PRISONERS. $ 836. No sheriff, jailer or their deputies shall receive under their custody any prisoner or prisoners that may be remitted from any other county. Prisoners to be confined in county where crime committed. re Sheriff may move prioners when $837. Hereafter all persons charged with crime committed in the Territory of New Mexico, while awaiting indict ment or trial on such charge, shall be incarcerated in the county jail of the county wherein such crime is alleged to have been committed, except that such persons may be temporarily imprisoned in other places of confinement while being conveyed or awaiting conveyance to the jail of the proper county: Provided, That the sheriff of any county, having the custody of anyone charged with the commission of crime, life in danger. shall be authorized to remove such person to another county jail, or any other place of safety, when in the opinion of such sheriff the life of such person is in imminent danger: Provided, further, That this section shall not prevent a person being confined in a jail other than the one belonging to the county in which the crime charged is alleged to have been committed, when such person is confined in such other jail in consequence of having taken a change of venue to such other county. § 838. Whenever any person shall be imprisoned in any county other than the county in which the crime is alleged to have been committed, in violation of this act, the expense of such imprisonment shall be borne by the county in which such person is so illegally imprisoned: Provided, That whenever any prisoner shall be removed to another county under the provisions of section eight hundred and thirty-seven, then, and in such case, the expense of removal and keeping such prisoner shall be paid by the county from which such prisoner was so removed. C. 8. L. 89. § 1: Jan. 22. county in Expense to be which prisoner is in conformity with imprisoned unless see. 837. id. § 2. Person to be transferred to County mitted. § 839. Any person now imprisoned in any county other than the county in which the crime charged is alleged to have where crime been committed, shall, if such proper county have a jail of its own, be immediately transferred and returned thereto, by the sheriff of the county in which such prisoner now is. Id. § 3. com Having no jail, county commisto make other arrangements § 840. In case of any county in this territory not having a jail or proper place of confinement for its prisoners, then sioners the board of county commissioners of such county shall make proper arrangements with some other county for the incarceration and care of its prisoners and such jail of such other county, so designated by any board of county commissioners of any county not having a jail or other proper place of confinement, shall be the legal place of confinement of the prisoners of said county. Id. § 1. Prisoners compelled to labor; when; § 841. All prisoners convicted of crime and sentenced to the county jail as a punishment, shall be compelled by the may be secured. sheriff or jailer of each county in the territory, to labor during the term of his or her sentence at some useful employment during the term of such sentence, unless such prisoner is absolutely unfitted for labor by reason of age or sickness. And it shall be lawful to secure such prisoners by ball and 1: April 3. L. 1884, chap. 85, § chain or otherwise, or other proper and convenient means not amounting to cruel or inhuman treatment, so to prevent their escape. Chapter 60, laws 1897, with reference to county officers, fees and salaries. is appended at end of this chapter for information, although by its terms it does not go into effect until the future. Vacancies: county commissioners fill. to $ 842. Where any vacancy may exist in any board of county commissioners within this territory, the governor shall See sec. 064. sub. appoint and fill such vacancy until their successor or successors be elected and qualified. div. 15. C. 17. L. 89. § 11. Jan. 31. Officers: one can for another. 843. No county or district officer shall be in future surnot be bondsman ety 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. L. 1882. chap. 34, § 1: Feb. 15. Tr. Removals: causes for. REMOVALS FROM OFFICE. § 844. All justices of the peace, constables and sheriffs may be accused, tried and removed from office for official misdemeanors, in the manner and for the causes following: First. For habitual or willful neglect of duty. Second. For gross partiality. Third. For oppression. Fourth. For corruption. Fifth. For extortion. Sixth. For willful mal-administration. Seventh. For conviction for larceny, burglary, rape, mur92. § 4: Jan. 14, 1853 der, forgery, or any crime which would make him infamous. C. L. 1865. chap. Accusation: juris diction. Id § 5. Accusation, how made and verified. $845. Any person may make such accusation, and the district court shall have exclusive original jurisdiction thereto, by a summons. $846. The complaint shall be by an accusation against the accused, and the accusation must state the offense charged in ordinary and concise language, and in such manner, as to enable a person of common understanding to know what is in tended; it must be verified by the oath of the person making it to the effect that he believes the charges to be true. 847. It will be sufficient that the summons require the accused to appear and answer the complaint of A. B. (naming the accuser) for official misdemeanor, but a copy of the complaint must be served with the summons, and such summons and service must be made five days before the first day of the term of the court in which the offense is triable. § 848. If the defendant does not appear, on or before the second day of the term of the court at which he is cited to appear, the court may proceed to hear and determine the accusation in his absence. § 849. The defendant may answer the accusation either by objection to the sufficiency thereof, or any article therein, or by denying the truth of the same. C. L. 1863. C. 92, § 6: Jan. 14, 1852. Summons: how and when made. Id. § 7 Hearing without appearance. Id. § 8. Accusation; how answered. Id. § 9. Objection: how $850. If he objects to the legal sufficiency of the accusa- made. tion the objection must be in writing, but need not be in any special. form, it being sufficient if it present intelligibly, the grounds of the objection, and if the defendant deny the truth of the accusation he may do so orally and without oath there to. $ 851. If the objection to the sufficiency of the accusation be not sustained the defendant must answer the accusation forthwith. § 852. If the person accused be the sheriff of the county, the clerk may issue the summons and all other papers in the cause to the marshal of the territory, or any constable of the county. ld. § 10. Answer forthwith; when. Id. § 11. Summons; clerk to issue: when. ld. § 12. Suspension $853. If a continuance take place beyond the return term, office; when, the court may suspend the accused from the functions of his office, until the determination of the cause, if sufficient cause appear from testimony or affidavits then presented; and when such suspension takes place the court shall cause a copy of the order of suspension to be served on the governor of the territory without delay, who shall fill the office by a temporary appointment. 854. All accusations of facts shall be tried as in other actions, and if the accused is found guilty, judgment shall be rendered, removing the officer from the office and declaring the office vacant. Governor from to fill Court may supply when. § 855. When the accused is an officer of the court, and is place of accused; suspended, the court may supply his place, by appointment for the term. Id. § 15. $856. The accuser and the accused are liable for the costs for. as in other actions. Id. § 16. $857. That hereafter in this territory, no person who cannot read and write sufficiently well to keep his own record in either the English or Spanish languages, shall be eligible to be elected or appointed to or hold the office of justice of the peace, constable, school director, school treasurer or any other office or position of trust in which writing is required Jan. 31. to be done or a record is required to be kept. $858. For the purpose of regulating the fees of the sheriffs' and collectors offices and the pay of said officers, the counties of this territory shall be divided into two classes; C. 12. L. 89. § 1; Counties divided into classes. Feb. 23. C. 71. L. 93, § 7; each county containing, by the census of 1890, seven thousand or more inhabitants shall be a county of the first class, and each county containing less than seven thousand inhabitants shall be a county of the second class: Provided, That from time to time, when the county commissioners shall think it necessary, they shall have a census taken of their respective counties for the purpose of classifying the same under the provisions of this act, and as new counties are formed the provisions hereof shall apply to each as if now in existence. $859. In counties of the first class the offices of the sheriff and collector shall be separate, and the same person shall not hold both said offices at the same time, and in such counties a collector shall be elected at the regular election in November, 1894, or at the first general election held after the passage of this act, and bi-ennially thereafter, as other county officers are elected; and the duties of said collector shall be as now provided by law for the sheriff as ex-officio collector, with the same penalties for misfeasance or non-performance of the same, and whose compensation and pay shall be as hereinafter provided. § 860. In counties of the second class the sheriff shall be ex-officio tax collector, his duties remaining as now provided by law and his compensation and pay being as hereinafter fixed. § 861. The bonds of the sheriffs and ex-officio collectors, and collectors, shall be in the sums and conditions as now provided by law for ex-officio collectors and sheriffs. § 862. The several officers herein named shall, from the time that this act or any part of it takes effect, each of them, in a book provided for that purpose, keep a full, true, accurate and minute account of all fees and emoluments of his office. designating in corresponding columns the amount of all fees and emoluments earned and all payments received on account thereof. Such accounts shall always.be open to the inspection and examination of the public. 863. The sheriffs, county clerks and all other county officers who receive fees, shall make to the chairman of the board of county commissioners an itemized report in writing under oath of all fees, commissions and emoluments of his office of every nature and description whatsoever at each regular session of the county board. Such report shall state fully the manner in which such fees and emoluments accrued. § 864. It shall be the duty of the board of county commis sioners to audit such accounts and adjust the same in accordance with the facts. § 865. All fees collected by county officers who receive fixed salaries in lieu of fees, shall be paid over to the county treasurer, and shall be kept by him in a separate fund, to be known as the Officials Fee Fund, and in case there is any surplus after the salaries of the different officers named in this act are paid, at the end of the year, the balance shall be placed to the credit of the general county fund; and if such fund should prove insufficient to pay said salaries the deficiencies shall be met from the general county fund. 866. Every officer named herein shall collect every fee as prescribed in this act or by law for services performed by him in advance, if the amount of the same can be ascertained, and when any officer shall negligently or willfully fail to collect any such fee, double the amount shall be charged to him on account of his salary, if his is a salaried office. Officers refusing to pay over; penal § 867. Any officer failing or refusing to pay over to the county treasurer the fees of his office as provided in this act ty." shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not less than fifty dollars and not more than one thousand dollars, or be imprisoned in the penitentiary not less than six months nor exceeding two years, or by both such fine and imprisonment, and may be removed from office by the court before whom the conviction is had. THE FOLLOWING ACT, APPROVED MARCH 18th, 1897, APPEARS Section 1. That for the purposes of this act the counties of New Mexico are hereby divided into counties of the first, second, third and fourth classes. Bernalillo and San Miguel shall be counties of the first class; Santa Fe, Socorro, Dona Ana, Grant and Colfax shall be counties of the second class; Rio Arriba, Taos, Mora, Union, Chaves, Eddy, Lincoln, Sierra and Valencia counties shall be counties of the third class; Guadalupe and San Juan shall be counties of the fourth class. Sec. 2. That chapter fifty-seven of the session laws of 1887, an act entitled, "An act creating a police force in the county seats and providing that the county coroners shall be ex-officio chief of police," is hereby repealed in all its provisions. Sec. 3. The office of road supervisor of the various precincts of each county is hereby abolished and hereafter the justices of the peace of each of the various precincts shall be ex-officio road supervisor and shall receive as compensation the sum of five dollars per annum for his services as such exofficio road supervisor, and shall give a bond in the sum of not less than three hundred dollars for the faithful performance of his duties as justice of the peace and ex-officio road supervisor. This section shall take effect January 1st, 1898. Sec. 4. The county school superintendent of the several counties of this territory shall receive the following compensation: For counties of the first class, eight hundred dollars per annum. For counties of the second class, six hundred dollars per annum. For counties of the third class, four hundred dollars per annum. For counties of the fourth class, three hundred dollars per annum. This section shall take effect January, 1899. Sec. 5. The probate judges of the several counties of this territory shall receive the following compensation: Id § 26. |