Albuquerque morning journal., 1910-07-27


complaint or for the adverse party
and " the court finds the petitioner
guilty OF any Of the wrongs. Injuries
or trespasses complained OF against
him In said statement such damages
shall be assessed against the said pc
titioner as the law and the facts may
require. In the same manner as
though said cause had been Instituted
by the filing Of said statement as a
complaint
I'm event said party complained
of In said petition, after being duly
served with such summons. shall ran
or refuse to appear or file his SAID
statement as required herein, judg-
ment shall be rendered by deiauit
against him and in favor OF the peti-
TONER as In other cases, and there
upon the court shall try and deter
mine the issues raised by such peu-
ton, including the question as TO
whether or not the petitioner Is liable
TO said party on account of any OF the
matters or things stated In said peti-
tlon In any sum Of money whatsoever,
and, II so. In what amount, and finai
judgment shall be rendered in ac-
oordance with the facts and the law,
and such judgmnt as the court may
render shall be final and conclusive
upon the question of the liability or
non-ilability of said petitioner to
said party, and Of the amount Of the
liability.
Sec. 9 It shall be unlawful for
any person 10 institute, carry on, or
maintain any suit for the recovery OF
any such damages In any other state
or territory, and upon II being made
TO appear to the court In which any
proceeding has been instituted In this
territory, as herein provided, that
any such suit has also been COM
menced, or is being maintained In
any other state or territory contrary
TO the intent OF this act, It shall be
the duty OF the court 10 set down Tor
hearing and try and determine the
proceeding so pending In this territory
as expeditiously as possible upon such
short notice to the other party thereto
or his attorneys as the court may di-
rect and for the purpose OF trying
the same said court shall have the
power to compel the parties thereto
to plead or answer on such short day
as 1t may determine; and In event the
same IL trlablo by jury II shall be the
duty OF the court, upon motion, TO
change the venue thereof to such
county In said district as In the opin-
ion OF the court will afford an OPP
portunlty for the most speedy hear
ing: but in event such action Is not
triable by Jury, then the court shall
Immediately proceed to try and de-
termine the same. giving such reason
able notice as II may determine to
the parties or their attorneys. AT any
place in the territory which the
court may designate, and witnesses
may be compelled by subpoena to
attend such place personally, from
any part OF the territory, and TESTIFY
as at present. at such time and place,
The institution of any such suit in
any other state or territory shall be
construed by the court ms waiver
upon the part OF the party so insti-
tuting the same OF the right Of trial
by jury In the case pending In. the
courts OF this territory.
,
'oo' y ""'''Nvi
r'lAu" !" "ppe"i " ~,
" eniS 'e,,'oiy ,. 10 ,ss . 49,. 49,,
"'noh pe.i''o,'oi VI p'''i
any petition filed under section 3
hereof. or by q supplemental petit
tion. or by an original complaint
i'ieu ior .n"s pu'pos,, '''l' $3.50
OF p'hh,'il iears OF mas so'u ,e"so" '
10 ieHr 'n"' ~, o''',i po's'', ,..,,,' =
enihs UT Vo"'eihp'"Nns
sun 'n some otner s'o'e ol ','''o'
TO recover uarn@seS us"'ns' po'''''''o'
or pla'huii TOT persohni INJURIES III
ilicted or ueath oauseu ~ 'nis ,e'.i-
tory or 'het ne mas alreauy i"su-
tu,ed ana Is theil iha'n'i'i''ns SUI" /"
SUIT II shall DE the uu'E o' me ''u'"
upon sueh oohu ~ 'he court may 'V
quire being gwen to issue us lhJuho-
ton pehaente NE restraining suoh
party from ihstitut'hs OF ma'h.''''ihk
such suit In any court sittins IN any
other state or territory anu AZ the
final hearing II such iacts are FOUND
by the court TO De true, the court
ehah make such injunction peIpet-
uadl aud az the tinal nearing IN All
cases Instituted under the provisions
Of section hereof the party COM
plained OF In the peuu"n shnh be
perpetually enjoined from turther in
kR MA "A a