HOUSE BILL NO. 143. An Act Entitled, "An Act To Amend Section 32, Title I. Part I. Chapter IV, Of The Code Of Civil Procedure, And To Provide For An Additional Judge For The Second Judicial District Of The State Of Montana. Be It Enacted By The Legislative Assembly Of The State Of Montana: Section 1. That section thirty-two, title one, part one, chapter four, of the code of civil procedure, be amended so as to read: "Section 32. In each judicial district there must be a judge of the district court, who must be elected by the qualified voters of the district, and whose term of office is four years. In the first district there must be two judges, and in the second district there must be three judges." Section 2. That the Governor of this state shall duly appoint some fit and qualified person as additional judge of the said second judicial district, to hold his office until his successor shall be duly elected and qualified. Section 3. The compensation, powers and duties of the said judge of said second judicial district by this Act created, shall be the same as are provided by law and the constitution of the state for district judges. Section 4. That all Acts and parts of Acts in conflict herewith are hereby repealed. Section 5. That this Act shall be in full force and effect from and after the first day of May, A. D. 1901. Approved March 11th. 1901. し SENATE BILL NO. 64. An Act to amend Section 38, of Chapter IV, of Title, I, of the Code of Civil Procedure of the State of Montana, relating to District Courts. Be it enacted by the Legislative Assembly of the State of Montana: Section 1. That Section 38, of Chapter IV, Of Title 1, of the Code of Civil Procedure be amended so as to read as follows: Section 38. The District court of each county which is a judicial district by itself has no terms, must be always open for the transaction of business except on legal holidays and non-judicial days, and must hold its sessions at the county seat. Juries for the trial of causes must be called on the first Monday of every alternate month, if the judge so directs, and oftener if public business requires. In each district where two or more counties are united the judge thereof must fix the term of court in each county in his district, which must be held at the county seat, and there must be at least four terms a year in each county. The judge of such district court must, within ten days after the first day of December of each year, make an order which must designate the times at which the terms of court are to be held in each county in his district during the coming year, beginning with the first day of January following such order, and must cause such order or a copy thereof to be filed in the office of the clerk of the district court in each county in his district, and such clerk must cause the same to be published in some newspaper printed in his county for three successive weeks immediately after the filing of such order, the costs of which shall be a county charge, and no change of time of holding the terms of court so fixed in any county must be made during the year. Provided, that nothing in this Section shall be construed to prevent the calling of a special term of court with or without a jury when in the opinion of the presiding judge the same is necessary. The district judge may adjourn a term of district court in one county to a future day certain and in the mean time hold court in another county. Approved March 7th. 1901. HOUSE BILL NO. 75. An Act Entitled, "An Act to Amend Sections 513 and 514, Chapter III, Title II, Part II, of the Code of Civil Procedure Relating to the Limitation of Time Within Which Actions may be Brought." Be it enacted by the Legislative Assembly of the State of Montana: An action upon a contract, account, promise, obligation, or liability, not founded on an instrument in writing. 2. An action upon a liability created by statue, [statute] other than a penalty or forfeiture. 3. An action for trespass upon real property. 4. An action for taking, detaining, or injuring any goods or chattels, including actions for the specific recovery of personal property. 5. An action for relief on the ground of fraud or mistake. The cause of action in such case not to be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud and mistake. 6. An action to establish a will. Where the will has been lost, concealed, or destroyed, the cause of action is not deemed to have accrued, until the discovery, by the plaintiff, or the person under whom he claims, of the facts upon which its validity depends. 7. An action upon a judgment or decree, rendered in a court not of record. The cause of action, in such case, is deemed to have accrued, when final judgment was rendered. Section 2. That Section 514, Chapter III, Title II, Part II, of the Code of Civil Procedure be amended [so as] to read as follows: Within three years: 1. An action against a sheriff, coroner, or constable, upon a liability incurred by the doing of an act in his official capacity, and in virtue of his office, or by the omission of an offical duty, including the nonpayment of money collected upon an execution. But this subdivision does not apply to an action for an escape. 2. An action to recover damages for the death of one caused by the wrongful act or neglect of another. Section 3. That all Acts and parts of Acts in conflict herewith are hereby repealed. Approved March 11th. 1901. SENATE BILL NO. 23. An Act to amend Section 583, Chapter III, Title VI, Part II, of the Code of Civil Procedure Relating to Pleadings in Civil Actions. Be it enacted by the Legislative Assembly of the State of Montana: Section 1. That Section 683, Chapter III, Title VI, Part II, of the Code of Civil Procedure be amended so as to read as follows: Section 683. If the complaint is amended a copy of the amendments must be filed, or the Court may in its discretion require the complaint as amended to be filed and a copy of the amendments, or amended complaint must be served upon defendants affected thereby. The defendant must answer the amendment or complaint as amended within twenty days after service thereof or such other time as the Court may direct and judgment by default may be entered upon failure to answer as in other cases. Section 2. All Acts and parts of Acts in conflict herewith are hereby repealed. Section 3. This Act shall be in full force and effect from and after its passage and approval of the Governor. Approved Feby 15th. 1901. SENATE BILL NO. 28. An Act To Amend Section 925, Part II, Title VII, Chapter IV, Of The Code Of Civil Procedure, Relating to Attachment and Garnishment. Be it Enacted by the Legislative Assembly of the State of Montana: Section 1. That Section 925 of the Code of Civil Procedure be amended so as to read as follows: Section 925. Money, credits, or other property belonging to or due and owing to another, in the possession of, or under the control of a public officer or board, including all officers or boards of a county, municipal corporation, and school district or state board or state government, may be attached or garnished while in such possession or under such control, by making service as provided in Section 899 of the Code of Civil Procedure, upon the clerk of the county or chairman of the board of county commissioners, the city clerk or mayor of a municipal corporation, or upon the clerk of the board of school trustees or chairman of such board, as the case may be. Section 2. All Acts and parts of acts in conflict with the provisions of this act are hereby repealed. Section 3. This act shall take effect ninety days after its passage and approval by the Governor. Approved March 16th. 1901. SENATE BILL NO. 19. A Bill For An Act to amend Section No. 1080 of the Code of Civil Procedure of Montana, Relating to method of Procedure in the trial of Civil Actions. 10-65 Be it enacted by the Legislative Assembly of the State of Montana: Section 1. That Section 1080 of the Code of Civil Procedure of the State of Montana be and the same is hereby amended, so as to read as follows: Section 1080. When the jury has been sworn, the trial shall proceed in the following order, unless the Court, for good cause and special reason, otherwise directs: 1. The party on whom rests the burden of the issues may briefly state his case and the evidence by which he expects to sustain it. 2. The adverse party may then, or at the opening of his case, briefly state his defense and the evidence he expects to offer in support of it. 3. The party on whom rests the burden of the issues must first produce his evidence; the adverse party will then produce his evidence. 4. The parties will then be confined to rebutting evidence, unless the Court for good reasons, in furtherance of justice, permits them to offer evidence in their original case. 5. When the evidence is concluded, if either party desires special instructions to be given to the jury, such instructions shall be reduced to writing, numbered and signed, by the party, or his attorney, asking the same, and delivered to the Court. Whereupon counsel shall be allowed reasonable opportunity to argue to the Court the adoption or rejection of any instructions offered by counsel or proposed to be given to the jury by the Court. The Court shall either give each instruction, as requested, or positively refuse to do so, or give the instruction with a modification, and shall mark or indorse upon each instruction, so offered, in such manner so that it shall distinctly appear what instructions were given in whole, or |