The Eddy current., 1899-04-08
AN IMPORTANT LAW.
PASSED by Last legislature, Reietihg
40 TfInl 81 civil SUITE.


20 Trial q Civil Suits.
The one thing In which attorneys OF
New Mexico az we'll ne litlgants are
more particularly interested than any
other NJ the present time is the law
passed by the last legislative assembly
aud known as house bin No i2i, intro
ddced by Hon. + Wharton on Mar. 3,
with the declared purp Jse Of facllitat-
ing business In the district courts OF
New Mexico and 70 provide funds Tor
the payment Of iuries In the trial OK
civil cases.
The Act provides that IN all civil
cases, the presiding Judge shall, at the
commencement OF any term, call the
docket Of oil cases ready for trial,
" hen the plaintiff shall be required 20
demand or waive a jury In the trial, of
his case, and II the jury be waived By
the plaintiff, the defendant shall be re-
quired 10 demand OF waive the Jury 10
such trial, and when jury Is walvod
by both parties, the cause shall be set
down by the court after the Dismissal
Of the Jury panel.
Provided. that In case the attorney
OF either party shall not be present on
the llrst day Of the term, the case shall
not be set down for trial or his client
called on 20 decide whether he dealea q
| Jury trial until notice In writing has
been served upon him by mail or other.
wise, that the other party has consent
ed 90 waive the fury, aud he shall be
given time enough TO prepare the ne
cessary aiildavit OF papers ON behalf Of
his cllpnt'0r 70 De heard aa TO whether
his ciient will waive the jury, such
time to be fixed by the Judge in his
discretion. 80.
Sec. 9 In All civil cases the fees Of
the jury actually engaged In tho trial
Of the cause, except as otherwise herein
provided lJhall be taxed as part of the
costs ln The case against the party los
" shall, upon the calling of the dock
et, demand jury Tor the trial OF any
civil case, the party 80 demanding the
same, shall be required TO deposit the
sum Of 22i with the clerk of the court
% cover the fees OF the Jury employed
| In the trial Of such cause. on the day
before same Is eet for trial, and. e24 ,id-
ditiOnal, for each subsequent day such
| Jury shall be engaged in lthe trial .Of
said cause shall be deposited upon tho
commencement OF court upon the morn
| ing OF each day Of such rial provided,
however, that when there are sufficient
funds on hand for she payment Of che
| Jury panel for the term OF court AZ
which such cause n set down for trial
10 pay all costs OF the jury during the
term Of such cuurt, than II shall not he
necessary for the parties 10 eiyHacIiena
10 deposit funds for that purpose Aa
provided for In section 2, Of this act,
but In such event, the jury In the trial
OF ali Gnch cases, civil as we'll as criml-
nal, shall be paid ,Out of such court
fund: and the court shall In It's discre
ton, decide Rhether or not the court
/ funds are sufficient for the trial Of all
causes during the term and whether OF
not parties demanding iuries shall de-
posit fundsto pay expenses OF same IN
such trials.
Sec. 3. Whenever the Jury fees are
advanced In the trial Of a causa 10 ~
sec, 2 OF this act provided, thB Ammint
so advanced shall be paid 70 the jury
ltryipg tho capse ana shall be deducted
ffom1te 'dnOunt per diem that the
Jury wou,1 Otherwise 'feebifo; khc bhe
party having advanced such costa or
fees shall receive from the clerk q re-
celpt Tor the same, aud judgement
shall be given against ths unsuccess-
ful party except when such party has
nald such costs, for the amount 80 ad-
yanced, and the same shall DO collected
as other costs 10 The case,
Sec 4 Whenever a party demanding
Jury In the trial OF any civil actlonif
any OF the district courts OF the teflf-
| tory of New Mexico shall fail upon be-
ing so ordered by the court TO advance
tho jury fees required by this act or
any part thereof. such party will be de-
emed 10 have waived fury In the
trial OF such coust, aud the case ahall
then be set down To be tried by the
court Wherein the Jury has been waiv-
Sec. 3 When either party to a civil
srtlon "a any OF the district courts OF
New Mexico, shall after the same Is nc
issue, demand Jury In the trial OF such
case aud pay tO the clerk of such court
the jury fees required by this act, such
party shall have the right 10 a speedy
trial Of such cause Ia the order Of such
cases, at the time set down fOr..ltial
upon the dOckets OF said entlrts RtO-
yided, that the provisions Of this act
shall not apply 10 either the plaintiff OF
defendant Ia any civil suit, who will
make an afldaylt and flle the same iE
the cause that he IL by reason OF power.
~ unable TO deposit the amount OF
money herein required 90 be Deposited
fOf the purpose % obtaining fury
trial, and such persons shall bo entitled
20 the free process and free - TRIAL
In such cause OF the district G. arts as
nDgq ufoged hV Law