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CH. 148.] SESSION LAWS, 1941.

where no submission shall be necessary, the commoncouncilor other corporate authorities of such cityor town shlal have power to/ proceed forthwith topurchase, construct and acquire the public utilitycontemplated or to makeakeadditions, betterments and

extensions thereto and to make, payment therefor as

hereinafter provide/din section 3 and.4hereof.

Passed the House February 27, 1941. Passedye Senate March 11, 1941.

Approved by the Governor March 21, 1941.

CHAPTER 148. H. B. 152. 1 _.

417

Procedurewhen no

election.

DISQUALIFICATION OF JUDGES OF SUPERIOR COURTS.

AN ACT relating to the disqualification of Judges of the SuperiorCourts, amending section 2 of chapter 145 of the Laws of1927 ( section 209 -2 Remington' s Revised Statutes).

Be it enacted by the Legislature of the State ofWashington:

SECTION 1. _ That section 2 of chapter 145 of the

Laws of 1927, page 129 ( section 209 -2 of Reming- ton' s Revised Statutes), be amended to read as

follows:

Section 2. Any party to or any attorney appear- ing in any action or proceeding in a .superior Court, may establish such prejudice by motion, supportedby affidavit that the Judge before whom the actionis pending is prejudiced against such party or at- torney, so that such party or attorney cannot, or be- lieves that he cannot, have a fair and impartial trial

before such Judge: Provided, That such motion and

affidavit is filed and called to the attention of the

Judge before he shall have made any ruling what- soever in the case, either on the motion of the party

making the affidavit, or on the motion of any otherparty to the action, of the hearing of which the party

14

SAX?

Amend- ments.

Affidavit ofprejudice.

Proviso.

418 SESSION LAWS, 1941. [ Cu. 149.

making the affidavit has been given notice, and be- fore the Judge presiding has made any order or

Exceptions. ruling involving discretion, but the arrangement ofthe calendar, the setting of an action, motion or pro- ceeding down for hearing or trial, the arraignmentof the accused in a criminal action or the fixing ofbail, shall not be construed as a ruling or order in- volving discretion within the meaning of this proviso; and in any event, in counties where there is but oneresident Judge, such motion and affidavit shall be

filed nothaterthan the day on which the case iscalled to be set foLtrial.:. And provided further, That

notwithstanding the filing of such motion and af- fidavit, if the parties shall, by stipulation in writingagree, such Judge may hear argument and rule uponany preliminary motions, demurrers, or other mat-

Limited to ter thereafter presented: And provided, further, one motion.

That no party or attorney shall be permitted to makemore than one such application in any action or pro- ceeding under this act.

Passed the House March 12, 1941.

Passed the Senate March 12, 1941.

Approved by the Governor March 21, 1941.

miCodee

omSECTION 1. The State Law Librarian, the Law

created.

Executive Secretary of the Judicial Council are

CHAPTER 149. f H. B. 205. 1

CODE COMMITTEE.

AN ACT to mai e, q form and prepetual the citations of laws of

this state for Compilations and codifications thereof

and declaring an emergency.

enacted by the Legislature of the State ofWashington:

Librarian of the University of Washington, and -the _

I128 SSS ON LAwS, 1927. [ C11. 145.

Sale oflivestockfor charges.

Notice.

1, Ch. 121, L. 1911 ;

209 -1 Rem. Stets. ;

8546,

Pierce' s1919 Code.

Judgeprejudiced.

Transfer toanother

judge.

Section 1981. If said property consists of livestock, the maintenance of which at the place wherekepis . wasteful and expensive in proportion to the-- value oft animals, or consists of perishable -prop- erty liable, tfkept to destruction, wasteor great

depreciation, the pens. nn,, firm poration hav-

ing such lien may sell the saa e < p_ giving ten days' notice.

Passed the Senate' J.anuary 19, 1927. Passed the House February 2, 1927. Approved/by the Governor February 16, 1927.

CHAPTER 145. S. B. 64.]

CHANGE OF VENUE OR OF JUDGES.

Ax AcT relating to the disqualification of judges of the superior

courts, and providing for change of venue or change of judges

on account thereof, and amending Chapter 121 of the Lawsof 1911.

Be it enacted by the Legislature of the State ofW ashington:

SECTION 1. That section 1 of chapter 121 of the

Laws of 1911, page 617 ( section 209 -1 of Reming- tori' s Compiled Statutes; section 8546 of Pierce' s

1919 Code), be amended to read as follows : Section 1. No judge of a superior court of the

State of Washington shall sit to hear or try anyaction or proceeding when it shall be established, as hereinafter provided, that such judge is preju-

diced against any party or attorney, or the interestof any party or attorney appearing in such cause. In such case the presiding judge shall forthwithtransfer the action to another department of the

same court, or call in a judge from some other court,

or apply to the governor to send a judge, to try the

Cu. 145.] SESSION LAWS, 1927.

case ; or, if the convenience of witnesses or the ends

of, justice will not be interfered with by such course, and the action is of such a character that a change

of venue thereof may be ordered, he may send thecase for trial to the most convenient court: Pro-

vided, That in criminal prosecutions the case shall

not be sent for trial to any court outside the countyunless the accused shall waive his right to a trial bya jury of the county in which the offense is allegedto have been committed.

SEC. 2. That section 2 of chapter 121 of the pi, si 121,

Laws of 1911, page 617 ( section 209 -2 of Reming- s2ta9t2, Rem.

ton' s Compiled Statutes; section 8547 of Pierce' s Perce' °s

1919 Code), be amended to read as follows : 1919 Code.

Section 2. Any party to or any attorney appear- Affidavit of

ing in any action or proceeding in a superior court, prejudice.

may establish such prejudice by motion, supported

by affidavit that the judge before whom the actionis pending is prejudiced against such party or attor- ney, so that such party or attorney cannot, or be-

lieves that he cannot, have a fair and impartial trial

before such judge : Provided, That such motion and Time motion

affidavit is filed and called to the attention of the must

and a

be

didavit

filed.

judge before he shall have made any ruling whatso- ever inthe case either on the motion of the partymaking the affidavit, or on the motion of any otherparty to the action, of the hearing of whichtheparty making the afficla.vit has been given notice, andbefore the judgepresidingha made anyorder or

ruling involving discretion, at the arrangement ofthe calendar, the setting of an action, motion orpro-

ceeding down for hearing' or trial, the arraignmentof the accused in a criminal action or the fixing of

129

When

change of

venue.

Conditionfor changein criminalprosecutions.

bail, shall be construed as a ruling or orderinvolving 1 scretion withintheemning of_ this_

proviso : And provided, further, That no' party orattorney shall be permitted to make more than one

5

Only oneapplication.

130 SESSION LAWS,, 1927. [ CH. 146-147.

such application in any action or proceeding underthis act.

Passed the Senate January 21, 1927. Passed the House February 2, 1927. Approved by the Governor February 16, 1927.

Statuterepealed.

Statutesrepealed.

CHAPTER 146. S. B. 65.]

CORPORATION FEES.

N ACT relating to fees to be paid to the Secretary of State by

corporations, and repealing Chapter LXX of the Laws of 1897:

Be "it enacted by the Legislature of the State ofWashington:

SEc ION 1. That chapter LXX ( 70) $ f the Laws

of 1897, ages 134 -135, is hereby repealed. Passe the Senate January 19/ 1927.

Passed he House February/2, 1927. Approve o by the Governor February 16, 1927.

CHAPTER 147. 5. B. 66.]

VACANCIES IN THE OVICE OF JUSTICES OF THE PEACE.

AN ACT relating/to vacancis in the office of justices of the peace,

and repealing certain acts in relation thereto.

Be it enacted by the Legislature of the State ofWashington:

SECTION 1. That sectio , s 1696 to 1701, bath in-

clusive, of the Code of Waa hington Territory of1881, are hereby repealed.

Passed the Senate January 191927. Passed the House February 2, 1927. Approved by the Governor Februa.'ry 16, 1927.

CH. 121. 1 SESSION LAWS, 1911.

CHAPTER 121.

S. B. 230.]

RELATING TO DISQUALIFICATION OF JUDGES OF

SUPERIOR COURTS.

AN ACT relating to the disqualification of judges of the superior

courts, and providing change of venue or change of judgeson account thereof.

Be it enacted b y the Legislature of the State of Washington: SECTION 1. No judge of a superior court of the State

of Washington shall sit to hear or try any action or pro- ceeding when it shall be established, as hereinafter pro-

vided, that such judge is prejudiced against any partyor attorney, •or the interest of any party or attorneyappearing in such cause. In such case the presiding judgeshall forthwith transfer the action to another department

of the same court, or call in a judge from some other

court, or apply to the governor to send a judge, to trythe case ; or, if the convenience of witnesses or the ends

of justice will not • be interfered with by such course, andthe action is of such a character that a change of venue

thereof may be ordered, he may send the case for trial tothe most convenient court.

SEC. 2. Any party to or any attorney appearing inany action or proceeding in a superior court, may estab- lish such prejudice by motion supported by affidavit thatthe judge before whom the action is pending is prejudicedagainst such party or attorney, so that such party or at- torney cannot, or believes that he cannot, have a fair andimpartial trial before such judge: Provided, further, That

no party or attorney shall be permitted to make more thanone application in any action or proceeding under this act.

Passed by the Senate February 21, 1911.

Passed by the House March 9, 1911. Approved by the Governor March 18, 1911.

617

See § 209-210, - Rem.- Bal. ]

Prejudiceestablished.

Order changeof venue.

See § 209 -210, Item. -Bal.]

Establishby •aflldavit