C. L. 1865. chap. 16, § 868. The supreme court shall have appellate jurisdiction in all cases, both civil and criminal, which may be deter § 1: Sept. 22, 1846. mined in the district court. Territory vs. Ortiz, vol. 1. page 5, N. M. Rep. Appellate diction. juris Adjournments: continuance. § 869. If there shall not be a quorum of the justices of the said supreme court present on the first day of any term, the court shall stand adjourned from day to day until a quorum shall attend; and if from any cause the supreme court shall not sit on any day in a term after it shall have been opened, there shall be no discontinuance, but so soon as the cause is removed the court shall proceed to business until the end of the term, or until the business pending before it be disposed $2: Feb. 2. 1859. of. C. L. 1865, chap. 15, Process; return of. § 870. All process which shall be issued from the said supreme court shall bear teste in the name of the chief justice, be signed by the clerk, dated when issued, and sealed with the seal of the court; and all such process shall be made returnable according to law, or such rules and orders as the § 3: Sept. 22, 1818. court may prescribe. § 871. Any process which may be issued from the said supreme court, or any justice thereof, or the clerk, shall be executed by the officer or person to whom it shall be directed, in any county or place in this territory, in the usual manner that process is or may be required to be executed and re turned. $872. The sheriff of the county of Santa Fe shall, when required, attend upon said supreme court as upon other courts in the territory, and perform such duties as required by law and the rules of said court, and receive such fees and compensation as permitted by law. $873. The said supreme court and the district courts shall have power to issue all writs granted by law to the circuit and district courts of the United States, and the supreme court to make and establish all necessary rules and forms of proceeding touching such writs in conformity with. the known general principles, usages and objects of such pro cess. C. L. 1865. chap. 15, Process; tion of. Id. § 4. execu Sheriff of Santa Fe county to attend. Id. § 5. Writs; power to issue. Rules; to make. Id. § 6. Practice; rules 874. It is hereby made the duty of the said supreme and forms of. court to ordain and establish, both for itself and the district courts, in all matters pertaining to their respective jurisdictions, all necessary rules and forms of proceeding and practice, not inconsistent with the laws of this territory. 875. The chief justice and associate justices of the supreme court of the Territory of New Mexico, when assembled at the seat of government, are hereby empowered to make and prescribe rules regulating the practice in the su preme and district courts of the territory, but such rules shall not conflict with any of the laws of the United States or of the Territory of New Mexico. 876. Such rules shall not hereafter go into effect until the expiration of thirty days from the date of their adoption, and it shall be the duty of the clerk of the supreme court to cause them to be published in some newspaper of general circulation, published at the seat of government, or a printed Id. § 7. Shall make rules. C. 72, L. 87. § 1; Feb. 24. When to take effect. Feb. 24. C. 12. L. 87, § 2; Copy thereof to be mailed to each practicing attorney of record in each of the district courts in the territory, whose postoffice address can be ascertained. Chancery proced ure. Section eight hundred and seventy-seven obsolete and omitted. § 878. The said supreme and district courts, in the exercise of chancery jurisdiction, arising in all causes and matters in equity, shall conform in their decisions, decrees and procedure, to the laws and usages peculiar to such jurisdiction in this territory, and the supreme, circuit and district courts C. L. 1865. C. 15. § of the United States. 8: Sept. 22, 1846. Promotion of jus tice. Id. § 9. Judges required to hold district courts. § 879. The said supreme court, in all its rules, forms of proceeding and practice, for itself, the district court, and the judges thereof, shall endeavor carefully to promote and secure justice and right, and prevent injustice and delay. § 880. The judges of the supreme court of the Territory of New Mexico are hereby required to hold the district courts in the respective districts to which they have been assigned, and in each county of said districts, for the disposal of all civil and criminal business within said counties, in exact conform$ 11; Jan. 3, 1852. Tr. ity with law. C. L. 1865, chap. 15, Districts may change. Id. § 12. of Judges may perform duties another: when. L. 1884, chap. 18, § 1: April 3. length Sessions: of: chambers. U. S. vs. Monte, vol. 2, page 265, W. C. Rep. § 881. The judges of the supreme court holding district courts may alter and change their districts temporarily. § 882. When any judge of any district court shall be absent from his district, or shall be in any manner incapacitated from performing any of his duties as such judge, any other district judge in the territory may perform any and all such duties for him the same as he might do if present or able to act: Provided, That nothing herein contained shall be held to require that such other district judge must come within the district of the judge for whom he is acting before he can properly perform such duties as aforesaid. § 883. The supreme court shall continue in each of its sessions as long as the business in said court may require, and shall always be considered open at the chambers of the judges of said court out of term, for the hearing of applicaC. L. 1865. chap. 15. tions for a supersedeas, on a judgment of the district court. § 14: Jan. 3, 1852. Appeals: effect of divided opinions. C. L. 1865, chap. 15. § 18: Feb. 9, 1854. Tr. Session of supreme court; when held. § 884. In all appeals from the district courts of this territory to the supreme court, when the judges of the supreme court are equally divided, the opinion of the court below shall be confirmed: Provided, That the judge who decided the case in the court below, shall not vote on any question which may arise in the same case, unless he shall be of opinion that his decision in the court below should be reversed, and the other two judges be divided on the question. But the judge who tried the case in the court below may give his reasons for any opinion which he may have given, and quote authorities to sustain such decision. § 885. The annual term of the supreme court shall begin on the last Monday in July in each year, and continue until C. 19. L. 91. § 1 adjourned by order of the court. Feb. 10. Judgments filed in vacation; when. § 886. When causes are or have been argued and submitted during any session of the supreme court, judgments in writing, together with the opinions, may be filed by the judges thereof in the office of the clerk of said court in vacation, and such judgment shall be entered by the clerk nunc pro tune as of the terms at which such causes were argued or submitted. L. 1882. chap. 14. $ 2: Feb. 28. Execution: officer shall notify parties. § 887. When any writ of execution issued out of the supreme court of this territory shall be placed in the hands of any officer for levy or collection and such officer shall fail to find any property whereof the same may be made or satisfied, such officer shall notify all persons who may be indebted to the defendant named in said writ, not to pay said defendant, but to appear before the district court from which said cause was originally taken by appeal or writ of error to said supreme court, and in said district court make true answer on oath concerning his indebtedness; and thereupon the like proceedings shall be had in said district court as in cases of garnishees summoned in suits originating by attachment in said Feb. 24. district courts. C. 35, L. 87, § 1: Clerk shall have calendar printed. § 888. The clerk of the supreme court shall, not less than five, nor more than ten days before the first day of each term of said court, make, and cause to be printed, a calendar of the cases pending in said court, and such cases shall be heard in the order in which they appear in said calendar, as far as practicable, the expense of printing such calendar to be paid by the territory upon an order of said court allowing and approving Feb. 24. the same. C. 71, L. 87, § 1: What shall show. § 889. Said calendar shall show the day upon which each case is set for hearing and shall also show in a separate list the cases set for each day of the term, and said clerk is hereby authorized and directed to set for hearing on some particular day each case pending in said court, unless otherwise directed by counsel for both of the opposing parties; and the setting of such cases for hearing shall be in the order in which Feb. 10. such cases have been docketed in said supreme court. calender C. 18, L. 91. § 1; Justices shall fix times of holding § 890. That the present chief justice and his associates of the supreme court of the territory of New Mexico are courts. hereby authorized and empowered to fix the terms of the several districts courts to be held in the several counties of the territory; and until any other or different time shall be so fixed, the terms of the said courts respectively shall be held Feb. 24. as now provided by law. C. 16, L. 87, § 1; All persons shall take notice of court. $ 891. All parties, witnesses, and other persons concerned, shall take notice of this act, and of the times and places of change in terms of holding the said courts respectively, as they shall be fixed by the said justices thereunder and all writs, processes, and notices that may have been issued or served before the taking effect of this act, or which shall be issued or served prior to the time of the holding of said courts respectively as the same shall be fixed by the said justices, in relation to matters now pending in the said court respectively, or in the district courts held or to be held in and for any judicial district, are hereby made returnable to the next term of the said courts respectively on the first day of such term as the same shall be fixed by the justices; and all suits, recognizances, indictments, informations, motions, rules, and other proceedings, which at the time of the fixing of said terms by the said justices, Feb. 24. C. 16. L. 87, § 2: shall be pending in any of the said courts, shall be prosecuted and acted upon therein, in the same manner as if the term so fixed by the said justices had been fixed at the time they were commenced, taken, issued or instituted. Cases in which the United States is a party. Id. § 3. New districts. Id. § 4. Proceedings on appeal or writ of error to supreme court. C. 1. L. 89, § 1: Jan. 5. What portion of § 892. All cases, civil and criminal, in which the United States of America is or shall be a party shall (subject to such change of venue as may be authorized by the existing laws) be granted in the judicial district which, at the time of the trial thereof, shall include the place wherein such offenses have been or shall have been committed. § 893. In case any new judicial district shall be established by law or the territorial limits of any present or future judicial district shall be lawfully changed, all records, proceedings, indictments, informations, suits, actions, and other causes and judicial matters, civil and criminal (or else proper transcripts whenever the court shall order them to be furnished instead of the originals), which are not transitory in nature and which are made triable by law in the judicial district or county wherein the offense, complaint, cause of action or other matter involved, was committed, took place, or accrued, may by order of the court wherein the same are or may be kept or pending, be removed and transferred to the clerk of the judicial district which includes or shall include the place wherein such offense, complaint, cause of action, or other matter, was committed, took place, or accrued. § 894. Whenever it shall be intended to review on appeal or writ of error any judgment or decree of any district court, it shall not be necessary that any record of the pleadings or proceedings in the cause in the district court shall be or shall have been prepared by the appellant or plaintiff in error, or a copy served on the opposite party or his attorney. But the party taking or having taken such appeal or writ of error, may file, or cause to be filed in the supreme court, the whole of the record in the cause, or such part thereof as such party may deem necessary for a review of the judgment or decree, and the opposite party, if the whole record be not filed in the supreme court, may file such other part of the record in the supreme court as may be deemed by such opposite party necessary to properly review the judgment or decree in the cause; and it shall not be necessary that the judge shall determine or shall have determined, what portion of the record and proceedings in the cause shall be transmitted to the supreme court; but when only a part of the record is filed, the supreme court shall determine whether there is sufficient in the part so filed to enable it to properly review the cause, and may require the production of the entire record, or such additional parts thereof as said supreme court may deem necessary for à proper review of the cause: Provided, That where more or a greater part of the record is filed in the supreme court than is necessary to properly review the cause, the supreme court may, in its discretion, tax the cost of such greater part against the person filing the same. $895. In all causes where appeals or writs of error have record may be filed. been taken to review in the supreme court any judgment or decree of a district court, and the judge has not determined what portions of the record and pleadings in the cause shall be transmitted to the supreme court, and the time has passed for docketing said cause and filing the record in said supreme court, the party taking said writ of error or appeal may, within twenty days after the approval of this act, file in the supreme court, the record in said cause in accordance with the provisions of section eight hundred and ninety-four, without it being necessary to have determined by the judge what portion of the record and proceedings in the cause shall be transmitted to the supreme court, and such cause shall thereafter be docketed, heard and determined in the same manner as if it had been filed and docketed in the proper time, and the appellant or plaintiff in error shall have leave to assign errors, and file briefs as in other causes, and the opposite party shall also have leave to join in the assignment of errors and file briefs. § 896. It shall not be necessary, when it is intended to review by appeal or writ of error any judgment of the district court, that a proposed bill of exceptions containing matters not apparent on the face of the record shall be or shail have been prepared, included in or served with a copy of any proposed record in any cause, nor shall it be necessary to prepare, or have prepared, any proposed bill of exceptions, or serve the same on the opposite party, within ten days after judgment; but in any cause now pending, or which may hereafter be pending, in the supreme court to review the judg ment of a district court, any party desiring to have any material matter not apparent on the face of the record, made a part of the record, may prepare a bill of exceptions, in which such proposed matter is incorporated, and present the same to the judge, at any time within twenty days before the first day of the term of the supreme court in which said cause shall be docketed, and shall give the opposite party, or his attorney, five days' notice of his intention to present such bill of exceptions to the judge, and the opposite party shall, within five days thereafter, have leave to propose any amendments to said bill of exceptions, giving notice thereof to the opposite party of the time when such amendment will be proposed and the time for proposing said bill of exceptions, and amendments, may at any time before or after its expiration be enlarged by the judge, and the judge shall settle and sign the exceptions at least ten days before the term of the supreme court in which said cause shall be first docketed, unless for cause satisfactory to him, he should delay the same, in which event he shall settle and sign the same as soon as possible, and either party may at any time before a bill of exceptions is settled and signed, be heard before the judge as to the matter to be included therein, on giving one day's notice to the opposite party or his attorney; and should any bill of exceptions not be settled before the time required for the filing of the record in the supreme court, such record may be filed in the supreme court at any time within ten days after said bill of exceptions shall be settled, and such cause shall be heard the same as if said record had been filed ten days before the first day of the term: Provided, That the provisions of this section |