Feb. 12. C. 6. L. 80, § 25: to the jury, all those which are refused, and must write the words, Given, or, Refused, as the case may be, on the margin of each instruction. Instructions, filing of: exceptions. Id. § 26. Charge to jury:how to be given. Id. § 27. Trial by jury waiv ed, when. § 2997. If the giving or refusal be excepted to, the same may be without any stated reason therefor, and all instructions demanded must be filed, and shall become a part of the record. § 2998. After argument the court may also, of its own motion, charge the jury. Such charge shall be in writing in consecutively numbered paragraphs, and no oral explanation thereof shall be allowed: and the provisions of this section shall also apply to the instructions asked by the parties. Leitensdorfer vs. Webb, vol. 1, page 34, N. M. Rep. § 2999. Trial by jury may be waived by the several parties to any issue of fact, in the following manner: First. By suffering default, or by failing to appear at the trial. Second. By written consent, in person or by attorney, filed with the clerk. Third. By oral consent in open court, entered in the record. Upon the trial of any question of fact by the court, its decision must be given in writing and filed with the clerk in the cause, and in such decision the court shall find the facts and give its conclusions of law pertinent to the case, which must be stated separately, but the finding of facts and the giving of conclusions of law may be waived by the several parties to the issue, by suffering default or by failing to appear at the trial, or by consent in writing, or by oral consent in open court, entered in the record. And upon the trial of any cause by the court, without a jury in common law cases, each party shall have the right to make all objections and take all excep tions that he might have made or taken, as if the trial had been before a jury; and upon a review, by writ of error, in the supreme court, or by appeal, the said supreme court shall hear and determine the said cause in the same manner C. 64. L. 87. § 1 and with the same effect as if it had been tried before a jury. § 3000. In case of default adjudged against a party for non-appearance or for failure to plead or amend his pleadings, as required by law or the rules of the court, when the action is for a money demand, and the amount of the proper judgment is a mere matter of computation, the clerk shall ascertain the amount. When long accounts are to be examined Damages, how to the court may refer the matter. In other cases the court shall assess the damages unless a jury be demanded by the party not in default. The proper amount having been ascertained by either of the above methods, judgment shall be rendered therefor. Feb. 24. Judgment by default; computation. be assessed. C. 6. L. 80, § 30: Feb. 12. Default may be set aside, when. Id. § 31. § 3001. Default may be set aside on motion on such terms as the court may deem just, among which must be that of pleading issuably and forthwith, but not unless an affidavit of merits be filed, and a reasonable excuse shown for having made such default, nor unless application be made therefor at the term in which such default and judgment thereon was entered. Metzger vs. Waddell, vol. 1. page 400. N. M. Rep. § 3002. When the jury retires to consider its verdict it shall be allowed to take the pleadings in the cause, the instructions of the court, and any instruments of writing admitted as evidence, except depositions. C. 6. L. 80, § 33: Feb. 12. Jury may take, what. Trial. in order as § 3003. In all cases in which an answer has been tiled, or docketed. in which the sum is uncertain or unliquidated, or in which damages are the object of the suit, the same shall stand for trial in the order in which they are docketed: Provided, That $40: July 12, 1851. all suits shall be docketed as they are filed. $ 3004. The court may restrict the time of any attorney in any argument to itself. $3005. The courts of this territory shall have power to limit the time of counsel in arguments to the jury, to one hour each, but such time may be extended when, in the opinion of the judge, it is necessary in furtherance of justice. ARBITRATIONS. C. L. 1865, chap. 27, Time. court may limit, when. L. 1880, chap. 6: § 22: Feb. 12. Argument, may limit. court L. 1880, chap. 7. § Arbitration, right § 3006. All litigants in the Territory of New Mexico shall of have by this act the right, whenever they shall so desire, to terminate their suits, in whatever condition they may be, in any court of this territory, by means of arbitrators, in the $1 Jan. 16, 1860. Tr. following manner: C. L. 1865, chap. 8, Arbitrators, ap s 3007. Each party may appoint one person to serve on pointment of. his part in the suit or difficulty, but such appointment shall be made by means of an instrument in writing, mutually, which shall express the persons selected; the cause submitted to their arbitration: the power given to them in regard to the manner, place and time at which they shall proceed in the business submitted to them; the agreement to abide by their decision and amicable settlement. Also, the parties may empower the arbitrators, in case it be necessary, to select an umpire, who shall form his opinion as shall appear to him most just and right between the arbitrators. § 3008. The persons appointed as arbitrators to decide and settle any matters submitted to them, amicably and in good faith, shall consider in the most serious manner the matter in question; but, before they shall act as such, they shall take an oath, as well the arbitrators as the umpire, that neither for hatred, enmity, affection, fear, gifts, promises nor for any other cause, will they fail to comply faithfully with their function according to the best of their knowledge and abilities; which oath shall be taken before some justice of the peace, judge of probate or district judge, and the judge before whom it is taken, shall file the same. § 3009. The form of the instrument of writing which the parties shall execute shall be as follows, to-wit: We, A. and B., having a suit pending in (here name the court), on a demand which the said A. commenced against B. (here state the cause of demand), taking into consideration the doubtfulness of its termination, and that great costs may accrue, with delays and vexations: to avoid these, we have determined to compromise, by these presents, our claims and demands in C. and D., whom we appoint as arbitrators and amicable adjusters, conferring upon them as full power and jurisdiction as they may require, within, to examine into, Umpire may be selected. Id. § 2. of. Arbitrators, oath Oath. how to be taken and filed. of. Id. § 3. Agreement. form C. L. 1865. chap. 8. § 4; Jan. 16, 1860. Tr. Agreement, how executed. Id. § 5. Question, may be submitted. Id. § 6. Id. § 7. Award. final. Id. § 8. determine and adjust finally our said suit, in view of truth and good faith, taking into consideration, not only the principal matter submitted, but also all things incidental to the same, until the whole cause shall be completely adjusted. And in case the said arbitrators, or amicable auditors, shall not agree in their decision, that they select an umpire, who shall vote in favor of the opinion that he may think most just and right for the said arbitrators, to which decision or amicable settlement we obligate ourselves to abide, and that for no reason whatever, although it might otherwise be admissible, shall we ask for reduction, exception, or appeal, nor make other claim for the whole or any part thereof; therefore, by these presents we do now approve in all its parts, renouncing the aid of the laws; and we desire, and it is our will, that it be executed without any delay. In testimony whereof we have hereunto set our hands and seals, in the Precinct of --, County of —, this day of of the year. § 3010. When the contending parties shall have drawn up a writing in the manner and form specified in the foregoing section of this act, the same shall be signed before some competent magistrate, who shall sign, as made and executed in his presence. § 3011. Any question or difficulty that might result in a suit, may be submitted for decision and amicable settlement in the manner prescribed by this act, before an action shall be brought thereon. § 3012. The arbitrators shall proceed, in the exercise of the powers given to them in the submission of the cause, in hearing and receiving the proofs and arguments of each of the parties, and render sentence as the majority of the arbitrators may decide. § 3013. The sentence or amicable award of the arbitrators upon the matter submitted to their inspection shall be carried into full and faithful execution, and any court of this territory to which application shall be made for such execution, shall order the same to be satisfied, inasmuch as by the submission made by the parties litigants it has been so agreed upon. of the cause, and inconsistent with his present testimony, does not distinctly admit that he did make such statement, proof may be given that he did in fact make it, but before such proof can be given the circumstances of the supposed statement, sufficient to designate the particular occasion, must be mentioned to the witness, and he must be asked whether or not he did make such statement. C. 12, E. 80 § 14: Feb. 5. Conviction of fel ony, proof how to be § 3025. A witness may be questioned as to whether he has been convicted of any felony or misdemeanor, and upon adduced. being so questioned, if he either denies the fact or refuses to answer, the opposite party may prove such conviction; and a certificate, the substance and effect only, omitting the formal part, of the indictment and conviction for such offense, purporting to be signed by the clerk of the court or other officer having the custody of the records of the court at which the offender was convicted, or by the deputy of such clerk or officer under the seal of said court, shall, upon proof of the identity of the witness, as such convict, be sufficient evidence of his conviction. § 3026. The credit of a witness may be impeached by general evidence of bad moral character not restricted to his reputation for truth and veracity; but a party producing a witness shall not be allowed to impeach his credit by general evidence of bad moral character, but in case the witness, in the opinion of the judge, proves adverse, such party may prove that the witness made at other times a statement inconsistent with his present testimony: but before such last mentioned proof can be given the circumstances of the supposed statement, sufficient to designate the particular occasion, must be mentioned to the witness, and he must be asked whether or not he did make such statement. Id. § 15. Impeachment,how regulated. Id. § 16. Copies of records and maps, compet § 3027. Whenever it shall be necessary to use any of the archives, records, files, or official maps, or plats in the offices ent evidence. of the surveyor general, or secretary of this territory, as evidence in any of the courts of this territory, it shall be competent, instead of the originals in said offices, to use a transcript copy, or tracing thereof, or of such part of the same as may be required, duly certified to be true and correct, as taken from the said original archives, records, files, plats or maps, in said office: and when taken from the originals in the office of the secretary, signed by him and authenticated under his seal of office; and when taken from the originals in the office of the surveyor general, signed by him, and his signature certified to by the secretary of the territory under his 1; Jan. 7. said seal. § 3028. Such transcripts, copy or tracing, as provided for in the foregoing section, shall be received, taken, and allowed the same force and effect in evidence, as would be allowed to the originals, should they be used: Provided, however, That for good cause shown, the court may require the production of the originals of such transcript, copy or tracing. § 3029. That in all civil causes in the courts of this territory a transcript, copy or tracing of any record, plat, map, document or other writing which shall have been certified by the United States surveyor general for the Territory of New Authentication. how to be made. L. 1874, chap. 28. § Copies same force as originals. of. Proviso. Copies.same force 4: Feb. 5. L. 4880, chap. 12, § ritory, or before any person having, by law or by consent of parties, authority to hear, receive and examine evidence, the parties to such proceedings, and the persons in whose behalf any such suit, action or other proceeding is brought or instituted, or opposed or defended, shall, except as hereinafter excepted, be competent and compellable to give evidence, either rira voce or by deposition, according to the practice of the court, on behalf of themselves or of either of the parties Husbands and to the suit, action or proceeding; and the husbands and wives wives, competent of such parties and persons shall, except as hereinafter excepted, be competent to give evidence, either viva voce or by deposition, according to the practice of the court, on behalf of either or any of the parties to the said suit, action or proceeding. witnesses. Crimination of self not compellable. Id. $5. Exception in cer tain cases. Id. § 6. Testimony not to be compelled. Id. § 7. Evidence not sufficient. Id. § 8. confesso. § 3018. Nothing herein contained shall render any person compellable to answer any question to criminate himself or to subject him to prosecution for any penalty or crime. § 3019. Nothing herein contained shall apply to the trial, in any action, suit or other civil proceeding, of the question of the adultery of any party, or the husband or wife of any party to such action, suit or other proceeding. § 3020. No husband shall be compelled to disclose any communication made by his wife during the marriage, and no wife shall be compelled to disclose any communication made to her by her husband during the marriage. § 3021. In a suit by or against the heirs, executors, administrators or assigns of a deceased person, an opposite or interested party to the suit shall not obtain a verdict, judg ment or decision therein, on his own evidence, in respect of any matter occurring before the death of the deceased person, unless such evidence is corroborated by some other material evidence. $ 3022. Whenever any party in any civil suit desires to call the opposite party as a witness at the hearing or trial, he shall subpoena him as another witness in the cause, and if such party does not attend on such subpoena and testify, if called on by the adverse party, such non-attendance or such refusal to testify shall be taken as an admission pro confesso against him in any such suit or action, unless otherwise ordered by the court or judge in which or before whom such Judgment may be examination is pending, and a general finding or judgment rendered. Id. § 9. Cross examinations, how to be conducted. Id. § 13. Proof of state ment, when. may be had against the party thereon, or the plaintiff may be non-suited, or the proceedings in the action or suit may be postponed by the court or judge on such terms as the court or judge sees fit to impose. § 3023. Upon the trial of any cause a witness may be cross examined as to previous statements made by him in writing or reduced into writing, relative to the subject matter of the cause without such writing being shown to him, but if it is intended to contradict the witness by the writing, his attention must, before such contradictory proof can be given, be called to those parts of the writing which are to be used for the purpose of so contradicting him. § 3024. If a witness, upon cross examination as to a former statement made by him relative to the subject matter |