Summers v. Board of County Commissioners

Citations

• 15 N.M. 376
• 110 P. 509

Syllabus

<p>SYLLABUS (BY THE COURT.)</p> <p>1. A probate clerk who, upon, the formation of a new -county, makes transcripts of the property records of the old •county for the use of such new county pursuant to 'Chapter ■70 of the Laws of 1899„ and in so doing uses printed forms of conveyances which he must compare and in many instances correct and interline, is entitled to .the folio rate upon ’the printed folios as well as upon those written.</p> <p>2. The administrator of the estate of such probate clerk cannot recover on behalf of such estate for work done by such administrator in connection with such transcripts and after the death of the probate clerk.</p> <p>■ 3. Such probate clerk having died# in 1906 with the work only partially completed, the compensation which goes to his estate is fixed by Chapter TO of -the Laws of 1899 in connection with C. L., Sec. 1768, .and- not by the subsequently ■enacted Chapter 28 of the Laws of 1907, which latter as a part of the work compensated for imposes additional duties never performed by such probate clerk.</p> <p>4. The present record affords no basis of fact upon which to entertain the suggestion that the probate clerk failed to certify each book prepared by him according to Sec. 2, of Chapter 70, of the Laws of 1899, nor for the contention thit the claim as allowed will lead to a violation of the Springer Act, in so far as the latter controls the relation between the indebtedness of Sandoval County and the tax able property of such county.</p>