Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1889-05-13
SOME NEW LAWS.
Acts of the 2sth Assembly OF Intarest 30
the People.

An act in relation to change Of venue.
Section 1.-The venue in all civil and
criminal cases shall be changed whenever
the Judge is interested in the result, or is
related to or has been counsel for either
party, or when the party moving for
change shall file in the case an affidavit
Oh himself, his agent or attorney, stating
that he believes such party can not OBJ
'aln Il lar trial IN the county wherein the
cause Is then pending, either because the
adverse party has All undue influence
over the mlndS of the inhabitants OF such
county, or the inhabitants OF such county
are prejudiced against such party, or be-
cause by reason of public excitement or
local prejudice in such county ia regard
to the case or the questions involved
therein an impartial Jury can not be OBJ
tanned IN such county to try the same.
such affidavit must be supported by the
oaths OF two disinteresttd persons that
tlley DelleVe the facts therein stated are
true.
Sec. 1.-The order granting such
change of venue shall be made upon
motion supported by such affidavit as
aforesaid, either i'll term time or by the
Judge OF the court IN vacation, at any
time after the service Of process in the
cause. Ii made in vacation five DAYS
notice OF the time and place of presenting
the motion must be given to the opposite
party or his attorney.
Sec. Sin all cases where change of
venue IS granted, upon any ground other
THAN those relating to the Judge, the cause
shall be removed ether to some other
county Tree from exception within
the same judicial district, or to the dis !
trlct court Of such judicial district sitting
Tor the trial of cases arising under the
constitution and laws of the United States,
which court is hereby given jurisdiction
to try and determine all cases so removed !
Ii the change OF venue is ordered upon
any OF the grounds relating to the Judge,
the case shall be removed to the next
nearest district or some county thereof.
Sec. 4.-No change of venue shall be !
allowed after the first term at which the .
party might have been heard, unless the
causes upon which the motion is founded |
have interviewed subsequent to such term.
But in all pending cases the right to
change of venue, as hereinbefore pro-
vided, shall exist until the end of the
term OF court next succeeding the passage
of this act, in the county wherein the
case is pending.
Sec. 5.-All laws and parts of laws in
with this are hereby repealed,
and this act shall be in force from and
after its passage.
Passed over veto Feb. %, 1889.
An act repeating an act of the 9th leg
satlve assembly of the territory of New
Mexico, entitled can act establishing the
salaries OF the chief justice and associate
Justices of the supreme court of the terri
tory of New Mexico" approved February
"a, 1887.
Section THAT an act entitled Gan
act fixing the salaries of the chief justice
and associate justices Of the SUI preme
court of the territory of New Mexico, and
or other purposes" approved February
"A, 1887, be and the same is hereby re-
oealed in all its parts and provisions.
Sec. 2.-That this act shall be in force
rom and after its passage.
Law by limitation February %, 1889.
An act with reference to certain fees in
he courts of justices OF the peace, and for
)ther purposes.
Section lit shall not be lawful for
any sheriff or deputy sheriff to attend the
session OF the court of any justice of the
peace unless the constable of the precinct
De sick, absent or otherwise unable to at
end, and whenever such sheriff or deputy
sheriff shall attend any such court in the
,ase herein permitted he shall receive
,nly the fees and allowances which are
allowed by the law to constables in such
asses and in all cases of services per-
ormed by any sheriff or deputy sheriff in
he service of processes of justice of the
,eace the fees shall be the same as are
allowed by law to constables.
Sec. 2.-All laws and parts of laws in
conflict with this act are hereby repealed,
md this act shall be in force from and
liter its passage.
Law by limitation Feb. Is, 1889,
hat,