New Mexico Territorial Laws and Treaties NM TERR LAWS KEARNY CODE CT & J POWERS § 41

If the defendant after having been duly summoned fail to appear at the time and place mentioned in the summons, the alcalde shall render judgment by default against him, and proceed to ascertain the amount due from the defendant to the plaintiff; if any witness fail to appear, unless good cause be shown, the alcalde shall issue an attachment against him, to compel his attendance, and may fine him not exceeding five dollars for the use of the county, for a contempt of court.