Albuquerque morning journal., 1910-11-30


scrihed hy law
Sec. iO. After the publication of
the census Of the United states ~
the year nineteen hundred and TWEEN
~. Tho legislature shall have power
10 Increase the number of Justices or
the supreme court 20 five. provided
however. that no more than two or
said justices shall be elected at ono
time except 60 fill vacancy
Sec II. The justices Of the SUI
prelne court shall each receive az an
nual salary OF six Thousand dollars
payable quarterly hy the state
Sec l2 The state shall be divided
into eight judicial disirieta. and
iudre shall he chosen for each district
by the qualified electors thereof az
the election for representative IN
congress. The terms Of office OF the
district judges shau be xix years.
sec. is. The district court shan
have original Jurisdiction In al mat
sers ana causes not excepted in this
constitution, and such jurisdiction ~
special cases and proceedings ~
may be conferred bs law. and appel
late Jurisdiction Of an cases originat-
fnr In inferior courts and tribunals IN
their respective districts, and super
visory control over the same fhe
district courts. or any Judge thereof
shall have the power 10 issue writs OF
habeas. corpus mandamus Injunction
quo warranto, certiorari, prohibition
and all other writs remedial or other
wise In the exercise OF their iurisdlc-
ti0n; provided that no such writs
shall issue directed 90 judges or courts
Of equal or superior Jurisdiction The
district courts shall also have the
power Of naturalization in accordance
with the laws OF the United states
Until otherwise provided by iaw' al
least two terms of the district court
shnlr be held annually In each eoun-
IS, at the county seat
Sec. l4 The qualifications of tho
district Judges shall be the same as
those of Justices OF the supreme court
Each district judge shall reside in The
district for which he was elected.
See. rs Any district judge mas
hold district court Ia any county at
the request OF the Judge Of such dis
trict
whenever the public business may
require. the chief Justice of the SUI
preme court shall designate any dts
trict Judge OF the state to hold court
in any district. and two or more DIS
trict Judges may sit In any district |
or county separately az the same time
II any judge shall be disqualified from
hearing any cause In the district. the
parties 20 such cause. or their attor-
neys Of record. may select some mem
ber OF the bar 90 hear and determine |
said cause. and act rs judge pro tenn
pore therein.
sec. is The legislature may IN
crease the number Of district Judges |
in any judicial district, and they |
shall be elected as other district |
judges. At its first session after the |
of the census of the Unit |
ed states In the year nineteen hun |
dred and twenty. and AZ the first ses-
sion after each United states census |
the legislature may rear !
range the districts Of the state. in
crease the number thereof. and make |
provision for q district judge for any
additional district
Sec. II. Each Judge Of the district |
court shall receive an annual salary
OF four thousand five hundred dollars
payable quarterly by the state.
Sec, lS. No Judge Of any court nor
justice Of the peace shalt, except by
consent of an parties, sit In the trial
uf any case In which either Of the
parties shall he related 70 him hy af-
finity or consnnguinity within the de-
gree Of first cousin or IN which he
was counsel, or in the triai Of which
he presided IN any inferior court, or
in which he has an interest
Sec. 10. No judge of the supreme
or district courts shall be nominated
or elected 20 any other than a judicial
office in this state.
Sec. 20 An writs and processes
shall issue, and all prosecution shall
be conducted in the name of ''rhe
state OF New Mexico m
Sec "a. Justices of the supreme
court IN the state, district Judges a.
their respective districts and Justices
of ihc peace IN their respective coun-
ies shall be Conservators of the
pmfc. District judges and justices
af the peace may hold preliminary
examinations IN criminal cases
Sec. 22 Uutl otherwise provided
BY law d county clerk SHAH be elected
ia ench county who shall, tn the coun
~ for which he is elected, perform
an the duties now performed by the
clerks Of the district courts and clerks
OF the probate courts.
Sec "a A probate court is hereby
established Tor each county, which
shall be court OF record. and, until
otherwise provided by law. shall have
the same jurisdiction as is now cXcr-
sised hy tho probate courts Of the
territory of New Mexico The lcTis
laturc shall have power from time %
time 10 confer upon the probate court
IN any county Ia this state general
civil and criminal jurisdiction co.
extensive with the county. provided
however. that such court shaft not
have jurisdiction in civil causes lu
which the matter Ia controversy shall
exceed in value ono thousand dollars,
exclusive OF interest. nor IN any ac-
tion for malicious prosecution. divorce
and alinluuy slauder and hpci nor
in any action against officers for mis-
conduct in office, nor in any action
for the specific performance of com
tracts FOR the sale of real estate, nor
in any action FOR the possession OF
hand, nor in any Meter wherein the
title or boundaries uf land may be In
dispute or drawn tn question: nor TO
grant writs or iniunctons hahcns cor
pus or cxtraordiuHry Wriis, nor In
criminal ctsss other ghHu as uXamin-
ing and cummittiue magistrates and
iu trials of mifdemcanors in which
the punishment cannot be tmnrison-
ment in the pcnltontinry or m which
the frg cannot be- in excess of one
thousand dollars a jury fer the trial
of such eases shall consist of six men.
ANY civil ur criminal etsc pending
in tho probate count. in which the
probate judge is disqualified shaN Dee
transferred 90 The district court of the
same county Tor trial
Sec. e. There shall De- "a district
attorug, Tor each judicial district. WHO
ga n