The Kalispell bee. [volume] (Kalispell, Mont.) 1900-192?, 1903-12-29
THE NEW LAWS.
The Bills Passed by the Extraordi-
nary Session of the LEGISLATURE

The Bills Passed by the Extraordi-
nary Session of the Legislature
The full text of the laws enacted
by the Eighth legislature in extraor-
binary session which deal with the
fair trial question follow The sub
Ject with which these measures deal
is of such general importance that
the public will be interested in study
ing the new laws in detail.
The Duggan Bill.
An act entitled. AN act to amend
section 1870 of the code of civil pro-
cedure. relating to the disqualified
ton of Judges"
Be it enacted by the Legislative as
sembly of the state on Montana.
Section l. That section $50 of the
code of civil procedure be. and the
same is, hereby amended to read as
follows:
Section 1870. Any Justice, judge
or justice of the peace must not sit
or act as such in any action or pro-
ceeding:
81. To which he is a party or i'm
which he is interested
so. When he is related to either
party by consanguinity or affinity
within the sixth degree, computed ac-
cording to the rules or law.
90. 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 de-
cision appealed from.
"a. When either party makes and
oyN a Irry
vided, that he has reason to believe.
and does believe, he cannot have a
fair and impartial hearing or trial be-
fore 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 or ag-
ent, and shall be filed with the clerk
of the district court in which the
same may be pending at any time be-
fore the day appointed or fixed for
the hearing or trial of any such ac-
ton. motion or proceeding. Upon the
filing of the affidavit the judge as to
whom said disqualification is averred
shall be without authority to act fur
Their in the action. motion or proceed
ing, but the provisions of this sec
ton do not apply to the arrangement
of the calendar. the regulation of the
order of business. the power of trans
ferring the action or proceeding to
some other court. nor to the power
of calling in another district Judge
TO sit and act in such action or pro-
ceeling. No more than five Judges
can be disqualified for bias or pre-
judice 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 proceed
ing. and this limitation shall apply,
however many parties or persons in
interest may be plaintiffs or defend
ants in such action 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 it's
passage and approval by the COVER
nor.
The Self Bill.
An act entitled, can act to amend
section 6lo 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 I. 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:
81. When the county designated
in the complaint is not the proper
county
"2. When there is reason to be-
lieve that an impartial trial can not
be had therein.
SO. 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
writing upon another district Judge,
or upon member of the bar as Judge
pro tempore, as provided for by the
constitution; or if any qualified dis
tiYict Judge shall be called in and shall
within thirty days after the motion
is made appear and assume jurisdic-
ton of ~ cause and of all matters
and proceedings therein. no change
of the place of the trial shall be
made. If UGH Judge shall so appear
he shall be vested with, and Shall ex-
ercise in said cause. all the author