Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1889-03-26
Sec. 3.--This act shall ho in force and
take effect from and after ts passage.
Approved February ;, 1882.

Sec. 3.-This act shall no in force and
take effect from and after ts passage.
Approved February 5, 1882.
An act relating to cosnoyitS or juds-
nrut by confession.
Section IA judgment by confession
without action may he entered. Ivy the
clerk Qi the district courtsin this territory
in term tune or in vacation, in the man-
ner hereinafter prescribed.
Sec. 2.~--SuCh confession can be only
for money due, or to become due, or to
secure person against contingent llablll-
ties on behalf of the defendant, and must
be for specified sum.
Sec. "a statement in writing must be
made and signed by the defendant and
verified by his oath tothe following effect,
and filed with the clerk:
First.--If for money due or to become
due it must state fully and concisely the
facts out OF which the Indebtedness arose,
and that the sum confessed therefor Is
Justly due, or to become due as the case
may be.
Second.--Ii for the purpose OF securing
the plaintiff against a contingent liability,
it must state fully but conciSely the facts
constituting such liability. and must show
that the sum confessed therefor does not
exceed the same
Sec. 1.-THE clerk shall therenpon re-
cord the same in his court record for such
county, and shall make an entry OF ludg-
ment thereon for the amount thus con-
fessed and costs, and shall docket the
same in its proper alphabetical place upon
the Judgment docket OF said court Tor SAID
county, with reference to the book and
page of the court record whore the same
is recorded at length as aforesaid, and
shall issue execution thereon as in other
cases, or as may be stipulated between the
parties as in the next section provided:
Sec. 5.-Any defendant SO coutesslng
Judgment, may attach such condition or
conditions thereto rs to stay OF execution,
not to exceed one year, as the beneficiary
NAV agree to by signing the'sam
Sec. 6.--Such judgment when 80 filed,
recorded and docketed shall have all the
binding force and effect that Judgments
obtained in the regular manner now or
NAV hereafter, have by law in said courts,
as to being liens upon real estate of such
defendant, and otherwise. And the
beneficiary under such judgment shall
have the same right to file transcripts
thereof in other counties, to be lien upon
the real estate of such defendant, as any
plaintiff now has, or may hereafter have,
under the law, by in like manner filing a
certified transcript thereof in the office OF
the ex-officio recorder of such other
county or counties.
Sec. THE clerks of such district
courts, shall receive from the person ap.
plying to file any such confession OF
judgment, fee Of 81, for filing and
docketing the same, and Is cents for each
folio of 100 words for recording the same,
and like per folio for all transcripts fur
nished, with an additional fee of so cents
for certifying to the latter. The clerks OF
the probate courts or ex-otlicio recorders
shall receive fee of 50 cents for filing
such certified transcript or copy, and
upon the filing thereof they shall imme-
diately note the same upon their reception
book and properly index the same in the
induces of their offices.
Sec. S.-No such confession of judy
ment shall be filed with the clerks of said
district courts, unless the defendant or
debtor shall attach to and make, as part
of the statement required in section 3 OF
this act, an affidavit setting forth that the
same is made in good faith to secure such
beneficiary in debt or contingent liability
Justly due in the sum thus confessed OF
necessarily entered into, and not with the
intention of defrauding any OF such de,
PENDANTS creditors.
Sec. 3--This act shall take effect and
be in force from and after its approval.
Approved, February 5, 1889.