The record-union., 1897-04-19
WHAT THE NEW LAWS ARE
INTENDED TO ACCOMPLISH.
NUMBER FOURTEEN.

FOURTEEN.
eggs or larvae. The expense Thereon
shall be a county charge, and the Board
of Supervisors shall allow and pay the
same out of the general fund OF the
county Any and all sum or sums SO
paid shall be and become lien on the
property and premises from which said
nuisance has been removed or abated,
! in pursuance of this Act, and may be
| recovered by an action against such
| property and premises. notice or
such lien shall be filed and recorded in
the office of the County Recorder of the
county in which the said property ana
premises are situated, within thirty
days after the right to the said lien has
accrued. An action to forecloSe Such
lien shall be commenced within ninety
days after the filing and recording of
said notice of lien which action shall
be brought in the proper court by the
District Attorney of the county. in the
name and for the benefit of the county
making such payment or payments,
and when the property is sold, enough
of the proceeds shall be paid into the
County Treasury of such county to sat
isfy the lien and costs; and the over
plus, if any there be, shall be paid to
the owner of the property, if he be
known, and if not, into the court for
his use when ascertained. The County
Board of Horticultural Commissioners
is hereby vested with power to cause
any and all such nuisances to be at
once abated in a summary manner.
Section 3. Said County Boards of
Horticultural Commissioners shall have
| divide ha inf
tricts, and to appoint local inspector,
to hold office at the pleasure of the
Commissioners, for each of said dis
tricts. The State Board of Horticulture
may issue commissions as quarantine
guardians to the members of said
County Board of Horticultural Com
m1ssioners and to the local inspectors
thereof The said quarantine guardi-
ans, local inspectors, or members of
said County Boards of horticultural
. Commissioners, shall have full author
ity to enter into any orchard nursery.
place or places where trees or plants
are kept and offered for sale or other
wise, or any house, storeroom, sales
room, depot or any other such place in
their jurisdiction. TO inspect the same.
or any part thereof
i, SeclloH t. II snail De the duty of said
County Board of Horticultural Com
missioners to keep a record of their
Official doings, and to make a report
to the State Board of Horticulture, on
or before the LIST day of October OF
each year, of the condition of the fruit
interests in their several districts, what
IS being done to eradicate insect pests
also as to disinfecting, and as to quar-
ant1ne against insect pests and dis
eases, and as to carrying out all laws
relative to the greatest good of the
fruit interest. Said board may publish
said reports in bulletin form or may in
corporate so much of the same in their
annual reports as may be of general
interest.
Section D. The salary of all inspectors
working under the County Board of
Horticultural Commissioners shall be
81 % per day. In the case of the Com
mssioners themselves, their compensa-
ton shall be 81 per day when actually
engaged in the performance of their
duties, and itemized necessary
travelling expenses incurred in the dis
charge of their regular duties as pre-
scribed in this Act.
Section q. 1t shall be the duty of the
County Board Of Horticultural Com
missioners to keep a record of their off
cial doings and make a monthly report
to the Board of Supervisors; and the
Board of Supervisors may withhold
warrants for salaries of said members
and inspectors thereof until such time
as said report is made.
: Section 4. An Act entitled "An Act
+, to protect and promote the horticulture,
: interests Of the State" approved March
II. 1881, and certain Acts amendatory
thereof, approved March 10, 1889, and
! March 81, 1891, are hereby repealed
t Section 5. This Act shall take effect
and be in force from and after its
passage.
t WHAT DISQUALIFIES JUDGES.
No bill introduced in the Legislature
? caused so much trouble and bitterness:
: as the one providing under what con
) ditions Judges shall be disqualified
. from sitting in hearing upon cases A.
1 originally drawn, the bill was used a.
r the grounds of q charge by a Sar
Q Francisco paper that brides had beer
. accepted for votes to secure its pass
age, and certain employees of the pape
We're declared to be In contempt by th'
| Senate. Aside from these facts, tn,
Act is of the greatest Importance, ant
as finally approved by the Governor il
as follows:
Section l. Section 40 Of the Code o
Civil Procedure is hereby amended 81
: as to read as follows:
10 No Justice Judge. or Justice o
/ the Peace shall sit or act as such il
: any action or proceeding:
,. l. To which he is party or in which
# he is interested.
> >. When he is related to either party
!, or to any attorney. counsel or agen
of esther party, by consanguinity o.
affinity within the third degree com
puted according to the rules of law.
3. When he has been attorney o.
counsel for either party in the actor
or proceeding.
e t. When it appears from the affidavit
J. or affidavits on file that either party
) cannot have fair and impartial tria
r before any Judge of a court of RECORD
: about to try the case by reason of tht
i prejudice or bias of such Judge. sait
Judge shall forthwith secure the ser
I vices of some other Judge. of the sam,
q CIR another county, to preside at tht
trial of said action or proceeding; pro
ID, vided that in an action in the Su
II perior Court of a county, or of a city
= and county having more than one de
| partment. said action shall be trans
- ferred to another department thereof