Until otherwise provided by law, a county clerk shall be elected in each county who shall, in the county for which he is elected perform all the duties now performed by the clerks of the district courts and clerks of the probate courts.

ANNOTATIONS

Comparable provisions. — Idaho Const., art. V, § 16.

Compiler's notes. — Laws 1968, ch. 69, § 20 (34-6-19 NMSA 1978) provides for appointment of a clerk for each county of a judicial district and for appointment of deputy clerks as needed.

Certification of transcript. — A transcript of judgment may properly be certified by a county clerk unless a statutory change of designation has been made. Cannon v. First Nat'l Bank, 1930-NMSC-087, 35 N.M. 193, 291 P. 924.

Powers of county clerk. — The county clerk succeeding to the offices of clerk of the district court and the probate clerk, pursuant to this section, could perform all duties and exercise all powers formerly devolving upon the court clerks, including the taking of acknowledgments. 1914 Op. Att'y Gen. No. 14-1442.

County clerk was entitled to salary specified by law but not to additional compensation for performing duties of clerk of district court, but deputy could be employed if duties required it. 1931 Op. Att'y Gen. No. 31-241.

Probate files. — As probate clerk, the county clerk is required to keep a record of decedents' estates and other probate matters; there is no statutory provision for the storage of such probate files at a place other than the county clerk's office. 1961 Op. Att'y Gen. No. 61-127; see also, 34-7-20 and 34-7-21 NMSA 1978.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 15A Am. Jur. 2d Clerks of Court §§ 1, 2, 21, 28.

Per diem compensation of court clerks, 1 A.L.R. 280.

Civil service laws as applicable to court clerks, 14 A.L.R. 637.

Assistance, right of clerk of court to issue writs of, 21 A.L.R. 357.

Money paid to clerk of court by virtue of his office, liability for, 59 A.L.R. 60.

Records, discretion of clerk as to permitting examination or use of, by abstractor or insurer of title, 80 A.L.R. 773.

Removal of clerk, court's power as to, 118 A.L.R. 171.

Liability of county clerk or prothonotary, or surety on bond, for negligent or wrongful acts of deputies or assistants, 71 A.L.R.2d 1140.

21 C.J.S. Courts §§ 249 to 255.