C. 27, L. 76, § 87: therefor, shall award a change of venue to a justice court in Jan. 13. Change of venue: transcript and pa ted. some other precinct in his county, where the cause complained of does not exist, as convenient as may be to all the parties: Provided, That each party shall have the right to one change of venue and no more, in said cause. § 3332. Upon the awarding of such change of venue, the pers to be transmit justice of the peace ordering the same, shall immediately make out a full transcript of the proceedings in the cause, including the petition and affidavit, and order of removal, and transmit the same by the constable of his township, duly certified, together with all the original papers filed in the cause, to the justice of the peace to which the removal was ordered; and the justice of the peace to which such cause is certified, shall file the same, and the cause shall be docketed, proceeded in and determined, as if it had originated before him. Id. § 88. Change of venue; costs and expenses. Id. § 89. Fees of constable when there is change of venue. C. 109. I. 89, § 5: Feb. 28. Change of venue; absence of papers not continuance. $ 3333. All the costs and expenses attending any such change of venue shall be taxed and paid as other costs in the suit. § 3334. That hereafter whenever any cause being tried before a justice of the peace is removed to any other precinct under change of venue, the constable or officer who carries the papers and record to such other justice's office shall receive as compensation, fifty cents for such carrying and eight cents per mile one way, and the justice to whom such cause is sent, shall receive fifty cents for trying the case and twentyfive cents for entering up judgment therein, all to be taxed as other costs in the case. § 3335. If any justice of the peace fail to transmit the cause for dis- transcript and papers in any cause, the venue whereof has been changed, or if said papers be sent and lost, such loss or failure shall not operate as a discontinuance of such cause, but at the next term of the justice court may be filed, or if Copies admissible. lost, copies of the original may be furnished and filed, and the cause shall proceed as if no such failure or loss had happened. L. 1876, C. 27. § 90, Jan. 13. Archives and documents: failure to deliver: penalty. § 3336. If any justice of the peace on retiring from office shall fail or refuse to deliver the archives and documents pertaining to his office to his successor after such successor has duly qualified as required by law, he shall, on conviction, be liable to a fine of not less than one hundred dollars, and to be imprisoned until he shall deliver such archives and documents to the justice who may be entitled to the same. § 3337. Hereafter civil suits before a justice of the peace may be brought and prosecuted in the precinct where the plaintiff or defendant, or some one of them, resides, or in the precinct where the contract was made or is to be performed, or where the cause of action originated. No justice of the peace shall sit in any case where he may be interested or who may be related to either party within the second degree of consanguinity or affinity. During the period of a vacancy in the office of justice of the peace in any precinct, or where such justice shall be absent from his precinct for a period of two days, or whenever such justice shall be unable or unwilling to perform the duties of his office, or whenever such justice shall be disqualified to act by reason of the paragraph next preceding, in either of these events it shall be lawful to commence and prosecute civil actions to final judgment and recovery before a justice of the peace in some precinct adjoining that precinct in which actions are required to be brought by the first paragraph of this section: Provided, That if the justice shall be absent from his precinct three hours, and at such time it becomes necessary to immediately sue out an attachment or writ of replevin in order to secure a debt or other demand or personal property which is about to be removed from the county, it shall be lawful for the plaintiff, his agent or attorney, in such suit to file his affidavit, setting forth such necessity for immediate action, before a justice of the peace in some adjoining precinct of the county and there commence and prosecute his action to final judgment and recovery. C. 109, L. 89, § 1: Feb. 28. Suit in case of absconding defendant. § 3338. If the defendant has no permanent residence within this territory, or shall attempt to abscond or evade the service of process in any manner, then suit may be commenced in any precinct of the territory where the defendant 93: Jan. 13. may be found. L. 1876, chap. 27. § Appeals: transcripts and papers to See ante. § 3316. § 3339. In all appeals taken from the sentences of justices of the peace, the appellant shall cause to be filed in the be filed. office of the clerk of the district court a certified transcript of the record of the proceedings had before the justice of the peace, together with the original oath, recognizance and other original papers in the case, on or before the return day of the appeal. Id. § 94. Appeals: witnes ses summoned. 3340. When an appeal shall be taken and granted from any justice of the peace, it shall be legal for such justice of when. the peace to issue summons for witnesses that may be required by any of the contending parties for their appearance before the court to which the appeal is taken, which summons shall contain the names of all the witnesses required by the party making the demand. § 3341. Every person who shall be summoned as provided in the foregoing section, shall attend in conformity with mandate, in the same manner as if the summons had been issued by the clerk of the court to which the appeal is taken. § 3342. No justice of the peace of the respective counties of this territory shall try any cause, nor hold his court out of his respective precinct, and the justice who shall violate the provisions of this section, shall be deemed guilty of a misdemeanor as involuntary neglect of his duties, and shall be tried on indictment before the district court, according to the provisions of sections eight hundred and forty-four to eight hundred and fifty-six. § 3343. All causes that said justice of the peace shall try, beyond the limits of their precinct shall be null and void, and the parties shall have the right to commence their suits, as though they had not been tried, and the justice so trying said cause shall, after conviction, be removed from office, and shall pay all damages caused to the parties. $3344. The two preceding sections shall in nowise effect the co-extensive jurisdiction of the justice of the peace in the of. Id. § 95. Summons: effect Id § 96. Court to be held in precinct: penalty. Id. § 97. Causes out of preeinet, void. Rights of parties. Jurisdiction not af fected. L. 1876, C. 27. § 99: County in which they are elected, such jurisdiction being in force according to law. Jan. 13. Forcible entry and detainer may be prosecuted: when. § 3345. An action for forcible entry or unlawful detainer of real property may be prosecuted before any justice of the Amended. C. 92. peace in the precinct where the property is situated, in the following cases: L. 89. § 1. First. When the defendant by force, intimidation, fraud or by stealth, enters or shall have entered in the lands and tenements of another and detains the same, for the purpose of proving any of the reasons or causes herein enumerated, it shall not be necessary to show that there was force, intimidation or fraud apparently or physically; and it shall be sufficient to prove that defendant entered upon and occupies the premises against the will or consent of the owner or owners thereof, and that after having been notified by the owner, his agent or attorney to vacate the same, he refused to do so. Second. When a lessee or tenant holds over after the termination or contrary to the terms of his lease or tenancy. Third. When the tenant fails to pay the rent at the time stipulated for payment. Fourth. When the defendant continues in possession after a sale by foreclosure of mortgage, or on execution, unless he claims by a title paramount to the mortgage by virtue of which the sale was made, or by title derived from the purchaser at the sale. Roberts et al. vs. Trujillo, vol. 1. page 519. W. C. Rep. § 3346. have been death. § 3347. The legal representatives of the person who might plaintiff, if alive, may bring this suit after his Before suit can be brought in any except the first of the above classes, three days' notice to quit must be given in writing to the defendant. § 3348. The complaint of the plaintiff must be made upon oath. Sanchez vs. Luna, vol. 1, page 238, N. M. Rep. If there be no justice of the peace in the precinct where the premises are situated, able or qualified by law to act, suit may be brought before some justice of the peace in any adjoining precinct. Suits of this nature shall be gov erned by the same rules governing other cases before justices of the peace, except as herein modified. § 3350. The time for appearance and pleading must be not less than three, nor more than ten days from the time the notice is served on the defendant. § 3351. No adjournment shall be made for more than ten days, nor to any other place except by consent of parties. § 3352. If the defendant is found guilty, judgment shall be entered against him for damages, and that he be removed from the premises, and that the plaintiff be put in possession thereof; and warrant of removal shall issue accordingly to which shall be added a clause commanding the officer to levy the damages and costs as in ordinary cases. § 3353. The question of the title cannot be investigated in this action, nor boundaries of land, and nothing herein contained shall prevent a party from suing for a trespass, or 3355. The warrant for removal can be executed only in the daytime. Warrant: to be executed in day time. Id. § 111. Land not abandoned. when: exception. § 3356. Any person who may be lawfully and peaceably in the possession of any land, and shall have cultivated, occupied or used the same, or any part thereof, in any one year, shall not be deemed or held to have abandoned the same when absent therefrom, unless he fails to re-enter the same in good faith on or before the fifteenth day of April, next following the last year in which he cultivated, occupied or used the same, unto the purpose of occupying, cultivating or using the same, or some part thereof, from year to year; and any person who may make an adverse entry to him during such time, except lessees, after the expiration of their term, and persons, whose permission he has to use, occupy or cultivate the same, or any part thereof, and after such permission expires, shall be deemed guilty of forcible entry and unlawful de 1: March 13. tainer, and subject to the laws governing the same. Adverse entry unlawful. L. 1884, chap. 4. § Appeal: taken. §3357. An appeal shall be allowed to the district court in Tipton vs. Cordova, vol. 1, page 383, N. M. Rep. how Bond: effect of. Amended, C. 48, L. L. 1876, chap. 27. § 112; Jan. 13. Appeal: when allowed. 3358. An appeal shall be allowed to the district court in all cases wherein judgment may be hereafter rendered in forcible entry and unlawful detainer, or both: Provided, Such appeal be so taken within ten days after the rendition of such judgment, and the appellant executing a good and sufficient appeal bond, in a sum to be fixed by the justice trying the cause, conditioned according to law as now in force. Feb. 1. § 3359. The district court on the trial of an appeal, shall proceed de novo, and may assess damages as aforesaid up to the time of final judgment against the defendant, and the security in the appeal bond shall be liable with the principal liable. for the damages so assessed, and said court may issue a warrant of removal or restitution as the case may require. § 3360. On appeals being taken to the district court, in any action of forcible entry and unlawful detainer, if the plaintiff recovers judgment, the damages assessed shall be the actual value of the rents due up to the rendition of judgment by the justice of the peace, and double the value of all rents accrued, after the rendition of judgment by the justice of the peace, and up to the rendition of judgment in the district. court, and if an appeal be afterwards taken therefrom to the supreme court, and judgment for plaintiff be there affirmed, said plaintiff shall have the right to recover further damages C. 62, L. 87, § 1: ure on. Bond; security L. 1876, C. 27, § 113: Jan. 13. Appeals. Damages, how assessed. 2: March 13. L. 1884. chap. 4. § at double the actual value of the rents of the property from the time of the rendition of judgment in the district court to the time of the delivery of possession to him, and shall have the right to sue for the same on the appeal or supersedeas bond given in the district court, which shall be fixed at a sum sufficient to cover such last mentioned damages, as also all damages and judgments rendered in the district court, which said bond shall contain a condition that the defendant appealing or taking a writ of error will pay all such judgment and damages if the judgment of the district court be affirmed. Bonds on appeal. Id. § 3. Process; who may execute. § 3361. On appeals taken from a judgment of a justice of the peace, the bond shall be in sufficient sum to cover all damages and judgment recovered in the justice of the peace court, as also all damages and judgment that may be rendered and recovered in the district court. And the district court may, on motion, require an additional bond to be given in any such case, and should the appellant fail to give such bond when required by the district court, within the time that may be required, then the said appeal shall be dismissed and the judgment below affirmed, and additional damages in accordance with this act assessed, and judgment, execution and a writ of possession then given by the district court. § 3362. All processes or executions issuing under and by virtue of this act may be executed by any sheriff or constable L. 1876. chap. 27. § of the county in which the action is commenced. 114: Jan. 13. Right of landlord not affected. Id. § 115. § 3363. The right of a landlord shall not be affected by the underleasing of his tenant. § 3364. When a lessee has been induced to take a lease by means of force, frand or intimidation, he shall be permitted to plead a paramount title in himself, an outstanding title or the want of title in the lessor. §3365. In all cases before a justice of the peace in which judgment shall be rendered against any party, either party may take his appeal to the district court. Archibeque vs. Miera, vol. 1, page 160, N. M. Rep. § 3366. Upon the party producing at the office of the justice of the peace within ten days after the rendition of the judgment, good and sufficient security, and offering to make the bond required, and the securities consenting to become security on the appeal, it shall be the duty of the justice to make out a bond and present it to the party, his agent or attorney, and the securities to sign, and upon the same being signed, the justice shall suspend all further proceedings in the cause and immediately make out a true and perfect transcript of the case from his docket, and transmit it, together with all the papers in the cause, to the clerk of the district court. Orr vs. Hopkins, vol. 2. page 272, W. C. Rep. § 3367. Whenever judgment shall be rendered by a jus tice of the peace, and from any cause whatever, either party shall be prevented or shall be unable to appeal within ten days, and he shall believe that injustice has been done him in the trial, if any was had, and in the judgment, he shall make |