PART XIII. New Mexico. Prepared Expressly for this Work by A. A. Jones, JURISDICTION OF COURTS. Justice Courts have jurisdiction of civil cases up to $100; but not where title to land is brought in question. District Courts have common law and chancery jurisdiction. Probate Courts have jurisdiction of probate matters. SERVICE OF PROCESS. If the defendant resides in the county where suit is brought he must be served with process at least five days before the first day of the term of Court, if he resides out of the county, but in the judicial district, fifteen days; if out of the judicial district, thirty days. ATTACHMENTS. The following are grounds for an attachment, which must be shown by affidavit: When debtor is a non-resident of the Territory; when debtor has concealed himself, or absconded or absented himself from his usual place of abode so that ordinary process of law cannot be served upon him; when debtor is about to remove his property out of the Territory, or fraudulently conceals or disposes of his property; when the debt is contracted out of the Territory, and property is secretly moved into the Territory; when defendant is a corporation whose office is out of the Territory, and there is no agent in the Territory upon whom to serve process; when debt was fraudulently contracted or credit obtained by false pretenses. Bonds are required in a sum double the amount sworn to in affidavit. ARREST AND IMPRISONMENT FOR DEBT. The debtor may be arrested in a civil action, where he is about to leave the Territory to defraud his creditors. Bonds are required of the creditor, the same as in attach ment. LIMITATION OF ACTIONS. Contracts in writing, six years. Judgments of Courts not of record, six years. Judgments of Courts of record, fifteen years. Unwritten contracts, four years. Actions of replevin must be brought within one year from the time the cause of action accrued. HOMESTEADS. A homestead to the value of one thousand dollars is exempt from execution, if debtor is the head of a family. INTEREST. The legal rate of interest is six per cent. per annum, but not more than twelve per cent. can be recovered; and judgments bear interest at the rate of the original obligation, not to exceed twelve per cent. EXEMPTIONS. Every person who has a family, and every widow, may hold exempt from execution, attachment or sale, certain household furniture and effects which are enumerated in the statutes; and any resident of the Territory who is the head of a family, and not the owner of a homestead, may hold exempt from levy and sale, real or personal property to be selected by such person, his agent or attorney, at any time before sale, not exceeding five hundred dollars in value, in addition to the amount of chattel property otherwise by law exempted. A ESTATES OF DECEASED PERSONS. year is allowed to settle estates. Claims against estates of deceased persons must be presented within one year from date of death of deceased, and suits must be brought within 18 months. BILLS OF EXCHANGE, Etc. No days of grace allowed; if they mature on Sunday or legal holiday, the following business day will be the day payable. ACKNOWLEDGMENTS. If taken within the Territory, before a Judge or Clerk of a Court of record having a seal, or before a Justice of the Peace, or Notary Public. If taken without the Territory and within the United States, before a Commissioner of Deeds for New Mexico, or before a Judge or Clerk of a Court of record; and if taken before a Judge, the Clerk must, under his signature and seal of Court, certify that he is Judge of such Court; or before a Notary Public having an official seal. ASSIGNMENT LAWS. Any person may assign his property, both real and personal, except what is by law exempt from sale under execution, to any person in trust for the benefit of his creditors, but such assignment shall be for the benefit of all the creditors of the assignor; and every such assignment shall be proved, or acknowledged and certified and recorded in the same manner as is prescribed by law in cases wherein real estate is conveyed. The assignee shall give a bond to be approved by the Judge of the District Court, and said Judge may remove an assignee for cause. All acts done or settlements made by the assignee shall be reported to the District Judge for his approval. Every sale, mortgage, or assignment made by debtors, and every judgment suffered by any defendant, or any act or device done or resorted to by a debtor in contemplation of insolvency, and with the design to prefer one or more creditors, shall operate as an assignment and transfer of all the property and effects of such debtor, and shall inure to the benefit of all his creditors in proportion to the amount of their respective demands. All such transfers shall be subject to the control of Courts of equity upon the bill of any person interested, filed within six months after the mortgage or transfer is legally lodged for record, or the delivery of the property or effects transferred. PART XIV. Texas. Prepared Expressly for this Work by Shook & VanderHoeven, San Antonio, Texas. JURISDICTION OF COURTS. Justices' Courts, up to $200. District Courts above $200, unlimited. County Courts have jurisdiction of probate matters, etc., and in some counties have original civil jurisdiction up to $500, and concurrent jurisdiction with District Court up to $1000. TIME TO ANSWER. Defendant, after service on him of summons, must answer. Time to answer is five days after the return day of the Court, called appearance day. ATTACHMENTS. May issue when shown by affidavit that debtor is not a resident of the State, or is a foreign corporation; when he is about to remove permanently out of the State, and has refused to pay or secure the debt; when he secretes himself, so that the ordinary process of law cannot be served upon him; when the debtor has secreted his property for the purpose of defrauding his creditors; when he is about to secrete his property for the purpose of defrauding his creditors; when he is about to remove his property out of the State without leaving sufficient |