Constitutions, Laws, Statutes and Hope

Bonding laws required by the NM &
US constitutions and New Mexico Statutes.
 Penal bonds vs insurance.

                         BONDING NMSA Statutes  10-2-1 thru 10-2-10

 


 New Mexico Statute 10-2-1. [Sureties on bonds; qualifications.] (1909)


No bond of any public officer of this state executed by any individual, or firm as surety, shall be accepted or approved unless the persons or firm executing the same shall be the owners of unencumbered real estate or personal property in this state to an amount equal to the amount for which they respectively qualify on such bonds.


History: Laws 1909, ch. 122, § 2; Code 1915, § 511; C.S. 1929, § 17-107; 1941 Comp., § 10-201; 1953 Comp., § 5-2-I



 New Mexico Statute 10-2-2. [County or district officer not to be surety for

another official.] (1882)


No county or district officer shall be in future surety on the official bond of another county officer, and no such officer who shall be required to give bond shall be considered as qualified, if any other of the officers above mentioned shall give such bond.


History: Laws 1882, ch. 34, § 1; C.L. 1884, § ~01; C.L. 1897, § 843; Code 1915, § 512; C.S. 1929, § 17-108; 1941 Comp., § 10-202; 1953 Comp., § 5-2-2.


 New Mexico Statute 10-2-3. [State and county officers prohibited from being

sureties.] (1903)


It shall be unlawful for any state or county officer who is required by law to give official bonds to sign any bond or become surety for any other person or persons during the term for which he is required to give official bonds for himself [Emphasis added.] History: Laws 1903, ch. 57, § 1; Code 1915, § 513; C.S. 1929, § 17-109; 1941 Comp., § 10-203; 1953 Comp., § 5-2-3.


 New Mexico Statute 10-2-4. [Public officer becoming surety; misdemeanor in


office.] (1905)


Any violation of the preceding section [10-2-3 NMSA 1978] shall constitute a misdemeanor in office.


History: Laws 1903, ch. 57, § 2; 1905, ch. 85, § 1; Code 1915, § 514; C.S. 1929, § 17-110; 1941 Comp., § 10-204; 1953 Comp., § 5-2-4.


 New Mexico Statute 10-2-5. [Recording of bonds required.] (1893)


The bonds given by all persons elected or appointed to office in this state shall be recorded.


History: Laws 1893, ch. 56, § 1; C.L. 1897, § 3187; Code 1915, § 515; C.S. 1929, § 17-111; 1941 Comp., § 10-205; 1953 Comp., § 5-2-5.


 New Mexico Statute 10-2-6. [Record of official bonds of state and district


officers.] (1893)


The bonds of all state and district officers shall be recorded in a record book to be provided for that purpose, and known as the record of official bonds, in the office of the secretary of state. [Emphasis added.] ,


History: Laws 1893, ch. 56, § 2; C.L. 1897, § 3188; Code 1915, § 516; C.S. 1929, § 17-112; 1941 Comp., § 10-206; 1953 Comp., § 5-2-6.


 New Mexico Statute 10-2-7. [Filing of bonds by officials of state and state


agencies.] (1905)


The bonds of all state officials, and of the members of all state boards and institutions, after having been recorded as required by law, shall be filed and kept in the office of the secretary of state; and all state bonds now filed elsewhere shall be transferred to the office of the secretary. [Emphasis added.]


History: Laws 1905, ch. 59, § 1; Code 1915, § 517; C.S. 1929, § 17-113; 1941 Comp., § 10-207; 1953 Comp., § 5-2-7.


 New Mexico Statute 10-2-8. County and precinct officers; recording and filing bonds. (1967)


The bonds of all county officers and constables shall be recorded in the office of the county clerk in a book designated as the record of official bonds. After having been recorded, the bonds shall be filed and kept in the office of the county clerk.


History: Laws 1893, ch. 56, § 3; C.L. 1897, § 3189; Code 1915, § 518; C.S. 1929, § 17-114; 1941 Comp., § 10-208; 1953 Comp., § 5-2-8; Laws 1967, ch. 238, § 2.


 New Mexico Statute 10-2-9. [Recording as prerequisite to discharging duties

of office.] (1893)



Each and every person who may hereafter be elected or appointed to office in this state, required by law to give bond, shall file the same for record before entering upon the discharge of the duties of the office. [Emphasis added.]


History: Laws 1893, ch. 56, § 5; C.L. 1897, § 3190; Code 1915, § 519; C.S. 1929, § 17-115; 1941 Comp., § 10-209, 1953 Comp., § 5-2-9.


 New Mexico Statute 10-2-10. [Action on bond; use of certified copy.] (1893)



In all actions at law upon the bond of any officer in this state wherein the original bond of such officer cannot be produced in court, the certified copy thereof, under the seal of the officer making the record, shall be received by any court for the same uses and purposes as the original bond; and any judgment rendered and execution issued against the principal and sureties therein shall be as valid and binding and of as full force and effect as if the original bond had been produced in court in said action at law.


History: Laws 1893, ch. 56, § 6; C.L. 1897, § 3191; Code 1915, § 520; C.S. 1929, § 17-116; 1941 Comp., § 10-210; 1953 Comp., § 5-2-10.


Cross references. -For enforcement of collection of bond, see 6-10-38 NMSA 1978.

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