For commissions for receiving or paying moneys on executions, where lands, goods or chattels have been levied upon, advertised and sold, four per centum on the first five hundred dollars [($500)], and two percent on all sums above that; also the actual expenses incurred in taking care of any such goods or chattels so levied upon, between the day of levy and sale; and one-half of said commission, when the money has been paid without making levy or sale.

History: Laws 1895, ch. 35, § 2; C.L. 1897, § 1800; Code 1915, § 1267; C.S. 1929, § 33-4423; 1941 Comp., § 15-3819; 1953 Comp., § 15-40-19.

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

Cross references. — For fee for levy and return of execution, see 4-41-16 NMSA 1978.

For collection and disposition of fees, commissions, mileage and per diem, see 4-44-28, 4-44-29 NMSA 1978.

Taxation of expenses of keeping and preserving attached property as costs. — The court properly taxed as costs the necessary expenses of the sheriff in keeping and preserving attached personal property in his possession and control. Jones-Noland Drilling Co. v. Bixby, 1929-NMSC-091, 34 N.M. 413, 282 P. 382.

The defendant or debtor is chargeable with the sheriff's commission herein provided as one of the costs. 1943 Op. Att'y Gen. No. 43-4314.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 30 Am. Jur. 2d Executions § 205 et seq.; 70 Am. Jur. 2d Sheriffs, Police, and Constables §§ 68 to 75, 77 to 81, 83, 84, 86 to 89.

Personal liability of sheriff for negligence causing damage to property, 53 A.L.R. 41.

Liability of sheriff executing process of execution or attachment for failure to seize sufficient property, 93 A.L.R. 316.

Right of sheriff or constable to demand indemnity bond as a condition of executing process or seizure of property in absence of claim by third person, 95 A.L.R. 943.

Duty of sheriff as to care of property levied upon, 138 A.L.R. 710.

80 C.J.S. Sheriffs and Constables §§ 485 to 489.