For every neglect on the part of any probate judge, or clerk of any probate court of the state, in the discharge of their duties as prescribed in the previous section [34-7-4 NMSA 1978], the one so failing, upon conviction thereof in the district court, shall be fined in a sum not exceeding five thousand dollars [($5,000)].

History: Laws 1869-1870, ch. 51, § 2; 1882, ch. 82, § 1; C.L. 1884, § 16; C.L. 1897, § 750; Code 1915, § 1427; C.S. 1929, § 34-405; 1941 Comp., § 16-406; 1953 Comp., § 16-4-6.

Bracketed material. — The bracketed material in this section was inserted by the compiler. It was not enacted by the legislature and is not a part of law.

Compiler's notes. — The 1915 Code compilers, presumably under authority of Laws 1909, ch. 36, § 30 (compiled as 10-4-29 NMSA 1978), deleted, from the end of this section, the words "and the judge trying the cause, in addition to giving judgment against the guilty party, shall remove him from office and immediately appoint a capable person to hold said office, so vacated temporarily, and he shall officially notify the governor of the same, who shall at once order an election, which shall be held to fill such office in conformity with the election laws of the territory. The person appointed by any judge to fill any office shall have the qualifications now required by law for the office to which he has been appointed and shall be authorized to discharge all the duties of such office until his successor shall be elected and qualified: provided, that he shall be first qualified in the same manner as if he had been originally elected to such office."

Originally, under provisions of Laws 1887, ch. 8, § 1, the bond of the probate judge was set at $5,000, apparently to correspond with the maximum penalty provided under this section; however, the bond provision was reduced by Laws 1953, ch. 5, § 1 (16-4-3 1953 Comp., now repealed) from $5,000 to $500. See 10-1-13 NMSA 1978 for present provisions.