State ex rel. Garcia v. Board of Commissioners

Citations

• 21 N.M. 632
• 157 P. 656

Syllabus

<p>SYLLABUS BY- THE COURT.</p> <p>1. - The answer to an alternative writ of mandamus under our statutes may assign any legal reasons upon which respondent relies to defeat the issuance of the peremptory writ, as well as plead the facts, if any exist, on which he relies to defeat the issuance of the same.</p> <p>P. 637</p> <p>2. The Legislature, by the provisions of section 2 of chapter 12 of the Laws of 1915, providing for the salaries of deputy sheriffs of counties of the fourth class, a total of not to exceed $700, intended to provide for the payment of salaries of such deputies as were appointed after the election of the county officers at the first general election held under the Constitution of the state, where deputies had been employed and expenditures made or contracted, to the extent of such limitation. The further limitation of the section that none, referring to deputies, be employed except upon the authority of the board of county commissioners was intended to have application only to the future, and does not require authorization of the board of county commissioners in the employment of deputies prior to the passage of the act.</p> <p>■ P. 641</p> <p>3. An account by the sheriff of a county of the fourth class for reimbursement for sums paid out on account of the employment of deputies is not in contravention of the provisions of section 1 of article 10 of the Constitution of New Mexico, prohibiting county officers from receiving to their own use any fees or emoluments other than the annual salary provided by law.</p> <p>P. 646</p>