In all cases of conviction under this article, when the fine assessed by the justice of the peace [magistrate court] is the sum of three dollars ($3.00) or less, an appeal shall be granted to the district court only when all the accrued costs shall have been paid; which appeal shall be taken and conducted as all other appeals from the decision of justices of the peace [magistrates].
History: Laws 1903, ch. 32, § 10; Code 1915, § 5796; C.S. 1929, § 151-513; 1941 Comp., § 77-1509; 1953 Comp., § 75-15-9.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Section 35-1-38 NMSA 1978 abolished the office of justice of the peace, transferred the jurisdiction, powers and duties of said justices to the magistrate court and provided that all statutory references to "justice of the peace" shall be construed to refer to the magistrate court.
Compiler's notes. — The words "this article" were substituted for "this act" by the 1915 Code; the reference is to Chapter CXIV, Article II, §§ 5787 to 5791 of the 1915 Code, now compiled as 73-3-1 to 73-3-5 and 73-3-7 to 73-3-11 NMSA 1978.
Cross references. — For counties to which this section does not apply, see 73-3-11 NMSA 1978.
For procedures governing appeals to the district court from magistrate courts in trial de novo cases, see Rule 1-072 NMRA.
For procedure for appeal from magistrate court to district court, see 35-13-1 to 35-13-3 NMSA 1978, and Rule 2-705 NMRA.
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