Attorney General Opinions and Advisory Letters

Decision Information

Decision Content

Opinion No. [29-29]

January 5, 1929

TO: Office of the Attorney General of New Mexico

EXTRADITION -- Expense incurred in unsuccessful attempt not paid by State.

OPINION

In re: Requisition papers on Governor of Arizona to Waldo Anton, Sheriff of Santa Fe County.

I have your favor of the 3rd inst. submitting to me a voucher signed by Waldo Anton, Sheriff of Santa Fe County in which he seeks reimbursement from the State for an attempted extradition of a prisoner from the State of Arizona, which requisition was not honored by the Governor of Arizona. You asked me whether or not it will be legal for you to pay the same from State funds.

In reply thereto will state that § 2408 of the Code of 1915 provides that the governor is authorized to pay the costs and expenses incurred in the apprehension and transportation to this State of the accused from state funds in these extradition cases. Since this was merely an attempted extradition the expenses of the sheriff cannot be paid from state funds.

Incidentally, the intention of the legislature in these matters is fairly clear, because the legislature of 1915 made a special appropriation to reimburse an officer for expenses in an attempted extradition of a man from the State of Texas, under the head of "Reimbursement of C. R. Williamson", page 130 of appendix to Code of 1915.

It is obvious, of course, that Mr. Anton should be reimbursed for his expenses, but he cannot receive the same from the State, unless, of course, the legislature should pass a special law reimbursing him; otherwise his remedy lies with his own county.

I am returning to you herewith Mr. Anton's voucher.

1926

26-3915

26-3914

26-3913

26-3912

26-3911

26-3910

26-3909

26-3908

26-3907

26-3906

26-3905

26-3904

26-3903

26-3901

26-3900

26-3899

26-3898

26-3897

26-3896

26-3895

26-SUPPLEMENTAL OPINION NO. 3885

26-3894

26-3893

26-3892

26-3891

26-3890

26-3889

26-3888

26-3887

26-3886

26-3885

26-3884

26-3883

26-3882

26-3881

26-3880

26-3878

26-3877

26-3876

26-3875

 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.