A. Peace officers and constables shall be allowed mileage or the distance actually and necessarily traveled by privately owned conveyance in serving any judicial process.

B. In serving any jury venire, a sheriff, deputy sheriff, constables [constable] or other county peace officer shall charge for the actual mileage traveled and necessary in providing service of jury venire.

C. If more than one peace officer or constable travels in one privately owned conveyance in the performance of official business, only the officer owning the conveyance used shall be reimbursed.

History: 1953 Comp., § 15-40-21.1, enacted by Laws 1961, ch. 253, § 2; 1963, ch. 9, § 1.

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

Cross references. — For charge for service of more than one subpoena or summons, see 4-41-21 NMSA 1978.

For payment of per diem expenses of sheriffs, deputy sheriffs and guards for serving process and other official business, see 4-44-18 NMSA 1978.

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

Sheriff could not collect from the county service fees and mileage for the service of process issued on behalf of the county or state. State ex rel. Peck v. Velarde, 1935-NMSC-033, 39 N.M. 179, 43 P.2d 377 (decision under former law).

The state and its agencies are required to pay the statutory fees for service of process. 1979 Op. Att'y Gen. No. 79-29.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 70 Am. Jur. 2d Sheriffs, Police, and Constables § 89.

80 C.J.S. Sheriffs and Constables §§ 498 to 500.