CHAPTER LX. PRACTICE-CIVIL. AN ACT relating to proceedings by mandamus. Be it enacted by the Legislative Assembly of the Territory of New Mexico: reviewable. SECTION 1. That in all cases of proceedings by man- Final judgment damus in any district court of this territory, the final judgment of the court thereon shall be reviewable by appeal or writ of error in the same manner as now provided by law in other civil cases, except that such appeal or writ of error shall not operate as a supersedeas of any judgment of the district court. SEC. 2. All laws or parts of laws in conflict with this act are hereby repealed, and this act shall take effect and be in force from and after its passage. Approved February 24, 1887. CHAPTER LXI. PRACTICE-CIVIL. AN ACT dispensing with the necessity of the revivor of judg ments. Be it enacted by the Legislative Assembly of the Territory of New Mexico: SECTION 1. That hereafter it shall not be necessary to bring proceedings in any court to revive a judgment having Judgment, how revived. been already obtained before a court of competent jurisdiction in this territory, except in cases where such judg ment had been rendered for a period of five years or more next preceding the issue of final process for the enforcement of the same. SEC. 2. An execution may issue at any time, on behalf of any one interested in such judgment referred to in the above section, within five years after the rendition thereof, and without the necessity of bringing an action to revive the same. SEC. 3. This act shall be in force and effect, from and after its passage. Approved February 10, 1887. CHAPTER LXII. PRACTICE-CIVIL. AN ACT amending an "Act regulating appeals in cases of forcible entry and detainer." Appeal, when allowed. Be it enacted by the Legislative Assembly of the Territory of New Mexico: SECTION 1. 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 three 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. SEC. 2. That all acts and parts of acts in conflict herewith are hereby repealed. SEC. 3. This act shall be in full force and effect from and after its passage. Approved February 1, 1887. CHAPTER LXIII. PRACTICE-CIVIL. AN ACT to provide for additional security. in attachment and replevin suits. Be it enacted by the Legislative Assembly of the Territory of New Mexico: curity. SECTION 1. Any person, plaintiff or defendant in any Additional seattachment or replevin suits pending in any court in this territory, may, at any time before judgment, after reasonable notice to the person by whom any bond has been given in any such suit, move the court for additional security on the part of any such principal in such bond, and if on such motion the court is satisfied that any surety on such bond has removed from the territory, or that for any other reason such bond is not sufficient security for the amount thereof, it may direct a new and sufficient bond to be given within a reasonable time, to be fixed by the court, and in default thereof may make such order disposing of the property the possession of which is held by virtue of such bond as the failure to give such additional security may require, and such orders may be made in vacation as well as in term time. nate person to serve process on sheriff. SEC. 2. Whenever any suit in replevin shall be filed Clerk to desig against the sheriff of any county in this territory, the clerk of the district court shall designate some person to serve the process on the defendant, but before issuing such process the clerk shall require the bond provided for by section 1978 of the compiled laws to be filed with him, and the sufficiency of the sureties thereon shall be approved by the clerk. SEC. 3. Any person interested in any bond by virtue of the attachment and replevin laws, may maintain suit thereon without any assignment by the officer to whom the same is given. SEC. 4. This act shall be in force and effect from and after the date of its passage, and all acts and parts of acts in conflict herewith are hereby expressly repealed. Approved February 24, 1887. CHAPTER LXIV. PRACTICE CIVIL. AN ACT amending section 2060 of the compiled laws of this territory. Jury trial, when waived. Be it enacted by the Legislative Assembly of the Territory of New Mexico: SECTION 1. That section 2060 of the compiled laws, as compiled in accordance with the act of the legislature, approved April 3rd, 1884, be and the same is hereby amended so as to read as follows: Trial by jury may be waived by the several parties to any issue of fact, in the following manner: 1st. By suffering default, or by failing to appear at the trial. 2nd. By written consent, in person, or by attorney, filed with the clerk. 3rd. 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 exceptions 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 and with the same effect, as if it had been tried before a jury. SEC. 2. This act shall be in force and effect from and after its passage. Filed by the Governor, February 24, 1887. CHAPTER LXV. PRINTING. AN ACT to provide for the payment of printing in Spanish. Be it enacted by the Legslative Assembly of the Territory of New Mexico: SECTION 1. That the sum of one thousand dollars, or so much thereof as may be necessary, is hereby appropriated out of any money in the territorial treasury, for the payment of the printing of bills, resolutions and papers ordered by the legislative assembly to be printed in the Spanish language. Appropriations. done. SEC. 2. That such printing shall be under the Printing, how direction and control of the committees on public printing of the two houses of this legislative assembly, said printing to be done in the shortest possible time, and for the lowest price obtainable, and upon a certificate of the chairmen of the respective committees on public printing, the auditor of public accounts is authorized to draw his warrant on the treasurer of the territory in favor of the person or persons entitled thereto, and for the amount certified as being true and correct. SEC. 3. That this act shall take effect and be in force from and after its passage. Passed by both Houses over the Governor's veto. |
