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Sec. 49. Suspension of sentence.
Mexico : Section 1. Appeals and Writs of Error-When Allowed. Any person aggrieved by any tinal judgment or decision of any district court in any civil cause may, at his election take an appeal or sue out a writ of error to the supreme court of the Territory. at any time within one (1) year from the date of the entry of the same. Appeals or writs of error may also be taken from tinal judgments or decrees in actions for partition that determine the rights and interests of the respective parties and direct partition to be made.
Sec. 2. Appeals.— Appeals, as in this act provided for shall be allowed upon application to the district court in which the judgment or decree is rendered. When an appeal is taken, unless the same is taken in open court, 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 citation may be served by delivery of a copy or copies thereof to the opposite party or his attorney of record in the court below, and 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. And where personal servic cannot be had the clerk issuing the citation shall cause service to be made by publication as in civil causes in the district court. Where the defendant in error or appellee is not a resident of the Territory and has no attorney of record residing within the Territory, citation may be served by mailing to the last known address of the defendant in error or appellee a copy of the citation by the clerk issuing the same.
Sec. 3. Writs of Error.—The clerk of the supreme court shall issue a writ of error to bring into the supreme court any cause adjudged or determined in any of the district courts, as provided in Section 1 of this act upon a præcipe therefor, filed in his office by any of the parties to such cause,
his attorney or his solicitor, at any time within one year from the date of entry of such judgment or decision. Whenever a writ of error is sued out citation shall be issued by the clerk of the supreme court directing and citing the opposite party to appear to answer such writ. Such citation may be served by delivery of a copy or copies thereof to the opposite party or parties, or his attorney of record in the court below and 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. And whenever personal service cannot be had the clerk of the supreme court shall cause service to be made by publication as in civil causes in the district court.
Sec. 4. Parties to Join in Appeals aud Writs of Error.– If there be several parties entitled to sue out a writ of error or take an appeal, and any of them shall have separate interests in the judgment, or if the judgment, though joint in form, is substantially against one; or if some of the parties in the court below have no interests in reversing or maintaining the judgment; or if upon notice and request to join in such writ of error or appeal, they shall fail or refuse to do so, it shall not be necessary to join such parties in such writ of error or appeal, and the supreme court may, on affidavits or from the record, determine whether or not the parties omitted should have been joined therein.
Sec. 5. Parties Precluded from Bringing Appeal or Writ of Error-When.-If any person named in the notice provided for in the preceding section do not appear at the time therein specitied and join in such writ of error or appeal, upon filing due proof of the service of such notice, he shall thereby be forever precluded from bringing any writ of error or appeal on the same judgment, and the cause shall proceed in the same manner as if such person had been named in such writ and in the proceedings thereon.
Sec. 6. When Cause Shall Proceed Without all Parties. When the name of any person out of this Territory, or incapable of giving consent to the bringing of a writ of error, shall be omitted in such writ and the cause shall proceed without such name, the rights of such person shall not beimpaired by the judgment on such writ, but he may bring his writ of error or appeal in the same manner, separately, as if no such former writ or appeal had been brought.
Sec. 7. Persons Permitted to join in Appeal or Writ of Error.--Any person who ought to join in a writ of error or appeal may be permitted to do so on his application, on such terms as the court shall impose, and the writ and proceedings shall be amended by inserting his name and shall proceed as in other cases.
Sec. 8. Survivors May Appeal or Bring Writ of Error.– If a judgment shall be rendered against several persons and one or more of them die, a writ of error or appeal may be brought thereon by the survivor.
Sec. 9. Death of Party Before Error Assigned.-If there be several appellants or plaintiffs in error, and one or more of them die before errors are assigned such death shall be suggested by the surviving plantiffs and the errors shall be assigned by them; and if one or more of several defendants die before joinder in error, such death shall in like manner be suggested by the survivors, and they shall plead to the assignment of errors.
Sec. 10. Death of Party After Assigment of Errors.-If there be several of appellants and plaintiffs in error and one or more of them die after errors assigned,or if there be several appellees or defendants in error, one or inore of them shall die after error is assigned the appeal or writ of error shall not thereby abate but in either of such cases such death shall be suggested on the record, and the cause shall proceed at the suit of the surviving appellant or plaintiff in error, or against the surviving appellee or defendant in error, as the case may be.
Sec. 11. Death of all Plaintiffs.-If all the appellants or plaintiffs in error die after the app al taken or writ of error brought and before judgment rendered thereon, the executors or administrators or the last surviving plaintiff or appellant, or the heirs or devisees of the plaintiff or appellant, in cases where they would be entitled to appeal, or bring writ of error, may be substituted for such plaintiffs and the cause shall proceed at their suit.
Sec 12 Death of all Defendants. -If the appellees or a sole appellee or if all the defendants or a sole defendant in a writ of error die after the appeal taken or writ of error brought, and before judgment thereon, the executors and ad ministrators or heirs and devisees of such appllees or defend. ants may be compelied to become parties and join in error in like manner as in original suit.
Sec. 13. Supreme Court to Substitute Parties.- Persons may be substituted as parties or compelled to become parties in cases pending in the supreme court in like time and manner with like effect as provided for in original suits in district courts.
Sec. 14. Cost Bond to be Given.—Whenever an appeal is taken to the supreme court or writ of error sued out, by any other party, than an executor or administrator, the Territory, county or other municipal corporation, and no bond for supersedeas is given as hereinafter provided, the appellant, or plaintiff in error, shall, within thirty days from the time of taking such appeal or suing out such writ of error, tile with the district clerk, in case of appeal, and with the clerk of the supreme court, in case of writs of error, a bond with suffi cient sureties qualified as in other cases, to the effect that the appellant or plaintiff in error shall pay all costs that may be adjudged against him on said appeal or writ of error, said bonds to be approved by the respective clerks, as supersedeas bonds are approved.
Sec. 15. Supreme Court Shall Prescribe by Rule, Taxable Costs.—The supreme court is hereby authorized and empowered to fix by rule what shall be taxable costs on appeals and writs of error, and both in the supreme and district courts, the cost bonds herein provided for shall not specify any particular sum of money, but shall provide for the payment of all costs for which the party on whose behalf they are given shall become liable on such appeal, writ of error or suit, as the case may be.
Sec 16. Supersedeas.—There shall be no supersedeas or stay of execution upon any final judgment or decision of any of the district courts in which an appeal has been taken or a writ of error sued out unless such appellant or plaintiff in error shall, within sixty days from the date of entry of such judgment or decision, or some responsible person for him, execute a bond to the adverse party in double the amount of such judgment complained of, with sufficient sureties, to be approved by the clerk of the district court, in case of appeals and by the clerk of the supreme court in case of writ of error, conditioned for the payment of such judgment, and all the costs that may be adjudged against him in case such appeal or writ of error be dismissed or the judgment or decision of the district court be affirmed. In case the decision appealed from, or from which a writ of error is sued out, is for a recovery, other than a fixed amount of money, then the amount of such bond, if an appeal is taken, shall be fixed by the district court or the judge thereof, and in case of a writ of error, by the chief justice or any associate justice of the supreme court, conditioned that the appellant or plaintiff in error shall prosecute such appeal or writ of error with due diligence in the supreme court, and that if the decision of the court below be affirmed or the appeal or writ of error be dismissed he will comply with the decree of the district court and pay all damages and costs adjudged against him in the district court and in the supreme court on such appeal or writ of error. Upon the approval of the bonds herein provided
for in this section, and upon filing the bond, in case of appeal, with the clerk of the district court, and in case of a writ of error, with the clerk of the supreme court, there shall be a stay of proceedings in such cause until the same is finally determined upon such appeal or writ of error in the supreme court. Sec. 17. When no Supersedeas Bond Required. When
. the appellant or plaintiff in error is an executor or administrator, as such, the Territory, a county or other municipal corporation, the taking of such appeal or suing out such writ of error shall operate to stay execution of such judgment or decision.
Sec. 18. Supersedeas Discretionary in Certain Cases.In all actions of contested elections, mandamus removal of public officer, quo warranto or prohibition, it shall be discretionary with the court rendering judgment to allow a supersedeas of its judgment or decree therein, and if said court in its discretion permits an appeal or writ of error to operate as a supersedeas it shall be upon such terms and conditions as to the court shall seem meet and proper.
Sec. 19. Supreme Court Sessions.—The regular term of the supreme court shall be held at the City of Santa Fe commencing on the first Wednesday after the first Monday in January in each year, and adjourned terms of said court may be held from time to time between the last day of any such regular term and the first day of an ensuing term, as the court may deem proper, and order.
Sec. 20. The Return Day.-All appeals, writs of error, bonds, summons, citations and other process, in the supreme court, shall be returnable ninety (90) days 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 have jurisdiction to hear and determine and dispose of all such appeals, writs of error, bonds, summons, citations and other process from and after such return days: Provided, That the appellant or plaintiff in error may perfect such appeal or writ of error in the supreme court, in less than ninety (90) days and the court shall take jurisdiction thereof after the same shall have been regularly docketed, and after the appearance of the opposite party has been entered.
Sec. 21. Filing Transcript and Assigning Error.—The appellant in case of appeal 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 (10) days before the return day of any writ of error or appeal, as perfect and complete a transcript of the record and proceedings in the cause as may be