New Mexico Territorial Laws and Treaties NM TERR LAWS KEARNY CODE CT & J POWERS § 40

The alcalde, whenever he shall be satisfied that a jury in a civil cause before him, after having been out a reasonable time, cannot agree on their verdict, he may discharge them, and shall issue a new jury summons, unless the parties consent that the alcalde may render judgment upon the evidence already before him, which in such case he may do.