White Oaks eagle. (White Oaks, N.M.) 189?-190?, 1899-04-06
AN IMPORTANT LAW.
Passed by Last Legislature, Relating to
Trial Of Civil Suits.

utys VI NCW MCAICo 40 "Oti "'
litigants are more particularly in
tcrcsted than any other at the
present time, says the Albuquerque
Citizen, is the law passed by the
legislative assembly and known as
bill 121, introduced by Hon. j.
f. Wharton on March 3, with the
declared purpose of facilitating
business in the district courts of
New Mexico and to provide funds
for the payment Of juries in the
trial of civil cases.
The act provides that in all cas-
es, the presiding judge shall, at the
commencement of any term, call
the docket of all cases ready for
trial, when the plaintiff shall be
required to demand or waive q jury
in such trial, and when jury is
waived by both parties, the cause
shall be set down to be tried 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
| first day of the term, the case shall not
be set down for trial or his client called
on to decide whether he desires a jury
trial until a notice in writing has been
served upon him by mail or otherwise,
that The other party has consented to
waive the jury, and he shall be given
time enough to prepare the necessary
affidavit or papers on behalf of his eli
ont or to be heard as to whether his eli
entwiIl wave the jury, such time TO be
fixeaby the judge in lis discretion.
Sec. 2-In all civil cases the fees of
the jury actually engaged in tho trial Of
the cause. except as otherwise herein
provided, shall be taxed az part of the
costs in the case against the party losing
the same, and whenever either party
shall, upon the calling OF the docket, de-
mand jury for the trial OF any civil
case, the party 80 demanding the same,
Sud he required to deposit the sum OF
$24 with the clerk OF the court to cover
the fees of the jury employed in the
trial of snch cause. on the day before
same is set for trial, and $24 additional
for each subsequent day such jury shall
be engaged in the trial OF said cause, shall
be deposited upon the commencement of
such trial; provided. however, that when
there are sufficient funds on hand for the
payment Of the jury panel for the
term of court at which such cause il
set down for trial to pay all costs ol
the jury during the term OF such court
that it shall not be necessary for the
parties to civil actions to deposit fundt
for that purpose as provided in section
2, OF this act, but, in such event, tn,
jury in the trial of all such causes, civ
as we'll as criminal, shall be paid out ot
snch court fund; and the court shall. il
its discretion, decide whether or not the
court funds are sufficient for the trial o.
all causes during the term and whether
or not parties demanding juries shall
deposit funds to pay expenses OF same
in such trinls
Sec. Whenever the jury fees are ad
vanced in the trial OF cause. as 10 sec
tion OF this act provided, the amount &c
, advanced shall be paid to the jury try
ing the csnse and shall he deducted
from the amount per diem that the jury
would otherwise receive; and the party
having advanced such costs or fees
shall receive from the clerk receipt 10
for the same, and judgment shall bt
given against the unsuccessful party
except when such party has paid sucl
costs, for the amount 30 advanced anC
the same shall be collected as othe
costs in the case.
Sec. L. Whenever party domandin,
} jury in the trial OF any civil action il
= any OF the district courts OF tho territor
OF New Mexico shall fail upon being 8
ordered by the court, to advance the iur
! fees required by this act, or any par
3 thereof, such party shall be deemed t
have waived a jury in tho trial OF sue
canse and the case shall then be 80
down TO be tried by the court as othe
. cases wherein jury has been waived
9 Sec 5. When either party to civ
J.. action in any Of the district courts {
8 New Mexico, shall after the same is
8 issue, demand jury in tho trial OF sue
4 case and pay TO the clerk Of such con-
r the jury fees required by this act, sue
/ party shall have the right to speed
: trial OF such cause in tho order OF sue
O cases. at the time yet down for trial upc
a the dockets OF said courts. Provide
a that the proyisious OF this a,,t shall n,