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any proceeding in a district court except such as shall have been expressly decided in that court: Provided, That no exception will be required to be reserved in the trial of equity cases or cases before the court in which a jury has been waived.
Sec. 38. Decision on Face of Record--The supreme court in appeals or writs of error shall examine the record, and on the facts therein contained alone shall award a new trial, reverse or affirm the judgment of the district court, or give such other judgment as to it shall seem agreeable to law, and said supreme court shall not decline to pass on any question of law or fact which may appear in any record either upon the face of the record or in the bill of exceptions because the cause was tried by the court, or judge thereof, without a jury, but shall review said cause in the same manner and to the same extent as if it had been tried by a jury. Sec. 39. Court May Award Damages to Appellee.-Upon
.— the affirmation of any judgment or decision the supreme court may award to the appellee, or defendant in error, such damages, not exceeding ten per cent of the judgment complained of, as may be just.
Sec. 40. Court May Award Execution or Remit Record.The supreme court, on the determination of the cause in appeal of error may award execution to carry the same into effect, or may remit the record with its decision to the district court from which the cause came, and such determination shall be carried into execution by such district court. · And when any writ of execution is suedout of the supreme court of this Territory shall be placed in the hands of any officer for levy or collection and such officer shall fail to find any property whereof the same may be made or satisfied, such officer shall notify all persons who may be indebted to the defendant named in said writ, not to pay said defendant, but to appear before the district court from which said cause was originally taken by appeal or writ of error to said supreme court, and in said district court make true answer on oath concerning his indebtedness; and thereupon the like proceedings shall be had in such district court as in case of garnishees summond in suits originating by attachment in said district courts.
Sec. 41. Judgment Against Sureties.-If the judgment of the appellant court be against the appellant or plaintiff in error it shall be rendered against him and his sureties in the appeal bond.
Sec. 42. Supreme Court May File Opinion in Vacation.Cases which are argued or submitted in the supreme court during any term or session thereof, may be decided in vacation by a judgment in writing filed by the judges thereof, or any four thereof and thereupon the clerk shall enter such judgment nunc pro tunc as of the terms at which such cases were argued and submitted.
Sec. 43. Supreme Court Shall Make Rules. The supreme court shall make rules for the government of the practice in writs of error and appeals which rules shall not conflict with any laws in force in this Territory.
Sec. 44. Clerk Shall Print Calendar.–The clerk of the supreme court shall, not less than five nor more than ten days before the first day of each term of said court, make and cause to be printed a calendar of the cases pending in said co
and such cases shall be heard in the order in which they appear in said calendar, as far as practicable, the expense of printing such calendar to be paid by the Territory, upon an order of said court allowing and approving the same.
Sec. 45. What Calendar Shall Show.-Said calendar shall show the day upon which each case is set for hearing and shall also show in a separate list the cases set for each day of the term, and said clerk is hereby authorized and directed to set for hearing on some particular day each case pending in said court, unless otherwise directed by counsel for both of the opposing parties; and the setting of such cases for hearing shall be in the order in which such cases have been docketed in said supreme court.
APPEALS IN CRIMINAL CASES. Sec. 46. Appellate Procedure in Criminal Cases—How Governed. The procedure on appeals in criminal cases shall be governed by the procedure on appeals in civil cases subject to the provisions of the next succeeding 13 Sections.
Sec. 47. Appeals Allowed in Criminal Cases.-In all cases of final judgment rendered upon any indictment, an appeal to the supreme court shall be allowed if applied for during the term at which said judgment is rendered
Sec. 48. Appeals by Territory.- The Territory shall be allowed an appeal in criminal cases, only in the cases and under the circumstances mentioned in Section 50 of this act.
Sec. 49. Suspension of Sentence-- When.-If the defend. ant, in the judgment so ordered to be stayed, shall be in custody, it shall be the duty of the sheriff to keep the defend ant in custody without executing the sentence which may have been passed, to abide such judgment as may be rendered upon appeal.
Sec. 50. New Indictment or Appeal. —When any indictment is quashed or judged insufficient on demurrer, or judg. ment is arrested, the district court may cause the defendant to be committed or recognized to answer another indictment, or an appeal to the supreme court shall be granted, if the prosecuting attorney desire it.
Sec. 51. Defendant to be Committed or Recognized.- If an appeal be granted, the district court shall order the defendant to be committed or recognized and the committment or recognizance shall be to the same effect as when the defendant himself is appellant.
Sec. 52. Transcript of Record and Bill of Exceptions.The transcript of record and bill of exceptions in criminal cases shall be prepared and tiled in the same manner as under the provisions of this act is prescribed for preparing and filing the same in civil causes, except that the same need not be printed and in no case shall the costs for the same be taxed against the Territory. The district attorneys shall act for
. the Territory in the matter of preparing and filing such transcripts and in settling bills of exception in criminal cases.
Sec. 53. Clerk to Furnish List of Criminal Appeal Cases. -It shall be the duty of each clerk of a district court, on the adjournment of every term, to make a list of the criminal cases in which appeal has been allowed to the supreme court, and transmit the same to the clerk of said court with a statement whether the defendant has given bond or not; and in all cases where the defendant has not perfected his appeal by filing bill of exceptions in the clerk's office as provided by law, said clerk of the district court shall make and certify to the clerk of the supreme court a copy of the record proper as it remains in his office, showing the indictment, plea, verdict, judgment and allowance of appeal, which record shall be sent to the clerk of the supreme court at least five days before the time fixed by law for the meeting of said supreme court.
And any failure on the part of any clerk of a district court to comply with the provisions of this act shall constitute a failure of his duty in office, and the supreme court shall impose a fine upon such delinquent district clerk of not less than ten dollars ($10.00) for each and every case so failed to be reported by him in accordance with the provisions of this act.
Sec. 54. No Assignment or Error Required in Criminal Cases.- No assignment of error cr joinder in error upon any appeal in any criminal case shall be required.
Sec. 55. Execution or New Trial to be Ordered by Supreme Court. - When an appeal is taken by the party indicted, if the supreme court affirm the judgment of the district court it shall direct the sentence pronounced to be executed, and the same shall be executed accordingly; if the judgment be reversed, the supreme court shall direct a new
trial or that the defendant be absolutely discharged, according to the circumstances of the case.
Sec. 56. Appeals by Territory-Procedure by Supreme Court.-When the appeal has been taken by the Territory, if the judgment of the district court be affirmed, the party shall be discharged; if reversed, the supreme court shall direct the district court to enter up judgment on the verdict rendered; or, when no judgment has been rendered, to proceed to trial on the indictment.
Sec. 57. Procedure-When New Trial Granted.—The district court to which any criminal cause shall be remanded for new trial shall proceed thereon in the same manner as if said cause had not been theretofore tried.
Sec. 58. All Appeals in Criminal Cases Shall Stay Execution.-All appeals in criminal cases shall have the effect of a stay of execution of the sentence of the court until the deci. sion of the supreme court upon said appeal. And whenever the sentence of the district court shall be that of death or imprisonment for life, the party convicted shall remain in close confinement until the decision of the supreme court shall be pronounced upon appeal; and in all other cases of appeal the party taking the appeal shall be entitled to give bail by filing a bond in a sum and with conditions to be fixed by the district court sufficient to secure the due execution of the sentence of the court in case the judgment of the court be affirmed by the supreme court.
Sec. 59. Record of Lower Court Need Not be Printed.No appellant in any criminal case removed to the supreme court of the Territory for review shall be required to print the record nor any part thereof, but copies thereof shall be filed by appellant or plaintiff in error as is civil causes where the record is not required to be printed.
Sec. 60. Repeal Section.-Sections 885, 887, 888, 889, 894, 895, 896, 897, 897-A, 898, 999, 3136, 3137, 3138, 3139, 3140, 3141, 3142, 3143, 3144, 3145, 3146, 3147, 3406, 3407, 3408, 3409, 3410, 3411, 3412, 3413, 3414, 3415, 3416, 3417, 3418, 3419, 3420, 3421, and Sub-Sections 161 to 171 inclusive of Section 2685, of the Compiled Laws of 1897; Chapter 32 of the Session Laws of 1899, and Sections 1, 2, 3, 4 and 5 of Chapter 75 of the Laws of of 1899, and Sections 1, 2, 3, and 4 of Chapter 114 of the Sessions laws of 1905, and all other acts or parts of acts relating to the procedure of appeals from the district courts to the supreme court, and all acts or parts of acts in conflict herewith are hereby repealed, and this act shall be in full force and effect from and after its passage.
AN ACT AMENDING SECTION 2 OF CHAPTER 116 OF THE LAWS
OF 1905, RELATIVE TO EXEMPTIONS FROM JURY SERVICE.
Amending Section 2 of Chapter 116, Laws of 1905. Be it enacted by the Legislative Assembly of the Territory of New
Mexico: Section 1. That Section 2 of Chapter 116 of the Session Laws of 1905, be and the same is hereby amended, by adding after the word "physicians” in the seventh line thereof the words "dentists and prescription druggists engaged in actual practice.'
Sec. 2. All acts and parts of acts in conflict herewith are hereby repealed, and this act shall be in full force and effect. from and after its passage.
AN ACT TO AMEND SECTION 2402, SUB-SECTION 18, OF THE
COMPILED LAWS OF 1897. A. H. B. No. 83; Approved March 19, 1907.
Sec. 1. Amending Section 2402, Sub-Section 18, Compiled Laws of 1897.
Mexico : Section 1. That Section 2402, at Sub-Section 18, be and the same is hereby amended by adding to said Sub Section, at the end thereof the following words: “Provided, further, That no city council, or board of trustees in towns, in exercising its right to grant licenses, regulate or prohibit the selling or giving away of any of the liquors mentioned in this section, shall have the power to discriminate between persons of like or similar character engaged in the same class of business in favor of one as against another, nor to discriminate between places, locations or buildings in favor of one as against another, which are situated in the same business district in such city or town; and; Provided, further,