petition for writ; allegations; exhibits.]
Section 44-1-6 - [Form of writ.]
Section 44-1-7 - [Defects of form; names of prisoner and custodian.]
Section 44-1-8 - [Wrongful refusal of writ; forfeiture.]
Section 44-1-9 - [Return; contents; exhibits; signature; verification.]
Section 44-1-10 - [Petitioner to be produced; exception.]
Section 44-1-11 - [Attachment for disobedience of writ; issuance; to whom directed; proceedings.]
Section 44-1-12 - [Attachment against sheriff; place of detention.]
Section 44-1-13 - [Precept for production of petitioner by officer executing attachment.]
Section 44-1-15 - [When petitioner will be discharged.]
Section 44-1-16 - [When petitioner will be remanded to custody.]
Section 44-1-17 - [Causes for discharge of petitioner in custody under civil process.]
Section 44-1-18 - [Legality or justice of judgment or execution.]
Section 44-1-19 - [Petitioner legally committed or guilty of offense; release on bail.]
Section 44-1-20 - [Decision in other cases.]
Section 44-1-21 - [Custody of petitioner pending decision.]
Section 44-1-22 - [Notice of hearing.]
Section 44-1-25 - [Pleading by petitioner after return; summary hearing.]
Section 44-1-26 - [Procedure when petitioner is sick or infirm.]
Section 44-1-27 - [Disobedience of order for discharge; attachment; damages recoverable.]
Section 44-1-29 - [Concealment or transfer of prisoner to avoid writ; forfeiture.]
Section 44-1-30 - [Detention officer refusing to furnish copies; forfeiture.]
Section 44-1-31 - [When writ returnable; seal.]
Section 44-1-32 - [Who may serve writ; tender of fees; bond for costs and restoration of prisoner.]
Section 44-1-33 - [Service by delivery to custodian or person to whom writ is directed.]
Section 44-1-34 - [Service by posting.]
Section 44-1-35 - [Time allowed for making return and producing prisoner.]
Section 44-1-36 - [Compelling attendance of prisoner for trial or as witness.]