Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1900-01-26
CREATING COUNTY COURTS.
Bill introduced to Ratify the Provision for
County Judges.

has introduced the following bin in the
house of representatives:
A bill to ratify an act of the legisla-
tive assembly of the territory of New
Mexico.
Be it enacted by the senate and house
of representatives of the United States
of America in congress assembled, that
an act of the thirtieth legislative assem-
bly, of the territory of New Mexico, en-
titled IAN act to create "a county court, =
and approved February %, 1898, is here
by ratified, approved and in all respects
confirmed, said act being in words and
figures following, to-wit:
"Sec. /. That in each county in the
territory of New Mexico having a coun-
ty seat containing a population of 1000
or more there shall be, and is hereby,
created a county court, the judge of
which shall be a person learned in the
law.
"sec. 9. That said court shall have a
seal and be a court of record, and may,
in the discretion of the judge, have a
clerk, whose compensation shall be paid
by the judge.
Sec. 3. Said court shall have exclu-
sive Jurisdiction in all civil causes In the
county, except I'M cases OF chancery,
where the matter in dispute, exclusive
of costs exceeds the sum of 500 and
does not exceed $500.
"Sec. 4. Said court shall have concur
rent Jurisdiction with all Justices of the
peace in said county in all civil suits
which are within the jurisdiction OF
such justices as now established by law,
and within the limits of the precinct,
town or city where said court is located
shall also have concurrent jurisdiction
with justices of the peace in criminal
cases.
"Sec. 5. Any party to any cause with
in the jurisdiction of said county court
which may be on the docket of the dis
trict court in said county at the time
this act goes into effect, upon applica-
ton to the district court, may have such
cause transferred to said county court
upon payment to the clerk of the dis
trict court of his fees for a certified
transcript of the record entries in such
cause; and 1t shall be the duty of the
district clerk ito transmit forthwith to
said county court the said transcript
and all papers pertaining to the case,
together With a statement OF all costs
which have accrued therein.
"Sec. 6. The judge OF said county
court shall receive as his compensation
the same fees allowed by law for the
services of clerks of the district courts:
Provided, however, that he shall receive
no compensation from the territorial
treasury or from any county except for
fees earned in civil cases to which the
territory or a county is a party, and for
fees earned in criminal cases in which
the fees shall be allowed and paid as
are or may be allowed and paid to JUS
tees of the peace in like cases.
"Sec. Z. Should either party to a suit
in said court demand that the evidence
be preserved, a s~tenographer may be
employed by the court at the expense
of said party. who shall forthwith de-
posit with the court a sum of money
sufficient to pay the s~tenographer for
his services at the rate of IS per diem,
and such compensation Shall be taxed
as costs in the case. Such stenographer
shall take oath faithfully and truly to
record and transcribe such evidence and
the proceedings on the trial of the case,
and the notes taken by him shall be
filed with the papers in the case. Tran
scripts of the notes 30 taken shall be
furnished by the stenographer to any
party at a charge not exceeding Ii
cents per folio of 100 words.
Sec. s. In any case triable by jury.
upon the demand of any party, a jury
may be summoned to try the case. Tie
qualifications of jurors shall be the
same as Of jurors in the district courts,
and they shall be paid 81 per day for
their services. Their compensation shall
be paid in advance by the party de-
handing a jury, and shall be taxed as
costs in the case. They shall be sum-
moned upon venhres issued by the court
to the sheriff, and shall be examined
and sworn in the district courts, and
each side may have three %perenptory
challenges. Only those Jurors actually
sworn to try the case shall receive COM
pensation, unless they are summoned
from a distance Of more than three
miles from the court house.
"sec. Q. Appeals may be taken to said