State ex rel. Baca v. Montoya

Citations

• 20 N.M. 104
• 146 P. 956

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1.The rendition of the services of a public officer is deemed to be gratuitious, unless a compensation is fixed therefor by statute.</p> <p>P. 108</p> <p>2. A deputy assessor, who is required by statute to take an official oath, is a public officer, and hence cannot claim compensation from the county, in the absence of a statute fixing his salary or compensation and providing for the payment of the same out of the county treasury.</p> <p>P. 108</p> <p>3. Where the law fixes no compensation for deputies, they must be paid by the officer who employs them, and not out of the public treasury.</p> <p>P. 109</p> <p>4. Where a deputy assessor is not entitled to compensation, for services performed, out of the county treasury, the assessor cannot, by paying such deputy a salary, recover the amount of such payment from the county.</p> <p>P. 110</p> <p>5. Under a statute authorizing the board of county commissioners to examine and settle and allow all accounts chargeable against the county, such board only has jurisdiction to allow and authorize the payment of legal accounts against the county; hence, where it allows an account which is not legally chargeable against the county, its action is without jurisdiction, and is null and void, and the county treasurer can rightfully refuse to pay a warrant issued for such unauthorized allowance. P. Ill</p>