The Kalispell bee. [volume] (Kalispell, Mont.) 1900-192?, 1903-12-29

which said action OF proceeding may
be pending
Sec. 2. AN acts and parts of acts,
in conflict with this act. are hereby
repealed.
Sec 8 This act shall take effect
and be in force from and after its
passage.
Senator Meyers Measure.
An act to amend chapter w., IT,
tie w.. part H.. code of civil proceed
ure, by adding thereto after section
GIG two additional sections to be
numbered 62O and G21, relating to the
payment of costs on the disquaifica-
ton 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 l. That chapter w.. title
w., part H., code of civil procedure
be, and the same is. hereby amended
by adding thereto after section GIG
two sections to be numbered 620 and
CPL. and to read as follows:
Section $50. Where an affidavit
|
vided in the fourth subdivision of sec
ton els, 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 affidavit
was filed, and such costs so paid shall
not be recoverable in the action or
proceeding.
Section 621. In case of a change
of the place of trial from one county
to another, as provided for i'm section
615 of this code, the county in which
the action or proceedings is tried
shall recover from the county in
which the action was commenced all
additional costs or expenses that may
have been incurred by such county
by reason of extra jurors or bailiffs'
fees. or other court expenses incur
red by such county by reason of the
nearing or trial Of said action. mo-
tion or proceeding; such extra costs
shall be allowed by the court, and the
clerk OF the court of such county
shall certify the same to the board
CT county commissioners of the coun-
ty in which said action. motion or
proceeding was commenced, and said
board shall allow and cause the same
to be paid"
Sec. g AN acts and parts of acts
in conflict with this act, are hereby
repealed.
Sec. 3. This act shall take effect
no N off
passage.
Senator Hoffmans Bill.
An act to amend section 81 of the
code Of civil procedure. relating to
the duties and powers of the supreme
court on appeals
Be it encted by the legislative as
sembly of the state of Montana:
Section 1. That section 81 of the
code of civil procedure be, and the
same is. hereby amended so as to
read as follows:
Sec 81. The supreme court may
affirm, reverse or modify any judg-
ment or order appealed FROM and
may direct the proper Judgment or
order to be entered. or direct a new
trial or further proceedings to be had
The decision of the court must be
given in writing and syllabus
thereof must be prepared by the
court and filed with the opinion and
in giving it's decision, if new trial
be granted. the court must pass upon
and determine all the questions of
law involved in the case, presented
upon such appeal and necessary to
the final determination of the case.
It's judgment in appealed cases must
be RENTED to the court from which
the appeal was taken. In equity
cases and in matters and proceed
ings of an equitable nature the ST.
preme court shall review all ques-
tions of fact arising upon the evil
dence presented in the record, wheth-
err the same be presented by specifi-
cations of particulars in which the
evidence is alleged to be sufficient or
not. and determine the same. as we'll
as questions of law, unless, for good
cause, new trial or the taking of
further evidence in the court below
be ordered; provided. that nothing
herein shall be construed to abridge,
in any manner. the powers of the SUI
rrame court in other cases"
Sec. 2. All acts and parts of acts
in conflict with this act are hereby
repealed.
Sec. g. This act shall take effect
and be in force from and after it's
passage.