921. All bonds, recognizances, and other process of whatever nature or kind it may be, returnable at the regular term that shall have failed, shall be returnable to such special term, and shall have the same force and effect at such special term as they would have had at the regular term to which they were returnable.

§ 922. It shall be the duty of the attorney general of this territory, to attend all such special terms of the district court, having been duly notified thereof, or provide that some one learned in the law shall attend for him, and the said attorney general or his deputy, shall be required to perform the same duties at such special term, as he is required by law to perform at the regular terms of the district court, and when such special terms shall be attended by a deputy, such deputy shall receive from the treasury of the territory the sum of fifty dollars for each week that such special term may be held, which shall be paid to him upon the order of the court in which he shall have served, and said sum thus allowed to such deputy, shall be deducted from the salary of the attorney general.

C. L. 1865. C. 18, § 5; Jan. 13, 1862. Tr.

Process, return of: effect.

Attorney general to attend.

Compensation.

Id. § 8.

Expenses of court paid by counties.

§ 923. After the 1st Monday in March, A. D. 1893, all the expenses of the district courts except such as shall be paid by the United States, shall be borne and paid by the counties in which the respective courts shall be held: Provided, That the territory shall pay the salaries of the judges and of the Feb. 26. clerks of the district court.

C. 94. L. 91, $ 9:

Court fund; levy for.

For the purpose of maintaining the district courts in the several counties of this territory, there shall be levied by the county commissioners of each county during the year commencing on the 1st day of March, 1893, and in every year thereafter, a tax upon each dollar of taxable property sufficient to meet the expenses of the district courts; said tax shall be collected in the same manner as other taxes are collected and shall be known as the Court Fund; when collected it shall be turned over to the county treasurer, to be by him disbursed for the payment of the expenses of the district courts in his county only upon a certificate of the clerk of the district court of the district in which his county is situated, that an allowance has been made by said court, and no court shall authorize the issuance of any certificate on any account whatsoever unless there shall be at the time money in the county treasury to meet and pay such certificate, and said clerk shall immediately after the close of any term of court, transmit to said treasurer a certified list of all allowances made by said court at such term, and any such treasurer who shall disburse any of the money provided for in this section except upon the certificate of the clerk of the district court of the district in which his county is situated shall be deemed guilty of a felony, and upon conviction thereof shall be confined in the territorial penitentiary not less than two years nor more than ten years. The assessor and collector in each of the counties of this territory shall be paid for the assessment and collection of this tax as for the assessment and collection of other gen- Feb. 23. eral taxes.

C. 61. L. 93, § 20:

Surplus; how ap

$924. In case of any surplus in the court fund of any plied,

Feb. 23.

C. 61. L. 93, § 21; county upon the first Monday in March in each year, it shall be the duty of any treasurer in any county in which a surplus exists, to transfer and apply it to the court fund of the next succeeding year.

Appeals of

su

preme court; limitation.

RIGHT OF APPEAL.

Section nine hundred and twenty-five obsolete and omitted.

§ 926. All suits brought in the district courts, in this territory, which suits shall have been determined in said court, if either of the parties shall desire to take an appeal from the judgment of said court, to the supreme court, on complying with the provisions of the law regulating appeals, said appeal may be granted, which on being taken to the supreme court, the same shall be there final and conclusive without recourse or appeal, when the amount in litigation does not exceed one C. L. 1865. C. 16. § thousand dollars.

14: Jan. 30, 1862. Tr.

Note: For common law cases, see chapter sixty-six, Laws of 1891, section five.

CHAPTER III.

Six terms annually.
Jurisdiction

Terms; six annually.

§ 927. Six terms of the probate court shall be held in each county annually, commencing on the first Monday of January, March, May, July, September and November, and a probate court at any regular term may adjourn to any time prior to the next regular term; and special terms of the probate court may be called by the judge thereof at any time, by posting at. the door of the court house for five days prior thereto, a notice that such special term may be held, and at such adjourned and special terms all business may be transacted which was pending at any regular term, and such other business as may be specified in the order of adjournment or the notice calling C. 90, L. 89, the special term.

Feb. 26.

Jurisdiction.

§ 928. The probate of last wills and testaments, the granting letters testamentary and of administration and the repealing or the revocation of the same, the appointment and removal of administrators, the appointment and removal of guardians of orphans and persons of unsound mind, the binding out of apprentices, the settlement and allowance of accounts of executors, administrators and guardians, the hearing and determination of all controversies respecting wills, the right of executorship, administration and guardianship, the hearing and determination of all controversies respecting the duties, accounts and settlements of executors, administrators and guardians, the hearing and determination of all controversies between master and those bound to him, the hearing and determination of all controversies respecting any order, judgment or decree in such probate courts with refer

C. 90, L. 89. § 48: Feb. 26.

ence to any of the foregoing matters of which the probate courts are herein given exclusive original jurisdiction, and no suit shall be prosecuted or begun in any district court to review or in any manner inquire into or reopen or set aside any such order, judgment or decree, and no such order, judgment or decree shall be reviewed or examined in any district court except upon an appeal taken in the manner provided by law. $929. Appeals from the judgment of the probate court shall be allowed to the district court in the same manner, and subject to the same restriction as in case of appeals from the $4 Sept. 22, 1836. district to the supreme court.

Territory vs. Ortiz, Vol. 1, page 5, N. M. Rep.

Appeals.

C. L. 1865. chap. 21,

Who qualified to serve as jurors.

C. 37. L. 97, § 1: March 12.

Who exempt.

Id. § 2.

Duty of probate clerk.

Id. § 3.

List to be filed and duty of district clerk.

Id § 4.

Probate clerk to take oath.

Id. § 6.

Provisions of act

to apply in all

JURIES AND JURORS.

§ 930. Every male citizen of the United States who is qualified to vote at public elections under the laws of this territory, shall be qualified to serve as a grand or petit juror in any of the courts held in this territory, excepting however, such persons as may have been convicted of any infamous crime, or may be living in a state of bigamy or polyg amy.

§ 931. The following classes of persons, and none others, shall be exempt from serving as grand or petit jurors, namely: Attorneys at law; but nothing herein shall be taken to prevent the judge in his discretion from excusing any person summoned as juror from serving as such.

§ 932. It will be the duty of the probate clerk of each county, within thirty days after the passage of this act, to prepare and file in the clerk's office of the district court of the district in which such county is situated, an alphabetical list of all persons residing in such county who are qualified to serve as jurors, the said list to be compiled from the pollbooks of the last general election. And a like list shall be so prepared and filed on the first day of January in every second year hereafter.

$933. Such list shall be preserved in the clerk's office of the district court, and such district clerk shall at once transcribe each of such names on a separate slip of plain white paper, two inches long and a half inch wide, fold such slip in a uniform way so that no part of the name is exposed to view, and deposit such slip in the wheel or box now provided by law, and described as jury box number one. Such slip shall be so deposited in lieu of all other slips or names heretofore deposited in box number one and box number two; and they shall be so deposited in box number one in the presence of the judge and such citizens as may desire to be present. The said boxes shall then be securely locked and the keys thereof be retained by the judge.

$934. The probate clerk shall take the following oath, which shall be filed with the list of jurors to be prepared by him:

of

I,

names

county

probate clerk of the County Territory of New Mexico, do solemnly swear that the foregoing list containing is a full, true and correct list of all persons within said who are liable to duty as jurors so far as the same appears from the poll books, in my office, and I do further solemnly swear that I have not placed upon said list the name of any person who is not named in said poll books and that I have not omitted therefrom the name of any person mentioned in said poll books. So help me God.

$935. The provisions of this act as to the qualifications cases where jury is and manner of drawing jurors shall apply to all cases in which

needed.

a jury is needed in the trial of a cause, whether in term time or vacation.

C. 37. L. 97. § 8: March 12.

Duty of commis

§ 936. It shall be the duty of the several boards of county sioners to provide commissioners in the various counties of this territory, to pro- boxes. vide the district clerk of the judicial district within which said boards of-county commissioners respectively reside, two wheels or boxes, constructed in part of glass in such a manner that the entire contents of such wheels or boxes may be clearly visible when such wheels or boxes are closed and locked, as hereinafter provided, and also all necessary materials for sealing and locking the said wheels or boxes in accordance with the provisions of this act.

§ 937. It shall be the duty of the district clerk to carefully preserve and protect the wheels or boxes so provided, and any person who shall knowingly or willfully break or destroy any of such wheels or boxes, while the same contain the names of jurors as hereinafter provided, or who shall unlawfully take or remove therefrom any name therein contained, or who shall unlawfully insert or put therein any name of any person, except as provided by the terms of this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum of not less than one hundred dollars nor more than one thousand dollars, in the discretion of the court.

C. 95, L. 91. § 6; Feb. 26.

District clerk to keep boxes.

Penalty for breaking or destroying.

Id. § 7.

Manner of drawing names for

§ 938. Not less than ten days nor more than thirty days before the first day of any regular and special term of each jurors. district court to be held in any county of this territory, it shall be the duty of the judge of the district court, with the assistance of the clerk of his court, and in the presence of such citizens of the county as shall desire to be present, to draw from the said wheel or box, a sufficient number of names from which to constitute the grand jury, and a sufficient number from which to constitute a petit jury, and the slips of paper containing the names so drawn shall be by the clerk, after transcribing the same upon venires for grand and petit jurors, sealed up in an envelope, properly indorsed and preserved until the jurors shall be regularly impaneled for such term of court: Provided, however, That the district judge may, in his discretion, draw for grand jurors six names in excess of the number required by law to constitute a grand jury, and not exceeding thirty-four names to constitute a petit jury: And provided, further, That the names so drawn shall be set down upon the list in the order in which they are drawn from the wheel or box: And provided, further, That if a number more than sufficient for the organization of the respective juries shall be summoned by the sheriff or shall be present, the juries shall be made up of the persons so present, in the order in which their names are drawn from the wheel or box.

Id. § 9.

Judge may excuse certain persons

$939. Any persons summoned as jurors under the provisions of this act shall not be excused from service by the dis- jurors. trict judge except for good and sufficient reasons. If it shall appear to the judge of the district court that any person whose name shall be found in the wheel or box containing the names of the jurors is not qualified under the laws of this territory to serve as a juror, or that such person is not

person

as