0001|                               AN ACT
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0002| RELATING TO SERVICE OF PROCESS; INCREASING CERTAIN FEES FOR SERVICE OF
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0003| PROCESS.
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0004| 
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0005| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0006|      Section 1.  Section 4-41-16 NMSA 1978 (being Laws 1895, Chapter
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0007| 35, Section 1, as amended) is amended to read:
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0008|      "4-41-16.  FEES--ATTENDANCE ON COURTS--SESSIONS OF COUNTY COMMIS-
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0009| SIONERS--HEARING BEFORE JUDGES.--
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0010|           A.  The sheriffs of this state shall be allowed, except from
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0011| the state or any state agency, the following fees and compensations:
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0012|                (1)  for serving every writ, citation, order, subpoena
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0013| or summons, not more than thirty dollars ($30.00);
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0014|                (2)  for every writ of capias or attachment for each
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0015| defendant, six dollars ($6.00);
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0016|                (3)  for taking and returning every bond required by
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0017| law, five dollars ($5.00);
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0018|                (4)  for levying every execution and return of same,
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0019| six dollars ($6.00);
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0020|                (5)  for making, executing and delivering every sher-
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0021| iff's deed, to be paid by the purchaser, six dollars ($6.00);
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0022|                (6)  for every return of non est inventus, fifty cents
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0023| ($.50); and
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0024|                (7)  for making every return of any process, order,
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0025| summons, citation or decree of any court, two dollars ($2.00).
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0001|      No sheriff shall collect more than one of the fees listed in this
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0002| subsection, regardless of how many documents may be served upon one or
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0003| more individuals, when those documents are served at the same time and
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0004| at the same location.
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0005|           B.  In the service of any subpoena or summons for witnesses,
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0006| the sheriff shall be allowed compensation of one dollar ($1.00) for each
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0007| of the witnesses so summoned by the sheriff, notwithstanding that the
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0008| name of such witness may appear in but one copy of the subpoena or
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0009| summons.
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0010|           C.  It is the duty of the sheriffs of the state to attend:
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0011|                (1)  the sessions of every district court, which atten-
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0012| dance shall be paid in the manner now provided by law;
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0013|                (2)  all sessions of the probate court and sessions of
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0014| the boards of county commissioners, which attendance shall be paid
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0015| sheriffs out of the general county funds of the county in which the ser-
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0016| vices were rendered; and
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0017|                (3)  at the trial or hearing before magistrates in fel-
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0018| ony cases, where the arrest is made by the sheriff, either with or
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0019| without a warrant, which attendance shall be paid as provided in this
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0020| section out of the general county funds; but such sheriffs shall not be
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0021| allowed any compensation for attending at the trial of any misdemeanor
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0022| case before any magistrate unless a sheriff made the arrest in such
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0023| misdemeanor case."                                             
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0024| 
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0025|                                                              HB
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0001| 688
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0002|                                                              Page 
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