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after such appeals are taken, and such writs of error sued out, or such bonds, summons, citations and other process is issued, and the court shall take jurisdiction to hear, determine and dispose of all such appeals, writs of error, bonds, summons, citations and other process from and after such return days in the same manner it has heretofore taken jurisdiction thereof on the first day of the regular annual term of said court. Writs of error and appeals shall be sued out in the manner now provided by law. Whenever a writ of error is sued out citation shall be issued by the clerk of the supreme court, directed to and citing the opposite party to appear to answer such writ; and whenever an appeal is taken unless the same is taken in open court, the opposite party, or his attorney being present, which fact shall be shown by the record, citation shall be issued by the clerk of the district court, directed to and citing the opposite party to appear in the supreme court and answer such appeal on the return day thereof. Such citations, both in the case of writs of error and appeals, may be served by delivery of copies thereof to the opposite party or his attorney of record in the court below. Such citations may be served by an officer or any other person, and when not by an officer service shall be made to appear by affidavit, or otherwise to the satisfaction of the court.
Sec. 3. Section 3140 of the Compiled Laws of 1897, is hereby repealed, and the following enacted in place thereof: The appellant in cases of appeals and the plaintiff in error in cases of writs of error shall file in the office of the clerk of the supreme court at least ten days before the return day of any writ of error or appeal, as perfect and as complete a transcript of the record and proceedings in the cause as may be necessary to enable the court to properly review it. If he fails to do so, the appellee or defendant in error may produce in court such transcript and if it appear thereby that an appeal has been allowed in the cause or from the records of the court that a writ of error has been sued out, the court shall upon such transcript affirm the judgment, unless good cause be shown to the contrary. On appeals and writs of error, the appellant and plaintiff in error shall assign errors on or before the return day to which the cause is returnable. In default of such assignment of error the appeal or writ of error may be dismissed and the judgment affirmed, unless good cause for such failure be shown. Unless exception is filed or taken to the assignment of error the opposite party shall be deemed to have joined in error upon the assignment of error so filed.
Sec. 4. Whenever any writ of error is sued out and the judgment sought to be reviewed is for a recovery other than a fixed amount of money, the chief justice, or any associate justice of the supreme court may by order fix the amount of the bond to be given as a condition for granting the supercedeas, as now provided by law in cases of appeal, and upon the making of the said order and the giving of the bond to be approved by the judge making the order, the supercedeas shall at once go into effect and the judge shall certify his approval of the bond and his order allowing said supercedeas, and upon the filing in the office of the clerk of the supreme court of the same, the said clerk shall thereupon issue the writ of error as in other cases, and the said order fixing the bond and granting the supercedeas, shall also be entered in the district court in which the judgment sought to be reviewed by writ of error was rendered. But the provisions of this section shall not affect causes now pending on appeal nor writs of error heretofore sued out.
Sec. 5. Sub-Section 161 of Section 2685 of the Compiled Laws of 1897, shall hereafter be held to apply to all civil cases, and such cases may hereafter be reviewed either by writ of error or appeal.
Sec. 6. Section 1 of the act of the legislative assembly approved February 19, 1903, being Chapter 5 of the acts of the 35th legislative assembly, is hereby amended so as to read as follows:
Sub-Section 175 of Section 2685 of the Compiled Laws of New Mexico of 1897 be and the same is hereby amended so as to read as follows: All statutes in force at the date of the passage of this act, (Section 2685) or enacted since then, or hereafter enacted relating to habeas corpus, mandamus, prohibition, quo-warranto, replevin, attachment, ejectment, eminent domain, suits for partition of real estate, actions to determine and quiet title to real property, proceedings for the sale of real estate of infants, shall not be held to be repealed by the enacting of said Section 2685 of the Compiled Laws of 1897, but said Section 2685, and all other statutes relating to said subject shall be construed together as if all of said laws were enacted at the same time, and shall receive such construction from the court as to harmonize the same as parts of one act, and no repeal shall be held to have been made by implication or conflict, except so far as may be necessary to harmonize the said laws and give effect to them as one uniform system.
Sec. 7. That the statement of all causes of action and the allegations of all pleadings shall be made in arrangement and form as provided by Section 2685 of the Compiled Laws of 1897, as amended and supplemented, but in actions by attachment, replevin, ejectment, eminent domain, for partition of, or quieting the title to realestate, to subject the real property of decedents to the payment of their debts, suits in the district court for the sale of infants' real estate, and in habeas corpus, mandamus, quo warranto, and prohibition proceedings,the pleadings shall be deemed sufficient where they conform substantially in their material allegations to the requirements of the special statutes relating to the several said actions, suits or proceedings.
Sec. 8. That all writs, summons, citations, and other process in habeas corpus, mandamus, quo warranto and prohibition proceedings, shall be issued, made returnable, served and returned as the court, in each instance, may direct, but where a return day is fixed it shall be for a day not more than thirty days beyond the date of the order granting the writ of other process.
Sec. 9. - That where an original writ of attachment or replevin has been quashed for defect in the affidavit, bond or writ, the court shall allow an amendment thereof, to cure the defect under such circumstances of ordinary pleadings are allowed by law, and with like effect; and alias and pluries writs of attachment or replevin shall be issued in the following cases; where, in attachment, under a prior writ an insufficient amount of property has been levied upon to satisfy the amount of damages claimed in the affidavit, with costs accrued or likely to accrue; also where a prior writ has been quashed for defect therein that cannot be cured by amendment: Provided, That in a former case an additional affidavit and bond shall be required of the attaching plaintiff, and in replevin where the property to be replevined has not been found in the county to or in which the original writ was directed or attempted to be served, and the plaintiff wishes to undertake the levy upon property in another county; but where the goods and chattels described in the affidavit and writ of replevin are not found, the action will not abate, but may proceed as for conversion, upon the facts set out in the complaint
Sec. 10. This act shall be in force from the date of its passage. Section 6 of Chapter 75 of the Laws of 1899 and all other acts or parts of acts in conflict herewith are hereby repealed.
AN ACT TO AMEND SECTION 4124 OF THE COMPILED LAWS OF
THE TERRITORY OF NEW MEXICO OF 1897, AND FOR OTHER
Sec. 1. Section 4124, Compiled Laws of 1897, regarding amount to be paid for liquor
license, amended Proviso--no license to be granted except in city, town
or village of at least one hundred inhabitants. Sec. 2. Saloons probibited within certain distances of certain institutions. Sec. 3. Granting of liquor license for sale of less than five gallons within three miles
of certain construction camps, probibited. Proviso. Sec. 4. When liquor license may be revoked. Proviso. Sec. 5. Violation of sections 2 and 3, a misdemeanor. Be it enacted by the Legislative Assembly of the Territory of New
Section 1. That Section 4124 of the Compiled Laws of the Territory of New Mexico of 1897, is hereby amended by adding thereto the following:
“Provided, That no license shall be granted for the sale of malt, vinous or spirituous liquors at any place in any county of this territory, except within the limits of a city, town or village containing at least one hundred inhabitants; and any officer authorizing or issuing a license contrary to this provision shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than one hundred dollars nor more than five hundred dollars."
Sec. 2. It shall be unlawful for any person, company or poration to establish or conduct a saloon for the vending or sale of spirituous, vinous, or malt liquors within a distance of five miles of any United States government sanitorium, or within a distance of two miles of any military reservation in New Mexico, or within one mile of the established boundaries of the New Mexico College of Agriculture and Mechanic Arts or within one-half mile of the University of New Mexico or the School of Mines, and no license shall be issued for such purpose, but this section shall not apply to any saloons previously established.
Sec. 3. It shall be unlawful for any territorial or county official authorized by law, to grant, retail liquor license to any person, firm or corporation to sell or otherwise dispose of malt, spirituous or vinous liquors in less quantities than five gallons within three
miles of any camp, assembly of men engaged in the construction of any railroad, canal, reservoir, public work or other kindred enterprise where 25 or more men are engaged. And it shall be unlawful for any person, firm or corporation to sell or offer for sale, barter or exchange, or otherwise dispose of any spirituous, malt or vinous liquors in less quantity than five gallons within three miles of any such camp or assembly of men, as herein specified, and any attempt to evade the provisions of this act by giving away any such liquors to any person on the pretense or for the reason that such person has purchased or designs or is expected to purchase some other article, shall be deemed a sale within the meaning of this act: Provided, That the provisions of this section shall not apply to sales made under a license issued to authorize such sales in any incorporated town or city or towns of more than 300 inhabitants, or to those authorizing such sales outside of the limits of cities and towns, which may have been issued, or the places of business where such sales or license is to be made may have been established for six months prior to the passage of this act, or prior to the beginning of any such work as specified herein within said three mile limit.
Sec. 4. Any retail liquor license granted as provided for by law may be revoked by the board of county commissioners of the county wherein the same was or is issued, for the purpose of conducting a saloon outside of any incorporated village, town or city, and the same may be revoked by the municipal authorities of such incorporated town, village, or city, when any saloon is conducted therein, and the license money paid shall be forfeited, for the following reasons, to-wit: Provided, That the authorities mentioned herein upon a hearing given any person so licensed, shall be satisfied that such person has violated any of the provisions specified in said license, or by selling or attempting to sell retail liquors aforesaid outside of the locality for which such license was granted or if such person is conducting a disorderly or ill-governed saloon house or place, or a place of resort for idle or dissolute persons, or conducts any gambling therein without having a license therefor, or by permitting women to frequent such saloon.
Sec. 5.—Any person who shall violate any of the provisions of sections 2 and 3 of this act shall be deemed guilty of a misdemeanor and upon conviction shall be fined in any sum not less than one hundred dollars nor more than five hundred dollars, or by imprisonment in the county jail not less than ten nor more than ninety days, or both, in the discretion of the court.
Sec. 6. All acts and parts of acts inconsistent herewith are