Upon the filing of such oath and bond, it shall be the duty of such justice of the peace [magistrate] to issue his warrant to the sheriff or any constable of the county, commanding him to seize the property of the defendant, or so much as will satisfy the demand, which warrant shall be returnable to said justice [magistrate].
History: Laws 1921, ch. 182, § 7; C.S. 1929, § 82-107; 1941 Comp., § 48-1507; 1953 Comp., § 61-6-7.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law. For justice of the peace construed to refer to magistrate court, see 35-1-38 NMSA 1978. Pursuant to Laws 1968, ch. 62, § 40, "magistrate" was inserted in brackets throughout this section.
Structure New Mexico Statutes
Chapter 48 - Liens and Mortgages
Article 6 - Agricultural Landlord Liens
Section 48-6-1 - Landlords shall have preference lien.
Section 48-6-2 - Tenants not to remove property subject [to lien].
Section 48-6-3 - When lien expires.
Section 48-6-4 - Do not apply to, etc.
Section 48-6-5 - Distress warrant.
Section 48-6-6 - Oath and bond.
Section 48-6-7 - Distress warrant, issued by whom.
Section 48-6-8 - Duty of officer.
Section 48-6-9 - Defendant may replevy.
Section 48-6-10 - Judgment against sureties.
Section 48-6-11 - Perishable property sold.
Section 48-6-12 - Summons for defendant.
Section 48-6-13 - Rights of tenant.
Section 48-6-14 - Tenants shall not sublet without consent, etc.