Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1903-12-23
FULL TEXT OF
THE NEW LAWS
The Bills Passed by the Extraordinary
Session Of the Legislature Civ
en- to the Public.
FAIR TRIALS ARE NOW ASSURED
Under the Dugan Law Five Judges
May be Disqualified by Each Side
to a Controversy.
(Anaconda S%tandard.)

full text OF the laws enacted by the
Eighth legislature in extraordinary
session, which deal with the fair trial
question. The subject with which
these measures deal is of such gen.
eral importance that the public will
be interested in studying the new
laws in detail.
The Dugsan Bill.
An act entitled, 'An act to amend
section 1870 of the code of civil proceed
ure, relating to the disqualification of
judges"
Be it enacted by the legislative as
sembly of the state of Montana:
Section /. That section $50 of the
code of civil procedure be, and the
same is. hereby amended to read as
follows:
Section $50. Any justice, judge or
justice of the peace must not sit or
act as such in any action or proceed.
ing:
Il. ~ WHICH uc 10 d party vi III
which he is interested.
"2. When he is related to either
party by consanguinity or affinity
within the sixth degree. computed ac-
cording to the rules OF law.
"3. When he has been attorney or
counsel for either party In the action
or proceeding, or when he rendered
or made the judgment, order or decis-
ion appealed from.
"a. When either party makes and
files an affidavit as hereinafter pro-
vided, that he has reason to believe.
and does believe, he can not have a
fair and impartial hearing or trial be-
fore a district Judge by reason of the
bias or prejudice of such Judge. Such
affidavit may be made by any party
to an action, motion or proceeding,
personally, or by his attorney OF ag-
ent, and shall be filed with the clerk
of the district court in which the same
may be pending at any time before
the day appointed or fixed for the
hearing or trial of any such action,
motion or proceeding. Upon the filing
of the affidavit the Judge as to whom
said disqualification is averred shall
be without authority to act further in
the action, motion or proceeding, but
the provisions of this section do not
apply to the arrangement of the cal
endar, the regulation of the order of
business, the power of transferring
the action or proceeding to some 9TH
er court, moi to the power of calling
in another district Judge to sit and
act in such action or proceeding. No
more than five judges can be dis
qualified for bias or prejudice in said
action or proceeding at the instance
of the plaintiff. and no more than
five at the instance of the defendant
in said action or proceeding. and this
Limitation shall apply however many
parties or persons in interest may be
plaintiffs or defendants in such ac-
ton or proceeding"
Sec. 2. All acts and parts of acts
in conflict with this act are hereby
repealed.
Sec. 3. This act shall take effect
and be in force from and after its
passage and approval by the COVER
nor.
The Self Bill.
An act entitled, IAN act to amend
section 615 of the code of civil pro.
cedure relating to the change of the
place of trial of civil actions"
Be it enacted by the legislative as
sembly of the state of Montana:
Section l. That section 615 of the
code of civil procedure be, and the
same is, hereby amended so as to
read as follows:
Section 615. The court or judge
must, on motion, change the place
of trial in the following cases:
~. When the county designated In
the complaint is not the proper coun-
ty.
80. When there is eason to believe
that an impartial trial can not be
had therein.
"3. When the convenience of wit.
nesses and the ends of justice would
be promoted by the change.
"a. When, from any cause, the
Judge Is disqualified from acting; but
in case the parties shall agree in writ.
ing upon another district Judge, or
upon a member of the bar as judge
pro tempore, as provided for by the
constitution; or il any qualified dis
trict Judge shall be called in and shall
within thirty days after the motion is
made, appear and assume Jurisdiction
of the cause and Of ali matters and
proceedings therein, no change of the
place of trial shall be made. If such
judge shall so appear he shall be vest,
ed with, and shall exercise. in said
cause, all the authority of the judge
of the district in which said action or
proceeding may be pending"
Sec. 2. All acts and parts of acts.
in conflict with this act, are hereby
repealed.
Sec. 3. This act shall take effect
and be in force from and after its
passage.
Senator Meyers Measure.
IAN act to amend chapter w, IL
tie w, part H., code of civil proceed.
ure, by adding thereto after section
619 two additional sections to be mum
bered $40 and 81, relating to the pay
ment of costs on the disqualification
of a judge or the change of place OF
trial in civil actions"
Be It enacted by the legislative as
sembly Of the state of Montana:
Section /. That chapter w., title
w., part H., code OF civil procedure
be, and the same is, hereby amended
by adding thereto after section els
two sections to be numbered $40 and
81, and to read as follows:
Section $40. Where an affidavit Il
filed disqualifying a judge, as provid
ed In the fourth subdivision of sec
tion 615, after the action or proceed
ing is set for trial or hearing, the
party filing the same shall pay to the
opposite party all costs necessarily
incurred in securing the attendance
of witnesses between the date the or
der was made fixing the day of hear
ing or trial and the time the affidaviI