Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1899-04-19
PRACTICE IN The COURTS.
An Act Relating to Practice in Supreme and
District Courts and Other PURPOSES.

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District Courts and Other PURPOSES.
The law relating to practice in the
supreme and district courts and for
other purposes reads as follows:
Section /. Hereafter whenever al
appeal is taken to the supreme court or
writ of error sued out, and no bond for
supersedeas is given, the appellant or
plaintiff In error shall at the time OF
suing out such writ of error, file with
the clerk of the district court, in cases
of appeal, and with the clerk of the
supreme court in cases of writs of error,
a bond with sufficient sureties, qualified
as in other cases, TO the effect that the
appellant or plaintiff in error shall pay
all costs that may be ad judged against
him on said appeal or writ of error.
Sec. 2. The supreme court is hereby
authorized and empowered to fix by rule
what shall be taxable costs, on appeals
and writs of error.
Sec. 3. Hereafter the clerks of the
district courts shall not: demand the
payment in advance of all costs made
during the progress of causes. Said
SlCAh no may OACCpU III INoCo WApAo ouioo
are prosecuted by suitors suing as poor
persons, demand a. reasonable deposit
from the parties to the cause, for the
payment of the costs properly charge
able in the first instance to either plain
tiff or defendant, which said deposit so
demanded shall not at any n time ex-
coed the sum of $40, unless the excess
is voluntarily deposited. No part of the
deposits sc made shall be paid into the
treasury of the territory, except so much
thereof as has been earned by the clerk
as costs for services already rendered,
and the part not $ earned shall be re-
tanned by the clerk to the credit of the
depositor, and any surplus remaining
after the final determination of the case,
shall be accounted for to the deposltOr
by the clerk.
Sec. 4. The cost bonds provided for
by this act, both in the supreme and
district courts, shall not specify any
particular sum of money, but shall pro-
vide for the payment of all costs for
which the party or whose behalf they
are given shall become liable, on such
appeal, writ of error, or suit, as the
case may be.
Sec. 5. That subsection 172 of sec
ton 1855, chapter one, title XXAIII, of
the Compiled Laws Of 1897 be amended
so as to read as follows; lin all cases
tried by the court, either with or with
out the Intervention of a jury, the testi-
mony, all ruling of the court, objections
made and exceptions taken on the trial,
shall be taken down by the court stem
%ographer, unless waived by the parties
to the action. After such trial any
party to the action may require the
court stenographer to transcribe the
whole or any part Of his stenographic
notes, and when the stenographer shall
have transcribed his notes, he shall file
the same in the office of the clerk of
the court, in which the action in which
they were taken was tried, and there
upon, either party to said cause desir-
of exceptions, may give 10 days notice
to the opposite party of his intention of
applying to the judge of the court in
which said cause was tried, to have the
Judge of said court to sign and seal said
notes in proper form as a bill of excep-
tions, and may at the same time give
notice of his intention to ask that any
additional matters proper to be so in
corporated, also be Incorporated there
in. Upon such notice, unless said
transcript shall be shown to be incor-
rect, and in that case after correction,
the Judge, or his successor, shall settle,
sign and seal the said transcript as a
bill Of exceptions, adding thereto such
additional matters properly sought to
be added. For the purpose of having
said bill Of exceptions signed and sealed
it shall not be necessary to make out
a new copy of the notes of said stenog-
rapher, but the same may be referred
to and identified as part Of the bill of
exceptions; nor shall it be necessary to
serve a copy thereof with the notice. If,
for any reason, it shall be impractical
BILE to use the transcript Of the stenog-
rapher's notes, taken upon any trial in
the n above provided for, for the
purpose Of settling bills Of exception,
bills of exception may be settled, signed
and sealed in the same as they
have formerly been, when no %stenogra-
pher was used. In all actions tried with
out a jury the testimony taken before
a court, or that taken by a referee, the
transcribed notes Of the stenographer
in such cases, properly certified by the
court or referee, and all motions, or
ders or decisions made or entered in the
progress Of the trial of any action, shall
become and be a part Of the record for
the purpose of having the cause re-
viewed by the supreme court upon APP
peal or writ Of error, without any bill
Of exceptions, and it shall not be neces-
sary to have any of such matters a part
of the record In cases SO tried. It shall
not be necessary to make a motion for
court without a jury, nor shall 1t be
necessary to incorporate a motion for
a new trial in a bill of exceptions in
any case, but the same shall become a
part of the record without so doing.
The court s~tenographer shall be COM
pensated for taking down such testi-
mony, in the same manner as now pro-
vided by law for such service rendered
during a term Of court. And the clerk
of the district court shall be allowed 10
cents per folio for making out and GER
tifying a copy Of the record, and s cents
per folio for certifying any part thereof,
copies of which may have been fur
nished by the s~tenographer, to be paid
by the party sueing out a writ of error
or appeal.
Sec. 6.-That subsection lis, Of arti-
Gle 3, Of the anne section and title men
toned in the preceding section. be
amended so as to read as follows: ''This
a NJ She II MT nNJr, ~ ~ ~ 1899 xr,{ona n 80