Albuquerque daily citizen. [volume] (Albuquerque, N.M.) 1895-1903, 1899-04-01
AN imfoRIANf Law.
Passed by Last Legislature, Relating to
Tfial OF Civil suits.

Passed by Last Legislature, Relating 10
Trial OF Civil suits.
The one thing in which attorneys Of
New Mexico as we'll as hdglnts are
more particularly int rested than any
other az the present time Is the law
passed by the last legislative assembly
and known ~ house bill Mo. l2l, intro.
du ,ed by Hon. j n. Wharton on March 8.
with tue declared purpose OF facilitating
business Ia the district courts OF New
Mexico snd to provide funds Tor the pay
ment Of juries IN the trial Of civil cases.
The acs provides thaI IN al civil cases,
the presiding judge shall, at the com
mencement OF any term, call the docket
Of all cases really Tor trial, when the
plaintiff shall los required 10 demsnd Or
waive n jnry In the trial OF his case. aud
II the Jury be waived by the plaintiff,
the defendant shall be required 10 De
mand or valve the jury ia such trial,
aud when a Jury Is waived BY both paf-
ties. the cause shall be set down 10 be
tried by the court after the dismissal Of
the jury panel.
Provided, That In cass th9 attorney Of
either party shall not Ds present on ths
first day Ut the term. the case shall not
be set dOwn iOr trial OF his client called
ON to decide whether he desifes n Jury
trial until IA notice In writing has been
sci we'd upOn him by mail or other wiss,
that the other party has consented 10
waive the Jury, and hg shall be given
time enough 10 prepare the necessary
affidavit or papers on behalf Uf his
client or TO be heard ~ ~ whether his
client will waive the jury. such time 10
be fixed by the Judge ~ his discretion.
Sec. gin oil civil cases the fees OF
the jury actually engaged in the trial
of the cause, except IA otherwise herein
provided, shall he taxed as a part Of tue
costs in the case against the party
losing the same, anu whenever either
party shall, upon the calling OF the
docket, demand "a jury for the trial Of
any civil case, the party 40 demanding
the same. shall be required TO deposit
the sum OF 1874 with the clerk OF
The court TO cover tho fees VI thu jury
employed Ia the trial Of su'h ciuse, on
the day before same II set for trial, and
ga additional, for each gub4t queBt des
such Jury shall be engaged IN the trial
Of said cause, shall b. deposited upon the
commencement OF court upon tho morn
ing Of each day 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 of the jury during the term Of
such court, than II shall not be necessary
Tor the parties to civil actions TO deposit
funds for that purpose ~ provided for in
section q. OF this act, but, IN such event.
the jurs In the trial Of oil such causes,
civil A. vel az crimirNl, shall be paid
out OF such court fuut: aud the court
shall, in t. discretion, decide whether or
not the court funds are sufficient for the
trial Of all causes during the term and
whether or not parties demanding juries
shalt deposit funds 10 pay expenses OF
same In sueh trials.
Sac. 3. Whenever the jury tses nre al
yanced in the trial OF a cause, AZ In sec
tion 2 OF this act provided, the amount st
advanced shall be- paid TO the jury trying
tie cause aud shall be deducted from the
amount per diem that the jury wonlt
otherwise receive; and the patty having
1 aAN lhfNf NNlfl EANaN WI AfFfs Nllhli ftNflNt
fenm tie clerk n receipt for the same. ant
Judgment shall be given against the uu'
successtul party, except nhen such part.
l8s paid such costs. for the amount y,
advanced. and the anne shall be collecte,
~ other coats In the case.
Sac. 4. Whenever n party demandln,
A jury In the trial of any civil action II
any Of the district courts OF the t%erritor,
luf New Mexico shall fail upon being =
ordered by the court. to advance the jur
tees required by this act, or any par
thereof, such party shall DO deemed I
have waived u jury In the trial Of sue
cause. aud the casa shall tNcn beset dow
to be tried by the court ~ other case
wherein "a jury has been waived.
Sec. .. When either party TO a civi
action In any Of the district courts Q
New Mexico, shall after the same Is a
issue, demand a jury in the trial OF sue
case and pay TO the clerk OF such coui
the Jury fees required by this act, sue
party shall have the right TO "A speed
trial OF such cause In the order OF sue
G ,ses, at the time set down for trial upo
the dockets OF said courts. Provided. tina
the provisions OF this act shall not nppl
to either the plaintiff or defendant /
lny civil suit, who will make an ailiia
= Wit and file the same in h cause that h
IL by reason Of poverty unable to deposl
, the amount of money herein required I
!. be deposited for the purpose OF obtainin
: a Jury trial, and such persons shall /
l entitled to the free process aud free jur
!: trial in such cause Of the district court
!. a. now provided by law.