Feb. 20.

C. 89, L. 89, § 1; all other necessary motions and orders in connection therewith, two dollars; for making and entering on journal and docket, record of a trial by jury or by the court, swearing jury and witnesses, entering verdict and judgment thereon and all necessary motions and orders in connection with said trial and judgment, three dollars; for making all necessary journal and docket entries on the dismissal of any case, one dollar and fifty cents: for issuing an execution or commitment, filing same upon its return and entering return on any docket, one dollar and twenty-five cents, to be charged at the time the writ is issued and not before: for making and certifying itemized bill of costs in any case, when demanded, fifty cents; for copies of records or papers, ten cents per folio of one hundred words; for taking and certifying an acknowledgment and affixing seal, fifty cents if but one person acknowledges, and twenty-five cents for each additional person; for naturalization of an alien and certificate thereof, three dollars; for declaration of intention by an alien and certificate thereof, one dollar: for issuing commission to take testimony, one dollar. $ 1020. No other or different fees than those provided by this act shall be charged or received by the clerks of the district courts and any services required of them as such clerks, other than those for which fees are hereinbefore provided, shall be without any compensation, and any clerk who charges any other or different fees shall be deemed guilty of a misdemeanor, and upon conviction thereof before any court of competent jurisdiction, shall be fined not less than one hundred dollars or imprisoned not more than six months, or both such fine and imprisonment, in the discretion of the court trying the cause, and shall be removed from his office.

Penalty for charging different fees.

Id. § 2.

No costs against

territory; no clerk

to master.

§ 1021. Hereafter no costs or allowances shall be charged be appointed or taxed by any clerk against the territory or any county, nor shall any clerk of any district court be appointed master in chancery in any case pending before any of the courts of this territory.

Id. § 3.

Fees to be turned over to territorial treasurer.

Penalty.

Id. § 5.

§ 1022. The clerk of each of the several district courts shall collect all fees now allowed by section one thousand and nineteen, and authorized to be charged and collected by such clerk for services in his official capacity and at the end of each quarter, pay the same over to the territorial treasurer, taking his receipt in duplicate therefor and at the same time file with the territorial auditor a statement, under oath, of the amount of fees collected by him in his office for official services during said quarter, giving the number and style of the case in which fees have been received, or the object for which any other fees have been received, together with the date of the receipt thereof and also the treasurer's receipt therefor; and a failure of the clerk to pay over the fees collected or to make the sworn statement or to file the treasurer's receipt, as required by this section, shall constitute a misdemeanor, and upon conviction thereof the clerk shall be fined in the sum of one thousand dollars. The treasurer shall keep a special account of all moneys paid to him by virtue of this section and shall credit the same to the salary fund.

$ 1023. It shall be the duty of the clerk to keep a book, in which he shall enter an exact account of all fees, commissions or compensation of whatever nature or kind, by him or his deputies collected, with the date of such collection and the character of the services rendered, which said book shall be kept in his office and open at all reasonable times to the inspection of the public.

§ 1024. If any clerk shall refuse or willfully neglect to keep the book required to be kept by the next preceding section of this act or shall refuse to allow any person to inspect such book, he shall be deemed guilty of a misdemeanor and on conviction be punished by a fine of five hundred dollars.

$ 1025. Every clerk of the district court or the supreme court shall on the first day of January, April, July and October of each year, or within thirty days thereafter, make to the auditor of this territory a written return for the quarter ending on said days, respectively, of all fees and emoluments of his office of every name and character, stating separately the amount collected by him and the amount turned over by him to the treasurer as such clerk and all other matters as provided in section one thousand and twenty-two, according to the form which may be prescribed by the auditor.

$ 1026. Each county shall pay for the printing of the calendar of the district court held in and for such county, at a price not exceeding one dollar per page, containing not less than four cases to the page and the calendar of the supreme court shall be paid for by the territory at the same rate.

$ 1027. All blanks which may be needed for use by any clerk of the district court, supreme court, or any sheriff, justice of the peace or constable for the use of their office or in connection with their office, shall be prepared, either written or printed, by them at their own expense and wherever they may desire to have the same written or printed.

C. 69. L. 89. § 6; Feb. 20.

Record book to be kept.

Penalty.

Id. § 7.

Written return to auditor; when.

Id. § 8.

Printed calendar; how paid.

Id. § 9

Blanks paid for by officers using them,

Id. § 10.

County and terri10 pay for

Id. § 11.

Clerk issuing certificate without or

$1028. Each county shall pay for the making and binding tory of the necessary record books and dockets of the district court books held in and for such county respectively, and the territory shall pay for the records and dockets of the supreme court. $1029. Any clerk of the district court who shall issue any certificate evidencing any indebtedness of any county on ac- der of court. count of district courts, without express order of a court of which he is clerk, shall be deemed guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the territorial penitentiary not less than two years nor more than ten years: Provided, That it shall be unlawful for any court or officers to issue any evidence of indebtedness or require any service from any juror or witness when there are no funds appropriated for such purpose.

Penalty.

C. 61. L. 93. § 22:

Feb. 23.

Proviso: L. 91. C.

94. p. 230.

Act of congress:

$1030.

approved July

10,

1890: C. 665, § 4.

Real

estate

of minors, etc.: jurisdiction of.

L. 1872, chap. 16. § 1: Jan. 31. Tr.

Record and seal of district courts.

C. L. 1885, chap. 27. §3: July 12, 1851.

Seals.

The Territory of New Mexico shall be divided

into five judicial districts, as follows, to-wit:

The Counties of Santa Fe, Rio Arriba, San Juan and Taos shall constitute the first judicial district.

The Counties of Bernalillo and Valencia shall constitute the second judicial district.

The Counties of Dona Ana, Grant and Sierra shall constitute the third judicial district.

The Counties of Union, Colfax, Mora, San Miguel and Guadalupe shall constitute the fourth judicial district.

The Counties of Socorro, Lincoln, Chaves and Eddy shall constitute the fifth judicial district.

§ 1031. The district and also the probate courts in this territory shall have jurisdiction within the counties wherein the same are held, to decree the sale, hypothecation or other disposal of the real estate situated in said counties, of minors and persons known as non compos mentis.

Bent et al vs. Maxwell, L. & G. Ry. Co., vol. 3, page 8, W. C. Rep.

§ 1032. Each district court of each county in said territory shall keep a record, and as soon as practicable shall have a seal, with the initials D. C. engraved across the face thereof, and the name of the county on the margin; said seals shall be kept by the clerks of the district courts for the respective counties, and with them they shall authenticate all documents emanating from their respective offices needing authentication.

§ 1033. The supreme and district courts and the probate courts shall procure and keep a seal with such emblems and 93. § 1: Sept. 22, 1846. devices as the courts shall think proper.

C. L. 1885. chap.

§ 1034. The impression of the seal of any court by stamp shall be sufficient sealing in all cases where sealing shall be required.

§ 1035. The seal of the district court for each judicial district shall be used in all cases where a seal is required as and for the seal of the district court for such district, in and for any county therein, except in cases where, by law, the seal of the probate court is allowed to be used instead of the seal of the district court.

§ 1036. When no seal is provided, the clerk may use his private seal for the authentication of any record, process or proceeding required by law to be authenticated by the seal of his office.

§ 1037. All courts of said territory shall be held openly and publicly, and all persons whatsoever shall be freely ad

mitted within the same, and permitted there to remain so long as they shall observe good order and decorum.

§ 1038. It shall be within the power of each and every presiding officer of the several courts of this territory, whether of record or not of record, to preserve order and decorum, and for that purpose to punish contempts by reprimand, arrest, fine or imprisonment, being circumscribed by the usage of the courts of the United States.

$ 1039. No judge of the district court shall fine any person for contempt or want of respect for the court, in a sum exceeding fifty dollars, without a trial by jury.

Jurisdiction.

C. L. 1865, chap. 27.

Aliens: admitted to practice; when.

$ 1040. The district court shall have original jurisdiction in all cases civil and criminal in which the jurisdiction is not specially delegated to some other court, and such appellate $4: July 12, 1851. and supervisory jurisdiction as may be given them by law. $1040a. No attorney, counsel or defender, who is not a citizen of the United States, according to law, shall be admitted to advocate in the courts of law and equity in this territory, except in his own causes and business in which he is personally interested, unless such attorney, counselor or defender has two years previously to his application for admission to practice in this territory, declared his intention of becoming a citizen of the United States according to law, and has resided in this territory for the same period.

C. 18, L. 95. § 1: Feb. 26.

CRIMES DEFINED, GENERAL PROVISIONS.

$ 1041. A crime or public offense is an act or omission forbidden by law, and to which is annexed, upon conviction, either of the following punishments:

First. Death.

Second. Imprisonment.

Third. Fine.

Fourth. Removal from office; or

Crime: defined.

Punishments.

Fifth. Disqualification to hold and enjoy any office of honor, trust, or profit, under the laws of this territory.

Territory vs. Baca, Vol. 2, page 183, N. M. Rep.

$ 1042. Crimes and public offenses are divided into:
First. Felonies; and
Second.

Misdemeanors.

§ 1043. A felony is a public offense punishable with death, or which is, or, in the discretion of the court, may be punishable by imprisonment in the penitentiary or territorial prison: or any other public offense which is, or may be, expressly declared by law to be a felony.

§ 1044. Every other public offense is a misdemeanor. s1045. The party prosecuted in a criminal action is designated as the defendant.

§ 1046. No person shall be held to answer for a criminal offense, unless on the presentment and indictment of a grand jury, except in cases of impeachment, or in cases cognizable by justices of the peace, or arising in the army or militia when in actual service in time of war or public danger.

See also section three thousand four hundred and twenty-six.
Territory vs. Valencia, Vol. 2. page 102, N. M. Rep.

§ 1047. In all criminal prosecutions, the accused shall enjoy the right to be heard by himself or counsel, or any other person who may defend him: to demand the nature and cause of the accusation against him; to meet the witnesses face to face; to have compulsory process to compel the attendance of witnesses in his behalf, and in prosecutions by indictment or information, to a speedy public trial by an impartial jury of the county or district wherein the offense shall have been committed, which county or district shall have been previously ascertained by law.

§ 1048. No person indicted for an offense shall be convicted thereof, unless by confession of his guilt in open court, or by the verdict of a jury accepted and recorded by the court. § 1049. No person shall be held to answer on a second indictment for an offense of which he has been acquitted by the jury, upon the facts and merits on a former trial, but such acquittal may be pleaded by him in bar of any subsequent prosecution for the same offense, notwithstanding any defect in the form or in the substance of the indictment on which he was acquitted.

§ 1050. No person who is charged with an offense against the law, shall be punished for such offense, unless he shall have been duly and legally convicted thereof, in a court having competent jurisdiction of the cause and of the person.

§ 1051. In all cases of imprisonment in the county jails of this territory, it shall be lawful for the jailers to compel prisoners, after conviction, to labor at some useful employment, and to secure such convicts so as to prevent their escape during the period of their imprisonment.

§ 1052. In all cases of conviction under this law, or any other, for any criminal offense, the convict shall remain in confinement until all the costs attending the prosecution shall be paid and his sentence fully complied with; and, if such convict shall not discharge and satisfy the fine and costs, it