Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-10-19


, journal entries, writs, citations and pro.
cesses therein, the United States shall
be designated as plaintiff and the adverse
party or parties as the defendant.
The clerk shall keep roll of attorneys.
Any attorney who is a member of the bar
of the supreme court of the United States,
or of any circuit court OF the United
States, or of the highest court of the
state or territory in which he resides,
SHALL upon his exhibiting his certificate
OF admission to the clerk, be entitled to
have his name entered upon the roll OF
attorneys, and to appear in any cause
pending before the court.
Actions relating to lands in Wyoming,
Nevada, Arizona or Utah, may, at the
election Of the plaintiff, be brought and
prosecuted at either Of the places where
the regular terms are held.
RULE II.
AS TO FILING OF PETITIONS, ETC.
Every person filing petition in this
court for the confirmation of any claim to
land under any grant shall, at the time
of filing such petition, deliver to the
clerk of the court, or the deputy clerk,
the original documents constituting or
creating such grant, also the original
documents of all intermediate assign
ments or conveyances Of any right or in
terest in such grant, evidencing the right
so claimed by the petitioner.
Ii, however, any such original docu-
ment can not, for any reason, be deliv-
cred as herein required, the reason there
Of shall be stated, and if such document
be in existence but not under the control
Of the petitioner, the name and place OF
the holder shall be stated, and If it be
claimed that any such document be lost
or destroyed the facts and circumstances
of such loss or destruction shall be
stated. The clerk or deputy 30 receiving
such documents shall receipt for same,
and such documents shall not be re.
moved from the custody of this court
until the final determination of the con-
| irmation or rejection of such claim.
Whenever any original document in any
other than the English language shall be
| delivered to the custody of the court, as
herein required, it shall be the duty of
the official interpreter to at once translate
the same into English in duplicate, one
Of which shall be filed with the clerk,
and the other delivered to the United
any petitioner shall claim any rights by
reason of any inheritance, by descent,
or by testamentary disposition, he shall
set forth in bis petition the names and
citizenship of all deceased persons
through whom it is claimed such right
is derived, and the names of the heirs OF
such deceased persons, and shall set
forth the law Of the place affecting such
right Of inheritance. And in case any
such right depends upon the last will
of any deceased person the petitioner
shall, at tho time of filing his petition,
deliver to the clerk or deputy copy OF
such will, together with a copy of the
records of the probate thereof, if any
such have been had. Upon filing any
petition the petitioner shall, at the time
of filing the same, deliver to the clerk or
deputy true copy thereof for each person
to be served with such petition.
RULE III.
AS TO PLEADINGs.
Until the further order of this court the
time for pleadings in all cases shall be ex-
wbch tho 70 case hs thTdt & fay the term
RULE ".
WITNESSES AND THEIR TESTIMONY.
In all cases witnesses for either pl-ty
shall be examined in open court upon the
trial of the cause, unless they are sick,
infrm or otherwise unable to attend, and
in that event either party desiring the
testimony of such witness or witnesses
shall make application to the court or
any judge thereof to take the deposition
of such witness or witnesses, and if it
appears to the satisfaction Of the court or
Judge that such witness or witnesses
ought not to be compelled to appear in
court and testify, the court or judge shall
make an order allowing the deposition
of such witness or witnesses to he taken.
Either party applying for an order to
take the deposition as herein provided
shall give notice to the adverse attorney
of record of the time and place OF max
ing such application at least five days
before the day upon which the same is
to be made, and shall state the name and
residence of each witness whose deposit
ton is desired. The application shall
state the name and residence of each
witness whose deposition is desired, and
what is expected to be proven by each,
together with the reasons why such
witness should not be required to attend
and testify, and the same shall be verified
by the oath of some party in interest or
an attorney of record i'll the cause, and
in all cases where an order Is made by
the court or Judge to take the deposition
of any witness or witnesses, the time and
place Of such dispositions shall be stated
in said order.
RULE V.
COMMITS SION AND TO WHOM DIRECTED.
The commission to take dispositions of
any witness or witnesses may be directed
to commissioner of any circuit court Of
the United States or to any person quail
fed to take testimony by the laws of the
state or territory in which the same is to
be executed. The person to whom the
same shall be directed shall be named
therein, and the place of his residence
shall be given in a manner that he may
be easily found. When the commission
shall be directed to an officer of the state
or territory in which it may be executed
certificate of the official character and
authority Of such officer from some court
or other proper source shall be returned
with it. The manner of certifying and
returning depositions shall he as provided
in the laws Of the state or territory where
taken.
RULE vi.
DISPOSITIONS, How OPENED AND FILED.
Either party may give five days
notice to the opposite party Of his inten-
ton to apply to the clerk to open and fi'e
depositions which have been returned in