Attorney General Opinions and Advisory Letters

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Opinion No. 15-1625

August 24, 1915

BY: FRANK W. CLANCY, Attorney General

TO: Mr. Elias Vigil, Algodones, N. M.

Collection of liquor bills, and licenses for dances.

OPINION

{*199} I have today received your letter of the 21st inst. and hasten to reply.

You first ask me, in substance, whether there is any law which forbids the collection of bills for money due for liquor sold at a saloon. I know of nothing in our law in New Mexico which will prevent the collection of bills of that kind. Liquor is an article of merchandise and the business of selling it is licensed by law, and if credit is given the seller can recover his money the same as any other merchant can.

You ask me further on the subject of licenses for dances. The law on this subject you will find in the new codification of the statutes at Sections 3313 to 3317. I suppose that you must have received a copy of the new statutes by this time as one is to be sent to each justice of the peace in the state. There does not seem to be any fee provided for the issuance of the license, and {*200} the general fee bill of justices of the peace to be found in Section 3282, does not contain anything for issuing such a license. Therefore, it is one of those burdens which the justice of the peace is compelled to assume without any compensation.

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.