Attorney General Opinions and Advisory Letters

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Opinion No. 21-3187

November 17, 1921

BY: HARRY S. BOWMAN, Attorney General

TO: Hon. A. G. Simms, Chairman, Board of County Commissioners, Albuquerque, New Mexico.

Sinking Funds May Not Be Used for Current Expenses of County.

OPINION

{*98} Reply to your letter of the 5th instant has been delayed owing to the fact that I have been away from the office a considerable part of the time since its receipt.

You ask if county commissioners may legally expend for current expenses moneys in the sinking fund of the county?

Public moneys that are collected for a specific purpose may not be legally expended for any other purpose and, therefore, it would not be legal to use sinking fund moneys for current expenses or for any other purpose other than that for which the said sinking fund was created.

 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.