Feb. 8.

C. 12. L. 82 § 3; notary public or clerk of any court of record or any other responsible person named by the judge being in the judicial district where such testimony is to be taken, requiring such judge, justice, notary, clerk or other person to take the depositions of the witnesses therein named, or in case the witness or witnesses whose testimony is desired, reside out of this territory, such commission may be directed to and executed by, any clerk or judge of a court of record or notary public in any of the United States.

Notice.thirty days required.

Id. § 4.

Notice, service of.

Id. § 5.

Notice to non-residents.

Id. § 6.

Notice by publication.

of.

Id. § 7.

Subpoenas. issue

Id. § 8.

Attendance. Id. § 9.

Interrogatories.

$3052. The party applying for the commission shall give notice, in writing, of the time and place of taking such depositions to every person who may be known to be interested, or his or their agent or attorney, at least thirty days before the taking of the same, and a copy of the petition and affidavit upon which the commission was granted shall accompany the notice.

§ 3053. In case the person interested be a married woman the notice shall be served on her and her husband if they are living together: if a minor, on the guardian of such minor, and on such minor if over the age of fourteen years and residing within this territory. A guardian ad litem may be appointed by the judge granting the petition when there is no guardian. $3054. The publication of this notice in some newspaper printed in this territory at least three weeks consecutively, the last insertion to be twenty days before the day of taking the depositions, shall be sufficient notice to all persons residing without the territory and to unknown persons living in the territory.

$3055. Parties applying for commissions shall, in addition to the notice required in the last three preceding sections, give a general notice in the nearest newspaper to the place where the depositions are to be taken for four consecutive weeks, of the time and place of taking the depositions, and the object thereof. When depositions are to be taken in two or more places in the same case, then notice to be published in some newspaper published nearest to some one of the places, and only one publication shall be required.

§ 3056. The officer or person named in the commission may issue a subpœna to such witnesses, requiring them to appear and testify at a time and place therein named and may enforce obedience thereto by attachment.

§ 3057. Such officer shall attend at the time and place for taking such depositions.

§ 3058. If it shall appear to such judge, justice, clerk or person named that notice has been given as required by this act, such officer shall then and there reduce to writing all the questions put to witnesses by the party desiring such deposiCross examinations, and also all the questions put by all and every person attending who shall feel interested, who shall be at liberty to examine and cross examine all the witnesses.

tions.
Id. § 10.

signed.

Testimony to be § 3059. Such officer shall also reduce to writing all the answers of the witnesses to such questions, and all such answers and questions shall be written in the English or Spanish languages, and being distinctly read to such witnesses, shall be sworn to and subscribed by them.

id. § 11.

§ 3060. The officer shall have power to adjourn from day to day the taking of such depositions when the same shall be necessary.

§ 3061 The officer taking such depositions shall attach thereto his certificate stating the time and place, when and where such depositions were taken, that the witnesses were duly sworn as to the truth of their depositions, and that they subscribed the same, and shall inclose them together with the commission and the evidence of notice, and the whole being carefully sealed up, shall be delivered by the officer to the recorder of the county in which the suit is pending or in which the property or matter is situate or belongs to which such depositions relate.

§ 3062. If the officer taking such depositions resides at such distance from the recorder's office where such depositions properly belong as to prevent an immediate delivery thereof, then it shall be lawful to send the same by mail or other safe conveyance.

§ 3063. The recorder of the county where such depositions properly belong shall, on receiving the same, indorse the manner of their transmission to him, and immediately record the depositions with the accompanying papers in a book to be kept by him for that purpose, and shall be known as the Book of Depositions, and his certificate as to the manner of their transmission, and shall make his certificate on the back of the depositions, that the same, together with the accompanying papers, naming them, were by him duly recorded, and deliver the original depositions and accompanying papers to the party on whose petition the commission issued.

C. 12, L. 82. § 12: Feb. 8.

Adjournments.

Certificate of off

cer.

Delivery under

seal.
Id. § 13.

Transmission, how to be made.

Id. § 14.

Indorsement and

record.

Certificate.

Delivery.
Id. § 15.

Depositions may be used as evidence,

§ 3064. Depositions taken and certified in conformity to the preceding provisions, or duly certified copies of the when. record of such depositions, may be used and read as evidence. in any cause or judicial proceeding to which they relate in favor of any parties thereto, or any or either of them, or their executors or administrators, heirs or assigns, or their legal representatives: First, if the deponent is dead; second, if he be unable to give testimony by reason of insanity or imbecility of mind; third, if he be rendered incompetent by judg ment of law; fourth, if he be removed out of the territory so that his testimony cannot be obtained.

§ 3065. All legal exceptions may be taken and allowed to the reading of such depositions in any trial in which the same may be offered in evidence.

§3066. The costs and expenses of taking the depositions shall be audited and allowed by the officer taking the same, and such costs and expenses, together with the fees of recording and copying the same, shall be taxed in favor of the party or parties paying the same, and collected as other costs in the suit or suits in which such depositions, or any part thereof, may be used.

§ 3067. The fees of the probate clerk and ex-officio recorder for recording said depositions and certifying the same, shall be the same as are now allowed by law for recording and certifying deeds; and the fees of witness shall be the

Id. § 16.

Exceptions.
id. § 17.

Costs. expenses and fees.

Id. § 18.

Fees.

Feb. 8.

C. P. L. 2. § 19; same as are now paid to witnesses in the district court in civil cases, and the fees of the officers taking the depositions shall be five dollars per day for each day of actual and necessary service.

Judgment by de

fault.

JUDGMENTS.

§ 3068. On the third day of the term, if no answer be filed, and if the demand be for a sum certain, or liquidated, the plaintiff may take his judgment final: Provided, That the defendant shall have the right to file his answer at any time be

C. L. 1865, chap. 27. fore judgment is entered.

$39; July 12, 1851.

Stewart vs. Maxwell, vol. 1, page 563, N. M. Rep.

§ 3069. Any money judgment rendered in the supreme or district court shall be docketed by the clerk of the court in a book kept for the purpose, and shall be a lien on the real estate of the judgment debtor from the date of the filing of a transcript of the docket of such judgment in such book in the office of the recorder of the county in which such real estate is situate.

§ 3070. The recorder of each county shall record said transcript in a book kept for the purpose in his office, which book shall be in form like the aforesaid books to be kept by the clerks of the supreme and district courts, with additional columns to show the dates of filing and recording.

§ 3071. The books to be kept by the clerks of the supreme and district courts shall show the names of the parties, the number and nature of the case, the court in which judgment was rendered, the date of judgment, amount of damages, amount of costs, total amount of judgment, date of docket. attorney for creditor, issuance and return of executions if any, and satisfaction of judgment when paid.

§ 3072. Any judgment rendered in any district court in any county where court is held for the trial of causes arising under the laws of the United States, shall be a lien on the real estate of the judgment debtor in such county from the date of its rendition: Provided, The transcript hereinbefore mentioned shall be filed in the office of the recorder of said county

within sixty days after said date of rendition; but such judgment may be made a lien on the property of the judgment debtor at any time by a compliance with the provisions of the first section of this act.

3073. The clerk of the district court shall receive fifty cents for making and certifying each of said transcripts, and the county recorder shall receive fifty cents for filing and recording each of said transcripts.

Judgment, when a

diet.

§ 3074. If either party to any suit shall die between ver- party dies after verdict and judgment, the judgment shall be entered as if both parties were living.

C. L. 1865, chap. 27. $14; July 12, 1851. Judgment may be docketed, when.

Execution may issue. how.

§ 3075. When any execution issued by a justice of the peace is returned nulla bona the judgment sought to be enforced thereby may, upon the application of the judgment creditor, or his agent, be docketed by the clerk of the district. court for the county within which the justice is holding office, and acting as such justice, in the same manner in which judgments of the district court are docketed in accordance with the provisions of the preceding four sections, and thereupon the clerk of said district court may issue execution on said judgment in the same way and with the same force and effect as though said judgment had been recorded in said district court: Provided, That the judgment creditor making such application, as aforesaid, shall file with the clerk of the district court a duly certified transcript of the judgment, and also a duly certitied copy of the execution issued by the jus- April 3. tice and of the return thereon.

§ 3076. All provisions of sections three thousand and sixty-nine to three thousand and seventy-three, relative to judgments of the district courts, shall be held to apply equally to judgments of justices of the peace, which may be docketed in the manner provided in the next preceding section.

of.

Proviso.

L. 1884, chap. 31. §1;

Judgments, effect

Id. § 2.

Judgment by confession.

§ 3077. Judgment by confession, without action may be entered by the clerk of the district courts in this territory in term time or in vacation, in the manner hereinafter pre- Feb. 5. scribed.

§3078. Such confession can be only for money due, or to become due, or to secure a person against contingent liabilities on behalf of the defendant, and must be for a specified

sum.

§ 3079. A statement in writing must be made and signed by the defendant and verified by his oath to the following effect, and filed with the clerk:

First. If for money due, or to become due, it must state fully and concisely the facts out of which the indebtedness arose, and that the sum confessed therefor is justly due, or to become due, as the case may be.

Second. If for the purpose of securing the plaintiff against a contingent liability, it must state fully but concisely the facts constituting such liability, and must show that the sum confessed therefor does not exceed the same,

§ 3080. The clerk shall thereupon record the same in his court record for such county, and shall make an entry of judgment thereon, for the amount thus confessed and costs,

C. 20. L. 89. § 1:

Judgment. for what only.

Id. § 2.

Verified statements, when. Id. § 3

Duty of clerk.

Feb. 5.

C. 20, L. 89, § 4: and shall docket the same in its proper alphabetical places upon the judgment docket of said court for said county, with a reference to the book and page of the court record, where the same is recorded at length as aforesaid, and shall issue execution thereon as in other cases, or as may be stipulated between the parties as in the next section provided.

Attached

tions.

Id. § 5.

condi

Force of judg ment.

Id. § 6.

Fees of clerk.

Confession

when.

Id. § 8.

filed,

Judgment, how

revived.

§ 3081. Any defendant so confessing judgment, may attach such condition or conditions thereto as to stay of execution, not to exceed one year, as the beneficiary may agree to by signing the same.

§ 3082. Such judgment, when so filed, recorded and docketed, shall have all the binding force and effect that judg ments obtained in the regular manner now, or may hereafter, have by law in said courts, as to being liens upon real estate of such defendant, and otherwise. And the beneficiary, under such judgment, shall have the same right to file transcripts thereof in other counties to be a lien upon the real estate of such defendant, as any plaintiff now has, or may hereafter have, under the law by in like manner, filing a certified transcript thereof in the office of the ex-officio recorder of such other county or counties.

§ 3083. The clerks of such district courts, shall receive from the person applying to file any such confession of judg ment, a fee of one dollar, for filing and docketing the same, and fifteen cents for each folio of one hundred words for recording the same, and a like per folio for all transcripts furnished, with an additional fee of fifty cents for certifying to the latter. The clerks of the probate courts or ex-officio recorders shall receive a fee of fifty cents for filing such certified transcript or copy, and upon the filing thereof they shall immediately note the same upon their reception book and properly index the same in the indices of their offices.

§ 3084. No such confession of judgment shall be filed with the clerks of said district courts, unless the defendant or debtor shall attach to and make as a part of the statement required in section three thousand and seventy-nine, an affidavit setting forth that the same is made in good faith to secure such beneficiary in debt or contingent liability justly due in the sum thus confessed or necessarily entered into, and not with the intention of defrauding any of such defendant's creditors.

§ 3085. That hereafter it shall not be necessary to bring proceedings in any court to revive a judgment having been already obtained before a court of competent jurisdiction in this territory, except in cases where such judgment had been rendered for a period of five years or more next preceding 8. the issue of final process for the enforcement of the same.

Feb. 10.
Execution may is-

sue, when.

Id. $2.

§ 3086. An execution may issue at any time, on behalf of any one interested in such judgment referred to in the above section, within five years after the rendition thereof, and without the necessity of bringing an action to revive the same.