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Opinion No. 42-4193

November 30, 1942

BY: EDWARD P. CHASE, Attorney General

TO: Mr. C. R. Sebastian State Comptroller Santa Fe, New Mexico

{*284} This will acknowledge receipt of your letter of November 28, 1942, wherein you have inquired as to what the correct fee is that a county clerk may charge for a transcript of a marriage record.

I enclose herewith for your use and information a copy of Opinion No. 3720 which points out that certified copies of marriage license are to be furnished to the Veteran's Administration without charge.

When a civilian is securing a transcript of a marriage record, it is my opinion that Section 33-4306, 1929 Compilation, prescribes the fee by virtue of the following language:

"The county clerk shall be allowed the following fees:

* * *

For copying any order, record or paper, for every one hundred words, ten cents;"

It is my belief that the fee to be charged under our present statutes for the issuing, acknowledgment and recording of a marriage license and a marriage certificate is $ 2.50. See Section 1, Chapter 22, Laws of 1941. In this connection I will state that it is my opinion that Section 87-119, 1929 Compilation, has been repealed by implication.

You will note that the last two sections mentioned do not prescribe the amount to be charged for a transcript of the record and it is for this reason that I am of the opinion that the ten cent per hundred word fee should be charged.

By GEO. H. HUNKER, Jr.

Asst. Atty. General

 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.