The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1907-03-13
HOUSE BILL NO. 1856.
Act "To Define Terms of Court,
and for Other Purposes"

introduced by Elmer E. Studley, on
Marc 1. 1907; read first and second
times by title. ordered translated
and printed and referred to Com
mittee on Judiciary
BE 1T ENACTED BY THE LEGIS-
LATIVE ASSEMBLY OF THE
TERRITORY OF NEW MEXICO:
Section 1. The words term of
court" or terms of court wherever
used il existing statutes, and stat
utes hereafter enacted, shall be held
to the periods of time the court
is in session for h purpose of hear
ing causes triab1e by jury and the dis
position of such aus after trial,
and upon the conclusion of the bust
ness requiring such ria and the dis
position of matters arising out of them
the court shall adjourn such term, de-
signaling n term, as the term of
cour held for the purposes of jury
trials. But nothing in this section
shall be construed to prohibit the
judge from hearing or determining
any cause to the same extent as he
might so do in term time.
Sec. 2. Subsection 1873 of Section
1855 of the Compiled Laws of 1897
be n the same is hereby amended
TO read as follows:
All motions for new trials in cas-
es tried by juries shall be file within
ten days after the rendition of the
verdict or findings therein. Every
such motion shall be argued or sub
mitted within thirty days after rendi-
ton of the verdict OF findings asked
to be set aside. The court may. how
ever, for good cause shown, extend
the time for filing and hearing of
such motions, but the order of extern
sion shall be entered on the records
of the court, and such extension shall
not extend the hearing upon such mo-
ton n determination of said mo-
ton for a longer period than sixty
days after rendition of verdict or find
ings, and if not determined within
that time the motion shall be taken
and considered as denied, without
any order overruling the same.
In all jury cases upon the trial, of
which an official s~tenographer re-
ports the proceedings of the trial it
shall no be necessary to specify par
ticularly rulings upon evidence and
instructions to the jury, and other
matters occurring upon the trial, but
- oAA1AA az " oIlCSC liz
grounds of the motion generally and
refer to the ste~nographer's notes or
transcript and the record of the cause
on the hearing of the motion, in order
to make it more specific.
Sec. g. Section two CD of Chap
ter 116 of the acts of 1905, entitled
An Act to define the qualifications
and regulate the drawing of jurors,
approved March 16, 1905" is hereby
amended as follows:
By striking out the words mo dis
or" occurring in lines ten
G0) n eleven Old of said section.
Sec. 4. The last mentioned act is
also amended by the enactment of
the following.
1T shall not be necessary for the
district judge to cause the selection
of additional names to be placed in
the jury boxes as provided in Section
20 of said Act in every ear unless
number of names remaining in
box is not less han one-half of
those originally placed therein when
last selection of names was made
under said act, for the purpose of be-
ing placed in said box, unless he shall
deem that the public interest shall
require it. In such case he shall
cause such additional number of new
names to be selected at any term of
court as he may deem necessary
and proper to insure h proper work
ing of the jury system created by
said act
Sec. s.. The names selected by the
jury commissioners required to select
names to be put in the jury boy I'M
der the provisions of said act of 1905,
shall be taken from each and every
precinct in the county in proportion
the number of registered voters
of said several precincts; and the
commissioners appointed to select
names shall conform to and com
ply with this provision as near as
practicable. and when they have dis
regarded said provision, any person
interested in the trial of any aus
may upon making a showing to the
court cause said selection made by
said commissioners to be set aside
and the court shall ~thereupon require
the commissioners to AID
comply with the provisions of the law
may appoint new jury commission
ers in order that it may be complied
with.
Sec. s.. The court in all civil cases.
whether legal or equitable tried with
out q jury, shall make findings of fact
findings of fact or law. when ask
ed for by the parties, shall be stated
from each other aad from
the decree n judgment rendered in
said cause, All findings of fact made
n court in equity cases OF upon
equitable relief is based, shall
subject to be modified, revised,
changed, annulled or reviewed by the
supreme court, unless sustained by
the preponderance of the evidence in
opinion of the supreme court
Sec. z. All laws and parts of laws
in conflict herewith are hereby re-
pealed: and this act snail take effect
and be in force from and after its
passage.
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