New Mexico § 44-3-10 - Judgment for relator claiming office; provisions for changing possession; enforcement; punishment for contempt

§ 44-3-10. Judgment for relator claiming office; provisions for changing possession; enforcement; punishment for contempt

If the judgment be rendered in favor of the person so alleged to be entitled to the

office, it shall provide that upon his qualification as required by law, he shall

immediately thereafter demand of the defendant in the action all the books and papers

and insignia of the office in his custody and control and that the defendant shall

immediately comply therewith by turning over to him all of said books, papers and

insignia of the office. If the defendant fails or in any way refuses to comply with said demand, the plaintiff

or relator shall have an order of the court in said proceeding citing the defendant

as for contempt and directing him to show cause why he should not be punished therefor

and, if upon the hearing it be shown that the defendant was guilty of disobeying such

order, the court shall impose a fine of not less than one hundred ($100.00) dollars,

and not more than one thousand ($1,000.00) dollars, or not less than thirty (30) days

nor more than ninety (90) days in the county jail, or both such fine and imprisonment

within the limits stated. In addition the court may direct the further imprisonment of the party in contempt

until he complies with the order of the court. In addition to the foregoing such proceedings may be had as are provided for by

law to compel the delivery of such papers, books and insignia of office.