It is distinctly provided that when more than one subpoena or summons or service is made or performed upon more than one person in the same town or place, or when more than one prisoner is conducted from one place to another, the sheriff shall not charge more nor receive any mileage in excess of that which he would be entitled to for serving one subpoena in such place, or conducting one prisoner from one place to another: and provided, further, that in service of subpoena or summons in more than one town or place along the same route, the sheriff shall not be entitled to any greater mileage than that of the most distant point actually and necessarily traveled to in the discharge of his duties, with the additional mileage earned in actual and necessary travel from, and in returning to, the place of departure from any general route as aforesaid.

History: Laws 1895, ch. 35, § 6; C.L. 1897, § 1804; Code 1915, § 1272; C.S. 1929, § 33-4428; 1941 Comp., § 15-3822; 1953 Comp., § 15-40-22.

Compiler's notes. — The 1915 Code compilers deleted provisions at the beginning of this section which provided "mileage at the rate of 12 1/2 cents per mile" for serving process and transporting prisoners and "one dollar per day for feeding prisoners while en route to the penitentiary." Apparently, the omitted provisions were superseded by Laws 1897, ch. 60, § 11(10), compiled as 15-40-21, 1953 Comp. (repealed by Laws 1961, ch. 253, § 9) and Laws 1897, ch. 60, § 12(11), compiled as 15-43-11, 1953 Comp. (repealed by Laws 1961, ch. 253, § 9). See 4-41-19, 4-41-20, 4-44-18 NMSA 1978. See also 4-44-28, 4-44-29 NMSA 1978.

Cross references. — For reimbursement of county peace officers and constables for mileage traveled by private conveyances in serving judicial process, see 4-41-19 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, commission, mileage and per diem, see 4-44-28, 4-44-29 NMSA 1978.