appeal or error, may award exécution to carry the same into effect, or may remit the accord, with their decision, to the circuit court from which the cause came, and such determination shall be carried into execution by such circuit court.

SEC. 18. The circuit courts in the several counties in which they may be held shall have power and jurisdiction as follows:

First. Of all criminal cases that shall not otherwise be provided for by law.

Second. Exclusive original jurisdiction in all civil cases which shall not be cognizable before the prefects and alcaldes.

Third. Appellate jurisdiction from the judgments and orders of the prefects and alcaldes in all cases not prohibited by law, and shall possess a superintending control over them.

SEC. 19. There shall be a prefect in each county in this territory, appointed by the governor, who shall hold his office for two years, and until his successor be appointed and qualified.

SEC. 20. Six terms of the prefects' courts shall be held in each county annually, commencing on the first Mondays of January, March, May, July, September, and November. Each prefect may hold adjourned terms of his court at any time that business may require it.

SEC. 21. The several prefects shall have exclusive original jurisdiction in all cases relative to the probate of last wills and testaments; the granting letters testamentary and of administration, and the repealing the same; the appointing and displacing guardians of orphans and of persons of unsound mind; to binding out apprentices; to settlement and allowance of accounts of executors, administrators, and guardians; to hear and determine all controversies respecting wills, the right of executorship and administration of guardianship, respecting the duties or accounts of executors, administrators, and guardians, and all controversies between masters and those bound to them; to hear and determine all suits and proceedings instituted against executors or administrators, upon any demand against the estate of their testator or intestate: Provided, That when such demand shall exceed one hundred dollars, the claimant may sue either before the prefect or in the circuit court of the first place. The prefect shall have the superintendence of public roads in his county; may appoint overseers, and allot them hands for the purpose of establishing and repairing the same. He shall have the supervision of vagrants, and those who have no visible means of support, and may have them arrested and tried by a jury, and, in case of conviction, put to hard labor by binding them out or placing them on public works for not more than three months; he shall have appellate jurisdiction from the judgment of the alcaldes, when the amount in controversy or the value of the thing claimed does not exceed fifty dollars. Appeals shall be allowed from all judgments of the prefect of the circuit court: Provided, That all judgments in cases of appeals from the decision of the alcaldes shall be final and conclusive.

SEC. 22. Appeals from the judgment of the prefects shall be allowed to the circuit court in the same manner, and subject to the

same restrictions, as in cases of appeals from the circuit to the superior court.

SEC. 23. The governor shall appoint not more than five alcaldes in each county, who shall hold their offices for two years.

SEC. 24. Every alcalde shall have jurisdiction over the following actions:

First. All actions founded upon bonds, or other contracts, when balance due as damages claimed, exclusive of interest, shall not exceed ninety dollars.

Second. All actions of trespass, and of trespass on the case for injuries to persons, or real or personal property, when the damages claimed shall not exceed fifty dollars.

Third. To take and enter judgment on confession, when the amount confessed shall not exceed one hundred dollars; but no alcalde shall have jurisdiction of any action against an executor or administrator, or of any action of slander, malicious prosecution, or false imprisonment, nor of any action in which the title to lands or tenements shall come in question.

SEC. 25. Every alcade shall appoint a day in every month to return all summons by him issued, and every summons shall be made returnable on such day, except in cases where it is otherwise specially provided.

SEC. 26. In all cases not otherwise specially provided for, the process shall be a summons, and shall be directed to some constable of the county in which the alcalde who granted the same resides, except where it is specially otherwise provided; and it shall command the defendant to appear before the alcalde who issued the same, at the time and place to be named in the summons, not less than five nor more than thirty days from the date of the summons, to answer to the complaint of the plaintiff. All process. issued by alcaldes shall run in the name of the territory of New Mexico, and be dated on the day it issued, and shall be signed by the alcalde granting the same.

SEC. 27. Every summons shall be served at least three days before the day of the appearance therein mentioned, and may be executed either,

First. By reading the same to the defendant; or,

Second. By giving a copy thereof to the defendant; or,

Third. By leaving a copy of the summons at his usual place of abode, with some member of the family over the age of fifteen years; but in all cases where the defendant shall refuse to hear the summons read, or to receive a copy thereof, such refusal shall be a sufficient service of such writ.

SEC. 28. When both parties first appear before the alcalde on the return of the process, the alcalde shall, upon the application of the defendant, require of the plaintiff a brief verbal statement of the nature of his demand.

SEC. 29. The alcalde shall issue subpoenas in all cases for witnesses at the request of either party, which shall be served by the constable in like manner as a summons.

SEC..30. Every suit shall be determined at the return of the pro

cess duly served, unless the cause be adjourned. The alcalde, without the application or consent of either party, may, if it be necessary, adjourn a cause to his next law day.

SEC. 31. The alcalde, upon the application of either party, for good cause shown by the party applying, under oath, may adjourn a cause until his next law day.

SEC. 32. When both parties appear before the alcalde in person, or by agent, at the time appointed for the trial of the cause, the alcalde shall proceed to hear and determine the same according to equity and good conscience.

SEC. 33. Either party to any cause pending before an alcalde may, before the commencement of the investigation of its merits, demand that the same be tried by a jury, which jury shall consist of six persons.

SEC. 34. The alcalde shall issue a summons to some constable of the county wherein the cause is to be tried, commanding him to summon six good lawful men of the county, qualified to serve as jurors, to appear before such alcalde at the time and place to be named therein, to make a jury, for the trial of the action between the parties named therein.

SEC. 35. The constable shall execute such summons fairly and impartially, in the manner prescribed for executing a summons on the defendant; and if a sufficient number of competent jurors cannot be obtained from those returned, the constable shall immediately summon others to serve in their places.

SEC. 36. The alcalde shall administer an oath to each juror well and truly to try the matter in difference between the plaintiff and defendant, and, unless discharged by the alcalde, a true verdict to give according to the evidence.

SEC. 37. After the jury are sworn, they shall sit together and hear the testimony of the witnesses, which shall be delivered publicly in their presence.

SEC. 38. Every person offered as a witness, before any testimony shall be given by him, shall be duly sworn that the evidence he shall give relating to the matter in dispute between the plaintiff and defendant shall be the truth, the whole truth, and nothing but

the truth.

SEC: 39. When the jurors have agreed on their verdict they shall deliver the same to the alcalde publicly, who shall enter it upon

his docket.

SEC. 40. The alcalde, whenever he shall be satisfied that a jury, in any civil cause before him, after having been out a reasonable time, cannot agree on their verdict, he may discharge them, and shall issue a new jury summons, unless the parties consent that the alcalde may render judgment upon the evidence already before him; which, in such case, he may do.

SEC. 41. If the defendant, after being duly summoned, fail to appear at the time and place mentioned in the summons, the alcalde shall render judgment by default against him, and proceed to ascertain the amount due from the defendant to the plaintiff. If any witness fail to appear, unless good cause be shown, the alcalde

shall issue an attachment against him to compel his attendance, and may fine him, not exceeding five dollars, for the use of the county, for a contempt of court.

SEC. 42. If the plaintiff fail to appear before the alcalde at the time and place mentioned in the summons, the alcalde shall dismiss his suit and enter judgment for cost against him, unless his suit be founded upon bond or note; in which case, the cause shall proceed in the same manner and with the like effect as though the plaintiff was personally present.

SEC. 43. Appeals shall be allowed from judgments of alcaldes, when the debt or damages do not exceed fifty dollars, to the prefect: in all other cases, to the circuit court, in the same manner and subject to the same restrictions as in cases of appeals from the circuit to the superior court: Provided, That an appeal may be taken from the judgment of an alcalde within ten days after the rendition of the judgment.

Costs.

SEC. 1. In all civil actions or proceedings of any kind, the party prevailing shall recover his costs against the other party, except in those cases in which a different provision is made by law.

SEC. 2. In all actions founded on debt or other contract, if the plaintiff recover an amount which, exclusive of interest, is below the jurisdiction of the court, he shall receive judgment therein; but the costs shall be adjudged against him unless the plaintiff's claim, as established on the trial, shall be reduced by offsets below the jurisdiction of the court.

SEC. 3. When an appeal shall be taken from the judgment of a prefect or alcalde, against the appellant, the costs shall be adjudged as follows:

First. If the judgment be affirmed, or the appellee, on trial anew, shall recover as much or more than the amount of the judgment below, the appellant shall pay costs in both courts.

Second. If, on such trial, the judgment of the appellate court shall be in favor of the appellant, the appellee shall pay costs in

both courts.

Third. If the appellant shall, at any time before the appeal is perfected, tender to the appellee any part of the judgment, and he shall not accept it in satisfaction, and the appellee shall not recover more than the amount so tendered, he shall pay costs in the appellate court, but not in the court below.

Fourth. If no such tender be made, and the appellee recover any thing in the appellate court, the appellant shall pay costs in both courts.

SEC. 4. If such appeal shall be from a judgment in favor of the appellant, cost shall be adjudged as follows:

First. If, upon the trial anew, the appellant shall not recover more than the judgment below, he shall pay the costs of the appellate court.

Second. If he recover nothing, the costs shall be adjudged against him in both courts.

Third. If he recover more than the judgment below, he shall recover costs in both courts.

SEC. 5. In cases of appeals in civil suits, if the judgment of the appellate court be against the appellant, it shall be rendered against him and his securities in the appeal bond.

SEC. 6. When any demand shall be presented to the court of prefect for allowance against the estate of any decedent, if the demand be allowed, the estate shall pay the costs; if disallowed, the party presenting the demand shall pay the costs.

SEC. 7. If any person commence a suit in the circuit court against an estate within twelve months from the date of the administration, he may recover judgment, but shall pay all costs.

SEC. 8. In criminal cases, if the defendant be convicted, costs shall be adjudged against him.

SEC. 9. In all capital cases in which the defendant shall be convicted and shall be unable to pay the costs, they shall be paid by the United States; in all other cases of conviction on indictment, when the defendant shall be unable to pay the costs, they shall be paid by the territory.

SEC. 10. In all capital cases, if the defendant be acquitted, the costs shall be paid by the United States; and in all other cases of acquittal on indictments the cost shall be paid by the Territory.

SEC. 11. In all cases when any person shall be committed or recognized to answer a criminal offence, and no indictment shall be found against such person, the prosecutor shall be liable for the

costs.

SEC. 12. If a person charged with an offence shall be discharged by the officer taking his examination, or if, on the trial before a prefect or alcalde, of any criminal offence cognizable before such officers, the defendant be acquitted, the costs shall be paid by the prosecutor.

SEC. 13. In all prosecutions instituted otherwise than by indictment, if the offender be convicted, the costs shall not be taxed against the United States, the Territory, or any county.

SEC. 14. The person on whose oath or information any criminal prosecution shall have been instituted shall be considered the prosecutor.

SEC. 15. Whenever any person shall be convicted of any crime or misdemeanor, no costs incurred on his part shall be paid by the United States, the Territory, or any county, except fees for board.

SEC. 16. When the costs in any criminal case shall be taxed against the United States, the Territory, or any county, the fees of clerk, sheriff, alcaldes, constable, attorney general, circuit attorney, and all other ministerial officers, shall be curtailed one-half.

SEC. 17. No subpoena for a witness in any criminal case shall be issued unless the name of such witness be endorsed on the indictment, or the circuit attorney, or the prosecutor in the case, or the defendant or his attorney, shall order the same.