§ 971.

The grand jury then must retire to a private room and inquire into the offenses cognizable by them.

$972. The grand jury must appoint one of their number as clerk, who must preserve the minutes of their proceedings, except of the votes of the individual members on an indictment, and the evidence given before them.

$973. The grand jury, on the completion of the business before them, must be discharged by the court, but whether the business be complete or not, they are discharged by the final adjournment of the court. The bailiffs who may attend on the grand jury shall be discharged at the same time that the grand jurors are discharged.

$974. No person shall be obliged to serve as member of the grand jury more than once a year.

POWERS AND DUTIES OF THE GRAND JURY.

Power.

$975. The grand jury have power, and it is their duty to inquire into all public offenses committed or triable in the county, and to present them to the court, by indictment, as 1: Feb. 2. 1834. provided in this act.

$976. Upon such inquiry they may, when the defendant has been held by magistrate or not, to answer a charge, if they believe him guilty, then find an indictment against him. $977. An indictment is an accusation in writing, presented by a grand jury to a competent court, charging a person with a public offense.

Territory vs. Sevailles. Vol. 1. page 119. N. M. Rep.
Leonardo vs Territory, Vol. 1. page 291. N. M. Rep.
Tenorio vs. Territory. Vol. 1. page 279. N. M. Rep.
Territory vs. Miera, Vol. 1, page 387, N. M. Rep.

$978. The foreman may administer an oath to any witness appearing before the grand jury.

§ 979. In the investigation of a charge for the purpose of indictment, the grand jury can receive no other evidence than: First. Such as is given by witnesses, produced and sworn before them; or

Second. By legal documentary evidence.

$980. The grand jury can receive none but legal evidence and the best evidence in degree, to the exclusion of hearsay or secondary evidence.

$981. The grand jury is not bound to hear evidence for the defendant, but it is their duty to weigh all the evidence submitted to them, and when they have reason to believe that other evidence within their reach will explain away the charge, they should order such evidence to be produced, and for that purpose may require the district attorney or attorney general to issue process for the witnesses.

$982. The grand jury ought to find an indictment, when all the evidence taken together is such as in their judgment would, if unexplained or uncontradicted, warrant a conviction of [by] the trial jury.

§ 983. If a member of the grand jury knows, or has reason to believe that a public offense has been committed, which is triable in the county, he must declare the same to his fellow jurors, who must thereupon investigate the same.

C. L. 1865. chap. 70,

Indictment: when

found.

Id. § 2.

Indictment: defin

ed.

Id. § 3.

Foreman to administer oath.

Id. § 4.

Evidence.compe

tent.

Id. § 5.

ble.

Evidence admissi

Id. § 6.

Evidence weighed.

Id. § 7.

Indictment: when to be found.

Id. § 8.

Juror to make complaint: when.

Id. § 9.

C. L. 1865, C. 70. § 10: Feb. 7, 1854.

$984. The grand jury must inquire:

First. Into the condition of every person imprisoned on a Inquiries to be criminal charge triable in the county, and not indicted.

made.

Second. Into the condition and management of the public prison in the county; and

Third. Into the willful and corrupt misconduct in office of public officers of every description in the county.

§ 985. They are also entitled to free access, at all reasonable times, to the public prisons, and to the examination, without charge, of all public records in the county.

$986. The grand jury may, at all reasonable times, ask the advice of the court, the attorney general or the district attorney of the county, and whenever required by the grand jury, it shall be the duty of the district attorney of the county to attend them for the purpose of framing indictments, or of examining witnesses in their presence, but no district attorney, sheriff or other person shall be permitted to be present during the expression of opinions, or giving of their votes upon any matters before them.

§ 987. Every member of the grand jury must keep secret whatever he himself, or any other grand juror may have said, or in what manner he or any other grand juror may have voted, on a matter before them; any grand juror who shall. during the sitting thereof, or at any subsequent period, violate the provisions of this section, shall be fined by the court in any sum not exceeding fifty dollars.

§ 988. A grand juror may, however, be required by the court, to disclose the testimony of any witnesses examined before the grand jury, for the purpose of ascertaining whether it is consistent with that given before them, by any other person, upon a charge against him for perjury, or in giving his testimony, or upon his trial thereof.

§ 989. A grand juror cannot be questioned for anything he may say, or any vote he may give in the grand jury relative to a matter legally pending before the jury, except for perjury, of which he may have been guilty in making an accusation, or giving testimony to his fellow jurors.

§ 990. An indictment cannot be found without the concurrence of at least twelve grand jurors; when so found it must be indorsed, A true bill; and the indorsement must be signed by the foreman of the grand jury.

Leonardo vs. Territory, vol. 1. page 291. N. M. Rep.
Territory vs. Sevailles, vol. 1. page 119. N. M. Rep.

§ 991. If twelve grand jurors do not concur in finding an indictment the charge must be dismissed.

$ 992. The dismissal of the charge does not however prevent its being again submitted to a grand jury as often as the court may direct.

§ 993. When an indictment is found, the names of the witnesses examined before the grand jury, must in all cases be inserted at the foot of the indictment or indorsed thereon before it is presented to the court.

§ 994. When an indictment is found by the grand jury, it must be immediately presented by their foreman in the pres

ence of the court, and must be filed with the clerk and remain in his office as a public record.

THE PETIT JURY.

§ 995. At the opening of the court the clerk must prepare separate ballots, containing the names of the persons returned as jurors, which must be folded as nearly alike as possible, and so that the name cannot be seen, and must deposit them in a sufficient box.

996. When the indictment is called for trial and before drawing the jury, either party may require the names of all the jurors in the panel to be called, and that an attachment issue against those who are absent, but the court may, in its discretion, wait or not for the return of the attachment.

$997. Before the name of any juror is drawn, the box must be closed and shaken, so as to intermingle the ballots therein: the clerks must then, without looking at the ballots, draw them from the box, through a hole in the lid, so large only as conveniently to admit the hand.

$998. When the jury is completed, the ballots containing the names of the jurors sworn, must be laid aside and kept apart from the ballots containing the names of the other jurors, until the jury so sworn is discharged.

§ 999. After the jury are so discharged, the ballots containing their names must be again folded and returned to the box, and so on, as often as a trial is had.

§ 1000. If a juror be absent when his name be drawn, or be set aside, or excused from serving on the trial, the ballot containing his name must be folded and returned to the box as soon as the jury is sworn.

§ 1001. The jury consists of twelve men, chosen by lot, as prescribed in this chapter, and sworn to try and determine the issue by a unanimous verdict.

§ 1002. If a sufficient number cannot be obtained from the box to form a jury, the court may, as often as is necessary, order the sheriff to summon so many persons qualified to serve as jurors as it deems sufficient to form a jury; the jurors so summoned must be called from the list returned by the sheriff, and so many of them, not excused or discharged, as may be necessary to complete the jury, must be impaneled and sworn.

Pro

1003. The petit jurors summoned to attend any term of the district courts shall serve during the entire term: vided, That the judge of such court may discharge such jurors at any time, if, in his judgment, the business of the term shall not require their further attendance.

Judge may charge. L. 1880, chap. 11. § 4: Feb. 13.

Juries, special; summoned

$ 1004. After the discharge of the petit jurors at any term of the district courts, the judge of such court may order a and how. special jury to be summoned for the trial of any cause pending in such court.

when

Amended C. 95, L.

91. § 14.
Id. § 5.

§ 1005. The clerks of the supreme and inferior courts, and of the probate judges, shall seasonably record the judgments, rules, orders and other proceedings of the respective courts, and make a complete alphabetical index thereto, issue and attest all processes issuing from their respective offices, and affix the seal of office thereto; they shall preserve the seal and other property belonging to their respective offices: they shall provide suitable books, stationery and furniture for their respective offices, and keep a correct account thereof.

§ 1006. Each court shall audit and allow such accounts, and all such allowances made to the clerk of the supreme court shall be paid by the United States, and all others by their respective counties.

$ 1007. The said clerks, previous to entering on the duties of their respective offices, shall give bond with security to the territory, to be approved by the judge making the appointment, conditioned to do and perform all the duties required by law.

§ 1008. Every clerk of the district court now in office shall, within sixty days after the passage of this act, and every clerk hereafter appointed shall, before being qualified to perform the duties of said office, execute a bond to the Territory of New Mexico, in the sum of five thousand dollars, to be approved by the judge of the district, conditioned for the faithful performance of the duties imposed upon him by law, which bond shall be filed in the office of the secretary of the territory.

§ 1009. If any clerk shall willfully and knowingly do any act contrary to the duties of his office, or shall knowingly and willfully fail to perform any duty required of him by law, he shall be removed from his office by the court of which he is clerk, on motion founded on charges exhibited.

§ 1010. A notice of such motion and copy of the charges shall be served on him at least ten days before the day on which the motion is made; a jury shall be summoned to try the truth of the charges if they are denied, or the whole may be submitted to the court at the option of the accused.

§ 1011. The different clerks of the district courts in this territory shall be and are hereby authorized, with the consent of the court, to appoint a deputy clerk for each county in his

district; such deputy shall reside in the county for which he shall have been appointed.

$ 1012. Such deputies, before entering upon the discharge of their duties as such deputy clerks, shall take and subscribe a similar oath to that required by law that is taken by his principal, which oath shall be filed and recorded in the office of his principal.

$1013. Each clerk shall be responsible for the acts of his deputies.

§ 1014. Such deputies, when duly appointed and qualified, may and are hereby authorized to execute any and all the duties pertaining to their office, in the name of their principal, as fully as their principal could do.

Sections one thousand and fifteen and one thousand and sixteen obsolete
and omitted.

C. L. 1865, chap. 39, §8: Feb. 6. 1855. Tr.

Oath and filing.

Id. § 9.

Clerk responsible.
Id. § 10.

Deputies; powers.

Id. § 11.

Fines; clerk to re

port.

1017. It shall be the duty of the clerks of the district courts, within ten days after the adjournment of the district court, in each county, to report in writing, and under his hand and the seal of said court, to the probate clerk of the county in which such district court shall have been held, all the fines imposed by said court, specifying clearly who may have been fined, for what crime or offense he has been fined, who has collected said fine, or who ought to collect it, and in what time § 16; Jau. 23, 1962. Tr. it should be collected.

§ 1018. If any clerk or clerks of the district courts shall fail to comply with the duties assigned him in the foregoing section, on conviction thereof before any district court, they shall be fined by said district court in any sum not less than twenty-five dollars nor more than one hundred dollars.

§ 1019. Clerks of the district courts shall be entitled to receive: For docketing each cause, to be charged but once, two dollars; for issuing every process or writ of any kind, except a subpoena for a witness, including all indorsements thereon, one dollar; for copies of process to serve, when required, one-half the amount charged for originals: Provided, That no charge shall be made for certifying such copies, nor shall it be necessary to certify them; for a subpœna for a witness or witnesses, twenty-five cents, but no copy of such subpoena to serve shall be required nor any charge allowed therefor; for filing any paper and entering same on the docket, fifteen cents; for each certificate under seal, fifty cents; for entering on the journal and on the docket any motion, rule or order, judgment or decree not herein otherwise provided for, twenty-five cents, unless the same exceeds one hundred words, in which case there shall be paid fifteen cents for each folio of one hundred words; for entering order admitting an attorney to practice, and administering oath and issuing certificate to him, five dollars; for computation of amount due on any note, bond or other contract for the payment of money, fifty cents; for taking and approving bond and all certificates of acknowledgment thereof and of justification of sureties, fifty cents; for entering on the journal and on the docket a default, cognovit or plea of guilty, judgment thereon, assessment of damage, final judgment, final judgment orders for execution, for recovery of costs, for assessment of damages and

C. L. 1865, chap. 39,

Failure to report: penalty.

Id. § 17.

Fees of district clerk.