SAVING CLAUSES. SEC. 109. Nothing in this Act shall be so construed as to Saving affect the validity of any district heretofore organized under clauses. the laws of this State, or its rights in or to property, or any of its rights or privileges of whatsoever kind or nature; but said districts are hereby made subject to the provisions of this Act so far as applicable; nor shall it affect, impair, or discharge any contract, obligation, lien, or charge, for or upon which it was or might become liable or chargeable had not this Act been passed; nor shall it affect the validity of any bonds which have been issued but not sold; nor shall it affect any action which now may be pending. SEC. 110. Nothing in this Act shall be construed as repeal- Repeal. ing or in anywise modifying the provisions of any other Act relating to the subject of irrigation or water commissioners, except such as may be contained in the Act, an Act entitled an Act to provide for the organization and government of irrigation districts, and to provide for the acquisition of water and other property, and for the distribution of water thereby for irrigation purposes, approved March seventh, eighteen hundred and eighty-seven, and the subsequent Acts supplementary thereto, and amendatory thereof, all of which Acts, so far as they may be inconsistent herewith, are hereby repealed. SEC. 111. This Act shall take effect from and after its passage and approval. CHAPTER CXC. An Act to amend section one hundred and seventy of the Code of [Approved March 31, 1897.] The People of the State of California, represented in Senate and SECTION 1. Section one hundred and seventy of the Code of Civil Procedure is hereby amended so as to read as follows: 170. No justice, judge, or justice of the peace shall sit or Judicial act as such in any action or proceeding: 1. To which he is a party or in which he is interested. 2. When he is related to either party, or to an attorney, counsel, or agent of either party, by consanguinity or affinity, within the third degree, computed according to the rules of law. 3. When he has been attorney or counsel for either party in the action or proceeding. 4. When it appears from the affidavit or affidavits on file that either party cannot have a fair and impartial trial before any judge of a court of record about to try the case by reason of the prejudice or bias of such judge, said judge shall forthwith officer may not sit, when. secure the services of some other judge, of the same or another county, to preside at the trial of said action or proceeding; provided, that in an action in the Superior Court of a county, or of a city and county, having more than one department, said action shall be transferred to another department thereof, and tried therein in the same manner as though originally assigned to such department. The affidavit or affidavits alleging the disqualification of a judge, must be filed and served upon the adverse party, or the attorney for such party, at least one day before the day set for trial of such action or proceeding; provided, counter affidavits may be filed at least one day thereafter or such further time as the court may extend the time for filing such counter affidavits, not exceeding five days, and for this purpose the court may continue the trial; and in no one cause or proceeding can more than one such change of Inappli- judges be had. But the provisions of this section shall not apply to the arrangement of the calendar, or to the regulation of the order of business, nor the power of transferring the action or proceeding to some other court, or the hearing upon such affidavits and counter affidavits. cable to, what. Provisions charter CHAPTER CXCI. An Act in relation to elections held under the authority of section eight, of article eleven, of the Constitution, to elect boards of freeholders, or to vote upon proposed charters or upon amendments to existing charters. [Approved March 31, 1897.] The People of the State of California, represented in Senate and SECTION 1. Except in the particulars otherwise provided for holding for in the Constitution, all elections held under the authority of section eight, of article eleven, of the Constitution, to elect boards of freeholders, or to vote upon proposed charters or upon amendments to existing charters, shall be conducted under the provisions of this Act. Duty of boards of ities. SEC. 2. It shall be the duty of boards of municipalities municipal charged with the conduct and carrying on of elections, to district and subdivide the municipalities into special election precincts, for the holding of the elections mentioned in section one of this Act, and to change and alter such precincts, and to redistrict the municipality for such elections as often as occasion may require. Special election precincts. SEC. 3. In establishing such special election precincts, said board shall consolidate the precincts which existed for the holding of the last preceding general election, to a number not exceeding six for each special election precinct, and shall number the special election precincts so established consecu tively, and each precinct so established shall be known as "Special Election Precinct Number SEC. 4. All persons shall be entitled to vote at the elections Qualificamentioned in section one who come within the terms or comply tions of with the requirements of this Act. SEC. 5. Every person who was a qualified elector at the general election immediately preceding the holding of any of the elections mentioned in section one of this Act, and who was upon the great register of the county, or city and county, where any such municipality is situated, as a qualified elector of any one of the precincts which compose a special election precinct, and who continues to reside within the exterior boundaries of such special election precinct until the time of the holding of the election herein provided for, shall be entitled to vote at said election without other or additional registration. electors. tion SEC. 6. All other persons claiming to be entitled to vote at Registraany of the elections provided for in this Act must be registered necessary. upon the great register of the county, or city and county, within which such municipality is situated, as an elector of and within one of the precincts which compose the special election precinct wherein he claims to be entitled to vote. Such registration must take place at least fifteen days prior to the election; and it shall be the duty of the County Clerk of the county, or city and county, within which such municipality is situated, and in those counties or cities and counties wherein the County Clerk is not the officer charged with the duty of registering voters, then of the officer so charged, to keep his office open for fifteen days prior to the fifteenth day preceding any such election for the registration of voters who may desire to vote at such election. SEC. 7. The boards of said municipalities charged with the Election conduct of elections shall appoint a board of election for each boards. special election precinct, to consist of two judges and two clerks, who shall apportion among themselves the work and labor required to conduct such election within their respective special election precincts. But one poll list need be kept, and but one register. These shall be returned to the proper officers as a part of the official returns. registers SEC. 8. The great register used in each special election Great precinct shall consist of a copy of the great register of the to be used. county, or city and county, used at the general election immediately preceding the holding of any election provided for in this Act, in the precincts which compose the special election precinct, together with a certified list of the persons who, by registration had since such general election, are entitled to vote at any of the elections herein provided for within the special election precinct for which such certified list is prepared. Said list shall be certified for the use of and delivered to the board of election of each special election precinct by the County Clerk of the county, or city and county, in which such municipality exists, and in those counties, or cities and counties, where an officer other than the County Clerk is charged with the duty or clothed with the authority for the registration of voters, then Qualifications of electors. Law applicable. by such officer. In the event that precinct registers were used at the last preceding election, then it shall be the duty of the County Clerk or the other officer aforementioned to furnish a copy of the precinct register of each of the precincts which compose said special election precinct to the board of election. for each special election precinct, in addition to the supplementary list above mentioned. SEC. 9. No person shall be entitled to vote at any election provided for in this Act unless his name appear upon the great register or precinct register as a voter within the exterior boundaries of the special election precinct, or unless his name is enrolled upon the supplementary list herein provided for, nor unless, according to the Constitution and laws of this State, he is entitled to vote thereat. SEC. 10. The provisions of law which would be applicable to the elections mentioned in section one of this Act, but for the passage hereof, shall, nevertheless, control the said elections as to the matters for which no provision is herein contained. SEC. 11. This Act shall take effect immediately. Appropriation for CHAPTER CXCII. An Act making an appropriation to pay the deficiency incurred by calling the National Guard of California into service, by order of the Governor, in 1894. [Approved March 31, 1897.] The People of the State of California, represented in Senate and SECTION 1. The sum of fifty-four dollars and seventy-five cents is hereby appropriated, to pay the expenses incurred by for N. G. C. calling the National Guard of California into service, by order of the Governor, in eighteen hundred and ninety-four, to be paid to Peter Flaherty for meals furnished the National Guard (this claim having been approved by the State Board of Examiners), and the State Controller is hereby authorized to draw his warrant for the same, and the State Treasurer is directed to pay the same. SEC. 2. This Act shall take effect immediately. CHAPTER CXCIII. An Act making an appropriation to pay the deficiency in the [Approved March 31, 1897.] The People of the State of California, represented in Senate and Frank H. SECTION 1. The sum of six hundred and twenty-seven dollars Appropriaand ten cents is hereby appropriated to pay the claim of Frank tion to pay H. Lombard, for services rendered to the State Board of Rail- Lombard. road Commissioners (the same having been approved by the State Board of Examiners), and the State Controller is hereby authorized to draw his warrant for the same, and the State Treasurer is directed to pay the same. SEC. 2. This Act shall take effect immediately. CHAPTER CXCIV. An Act making an appropriation to pay the deficiency in the appropriation for the forestry stations for the forty-sixth fiscal The People of the State of California, represented in Senate and Assembly, do enact as follows: tion for stations. SECTION 1. The sum of eight hundred and ninety-nine Appropriadollars and thirty-seven cents is hereby appropriated to pay deficiency, the deficiency in the appropriation for forestry stations for the forestry forty-sixth fiscal year (this account having been approved by the State Board of Examiners), and the State Controller is hereby authorized to draw his warrant for the same, and the State Treasurer is directed to pay the same. SEC. 2. This Act shall take effect immediately. CHAPTER CXCV. An Act making an appropriation to pay the deficiency in the appropriation for care of state burial grounds, for services rendered by W. C. Farnsworth. [Approved March 31, 1897.] The People of the State of California, represented in Senate and Assembly, do enact as follows: tion for SECTION 1. The sum of eight dollars and ninety-nine cents Appropriais hereby appropriated to pay the deficiency in the appropria- deficiency, tion for care of state burial grounds, to pay the claim of W. C. worth. W.C.Farns |