El Nuevo mexicano., 1919-01-30

copy upon cOunSei TOT tue pihiuttf
and ~reiator, and il the demurrer (
~lsustained, plaintiff and relator vii
be given twenty four hours toameni
the complaint and IL 1t IS overrulet
then the defendant shall have a like
time to file answer, provided the
upon good cause shown, the cour
may extend Ito either party more
than four days, The issue as finally
made shall stand for trial at the
same term; and no continuance o.
any such cause shall be granted
upon the defendants application un
less he shall show the absence Of
witness of other testimony and they
shall be deemed material by the
court. The plaintiff or relator may
traverse or offer counter-evidence
to the facts set forth In such appli
cation for continuance.
Sec. 8. In every case such judg-
ment shall be rendered upon the
right of the defendant and also upon
the right of the party alleged to be
entitled, or only upon the right Of
the defendant, as justice may re-
quire. When the action shall not
be terminated during the term of
the office in controversy 1t may
Notwithstanding be prosecuted 70
completion and Judgment rendered,
which shall determine the right
which any party had to the office,
and to the fees and emoluments
thereof.
Sec. 10. II the Judgment be rend-
cred in favor Of the person so al
legged to be entitled to the office, it
Shall provide that upon his qualifi-
cation as required by law, he shall
Immediately thereafter demand Of
the defendant in the action all the
books papers and insignia of the Of
flee in his custody and control and
that the defendant shall comply
Herewith by turning e to him all
said books, papers and insignia CT
the office. II the defendant fails or
in anywise refuses to comply with
said demand, the plaintiff or relator
may have an order signed in said
proceeding citing the defendant as
for contempt and directing him to
show cause why he should not be
punished therefor and If upon the
hearing it be shown that the defend
ant was guilty OF disobeying such on
der, the court shall impose a fine
Of not less than one hundred t$100A
and not more than one
thousand ($1000) dollars, or not less
han thirty 500 days nor more than
ninety 600 days in the county jail,
Dr. both fine and Imprisonment with
the limits stated. In addition tot
he foregoing such proceedings may
be had as r provided for by law
% compel the delivery OF such pa
Ders, books, and insignia Of such
,ffice. sa
Sec. IL. The prevailing party in
Iuch proceedings may recover his
from his opponent, provided
hat no costs shall be taxable against
he state nor the attorney general
when acting as relator, but such
shall be taxable against and1
'ecovered from a private ~relator
whenever the judgment is for the
defendant.
Sec. 12.When the Judgment is for
he person so alleged to be entitled
o the office, he may have included
herein a money Judgment against
he defendant and the surety or SUI
on his bond, If furnished as in
lection 6 provided, for all fees and
monuments collected by him during
he term involved in such case with
interest thereon at SIX per cent per
mum; or he may recover by sepJ.
rate action the damages which he
hall have sustained by reason OF
he usurpation by the defendant Of
be office from which by virtue
t said judgment said defendant has
cen excluded.
Sec. 10. When several persons
lain to be entitled to exercise the
ranchises of a corporation created
Y the authority of this state, one
ction may be brought against all
UGH persons in order to try their
espective grihts to such office OF
.anchises.
Sec. IA. When a defendant
gainst whom such action shall have
cen brought shall be adjudged gull
I or usurping or intruding into or
MIA wfuly holding OF exercising any /.
rfice, franchise, or privilege, 1udSt
Ient shall be rendered that such de-
,ndent be excluded from such Of
ce, franchise or privilege, and that
Ie plaintiff recover costs against
ich defendant. K