Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1889-04-27

An act to secure the right OF appeal
from judgments of justices OF the peace,
and attixing penalty for the wrongful
refusal OF such appeal.
Section THAT in al cases triable be-
fore justices OF the peace, in which ap-
peals are now, or may hereafter be al
lowed by law, it shall be the duty OF the
justice OF the peace before whom such
case is tried, to allow such appeal, upon
demand by the party aggrieved, and a
compliance by such party with the stat
utes regulating such appeals; provided,
that it shall not be necessary for the ap-
pelant to bring his sureties on his appeal
bond before the justice for the purpose of
having his bond approved. And provided
further, that in all cases including actions
of forcible entry and unlawful detainer
appeals may be taken at any time within
ten days after the rendition Of the iudg-
ment.
Sec. Eli any justice OF the peace shall
wrongfully refuse to allow an appeal in
any case where an appeal is now or may
hereafter be permitted by law, or shall
demand from any person the payment of
any sum of money as a condition prece-
dent to the granting OF such appeal, or to
the approval OF any bond which may be
required by law to perfect such appeal, or
any stay of proceedings thereon, such
justice OF the peace so offending shall for
felt and pay to the party aggrieved
penalty of 5000, to be recovered by him in
an action OF debt prosecuted in his own
name, in the district court of the county
in which such justice is acting.
Sec. 3.-Whenever any justice OF the
peace shall wrongfully refuse to grant an
appeal as provided in section l of this
act, the appellant, his agent, or attorney,
shall have the right to appear before the
clerk OF the district court of the county in
which such appeal has been refused, and
file an affidavit, setting forth the name OF
the justice of the peace, the number Of
his precinct, the names Of the parties to
the action, the amount Of the judgment
and the date of its rendition, and the fact
that an appeal has been applied for, to
the justice of the peace, within the time
allowed by law, and that good and suffi-
Gent bond was rendered to the said JUS
tice OF the peace at the time OF such ap-
plication, and that such appeal has been
refused; and thereupon it shall be the
duty OF such clerk OF the district court to
prepare a bond in sum sufficient to
secure the performance of such judgment
and the payment OF any further damages
and costs which may accrue, conditioned
as bonds for appeals from justices of the
peace are required by law to be condi-
toned, and upon the execution thereof
by the appellant, with sufficient suretes,
such clerk shall approve such bond, and
forthwith issue writ to such justice of
the peace, commanding him forthwith to
stay all proceedings on the said judgment,
and to transmit to the said district
court, all the original papers, and
a complete transcript Of all the
proceedings in said cause, and the
issuance of such writ shall operate to stay
all such proceedings. 1t shall also be the
duty of the said clerk to issue citation,
directed to any sheriff or any constable of
any county OF this territory, commanding
him to notify the appellee that an appeal
has been taken from the said judgment,
and that unless he appears before the
said district court on or before the second
day of the next term of the said court,
which shall convene not less than five
days after the service Of such citation,
and enter his appearance to the said ap-
peal Judgment will be rendered against
him upon said appeal provided, however,
that unless such application is made to
such clerk of the district court within
thirty days after the refusal of such ap-
peal, the appellant shall be deemed to
have waived his right 30 such appeal, and
also his right OF action against such JUS
tice OF the peace, under the provisions Of
section of this act.
Sec. At the citation provided for by
section of this act shall be returned
mot found by the officer to whom the
same is delivered, service thereof NAV
thereafter be made in the same manner
that service of process by attachment
against non-residents in the courts of JUS
tees OF the peace, is permitted by law to
be made. %
Sec. 5.--If any officer shall wrongfully
return any such citation that the appellee
can not be found, when by exercising or
binary DILIGENCE. such officer could have
found such appellee, such officer and
sureties on his official bond, shall be
liable to such person in double the
amount of the demand sued for in any
cause, and all costs accrued therein, re-
coyerable in an action of debt in the dis
trict court OF the county In which such de-