forfeitures, accruing to the territory or any county in his circuit.

SEC. 4. If the attorney general or circuit attorney be interested, or shall have been counsel in any cause, or shall be absent at the trial of any cause, the circuit court may appoint some other person to prosecute or defend the cause.

SEC. 5. If the attorney general or circuit attorney be sick or absent, the circuit court shall appoint some person to discharge the duties of the office until the proper officer resumes the discharge of his duties: the person thus appointed shall possess the same power, and receive the same fees as the proper officer would if he were present.

SEC. 6. The circuit attorney shall give his opinion without fee to any alcalde or prefect in his circuit, if required, on any question of law in any case in which the territory or any county in his circuit is concerned pending before such officer.

SEC. 7. In addition to the fees of office, the attorney general shall receive a salary of five hundred dollars a year, and each circuit attorney shall receive an annual salary of two hundred and fifty dollars, one-half to be paid out of the treasury of the United States, and the other half to be paid out of the treasury of the territory.

CLERKS.

SECTION 1. Every prefect shall appoint a clerk who shall hold his office for two years, and until his successor is appointed and qualified.

SEC. 2. The clerk of the circuit court of the county in which the supreme court may sit. shall be ex-officio clerk of the supreme

court.

SEC. 3. The clerks of the superior and inferior courts and of the prefect, shall seasonably record the judgments, rules, orders, and other proceedings of the respective courts, and make a complete alphabetical index thereto, issue and attest all processes issuing from their respective offices, and affix the seal of office thereto; they shall preserve the seal and other property belonging to their respective offices, they shall provide suitable books, stationery, and furniture for their respective offices, and keep a correct account thereof.

SEC. 4. Each court shall audit and allow such accounts, and all such allowance made to the clerk of the supreme court shall be paid by the United States, and all others by their respective counties.

SEC. 5. The said clerks, previous to entering on the duties of their respective offices, shall give bonds with security to the territory, to be approved by the judge making the appointment, conditioned to do and perform all the duties required by law.

SEC. 6. If any clerk shall willfully and knowingly do any act contrary to the duties of his office, or shall knowingly and

willfully fail to perform any duty required of him by law, he shall be removed from his office by the court of which he is clerk, on motion founded on charges exhibited.

SEC. 7. A notice of such motion, and copy of the charges shall be served on him at least ten days before the day on which the motion is made, a jury shall be summoned to try the truth of the charges if they are denied, or the whole may be submitted to the court at the option of the accused.

CONSTABLES.

SECTION 1. Every prefect shall appoint not more than four constables in his county, who shall hold their offices for not more than two years.

SEC. 2. Every constable within ten days after his appointment, shall appear before the prefect, and enter into bond with the territory with good securities for not less than four hundred, nor more than four thousand dollars, conditioned that he will execute all processes to him directed and delivered, and pay over all money by him collected by virtue of his office, and discharge all the duties of constable according to law, which bond shall be approved by the prefect, and filed in the office of his clerk.

SEC. 3. Whenever the prefect shall be satisfied that the bond of any constable is likely to prove insufficient, by reason of the death or failure of the sureties to his bond, or any of them, he shall require such constable to give a new bond, and in default thereof shall remove him from office.

SEC. 4. If any constable shall detain any money collected by him as constable, after demand made therefor, he shall be removed from his office by the prefect in the same manner prescribed for the removal of clerks, and shall moreover forfeit to the party entitled thereto two per cent. a month upon the amount so detained, from the time of the demand made, until actual payment.

COURTS AND JUDICIAL POWERS.

SECTION 1. The judges of the supreme court shall be ex-officio judges of the respective circuit courts, and they shall determine by vote or otherwise, who shall be presiding or chief justice and who shall be first, and who second associate justice.

SEC. 2. This territory shall be divided into three judicial circuits, which shall correspond with the three municipal districts, as established in the organic law, to wit: The central, north and the south

eastern.

SEC. 3. The presiding judge shall be judge of the central circuit. The first associate judge shall be judge of the southeastern circuit, and the second associate judge shall be judge of the northern circuit: each judge shall hold three courts a

year in each county of a circuit, and the three judges as a superior court shall hold two courts in each circuit every year.

SEC. 4. The superior court shall be held in the southeastern district, at the Town of Valencia, on the first Mondays of March and of September, of every year; in the cetral district, at the City of Santa Fe, on the third Mondays of March and September, of every year, and in the northern district, at the Town of Don Fernando, on the first Mondays of April and October, of every year.

SEC. 5. In the southeastern circuit at the following times and places, the court shall be held, to wit: For the County of Valencia on the third Mondays of February, June and October, of each year, at the Town of Valencia; and for the County of Bernalillo, on the fourth Mondays of February, June and October, of each year, at the Town of Bernalillo.

SEC. 6. The circuit court for the central circuit, shall be held at the following times and places, to-wit: For the County of Santa Ana, on the first Mondays of February and June, and the third Monday of October, of each year, at the Town of Algodones; for the County of Santa Fe, on the second Mondays of February and June, and the fourth Monday in October in each year, at the City of Santa Fe: for the County of San Miguel del Bado, on the third Mondays of February and June, and the first Monday in November of each year, at the Town of San Miguel.

SEC. 7. The circuit court for the northern circuit shall be held at the times and places following, to-wit: For the County of Rio Arriba, on the first Mondays of February and June, and the third Monday in October of each year, at the Town of Los Luceros; and for the County of Taos, on the second Mondays of February and June and the fourth Monday of October, of each year, in the Town of Don Fernando.

SEC. 8. The superior court shall have appellant jurisdiction in all cases, both civil and criminal, which may be determined in the circuit court.

SEC. 9. Every person aggrieved by any judgment or decision of any circuit court, in any civil case, may make his appeal to the superior court.

SEC. 10. No such appeal shall be allowed, unless, first, the appeal be taken at the same term at which the judgment or decision appealed from was rendered: and. second, unless the appellant or his agent shall, during the same term, file in the court his affidavit stating that such appeal is not taken for the purpose of vexation or delay, but because the affiant believes that the appellant is aggrieved by the judgment or decision of the court.

SEC. 11. Upon the appeal being made, the circuit court shall make an order allowing the same, such allowance shall stay the

execution in the following cases and no others: First, when the appellant shall be executor or administrator, and the action by or against him as such: second, when the appellant, or some responsible person for him, together with two sufficient securities, to be approved by the court, during the same term at which the judgment or decision appealed from was rendered, enter into a recognizance to the adverse party in a sum sufficient to secure the debt, damages and costs recovered by such judgment or decision, together with the interest that may grow thereon, and the costs and damages which may be recovered in the superior court, conditioned that the appellant shall prosecute his appeal with due diligence to a decision in the superior court, and that the judgment or decision appealed from be affirmed, or the appeal be dismissed, that he will perform the judgment of the circuit court, and that he will also pay the costs and damages that may be adjudged against him upon his appeal.

SEC. 12.

No exception shall be taken in an appeal to any proceeding in the circuit court, except such as shall have been expressly decided in that court.

SEC. 13. All appeals taken thirty days before the first day of the next term of the superior court, shall be tried at that term. and appeals taken in less than thirty days before the first day of such next term, shall be returnable to the next term thereafter: the appellant shall file in the office of the clerk of the superior court at least ten days before the first day of such court to which the appeal is returnable, a perfect transcript of the record and proceedings in the case. If he fail to do so, the appellee may produce in court such transcript, and if it appear thereby that an appeal has been allowed in the cause, the court shall affirm the judgment, unless good cause be shown to the contrary. On appeals and writs of error, the appellant and plaintiff in error shall assign errors on or before the first day of the term to which the cause is returnable: in default of such assignment of errors, the appeal or writ of error may be dismissed, and the judgment affirmed, unless good cause for such failure be shown: joinders in error shall be filed within four days after the time required for the filing of the assignment of error.

SEC. 14. The superior court in appeals or writs of error shall examine the record. and on the facts thereon contained alone shall award a new trial, reverse or affirm the judgment of the circuit court, or give such other judgment as to them shall seem agreeable to the law.

SEC. 15. And upon the affirmance of any judgment or decision, the superior court may award to the appellee or defendant in error such damages, not exceeding ten per cent. on the amount of the judgment complained of as may be just.

SEC. 16. When the superior court shall be equally divided in opinion, the judgment or decision of the circuit court shall be affirmed.

SEC. 17. The superior court on determination of the cause in appeal, or error, may award execution to carry the same into effect, or may remit the record with their decision to the circuit court from which the cause came, and such determination shall be carried into execution by such circuit court.

SEC. 18. The circuit courts in the several counties in which they may be held shall have the power and jurisdiction as follows: First, of all criminal cases that shall not otherwise be provided for by law: second. exclusive original jurisdiction in all civil cases which shall not be cognizable before the prefects and alcaldes: third, appellate jurisdiction from the judgments and orders of the prefects and alcaldes in all cases not prohibited by law, and shall possess a superintending control over them.

SEC. 19. There shall be a prefect in each county of this territory appointed by the governor who shall hold his office for two years, and until his successor be appointed and qualified.

SEC. 20. Six terms of the prefect's court shall be held in each county annually, commencing on the first Mondays of January, March, May, July, September and November: each prefect may hold adjourned terms of his court at any time that business may require it.

SEC. 21. The several prefects shall have exclusive original jurisdiction in all cases relative to the probate of last wills and testaments: the granting letters testamentary and of administration. and the repealing of the same: the appointing and displacing guardians of orphans and persons of unsound minds: to binding out apprentices: to settlements and allowance of the accounts of executors, administrators and guardians; to hear and determine all controversies respecting wills, the right of executorship, administration or guardianship, respecting the duties or accounts of executors, administrators and guardians and all controversies between masters and those bound to them: to hear and determine all suits and proceedings instituted against executors or administrators upon any demand against the estate of their testator or intestate, provided that when any such demand shall exceed one hundred dollars the claimant may sue either before the prefect or in the circuit court, in the first place.

The prefect shall have a superintendence of public roads in his county, may appoint overseers and allow them hands for the purpose of establishing and repairing the same; he shall have the supervision of vagrants and those who have no visible means of support, and may have them arrested and tried by a jury, and in case of conviction,

put to hard labor by binding them out or placing them on public works for not more than three months; he shall have appellate jurisdiction from the judgment of the alcalde where the amount in controversy, or the value of the thing claimed does not exceed fifty dollars: appeals shall be allowed from all judgments of the prefect to the circuit court, provided that all judgments, in cases of appeals from the decision of alcaldes, shall be final and conclusive.

SEC. 22. Appeals from the judgment of the prefects shall be allowed to the circuit court in the same manner, and subject to the same restrictions as in case of appeals from the circuit to the superior court.

SEC. 23. The governor shall appoint not more than four alcaldes in each county. who shall hold their offices for two years."

SEC. 24. Every alcalde shall have jurisdiction over the following actions: First, all actions founded upon bonds or other contracts, when the balance due or damages claimed, exclusive of interest, shall not exceed ninety dollars: second, all actions of trespass and of trespasses on the case for injuries to persons, or real or personal property, when the damages claimed shall not exceed fifty dollars; third, to take auditor, judgment, or confession, where the amount confessed shall not exceed one hundred dollars, but no alcalde shall have jurisdiction of any action against an executor or administrator, of any action of slander, malicious prosecution, or false imprisonment, nor of any action in which the title to lands or tenements shall come in question.

SEC. 25. Every alcalde shall appoint a day in every month to return all summonses by him issued, and every summons shall be made returnable on such day, except in cases in which it is otherwise specially provided.

SEC. 26. In all cases not otherwise specially provided for, the process shall be a summons, and shall be directed to some constable of the county in which the alcalde who granted the same resides, except where it is specially otherwise provided, and it shall command the defendant to appear before the alcalde who issued the same, at the time and place to be named in the summons, not less than five, nor more than thirty days from the date of the summons, to answer the complaint of the plaintiff: all processes issued by alcaldes shall run in the name of the Territory of New Mexico, be dated on the day issued, and shall be signed by the alcalde granting the same.

SEC. 27. Every summons shall be served at least three days before the day of the appearance therein mentioned, and may be executed either, first, by reading the same to the defendant, or second, by giving a copy thereof to the defendant, or third, by leaving a copy of the summons at his usual place of abode with some member of the

family over the age of fifteen years, but in all cases where the defendant shall refuse to hear the summons read, or to receive a copy thereof, such refusal shall be a sufficient service of such writ.

SEC. 28. When both parties first appear before the alcalde on the return of the process. the alcalde shall, on the application of the defendant, require of the plaintiff a brief verbal statement of the nature of his demand.

SEC. 29. The alcalde shall issue subpoenas in all cases for witnesses, at the request of either party, which shall be served by the constable in like manner as a sum

mons.

SEC. 30. Every suit shall be determined on the return of the process duly served, unless the cause be adjourned. The alcalde, without the application or consent of either party, may if it be necessary, adjourn a cause until his next law day.

SEC. 31. The alcalde upon application of either party, and for good cause shown by the party applying under oath, may adjourn a cause until his next law day.

SEC. 32. When both parties appear before the alcalde in person or by agent at the time appointed for the trial of the cause. the alcalde shall proceed to hear and determine the same, according to equity and good conscience.

SEC. 33. Either party to any cause pending before an alcalde may before the commencement of the investigation of its merits, demand that the same be tried by a jury, which jury shall consist of six per

sons.

SEC. 34. The alcalde shall issue a summons, directed to some constable of the county wherein the cause is to be tried, commanding him to summon six good and lawful men of the county, qualified to serve as jurors to appear before such alcalde at the time and place to be named therein, to make a jury for the trial of the action between the parties named therein.

SEC. 35. The constable shall execute such summons fairly and impartially, in the manner prescribed for executing a summons on the defendant, and if a sufficient number of competent jurors cannot be obtained from those returned, the constable shall immediately summon others to serve in their places.

SEC. 36. The alcalde shall administer an oath to each juror well and truly to try the matter in difference between the plaintiff and defendant, and unless discharged by the alcalde a true verdict to give according to the evidence.

SEC. 37. After the jury are sworn they shall sit together, and hear the testimony of the witnesses, which shall be delivered publicly in their presence.

SEC. 38. Every person offered as a witness, before any testimony shall be given by him, shall be duly sworn that the evi

dence that he shall give relating to the matter in dispute between the plaintiff and defendant, shall be the truth, the whole truth, and nothing but the truth.

SEC. 39. When the jurors have agreed on their verdict, they shall deliver the same to the alcalde publicly, who shall enter it upon his docket.

SEC. 40. The alcalde, whenever he shall be satisfied that a jury in a civil cause before him, after having been out a reasonable time, cannot agree on their verdict, he may discharge them, and shall issue a new jury summons, unless the parties consent that the alcalde may render judgment upon the evidence already before him, which in such case he may do.

SEC. 41. If the defendant after having been duly summoned fail to appear at the time and place mentioned in the summons. the alcalde shall render judgment by default against him, and proceed to ascertain the amount due from the defendant to the plaintiff; if any witness fail to appear, unless good cause be shown, the alcalde shall issue an attachment against him, to compel his attendance, and may fine him not exceeding five dollars for the use of the county, for a contempt of court.

SEC. 42. If the plaintiff fail to appear before the alcalde, at the time and place mentioned in the summons, the alcalde shall dismiss his suit, and enter judgment for costs against him. unless his suit be founded upon a bond or note, in which case the cause shall proceed in the same manner. and with a like effect as though the plaintiff were personally present.

SEC. 43. Appeals shall be allowed from judgments of alcaldes when the debt or damages do not exceed fifty dollars, to the prefect, in all other cases to the circuit court. in the same manner, and subject to the same restrictions as in cases of appeals from the circuit to the supreme court; provided that an appeal may be taken from the judgment of an alcalde within ten days of the rendition of the judgment.

COSTS.

SECTION 1. For all civil actions or proceedings of any kind, the party prevailing shall recover his costs against the other party, except in those cases in which a different provision is made by law.

SEC. 2. In all actions founded on debt or other contract, if the plaintiff recover an amount, which, exclusive of interest, is below the jurisdiction of the court, he shall recover judgment therein, but the costs shall be adjudged against him, unless the plaintiff's claim, as established on the trial. shall be reduced by offsets below the jurisdiction of the court.

SEC. 3. When an appeal shall be taken from the judgment of a prefect or alcalde against the appellant, the costs shall be adjudged as follows: First, if the judgment

be affirmed, or the appellee on a trial anew shall recover as much or more than the amount of the judgment below, the appellant shall pay costs in both courts: second. if on such trial, the judgment of the appellate court shall be in favor of the appellant, the appellee shall pay costs in both courts: third, if the appellant shall at any time before the appeal is perfected, tender to the appellee any part of the judgment, and he shall not accept it in satisfaction, and the appellee shall not recover more than the amount as tendered, he shall pay costs in the appellate court, but not in the court below, he shall recover costs in both courts.

SEC. 4. If such appeal be from a judg ment in favor of the appellant, 'costs shall be adjudged as follows: If upon the trial anew, the appellant shall not recover more than the judgment below, he shall pay the costs of the appellate court. If he recover nothing, the costs shall be adjudged against him in both courts. If he recover more than the judgment below, he shall recover costs in both courts.

SEC. 5. In case of appeal in civil suits. if the judgment of the appellate court be against the appellant, it shall be rendered against him and his securities in the appeal bond.

SEC. 6. When any demand shall be presented to the court of the prefect for allowance against the estate of any decedent, if the demand be allowed, the estate shall pay the costs. if disallowed the party presenting the demand shall pay the costs.

SEC. 7. If any person commences suit in the circuit court against an estate, within twelve months from the date of the administration, he may recover judgment but shall pay all costs.

SEC. 8. In criminal cases, if the defendant be convicted, costs shall be adjudged against him.

SEC. 9. In all capital cases in which the defendant shall be convicted, and shall be unable to pay the costs, they shall be paid by the United States.

SEC. 10. In all capital cases in which the defendant shall be acquitted, the costs shall be paid by the prosecutor.

SEC. 11. In all cases when any person shall be committed, or recognized to answer a criminal offense, and no indictment shall be found against such person, the prosecutor shall be liable for the costs.

SEC. 12. If a person charged with an offense shall be discharged by the officer taking his examination, or if on the trial before a prefect or alcalde of any criminal offense, cognizable before such officers, the defendant be acquitted, the costs shall be paid by the prosecutor.

SEC. 13. The person on whose oath or information any criminal prosecution shall have been instituted, shall be considered the prosecutor.

SEC. 14. In all prosecutions instituted otherwise than by indictment, if the offender be convicted the costs shall not be taxed against the United States, the territory, or any county.

SEC. 15. Whenever any person shall be convicted of any crime or misdemeanor, no costs incurred on his part shall be paid by the United States, the territory, or any 'county, except fees for board..

SEC. 16. When the costs of any criminal case shall be taxed against the United States, the territory, or any county, the fees of the clerk, sheriff, alcalde, constable, attorney general, circuit attorney, and all other ministerial officers shall be curtailed one-half.

SEC. 17. No subpoena for a witness in any criminal case shall be issued, unless the name of such witness be indorsed on the indictment, or the circuit attorney shall order the same.

SEC. 18. Whenever a witness in a criminal case is recognized, or subpoenaed, he shall attend under the same, until he be discharged by the court, and no costs shall be allowed for any record, recognizance, or subpoena, against the same witness.

SEC. 19. All fines and penalties imposed, and all forfeitures incurred, in any case not triable by indictment, shall be paid into the treasury of the county in which the offense was committed, for the benefit of said county.

CRIMES AND PUNISHMENTS.

SECTION 1. The crimes mentioned in the first article of this law, being defined with sufficient accuracy by the laws heretofore in force in this territory, it is deemed unneccessary to do more than to annex the punishments to the respective offenses.

ARTICLE I.

SECTION 1. If any person shall be convicted of the crime of willfull murder, such person shall suffer death. If any person or persons shall be convicted of manslaughter, such person or persons shall be imprisoned, not exceeding five years, and fined not exceeding one thousand dollars.

SEC. 2. If any person or persons shall be convicted of the crime of arson, such person or persons shall be imprisoned, not exceeding ten years, and fined not exceeding five thousand dollars.

SEC. 3. Every person who shall be convicted of robbery or burglary, shall be imprisoned at hard labor not exceeding ten years, and receive on his bare back thirtynine stripes well laid on, and if death ensues to any innocent person or persons, from such robbery or burglary, the perpetrator, or perpetrators, and his or their accessories before the fact, shall be deemed guilty of willfull murder, and punished with death.

SEC. 4. If any person shall be convicted