Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1889-09-19

| to exceed $1,000 year.
Sec Is. Any person, to be eligible to
the office OF Judge of the district court,
shall be citizen of the United States,
permanent resident of the district in
which he is elected judge OF the SUI
preme or district court, at least 80 years
Of aye, practicing lawyer in good stand
ing in the territory or state of New Mex
leo for at least two years next preceding
| his election or his service upon the bench
of any court of record in the United States,
when added to the time he shall have so
practiced law, shall be equal to such four
years.
Sec. IA. There shall be district court
for each county. The district courts shall
have general unlimited chsncery and
common law jurisdiction, which shall be
kept distinct, and shall have an appellate
jurisdiction in all cases and matters de-
cided in the probate courts and in courts
of justices of the peace under such regula-
lions as may be prescribed 10y law, and
shall have general control over all in
ferlor courts.
Sec. 10. The district court and judges
thereof i'll vacation shall have power to
issue writs of habeas corpus, mandamus,
quo warranto, certlorari injunction, pro-
| llibition and sll other original and RENE
dial writs necessary to the exercise OF
their jurisdiction, with authority to hear
and determine the same. They shall be
ronservators OF the peace throughout the
state.
Sec. 16. The time of holding courts
within said judicial districts shall be as
provided by law, but at least two terms
Of the district court shall be held annually
in each organized county, except in such
counties as may be attached for judicial
purposes to other counties wherein such
courts are held. Special terms OF said
courts may be held under such regulations
as may be prescribed by law.
Sec II. Writs OF error and appeals
shall be allowed from the decisions of the
distric: courts to the supreme court under
such regulations Us shall be prescribed by
law.
Sec. IS. The legislature shall provide
by law for holding district courts when,
from any cause, the judge shall fail to
attend or, if in attendance, can not prop
crly preside.
Sec. 10. There shall be clerk of the
district court in each county wherein u
term is held who shall be elected by the
qualified electors thereof at the same
time and for the same term as herein
, provided for the judges of the district
r court His duties and compensation
shall be prescribed by law. Such clerk
shall keep the records of the district
court for that county at the county seat
! thereof and be the custodian thereof and
: of the seal of sud court,
PROBATE COURTS.
Sec. 20. There shall be elected in
each organized county in this state q
Judge of the probate court, whose term Of
2 office shall be two years and until his
! successor shall have been elected and
! qualified. His qualifications and duties
shall be determined by law.
Sec. 81. There shall be q proeate
court in each county, the jurisdiction o.
which shall be prescribed by law. The
probate court in each county shall be &
, continuation of the probate court under
the territorial government, and the rec.
ords and files thereof shall be contin.
uous and unbroken.
Sec %. There shall be prescribed by
, law code of procedure and practice fol
the probate courts; and until such code
is prescribed by law, the supreme cour
may prescribe rules not inconsistent witt
8 this convention, and with law for the
guidarce OF such courts.
\ Sec. 20. There shall be clerk of the
. probate court in each organized county O
this state, who shall be elected by the
! qualified electors thereof. The duties o.
p such clerk shall be as prescribed by law
Sec. "a. Appeals shall be allowed ir
p all cases from county courts to district
. courts, in such manner and under sucl
. regulations as shall be prescribed by law
p Sec. %. The regular terms of the pro
S bate courts for the several counties respect
) lively shall be prescribed by law, but tn ay
p shall always he open for the transaction
: Of business, except on legal holidays anc
/ non-judicial days.
> Sec. 26. Any matter pending in ,
probate court, which the judge thereo
Shall he disqualified to try or hear, shal
= be transferred to the district court of thu
| same county for trial or hearing.
COURTS OF JUSTICES OF THE PEACE.
Sec. 81. The tenure of office and iuris
Z diction of justices OF the peace shall bt
regulated by law but they shall not have
! jurisdiction of cases involving the title o
! land or of cases where the amount in
volved, exclusive OF costs, is over 500
nor of cases OF felony, except as commit
ting magistrate.
r GENERAL PROVISIONS.
Sec. %. The supreme, district ant
probate courts shall he courts OF record.
Sec. 20. The legislature shall provide
by law for an appropriate seal for each o
said courts Of record, with which all rec
! ords thereof and wrts and processes is
J suing therefrom respectively shall bt
authenticated. And all prosecutions
: civil and criminal, shall be conducted il
the name and by the authority of the
same.
Sec. 80. All processes shall run in tn,
name OF the state OF New Mexico, ant
all prosecutions, civil and crinina!
r shall he conducted in the name ant
by the authority OF the same, and all in
E dictments shall conclude, against tn,
peace and dignity OF the state of New
. Mexico"
Sec. 81. 1t shall he the duty of tn
= legislature to provide for carrying into ei
] feet this article and TO provide for gen
eral system Of practice in all the court
of the state.
a Sec. 50. The legislature may limit til
/ power OF the courts to punish for con
!, tempt.
! Sec. SO. Nojudge Of any court Of recor
r shall, during his service as such judge
practice law in any of the courts OF thi
e state or OF the United States, or Civ
e advice in any case which may come befor
him.
Sec. "a. The supreme court shall hay