Albuquerque evening herald. [volume] (Albuquerque, New Mexico) 1911-1914, 1912-05-16


their respective counties 70 act nu ex-
aiming and committing MAGISTRATES "a
criminal cases where other and fur
thor Jurisdiction has not been me-
ouired under this Act
Sec. 3. eaid probate courts shall
have jurisdiction co-extenaige With
their respective counties for the trial
Of mindemcanors IN which the pun
iahinent cannot be imprisonment In
the penltentiary or IN which tho fine
cannot DO ia excess Of one thousand
dollars
Soc. 4. Not more than thirty days
prior o. any Jury term Of the probate
court the probate judge, with the
assistance or the county clerk. In the
presence OF such citizens az shall de-
pire 20 be present. shall draw from
the wheel or box provided BY law for
the drawing OF Jurors 90 serve In the
district court n sufficient number OF
names from which 20 constitute the
trial lusy az such term OF court. the
panel Of such Jury for such term 30
consist OF not more than twelve fur-
ora. ana q veAire shall then be issued
70 the sheriff directing him TO sum-
WAWAA@ W A8|H"WNF| MNNNHN NAHNN" nav"
been - drawn 10 appear on any day
or the next term o. said court which
the Judge shall designate: aud for
the purpose 81 facilitating the draw
ing Of such Jury the said Jury wheel
or box. provided by law as aforesaid.
shall be kept az the county seat or the
county FOR which it has been provided.
and the probate judge shall he en-
L.. -. fs4 81 -.
dillon 20 the key now by law eutrust-
cd 70 the judge OF the district court
III sufficient aumhcr 81 qualified
Jurors shall not appear on the day
designated by the Judge during the
term TO complete tho panel, or II nj
any time during the term the panel
shall be exhausted. additional tales
men 60 complete such panel or to
complete che jury to try any partlcu-
lar case shall be drawn from said
jury box, In tho Same manner herein
before provided for drawing the reg
ular panel. and as provided hy law
for the drawing of such additional
talesmen IN the same manner and
under the same restrictions as IN the
district court. Regular jury terms
OF said probate courts shall be only
at the March, July and November
terms. unless the judge shall BY order
duly entered 81 record. designate one
or moro OF the other terms Of the
court as jury terms. A jury 20 Try
causes IN the probate court shall con-
slst Of six men and the selection OF
jurors by litiEants shall be governed
hy tho same laws and regulations
which are applicable In the district
eourta Jurors shall receive compen.
sntion at the rate OF one dollar and
fifty cents per day, and mileage not
to exceed ten cents per mile. one way.
Upon a stipulation by the parties 20
any civil action and the advance OF
at least one days pay for the jurors
by the party demanding a jury. the
probate Judge may cause a JUICY 70
be summoned by the sheriff la the
manner now provided for the sum-
moning of 1urles in courts OF Justices
Of the peace. and the caHsa may pro-
coed 70 trial. whether ia term time
or not. All surovs serving in the proc
bate courts shall possess the same
qualifications as are provided by law
for jurors to serve In the district
courts.
Sec. o. The board OF county com
civil and criminal Jurisdiction may
be exercised by tho probate courts
shall provide BY a levy OF taxes a sui
ficlent probate or county court fund
FOR the carrying on Of the court busl-
ness. provided said levy may be in
creased or diminished from TIME TO
time al the business Of said court may
demand
Sec. g. The procedure so far asI
applicable shall be the same In the
probate as IN the district courts.
Sec. z. Whenever any judge OF the
probate court is disqualified 20 try
any civil or criminal cause pending
In such court. Il shall be his duty. on
motion OF any party 20 the cause. or
on hts own motion by an order en-
tered Of record. 10 remove such cause
40 the district court OF his county for
trial.
Sec. 8. Regular terms OF the pro-
bate courts OF said counties shall be
and remain the same as now provided
BY Jaw, except that said courts shall
continue IN session in regular torn
so long az the business thereof may
require Provided said courts shalt
be open az ali times for the filing OF
suits and for the consideration OF such
other matters and business as may be
authorized by law.
See. 3. The court fees charged liti-
ganls having baslness before tho pro-
hate courts shall be the anEao as mas
be lawful IN like cases Ia tho district
courts. The payment Of all such fees