The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1897-03-11

disqualification of a Judge, which the
| introducer from his statement says was
not his intention.
And the words adjoining county"
should read another county"
| 1t is not definite enough as to the af-
| fidavit upon which it is sought to dis
qualify the Judge. No provision is
made for counter affidavits. The time
when the affidavit can be filed is not
definitely fixed. 1t might be restored to
at so late a stage of the proceedings
that great expense to litigants and in
convenience to witnesses, courts AMI
| jurymen would result
| After concurring with the introducer
Of this bill-and other members-they
concluded that new bill could DC pass
ed which would be free from the OBJ
| jections to which Bill No. 213 was
| open, and which would at the same
time permit a litigant to legally object
to prejudiced and biased Judge
understand that such a bill has since
been introduced and passed by your
honorable body, and is now pending be-
| fore the Senate.
| March 10, 1897.
JAMES H. BUDD,
Governor.
| AS will be seen by the last paragraph
of the message the author agreed with
! the Governor as to the ambiguous con-
struction of A. B. 213
| However, a bill introduced by Bridg-
ford on February 26th some days be-
| fore Caminettis bill went to the Gov
ernor was found to fulfill the necessary
conditions if slightly amended. This
amendment was made March 9th and
the bill No. 977, as amended, was passed
in the House on Tuesday evening.
| No. 977 is the bill referred to by the
| Governor and, having been framed and
| introduced before A. B. 273 was sent to
the Governor cannot be viewed in the
| light of a makeshift or substitute forced
by the criticism of that one The bill
| follows:
BRIDGFORD'S BILL.
Section /. Section 40 of the Code of
| Civil Procedure is hereby amended so
as to read as follows:
Section 40. No Justice, Judge or
Justice of the Peace shall sit or act as
such in any action or preceding:
1. To which he is party or in which
| he is interested.
2 When he is related to either party,
or to an attorney, counsel, or agent of
| either party, by consanguinity or affin-
| ity, within the third degree, computed
according to the rules of law.
3. When he has been attorney or
counsel for either party in the action or
proceeding.
4. When it appears from the affida-
It-i+ do ifc no ait
! cannot have a fair and impartial trial
before the Justice or Judge about to try
the case by reason of the prejudice or
bias of such Justice or Judge, said Jus
tice or Judge shall forwith secure the
services of some other Justice or Judge
of the same or another county, to pre-
side at the trial of said action or pro-
ceeding; provided, that in an action in
the Superior Court of a county, or of a
city and county, having more than one
department, said action shall be trans
ferred to another department thereof
and tried therein in the same manner
as though originally assigned to such
department. The affidavit or affida-
Wits alleging the disqualification of
Justice or Judge, must be filed at least
ten days before the day set for trial of
such action or proceeding; provided,
counter affidavitS may be filed at least
five days before the day set for trial
of such action or proceeding. But the
provisions of this section shall not APP
ply to the arrangement of the calendar,
or to the regulation of the order of bus
mess, nor the power of transferring the
action or proceeding to some other
court, or the hearing upon such affida-
Wit