Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1891-05-14
THE NEW LAWS.
PRESERVATION OF TESTIMONY.

Section 1. That in all preliminary ex.
aminations before justices OF the peace in
this territory of the crimes of murder OF
other felonies, whenever in the discretion
and judgment of the district attorney oil
said county it is deemed advisable for the
preparation and preservation of testi.
mony to be submitted to the grand Jury
OF said county of said charge, the said
district attorney is hereby authorized and
empowered to employ an efficient and
competent stenographer, whose duties
shall be to take down the evidence and
reduce the same to writing, given at such
preliminary examination, and after the
same shall have been reduced to writing
shall under oath certify that such tes.i-
mony was the testimony taken before
such justice of tho peace on the prelimin-
ary examination of such ofense, and
shall deliver the same, with his steno-
graphic notes, to said district attorney,
and the said evidence so written out shall
by said district attorney be presented to
the grand jury Of the district court of said
county, as soon as said grand Jury shall
have been convened for the transaction
of business, for their examination and
inspection, and whenever in the iudg-
ment of said grand jury, upon the ex
animation of said evidence so presented
by said district attorney to said grand
jury, a murder or other felonious
crime has been committed, indictable un-
der the laws Of the territory, and such
evidence so taken down may be used be-
fore the grand jury without calling the
witnesses who testified to the same with |
the same force or effect as if the said |
witnesses had testified before the grand |
jury: Provided however, That such |
grand jury shall in no manner be
restricted by the provisions OF this act |
from summoning before them any or all |
witnesses that they may deem necessary
in the examination of any such charge,
other than those whose testimony has so |
been taken and submitted to them
Provided further, That in all preliminary
before any justice of the
peace, or other examining magistrate in
any criminal case'all the evidence taken
before the justice or magistrate shall be
reduced to writing and certified by the
Justice or magistrate to be true and cor
rect, and shall be forwarded by him to
the clerk of the district court, which evil
dence 30 certified shall be used before
The grand jury with the same effect and
subject to the same conditions and re-
,trictions as the evidence above provided
Tor in cases to be taken under the direc-
ion of the district attorney by steno-
yrapher.
Sec. 2. The said stenographer, for
'aid services beforei any such justice of
he peace in the examination of the crimes
If murder and other felonies, shall re-
,eive as compensation the same allow
lnce as is provided for like services in the
district court.
Sec. 8. Upon any stenographer per-
orming said services as by this act pro-
'ided, it shall be the duty Of the justice
II the peace before whom said examine
ion may have been held to issue to such
certificate under his seal,
citing forth the fact Of such exam
nation being held before said justice and
he attendance of said stenograpber in
aking down such testimony and setting
orth the number of days Of service Of