New Mexico Statutes

N.M. Stat. § 23-1-7 (2026)

[Penalty for exceeding appropriations.]

✓ current as of May 2026

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   Any person violating any of the provisions of the two preceding sections [23-1-5, 23-
1-6 NMSA 1978] shall be deemed guilty of a felony, and, upon conviction thereof, shall
be punished by a fine not exceeding $500 nor less than $100, or by imprisonment in the
penitentiary for not less than six months nor more than one year, or by both such fine
and imprisonment in the discretion of the court trying such cause.

History: Laws 1912, ch. 69, § 3; Code 1915, § 5160; C.S. 1929, § 130-1310; 1941
Comp., § 5-111; 1953 Comp., § 13-3-11.

                                      ANNOTATIONS

Bracketed material. — The bracketed material was inserted by the compiler and is not
part of the law.

Notes of Decisions

Cited in 8 cases (1 in the last 5 years), 1963–2022 · leading case: Peralta v. Martinez, 564 P.2d 194 (N.M. Ct. App. 1977).

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Peralta v. Martinez, 564 P.2d 194 (N.M. Ct. App. 1977). · cites it 6× “1953 are tolled in accordance with law and Section 23-1-7, N.M.S.A. (1953), and Plaintiff's right of action accrued not before but on or about April 17, 1973.”

Gaston v. Hartzell, 549 P.2d 632 (N.M. Ct. App. 1976). · cites it 2× “Section 23-1-7, N.M.S.A.1953 (Vol. 5) provides: In actions for relief, on the ground of fraud .”

Romero v. Sanchez, 492 P.2d 140 (N.M. 1971). · cites it 3× “Section 23-1-7, N.M.S.A., 1953, relied upon by plaintiffs, provides: "23-1-7.”

Chisholm v. Scott, 526 P.2d 1300 (N.M. Ct. App. 1974). · cites it 2× “" See also § 23-1-7, N.M.S.A. 1953, being one of the special provisions to which reference is made in § 23-1-1, supra.”

Roybal v. White, 383 P.2d 250 (N.M. 1963). “New Mexico, following the majority, has held that a cause of action for personal injuries for malpractice accrues at the time of the wrongful act causing the injury. Kilkenny v. Kenney, supra. Tolling of the period of the statute of limitations by reason of fraudulent…”

Hardin v. Farris, 530 P.2d 407 (N.M. Ct. App. 1974). “” In that case, the Supreme Court stated: “Tolling of the period of the statute of limitations by reason of fraudulent concealment of the facts giving rise to the cause of action or mistake, within § 23-1-7, N.M.S.A.1953 (Repl.VoI. 5), was not alleged in the complaint and may…”

Miller v. Miller, 490 P.2d 672 (N.M. 1971). “” and § 23-1-7, N.M.S.A. (1953 Comp:), reading: ■.”

Iron Horse Welding, LLC. v. Beach (Bankr. D.N.M. 2022). · cites it 2× “[T]he courts of New Mexico have read into this statute the requirement that the aggrieved party must exercise reasonable care and diligence 7 1953 NMSA § 23-1-7. The language is the same. in their own actions .”

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