UNIVERSITY Of WASHINGTON GALLAGHER LAW LIBRARY 1100 NE CAMPUS PARKWAY SEATTLE WA 98105-6617
KFW25.2 1885 .P5 1900 Washington (State) Laws of Washington : INCLUD ING ALL THE GENERAL LAWS ENACTED BY the Legislature of the Territory of Washington
AT THF___SESSION_________

The
John T. Condon Collection Univ, of Wash. LawLAWS
OF
WASHINGTON
Including all the General Laws enacted by the Legislature of the Territory of Washington' at the Sessions of
J 8 8 7-8 , 1 8_8 5 Ai., 1883
FROM THE
ORIGINAL ROLLS
Indexed, the Index including all local and private laws, with table of corresponding paging with
Public Printer’s copy
COMPILED BY
FRANK PIERCE
OF THE SEATTLE BAR
Seattle, Washington Tribune Printing Co., Publishers 19 0 0
The
John T. Condon
Collectio5^^
QI
Copyright 1900
By Frank Pierce17834
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SESSION ACTS OF 1887-8.
AN ACT
TO AMEND SECTION TWENTY-THREE HUNDRED AND NINETEEN (2319) OF THE CODE OF WASHINGTON TERRITORY, IN RELATION TO ACKNOWLEDGMENTS.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That section 2319 of the code of Washington Territory in relation to acknowledgments be amended so as to read as follows:
Section 2319. Acknowledgments of all deeds, mortgages and other instruments in writing that are required to be acknowledged by any laws of this Territory may be made and taken in any foreign country beyond the limits of the United States, before any minister plenipotentiary, secretary of legation, charge d’affairs, consul general, consul, vice consul or commercial agent appointed by the government of the United States, or before the proper officer of any court of said country, or before the mayor or other chief magistrate of any citv town or other municipal corporation therein.	’ ’
Sec. 2. This act to take effect after its approval by the Governor.
Approved January 27, 1888.
AN ACT
TO AMEND SECTION 1859, OF CHAPTER CXXVI, OF THE CODE OF WASHINGTON, RELATING TO APPEALS TO THE DISTRICT COURT.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That section 1859 of the code of Washington be, and the same is hereby amended so as to read as follows:LAWS OF WASHINGTON
Section 1859. Such appeal shall be taken by filing a notice of appeal with the justice, and serving a copy on tne adverse party or his attorney, and, unless such appeal be by a county, filing a bond or undertaking, as in the next section provided, within twenty days after the judgment is rendered or the decision made. No appeal, except when such appeals are by a county, shall be allowed in any case, unless a bond or an undertaking shall be executed on the part ot tne appellant and filed with and approved by the justice, with one or more sureties in the sum of one hundred dollars, to die effect that the appellant will pay all costs that may be awarded against him on the appeal; or if a stay of proceedings e fore the justice be claimed, except by a county, a bond 01 undertaking, with two or more sureties, to be approved bv t - e justice, in a sum equal to twice the amount of the ju and costs, to the effect that the appellant will pay sue1; ment, including costs, as may be rendered against the appeal.	, ,	. r	,
Sec. 2. This act to take effect find be in fwe " after May firsts 1888.
Approved January 31, 1888.
AN ACT
IN RELATION to appeals form the district courts of THIS TERRITORY.
Be- it enacted by the Legislative Assembly of the Territory of Wafe'liiiigton':	i ; v-
Section 1. That in all cases where a final judgment or decree shall’ be rendered by any district court of this Territory in a cause wherein a‘temporary injunction or.restraining order has been granted and the party at whose instance said restraining order or injunction was granted, shall appeal from said judgment or decree to the supreme court of this Territorv, such restraining order or injunction shall remain in force until said appbal is finally determined, if said appellant shall cause to be executed before the clerk of the court which rendered such judgment or decree a bond in a sum to be fixed by the court with one or more sureties to be approved by said clerk to the effect that the appellant shall pay to the appellee all costs and damages that may be adjudged against the appellant on the appeal, and all damages and costs which may accrue by reason of said injunction or restraining order.LAWS OF WASHINGTON
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Sec. 2. This act shall take effect and be in force from and after its passage and approval.
Approved February 2, 1S88.
AN ACT
IN RELATION TO APPEALS FROM THE SUPREME COURT OF THIS TERRITORY.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That in all cases where a final judgment or decree shall be rendered by the supreme court of this Territory, in a cause wherein a temporary injunction or restraining order has been granted, and the party at whose instance said restraining order or injunction was granted, shall appeal from said judgment or decree to the supreme court of the United States, such restraining order or injunction shall remain in force until said appeal is finally determined, if said appellant shall cause to be executed before the clerk of the court which rendered such judgment or decree, a bond in a sum to be fixed by the court, with one or more sureties to be approved by said clerk, to the effect that the appellant shall pay to the appellee all costs and damages that may be adjudged against the appellant on the appeal and all damages and costs which may occur by reason of said injunction or restraining order.
Sec. 2. This act shall take effect and be in force from and after its passage and approval.
Approved February 2, 1888.
AN ACT
RELATING TO THE CRIME OF ARSON AND TO PROVIDE PUNISHMENT THEREFOR.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. Every person who shall unlawfully and maliciously set fire to the unoccupied dwelling house owned by himself or by any other person, whereby such unoccupied dwelling house shall be burned or injured by fire, shall be deemed guilty of arson and on conviction thereof shall be imprisoned in the penitentiary not more than ten yearsG
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nor less than one year or in the county jail not more than six months nor less than one month, and be fined in any sum
not exceeding one thousand dollars.
Sec. 2. This act shall take effect and be enforced from and after its passage and approval by the Governor.
Approved February 2, 1888.
AN ACT
APPROPRIATING ONE THOUSAND DOLLARS FOR THE PURPOSE OF SINKING AN ARTESIAN WELL IN YAKIMA COUNTY UPON CONDITION THAT THE COUNTY COMMISSIONERS OF SAID COUNTY APPROPRIATION (APPROPRIATE) A LIKE SUM AND PROVIDING FOR THE DISBURSEMENT THEREOF.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That the sum of one thousand dollars be, and is hereby appropriated out of the general fund of the Territory, for the purpose of sinking an artesian well in Yakima county, provided, that the county commissioners of said county appropriates a like amount for such purpose.
Sec. 2. That the county commissioners for the purposes of this act shall be, and are hereby empowered, to appropriate and draw orders upon the treasurer of said county for the said sum of one thousand dollars; said orders to be charged to the general fund of the said county.
Sec. 3. That the county commissioners of the said county shall locate the said well in that portion of the said county known as Horse Heaven.
Sec. 4. That after locating the said well the said commissioners shall advertise for bids to sink said well in accordance with specifications to be adopted by them, and they shall from time to time as the work progresses make an examination thereof, and as each one hundred feet of the well is satisfactorily completed, said commissioners shall certify to the territorial auditor the amount of money due to the contractors, and the said auditor shall thereupon draw warrants from time to time upon the territorial treasurer in favor of the said contractors for one half of such amount, the other half from time to time to be paid by the said county as herein before provided for.
Sec. 5. The condition of the contract obligating th Territory and said county, shall not extend beyond findin flowing water, or in case flowing water is not obtained, beyond expenditure of the sum hereby appropriated and au-
a? beLAWS OF WASHINGTON
thorized to be appropriated by the said county except as hereinafter provided for.
Sec. 6. Should the money hereby appropriated and the like amount authorized to be appropriated by the said county be insufficient to sink said well, the said county commissioners are authorized, if they deem it expedient, from time to time to continue said work at the expense of the county.
Sec. 7. This act shall take effect and be in force from and after its passage and approval by the Governor.
Approved February 2, 1888.
AN ACT.
TO CREATE THE OFFICE OF ATTORNEY GENERAL FOR THE TERRITORY OF WASHINGTON, DEFINE THE DUTIES OF THE OFFICE AND FIX THE COMPENSATION.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That the office of attorney-general for the Territory of Washington be, and is hereby created.
Sec. 2. That the attorney-general shall be appointed by the Governor, by and with the advice and consent of the council as soon as may be after the approval of this act, and shall hold his office for the term of two years, and until his successor is appointed and qualified.
Sec. 3. That the person appointed to the office of attorney-general of this Territory shall be learned in the law and shall be a qualified practitioner before the supreme and district courts of this Territory.
Sec. 4. That before entering upon the duties of his office, the attorney-general shall be commissioned by the Governor and shall take the following oath, to wit: “I do solemnly swear (or affirm) that I will support the constitution of the I nited States, the organic act and laws of Washington Territory, and that I will faithfully and impartially discharge the duties imposed upon me by law to the best of my abilities.” He shall also execute a bond to the Territory of W ashington in the sum of five thousand dollars, with sureties, to be approved by the Governor, conditioned for the faithful performance of his duties ,and the paying over all moneys as provided by law; the bond with his oath of office and approval of the Governor endorsed thereon, shall be forthwith deposited with the Secretary of the Territory.
Sec. 5. Whenever the Governor shall deem any bond filed by the attorney-general insufficient, he may require ad-8
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ditional bond, in any penalty not exceeding five thousand dollars; and if any person appointed to the office of attorney-general shall fail to give bond or take the oath required of him, within thirty days after he is appointed, the office shall be deemed vacant, and if being required additional bond as herein provided, he fails to furnish the same within twenty days after notice of such requirement, his office may, in the discretion of the Governor, be declared vacant and filled as provided by law.
Sec. G. The duties of the attorney-general shall be:
1st. To appear for and represent the people of the Territory before the supreme court in all cases in which the Territory or the people of the Territory are interested.
2nd. To institute and prosecute all actions and proceedings in favor of, or for the use of the Territory, which may be necessary in the execution of the duties of any territorial officer.
3d. To defend all actions and proceedings against any territorial officer, in his official capacity, in any of the courts of this Territory or the United States.
4th. To consult and advise the several district prosecuting attorneys in matters relating to the duties of their office; and when in his judgment the interest of the people of the Territory require it, he shall attend the trial of any party accused of crime and assist in the prosecution.
5th. To consult with and advise the Governor and other territorial officer, and give, when requested, written opinions upon all legal or constitutional questions relating to the duties of such officers respectively.
6th. To prepare, when necessary, proper drafts for contracts and other writings relating to subjects in which the Territory is interested.
7th. To give written opinions, when requested by either branch of the legislative assembly or committees thereof, upon constitutional or legal questions.
Sth. To enfore the proper application of funds appropriated to the public institutions of the Territory and to prosecute corporations for failure or refusal to make the reports required by law.
9th. To keep in proper books a register of all cases prosecuted or defended by him, in behalf of the Territory or its officers, and of all proceedings had in relation thereto, and to deliver the same to his successor in office.
10th. To keep in his office a book in which he shall record all the official opinions given by him during his term of office, which book shall be by him delivered to his successor in office.LAWS OF WASHINGTON
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11th. To pay into the territorial treasury all moneys received by him for the use of the Territory.
12th. To attend to, and perform any other duties which may, from time to time, be required of him by law.
Sec. 7. It shall be the duty of the attorney-general to prepare and report to the Governor and the legislative assembly, at or before the commencement of each biennial session of the legislature, in the manner provided by law, a concise statement of all matters pertaining to his official duties, making such suggestions for lessening the public expenses and promoting frugality in the public offices as shall be deemed expedient and proper.
Sec. 8. The attorney-general shall receive an annual salary of eighteen hundred dollars, payable out of the territorial treasury. He shall also receive the further sum of ten per centum on all money collected and paid into the territorial treasury, upon legal process instituted to enforce the payment of any claim due the Territory for money, property or damages which per centum, in addition to the other legal costs incident to the procedure, shall, unless otherwise directed by the court, be paid by the party defendant, and allowed as costs in the action.
Sec. 9. This act to take effect and be in force from and after its passage.
Approved January 28, 1888.
AN ACT
TO REGULATE THE FEES OF ATTORNEYS IN JUDGMENTS ON PROMISSORY NOTES AND SIMILAR INSTRUMENTS IN WRITING.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That in all judgments or promissory notes and similar instruments in writing, whether secured by mortgage or not, an attorney’s fee may be allowed when specially contracted to be paid by the terms of the note or mortgage, in any amount so specially contracted.
Sec. 2. All acts, or 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 its passage and approval by the Governor.
Approved January 27, 1888.10
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AN ACT
AUTHORIZING AND EMPOWERING THE ORGANIZED COUNTIES OF WASHINGTON TERRITORY TO ISSUE AND DISPOSE OF BONDS TO PROVIDE FUNDS TO PAY OUTSTANDING INDEBTEDNESS, AND TO PROVIDE FOR THE PAYMENT OF THE PRINCIPAL AND INTEREST THEREOF.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That each and every organized county of this Territory is hereby authorized and empowered by and through its board of "county commissioners, when in the judgment of said board it is deemed to be to the best interests of the county to issue its negotiable bonds in the name of the county for the sole purpose of funding the outstanding indebtedness which existed against said county on the first day of January, 1888; provided, that no bonds shall be issued under the provisions of this act to pay or fund any indebtedness except such as is represented by the legally issued county warrants or orders of such county. Said bonds shall be in denominations of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000); shall bear the date of their issue; shall be made payable to the bearer and shall be made payable in not more than thirty years from their date, and bear interest at the rate of not exceeding six per cent, per annum, payable semi-annually with coupons attached for each interest payment; provided further, that no bonds hall be issued under the provisions of this act to provide monev to pay or fund any indebtedness, created after July 29th, "1886, which in the aggregate, including the then existing indebtedness, exceeded four per centum of the value of the taxable property within such county to be ascertained by the last assessment for territorial and county taxes previous to the incurring, of such indebtedness. The bonds and each coupon shall be signed by the chairman of the board of county commissioners, and shall be attested by the clerk of said board, and the seal of said board shall be affixed to each bond, but not to the coupon. Said bond shall be printed, engraved or lithographed on good bond paper, and the bond shall state on its face that it is issued in accordance an (and) in strict compliance with an act of the legislative assembly of the Territory of Washington, entitled. “An act authorizing and empowering the organized counties of At ashington Territory to issue and dispose of bonds to provide funds to pay outsanding indebtedness and to provide for the payment of the principal ad interest thereof,” approved on the...........day of......... 1888, (inserting date of the ap-LAWS OF WASHINGTON
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proval of this act), and a copy of this act shall be printed on the back of each bond. Said bond shall be payable anywhere in the United States.
Sec. 2. Said bonds may be exchanged at not less than their par value for an equal amount of the orders or warrants permitted to be funded under the provisions of section 1 of this act, of the county issuing them; the said bonds may be sold by the board of county commissioners at not less than their par value and the proceeds applied solely to the payment of such indebtedness.
Sec. 3. Ten years before the said bonds shall become due and payable the county commissioners of the county issuing them, are hereby authorized and required annually to levy a tax sufficient to liquidate the said bonds by (at) maturity; such tax to be collected and kept as a separate fund to liquidate the said bonds in accordance with the following section:
Sec. 4. It shall be the duty of the treasurer of any county issuing bonds under the provisions of this act whenever he has upon hand the sum of two thousand dollars ($2,000) of the special fund intended to pay said bonds, to advertise in the newspaper doing the county printing, for the presentation to him for payment of such of the bonds issued as aforesaid under the provisions of this act, as the fund in his hands as may be able to pay in numerical order of the said bonds, beginning at bond No. 1, until all of the said bonds are paid; provided, that thirty days after the issuing of the notice of the treasurer calling in any of said bonds by their number, said bonds shall cease to bear interest and the coupons upon the said bonds for interest after said time shall be void; provided further, that for the purpose of making the foregoing provision effective, all holders of said bonds shall notify the treasurer of the county issuing said bonds immediately upon the purchase of said bonds of such fact; also notify said treasurer of his postoffice address, and the said treasurer shall also by letter addressed to said postoffice, inform said party at any time that any bonds holden by said party shall be called in; provided, that the treasurer may pay any of said bonds in their order at any time that he has money enough belonging to the special fund on hand to pay said bond without advertising as above provided.
Sec. 5. The coupons hereinbefore mentioned for the payment of interest on said bonds, shall be considered for all purposes as warrants drawn upon the general fund of the several counties issuing bonds under the provisions of this act; and when presented to the treasurer of the county issuing such bonds, and no funds are in the treasury to pay the said cou-12
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pons, it shall be the duty of the treasurer to indorse the said coupons, as presented for payment, in the same manner as county warrants are indorsed, and thereafter the said coupons shall bear interest at the same rate as county warrants so presented and unpaid.
Sec. 6. The county treasurer shall be allowed a commission of one per cent, upon the par value of said bonds for receiving and disbursing all funds arising from the sale or exchange of said bonds and the commission therein provided for shall be in lieu of all other commisisons allowed him by law.
Sec. 7. Before the bonds are delivered to the purchaser they shall be presented to the county treasurer, who shall register them in a book to be kept for the purpose and known as the “Bond Register” in which register he shall enter the num-- ber of each bond, its date, date of maturity, amount, rate of interest, to whom and where payable.
Sec. 8. Bonds issued under and substantially conformed to this act, shall be negotiable.
Sec. 9. All acts or parts of acts in conflict with this act are hereby repealed.
Sec. io. This act shall take effect and be in force from and after its passage and approval by the Governor.
Approved February 2, 1888.
AN ACT
TO AUTHORIZE COUNTIES AND CITIES TO REFUND OUTSTANDING BONDED INDEBTEDNESS.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. All bonds heretofore issued by any county or city, may be refunded in the discretion of the county commissioner of Hie county or common council of the city in the manner hereinafter provided, whenever there is not sufficient money in the treasury of such county or city to pay such bonds and legally applicable thereto.
Sec. 2. Said bonds shall be in denominations of not less than one hundred nor more than one thousand dollars, shall be numbered from one up consecutively, shall bear the date of their issue, shall be made payable not more than twenty years from date and shall bear interest at a rate not exceeding seven per cent, per annum, payable semi-annually with interest, coupons attached, and the principal and interest shall be made payable at such place as may be designated. The bonds and each coupon shall be signed by the chairman of the board ofLAWS OF WASHINGTON
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county commisisoners and attested by the clerk under the seal of the commisisoners, or in case of cities, by the mayor, and attested by the city clerk under the seal of the city.
Sec. 3. There shall be levied each year a tax upon the taxable property of such county or city as the case may be, sufficient to pay the interest on said bonds as the same accrues and before five years prior to the maturity thereof an annual sinking fund tax sufficient for the payment of said bonds at maturity which taxes shall become due and collectible as other taxes.
Sec. 4. Said bonds shall be printed or engraved or lithographed on good bond paper and a duly authenticated copy of this act together with the resolution of the board of county commissioners or common council of the city, authorizing and directing the issuance of the same shall be presented on the back of each bond.
Sec. 5. The bonds issued under and by virtue of this act shall not be sold or exchanged at less than their par value and all moneys derived from the sale of such bonds shall be imme diately applied to the redemption of outstanding bonds so far as such moneyscan beapplied and aftersuch outstanding bonds shall have been so refunded they shall be endorsed in red ink with the words ‘‘refunded bond” and filed and preserved for one year and shall then be destroyed in the presence of witnesses, and the clerk of the commissioners or city shall keep a record of such bonds so refunded and shall note therein the date of the refunding and destruction of the same and in whose presence they were destroyed.
Sec. 6. A register shall be kept of all bonds which register shall show the number, date, .amount, interest, name of payee and when and where payable, of each and every bond executed, issued or sold under the provisions of this act
Sec. 7. This act to take effect and be in force from and after its passage and approval.
Approved February 1, 1888.
AN ACT
REQUIRING MUNICIPAL CORPORATIONS TO TAKE A BOND FROM CONTRACTORS, CONTRACTING TO DO WORK OR MAKE ANY IMPROVEMENTS FOR SUCH MUNICIPAL CORPORATIONS, CONDITIONED TO PAY LABORERS, MECHANICS, MATERIAL-MEN AND OTHERS.
J3e it enacted by the Legislative Assembly of the Territory of Washington:14
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Section 1. That whenever the board of county commissioners of any county of this Territory, or the mayor and common council of any incorporated city or town or the tribunal transacting the business of any municipal corporation shall contract with any person or persons to do any work of any character which, if performed for an individual, a right of lien would exist under the law', or make any improvement for such county, incorporated city or town, or other municipal corporation such board of county commissioners or mayor and common council of any incorporated town or city, or tribunal transacting the business of any other municipal corporation, shall take from the person with whom such contract is made, a good and sufficient bond with two or more sureties, who shall justify as bail upon arrest, wdiich bond shall be conditioned that such person shall pay all laborers, mechanics and material men and persons w’ho shall supply such contractor with provisions or goods of any kind, all just debts due to such persons or to any person to whom any part of such work is given, incurred in carrying on such work; which bond shall be filed by such board, or mayor and common council or other tribunal, in the office of the county auditor in the county where such wmrk is to be performed or improvement made.
Sec. 2. If any board of county commissioners of any county, or mayor and common council of any incorporated city or towm, or tribunal transacting the business of any municipal corporation shall fail to take such bond as herein required, such county, incorporated city or towm, or other municipal corporation, shall be liable to the persons mentioned in the first section of this act, to the full extent and for the full amount of all such debts so contracted by such contractor.
Sec. 3. The bond mentioned in the first section of this act shall be in an amount equal to the full contract price agreed to be paid for such work or improvement, and shall be to the Territory of Washington, and all such persons mentioned in said first section of this act shall have a right of action in his, her or their own name or names on such bond, for the full work done by such laborers or mechanics and for materials amount of all debts against such contract (contractor) or for furnished, or provisions and goods supplied and furnished in the prosecution of such work, or the making of such improvements.
Sec. 4. This act to take effect and be in force from and after its passage and approval.
Approved January 31, 1888.LAWS OF WASHINGTON
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AN ACT
AUTHORIZING INCORPORATED CITIES, TOWNS OR VILLAGES TO CREATE ASSESSMENT DISTRICTS WITHIN THE INCORPORATED LIMITS OF SUCH CITY, TOWN OR VILLAGE, FOR THE PURPOSE OF RAISING REVENUE TO OPEN OR IMPROVE THE STREETS, HIGHWAYS AND ALLEYS THEREIN.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. Any municipal corporation created under the laws of Washington Territory, shall have power to cause any street, highway or alley therein to be opened, widened, cleared, graded, graveled, bridged, paved, macadamized, curbed, sewered, guttered, drained, sidewalked or repaired in any manner; and for such purpose shall have power to establish assessment districts within the municipality upon which to assess the expense of making such improvements; and shall have power to assess the expense of any such improvement upon the property within such assessment district in such proportion as it may deem just.
Sec. 2. Upon the application of three or more freeholders of any such municipality, the city council or other governing body therof, shall forthwith establish an assessment district for the improvement specified in such application and shall fix the proportion of assessment to be imposed upon each of the subdivisions thereof, and shall cause a map of said assessment district and its subdivisions to be made and filed with the clerk of said municipality.
Sec. 3. No improvement shall be made under the provisions of this act at the expense of the owners of the land embraced by an assessment district, unless more than one-half of the resident owners of the land embraced by said assessment district, shall have petitioned the governing body of such municipality to order such improvements to be made, unless said council or other governing body shall decide it necessary, which decision shall be evidenced by a two-thirds vote of all the members of said city council or other governing body voting therefor.
Sec. 4. Before ordering any work done or improvement made, authorized by this act, the city council or other governing body of such municipality, shall pass a resolution declaring its intention so to do and shall thereafter cause a survey of the improvement and an estimate of the entire cost thereof to be made and filed in the office, of the clerk of such municipality, for the inspection of all parties interested therein, which survey and estimate shall be made by a person to be named in such resolution.
Sec. 5. The clerk of said municipality shall forthwith16
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cause a notice of the filing of such survey and estimate, to be published daily for five successive days in some newspaper published in the municipality, such notice must contain a true copy of said resolution of intention and must specify the street, highway or alley or part thereof proposed to be improved and the kind of improvement proposed to be made together with the estimated cost thereof and a description of the property embraced within said assessment district; and shall specify in said notice, that if sufficient remonstrance be not made before the expiration of ten days after the date of last publication, said improvement will be made at the expense of the owners of the parcels of land embraced within said assessment district.
Sec. 6. If within ten days from the final publication of said notice, more than one-half of the resident owners of the property embraced within said assessment district, shall file with the clerk of said municipality, remonstrance against said improvements, the same shall not be made at the expense of the owners of the land embraced by said assessment district, unless the city council or other governing body of such municipality shall decide such work or improvement necessary, which decision shall be evidenced by a two-thirds vote of all the members of said city council or other governing body voting therefor.
Sec. 7. If no remonstrance be made and filed as provided in section five the owners of the land embraced by said assessment district shall be deemed to have consented to the making of said improvement, or, if such remonstrance has been made and filed, the city council or other governing body of such municipality decide such work or improvement necessary, it shall, at its earliest convenience thereafter and within six months from the publication of such notice, make the proposed improvements at the cost and expense of the onwers of the land embraced by said assessment district either by or through such officer as may be designated by it or by contract, let by the same to any person; provided, that no contract shall be made providing for the payment to the contractor for such improvement of an amount greater than the estimated cost thereof published aforesaid.
Sec. 8. Such cost and expense shall be assessed upon said parcels of land in the following manner: The council or other governing body of such municipality shall first determine^ the percentage of the cost of improvement to be imposed upon each subdivision of the assessment district. The cost and expense of the work done and materials furnished in making the entire improvement, shall then be assessed upon the various parcels of land composing each subdivision of the assessment district, ratably according to the valuation of each of said parcels of land exclusive of the improvements thereon, as determined byLAWS OF WASHINGTON
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the next preceding regular annual assessment thereof for general municipal taxation, and the owners of any land so assessed shall be allowed a credit for any and all work and labor performed and material used in front of their espective lots prior to the resolution of intention to make said improvement, which amount shall be fixed by such officer or committee as the governing body of such municipality may select, which credit so allowed shall be added to the contract price or cost of such improvement.
Sec. 9. No assessment shall be levied upon any property which together with all assessments for street improvements that may have been levied upon the same property during the preceding pear will amount to a sum greater than fifty per cent, of the value of which said property was assessed upon the then next preceding assessment roll of the municipality.
Sec. 10. It shall be the duty of the clerk of said municipality within five days after the filing with him of any contract, providing for the making of any improvements authorized by this act duly approved by the proper officers to make out and complete an assessment list of the parcels of land embraced by said assessment district, which shall show and exhibit in separate columns the name of the owner, if known, of each parcel of land separately assessed and if unknown the word “unknown'' shall be written opposite such parcel of land; the assessment number of each parcel of land separately assessed, the subdivision number thereof, if any; a brief description by lot and block number or otherwise of each parcel of land separately assessed, the assessed value of the same; the subdivsion propr-tion, if any, of such assessment; the rate of assessment; the allowance for work done and the net assessment upon each parcel of land separately assessed. To said assessment list the clerk of said municipality shall attach the map of the assessment district for said improvement specified in section two of this act. Said assessment list and map thus attached, shall constitute and be known as the assessment roll. And shall be filed in the office of the clerk of said municipality.
Sec. 11. When an improvement shall not be made by contract, the clerk shall within five days from the filing in his office of a notice of the completion and cost thereof, make out and complete an assessment list as provided in section ten.
Sec. 12. The clerk of such municipality when said assessment roll is completed shall forthwith give notice by publication for at least five days in a newspaper, published in such municipality that said assessment roll is on file in his office, the date of the filing of the same and that the same is open for public inspection. Said notice shall specify a time within which the governing body of such municipality will meet to hear appeals of parties aggrieved by such assessment.18	LAWS OF WASHINGTON
Sec. 13. Any owner of land in said assessment districtT may within ten days after the first publication of said notice provided for in the last section, appeal to the governing body of such municipality from said assessment, which appeal shall be in writing, and briefly state the objections to said assessment and shall be filed with the clerk of said municipality.
Sec. 14. At the time appointed for hearing appeals from said assessment the governing body of said municipality shall hear and decide upon all objections which may be presented by any party interested; to the regularity of the proceeding in making said improvement, or in levying said assessment, or to the correctness of the amount of said assessment, or of the amount levied upon any particular parcel of land, and, if the proceedings are found by them to have been regular, they shall correct any errors which may be found in the assessment and shall pass an order approving and confirming said proceedings and said assessment as so corrected by them, and their decision and order shall be a final determination of the regularity, validity and correctness of said assessment, and of the amount thereof levied upon each parcel of land, and shall bar all persons appearing and objecting or failing to appear from any further recourse in law.
Sec. 15. The governing body of such municipality must provide in said order approving and confirming such assessment within what time, nor less than thirty nor more than sixty days after the time appointed for hearing appeals therefrom, the same may be paid to the treasurer of such municipality, and all such assesments not paid to the treasurer within such time shall thereafter draw interest at the rate of ten per cent, per annum until paid.
Sec. 16. Before entering into any contract for said improvement the governing body of such municipality shall invite sealed bids for such improvement by publishing a notice, requesting the same for ten days in a newspaper published in the municipality. All bids shall be filed with the clerk within such time as may be specified in the notice and none others shall be considered. Such bids shall not be opened except at a meeting of the governing body of said municipality. Invitations for bids-may be renewed from time to time by publishing notices as aforesaid and either before or after the opening of the bids on file. The governing body of such municipality, may reject any or all such bids and may adopt any one of them, which in their discretion they may deem best, whether the same be the lowest or not.
Sec. 17. The mode and manner of the collection of the assessment provided for herein, shall be as provided by the charters and ordinances of the respective cities, towns or villages.LAWS OF WASHINGTON
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Sec. 18. This act shall not be considered as a repeal or amendment of existing city charters, relating to the subject matter to which this act relates; nor shall this act apply to any city or town having a population of less than six thousand people.
Sec. 19. This act shall take effect and be in force from and after its passage and approval.
Approved February 2, 1888.
AN ACT
TO ORGANIZE SCHOOL DISTRICTS IN CITIES AND INCORPORATED FOR THE MAINTENANCE AND GOVERNMENT OF PUBLIC TOWNS OF EIGHT THOUSAND INHABITANTS, AND TO PROVIDE SCHOOLS THEREIN.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. Whenever the population of any city or incorporated town shall equal eight thousand inhabitants, as shown by any census of the school district, city, county or United States, said city shall constitute one school district, and the boundaries and limits of such school district shall conform to the limits and boundaries of said incorporated city or town.
Sec. 2. When the limits or boundaries of any incorporated city or town containing eight thousand inhabitants, which has been by this act constituted a school district, are changed according to law, then the boundaries and limits of the school district therein shall be deemed to have been changed also, so as to conform to the new limits and boundaries of such incorporated city or town.
Sec. 3. In all such districts as are created bythis act, the board of directors shall consist of five members, each of whom shall hold office for a term of three years, except as hereinafter provided.
Sec. 4. The elections for members of the board of directors and for school clerk, in all such districts, shall be held each year, at the time and in the manner not (now) provided by law for school districts.
Sec. 5. At the first regular election in every district, after this law is applied to the same, there shall be elected three (five) directors to hold office, two for one year, two for two years, and one for three years; the term of each to be determined by lot at the first regular meeting of the board after such election.20	LAWS OF WASHINGTON
Sec. 6. After the first election of members of the board of directors under this act, all vacancies in the board shall be filled by special election ordered by the board.
Sec. 7. The duties of the board shall be:
1.	To employ a city superintendent of schools of the district and fix his term of office and compensation.
2.	To employ teachers, janitors, carpenters, etc., and fix their compensation.
3.	To prescribe courses of study and make rules and regulations for the government of said district.
4.	When in their judgment the more systematic grading of their schools requires it, to choose text books in addition to those already authorized by the Territory; provided, that such choice shall be made at the same time as that now prescribed by law for the choice of text books for the Territory, and the result of their choice shall be regularly reported to Territorial Board of Education to be by them filed as in the case of votes by county school superintendents.
5.	To lease and build school houses, to buy and lease lands for school purposes, and to furnish their school houses with proper furniture, libraries, light, fuel, apparatus, etc., to sell and convey such lands and other property belonging to the district as may not, in their judgment, be required for school purposes, in manner as is now provided by law.
6.	To provide for a sufficient number of polling places in such city for all school elections, to appoint judges and clerks, and to canvass all votes and poll books, and determine the result thereof.
7.	To make an annual printed report to the taxpayers of said district.
8.	To determine who are non-resident pupils, and fix the rates of tuition for such non-resident pupils.
Sec. 8. The board of directors in such districts must provide for the time and place of its regular meeting, at any of which may adjourn, to the next succeeding regular meeting, or to some specified time prior thereto, and it may be convened upon written or printed notices issued by the school clerk by order of the chairman, or upon the united request of three members of the board.
Sec. 9. A majority of the board of directors shall constitute a quorum to do business, but a less number may meet and adjourn from time to time and compel the presence of absent members.
Sec. 10. The board of directors of such district may adopt rules for the government of the conduct of its members and its proceedings. It must keep a journal, and on the call of any one of its members, must cause the yeas and nays to beLAWS OF WASHINGTON
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taken and entered upon its journal, upon any question before it.
Sec. 11. On or before the tenth day next following any regular or special election for school officers, there must be a regular meeting of the board, at which time the newly elected officer or officers shall enter on their duties.
Sec. 12. Any person, male or female, who is a qualified voter at school elctions, shall be eligible to the office of school director in such districts.
Sec. 13. At such general or special elections in such districts the only officers voted for, shall be that of directors and elerk.
Sec. 14. The board of directors of such district are authorized to contract an indebtedness for the district for school purposes in the manner now provided by law for authorizing such indebtedness.
Sec. 15. In all such districts, when in the opinion of the board, the cost of any lot of furniture, stationery, apparatus, fuel, building or improvements or repairs to the same, will equal or exceed the sum of five hundred dollars, it shall be the duty of said board to give due notice by publication, in at least one daily newspaper published within the said corporate limits, of their intention to receive bids for such lot of furniture, stationery, etc., and they shall determine the specifications for such bids and appoint the time and place for opening of all bids, which shall be public. And it shall be unlawful for any member of the school board to bid or to be an interested party in any bid before such board.
Sec. 16. The board of directors of each school district created by this act shall have power to fix and determine the amount of taxes for general school purposes to be assessed within such district, and annually on or before the first Monday of July shall fix said tax at some rate not less than four mills nor exceeding eight mills, and shall, under their hands, certify to the board of county commissioners of the county in which such school district shall be, that they have fixedthe amount for such year at such rate, and thereupon the county commissioners shall levy upon the assessed value of taxable property in said school district a tax for support of schools therein, at the rate so fixed and shall levy no other tax for support of schools therein. The taxes raised for school purposes pursuant to the provisions of this act, within any school district created by this act, shall be collected, kept, disbursed and accounted for by the proper collecting, keeping and disbursing officers as a separate fund, exclusively applicable to school purposes in such district; and no taxes levied for school purposes outside of such school district subsequent to this act22	LAWS OF WASHINGTON
shall be applicable to school purposes in such district. The mode and manner and times for assessing and collecting taxes in the school districts created by this act shall be the same as now provided by law, subject to the provisions of this act, and nothing contained herein shall be deemed to affect the levying of special taxes for school purposes in the manner provided
1^ec. 17. It is hereby made the duty of all school clerks whose districts lie partly within and partly without any incorporated town containing eight thousand inhabitants, to make to the county school superintendent, of the county contaiing such incorporated citv or town, a segregated report at the time now provided for by law, showing the number of persons of school age in their respective districts, living within, and also the number of persons of school age living without, such incorporated city or town.
Sec. 18. All acts and parts of acts now in force concerning the duties and powers of school directors and school clerks which do not conflict with the express provisions of this act, shall be considered to apply to the officers of such districts as are established by this act.
Sec. 19. All acts or parts of acts inconsistent with this act are herebv repealed.
Sec. 20. This act shall take effect and be in force from and after its passage and approval by the Governor.
Approved February 2, 1888.
AN ACT
TO PROVIDE THE MANNER OF COMMENCING CIVIL ACTIONS.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That civil actions in the several district courts of this Territory may be commenced by filing a complaint and issuing summons signed by the clerk of the court and under the seal of the court substantially as follows:
Territory of Washington. County of...............ss.
(Here insert names of parties plaintiff and defendant)
To the above named defendant:
You are hereby requested to appear in the district court of the..........judicial	district, holding terms at......
within twenty days after the service of this summons,* exclusive of the day of service, if served in the above county, if not served in said county, but in said district, in thirty days, if served in any other judicial district in the Territory in forty days, and answer the complaint, of the above named plaintiff now on file in the office of the clerk of said court, and unlessLAWS OF WASHINGTON
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you so appear and answer, the same will be taken as confessed and the prayer thereof granted.
Witness my hand and the seal of said court this...........
day of.....’........18... .
Clerk of said Court,
Sec. 2. The clerk of the district court shall file the complaint as of the day it is received by him, and no action shall be tried at any term except by consent of the parties, or defendant makes default, unless the time to answer shall have expired on or before the second day of the term.
Sec. 3. In all cases except where service is made by publication as hereinafter provided, the summons shall be served by the sheriff of the county where service is had, or by his deputy, or by any citizen of the United States over twenty-one years of age, who is competent to be a witness in the action, other than the plaintiff. The summons shall be returned to the clerk of the proper district court with the return of the sheriff or his deputy endorsed thereon, or if served by any other person, his affidavit of service.
Sec. 4. The summons shall be served bv delivering a copy thereof, as follows:
If the action be against any county in this Territory, to the county auditor.
If against any town or incorporated city in this Territory, to the mayor or president thereof.
If against a school district, to the clerk thereof.
If against a railroad corporation, to the station, freight, ticket or other agent thereof within this Territory.
If against a corporation owning or operating sleeping cars or hotel cars, to any person having charge of any of its cars or any agent found within the Territory.
If against any insurance company, to any agent authorized by such company or corporation to solicit insurance within the Territory.
If against a company or corporation doing any express business^ to any agent authorized by said company or corporation to receive and deliver express matters and collect pay therefor within this Territory.
If the suit be against a company or corporation other than designated in the preceding subdivisions of this action, to the president or other head of the company or corporation, secretary, cashier or managing agent thereof.
If the suit be against a foreign corporation or non-resident joint stock company, or association, doing business within this Territory, to any agent, cashier or secretary thereof.
If against a minor under the age of fourteen years, to such24
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minor personally, and also to his father, mother, guardian, or if there be none within this Territory, then to any person having the care or control of such minor, or with whom he resides, or in whose service he is employed, if such there be.
If against any person for whom a guardian has been appointed for any cause, then to such guardian.
In all other cases, to the defendant personally, or, if he be not found, to some suitable person at the dwelling house or usual place of abode of such defendant.
Sec. 5. In case service cannot be had as provided for in the preceding section by reason of the absence of the defendant, which fact may be shown by the affidavit of the plaintiff or his attorney, the summons with a brief statement of the object of the action may be served by publication thereof in some weekly newspaper, printed and published and of general circulation in the county in which the court is held, if such newspaper there be, otherwise in some newspaper printed and published in the Territory, which summons shall be published not less than once a week for six consecutive weeks, and shall require the defendant to appear and answer the complaint within sixty days from the date of the first publication thereof. Said summons may be substantially as follows:
Territory of Washington, County of...............ss........... Plaintiff, vs.....................................Defendant.
To the above named defendant:
You are hereby notified that.................  .	.plaintiff has
filed a complaint against you in the district court of the. judicial district, holding terms at....................which	will
come on to be heard sixty days after the first publication of his (this) summons, to wit: Sixty days after (here insert date of first publication) and unless you appear and answer the same on or before the..........day of..............18... .
the same will be taken as confessed, and the prayer of the said complaint granted. The object and prayer of said complaint is (here insert a brief statement of the nature or object of the action.) Witness my hand and the seal of said court this............day of...........................18 ....
Clerk.
Before publication of the summons is made, the complaint shall be filed with the clerk of the court where the actipn is pending, and forthwith upon publication the plaintiff shall cause a copy of the summons to be deposited in the postoffice, the postage thereon being prepaid, directed to the defendant at his place of residence, unless it shall appear that such residence is not known to, or cannot, after reasonable diligence be ascertained by the plaintiff or his attorney, and before theLAWS OF WASHINGTON
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hearing of the action the court or judge shall be satisfied by affidavit or other proof that all the provisions herein contained have been complied with; provided, that personal service out of the Territory proven by the affidavit of the person making the same, sworn to before a notary public, with a seal, or before a clerk of a court of record, shall be equivalent to service by publication, and defendant shall be required to answer within sixty days from the date of such service.
Sec. 6. Whenever it shall appear by the return of the sheriff, or his deputy, or the person appointed to serve a summons that he has not served them upon the defendant, the plaintiff may issue another summons, and so on till service be had, or the plaintiff may proceed by publication in the manner hereinbefore provided, at his election.
Sec. 7. When the action is against two or more defendants upon a joint contract or liability, and one or more of the defendants cannot be served, the plaintiff may proceed to judgment against the defendant or defendants served, and at any time thereafter, while such judgment remains unsatisfied, the plaintiff or his attorney may issue summons to the defendant or defendants not served, and upon service thereof, upon such defendant or defendants, the same proceedings may be had is (as) he or they had been originally served. When the action is against defendants severally or jointly, and severally liable, the plaintiff may proceed against the defendant or defendants served in the same manner as though they were the only defendants.
Sec. 8. Proof of service shall be as follows:
1st. If served by the sheriff or his deputy, the return of such sheriff or his deputy endorsed upon or attached to the summons.
2nd. If by any other person, his affidavit thereof endorsed upon or attached to the summons, or
3rd. In case of publication, the affidavit of the printer, publisher, foreman, principal clerk or business manager of the newspaper, showing the same, together with a printed copy of the summons as published, or
4th. The written admission of the defendant.
5th. In case of personal service out of the Territory the affidavit of the person making the service, sworn to before a notary public, with a seal attached, or a clerk of a court of record. In case of service otherwise than by publication the return, admission, or affidavit must state the time, place and manner of service.
Sec. 9. The action shall be deemed commenced, and court shall have obtained jurisdiction of the action from the time the complaint is filed with the clerk, and shall have control of all subsequent proceedings.26
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Sec. 10. A voluntary general appearance of defendant shall be equivalent to personal service. .
Sec. 11. That whenever the words he or him occur in this act they shall be read as she or her or it, as occasion may require.	x	.
Sec. 12. All acts, or parts of parts, (acts,) upon the subject of this act are hereby repealed; this act to take effect and be in force from and after the first day of March, 1888.
Approved February 2, 1888.
AN ACT
TO AMEND SECTION 91 OF THE CODE OF WASHINGTON TERRITORY RELATING TO VERIFICATION OF PLEADING.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That section 91 of the Code of Washington Territory be, and the same is hereby amended by adding to, and at the end of said section the following, to wit:
When the party is absent from or a non-resident of the county in which suit is brought, the verification may be made by the agent or attorney of said party.
Sec. 2. This act shall take effect and be in force from and after its passage and approval.
Approved Februry 1, 1888.
AN ACT
TO AMEND SECTION 827 OF CHAPTER LXIX OF THE CODE OF WASHINGTON TERRITORY, DEFINING THE CRIMES OF BURGLARY AND PRESCRIBING THE PUNISHMENT THEREFOR.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That section 827, of Chapter LXIX of the Code of Washington Territory be and the same is hereby amended to read as follows:
Section 827. Every person who shall unlawfully enter in the night-time or shall unlawfully break and enter in the day-time, any dwelling-house or out-house thereunto adjoining, and occupied therewith, or any office, shop, store, warehouse, malt-house, still-house, mill, factory, bank, church, school-house, railroad car, barn, stable, ship, steamboat, watercraft, or any building in which any goods, merchandise or val-LAWS OF WASHINGTON	27
liable things are kept for use, sale or deposit within the body of any county, with intent to commit a misdemeanor or felony shall be deemed guilty of burglary and upon conviction thereof shall be imprisoned in the penitentiary for any period not more than fourteen years.
Sec. 2. The provisions of this act shall in nowise affect any act done or crime heretofore committed, but all acts heretofore done and all offenses heretofore committed shall be prosecuted and punished in rhe same manner as if this act had not been passed.
Sec. 3. All acts and parts of acts in conflict herewith are hereby repealed.
Sec. 4. This act shall be in force and take effect from and after its passage and approval.
Approved January 31, 1888.
AN ACT
TO AMEND SECTION 411 OF CHAPTER 39 OF THE CODE OF WASHINGTON TERRITORY ENTITLED “DEPOSITIONS.”
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That section 411 of chapter 39 of the Code of the Territory of Washington be amended so as to read as follows:
“Either party may have the deposition of a witness taken in this Territory before any judge of the district court, justice of the peace, clerk of the supreme or district court, mayor of a city or notary public on serving on the adverse party or his attorney previous notice of the time and place of examination.”
The notice shall be served so as to allow the adverse party sufficient time by the usual route of travel to attend, and three days for preparation, exclusive of the day of service, and the examination may, if so stated, in the notice, be adjourned from day to day.
This act shall take effect from and after its passage and approval by the Governor.
Approved February 2, 1888.
AN ACT
RELATIVE TO MOTIONS FOR A NEW TRIAL IN DISTRICT COURTS AND TO REPEAL SECTION 281 OF THE CODE OF WASHINGTON RELATIVE THERETO.28
LAWS OF WASHINGTON
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. In no case of motion for a new trial hereafter made in the courts of this Territory shall it be necessary to specify the grounds thereof, otherwise than in the language of section 276 of the Code of Washington Territory, specifying the grounds upon which a motion for a new trial may be made.
Sec. 2. Section 281 of the Code of Washington Territory and all acts and parts of acts in conflict herewith are hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its approval by the Governor.
Approved January 31, 1888.
AN ACT
TO AMEND SECTION 117 OF CHAPTER IX OF THE CODE OF WASHINGTON TERRITORY ENTITLED ARRESTS AND BAIL.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That section 117 of chapter 9 of the Code of Washington Territory, relating to arrests and bail, be and the same is hereby amended as follows: After the word “proof” in the third line of said section, to be inserted the words “under oath,” exclusive of the complaint in the action, and the words so inserted preceding the word “that” in the said line three, so that the same when amended shall rea das follaws:
“Section 117.—The court or judge making the order of arrest, shall first be satisfied by the affidavit of the party, or his agent, or attorney, and other proof, under oath, exclusive of the complaint, that the case is one in which an arrest is provided for in section 116, and that one or more of the prescribed causes exist, which proof shall be in writing, and, together with the order, be filed with the clerk, before he shall issue any warrants for the arrest.”
Sec. 2. All acts and parts of acts in conflict with this act, be and the same are hereby repealed.
Sec. 3. This act to take effect from and after its passage.
Approved January 28, 1888.
AN ACT
TO AMEND SECTION SEVEN HUNDRED AND FORTY-THREE OF CHAPTER LXIV OF THE CODE OF WASHINGTON RELATING TOLAWS OF WASHINGTON
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THE COMPUTATION OF TIME IN WHICH AN ACT IS TO BE DONE.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That section 743 of the Code of Washington be, and the same is amended to read as follows: Section 743. The time w ithin v hich an act is to be done, as herein provided, shall be computed by excluding the first day, and including the last, unless the last day is a holiday or Sunday, and then it is also excluded.
Sec. 2. All acts or parts of acts in conflict with this act are hereby repealed.
Sec. 3. This act to take effect and be in force from and after the first day of May, 1888.
Approved January* 27, 1888.
AN ACT
IN RELATION TO COAL MINES.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That the owner or agent, operator, of each and every coal mine in this Territory, shall make, or cause to be made, at the discretion of the inspector, or person acting in that capacity, an accurate map or plan of the workings, of such coal mine, and of each and every vein thereof, showing the general inclination of the strata,* together with any material deflections in said workings, and the boundary lines of said coal mines and deposit a true copy of said mapor plan with the inspector of coal mines, to be filed in his office, said map or plan, with the recorder of the county in which said coal mine is situated, to be filed in his office*, both of which said copy shall be deposited as aforesaid within three months from the day when this act shall go into effect; and the original or a copy of such map or plan, shall also be kept for inspection at the office of said coal mine; and during the month of January of each and every year, after this act shall go into effect, the said owner, agent or operator, shall furnish the inspector as aforesaid, with a statement and further map or plan, of the progress of the workings of such coal mine continued from the last report to the end of’the December month just preceding, and the inspector shall correct his map or plan of said workings in accordance with the statement and map or plan thus furnished; and when any coal mine is worked out or abandoned, that fact shall be reported to the inspector, and the30
LAWS OF WASHINGTON
map or plan of such coal mine in the office of said inspector shall be carefully corrected and verified.
Sec. 2. Whenever the owner, agent or operator of any coal mine shall neglect or refuse to furnish the said inspector as aforesaid, with the statement, the map or plan, or addition thereto, as provided in the first section of this act, at the times and in the manner therein provided, the said inspector is hereby authorized to cause an accurate map or plan of the workings of such coal mine to be made at the expense of said owner, agent or operator, and the cost thereof may be recovered by law from said owner, agent or operator, in the same manner as other debts, by suit in the name of the inspector and for his use.
Sec. 3. In all coal mines that are. or have been in operation prior to the first day of January, in the year of our Lord, one thousand eight hundred and eighty-eight, and which are worked by or through a shaft, slope or drift, if there is not already an escapement shaft to each and every said coal mine, or communication between each and every coal mine, and some other contiguous mine, then there shall be an escapement shaft or other communication, such as shall be approved by the mine inspector, making at least two distinct means of ingress and egress for all persons employed or permitted to work in such coal mine; such escapement shaft should be a downcast and an upcast, and located three hundred yards from the engine house. Such escapement shaft or other communication with a contiguous mine as aforesaid, shall be constructed in connection with every vein or stratum of coal worked in such coal mine, which shall be at least three and one-half feet high, and at least five feet wide, and in no instance shall the height of said roadway be less than the thickness of the vein or stratum of coal through which it is driven; and the time to be allowed for such construction shall be one year, when such mine is under five hundred feet in depth; two years for all mines over five hundred (500) feet in depth from the first day of July, A. D., 1888; and in all cases where the working force of one mine has been driven up to or into the workings of another mine, the respective owners of such mines, while operating the same, shall keep open a roadway, at least five feet high and five feet wide, thereby forming a communication as contemplated in this act; and for a failure to do so, shall be subject to the penalty provided for in section ten of this act, for each and every day such roadway is unnecessarily closed; each and every such escapement shaft shall be separated from the main shaft by such extent of natural strata as shall secure safety to the men employed in such mines, such distance to be left to the discretion of the mine inspector or person acting in that capacity,
robbkhiiihhhhnimhihhhmhmhhhiLAWS OF WASHINGTON	31

and shall be equipped with stair-ways or ladders, having landing places or platforms at least every twenty feet from the bottom to the top, or in lieu thereof such hoisting apparatus as will enable the employes in the mine to make safe and speedy exit in case of danger. In all coal mines that shall go into operation for the first time after the first day of January, A. D., eighteen hundred and eighty-eight, and in all cases where such mine or mines shall hereafter be put in operation in this Territory, the owner thereof, or the lessee or occupant of the same shall construct an escapement shaft as is required by this act to be constructed in coal mines in this Territory, at the rate of five hundred feet per annum until such escapement shaft shall have been fully completed; and provided further, that nothing in this section shall be construed to extend the time heretofore allowed by law for constructing escapement shafts in mines going into operation for the first time before said first day of January, A. D., eighteen hundred and eighty-eight.
Sec. 4. The owner, agent or operator of every coal mine, whether operated by shaft, slope or drift, shall provide and maintain in every such mine a good and sufficient amount of ventilation for such men and animals as may be employed therein, the amount of air in circulation to be in no case less than one hundred cubic feet for each man per minute and six hundred cubic feet for each animal per minute, measured at the foot of the downcast, and the same to be increased at the discretion of the inspector, according to the character and extent of the workings, or the amount of powder used in blasting; and said volume of air shall be. forced and circulated to the face of every working place throughout the mine, so that said mine shall be free from standing powder smoke and gases of every kind. In all mines where fire-damp is generated every working place, where the same is known or thought to exist, shall be examined every morning with a safety lamp, by a competent person, before any other persons are allowed to enter, and whenever the inspector shall find men working without sufficient air, or under unsafe condition, he may remove the same to other parts of the mine or from the mine altogether. The inspector shall visit and inspect breasts and working faces of the mines and leave a mark as to safety. The ventilation required by this section may be produced by any suitable appliances, but in case a furnace shall be used for ventilating purposes, it shall be built in such a manner as to prevent the communication of fire to any part of the works, by lining the upcast with incombustible material for a sufficient distance up from said furnace; provided, it shall not be lawful to use a furnace for ventilating purposes, or for any other purposes, that shall emit smoke into any compartment constructed in, or adjoining any coal hoisting* shaft or slope, where the32
LAWS OF WASHINGTON
hoisting shaft or slope is the only means provided for the ingress or egress of persons employed in said coal mines. That it shall be unlawful where there is but one means of ingress or egress provided at a coal shaft or slope, to construct and use a ventilating furnace that shall emit smoke into a shaft as an upcast, where the shaft or slope used as a means of ingress or egress by persons employed in said coal mines is the only means provided for furnishing air to persons employed therein.
Sec. 5. The owner, agent or operator shall provide that bore holes shall be kept twenty feet in advance of the face of each and every working place, and if necessary, on both sides, when driving towards an abandoned mine or part of a mine suspected to contain inflammable gases, or to be inundated with water.
Sec. 6. The owner, agent or operator of every coal mine operated by shaft shall provide suitable means of signaling between the bottom and top thereof, and shall also provide safe means of hoisting and lowering persons in a cage covered with boiler iron, so as to keep safe, as far as possible, persons descending into and ascending out of such shaft, and such cage shall be furnished with guides to conduct it on slides through such shaft, with a sufficient brake on every drum to prevent accident in case of the giving out or breaking of the machinery; and such cage shall be furnished with spring catches intended and provided, as far as possible, to prevent the consequences of cable breaking or the loosening or disconnecting of the machinery; and no props or rails shall be lowered in a cage while men are descending into or ascending out of said mine. The hoisting ropes shall be inspected by the manager of the mine or his agent with respect to safety each morning; provided, that the provisions of this section, relating to covering cages with boiler iron, shall not apply to coal mines less than one hundred feet in depth, where the coal is raised by horse power. No person under the age of fifteen years, or females of any age, shall be permitted to enter any mine to work therein.’ Any party or person neglecting or refusing to perform the duties required to be performed by sections three, four, five, six, seven and eight shall be deemed guilty of a misdemeanor and punished by fine in the discretion of the.court trying the same, subject, however, to the limitations as provided by section ten of this act.
Sec. 7. No owner, agent or operator of any coal mine, operated by shaft or slope, shall place in charge of any engine, whereby men are lowered into or hoisted out of the mines, any but an experienced, competent and sober person not under the age of eighteen years; and no person shall ride upon aLAWS OF WASHINGTON
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loaded cage or wagon used for hoisting purposes in any shaft or slope, and in no case shall more than twelve persons ride on any cage or car at one time, nor shall any coal be hoisted out of any coal mine while persons are descending into such coal mine; and the number of persons to ascend out of or descend into any coal mine, on one cage, shall be determined by the inspector, the maximum number so fixed shall not be less than four nor more than twelve, nor shall be lowered or hoisted, nor no man shall handle the bell rope, except the man in charge at the bottom of theshaft.
Sec. 8. All boilers used in generating steam in and about coal mines shall be kept in good order, and the agent, owner or operator, as aforesaid, shall have said boilers examined and inspected by a competent boilermaker, or other qualified person, as often as once every six months, and oftener if the inspector shall deem it necessary, and the result of every such examination shall be certified, in writing, to the mine inspector; and the top of each and every shaft, and the entrance to each and every intermediate working vein, shall be securely fenced by gates properly covering and protecting such shaft and entrance thereto; and the entrance to every abandoned slope, air or other shaft shall be securely fenced off; and every steam boiler shall be provided with a proper steam gauge, water guage and safety valve; and all underground, self-acting or engine planes, or gangways, on which coal cars are drawn and persons travel, shall be provided with some proper means of regulating between the stopping places and the end of said planes or gangways, and sufficient places of refuge at the sides of such planes or gangways shall be provided at intervals of not more than twenty feet apart.
Sec. 9. Whenever loss of life, or serious personal injury shall occur by reason of any explosion, or of any accident whatsoever, in or about any coal mine, it shall be the duty of the person having charge of such coal mine to report the facts thereof, without delay, to the mine inspector of the district in which said coal mine is situated; and if any person is killed thereby, to notify the coroner of the county also, or in his absence or inability to act, any justice of the peace of said county; and the said inspector shall; if he deem it necessary from the facts reported, immediately go to the scene of said accident, and make such suggestions and render such assitance as he may deem necessary for the safety of the men. And the inspector shall investigate and ascertain the cause of such explosion or accident, and make a report thereof, which he shall preserve with the other records of his office; and to enable him to make such investigations, he shall have power to compel the attendance of witnesses, and administer oaths or affirmations34
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to them, and the cost of such investigation shall be paid by the county in which such accident has occurred, in the same manner as costs of coroner's inquests are now paid. And the failure of the person in charge of the coal mine in which any such accident may have occurred, to give notice to the inspector or coroner, as provided for in this section, shall subject such person to a fine of not less than twenty-five dollars nor more than one hundred dollars, to be recovered in the name of the people of the Territory of Washington before any justice of the peace of such county, and such fine, when collected, shall be paid into the county treasury for the use of the county in which any such accident may have occurred.
Sec. 10. In all other cases in which punishment is provided by fine under this act for a breach of any of its provisions, the fine for a first offense shall not be less than five hundred dollars and not more than one thousand dollars, and for the second offense not less than one thousand dollars nor more than two thousand dollars, in the discretion of the court, except as specially provided for in section nine of this act.
Sec. 11. The first and second judicial districts shall constitute the first inspection district, the third and fourth judicial districts shall constitute the second inspection district; an inspector of coal mines for each of said districts shall be appointed by the governor, by and with the advice and consent of the Territorial council. Each inspector shall hold his office for the term of two years, except as provided for in section twelve of this act, from and after the first Monday in February, A. D. 1888, and until his successor is appointed and qualified. Each inspector shall be a qualified elector and have a knowledge of mining engineering sufficient to conduct the development of coal mines, and a practical knowledge of the methods of conducting mining for coal in the presence of explosive gases, and of the proper ventilation of coal mines. He shall have a practical mining experience of ten years, two of which shall have-been in this Territory, and shall not be interested as owner, operator stockholder superintendent or mining engineer of any coal mine during his term of office, and shall be of good moral character and temperate habits, and shall not be guilty of any act tending to the injury of miners or operators of mines during his term of office. The inspector shall be provided by the Territory With the most approved modern instruments for carrying out the intention of this act. The inspectors, before assuming the duties of their several offices, shall take an oath of office, as provided for by the statutes of the Territory as iu case of other Territorial officers. The salary of the district inspectors shall be fiftten hundred dollars ($1500) per annum each, and the auditor of the Territory is hereby authorized to draw his warrant on the treasury in their favor, quarterly,LAWS OF WASHINGTON
for the amount specified in this section for the salary of each inspector out of any moneys not otherwise appropriated; provided. that the county board of any county may appoint an assistant inspector for such coutny, who shall under the direction of the district inspector in the performance of his duties, and shall receive not less than three dollars ($3) and not more than five dollars ($5) per day for the time actually employed, to be paid out of the county treasury, and he may be removed by such county board at any time.
Sec. 12. The inspectors provided for by this act shall devote their whole time and atention to the duties of their office, and make personal examination of every mine within their respective districts, and shall see that every necssary precaution is taken to insure the health and safety of the workmen em-ployed in such mines, and that the provisions and requirements of the mining laws of this Territory are faithfully observed and obeyed and the penalties of the same enforced. Upon a petition signed by not less than three reputable coal operators, or ten coal miners, setting forth; that any inspector of coal mines neglects his duties, or that he is incompetent, or that he is guilty of malfeasance in office, or guilty of any act tending to the injury of miners or operators of mines, it may be lawful for the Governor to issue a citation to the said inspector to appear, at no less than fifteen days notice on a fixed day, before him when he shall proceed to inquire into and investigate the allegations of the petitioners, and if he find that the said inspector is neglectful of his duty, or that he is, by reason of causes that existed before his appointment, or that have arisen since his appointment, incompetent to perform the duties of said office, or that he is guilty of malfeasance in office, or guilty of any act tending to the injury of miners or operators of mines, he shall declare the office of inspector of said district vacant, and shall appoint a properly qualified person to fill the office, in compliance with the provisions of this act; and the cost of said investigation shall be borne by the removed inspector; but (if) the allegations of the petitioners are not sustained by the decision of the Governor, the costs shall be paid by the petitioner.
Sec. 13. That when two or more coal mines are so located as to allow the said mines to be connected by permanent entries between and the land or mining rights lying between such mines is owned by any person or persons with whom the owner or owners of said mine or mines are unable to agree for the purchase of the right of way for the connecting entry or entries between such mines, and the right to maintain and use such entry as a connecting entry is claimed, such owner or owners of any such coal mine or mines, or either of them, may acquire36
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such light or title in the manner that mat7 be now or here' after provided by any law of eminent domain.
Sec. 14. It shall be lawful for the inspector, provided for in this act, to enter, examine and inspect any and all coal mines and machinery belonging thereto, at all reasonable times, bv da;v 01 by night, but so as not to obstruct or hinder the necessary workings of such coal mines, and the owner, agent or operator of every such coal mine is hereby required to furnish a necessaij facilities for entering and making such examin-ation and inspection, and if the said owmer, agent or operator aforesaid shall refuse to permit such inspection, the inspector shall file affidavit setting forth such refusal with the judge of *	c°urt in said county in which said mine is situated
and obtain an order on such owner, agent or operator so refusing as aforesaid, commanding him to permit and furnish such necessary facilities for the inspection of such coal mine, or to be adjudged to stand in contempt of court and punished accordingly, and if the said inspector shall after examination of any coal mine and the works and machinery pertaining thereto, find the same to be worked contrary to the provisions of this act, or unsafe for the workmen therein employed, said inspector shall, through the prosecuting attorney of his county, or any attorney in case of his refusal to act, acting in the name and on behalf of the Territory, proceed against the owner, operator of‘ such coal mine by injunction without bond after giving at least two days’ notice to such owner agent or operator; and said owner, agent or operator shall have befor.e the judSe to whom the application is made who shall hear the same on affidavits and such other ^ay ?ffered in support as well as in opposition thereto, and if sufficient cause appear, the court or judge in vacation by order shall prohibit the further working of anv such coal mine in which persons may be unsafely employed fontrarv to the provisions of this act, until the same shall have been made safe and the requirements of this act shall have themX? f YfXand the court shall award such costs in the mattei of said injunction as may be just; but anv such proceedings so commenced shall be without prejudice to anv other ^uedy permitted by law for enforcing the provisions of this bv anvils	injaLV to person or property, occasioned
SfKnr nr violation of this act or wilful failure to comply with am of its provisions, a right of action shall accrue to the party injured for any direct damages sustained thereby; and fu/ fVl °f °SS °/ lfe <5 reaS°n °f Such wilful violation or wil-tul failure as aforesaid, a right of action shall accrue to the widow of the person so killed, his lineal heirs or adopted chil-LAWS OF WASHINGTON
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dren or to any other person or persons who were before such loss of life dependent for suport on the person or persons so killed for a like recovery of damages for the injuries sustained by reason of such loss of life or lives; provided, that the occurrence of any accident in such mine or mines which shall result in injury or death to any person employed therein, shall be prima facie evidence of neglect upon the part of the person or corporation operating such mine. And provided further, that no employe or his legal representative shall be debarred recovery in such action where the injury was occasioned by the negligence of a co-employe, unless such employe was selected and employed by such person.
Sec. 16. Any miner, workman or other person who shall knowingly injure any water-gauge, barometer, air-course or bratice. or shall obstruct, or throw open any air-ways, or carry any lighted lamps or matches into places that are worked by the light of safety-lamps, or shall handle or disturb any part of the machinery of the1 hoisting engine, or open a door in the mine and not have the same closed again, whereby danger is produced, either to the mine or those at work therein; or who shall enter into any part of the mine against caution; or who shall disobey any order given in pursuance of this act; or who shall do any wilful act whereby the lives and health of persons working in the mine, or the security of the mine or mines or the machinery thereof is endangered, shall be deemed guilty of a misdemeanor, and, upon conviction, shall be punished by fine or imprisonment, at the discretion of the court; provided,, that where such wilful violation of the provisions of this act shall result in death, that the owner, operator, manager or managing officer of the corporation or other person violating the provisions of this act shall be deemed guilty of murder.
Sec. 17. The owner, agent or operator of any coal mine shall keep a sufficient supply of timber, where required to be used as props, so that the workmen may at all times be able to properly secure the said workings from caving in; and it shall be the duty of the owner, agent or operator to send down all such props when required, and the same to be delivered at the entrance to the working face.
Sec. 18. That all mines hoisting coal by steam power, from shaft or slope, having no other means of ingress or egress than that afforded to persons employed therein and (than) by said shaft or slope, shall within ninety days after the first day of July, A. D., 1888, have all engine and boiler houses roofed and sided with fire-proof materials, and they shall be situated not less than fifty feet from the mouth of the said shaft or shaft or near said slope, if enclosed, and all the coal chutes, slope; that the hoisting derricks erected over said hoisting38
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buildings and constructions, within a radius of fifty feet of the mouth of said hoisting shaft or slope, shall be covered an sided with fire-proof materials; and the person in charge, 11 owners or operators thereof, shall provide a steam pump an have the same conveniently situated, and a sufficient supp ) of water and hose always ready for use in any part ot the buildings, chutes or constructions within a radius ot nttj teet of said coal hoistings, shaft or slope; and if the person in charge of any such coal shaft or slope shall refuse or neg ec to comply with the provisions of this act, then the inspector of coal mines for the county in which the said shafts or slope is situated, shall proceed, through the prosecuting attorney of his county, or any attorney, in case of his refusal to act, acting in the name and on behalf of the Territory, against the owner, agent or operator of said shaft or slope, by injunction, without bond, after giving at least two days’ notice to such owner, agent or operator; and the said owner, agent or operator shai have the right to appear before the judge to whom the application is made, who shall hear the same on affidavits, and such other testimony as may be offered, in support as well as in opposition thereto; and if it be found that the owner, agent 01 operator of said shaft or slope has refused or neglected to comply with the provisions of this act, the court, or judge in vacation, by order, shall prohibit the further workings of any such coal shaft or slope until the owner, agent or operator shall have complied with the terms of this act.
Sec. 19. The use of iron needles and iron tamping bars, not tipped with five inches of copper, is hereby declared unlawful. Any failure on the part of a coal miner, or an employe in any coal mine, to conform to the terms and requirements of this act, shall subject such miner or employe to a fine of not less than five dollars nor more than twenty-five dollars, with costs of prosecution for each offense, to be recovered by civil suit before any justice of the peace; said fines, when collected, to be paid into the treasury of the county where the offense was committed, to the credit of the fund for the payment of the county inspector of mines.
Sec. 20. It shall be the duty of the grand jury of each county or at least once a year or oftener, if so directed by the judgeof the district court, to inspect all coal mines in operation and worked in such county, and certify their condition to the court, as in the case of the inspection of jails and other public institutions. It shall also be the duty of the coroner of the county when death results from accident in the operation and working of any coal mine, to hold an inquest as to the cause of death, as in case of death from an unknown cause, and reduce to writing the testimony of witnesses taken before
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The coroner s jury or have the same reduced to writing under his direction, and he shall forthwith tile the written testimony with the clerk of such court: and if death results from any wilful act in violation of the provisions of this act, he shall also recognize such witnesses to appear and testify at the next term of the district court of the county.
Sec. 21. That all contractors for the mining of coal, in which the weighing of coal as provided for in this act, shall be dispensed with, shall be null and void.
Sec. 22. All acts and parts of acts in conflict herewith are hereby repealed.
Sec. 24. This act to take effect and be in force from and .after its approval.
Approved February 2, 1888.
AN ACT
■CONCERNING ACTIONS TO ENJOIN COLLECTION OF TAXES, AND ACTIONS FOR RECOVERY OF PROPERTY SOLD FOR TAXES.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. Hereafter no action or proceeding shall be commenced or instituted in any court of this Territory to enjoin the sale of any property for taxes, or to enjoin the collection of any taxes, or for the recovery of any property sold for taxes, unless the person or corporation desiring to commence or institute such action or proceedings shall first pay, or cause to be paid, or shall tender to the officer entitled under the law to receive the same, all taxes, penalties, interest and costs justly due and unpaid from such person or corporation on the property sought to be sold or recovered.
Sec. 2. That in all actions to enjoin the sale of any property for taxes, in all actions to enjoin the collection of any tax, and in all actions for the recovery of anv property sold for taxes, the complainant must state and set forth specially in his complaint the tax that is justly due, with penalties, interest and costs, the tax alleged to be illegal, and point out the illegality thereof, that the taxes for that and previous years have been paid; and when the action is for the recovery of lands or other property sold for taxes against the person"or corporation in possession thereof that all taxes, penalties, interest and costs paid by the purchaser at tax-sale, his assignees or grantees have been fully paid or tendered, and payment refused.
Sec. 3. That the provisions of this act shall be construed as imposing additional conditions upon the power of the court40
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or judge in granting injunctions to those already imposed, and of imposing additional conditions upon the complaint in actions for the recovery of property sold for taxes.
Sec. 4. This act to take effect and be in force from and after its final passage and approval.
Approved February 2,1888.
AN ACT
TO PROVIDE FOR THE APPOINTMENT OF A CODE COMMISSION, AND TO MAKE AN APPROPRIATION FOR THE SAME.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That the Governor shall within thirty days after the approval of this act, appoint four persons, residents and practicing attorneys in the Territory of Washington, two Of whom shall be from each of the two great political parties, as commissioners to revise, codify and fully prepare a code of the laws of said Territory, having reference and adhering as closely as practicable to our present system.
Sec. 2. Said commisisoners shall meet within thirty days after their appointment and enter upon the discharge of their duties. They shall have power to appoint one clerk, and shall meet as often as once a month at the seat of the government for a comparison of work, and may continue in session for such time as may be necessary. They shall each receive the sum of seven dollars for each and every day so employed, but shall not receive individually, more than fifteen hundred dollars in the aggregate. Their clerk shall receive five dollars per day for each and every day so employed, but not to exceed one thousand dollars in the aggregate. Said compensation shall be paid by the territorial treasurer upon warrant drawn by the territorial auditor, upon certificate of the chairman of said commission and the approval of the Governor.
Sec. 3. It shall be the duty of said commission to prepare in the best possible form, a code of laws for general use in said Territory, adhering as closely as may be proper and practicable to the present system and laws, and to arrange the same logically and systematically under the proper headings and chapters supplying any ommissions and imperfections that may now exist, at the same time adopting practical necessary forms or laws, and keeping in view the laws and forms, and arrangement of the same now in use, in the states and territories under the code system. Said code shall be fully prepared andLAWS OF WASHINGTON
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shall be submitted in written or printed form to the next regular session of the legislature on the first day thereof.
Sec. 4. That there is hereby appropriated the sum of seven thousand dollars, or so much thereof as may be necessary out of any money in the territorial treasury not otherwise appropriated for the payment of said per diem to said commissioners and clerk and the further sum of two hundred and fifty dollars, or.so much thereof as may be necessary, for the purchase of stationery for said commission, which sum shall only be disbursed in the same manner as the compensation to the commissioners.
Sec. 5. This act shall be in force from and after its approval by the Governor.
Approved February 2, 1888.
AN ACT
TO PROVIDE AGAINST THE SPREAD OF INFECTIOUS OR CONTAGIOUS DISEASES AND IN RELATION TO QUARANTINE OF VESSELS IN THE TERRITORY OF WASHINGTON.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That the county commisisoners of the several counties of the Territory of Washington shall be, and the same are hereby created and constituted, a board of health for said county, whose duty it shall be to make such regulations respecting the quarantine of ships or vessels prescribing in what case it shall be performed by vessels arriving at any port in said Territory of Washington as may be just and reasonable and the same modify or change as in their opinion the public safety requires, and the board of health so constituted shall appoint a health officer who shall before entering upon the duties of his office, give bonds with good and sufficient sureties to the county commisisoners of the county where appointed, in the sum of one thousand dollars conditioned for the faithful performance of his duties as such health officer and shall be sworn before some officer qualified to administer oaths to perform the duties of his office to the best of his ability and which bond and oath shall be filed in the office of the county auditor.
Sec. 2. The health officer shall reside within the county where appointed and shall require all vessels having on board any person or persons infected with small-pox, plague, pestilential or malignant fever or other malignant, infectious or contagious diseases or who shall have been so infected during the voyage or having on board any goods reasonably supposed42
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to have any infections of such disease to perform quarantine at some safe, suitable and convenient place selected and designated for the purpose by the board of health and order the master or other person having charge or control of such vessel to proceed with such vessel and anchor at such designated place there to remain and be purified and cleansed as he may direct, and a suitable place on shore may be prescribed and properly limited for the landing, care, treatment and purification of any person or passenger of such vessel.
Sec. 3. The board of health may, and it shall be their duty to seize any goods landed from any such infected vessel without the permission of the health officer and remove and keep the same until they have caused them, the said goods to be thoroughly cleansed and purified and which cleansing and purification shall be performed by or under the direction of the health officr with all possible dispatch at which time such goods shall be turned over to the care and custody of the person properly claiming the same upon payment by the person so claiming paying the expense of such removal and purification and upon the failure of the health officer to turn over to such person any such goods agreeable to the provisions of this section he shall be liable for all damages that may arise from such failure and which may be recovered by suit in any court of competent jurisdiction together with costs of suit. That the fees of the health officer shall be fixed by the board of health provided for in this act, but shall not exceed the sum of five dollars for each vessel boarded or examined in the day time and ten dollars in the night time between the hours of 10 p. m. and 5 p. m., nor the sum of fifteen dollars for fumigating a vessel, which fee shall be paid (by the owner or agent of said) vessel and shall be a lien on said vessel until paid and no vessel shall receive a bill of health or clearance until such fee is paid and the health officer may recover such fee together with the cost of suit in any court having jurisdiction.
Sec. 4. Any owner, master, supercargo officer, seaman, consignee or any other person who shall refuse or neglect to obey the orders and regulations of the board of health in regard to such quarantine on the purification and cleansing of such vessel shall be punished by fine not exceeding one thousand dollars or by imprisonment not exceeding three months, or both.
Sec. 5. Any person sick on board any such vessel may be sent on shore by said health officer at some place appointed and limited for the purpose and shall there be maintained, provided and cleansed by or under the direction of the health officer at the expense of such sick or infected person if able, otherwise at the expense of the vessel in which the person orLAWS OF WASHINGTON
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persons may have been brought into any of the ports or waters ot the Territory of Washington or bordering on said Territory.
Sec. 6. If any person shall come on shore from any vessel infected or justly suspected of being so subjected to or per-oiming quarantine or shall leave the place appointed for the sick or for purification, being placed there or employed or placed there by the health officer without permission of such officer he or.she shall be fined not exceeding one thousand dollars or imprisoned not exceeding three months, or both.
Sec. 7. If any person shall without permission of the health officer go on board any vessel ordered for or performing quarantine or go within the limits appointed by the health officei foi the reception of infected persons and property on shore, he or she shall be considered as infected and shall be held to undergo purification in the same manner and under the same regulations and penalties as those who are performing quarantine and shall remain there at his or her own expense until discharged by the health officer and any person coming into any such place having been previously disguised (designated) as a place for infected persons or property or on board any vessel ordered to or performing quarantine and haying at the time the lawful flag as hereinafter described hoisted to the mast head without permission of the health officei he may be forcibly detained by the person or persons there employed by the health officer till he shall have undergone purification in the same manner and under the same regulations as those performing quarantine.
Sec. 8. A red flag at least six feet long and four feet wide shall be hoisted from sunrise to sunset at the main truck of any and all vessels ordered for and performing quarantine failing in which the vessel shall be liable to a fine of five hundred dof-lars, provided, the master or other person having the care and custody of any such vessel shall first be notified of such regulation and have sufficient time and opportunity to procure said flag. A flag as hereinbefore described, shall also be conspicuously displayed at the place designated by the board of health for the reception of infected persons and propertv on shore in default of which the officer or officers having the control of such infected place shall forfeit his appointment and shall also be liable to a fine of fifty dollars to be recovered be-for any justice of the peace by any person suing for the same.
Sec. 9. If any master, owner, supercargo, officer seaman or consignee of any vessel or any other person knowing such vessel to be subject to quarantine shall bring or suffer the same to be brought to or near any wharf, store or dwelling house or other building not in use for the purpose of the health officer in his official capacity as such or shall make any false41
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deH-iration as to the port or place from which such vessel came or in regard to the condition and health of any person on boar any such vessel or shall cause aid or pe™rt the land ngof any person or property of any nature or kind whatever from sue vessel without the permission of the health omceb ne ® be punished by fine not exceeding five thousand dollars 01 urisonment not exceeding three months, or both.
P Se“ 10. If any such vessel shall not be removed to the ulace of quarantine agreeable to the directions of the ^^Lh officer orphan be brought near any wharf, store or dwelling house or other building without his permission, the health officer shall cause such vessel to be forthwith removed^to sue ulace there to remain at the risk of the owners till the expira tion of the time limited by the health officer, and the of removal shall be paid by the master, owner or insigne who shall severally be liable therefor and may be reamed by the board of health together with costs of suit in anj ^aA1SecUlL The master of every vessel arriving at any port in any county in the Territory of Washington or at any port in the waters bordering on said Territory, having onward any person infected with plague, smallpox 01 othei malignam Mentions or pestilential disease, or who have been so> nfeeted during the voyage or having on board any goods which reasonably be supposed to have any infection of such diseas shall forthwith give notice thereof to the health officer, if anj such master or other person having charge of such vessel shall neglect to give such notice, he shall be fined not exceeding a < thousand dollars or may’ be imprisoned not exceeding six m°B Sw. 12 .^^'shall be the duty of the health (officers) to ap-ooint under the provisions of this act when by them deemed necessary to procure a suitable building, either by lease or con-Xction to be used exclusively by the health officer as a pest house and to approve all necessary expenses of said health> o ficer in procuring a building and keeping the same in proper repair and obtaining necessary furniture therefor, and in cai ■ rving into effect the provisions of this act and the county conn Xioners of any of the several counties of the Territory of Washington constituting said board of health shall apprm priate a sufficient sum out of any money in the treasury of said countv not otherwise appropriated to pay the health o ficer a iust and reasonable compensation for the services performed hi the discharge of his duty as such health officer and the county auditor shall issue an order countersigned by said board of health on the county treasurer who shall pay the same out of any money in the treasury not otherwise appropriated.
^13. The board of health shall give notice in suchLAWS OF WASHINGTON
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manner as they may think reasonable and most for the public good of any and all regulations made by them under the provisions of this act, the expense or cost of which shall be paid out of the county treasury, and the county auditor is hereby authorized to draw his warrant countersigned by said board of health on the county treasurer for the same who shall pay such bill out of any money in the treasury not otherwise appropriated.
Sec. 14. All fines recovered under the provisions of this act and not otherwise provided for, be and the same shall be paid into the county treasury.
Sec. 15. All acts and parts of acts in conflict with the provisions of this act are hereby repealed.
Sec. 16. This act shall take effect and be in force from and after its passage and approval by the Governor; provided, that this act shall in no wise effect, modify or repeal Chanter CLXI of the code of Washington in relation to the prevention of spread of contagious diseases in cities and towns, or Chapter CLIN of said code in relation to the quarantine of vessels or any general or special municipal charter or any general law heretofore enacted upon this subject.
Approved February 2, 1888.
AN ACT
CONCERNING CONVEYANCES OF REAL ESTATE.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That all conveyances of real estate, or of any interest therein, and all contracts creating or evidencing any incumbrance upon real estate shall be by deed.
Sec. 2. A deed shall be in writing, signed by the party bound thereby, and acknowledged by the party making it, before some person authorized by the* laws of this Territory to take the acknowledgment of deeds.
Sec. 3. The use of private seals to the signature of the grantor or grantors is hereby abolished, and no private seals shall be necessary to the validity of any deed of real estate in this Territory.
Sec. 4. The term “heirs,” or other technical words of inheritance, shall not be necessary to create and convey an estate in fee simple.
Sec. 5. All acts or parts of acts in conflict herewith are hereby repealed.46
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Sec. 6. This act shall take effect and be in force from and after the first day of March, 1888.
Approved January 31, 1888.
AN ACT
TO AMEND SECTION SIX AND SEVEN OF AN ACT ENTITLED “AN ACT” CONCERNING CONVEYANCES OF REAL ESTATE AND PROVIDING A FORM FOR DEEDS, MORTGAGES AND CERTIFICATES OF ACKNOWLEDGMENTS, AND DECLARING THE EFFECT THEREOF, “APPROVED” JANUARY 21, 1856.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That section six of an act entitled “An act concerning conveyances of real estate and providing a form for deeds, mortgages and certificates of acknowledgments, and declaring the effect thereof,” approved January 21st, 1886, be and the same is hereby amended to read as follows: Section 6. Mortgages of land may be made in the following form, substantially. The mortgagor (here insert name or names), mortgages to (here insert name or names of mortgagee or mortgagees) to secure the payment of (here recite the nature and amount of indebtedness, showing when due, rate of interest, and whether secured by note or not) the following described real estate (here insert description,) situated in the county of --------, Washington Territory, dated this-day of------, 18—. Every such mortgages, when otherwise properly executed, shall be deemed and held a good and sufficient conveyances and mortgage to secure the payment of the money therein specified. The parties may insert in such mortgage any lawful agreement or condition.
Sec. 2. That section seven of said act be and the same is hereby amended to read as follows: Section 7. A certificate of acknowledgment, substantially in the following form, shall be sufficient.
Territory of Washington, County of---------, ss:
I,	(here give name of officer and official title) do hereby certify that on this -- day of------, 18—, personally ap-
peared before me (name of grantor and if acknowledged by wife, her name and add “his wife,”) to me known to be the individual or individuals described in and who executed the within instrument, and acknowledged that he (she or they) signed and sealed the same as his (her or their) free and voluntary act and deed, for the uses and purposes therein mentioned. Given under my hand and official seal this —— day of ------, A. D. 18—. (Signature of officer.)LAWS OF WASHINGTON
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Sec. 3. This act chai I take effect after the first day of March, 1888.
Approved February 1/1888.
and be in force from and
AN ACT
RELATING TO THE CONVEYANCE OR OTHER DISPOSITION OF THE PROPERTY OF MARRIED PERSONS.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That a husband may give, grant, sell or con a ej directly to his wife, and a wife may give, grant, sell or convey directly to her husband," his or her community right, title, interest or estate in all or any portion of their community real property. And every deed made from husband to wife, or from" wife to husband, shall operate to divest the real estate therein recited from any or every claim or demand as community property and shall vest the same in the grantee as separate property the grantor in all such deeds, or the party releasing such community interest or estate shall sign, seal, execute and acknowledge the deed as a single person without the joinder therein of the married party therein named as grantee: Provided, however, that the conveyances or transfers hereby authorized shall not affect any existing equity in favor of creditors of the grantor at the time of such transfer, gift or conveyance. And, provided further, that any deeds of gift, conveyances or releases of community estate by or between husband and wife heretofore mode, but in which the husband and wife have not joined as grantors, said deeds where made in good faith and without intent to hinder, delay or defraud creditors shall be and the same are hereby fully legalized as valid and binding.
Sec. 2. A husband or wife may make and execute powers of attorney for the sale, conveyance, transfer or encumberance of his or her separate estate both real and personal, without the other spouse joining in the execution thereof. Such power of attorney shall be acknowledged and certified in the manner provided by law for the conveyance of real estate. Nor shall anything herein contained be so construed as to prevent either husband or wife from appointing the other his or her attorney in fact for the purposes provided in this section.
Sec. 3. Any conveyance, transfer, deed, lease or other encumbrances executed under and by virtue of such power of attorney shall be executed, acknowledged and certified in the same mannei as if the person making such power of attorney had been unmarried.48
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Sec. 4. A husband may make and execute a letter of attorney to his wife, or the wife may make and execute a letter of attorney to the husband authorizing the sale or other disposition of his or her community interest or estate in the community property and as such attorney in fact to sign the name of such husband or wife to any deed, conveyance, mortgage, lease or other encumbrance or to any instrument necessary to be executed by which the property conveyed or transferred shall be released from any claim as community property. And either said husband or said wife may make and execute a letter of attorney to any third person to join with the other in the conveyance of any interest either in separate real estate of either, or in the community estate held by such husband or wife in any real property. And both husband and wife owning community property may jointly execute a power of attorney to a third person authorizing the sale, encumbrance or other disposition of community real property, and so execute the necessary conveyance or transfer of said real estate.
Sec. 5. All powers of attorney heretofore made and executed by any married woman jointly with her husband and duly acknowledged and certified and all powers of attorney heretofore made or executed by husband or wife to the other, authorizing the sale or other disposition of real estate, whether separate or community real estate duly acknowledged conformably with the previous sections, and all conveyances heretofore and hereafter executed under and by virtue of such powers of attorney and acknowledged and certified in the manner provided herein, shall be valid and binding; provided, that any rights vested in third persons shall not be affected by anything in this section contained.
Sec. 6. All acts and parts of acts in conflict with the provisions herein contained are hereby repealed.
Sec. 7. This act shall take effect and be in force from and after its passage and approval by the Governor.
Approved February 2, 1888.
AN ACT
TO PROVIDE FOR THE TRANSPORTATION OF CONVICTS TO THE TERRITORIAL PENITENTIARY AND TO FIX THE COMPENSATION THEREFOR.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That the costs of transporting prisoners convicted and sentenced to imprisonment in the Territorial peni-LAWS OF WASHINGTON
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tentiary, by the laws of this Territory, shall be paid for by the Territory as hereinafter provided.
Sec. 2. That all persons convicted and sentenced to imprisonment in the Territorial penitentiary under the laws of this Territory, shall be conveyed to the Territorial penitentiary by the sheriti or his deputy, or by some person appointed by the sheriff or his deputy or guard for that purpose.
Sec. 3. The sheriff or his deputy may by authorization of the court appoint not to exceed one guard for each prisoner so conveyed, which guard or guards snail assist in conveying said prisoners to the penitentiary, and the compensation for the services of said guard shall be three dollars per day, and actual traveling expenses en route from and returning to the county seat of the county from which the prisoner is conveyed, by the nearest traveled route while engaged in said service.
Sec. 4. The sheriff or his deputy of the county from which the prisoner is conveyed, shall receive the sum of $5 per day and his actual traveling expenses for the time necessarily employed in conveying prisoners to the penitentiary, computing the time by the nearest traveled route, from the county seat of his county to the penitentiary and return. In addition to his own personal expenses the sheriff or his deputy shall be allowed his actual disbursements necessarily paid out by him for the board and traveling expenses of the prisoner sc conveyed, and all the expense and per diem, of the guard as provided in section three of this act, which last sum shall be paid by the sheriff to the guard in the first instance, and the sheriff or his deputy shall make out an itemized account of his own and the expenses of the prisoner and guard, if there be ore, and verify the same by his oath. The account so made out shall be filed with and audited by the territorial auditor, and the same or so much thereof as shall be deemed just and lawful, paid by the Territory.
Sec. 5. The Territorial auditor shall examine the sworn statement of the sheriff or his deputy, and also the certificate of superintendent of the Territorial penitentiary, and if he find the same correct he shall audit the bills and accounts presented or any part thereof, and issue a warrant on the Territorial treasurer, who shall pay the same out of any moneys in the treasury not otherwise appropriated.
Sec. 6. This act to take effect and be in force from and after its passage and approval by the Governor.
Approved January 31, 1888.50
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AN ACT
PROVIDING FOR THE COMMUTATION OF SENTENCE OF TERRITORIAL PRISONERS.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. Every able-bodied convict confined in the Territorial penitentiary shall perform as many hours of faithful labor in each and every day during his term of imprisonment as shall be prescribed by the rules and regulations of the prison, and every convict faithfully performing such labor, and being in all respects obedient to the rules and regulations of the prison, or if unable to work, yet faithful and obedient, shall be allowed from his term a deduction of one month in each period of six months of the first two years, one and one-half months in each period of six months of the next two years, and two months in each period of six months of the remaining years of said term; provided, that any such convict who shall commit an assault upon his keeper, or any overseer, guard, officer, or convict, or otherwise endanger life, or by any flagrant disregard of the rules of the penitentiary, or shall escape or attempt to escape, or any misdemeanor whatever, shall forfeit all deductions of time earned by him for good conduct before the commission of such offence; such forfeiture, however, shall only be made by the superintendent, after due proof of the offense, and notice to the offender; nor shall such forfeiture be imposed when a party has violated any rule or rules without violence or evil intent, of which the superintendent shall be sole judge.
Sec. 2. The rules of commutation fixed in the last preceding section is to be so applied as that any refusal to labor, a breach of the prison rules, or other misconduct, works a forfeiture of the credits of time thus earned, or such part of it as the superintendent may determine, subject to the confirmation or rejection by the Governor, on appeal by the prisoner. I nless the Governor, on appeal within thirty days thereafter, rejects the forfeiture, it is confirmed. The' above provisions applv to all persons now in prison in the Territorial penitentiary, and the commutation must be computed as herein directed, to wit: Every convict serving a sentence of one or two years shall be allowed one month for each period of six months of his unexpired term of imprisonment and for any number of months less than six he shall be allowed five days for each month; every convict serving the third or fourth year of his term of inprisonment shall be allowed one and one-half months for each period of six months unexpired in said third or fourth year, and for any number of months less than six, he shall beLAWS OF WASHINGTON	51
allowed for each month a pro rata of one and one-half months in the ratio of one and one-half to six; every convict serving the fifth year of his term of imprisonment, or any year of a longer term of imprisonment than five years, shall be allowed two months for each period of six months of his unexpired term of imprisonment, and for any number of months less than six he shall be allowed ten days for each month.
Sec. 3. That a record of the credits for good behavior shall be kept in the case of any convict undergoing a sentence in the penitentiary for life, as though said convict were undergoing a sentence for a term of years, such record to be certified by the superintendent to the Governor in the case of an application for pardon by said convict.
Sec. 4. The superintendent may make such rules and regulations as may be necessary to carry into effect the provisions of this act.
Sec. 5. At the end of every month the superintendent must report to the Governor of the Territory the names of ail prisoners whose terms of imprisonment are about to expire by reason of the benefits of the foregoing provisions, giving in such report the terms of their sentences, the date of imprisonment, the amount of total credits to the date of such report, and the date when their service would expire by limitation of sentence. The Governor, at the expiration of the term for which any person has been sentenced, less the commutation of time allowed and credited to him, must order the release of such prisoner, by an order under his hand addressed to the superintendent of the penitentiary, in such mode and form as he may decree proper, and w ith or without restoration to citizenship, according to his discretion.
Sec. 6. When a person is sentenced to imprisonment in the penitentiary, his term of confinement therein commences from the day of his delivery at such prison to the proper officer thereof, and no time during which such person is voluntarily atsent from such penitentiary can be estimated or counted a part of the term for which such person was sentenced.
Sec. 7. This act to take effect and be in force from and af er its passage and approval.
Approved February 2, 1888.
AN ACT
TO REGULATE THE MODE OF PROCEEDING TO APPROPRIATE LANDS, REAL ESTATE OR OTHER PROPERTY, BY CORPORA-"IONS FOR CORPORATE PURPOSES, AND OF ASCERTAINING AND SECURING COMPENSATION THEREFOR.52
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Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. Whenever any corporation authorized by law to appropriate lands, real estate, premises or other property for right of way, or other corporate purposes, is unable to agree with the owner thereof as to the compensation to be paid therefor, either such corporation, or the owner of such lands, or any person intersted in such lands, real estate, premises or other property, may present to the district court of the district, including the county in which any land, real estate, premises or other property proposed to be taken, shall be situated, or to the judge of such district court, a petition in which the lands real estate, premises or other property, sought to be appropriated shall be described with reasonable certainty, and setting forth the name of each and every owner, incumbrancer or other person interested in the same or any part thereof, so far as the same can be ascertained from the public records. The object for which the land is sought to be appropriated and praying the appointment of three competent, disinterested persons, as commissioners to ascertain and determine the compensation to be made to such owner or owners respectively, and to all tenants, incumbrancers and others interested, for the taking or injuriously affecting such lands, real estate, premises or other property.
Sec. 2. A notice stating briefly the objects of the petition, and containing a description of the lands, or property proposed to be taken, and stating the time and place, when and where the same will be presented to the court, or the judgre thereof, shall be served on each and every person named therein, as owner, incumbrancer, tenant or otherwise interested therein, at least ten days previous to the time designated in such notice, for the presentation of such petition. Such service shall be made by delivering a copy of such notice to each of the persons so named therein, if a resident of the Territory, or in case of the absence of such person, by leaving a copy of such notice at his or her usual place of abode, with some person of over sixteen years. In case of domestic corporations such service may be made upon the president, secretary or any director or trustee of. such corporation. In case of minors, on their guardians; or in case no guardian shall have been appointed, then on the person who has the care and custody of such minor, in case of idiots, lunatics or distracted persons, on their guardian, or in case no guardian shall have been appointed, then on ihe person in whose care or charge they are found. In all cases where the owner or person claiming an interest in such real or other property, is a non-resident of this Territory, or where the residence of such owner or person is unknown, and an tffi-LAWS OF WASHINGTON
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davit by the agent or attorney of the corporation shall be filed that such owner or person is a non-resident of this Territory, or that after diligent inquiry, his residence is unknown or cannot be ascertained by such deponent, service may be made by publication thereof in any newspaper published in the county where such lands are situate, once a week for four successive weeks; and in case no newspaper is published in said county, then such publication may be had in a newspaper published in the county nearest to the county in which lies the land sought to be appropriated. And such publication shall be deemed service upon each of such non-resident person or persons whose residence is unknown. Such notice shall be signed by the president, general manager, secretary or attorney of the corporation; and in case the proceedings provided for in this act, are instituted by the owner or any other person interested in the land, real estate premises or other property, proposed to be taken, then such notice shall be signed by such owner or person interested, or his or her attorney. Such notice may be served by any competent person over twenty-one years of age. Due proof of the service of such notice by affidavit of the person serving the same, or by the printer’s affidavit of publication, shall be filed with the clerk of such district court, before the presentation of such petition. Want of service of such notice shall render the subsequent proceedings void as to the person not served, but all persons having been served with notice as herein provided, either by publication or otherwise, shall be bound by the subsequent proceedings. In all other cases not otherwise provided for, service of notices, orders and other papers in the proceedings authorized by this act, may be made as the district court or the judge thereof may direct.
Sec. 3. The court or judge may upon application of the petitioner or of any owner or party interested, for reasonable cause adjourn the proceedings from time to time, and may order new or further notice to be given to any party whose interest may be affected.
Sec. 4. At the time and place appointed for hearing said petition, or to which the same may have been adjourned, if the court shall have satsifactory proof that all parties interested in the lands, real estate, premises or other property, described in said petition, have been duly served with said notice as above prescribed and shall be further satisfied by competent proof that the public interest require the prosecution of such enterprise, and that the lands, real estate or other property proposed to be taken, are required and necessary for the purposes of such enterprise, the court may make an order to be recorded in the minutes thereof appointing three compe-54
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tent disinterested persons resident in said district, commissioners to ascertain and determine the amount to be paid by such corporation to each of such owners or persons interested as compensation for his or her damages, by reason of the taking or injuriously affecting any such land or real estate, premises or other property, and specifying the time and place of the first meeting of said commissioners, and fixing their compensation. Before entering upon their duties, such commissioners shall severally take and subscribe an oath, before some person qualified to administer oaths, faithfully and impartially to discharge the duties of their appointment.
Sec. 5. The commissioners shall meet at the time and place mentioned in the order appointing them, and shall proceed to examine so much of the line of the canal, railroad or other improvement named in said petition as is situate in said district, and described in said petition, and all the land, real estate, premises or other property, which will be taken, appropriated or used, by or for the purposes of said enterprise, and which are described in said petition, and shall hear the allegations and testimony of all persons interested, and proceed to make in each case a separate assessment of damages which will result to any parties, corporation or company, by reason of the construction of said canal, railroad or improvement, and shall determine, appraise and award to the owners of such land, property, premises, easement or any other right proposed to be taken or injuriously affected the amount of damages arising to them respectively, from the taking or injuriously affecting their said land, property, premises or estate for the purpose of such enterprise.
Sec. 6. Within twenty days after completing the said examination and the making of the said appraisement of damages, the said commissioners, or a majority of them, shall file a report of their doings in the premises, in the office of the district court embracing the county where the said application for the appointment of said commissioners was made; and if no appeal is taken as hereinafter provided, within thirty days from the filing of such report, the same shall stand confirmed and judgment be entered accordingly.
Sec. 7. I pon the filing of said report, the petitioners, or any officer of, or other person duly appointed by said corporation, may make payment of the damages assessed to the parties entitled to the same, and of the costs of the proceedings, by depositing the same with the clerk of said court, to be paid out under the direction of the judge thereof; and upon making such payment into the court of the damages assessed and allowed^ and of the costs, to any tract or parcel mentioned in said affidavit, such railroad company or other corporationLAWS OF WASHINGTON
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shall be released and discharged from any and all further liability therefor, unless upon appeal, the owner should recover a greater amount of damages; and in that case only for the amount in excess of the sum paid into said court, the costs of appeal together with the sum heretofore paid into said court.
Sec. 8. Any person claiming to be entitled to any money paid into the court, as provided in this act, may apply to the court therefor, and upon furnishing evidence satisfactory to the court that he is entitled to the same, the court shall make an order directing the payment to such claimant the portion of such money as he shall be found entitled to; but if, upon application the court should determine that the title to the tract or tracts or other property specified in the application of such claimant was in such condition as to require that an action be commenced to determine the conflicting claims thereto, he shall refuse such order until such action is commenced, and the conflicting claims to such real estate or other property be determined according to law.
Sec. 9. Appeals from the assessments made by the commissioners may be taken and prosecuted in the district court where the report of said commissioners is filed, by any party interested within thirty days from the date of filing such report as aforesaid, and such appeal shall be taken by like notice to parties interested or their attorneys as in appeals from justice courts to the district court; provided, however, that no bond shall be required of any person interested in the property sought to be appropriated by such corporation; but in case the corporation appropriating is appellant it shall give a bond like that prescribed in the next following section, to be executed. filed and approved in the same manner.
Sec. 10. The construction of such road, line or canal, or the prosecution of such improvement, shall not be hindered, delayed or prevented by the prosecution of the appeal; provided, the corporation execute and file with the clerk of the court in which the appeal is pending, a bond to be approved by said clerk, with sufficient sureties conditioned that the persons executing the same, shall pay whatever amount may be required by the judgment of the court therein, and abide any rule or order of the court in relation to the matter in controversy.
Sec. 11. Appeals shall bring—before the appellate court, the sufficiency of the amount of damages in respect to the parties to the appeal; and unless the parties otherwise agree, the matter shall be submitted to a jury and tried as other appeal cases are tried and the court or jury, as the case may be, shall re-assess the damages aforesaid, making the verdict confirm (conform) to the justice and facts of the ease.LAWS OF WASHINGTON
Sec. 12. Either party may appeal to the supreme court of the Territory as in other cases; provided, that if the owner of the land, real estate or other property, accepts the sum awarded by the commissioners, he shall be deemed thereby to conclusively waive a trial in the district court and appeal to the supreme court and final judgment by default may be rendered in the district court as in other cases.
Sec. 13. The district court, at the time of rendering judgment, for damages, whether upon default or trial, shall also enter up a judgment, or decree of appropriation of the land or right of way in question, thereby vesting the legal title to the same in the corporation for corporate purposes.
Sec. 14. That the remedy provided by this act shall be exclusive of all other remedies.
Sec. 15. No rights acquired in actions now pending under existing laws, shall be affected by anything herein contained; and as to all pending actions, such laws are continued in full force and effect.
Sec. 1G. This act shall take effect and be in force from and after its approval by the Governor.
Approved February 1, 1888.
AN ACT
IN RELATION TO THE POWERS OF CORPORATIONS AND TO AMEND CHAPTERS CLXXXVII OF THE CODE OF WASHINGTON, RELATING TO THE SAME SUBJECT.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That section 2455 of the code of Washington be and the same is hereby amended to read as follows:
Section 2455. A corporation organized for the construction of any railway, macadamized road, plank road, clay road, canal or bridge, shall have a right to enter upon any land, real estate or premises, between the termini thereof for the purpose of examining, locating and surveying the line of such road or canal, or the site of such bridge, doing no unnecessary damage thereby.
Sec. 2. That section 2456 of the code of Washington is hereby amended so as to read as follows:
Section 2456. That such corporation may appropriate so much of said land, real estate or premises as may be necessary for the line of such road or canal, or the site of such bridge, not exceeding two hundred feet in width, besides a sufficient quantity thereof for toll houses, workshops, materials for con-LAWS OF WASHINGTON
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struction, a right of way over adjacent lands or premises to enable such corporation to construct and repair its road, canal or bridge, and to make proper drains and in the case of a railroad, to appropriate sufficient quantity of such lands, real estate or premises in addition to that before specified in this section, for the necessary side tracks, depots and water stations, and the right to conduct water thereto by aqueduct; compensation therefor to be made to the owner thereof, irrespective of any increased value thereof by reason of the proposed improvement by such corporation, in the manner provided by law; and provided, further, that if such coporation locate the bed of such railroad or canal upon any portion of the track now occupied by any established Territorial or county road, said corporation shall be responsible to the county commissioners of said county or counties, in which said territorial or county road so appropriated is located, for all expenses incurred by said county or counties, in locating and opening the portion of said road so appropriated.
Sec. 3. That there be and there are hereby added to said Chapter CLXXXVII two new sections to be called sections 2456|, and 2456| which shall read as follows:
Sec. 2456|. Every corporation formed under this chapter for the construction of a railroad shall have the power to cross, intersect, join and unite its railway with any other railway before constructed at any point in its route, and upon the grounds of such other railway company, with the necessary turnouts, sidings, switches and other conveniences in furtherance of the object of its connections, and every corporation whose railway is, or shall be hereafter intersected by any new railway, shall unite with the corporation owning such new railway in forming such intersections and connections, and grant the facilities aforesaid; and if the two corporations cannot agree upon the amount of compensation to be made therefor, or the points and manner of such crossings and connections, the same shall be ascertained and determined in the manner provided by law for the taking of lands and other property which shall be necessary for the construction of its road.
Sec. 2456f. Every corporation formed under the laws of this Territory for the construction of railroads shall possess the power to construct its railway across, along or upon any river, stream of water, water course, plank road, turnpike or canal, which the route of such railway shall intersect or touch; but such corporation shall restore the river, stream, water course, plank road or turnpike thus intersected or touched to its former state as near as may be and pay any58
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damages caused by such construction. Provided, that the construction of any railway by such corporation along, across or upon any of the navigable rivers or waters of this Territory shall be in such manner as to not interfere with, impede or obstruct the navigation thereof.
Sec. 4. This act shall take effect and be in force from and after its approval by the Governor.
Approved February 1, 1888.
AN AGT
TO AMEND SECTION 2434, CHAPTER CLXXXV, OF THE CODE OF WASHINGTON, RELATING TO THE FORMATION OF CORPORATIONS.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That section 2434 of the Code of Washington be, and the same is hereby amended by adding thereto the proviso as follows: Provided further, that the provisions of this section shall not apply to the debentures or bonds of any company duly incorporated under the provisions of this chapter, the payment of which debentures or bonds shall be secured by an actual transfer of real estate securities for the benefit and protection of purchasers of said debentures or bonds, such securities to be at least equal in amount to the par value of such bonds or debentures, and to be first liens upon the unincumbered real estate, worth at least twice the amount loaned thereon; provided further, however, that such issue of debentures or bonds shall in no case exceed ten times the capital stock of the issuing corporation.
Sec. 2. This act shall take effect and be in force from and after its passage and approval.
Approved February 2. 1888.
AN ACT
TO AUTHORIZE TELEGRAPH AND TELEPHONE COMPANIES TO EXERCISE THE RIGHT OF EMINENT DOMAIN AND TO PRESCRIBE THE MODE OF APPROPRIATION.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That every corporation incorporated under the laws of this Territory or any State or Territory of the 1 nited States for the purpose of constructing, operating orLAWS OF WASHINGTON
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maintaining any telegraph or telephone in this Territory shall have the right to enter upon any land between the termini of its proposed lines of telegraph or telephone for the purpose of examining, locating and surveying the line of such telegraph or telephone, doing no unnecessary damage thereby.
Sec. 2. Such telegraph or telephone company may appropriate so much land as may be actually necessary for its line of telegraph or telephone, with the right to enter upon lands immediately adjacent thereto, for the purpose of constructing, maintaining and operating its line ad making all necessary repairs. Such telegraph or telephone company may also, for the purpose aforesaid, enter upon and appropriate such portion of the right-of-way of any railroad company as may be necessary for the construction, maintenance and operation of its telegraph or telephone line; provided, however, that such appropriation shall not obstruct such railroad of the travel thereupon, nor interfere with the operation of such railroad.
Sec. 3. Whenever any telegraph or telephone company authorized by this act to appropriate lands or any interest therein for the purposes aforesaid, is unable to agree with the ower thereof as to the compensation to be paid, either such telegraph or telephone company or the owner of the land, may, by petition, in which the land or the interest therein sought to be appropriated shall be described with reasonable-certainty, apply to the judge of the judicial district in which said land is situated for the appointment of three disinterested house-holders to assess damages. Such petition may be filed with the clerk of any district court of said judicial* district.
Sec. 4. A notice stating briefly the objects of the petition. and containing a description of the lands, or property proposed to be taken and stating the time and place, when and where the same will be presented to the court, or the judge thereof, shall be served on each ad every person named therein as owner, incumbrancer, tenant or otherwise interested therein, at least ten days previous to the time designated in such notice for the presentation of such petition. Such service shall be made by delvering a copy of such notice to each of the persons so named therein, if a resident of this Territory, in all other cases the notice may be served in the same manner as summons in civil actions may be served in this Territory and upon proof of service of notice and presentation of the petition to the judge, the latter shall appoint three disinterested house-holders who shall be residents and electors of said district, and shall direct the clerk of said court to issue a summons under the seal of the court requir-60	LAWS OF WASHINGTON
ing said house-holders to appear before said judge at a certain place and on a certain day not less than ten nor more than twenty days from the date of making said order, which said summons shall be served upon the house-holders and the opposite party (unless such party shall have appeared) as other processes in the district court, at least five days before the return day thereof; and the house-holders so summoned, after being sworn faithfully and impartially to examine the property proposed to be appropriated by such company 01 owner, or both of them, shall assess the damages which, in their judgment, such owner will sustain by the appropriation of such property for the purposes aforesaid, and said Householders shall make written reports, signed by at least a majority of them, one of which shall be delivered to the petitioner or person authorized to represent the same, one to the owner or his agent, and the other to the clerk of the said district court to be filed.
Sec. 5. Upon the payment to such clerk for the use ot the owner of the property sought to be appropriated of the damages assessed by said house-holders, said telegraph or telephone companv shall have the right to appropriate such propertv to its own use for the corporate purposes aforesaid, subject to the action of the district court in regard to damages, as hereinafter provided.
Sec. 6. The clerk of said district court shall immediately file said report, and put the case upon the trial docket of the next term, the petitioner to be plaintiff and the owner to be defendant. If no objection be made, and filed with said clerk by either party to said report or proceedings within ten days after the delivery of the report to said party, the said report shall stand confirmed, and judgment of appropriation shall be rendered accordingly, after payment of the damages, as above provided. But either party may elect to have said cause tried and the parties shall then be at liberty to file the ordinary pleadings in a civil action, or such special proceedings as the court may allow; and the issues thus formed shall be tried as in other civil cases, the costs to be taxed against the telegraph or telephone company only when the verdict and judgment is for a larger amount than was awarded by the house-holders, or the cause has been tried at the instance of such telegraph company for the purpose of reducing the amount of damages and the damages are not so reduced; otherwise the costs shall be taxed against the owner of the land.
Sec. 7. Ether party may appeal from the judgment of the district court to the supreme court, as in other cases, provided that if the owner of the land accepts the sum awarded by the house holders, he shall be deemed thereby to conclu-LAWS OF WASHINGTON
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sively waive a trial in the district court or appeal to the supreme court, and final judgments shall be rendered against him, as in other cases.
Sec. 8. The district court, at the time of rendering judgment for damages, whether upon default or trial, shall' also enter up judgment for the appropriation of the property which judgment shall be deemed to vest the title to the same in the telegraph or telephone company for the uses above stated which are hereby declared to be public.
Sec. 8 (9). This act shall take effect and be in force from and after its passage.
Approved February 1, 1888.
AN ACT
TO PROVIDE FOR THE LOCATION OF COUNTY SEATS IN COUNTIES-WHERE THE SAME HAVE NOT ALREADY BEEN LOCATED.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That it in all counties in this Territory in which there has been no county seat determined and located, the said counties may have the same determined and Derma-nently located in the manner provided in this act.
Sec. 2. That whenever in the opinion of the county commissioners of any such county it may be necessary or whenever a petition signed by one hundred free holders of such county, asking that a county seat be located under the provisions of this act, the county commissioners shall call a special election of the qualified voters of such county, at which election the question of the permanent location of the county seat of such county shall be voted upon.
Sec. 3. It shall be the duty of the county auditor of such county upon the issuance of the call for such special election, by the county commissioners as provided in section 2 of this act, to give notice thereof by the publishing in the official newspaper of the county for at least four weeks successively next prior to the date of such election, and posting in ten conspicuous places in the county for a period of thirty days.
Sec. 4. Such notice shall contain the object for which such special election is to be held and the date of the holding of the same.
Sec. 5. The polling places at such election shall be the same as those designated at last general election and the county commissioners shall provide for and appoint inspectors and judges for such election, in the same manner as now62	LAWS OF WASHINGTON
provided by law in general elections, and the general election law so far as the same may be applicable shall govern in. such election.
Sec. 6. The ballots for such elections shall be written or printed or partly printed and party written and substantially as follows: For county seat, the city (or town) of ...........and by such ballot the elector shall designate the city or town for which he desires to cast his vote for county seat; provided, that it shall not be necessary that the ballots, at such election shall be larger in size than two inches by three inches.
Sec. 7. The vote cast at such special elections shall be counted, canvassed, certified and returned in the same manner as at general elections; provided, that the county auditor shall return the result of such election to the county commissioners who shall meet and declare and enter the result upon their records.
Sec. 8. The city or town receiving the highest number of votes, such number being not less than a majority of all the votes cast at the said election shall be the county seat of such county.
Sec. 9. If upon a canvass of the votes cast at said election. no city or town shall have received a majority of all the votes cast, the question of the re-location of the county seat may be again submitted to the qualified voters of such county at the general election next succeeding the special election herein before provided for, and it shall be the duty of the countv auditor to give like notice as provided in sections 3 and 4"hereof; provided, however, that at said general election the electors of such counties shall designate by their ballots as herein provided, their choice for county seat between the two places receiving the highest number of votes at the special election herein above provided for, and no ballots cast for any other city or town shall be considered or counted, but shall be deemed void and of no effect, and the city or town receiving the highest number of votes shall be the county seat. The ballots cast at said general election shall be canvassed, certified and returned and the result declared as provided in section 7 of this act.
Sec. 10. It shall be the duty of the several county officers, whose offices are required by law to be kept at the county seat, to remove their respective offices, files, records,.office fixtures, furniture and all public property, pertaining to their respective offices to the county seat designated by the electors. within sixty days after such county seat shall have been designated bv the electors under the provisions of this act.
Sec. 11. ’ This act to take effect and be in force from and after its passage and approval.
Approved February 2, 1888.LAWS OF WASHINGTON
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AN ACT
TO CREATE AND ORGANIZE THE COUNTY OF OKANOGAN.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. Ihat all of that part of Stevens county, beginning at the intersection of the 49th parallel with the range line between ranges 31 and 32 east, and from thence running hi a southerly direction on said range line to the intersection of the said range line with the Columbia river and thence down said river to the confluence of Wenatchee river and thence up the said river and along the present western boundaries of Stevens county to the 49th parallel and thence on the said parallel to the place of first beginning, shall be and constitute the county of Okanogan.
Sec. That \\ illiam Granger. Guy Waring and George uilet are hereby appointed a board of countv commission-- Jrs power to appoint all necessary countv officers to perfect the organization of the said county; said'officers to serve until the first Monday in March, 1889, or until their successors are elected and qualified and also with the power to locate the county seat of the said county until the same is permanently located by an election as hereinafter provided Thar said commissioners shall, for the purpose of organizing said county, meet at the house of John Perkins, at the head of Johnson creek, in said county, on the first Tuesday in March 4888, and there organize the said county and elect'the officers ot the said county and locate the countv seat temporarily as herein before provided.	'
Sec- 3‘ .That at the next general election, the qualified voters ot said county shall determine the location of the county seat for said county. That said county seat shall be located at a place receiving the highest number of votes at said election. That the said election shall be held in every wav and under the same provisions of law as that for the election of county officers. That the sheriff, auditor ad probate iud^e shall constitute a board whose duty it shall be to canvass the votes upon said question of location. That for this purpose they shall meet upon the third Tuesday after the election at 10 o’clock, a. m., at the office of the county auditor of said county, and proceed to canvass said votes. That they shall thereafter immediately certify the result of the said election to the county commissioners of the said county whose duty it shall be at the first regular meeting after such certificate shall be filed with the clerk of the said board, to cause the county seat to be removed to the place designated in the said certificate, as the place receiving the highest number of votes64	LAWS OF WASHINGTON
at said election and they shall, at said place provide offices for the several county officers, and the said place receiving the highest number of votes shall thereafter be considered for all purposes as the county seat of the said county.
Sec. 4. That the justices of the peace and constables, who are elected as such, in the percincts in the county of Stevens included in the territory of the county of Okanogan, shall be and are hereby declared justices of the peace and constables of the said county of Okanogan.
Sec. 5. That the county of Okanogan is hereby united to the' county of Stevens for legislative purposes.
Sec. 6. All special laws applicable to the county of Stevens, shall be and remain equally applicable to the county of Okanogan.
Sec. 7. The county of Okanogan shall be attached to the county of Spokane for judicial purposes.
Sec. 8. That all taxes levied and assessed by the board of county commissioners of the county of Stevens for the yeat 1887 upon persons or property within the boudaries of the said county of Okanogan shall be collected and paid into the treasury of the county of Stevens; provided, however, that the said county of Stevens shall credit said county of Okanogan, with the amount of money collected for the taxes for said year from the persons and from the property situated within the boundaries of the county of Okanogan in the adjustment of the debt of the said county of Stevens between said countyand the county (of) Okanogan, and the surplus, if any there be, shall be paid to the county of Okanogan.
Sec. 9. That the county commissioners of said county immediately upon the organization thereof shall take steps to procure a transcript of all records of the said county of Stevens appertaining to the county of Okanogan, and the said county commissioners shall be authorized to hire said transcript to be made and the person so emploved bv the said commissioners shall have access to the records of Stevens county without cost, for the purpose of transcribing and indexing such portions of the records as belong to the county of Okanogan and such records shall be certified as correct by the auditor of Stevens county and thereafter shall be filed in the office of the auditor of Okanogan county and shall constitute and be records of said county as fully as if the same had been originally made therein and the certificate of the auditor of the said county shall be accepted in any court of law or in any legal proceeding whatever as if the said certificate was made to the original record.
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Sec. 10. All acts and parts of acts in conflict with the provisions of this act are hereby repealed.
Sec. 11. This act shall take effect and be in force from and after passage and approval by the Governor.
Approved February 2, 1888.
AN ACT
DEFINING THE BOUNDARY LINES OF LEWIS COUNTY.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That the boundary lines of Lewis county shall be as follows, to wit: Beginning at the northwest corner of section eighteen, in township number fifteen north, range five west, thence south along the west boundary of range five west, to the southwest corner of townshiji eleven north, range five west, thence east along south boundary of township eleven north, to the summit of the Cascade Range, thence northerly along said summit to the head of Nesqually river, thence westerly down the channel of said river to a point two miles north of the line between townships fourteen and fif* teen north, thence west to the northwest corner of section twenty-six, in township fifteen north, range four west, thence north two miles to the northwest corner of section fourteen in township fifteen north, range four west, thence west to place of beginning.
Sec. 2. This act shall take effect and be in force from and after its passage and approval by the Governor.
Approved January 31, 1888.
AN ACT
LEGALIZING THE ACTS OF THE COUNTY OFFICERS OF DOUGLAS COUNTY, WASHINGTON TERRITORY.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That all acts of all county officers of Douglas county, Washington Territory, done either at Okanogan or at Waterville, in said county, since the second day of November. A. D., 1886, so far as said acts affect or are affected by the location of the county seat of the said Douglas county, be and the same are hereby declared and made legal.
Sec. 2. This act shall take effect and be in force from and after its passage and approval.
Approved January 31, 1888.66
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AN ACT
AUTHORIZING INDEBTEDNESS TO BE CREATED BY COUNTIES, CITIES, SCHOOL DISTRICTS AND INCORPORATED TOWNS, AND IN RELATION THERETO, AND TO REPEAL AN ACT ENTITLED “AN ACT TO AMEND SECTION 2683 OF THE CODE OF WASHINGTON TERRITORY, APPROVED FEBRUARY 3, 1886.’’
'Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That counties, cities, school districts and incorporated towns or villages are hereby authorized to create indebtedness in any amount not to exceed four per centum on the value of the taxable property of such county, city, school district or incorporated town or village, to be ascertained by the last assessment.
Sec. 2. That all existing indebtedness and contracts incurring the same, of any county, city, school district or incorporated town or village not exceeding four per centum on the value of the taxable property of such county, city, school district or incorporated town or village, to be determined by the last assessment previous hereto (thereto), to (are) hereby legalize (legalized) and declare (declared) valid.
Sec. 3. That hereafter such indebtedness shall not be created in excess of one per centum upon the assessed valuation of property, except for the purposes of purchasing, paving for or costructing public buildings for the use of such counties, cities, school districts or incorporated towns or villages, or for the purpose of purchasing, paying for, or constructing water works, or providing means of protection against fire, or providing cemeteries, parks, fair grounds, street railways, bridges, and for street improvements in any city or incorporated town or village, or for the purpose of lighting the same; or for the purpose of providing fair grounds for any county; and as to such, excess shall only be created when authorized by a vote of the qualified electors of such county, city, school district or incorporated town or village.
Sec. 4. At henever in the opinion of the county commissioners of any county, the directors of any school district, the city council or board of aidermen or trustees of any city or incorporated town or village, the public requires the incurring of any such indebtedness in excess of such one per centum for any of the foregoing authorized purposes, thev shall estimate the cost thereof and submit the same to a vote of the qualified electors of such county, city, school district or incorporated town or village, at a general or special election, which election shall be held in the usual manner of general elections,LAWS OF WASHINGTON
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after giving four weeks’ notice by publication in some newspaper published in such county, city, school district or incorporated town or village, and of general circulation therein; and in case there should be no newspaper published in such county, city, school district or incorporated towns or villages, then in the nearest one published thereto, and of general circulation therein; and if a majority of the voters at such election favor such tax, the same shall be assessed and collected in the same manner that other taxes are collected.
Sec. 5. That the act entitled “an act to amend section 2683 of the code of Washngton Territory, “approved February 3, 1886. be and the same is hereby repealed.
Sec. 6. This act shall take effect and be in force from and after its passage and approval.
Approved February 1, 1888.
AN ACT
REQUIRING COURTS OF RECORD IN WASHINGTON TERRITORY TO HOLD THEIR TERMS AT THE COUNTY SEATS OF THE SEVERAL COUNTIES WHERE TERMS ARE HELD UNDER EXISTING LAWS OR MAY BE HELD UNDER FUTURE PROVISIONS OF LAW.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That all courts of record shall hold their terms of court at the county seats of the respective counties in this Territory where courts of record have been held under existing provisions of law, or may be held under future provisions of law; provided, that this act does not create any further or additional court than is now established by law, and that this act shall not be construed as abolishing any court of record or the holding of terms of any court of record in any county in this Territory wdiere the same were held under laws existing immediately prior to the passage of this act, but shall be construed as expressly requiring said courts to be held at the county seats of all counties where courts were or may be hereafter held under provisions of law. Justice courts not being considered courts of record under the provisions of this act.
Sec. 2. All acts and parts of acts in conflct with this act are hereby repealed. This act to take effect and be in force from and after its passage and approval.
Approved January 12, 1888.
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AN ACT
TO AMEND SECTIONS THREE AND FIVE OF AN ACT ENTITLED, “AN ACT TO AMEND CHAPTER CLV OF THE CODE OF WASHING' TON TERRITORY, ENTITLED COURTS.” APPROVED JANUARY 9TH, 1886.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That section three of an act entitled “an act to amend chapter CLV of the code of Washington Territory entitled courts,” be amended to read as follows: Section three. That section 2115 of said chapter one hundred and fifty-five of the code of Washington Territory shall be amended to read as follows: “Section 2115. Regular terms of court shall be held at Dayton on the first Monday in February and the first Monday in June of each year; at Pomeroy on the third Monday in March and the first Monday in October of each year; at Walla W alia on the first Monday in May and the first Monday in November of each year; at Colfax on the third Monday in June and the second Monday in December of each year, and at Asotin on the first Monday in April and the third Monday in October of each year.
Sec. 2. That section five of said act be amended to read as follows: Section five. That section 2117 of said chapter one hundred and fifty-five Code of Washington Territory shall be amended (so) as to read as follows: Section 2117. ‘ Regu-lai terms of court shall be held at Chehalis on the first Monday in February and on the third Monday of August of each year; at Tacoma on the fourth Monday of February, the fouith Monday of June, and the fourth Monday of September of each year; at Vancouver on the first Monday of April and the second Monday of November of each year; at the county seat of Cowlitz couty on the fourth Monday of April and the fourth Monday of October of each year; at Olvmpia on the first Monday of June and the first Monday of December of each year ; at Oysterville on the last Monday in March and on the last Monday of August of each year;'provided, that no grand or petit jury shall be summoned to attend at the term of court held on the last Monday in March unless the court direct a grand or petit jury to be summoned, in which case an open venire shall issue to bring in such grand or petit jurv county seat of Chehalis county on the second Mondav of September and on the second Monday of May of each year • provided, that no grand or petit jury shall be summoned to attend at the term of court held on the second Mondav in May unless the court direct a grand or petit jury to be sum-LAWS OF WASHINGTON	69

moned, in which case an open venire shall issue to bring in such grand or petit jury.
Sec. 3. This act shall take effect and be in force from and after the first day of March, A. D., 1888.
Approved February 1, 1888.
AN ACT
TO AMEND SECTION 2122 OF CHAPTER 155 OF THE CODE OF WASHINGTON, ENTITLED “COURTS,” AS THE SAME WAS AMENDED BY SECTION 10 OF AN ACT OF THE LEGISLATIVE ASSEMBLY OF WASHINGTON TERRITORY, ENTITLED “AN ACT TO AMEND CHAPTER 155 OF THE CODE OF WASHINGTON TERRITORY, ENTITLED ‘COURTS,’ APPROVED JANUARY 9, 1886.”
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That section 2122 of chapter one hundred and fifty-five, Code of A ashington Territory, as amended by section 10 of an act entitled “an act to amend chapter 155 of the Code oi Washington Territory entitled ‘courts,’ approved January 9, 1886,” be and the same is hereby amended so as to read as follows: Section 2122. That the courts held at Walla Walla, Colfax and Pomeroy, shall have jurisdiction over all offences against the laws of the United States arising in the first judicial district, and all actions to which or in which the United States is a party. The courts held at Vancouver, Olympia and Tacoma shall have jurisdiction of all offences against the laws of the United States arising in the second judicial district, and of all actions in which and to which the United States is a party. The courts held at Seattle, AVhat-com and Port Townsend, shall have jurisdiction of all offences against the laws of the United States arising in the third judicial district, and of all actions in which or to which the United States is a party. The courts held at the county seat of Yakima county, at the county seat of Spokane county and at Colville, shall have jurisdiction of all offences against the laws of the United States arising in the fourth judicial district, and of all actions to which or in which the United States is a party.
Sec. 2. That civil and criminal actions now pending and undecided in the district court now held at Sprague shall be and they are hereby transferred to the district court holding terms at the county seat of Spokane county, and the clerk of the court at Sprague shall certify the records and transfer the original pleadings and papers in such cases under the same70
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regulations as now govern in other cases in regard to change of the place of trial from one district court to another district court.
Sec. 3. All acts or parts of acts in conflict with this act be and the same are hereby repealed.
Sec. 4. This act shall take effect and be in force from and after its approval.
Approved February 2, 1888.
AN ACT
TO CREATE A DISTRICT COURT OF THE COUNTY OF DOUGLAS, AND DEFINING THE JURISDICTION THEREOF.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That a court be and the same is hereby created and established within the county of Douglas, to be called and knovn as the district court of Douglas county. ,.	That the said district court shall have jurisdic-
tion within said county of all matters, actions and causes, except those in which the United States shall be a partv, in the same manner and to the same extent as other district courts m the fourth judicial district have, and all proceedings therein shall be governed by, and subject to, the same laws, rules and regulations, in all respects, as other district courts in said district.
• /i That the said district court shall be held bv the judge of the fourth judicial district, and said judge shall ap-a.C e1^ sa*d C011rt, who shall, before entering upon the duties of such office, take and subscribe an oath to faithfully discharge the same, and shall give a bond or other security, in such sum and manner as the judge of said court may dnect, and shall keep bis office at the county seat of said county.
Sec. 4.
txt + -n Jhe re^ular term of said court shall be held at Waterville, the county seat of said county, on the second Monday of September in each year, and shall hold until the business of the term is transacted, unless sooner adjourned by the court.	J
Approved January 28, 1888.
AN ACT
TO CREATE A DISTRICT COURT FOR THE COUNTY OF KITSAP, AND TO DEFINE THE JURISDICTION THEREOF.LAWS OF WASHINGTON	71
Be it enacted by the Legislative Assembly of the Territory of Washington:
That a court be and the same hereby is created and established within the county of Kitsap, to be called and known as the district court of Kitsap county.
Section 1. That the said district court shall have jurisdiction within said county to hear and determine all matters, actions and causes, excepting those in which the United States are a party, in the same manner and to the extent as other courts have in the third judicial district, and all proceedings therein shall be governed and be subject to the same laws, rules and regulations, in all respects, as other district courts in said district are.
Sec. 2. That the said district court shall be held by the judge of the third judicial district, and said judge shall appoint a clerk of said court, who shall, before entering upon the duties of said office, take and subscribe an oath to faithfully discharge said duties, and shall give a bond or other security in such form as the judge of said court may direct, and shall keep his office at the county seat of said county.
Sec. 3. The regular terms of said court shall be held at Port Madison, the county seat of said county, commencing on the third Monday of April and the third Monday of November of each year, until the business of such term is transacted, unless sooner adjourned by the court.
Sec. 4. This act shall take effect and be in force from and after its passage.
Approved February 2, 1888.
AN ACT
TO AMEND SECTION 8 OF AN ACT ENTITLED AN ACT CREATING AND CONFERRING JURISDICTION UPON THE DISTRICT COURT OF THE COUNTY OF KITTITAS. APPROVED NOVEMBER 26, 1883. Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That section 8, of an act “creating and conferring jurisdiction upon the district court of the county of Kitti as, approved November 26, 1883,” be amended to read as follows: Section 8. The manner of selecting and drawing jurors for the said court and the number of jurors, grand and petit, and the manner of summoning the same, shall conform to the general laws of this Territory upon these subjects.
Sec. 2. That all acts and parts of acts in conflict with this act are hereby repealed.72
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Sec. 3. That this act shall take effect and be in force from and after the 20th day of April, 1888.
Approved February 2, 1888.
AN ACT
TO PROVIDE FOR THE ERECTION OF A BUILDING OR BUILDINGS FOR THE WASHINGTON SCHOOL FOR DEFECTIVE YOUTH NEAR VANCOUVER, IN CLARKE COUNTY, AND TO APPROPRIATE MONEY THEREFOR.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That it shall be the duty of the Governor within fifteen days after the approval of this act, to appoint, by and with the consent of the council, three competent persons, residents of this Territory, not more than two of whom shall belong to the same political party, who shall constitute a board of commissioners for the construction of a suitable building or buildings at Vancouver, in Clarke county, for the Washington School for Defective Youth, under the provisions of this act, and whose terms of office shall be two years, and until their successors are appointed and qualified; provided, that the Governor shall have power to remove any member of said commisison, for what he may deem good and sufficient cause.
Sec. 2. That each of said commisisoners, before entering upon the duties of his office shall take and subscribe an oath before any officer of the Territory, qualified to administer same, that he will faithfully and impartially perform the duties of his office according to law, and shall execute and deliver to the Governor a bond to the Territory of Washington with two or more good and sufficient sureties to be approved by the Governor, in the sum of ten thousand dollars, conditioned for the faithful performance of his duties according to law; which oath and bond shall be filed in the office of the secretary of the Territory.
Sec. 3. That the persons appointed as commissioners under the provisons of this act, or a majority of them, shall meet at Vancouver on the first Monday of April. 1888, and shall organize by electing one of their number president and one of their number secretary.
Sec. 4. That should a vacancy occur in said board of commissioners by failure to qualify, death, resignation, or other cause, the Governor shall appoint some suitable person, a res-LAWS OF WASHINGTON
73
ident of this Territory, to fill such vacancy, and the person so appointed shall qualify, according to the provisions of this act, and shall enter upon the duties of commissioner as herein provided.
Sec. 5. That it shall be the duty of the president of the board to preside at the meetings thereof and to superintend the performance of all contracts for labor and material, which may have been authorized by the board; to see that the terms of each contract are fulfilled, and to do and perform such other duties, pertaining to the erection of said school building for defective youth, as the board may direct; provided, that no member of the board shall be interested directly or indirectly in any contract of any kind, connected with the erection of said school building for defective youth during his continuance in office, under a penalty of three thousand ($3000) dollars, to be prosecuted, and collected of him and his sureties upon his official bond, upon an action of debt brought under the direction of the Governor, in any court of competent jurisdiction.
Sec. 6. That all accuonts shall be audited by the Territorial auditor, and no money shall be paid by the Territorial treasurer, for any purpose connected with the erection of said school building for defective youth, except on a warrant or wararnts drawn on him by the Territorial auditor, for the payment of bills certified to by the said board of commissioners; and every such warrant shall express upon its face, whether the amount so required is for material furnished or services rendered, or labor performed, and the board shall in no case sanction the payment of any money unless the labor has been performed or the materials have been furished in accordance with a contract entered into under the provisions of this act, for which any such payment is contemplated, and it shall be the duty of the Territorial treasurer to pay all warrants drawn by said Territorial auditor as herein provided out of any money in his hands not otherwise appropriated.
Sec. 7. That the board of commissioners, shall proceed with as little delay as possible, to erect a suitable school building or buildings, of brick or stone, in accordance with the plan or plans thereof which may be adopted by said board or a majority thereof; provided, that a plan shall be adopted for a complete school buildng or buildings, capable of accommodating, when finished, one hundred pupils or more; and that, if the apropriation hereinafter provided for is not sufficient for the erection of the whole building or buildings, such portion thereof shall be first built and finished for the occupation of pupils as shall, in the judgment of the board, be deemed most expedient.
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Sec. 8. Said commissioners shall receive a deed of conveyance in fee simple, clear of encumbrances, in trust for the people of Washington Territory, for 17 7-100 acres of land in the vicinity of the city of Vancouver, more particularly described as follaws, to wit: Beginning at a point 2 25-100 chains east and 10 88-100 chns. south of the sec. cor. between secs. 25 and 26 of Tp. 2 W., R. 1 E. of W. M., and running thence E. 10 62-100 chains, thence S. 16 38-100 chains to the X ancouver and Fisher's Landing road, thence along said road N. 73 deg. W. 9 92-100 chains, thence N. 14 64-100 chains to the place of beginning; and upon which land the said building or buildings for the school for defective vouth shall be erected.
Sec. 9. That all contracts and all work thereunder, of whatever nature, shall be under the supervision and control of said board; and no contract shall be entered into for materials or labor for the erection of said school building or buildings for defective youth until approved bv said board or a majority thereof, nor until the said board shall first have given notice by publication in four or more leading weekly newspapers published in this Territory with general circulation for four consecutive weeks, inviting sealed proposals for labor and furnishing the necessary materials, for the fulfilment of the proposed contracts, and specifyig the character and amount of the bond which will be required for the faithful fulfilment of the conditions of said contracts, and in all cases contracts shall be awarded by the board to the lowest responsible bidder, who will give the required security; provided, that should there be one bid only, the approval of every member of the board shall be necessary to complete the proposed contract; provided, also, that the said board may reject any or all bids at their discretion, when deemed too high, and again advertise for proposals as before provided, and no recourse shall be had against the said board for any damages arising by reason of their refusing any bids or contract.
Sec. 10. That the board of commissioners shall have an office at A ancouver, and after the first meeting, as in this act provided, they shall meet at such times as they may elect.
Sec. 11. Each member of the board of commissioners shall receive his actual necessary traveling and incidental expenses incurred while engaged in the performance of the duties of commissioner, but none of the members of said board of commissioners shall receive, or be entitled to receive, any compensation or per diem for the discharge of the duties of such commissioner.
Sec. 12. That for the purposes of carrying out the provisions of this act, there is hereby appropriated fromLAWS OF WASHINGTON
75
funds in the Territorial treasury, not otherwise appropriated, the sum of thirty thousand ($30,000) dollars, or so much thereof as mav be necessary.
Sec. 13. That all acts and parts of acts in conflict herewith be and the same are hereby repealed.
Sec. 14. This act shall take effect and be in force from and after its passage and approval by the Governor.
Approved January 26, 1888.
AN ACT
APPROPRIATING MONEY FOR THE SUPPORT OF THE WASHINGTON SCHOOL FOR DEFECTIVE YOUTH, AND TO MEET AN INDEBTED-EDNESS ARISING FROM INADEQUATE APPROPRIATION HERETOFORE MADE.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That there be, and hereby is, appropriated out of any money in the Territorial treasury, not otherwise appropriated, the sum of twelve thousand ($12,000) dollars to defray the expenses of the Washngton School for Defective Youth from the first day of April, A. D., 1888, to the second day of April, A. Ds, 1890, and to meet an indebtedness arising from inadequate appropriation heretofore made; said money to be paid to the treasurer of the board of trustees of said school as follows, to wit: One thousand eight hundred ($1800) dollars on the first day of July, A. D., 1888; fourteen hundred ($1400) dollars on the October first, A. D., 1888; fourteen hundred ($1400) dollars on January first, 1889; fourteen hundred ($1400) dollars on April first, A. D., 1889, and the balance thereof in equal installments of fifteen hundred ($1500) dollars on the first dav of July and October, A. D., 1889, and January and April, A. D., 1890.
Sec. 2. The Territorial auditor is hereby directed to draw his warrant upon the Territorial treasurer in favor of the treasurer of the board of trustees of said Washington School for Defective Youth at the times and for the amounts as set forth in section one of this act, and the Territorial treasurer is hereby directed to pay the same; provided, that the money hereby appropriated shall only be expended in accordance with provisions of the act entitled “an act to establish a school for the deaf, mute, blind and simple, feeble minded youth of Washington Territory,” approved February 3, 1886; provided, further, that the trustees of said institution, shall render a full and detailed statement of expenditure of all76	LAWS OF WASHINGTON
moneys appropriated by this act, to the Governor at the next meeting of the Legislative Assembly, or at any time he may demand the same.
Sec. 3. All acts and parts of acts in conflict with this act, are hereby repealed.
Sec. 4. This act shall take effect and be in force from and after its passage and approval by the Governor.
Approved January 28, 1888.
AN ACT
TO AMEND SECTIONS 15 AND 28 OF AN ACT ENTITLED “AN ACT TO ESTABLISH A SCHOOL FOR THE DEAF, MUTE, BLIND AND FEEBLE MINDED YOUTH OF WASHINGTON TERRITORY.” APPROVED FEBRUARY 3, 1886.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That section 15 of an act entitled “an act to establish a school for the deaf, mute, blind and feeble minded youth of Washington Territory, approved February 3, 1886, be amended to read as follows:
Sec. 15. The regular annual meeting of the board of trustees shall be held at the school on the last Wednesday of May in each year, at which meeting a president, a vice president and a treasurer shall be elected by ballot from the board, and an auditor not of the board, each to serve one year from the first day of July following; and any other business proper to come before said meeting may be transacted; provided, that at the regular meeting to be held on the last Wednesday of May, 1888, the trustees shall elect a director of the school not of their own number, who shall hold his office until removed for cause as provided in this act.
Sec. 2. That section 28 of said act be amended to read as follows: Section 28. The director may be removed at any time by a three-fifths vote of the full board of trustees for misconduct, incapacity, mismanagement, inefficiency or immorality.
Sec. 3. All acts and parts of acts in conflict herewith are hereby repealed.
Sec. 4. This act shall take effect and be in force from and after its passage and approval by the Governor.
Approved February 2, 1888.LAWS OF WASHINGTON
77
AN ACT
TO REGULATE THE PRACTICE OF DENTISTRY AND TO PROTECT THE PEOPLE AGAINST EMPIRCISM IN RELATION THERETO IN THE TERRITORY OF WASHINGTON.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That from and after the passage of this act it shall be unlawful for any person to engage in the practice of dentistry in the Territory of Washington, unless said person has graduated and received a diploma from the faculty of a dental college chartered under the authority of some one of the United States or foreign governments, or shall have obtained a certificate from a board of dentists duly authorized and appointed by the provisions of this act to issue such certificate.
Sec. 2. That a board of dental examiners, consisting of five practicing dentists, be hereby created, whose duty it shall be to carry out the purposes and enforce the provisions of this act. The members of said board of dental examiners shall be appointed and commissioned by the Governor of the Territory, Their terms of office shall be for two years, and until their respective successors shall be duly appointed and commissioned. All vacancies occurring in said board of examiners may be filled by the Governor at any time. The said board of examiners shall be appointed by the Governor on or before the first Monday in February. The term of office shall begin the first Monday in March, excepting that the term of the first board shall begin from the time they are appointed and commissioned; each member of said board shall take the following oath before entering upon the duties of said office:
Territory of Washington, County of.......ss.
I................................’.	. . do solmenly swear
that I will support the constitution and laws of the United States of America, and the laws of Washington Territory and the organic act thereof, and that I will faithfully perform the duties of the office upon which I am about to enter, so help me God.
(Signed)............................
Sec. 3. Said board shall choose one of its members president and one the secretary thereof, and it shall meet at least once in each year, or oftener, at the call of any three members of said board. Thirty days notice must be given of the time and place of meeting of said board, said notice to be mailed to all practicing dentists in the Territory. Three members of said board shall constitute a quorum, and the proceedings thereof shall, at all reasonable times, be open to public inspection.78
LAWS OF WASHINGTON
Sec. 4. AA ithin three months from the time this act rakes effect, it shall be the duty of every person, who is at the time of the passage of this act engaged in the practice of dentistry in this Territory, to cause his or her name and residence, or place of business, to be registered with said board of examiners, who shall keep a book for that purpose. The statement ot every person shall be verified under oath before a notary public or justice of the peace in such manner as may be prescribed by the board of examiners. Every person who shall so register with said board as a practitioner of dentistry shall recei^v e a certificate to that effect, and may continue to practice as such without incurring any of the liabilities or penalties provided in this act, and shall pay to the board of exam-ineis foi such certificate a fee of two dollars and fifty cents.
Sec. 5. Any and all persons who shall so desire mav appear before said board at any of its regular meetings and be examined with reference to their knowledge and skill in dental surgery, and if the examination of anv such person or persons shall prove satsifactory to said board, the board of examiners shall issue to such persons as they shall find to possess the requisite qualifications to practice dentistry a certificate to that effect, in accordance with the provisions of this act. Said board shall also endorse as satisfactory, dinlomas from any reputable dental college, when satisfied with the claracter of such institution, upon the holder furnishing evi-^^^Htisfactory to the board of his or her right to the same and shall issue a certificate to that effect upon the payment °VW0 aad fifty cents t0 said board for said certificate. All certificates issued by said board shall be signed bv its officers and stamped with the seal of said board, and such certificates shall be prima facie evidence of the right of the holder to practice dentistry in the Territory of Washington.
? ec. b. Any person who shall practice dentistry contrary to the provisions of this act shall be deemed guilty of a mis-£dnUB°n conviction’ may be fined in anv sum not less than fifty dollars nor more than two hundred dollars, or r°r p(™d not exceeding six months in the countj jad, for each and every offense. All fines recovered un er this act shall be paid into the common school fund of the county in which the conviction is had.
Sec. 7. . In order to provide the means for carrying out and maintaining the provisions of this act, the said board of examiners shall charge each person applying to or appearing “X Vwon?^ ti0” a certiflcate of qualifications': a tee of twenty-five dollars, which fee shall in no case be re-urned; and out of the funds coming in the possession of tim board from the fees so charged, the sum of five dollars forLAWS OF AV ASHINGTON
79
each day actually engaged in the duties of their office and all legitimate and necessary expenses incurred in attending the meetings of said board. Said expenses shall be paid from the fees and penalties received by the board under the provisions of this act, and no part of the salary or expenses of said board shall ever be'paid out of the Territorial treasury. All moneys received in excess of salaries and expenses as above provided for shall be held by the secretary of said board as a special fund for meeting the expenses of said board and carrying out the provisions of this act, he giving such bond as the board may from time to time direct; and said board shall make an annual report of its proceedings to the Governor on or before the loth day of October of each year, together with an account of moneys received and disbursed by them pursuant to this act.
Sec. 8. Any person, who shall receive a certificate from said board to practice dentistry, shall cause his or her certificate to be registered with the county auditor of the county in which such person may desire to enegage in the practice of dentistry, and the recorders of deeds in the several counties in this Territory shall be entitled, for registering such certificates, to a fee of one dollar. Any failure, neglect or refusal on the part of any person holding such certificate to register the same with the recorder of deeds as above directed, for a period of six months, shall work a forfeiture of the certificate, and no certificate, when once forfeited, shall be restored, except upon payment to said board of examiners of the sum of twenty five dollars as a penalty for such neglect, failure or refusal.
Sec. 9. Any person, who shall knowingly and falsely claim or pretend to have or to hold a certificate of license, diploma or degree granted by any society, or who shall falsely, or with intent to deceive the public, claim or pretend to be a graduate from any incorporated dental college, shall be deemed guilty of a misdemeanor, and shall be liable to the same penalties as provided in section six of this act.
Sec. 10. Any two members of the board of examiners shall issue a temporary certificate to any applicant upon the presentation by such applicant of the evidence of the necessary qualifications to practice dentistry; such temporary certificate shall remain in force until the regular meeting of said board, occurring next after the date of such temporary certificate, and no longer; but such temporary certificate shall not be granted by any two members of said board after said board has rejected the applicant. All members of the board of examiners shall, at each regular meeting of said board, make a report of such temporary certificates issued by them.80
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Sec. 11. This act shall take effect and be in force from and alter its passage and approval.
Approved January 28, 1888.
AN ACT
TO PROVIDE FOR THE CONSTRUCTION AND MAINTENANCE OF DIKES AND DAMS IN CERTAIN CASES.
Be it enacted by the Legislative Assembly of the Territory of Washington:
TprrHm^On L	°f county commissioners in this
Te iitorj may establish dyking districts and provide for the construction and maintenance of dikes and dams in certain cases as hereinafter provided.
Sec. 2. Whenever ten or more owners of marsh binds adjoining and contiguous, subject to overflow from tide water the counted ^1 • X	the b°ard °f commisisoners of
? which such lands are situate, setting forth their intention of constructing and maintaining such dikes and ovSflXTndbthneC^^^ f°r Protection of same from e^eiflov and thus render such lands safe and fit for cultivation, and thereby enhance their value for taxable purposes and increase the public revenue, the board of countv commis-soneis shall duly consider the same, and if they find such representations substantially correct in fact, and that such on ■ posed improvement shall be for the public benefit they shall so declare on the record of their proceedings, and then appoint three viewers, resident of such district, with the county purveyor, to view out and locate the proposed dikes and1X2
Practicable route, to accomplish the oE desned at the least possible expense.
Sec. 3. The routine of procedure under this act shall be fo/tho 8 P™ctl7bIe;.the same as prescribed by the road law survey, location and establishment of countv roads and the dikes and dams hereby established shall be to all intents and purposes public highways.
Sec. 4 The surveyor and viewers so appointed shall meet the^HnT othedik	They Sha11 note and ^ablish
the line of the dikes and dams necessary, and the width of shfotX theX^WhlCh PaSS’ 8UCh 8pUrS and off' shoots of the work as may be necessary. Thev shall also define the boundaries of the district of land to be protected
X a	an accurate list of the land Owners of
saX^lX aad their *ands by legal subdivision within the same. They shall further estimate the cost of the proposed
LAWS OF WASHINGTON
SI
such
dikes and dams, and such estimated costs, when approved bv the board of commissioners, shall at the August term be dnA Sf such distinct t0 reguiar taxes of the owk andAch tnl It	assessment roll for the current tear,
and such tax for diking purposes shall have the same ic-ml e cect and be collected in the same manner as other taxes "on the county assessment roll, and in default of payment shall be a lien upon the land as in other cases. 1 "	*
tax levied’ the^-oZ^ the"e Proceedings are had and the T* J A county commissioners shall appoint a smw~-visor of dikes and dams for such district, and thereafter Ju A supervisor shall be elected and hold office thsameas road supervisors and shall receve the same compensXnVor ’fit hen the tax is collected, it shall* be placed io the visor of A?011 dllaog district’ subject to the order of the supervisor of dikes and dams, and is to be expended in the const rm ^°fr	°f SUch dikes and dams, the same^s the
road fund by road supervisors. For the proper maintenance such dikes and dams thereafter the supervisor shall anna
Mav term the	auditor’ on or before ihe
3iaj term ot the county commissioners, a detail statement ot his operations, and also an estimate of the cost of maintaining in proper repair such dikes and dams for the ensuino-which estimate, when approved by the board, shall ar the * ugust term be taxed on the assessment roll against the land owners of said diking district the same as in th! first inst m« and each land owner shall thereafter bear and pay his fair °f SUCh exP“s^ according to the
S a 1 f Of 1118 Property within such district- pro-tided, such taxes shall be levied on the land per acre oWn-sive of buildings and improvements.	1	, -x i
Sec 6 If in locating and establishing the dikes and dams provided for in this act, the owner or owners of the buds of StoTwtvnXh^ should feeI grieved on the score ot light of way or other cause, he shall have proper cause for amages. In such cases, claims for damages shall be filed and the amount thereof determined, in accordance with Hm provisions of the general road law, and the amount thereof so determined and allowed by the board of county c minus soners shall be taxed against the lands of said district in due Proportmn as the tax of construction, and, when collected A a ke reserved and paid, under direction of the board to the claimant or claimants.	a G' to
,	7- ^PPeals may be taken from the action of the
hoard of county commissioners in carrying out the provisions of this act in like manner as appeals are provided for under the road law, and any judgments resultng therefrom shall be82	LAWS OF WASHINGTON
an. expense upon the district and not upon the county, and shall be paid as provided for in section six of this act.
Sec. 8. All acts and parts of acts in conflict with this act are hereby repealed. And this act shall be in force from and after its passage and approval by the Governor.
Approved February 2, 1888.
AN ACT
TO PROVIDE FOR THE PROTECTION OF DYKES AND DAMS IN WASHINGTON TERRITORY.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That it shall be unlawful to cut or damage,, break or destroy, any dyke or dam erected or maintained in this Territory for the protection of lands from overflow; and any person or persons so offending, upon convction thereof, shall be fined in any sum not exceeding three hundred dollars ($300) for each and every offense, in the discretion of^ the court, which fine shall be paid over to the school fund oi the county wherein the offense is committee (committed); provided," that the person or persons so offending shall not by this act be exempted from any suit for damages brought by any person or persons injured by the cutting, breaking, damaging or destroying of said dike or dam.
Sec. 2. This act to take effect and be in force from and after its passage.
Approved February 2, 1888.
AN ACT
PRESCRIBING THE QUALIFICATIONS OF ELECTORS IN THE TERRITORY OF WASHINGTON.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That all citizens of the United States, male and female, above the age of twenty-one years, and all American half-breeds, male and female, over that age, who' have adopted the habits of the whites, and all other inhabtants, male or female, of this Territory, above that age, who shall have declared, on oath, their intentions to become citizens of the U. S. at least six months previous to the day of election, and shall have taken an oath to support the constitu-
LAWS OF WASHINGTON "	83
tion and government of the United States at least six months previous to the day of election, and who shall have resided six months in the Territory, sixty days in the county and thirty days in the precinct next preceding the day of election, and none other, shall be entitled to vote at any election in this Territory; provided, that no officer, soldier, seaman, mariner, or other person in the army or navy, or attached to troops in the services of the United States, shall be allowed to vote at any election in this Territory by reason of being on service therein, unless said Territory is, and has been, for the period of six months, his permanent domicile; provided, he was a citizen of this Territory at the time of his enlistment; and provided further, that nothing in this act shall be so construed as to make it lawful for women to serve as jurors.
Sec. 2. That all acts and parts of acts in conflict with this act be and the same are hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its passage.
Approved January 18, 1888.
AN ACT
TO PROVIDE FOR AND REGULATE THE ISSUING OF EXECUTIONS IN THIS TERRITORY.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That the party in whose favor judgment has been gnen, or may hereafter be given or entered in any court ot iecord in this Territory, may have an execution issued at any time for the collection or enforcement of the same- pro-v iding, that if a period of five years shall have elapsed without an execution being issued on such judgment, then execution shall not issue thereafter until such judgment shall be revived in the manner provided for by law.
Sec. 2. That the party in whose favor judgment has been rendered, entered or given in any court of record in this Territory for the recovery of money or against the property of a judgment debtor, may have execution issued thereon for the collection or enforcement of such judgment to the sheriff of any county in this Territory; provided, that when a judomont requires the delivery of real or personal propertv, execution shall be issued to the sheriff of the countv where the propertv or some part thereof, is situated. '
Sec. 3. This act shall take effect and be in force thirty days from its passage and approval.
Approved January 27, 1888.84
LAWS OF WASHINGTON
AN ACT
REGULATING THE BUILDING AND MAINTAINING OF BARBED WIRE FENCES, AND PROVIDING A PENALTY FOR THE VIOLATION THEREOF.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That it shall be unlawful for any person or persons to construct, erect or maintain any fence or portion of a fence of barbed wire, except as hereinafter provided.
Sec. 2. Any person desiring to construct, enact (erect) or maintain any fence of barbed wire, shall construct the same in the following manner and not otherwise: The posts shall be set not more than thirty feet apart, the first wire shall not be more than twenty-two inches from the ground, the second wire thirty-four inches, and the third wire forty-eight inches, each and every one of the wires shall be tightly stretched and securely fastened to said posts, and four light poles or strips shall be fastened between each two posts to said wires veru-cally, leaving no greater space than about six feet between said posts and poles or strips, or the said posts may be set not more than twelve feet apart, and two barbed wires and one pole, rail or plank securely fastened to said posts, or one barbed wire and two rails, poles or planks securely fastened to said posts.
Sec. 3. All fences constructed and maintained according to the provisions of section two of this act shall be lawful fences.
Sec. 4. It shall be the duty of every person building, erecting or maintaining, in whole or in part, any of the hereinbefore mentioned wire fences, to keep the same in good repair. and if upon five days notice to any such person or persons, his or her agent, that his or her fence is not in good repair, and he or she shall neglect to repair the said fence for a period of five days after receiving such notice, such person shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof, be fined in any sum not less than twenty-five nor more than fifty dollars.
Sec. 5. Any person violating any of the provisions of this act shall, upon conviction thereof, be deemed guilty of a misdemeanor, and shall be fined in any sum not less’ than twenty-five nor more than two hundred dollars; provided, that nothing in this act shall prevent any person from using more wires, posts or strips in the erection of any fence .
Sec. 6. All acts and parts of acts in conflict with this one (act) are hereby repealed.LAWS OF WASHINGTON
85
Sec. ;. This act shall take effect and be in force from and after the first day of November, A. D., 1888.
Approved February 2, 1888.
AN ACT
FOR THE PROTECTON OF FISH AND GAME.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That every person who shall, within the Territory of Washington, between the first day of January and the fifteenth day of August, from and after the passage of this act, pursue, hunt, take, kill or destroy any elk, moose, deer, fawn, mountain sheep or mountain goat, shall be deemed guilty of a misdemeanor. Every person who, after the passage of this act, shall take, kill or destroy any elk, moose, deer, fawn, mountain sheep or goat, at any time, unless the carcass of such animal is used or preserved for food by the person slaying it, shall be deemed guilty of a misdemeanor. Every person who after the passage of* this act, shall, between the first day of January and the fifteenth day of August, sell or offer for sale any hides or horns of any elk, moose, deer, fawn, mountain sheep or goat, shall be deemed guilty of a misdemeanor.
Sec. 2. Every person who shall, within the Territory of Washington, after the passage of this act, chase, pursue, drive or hunt any elk, moose, deer or fawn, with dog or dogs, at any time, except during the months of October, November and December, shall be deemed guilty of a misdemeanor.
Sec. 3. Every person who shall, within the Territory of Washington, between the first day of April and the fifteenth day of August of each year, take, kill, injure or destroy any wild swan, mallard duck, wood duck, widgeon, teal, butterball, spoon-bill, blue-bill, red-head, gray duck, black duck, sprigtail or canvasback duck, shall be guilty of a misdemeanor.
Sec. 4. Every person who shall, within the Territory of Washington, between the first day of January and the first day of August of each year, take, kill, injure or destroy any mountain grouse, blue or dusky grouse, ruffled grouse of (or) pheasant, pintail grouse, or prairie chicken, or sage hen, shall be guilty of a misdemeanor.
Sec. 5. Every person who shall, within the Territory of Washington, betewen the fifteenth day of January and the first day of October of each year, take, kill, injure or destroy86	LAWS OF WASHNIGTON
any California quail or bob-white, shall be guilty of a misdemeanor.
Sec. 6. Every person who shall, within the Territory of Washington, after the passage of this act, at any time trap, net or ensnare, or attempt to trap, net or ensnare, any quail, prairie chicken, grouse or pheasant, except for the purposes of propogation, shall be guilty of a misdemeanor.
Sec. 7. Every person who shall, within the Territory of Washington, after the passage of this act, take, remove or destroy any egg or eggs from the nest of any mallard duck, widgeon, wood duck. teal, butter-ball, spoon-bill, gray duck, black duck, sprig-tail, blue-tail, red-head or canvasback duck, or prairie chicken, blue or dusky grouse, mountain grouse, ruffled grouse or pheasant, sage hen, quail or patridge, or wilfully molest or destory the nest of any such fowls or birds, shall be guilty of a misdemeanor.
Sec. 8. Every person who shall, within the Territory of Washington, after the passage of this act, during the months of November, December, January, February and March of each year, take, catch, kill or have in their possession any brook trout, mountain trout, bull trout or salmon trout, shall be guilty of a misdemeanor. Every person who, after the passage of this act, shall take, catch, kill or have in their possession any of the food fishes implanted in the creeks rivers, lakes or bays of the Territory of Washington, except for propagating the same, for a period of three years after the same shall have been implanted, shall be guilty of a misdemeanor.
Sec. 9. Every person who shall, within the Territory of Washington, take, catch or destroy, with any seine, net, weir, trap or other device, other than hook and line, any mountain trout, brook trout, bull trout or salmon trout, in any of the waters of Washington Territory, shall be guilty of (a) misdemeanor.
Sec. 10. Every person who shall, within the Territory of Washington, after the passage of this act, have in their possession any of the animals, fowls, birds or fish mentioned in the foregoing sections of this act, at any time when by this act it is made unlawful to take or kill the same, shall be guilty of a misdemeanor, and proof of the possession by any person of any of the aforesaid animals, fowls, birds or fish, when it is unlawful to take or kill the same, shall be prima facie evidence that the animals, fowls, birds or fish were unlawfully taken or killed by the person having possession of the same within the county wherein the same may be found; provided, that nothing in this act shall prohibit any person from taming or keeping for the purpose of propagation or curiosity any of the animals, fowls or birds mentioned therein.LAWS OF WASHINGTON
87
Sec. 11. Every person who shall, within the Territory of ashington, after the passage of this act, take, kill, shoot at, injure or destroy any mallard duck, widgeon, teal, butter ball, spoon-bill, wood duck, grey duck, black duck, blue-bill, red-head, sprigtail ,or canvasback duck, at any season of the year, between the hours of eight o’clock p. m. and five o'clock a. m., shall be guilty of a misdemeanor.
Sec. 12. Every person who shall, within the Territory of Washington, after the passage of this act, enter or go upon the enclosed lands of another for the purpose of shooting or fishing, whether the lands are enclosed by fence or partially by fence, water or bluffs, sufficient to prevent the inroads of stock, without first obtaining the consent of the owner or proprietor thereof; provided, conspicuous notices are posted on the premises at not less than three different places cautionary against such trespass, shall be guilty of a misdemeanor.
Sec. 13. Every person who shall, within the Territory of Washington, after the passage of this act, use anv sink box, boating blind, rafts, sneak boat, punt or any other device for approaching any of the water fowl mentioned in this act while the same are resting on the waters of this Territory,-shall be guilty of a misdemeanor; provided, that nothing in this act shall be construed to prevent the shooting of any of the. water fowl mentioned therein from shore blinds or over decoys with any gun which is fired from the shoulder of the shooter.
Sec. 14. Every person who shall, within the Territory of Washington, be convicted of a violation of any of the provisions of this act, shall be punished by a fine of not less than ten dollars and not more than three hundred dollars, together with the costs of prosecution, or imprisoment in the county jail where the offense is committed not less than five days nor more than three months, or both such fine and imprisonment. One half of all moneys collected from such fines for a violation of any of the provisions of this act shall be paid to the in former, and one-half to the prosecuting attorney in the district in which the case is prosecuted.
Sec. 15. All acts and parts of acts in conflict herewith are hereby repealed.
Sec. iG. This act to take effect and be in force sixty days after its passage and approval.
Approved February 2, 1888.88
LAWS OF WASHINGTON.
AN ACT
DECLARING- IT TO BE A MISDEMEANOR FOR ANY PERSON TO DISCHARGE, IN THE VICINITY OF AN INHABITATED DWELLING HOUSE OR IN THE STREETS OF AN INCORPORATED CITY OR UNINCORPORATED TOWN, IN A RECKLESS, CARELES OR NEGLIGENT MANNER ANY FIREARMS, OR TO EXHIBIT OR FLOURISH IN THE STREETS OF ANY SUCH CITY OR TOWN ANY DANGEROUS WEAPON IN A MANNER LIKELY TO CAUSE TERROR TO THE PEOPLE PASSING, AND TO PROVIDE A PUNISHMENT THEREFOR.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. Every person who shall in a reckless, careless or negligent manner discharge, in the vicinity of an inhab-itated dwelling house, or in the streets of an incorporated city, or unincorporated town, any firearm, shall be deemed guilty of a misdemeanor, and, upon convicton thereof, shall be punished by fine not exceeding one hundred dollars, or by imprisonment in the county jail not exceeding thirty days, or both such fine and imprisonment.
Sec. 2. Every person who shall, in a manner likely to cause terror to the people passing, exhibit or flourish, in the streets of an incorporated city or unincorporated town, any dangerous weapon, shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be punished by a fine in any sum not exceeding twenty-five dollars.
Sec. 3. Justices of the peace shall have exclusive original jurisdiction of all offenses arising under this act.
Sec. 4. This act shall be in force from and after its approval by the Governor.
approved January 31, 1888.
AN ACT
IN RELATION TO GARNISHMENT IN JUSTICE COURTS. •
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. Whenever any acton shall have been'commenced by summons upon contract, express or implied, or notice and complaint in a justice’s court, if the plaintiff or some one in his behalf shall make and deliver to the officer having such summons or notice and complaint, an affidavit stating that the affiant has good reason to believe that some person (naming him) is indebted to the defendant, or has personalLAWS OF WASHINGTON
89
property in his possession or under his control belonging to the defendant; or when there is more than one defendant, to any or either of them, not by law exempt from sale on execution, and demand that he shall summon such person as garnishee, such officer shall summon such person in writing to appear before the justice on the return day of such summons or notice and complaint to answer touching his liability as garnishee.
Sec. 2. The summons to the garnishee may be substantially as follows:
Territory of Washington..................County,	ss.
The Territory of Washington to ..............
Whereas, a summons or notice and complaint has been issued by ........... a justice of the peace of said county
returnable on the........day of..............A. D. IS. . .'.
in favor of ............ plaintiff and against ....
defendant; and whereas, the plaintiff (or A. B. in his behalf) has made oath that you have property in your possession or under your control belonging to the defendant (or are indebted to him.) Now, therefore you are hereby summoned to be and appear before the said justice at his office in said county on the return day of said summons, (or notice and complaint) ............ o'clock in the ........ noon	of said day, then and there to answer under oath touching your liability as garnishee.
Given under my hand this..............day of.......18. .. .
Constable or Sheriff.
Sec. 3. The officer shall serve such summons on the garnishee personally and return the same with the affidavit to the justice at the same time that he shall make return of the service of the summons or notice and complaint, and state the day such summons was served on the garnishee.
Sec. 4. In all cases when a summons or notice is required to be served upon any person or corporation, to summon, notify or charge such person or corporation as garnishee in any action pending before a justice of the peace, a copy of such summons or notice shall be served on the defendant within the time that such summons or notice is required to be served on such garnishee. If such defendant cannot be found within the jurisdiction of such justice of the peace and shall have a known agent or attorney residing therein, the summons or notice shall be served on such agent or attorney, or upon some suitable person over the age of sixteen years, at the dwelling house or place of abode of the defendant.
Sec. 5. The garnishee from the time of the service of such summons shall stand liable to the plaintiff to the amount90
LAWS OF WASHINGTON
of the personal property, money, credits and effects in his hands or under his control belonging to the defendant, and the amount of his own indebtedness to the defendant, then due or to become due and not by law exempt from sale on execution.
Sec. 6. The service of the garnishee summons shall be deemed the commencement of an action against such garnishee; and upon the return of the constable that such summons has been duly served the justice shall enter an action in his docket in which the plaintiff in the original action shall be plaintiff and the garnishee defendant.
Sec. 7. On the appearance of the garnishee before the justice, the affidavit aforesaid shall be deemed a sufficient complaint in this action, and the justice shall forthwith proceed to examine the said garnishee and his witnesses, touching the matters alleged in the affidavit, and shall reduce the answers of said garnishee and his witnesses to writing and tile the same with the papers in the case; such examination may be adjourned by said garnishee as in case of adjournment in justices court in civil actions.
Sec. S. If the plaintiff shall not be satisfied with the answers of the garnishee, or if either party shall desire a trial, the justice shall enter the fact in his docket and the case shall be proceeded with and tried upon the issue formed by the affidavit and answer as in other actions commenced by summons, and if upon the trial of any such issue, property or effects shall be found in the hands of the garnishee, or it shad appear that such garnishee was indebted to the defendant, the justice or jury shall assess the value thereof, and the garnishee may hold the same subject to the further order of the justice.
Sec. 9. The defendant in the original action may appear and defend the proceedings against the garnishee upon the ground that the indebtedness of the garnishee, or any property held by him, is exempt from execution against such defendant, or for any other reason is not liable to garnishment, or upon any grounds upon which a garnishee might defend the same, and may participate in the trial of any issue between the plaintiff and the garnishee, for the protection of his interests.
Sec. 10. If in the action instituted against the garnishee the plaintiff shall be nonsuited or discontinue his action, or if upon the answer and trial of the issue betewen the plaintiff and garnishee no property or effects shall be found in the hands of the garnishee, or nothing shall be found due from the garnishee to the defendant, or if in the action against the principal defendant the plaintiff shall be nonsuited or discontinueLAWS OF WASHINGTON	91
his action, or if on the trial in such action nothing shall be found due from the defendant to the plaintiff, then in each of these cases the garnishee shall recover costs against the plaintiff, and no such costs shall be paid by the defendant.
Sec. 11. If the plaintiff recover against the defendant in the original action, and the answer of the garnishee when no issue is made thereon, or the finding of the court or jury on an issue show that the garnishee at the time of the service of the summons had property in his possession belonging to the defendant, or that he was indebted to him, the justice shall enter an order in his docket requiring the garnishee, within ten days, to pay or deliver to the justice such property or the amount of such indebtedness, or so much thereof as may be necessary to satisfy such judgment, with cost thereof, and the costs of the garnishee proceedings; or if it appears from such answer or finding that the garnishee is to pay or deliver to the defendant any money or property in any other manner or at any other time than immediately, and at the time of service of the summons, the same belonging to the defendant, then the order of the justice shall be that such payment oc delivery be so made to the justice for the benefit of the plaintiff. If such garnishee shall pay such indebtedness and deliver such property as directed by such order, the costs of the garnishee shall be paid out of the money or property received by the justice, unless the garnishee, upon an issue joined with him by the plaintiff, shall have been held liable in a greater amount of property on indebtedness than was disclosed in his answer, in which case he shall not have costs. And all property and effects, except money, delivered to the justice shall be by him ordered to be sold on the execution against the defendant.
Sec. 12. If the garnishee do not deliver over the property or pay the money so found in his hands and belonging to the defendant, as provided in the preceding section, then judgment shall be given against him for the value of such property or money and costs of suit in the cause in which he is garnishee, and no such costs shall be paid by the defendant.
Sec. 13. No final judgment shall be rendered against the garnishee until final judgment be rendered against tho defendant in the original action; but no judgment shall be rendered against a garnishee or any money be required to be delivered by him to the justice upon any liability arising out of a debt due by negotiable paper, unless such paper is delivered or the garnishee completely exhonorated or indemnified from all liability thereon after he may have satisfied the judgment.
Sec. 14. When a garnishee shall fail to appear, or ap-92
LAWS OF WASHINGTON
pearing shall fail to make full answers upon oath to the interrogatories of the justice touching his liabilities as garnishee, the justice shall enter such fact in his docket, and he shall be adjudged to be indebted to the defendant; and if judgment shall be rendered in favor of the plaintiff, against the defendant, judgment in favor of the plaintiff shall be entered against such garnishee for the amount of the judgment against the defendant, and for all costs in the garnishee proceedings, and no such costs shall be paid by the defendant; or on demand of the plaintiff he may issue a warrant to arrest the garnishee, which shall be served in the same manner as warrants issued by justices of the peace in civil actions founded on tort, and the garnishee shall be held thereon until he shall make full and direct ansewrs to such interrogatories; and the justice may continue the cause to some other day if necessary for further proceedings.
Sec. 15. If the garnishee shall have failed to appear at the proper time he may afterwards appear and answer at any time before final judgment against him,if he shall first pay all costs in the garnishee suit which have accrued up to that time, and when he shall so appear the justice shall cause the plaintiff to be notified thereof, so that he may be present at the examination.
Sec. 16. In all actions brought by the defendant against the garnishee for the recovery of any property, credits, money or effects delivered up or paid by order of any judgment rendered under this act, except costs rendered against the garnishee, such judgment may be pleaded in bar, and the same shall be conclusive between such parties.
Sec. 17. All acts and parts of acts in conflict herewith are hereby repealed.
Sec. 18. This act shall take effect and be in force from and after its passage and approval by the Governor.
Approved January 31, 1888.
AN ACT
IN RELATION TO DRIVING STOCK ALONG OR NEAR PUBLIC HIGHWAYS AND CAUSING THE SAME TO BE OBSTRUCTED..
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. Any person or persons driving stock along or near public highways, and causing such highway to be obstructed with stones, earth or other debris, and leaving the same to remain for more than twenty-four hours, shall beLAWS OF WASHINGTON	93
deemed guilty of a misdemeanor, and, upon conviction, shall be tmed in any sum not exceeding two hundred dollars.
^cc. 2. This act shall take effect and be in force from and after its passage and approval by the Governor.
Approved February 2, 1888.
AN ACT
TO AMEND CHAPTER 229 OF THE CODE OF WASHINGTON TERRITORY RELATING TO PUBLIC HIGHWAYS.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That wherever the word “freeholder” or “freeholders” occur in chapter 229 of the code of Washington Territory relating to public highawys, the same shall be construed to also include householder or householders, who are also taxpayers, as the case may be.
Sec. 2. This act shall take effect and be in force from and after its approval.
Approved February 2, 1888.
AN ACT
IN RELATION TO HOLIDAYS.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. The following days, namely: Sunday; the first day of January, commonly called New-Year's day; the fourth day of July; the twenty-second day of February; the twenty-fifth day of December, commonly called Christmas day; and any day designated by public proclamation of the chief executive of the Territory, or appointed and recommended by the Governor of the Territory as a day of public Thanksgiving; and the day known and observed as Memorial or Decoration day; and the day on which general or special elections for delegate to congress, and for the election of district and county officers, shall be considered and are hereby declared to be legal holidays within the Territory of Washington.
Sec. 2. All acts and parts of acts in conflict with the provisions of this act are hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its approval.
Approved January 27, 1888.94	' LAWS OF WASHINGTON
AN ACT
TO PROVIDE FOR THE PERMANENT LOCATION AND CONSTRUCTION OF AN HOSPITAL FOR THE INSANE IN EASTERN WASHINGTON.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That a State or Territorial hospital for the insane shall be and is hereby permanently established and located in the town of Medical Lake, Spokane county.
Sec. 2. That it shall be the duty of the Governor, within ten (10) days after the approval of this act, to appoint three (3) competent persons, residents of this Territory, who shall constitute a board of commissioners, for the construction of said hospital for the insane, and whose term of office shall be two (2; years, and until their successors are appointed and qualified.
Sec. 3. Each of said commisisoners, before entering upon the duties of his office, shall take and subscribe an oath, before any officer of the Territory qualified to administer the same, that he will faithfully and impartially administer the duties of his office according to law, and shall execute and deliver to the Governor a bond to the Territory, with two (2), or more, good and sufficient sureties, to be approved by said Governor, in the sum of five thousand ($5,000) dollars, conditioned for the faithful performance of his duty according to law, which oath and bond shall be filed in the office of the secretary of the Territory.
Sec. 4. The persons appointed as commisisoners under the provisions of this act, or a majority of them, shall meet at the said town of Medical Lake, on the second Monday of March eighteen hundred and eighty-eight (1888), and shall organize by election (electing) one of their number president of the board, and one of their number secretary.
Sec. 5. Should a vacancy occur in said board of commissioners by failure to qualify, death, resignation or otherwise the Governor shall appoint some suitable person, a resident of the Territory, to fill such vacancy, and the person so appointed shall qualify according to the provisions of this act, and shall enter upon the duties of commissioner as herein provided.
Sec. 6. It shall be the duty of the president of the board to preside at the meetings thereof, and to superintend the performance of all contracts for the erection of said hospital for the insane, for labor and material which may have been authorized by the board, and to see that the terms of each contract are fulfilled, and to do and perform such other duties
LAWS OF WASHINGTON
95
pertaining to the erection of said hospital for the insane as the board shall direct; provided, that no member of the board shall be interested, directly or indirectly, in any contract of any kind connected with the erection of said hospital for the insane during their continuance in office, under the penalty of three thousand ($3,000) dollars, to be prosecuted and collected of him and the sureties upon his bond, upon an action of debt commenced under the direction of the Governor, in any court of competent jurisdiction.
Sec. 7. All accounts shall be audited by the Territorial auditor, and no money shall be paid by the Territorial treasurer, for any purpose connected with the erection of said hospital for the insane, except on a warrant, or warrants, drawn on him by the Territorial auditor for the payment of bills, certified to by the said board of commisisoners and signed bv the president and secretary thereof, and every such warrant shall express upon its face whether the amount so required is for material furnished or service rendered, or labor performed, and the board shall in no case sanction the payment of any money unless the labor has been performed or the materials have been furnished, in accordance with a contract entered into under the provisions of this act; and it shall be the duty of the Territorial treasurer to pay all warrants drawn by said Territorial auditor, as herein provided, out of any moneys in his hands applicable thereto.
Sec. 8. The said commissioners shall receive a deed of conveyance, clear of all encumbrance, in trust, for the people of Washington Territory, for the north-east (N. E. |) quarter of section thirteen (13), township (24) twenty-four, N. R. 10 E.. W. M., said land being donated by the citizens of said town of Medical Lake, and upon which land the said hospital for the insane shall be erected, said land and location being the same selected by the board of commissioners appointed to so select, as authorized by the legislative assembly in an act entitled “an act providing for the appointment of commioners to select a location for the hospital for the insane in Eastern Washington,” approved February third (3d), eighteen hundred and eighty-six (1886).
Sec. 9. The said board of commissioners shall have the power to enter into any and all contracts for the erection of said hospital for the insane, on the ground donated therefor, as herein before described, and to make all contracts for the materials and labor necessary therefor. They shall proceed with as little delay as possible to erect a suitable fire proof building, or buildings, of stone or brick or either of said materials, in accordance with a plan or plans therefor, which may be adopted by said board, on (or) a majority of them.96
LAWS OF WASHINGTON
Sec. 10. All contracts for the erection of said hospital for the insane, and for labor or materials therefor, shall be made by said board, or a majority of thereof, and the execution of all said contracts shall be under the supervision and control of said board; no contract shall be entered into for the erection of said hospital for the insane, or for the materials or labor therefor, before the said board shall have first given notice by publication in three (3) newspapers published in this Territory, one at the city of Seattle, one at the city of Tacoma, and one at the city of Spokane Falls, for three (3) consecutive weeks prior thereto, inviting sealed proposals for the execution (erection) of said hospital for the insane, or for all or any portion of the designated materials therefor, or for all or any portion of the different kinds of work necessary in the erection of the same, and specifying the character and amount of the bond which will be required for the fulfillment of the conditions of said contract or contracts, and in all cases the contract or contracts shall be given by the board to the lowest and most responsible bidder, who shall give the required security; provided, said bid or bids shall not be opened in less than fifteen (15) days after said publication; provided also, that when there shall be but one bid, the approval of every member of the board shall be necessary to complete the proposed contract or contracts; provided also, that the Said board shall reject any or all bids, at their discretion, when deemed excessive, and again advertise for proposals.
Sec. 11. The said hospital for the insane shall be under the charge and control of the following officers, to-wih three (3) trustees; one (1) superintendent, who shall be a physician; one (1) assistant physician; and one (1) accountant and steward, which said officers shall be appointed by the Governor, by and with the consent of the council, and the said trustees shall immediately upon their appointment provide and enforce such rules as may be necessary for the government and discipline of said hospital for the insane; provided, that if said hospital for the insane shall be completed or ready for occupancy prior to the next regular session of the legislative assembly, the Governor shall appoint such officers and provide such rules as may be necessary for the government and discipline of said hospital for +1 e insane, until such time as the legislative assembly shall meet and provide for the. same.
Sec. 12. Each of said commissioners in consideration of services rendered, shall receive an annual salary of six hundred dollars ($600), and no more, payable quarterly out of the appropriations hereinafter made for the erection of said hos-
s-TLAWS OF WASHINGTON
97
pital for the insane, and in the same manner as other expenditures and accounts against said fund are paid.
Sec. 13. For the purpose of carrying into effect the provisions of this act there is hereby appropriated, out of any money in the treasury not otherwise appropriated, the sum of sixty thousand ($60,000) dollars for the erection and construction of an hospital or the insane in Eastern Washington, and the Territorial treasurer shall pay all warrants as herein provided.
Sec. 14. That all acts and parts of acts in conflict herewith are hereby repealed.
Sec. 15. This act shall take effect and be in force from and after its passage and approval by the Governor.
Approved January 25, 1888.
AN ACT
TO APPROPRIATE MONEY TO PAY DEFICIENCIES IN THE ERECTION OF HOSPITAL FOR THE INSANE AT FORT STEILACOOM AND TO PAY FOR CERA1N IMPROVEMENTS AT SAID INSTITUTION.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That there be, and is hereby appropriated, out of the Territorial treasury, from funds not otherwise appropriated, the following sums of money for the use of the hospital for the insane at Fort Steilacoom, to wit: For pay of deficiencies in the erection of said institution, the sum of nine hundred and forty and sixty-eight hundredths dollars; for pay for furnishing and painting the new buildings, removing old houses, grading grouds, and building fences, fifteen thousand dollars. The said sums paid under this act, or so much thereof to be only paid when audited by the Territorial auditor and certified as correct by the said board of trustees.
Sec. 2. This act to take effect and be in force from and after its passage and approval.
Approved February 2, 1888.
AN ACT
TO APPROPRIATE MONEY TO DEFRAY THE EXPENSES OF THE HOSPITAL FOR THE INSANE.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. The superintendent of the hospital for the insane at Fort Steilacoom, by and with the consent of the board98	LAWS OF WASHINGTON
of trustees, shall employ such assistants aS are necessary for the effectual and economical administration of the institution; and the regular officers and employes shall not receive salaries to exceed the following sums per annum: One superintendent, twenty-two hundred ($2,200) dollars; one assistant physician, eleven hundred ($1,100) dollars; one accountant and steward, thirteen hundred ($1,300) dollars; one head warden, six hundred and fifty ($650) dollars; one matron six hundred and fifty ($650) dollars; one engineer, nine hundred ($900) dollars; one assistant engineer, five hundred and forty ($540) dollars; ward attendants, male and female, each five hundred and forty ($540) dollars; one outside attendant five hundred and forty ($540) dollars; one teamster four hundred ($400) dollars; one laundress, three hundred ($300) dollars; one carpenter, six hundred ($600) dollars; one cook, nine hundred ($900) dollars; one baker, who shall assist the cook, six hundred ($600) dollars; one assistant in kitchen and dining-room, three hundred ($300) dollars.
Sec. 2. Each officer and employe may be furnished sub4 sistence, quarters, light and fuel for one, and the superintendent, assistant physician, accountant and steward, and engineer with quarters for their families in addition to their salaries.
Sec. 3. And be it further enacted: Seventy-five thousand ($75,000) dollars, or so much thereof as may be necessary, are hereby appropriated to defray the expenses of said institution for the next two years.
Sec. 4. All acts and parts of acts in conflict with the provisions of this act are hereby repealed, and sections 2266 and 2272 of the code of Washington are hereby expressly repealed.
Sec. 5. This act to take effect and be in force from and after its passage and approval by the Governor.
Approved February 2, 1888.
AN ACT
TO AMEND AN ACT ENTITLED “AN ACT TO AMEND CHAPTER CX OF THE CODE OF WASHINGTON TERRITORY, RELATING TO IDIOTS AND INSANE, AND SECTION 2267 OF CHAPTER CLXVI ENTITLED HOSPITAL FOR THE INSANE,” APPROVED FEBRUARY 4TH, 1883.
Be it enacted by the Legislative Assembly of the Tei’ritory of Washington:
Section 1. That section 1632 of the code of Washington Territory, as amended and approved February 24th, 1883, be, and the same is hereby amended by adding to, and at the endLAWS OF WASHINGTON	99
17C34
of said section the following: Provided, further, that whenever said probate judge shall by reason of sickness or other cause, be unable to attend at his office and perform the duties required by this section, that said duties shall be performed by any judge of the probate court of any adjoining county, upon applicant filing an affidavit setting forth inability of the proper probate judge to attend at his office.
Sec. 2. This act shall take effect and be in force from and after its passage.
Approved February 2, 1888.
AN ACT
MAKING IT A MISDEMEANOR FOR ANY PERSON TO ASK OR REQUEST FOR HIMSELF OR ANOTHER TO BE PLACED UPON ANY JURY, AND MAKING IT A MISDEMEANOR FOR ANY SHERIFF, CONSTABLE OR OTHER PERSON, WHEN ASKED OR REQUESTED SO TO DO, TO SELECT OR PLACE ANY SUCH PERSON UPON THE JURY, AND PROVIDING FOR THE PUNISHMENT THEREOF.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. Any person who shall ask or request any sheriff, constable or other person or persons, whose duty it may be under the law to select or summon any jury or juror, to be selected or put upon the jury, or shall procure or offer to procure for himself or for another person, or place upon any jury, or shall seek to have himself or another placed upon the list of jurors, that is now required by law to be made; shall be deemed guilty of a misdemeanor, and upon conviction, shall be fined in any sum not exceeding three hundred dollars.
Sec. 2. Any sheriff, constable or other person, whose duty it may be under the law to select or summon a jury, who shall select, summon or place upon any jury any person whom he has been asked or requested to select or summon, shall be deemed guilty of a misdemeanor, and upon conviction, shall be fined in any sum not exceeding three hundred dollars.
Sec. 3. This act to take effect and be in force from and after its passage and approval by the Governor
Approved January 27, 1888.
AN ACT
TO AMEND SECTION 2080 OF CHAPTER CLII OF THE CODE OF WASHINGTON TERRITORY AS AMENDED BY AN ACT ENTITLED AN100	LAWS OF WASHINGTON
ACT TO AMEND SECTION 2080 OF CHAPTER CLII OF THE CODE OF WASHINGTON TERRITORY RELATING TO GRAND AND PETIT JURORS, APPROVED NOVEMBER 27, 1883; AND ALSO TO AMEND SECTION 2082 OF CHAPTER CLII OF THE CODE OF WASHINGTON TERRITORY AND ADD TO SAID CHAPTER SECTIONS 2085% AND 2085% RELATING TO GRAND AND PETIT JURORS.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That section 2080 of chapter CLII of the code of Washington Territory as amended by an act entitled “an act to amend section 2080 of chapter CLII of the code of Washington Territory, relating to grand and petit jurors,” approved November 27.1883, be and the same is hereby amended to read as follows: Section 2080. Every board of county commissioners, on or before the first Monday of February in each year shall select from the persons in their county, qualified to serve as petit jurors, the names of one hundred persons to serve as petit jurors for the ensuing year, and from persons in their county, qualified to serve as grand jurors, the names of one hundred persons to serve as grand jurors for the ensuing year, and shall certify the same in separate lists to the clerk of the district court of the district and county to which such county may be attached for judicial purposes; provided, that if from any cause the county commissioners are unable to select the full number of names in this section provided for they shall select such less number as they may agree upon, anti in such case they shall include in their certificate to the clerk of the district court the reason why such less number have been selected.
Sec. 2. That section 2082 of chapter CLII of the code of Washington Territory be and the same is hereby amended to read as follows: Section 2082. At least thirty days before each term of court the clerk of the court, or his deputy, shall write out the names on the lists certified to him by the county commissioners, which have not been previously drawn as jurors from said lists, on separate ballots,and the clerk of the district court, or his deputy, shall then call to his assistance the sheriff and county auditor of the county where said court is to be held, and the said clerk or his deptuy and the sheriff and auditor shall there compare said ballots with the lists and correct them if necessary; they shall then place the ballots in a box provided for the purpose, and after thoroughly mixing the same the clerk or his deputy shall be hoodwinked, and shall then draw therefrom the requisite number of names of persons to serve as jurors, and the sheriff and auditor shall then certify under oath to the list of jurors so drawn, to the effect that they were present at the drawing of the same and that said drawing was conducted fairly and impartially and as pro-LAWS OF WASHINGTON
101
filed bv tl ^ch certified list of jurors so drawn shall be filed bj the clerk of the court and kept, subject to the inspection at any time of the judge or any attorney authorized to practice law in the courts of this Territory. Within three Sn ^fteP *he dra™£ of said jurors as aforesaid, the clerk i?heldSTnd f 6 ^i^- °f eaCh C°Unty’ for which the term is held, and from which jurors have been drawn, two venires one containing the names of all persons drawn from his county o sene as petit jurors, and one containing the names of ail persons drawn from his county to serve as grand jurors. The a enires for petit jurors shall be made returnable on the second day of the term at ten o'clock in the forenoon, and the venires tor grand jurors shall be made returnable on the first day of le term at ten o clock in the forenoon, unless the judge of the district in which such court is held shall order said venires made returnable on a day different than herein provided; pro vi ed, howm er, that no person shall be required to serve twice as a grand juror or twice as a petit juror within two years.
nf th? J t?Pe ?e and 1S hereby added to chapter CLII Section	ashlngton Territory section 2085|, as follows:
lection 085f If from any cause the sheriff or auditor or both shall not attend and assist the clerk in drawing jurors as in this chapter provided, the clerk may call to his assistance such other county officer or officers as he may choose, and thev shall proceed as is prescribed for the auditor and sheriff. ‘
„ +1 feec' f That there be and is hereby added to chapter CLII ^ection^SU t?1 ?Territory section 2085|, as follows: Section _08o^. Ihe failure on the part of any officer or officers to perform any of the duties required by this chapter within the time provided for shall not invalidate the selecting mg or summoning of jurors.	^wciih„,
5‘ ™S acVhaH take effect and be in force from and aftei its passage and approval.
Approved February 2, 1888.
AN ACT
IN RELATION TO GRAND AND PETIT JURORS.
Be it enacted by the Legislative Assembly of the Territory of Washington:
th.	male citizens of the United States above
e afee of twenty-one years, and all other male inhabitants above that age, who shall have declared on oath their intention to become citizens at least six months previous to bein^ drawn or summoned to serve as a juror, and shall have taken102	LAWS OF WASHINGTON
an oath to support the constitution and government of the United States, and shall have resided six months in the Territory, and sixty days in the county, next preceding the day of their being drawn or summoned as a juror, and neither idiots nor insane, and none other, shall be competent to serve as grand or petit jurors, within the county in which they reside, and within any county or district to which such county may be attached for judicial purposes.
Sec. 2. Civil officers of the United States, civil and judicial officers of the Territory, attorneys at law, ministers of the gospel or priests, school teachers, practicing physicians, locomotive engineers, active members of the fire department of any city or village, all persons who have served twice as a juror within two years, and all persons over sixty years of age, shall not be compelled to serve as jurors, and in preparing jury lists, the county commissioners shall omit the names of such persons; but no act of a grand or petit jury shall be invalid by reason of such person or persons aforesaid, qualified in other respects, serving thereon; nor shall any disqualification of any member of a grand or petit jury affect the indictment or verdict, unless the juror for that specific cause was challenged or excepted to before the rendition of their indictment or verdict, and the challenge or exception overruled, and error specifically assigned upon the overrulling of such challenge or exception.
Sec. 3. All acts or parts of acts in conflict herewith are hereby repealed.
Sec. 4. This act shall take effect and be in force from and after its approval.
Approved February 2, 1888.
AN ACT
TO AMEND SECTIONS 1770, 1771, 1772 AND 1773 OF CHAPTER CXIX OF THE CODE OF WASHINGTON TERRITORY REDATING TO TRIAD BY JURY OF ACTIONS BEFORE JUSTICES OF THE PEACE.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That section 1770 of chapter CXIX of the code of Washington Territory, relating to trial by jury of actions before justices of the peace, be amended so as to read: “Section 1770. After the appearance of the defendant, and before the justice shall proceed to enquire into the merits of the cause, either party may demand a jury to try the action, which jury shall be composed of six good and lawful men having theLAWS OF WASHINGTON
103
qualifications of jurors in the district court of the same county unless the parties shall agree upon a less number; provided, that the party demanding the jury shall first pay to the justice the sum of six dollars, which shall be paid over by the justice to the jury before they are discharged, and said amount shall be taxed as costs against the losing party.”
Sec. 2. That section 1771 of said act be amended so as to read: “Section 1771. When a jury is demanded, the trial of the case must be adjourned until the time fixed for the return of the jury; if neither party desire an adjournment the time must be determined by the justice, and must be on the same day, or within the next two days. The jury must be immediately selected as herein provided.”
Sec. 3. that section 1772 of said act be amended so as to read: “Section 1772. The justice shall write in a panel the names of eighteen persons, citizens of the county, from which the defendant, his agent or attorney, must strike one name; the plaintiff, his agent or attorney, one; and so on alternately until each party shall have stricken six names, and the remaining six names shall constitute the jury to try such ease; and if either party neglect or refuse to aid in striking the in rias aforesaid, the justice shall strike the name in behalf of such party.”
Sec. 4. That section 1773 of said act be amended so as to read: “Section 1773. The justice shall thereupon issue a summons for the jury, in which the following form shall be observed in substance:
The Territory of Washington, County of.............ss
The United States of America to the Sheriff or any Constable of said county:
You are hereby commanded to summon......................to
appear before me, at my office in............precinct,	said
county, on the.......day of...............A.	I)., 18.. at....
o’clock in the ... .noon, to serve as jurors in a case pending-before me, then and there to be tried. And this they shall in nowise omit: And have you then and there this writ, with your doings thereon.
Given under my hand this, the............dav of
A- D.........	A. ... B,. ..
Justice of the Peace.
Which summons shall be personally served upon the persons named, and the same shall be returned, with the names of the persons summoned, at the time appointed for the trial of the cause.
Sec. 5. That sections 1770, 1771, 1772 and 1773, of which this act is amendatory, be and the same are hereby repealed'.104
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Sec. 6. This act shall take effect and be in force from and
after its passage and approval. Approved January 31, 1888.
AN ACT
RELATING TO THE ELECTION OF JUSTICES OF THE PEACE. Be it enacted by the Legislative Assembly of the Territory
of Washington:
Section 1. That the qualified electors of each election precinct in this Territory shall, at the first general election, and biennially thereafter, elect one or more justices ot the peace as hereinafter provided.
Sec 2. Each election precinct shall be entitled to elect one justice of the peace, but the county commissioners of any county may, at the time of organizing a precinct, or at any time thereafter, authorize the election of one additional justice of the peace in any precinct. .
Sec. 3. Each incorporated city in this Territory, together with any adjoining precincts, if any there are, lying partly within and partly without said city, shall, for the purposes of this act, and for fixing and limiting the number of justices of the peace to be elected in such city, be deemed and considered one precinct, and the qualified electors within the limits thereof shall at each general election at the several polling places therein, vote for and elect two justices of the peace, and no more.
Sec. 4. The qualification, term of office, duties, powers and jurisdiction of justices of the peace shall be as now provided by law except that no justice of the peace shall hereafter have jurisdiction of any action brought to enforce or collect any claim or demand which said justice had, in any manner, attempted to collect as agent or otherwise.
Sec. 5. This act shall take effect and be in force from and after its approval by the Governor.
Approved February 2, 1888.
AN ACT
MAKING IT LARCENY TO APPROPRIATE TO ONES OWN USE THE GOODS, CHATTELS AND PERSONAL PROPERTY OF ANOTHER HELD IN BAILMENT, AND TO PUNISH THE SAME.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That every person who shall borrow, hire, orLAWS OF WASHINGTON
105
in any manner obtain the use of the goods, chattels or personal property of any nature, kind or condition whatsoever, of another for any specific purpose, or for any specific time, and who shall at any time after the said purpose has complied with, or the said time has expired, give away, trade, barter, sell, convert, or secrete, with intent to convert to his own use without the consent of the owner or agent of said owner, any of the goods, chattels or personal property of any nature, kind or condition whatsoever, of another, which shall have come into his or her possession by virtue of such borrowing, or hiring, or so obtaining the possession thereof as aforesaid, he or she shall, upon conviction thereof, be adjudged guilty of larceny, and shall be punished in the same manner prescribed by law for the larceny of property of the kind and value of the goods, chattels, or personal property so given away, traded, bartered, sold, converted or secreted with intent so to convert to his or her own use.
Sec. 2. This act shall take effect and be in force from and after its passage.
Approved February 2, 1888.
AN ACT
RELATING TO LICENSING OF ANIMALS KEPT FOR BREEDING PURPOSES FOR HIRE.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That it shall be unlawful in this Territory for any person to stand or keep any stallion for breeding purposes for hire, or to collect any fee whatsoever for the service of any such animal, without having first obtained a license therefor in the county in whch such animal is kept, or such fee collected for such purpose, in the manner provided in this act.
Sec. 2. Any person desiring to stand or keep any stallion for breeding purposes for hire, and to collect and receive a fee for the services of such animal, shall file with the auditor of the county in which such stallion is to be kept for that purpose, an affidavit, either of himself or some credible person, stating a particular description of such horse, with all marks and brands, and pedigree, if known; the place or places in said county where such horse will be kept or stood; the price charged for the services of such horse, together with the name of the owner, and shall deposit with the auditor a license fee as follows: For horses which $10 or less fee is charged, ton dollars; where more than $10 and not more than $20 fee is106	LAWS OF WASHINGTON
charged, twenty dollars; where more than $20 and not more than $30 fee is charged, thirty dollars; where more than $30 and not more than $40 fee is charged, $40; and where more than $40 fee is charged, $50. All of whch licenses shall be issued by the auditor upon the applicant complying with the foregoing requirements, and such audtor shall specify in such license all of the facts set forth in the affidavit aforesaid, which license shall be good and valid in the county in which they are issued for the period of one year thereafter, from the first day of March of each year.
Sec. 3. For his services in issuing such license the auditor shall receive a fee of one dollar, to be deducted by him from the license fee paid by the applicants, and the balance of such fee shall be paid by the auditor to the treasurer of his county, and shall go into the general road fund of the county. The auditor (treasurer) shall place the balance of any license funds in the county treasury, to be credited to the various road districts where the licensed animal belongs.
Sec. 4. Any person violating any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in any sum not exceedng three hundred dollars.
Sec. 5. AU acts and parts of acts in conflict herewith are hereby repealed.
Sec. 6. This act shall take effect and be in force from and after its passage and approval.
Approved February 2, 1888.
AN ACT
IN RELATION TO ANIMALS KEPT FOR BREEDING PURPOSES.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That any person who is the owner, agent or keeper, or in any way interested in the ownership or the keeping of any stallion, bull, ram or boar that may be kept for the use of the general public for pay, shall knowingly and wilfully misrepresent the pedigree or blood of any such stallion, bull, ram or boar, shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined in any sum not exceeding one hundred dollars, and shall be liable for all damages that may be sustained by reason of such misrepresentation.
Sec. 2. Any person wflio shall sell any horse, horned cattle, hog or sheep, and shall have knowingly and wilfully misrepresented the blood or pedigree of the same, shall be deemedLAWS OF WASHINGTON
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guilty of a misdemeanor, and upon conviction thereof, shall be fined in any sum not exceeding fifty dollars, and shall also be liable for all damages sustained by reason of such sale by misrepresentation.
Sec. 3. This act shall take effect and be in force from and after its passage and approval by the Governor.
Approved February 2, 1888.
AN ACT
TO REGULATE, RESTRAIN, LICENSE OR PROHIBIT THE SALE OF INTOXICATING LIQUORS.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. The board of county commissioners of each county in the Territory of Washington shall have the sole and exclusive authority and power to regulate, restrain, license or prohibit the sale or disposal of spirituous, fermented, malt or other intoxicating liquors outside of the corporate limits of each incorporated city, incorporated town or incorporated village in their respective counties; provided, that the annual license fee for the sale of spirituous, fermented, malt or other intoxicating liquors shall, in no instance, be less than three hundred ($300) dollars, or more than one thousand ($1000) dollars, which said license fee shall be paid annually in advance to the county treasurer, who shall pay ten (10) per cent, of the amount into the general fund of the Territorial treasury, thirty-five (35) per cent, into the county school fund, and the remaining fifty-five (55) per cent, into the general county fund; provided further, that no license shall be granted to sell sprit-uous, fermented, malt or other intoxicating liquors by said county commissioners within one mile of the corporate limits of any incorporated city, town or village.
Sec. 2. The mayor and council, or other governing body of each incorporated city, incorporated town or incorporated village in Washington Territory shall have the sole and exclusive authority and power to regulate, restrain, license or pro-Mbit the sale or disposal of spirituous, fermented, malt or other intoxcating liquors within the corporate limits of their ($1,000) dollars, which said license fee shall be paid annually three hundred ($300) dollars, or more than one thousand respective cities, towns or villages; provided, that the annual license fee for the sale of such spirtuous, fermented, malt or other intoxicating liquors shall, in no instance, be less than in advance to the treasurer of the city, town or village, who
108
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shall pay ten (10) per cent, thereof into the general fund of the Territorial treasury, and hand the remaining ninety per cent into the general fund of the city, town or village treasury.
Sec. 3. In granting the license authorized by this act, the proper authorities shall exact from each applicant a bond in the sum of one thousand ($1,000) dollars, conditioned that the applicant shall keep an orderly house and will not sell liquors to minors. He shall in case of violating the terms of the license forfeit the same, and be subjected to the other penalties provided by law for illegal selling of spirituous, fermented, malt or other intoxicating liquors; the authorities granting the license shall have full authority and power to deciare it forfeited for the violation of any of the terms upon which it is granted.
Sec. 4. Any person who shall sell or dispose of any spirituous malt or other intoxicating liquors without having first obtained a license from the proper authorities, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in any sum not exceeding one thousand ($1,000) dollars or imprisoned in the county jail not to exceed six months, or by both fine and imprisonment, for each offense.
Sec. 5. Nothing in this act shall be held or construed to allow any person, firm or corporation to barter, sell or otherwise dspose of spirituous, malt, fermented or other intoxicating liquors without having first obtained a license therefor, as required by the provisions of this act, except as provided in section 6 of the same.
Sec. 6. Nothing in this act shall be construed to apply to any pharmacist or druggist, so as to prohibit him from, or punish him for, dispensing of any spirituous, fermented, malt, or other intoxicating liquors, in good faith, upon the written prescription of any reputable physician; and nothing in this act shall make it unlawful for such pharmacist or druggist to sell pure alcohol for scientific or mechanical purposes, to any reputable mechanic or scientist, upon his written certificate, which must be filed with the other prescriptions of said pharmacist or druggist, that said alcohol is to be used for the scientific or mechanical purposes specified in said certificate, and for no other purpose; and nothing in this act shall make jt unlawful for any pharmacist or druggist to sell pure 'grape wine to any regularly ordained clergyman, or other church officer of any recognized religious denomination, for sacramental purposes, upon the written certificate of said clergyman or other church officer, which certificate must be filed with the other prescriptions of said pharmacist or druggist, that said wine is to be used for sacramental and for no other purposes.LAWS OF WASHINGTON	109
Sec. 7. Any pharmacist or druggist who shall sell or dispose of any alcohol, or any spirituous, fermented, malt, or other intoxcating liquors, for any purposes, or in any manner, other than as provided in section 6 of this act, without having a license for the sale of such intoxicating liquors, shall, upon conviction thereof, in any court having jurisdiction thereof, the (be) subject to the same fines and penalties imposed by any law or ordinance upon any other person for selling intoxicating liquors without a license.
Sec. 8. All acts and parts of acts in conflict with this act are hereby repealed.
Sec. 9. This act shall take effect and be in force sixty days after its passage and approval by the Governor.
Approved February 2,1888.
AN ACT
FOR DEVELOPING THE LATENT RESOURCES OF THE EARTH IN WASHINGTON TERRITORY.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That whenever twenty taxpayers of any one county, who shall reach (each) pay taxes on a sum not less than fifteen hundred dollars, in said county, shall apply by petition in writing to the commissioners of their county for an appropriation of any specified sum of money for the purpose of boring or drilling into the earth for valuable minerals, such as coal, oil, gas, salt, or any other valuable subterranean production that is supposed to exist in quantities sufficient to justify boring for, then the county commisisoners of the county wherein the above named petition has been filed, shall make an estimate of the probable depth the well will have to be bored, and the probable cost of boring the same, and shall put up notices, as prescribed by law for general elections, calling on all legal voters in the said county to vote for or against the said tax.
Sec. 2. Said election notices shall fully set forth the object of the election, the amount of taxes to be raised, the purpose for which it is to be expended, and the locality where the well is to be drilled or bored.
Sec. 3. The county shall expend no money, for the purposes hereinbefore named, on land which it does not have a title to, or a twenty years’ lease of.
Sec. 4. The tract of land so leased or owned by the county shall be nearly square in form, and not contain less than tea acres.110	LAWS OF WASHINGTON
Sec. 5. Said well shall be bored or drilled near the center of said tract of land.
Sec. 6. If there are lawful petitions for boring more than one well in the same county at the same time, the county commissioners shall select the site for boring or drilling the said well.
Sec. 7. No person shall be a voter on the question of levying a tax for the purpose herein named, except he shall hate paid taxes in said county the preceding year.
Sec. 8. The ballots shall read, “Tax Yes,” or “Tax No.”
Sec. 9. In making an estimate of the expenses of boring the said well, the county commissioners may add fifteen per cent, thereto for delinquency, and the expenses of collecting the same.
Sec. 10. This tax shall be collected the same as the school tax, and be payable on the order of a majority of the board of county commisisoners.
Sec. 11. When the tax shall have been voted and collected. the county commisisoners shall advertise in the newspapers in said county having the largest circulation, for at least four consecutive weeks, for boring or drilling said well, and in case no newspaper is in said county, the advertisement may be published in the nearest newspaper thereto.
Sec. 12. When the bids shall be opened, and it shall appear to a majority of the board of county commissioners that any of them are reasonable, then they shall proceed to let the contract to the lotvest bidder therefor.
Sec. 13. The commissioners aforesaid shall require a good and sufficient bond of the contractor for the faithful perform-nnce of his contract.
Sec. 14. When the wTell has been drilled or bored as per contract, then within one year thereafter the county commissioners, after duly advertising, may proceed to sell their title to the land, with the appurtenances thereto belonging, to the highest bidder, and shall place the proceeds of said sale into the county general fund.
Sec. 15. If the expense of boring or drilling said well shall be less than the estimated cost, then the countv commissioners shall put the surplus fund that was collected therefor into the county general fund; and if the expenses shall exceed ther estimates by an amount not greater than one thousand dollars, then and in that case the commissioners aforesaid may draw upon the county general fund for a sum not greater than last named.
Sec. 16. All of the expenses of the location hereinbefore provided for shall be paid out of the county general fund.
Sec. 17. It is further provided by this act, that no elec-
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111’
lion for the purposes hereinbefore set forth shall occur of tenet than once in two years in any one county.
Sec. 18. This act to take effect and be in force sixty days .after its passage and approval by the Governor.
Approved February 2, 1888. ‘
AN ACT
TO PROVIDE FOR THE DISTRIBUTION OF THE SESSION LAWS AND JOURNALS OF 1887-8 AND INDEX TO CODE.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That the session laws and journals of the present session and index to the code be distributed as follows: That the secretary of the Territory shall furnish one copv each, of the journal of the house and council, to the Governor, each member o the council and house of representatives, and the sergeant-at-arms, and chief and assistant clerks of the council and house.
Sec. 2. The secretary shall cause to be bound in law sheep a sufficient number of copies of the session laws and the index to the code, to furnish one copy each, to the Governor, secretary, auditor, attorney general and territorial treasurer, each of the judges of the supreme court, the United States district attorney, the L nited States marshal, the clerk of the supreme court, each prosecuting attorney, two copies to the library of congress, one copy to each of the States and Territories of the United States for the use of the public library of such States and Territories, one copy to the Province of British Columbia, at A ictoria, and one copy to each member of the council and house of representatives, the sergeant-at- arms, and clerk and assistant clerks of the council and house, and one copy each to the registers and receivers of the United States land offices within the Territory, and one copy to the superintendent of public instruction.
Sec. 3. The secretary of the Territory shall also forward to the county auditors of each court (county) a sufficient num-ber of unbound copies of the session laws and index to code, to supply one copy to each auditor, clerk of the district court, piobate judge, sheriff, county treasurer, assessor, countv coin* missioner, county superintendent of common schools, coroner and justice of the peace within their respective counties, as public property, for the use of their respective offices, to be delivered to their successors in office and one copv to each of the public institutions of the Territory.112
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Sec. 4. The remaining copies of such laws shall be delivered by the secretary to the Territorial auditor, who shall sell the same at the price of two dollars per volume, and pay in to the Territorial treasury the proceeds of such sales for the use of the general fund of the Territory.
Sec. 5. It shall be the duty of the secretary to carry into effect the provisions of the foregoing section, and any and all necessary expenses incurred by him in so doing, shall be allowed and paid out of the Territorial treasury upon presentation of the bills therefor to the satisfaction of the Territorial auditor, who shall draw his warrants therefor in favor of the secretary upon the Territorial treasury, who shall pay the same out of the Territorial treasury, out of any funds not otherwise appropriated.
Sec. 6. This act to take ffect and be in force from and. after its passage and approval.
Approved February 2, 1888.
AN ACT
TO AMEND SECTION TWO OF AN ACT ENTITLED “AN ACT TO AMEND SECTION NINETEEN HUNDRED AND SEVENTY-FIVE (1975) AND NINETEEN HUNDRED AND SEVENTY- SEVEN (1977) OF CHAPTER ONE HUNDRED AND THIRTY-NINE (139) OF THE CODE OF WASHINGTON TERRITORY, RELATING TO LIENS,” APPROVED JANUARY 21ST, 1S86.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That section two of an act entitled, an act to amend section nineteen hundred and seventy-five (1975) and nineteen hundred and seventy-seven (1977) of chapter one hundred and thirty-nine (139) of the code of Washington Territory relating to liens, approved January 21, 1886, be, and the same is hereby amended so as to read as follows:
Sec. 2. Any person claiming the benefit of this chapter, must within forty (40). days after the close of said work and labor, or after the expiration of the term, or after the expiration of each year of the lease, for which any lands were demised, file for record with the county auditor of the county in which said work and labor was performed, or said demised lands are situated, a claim which shall be in substance in accordance with the provisions of section nineteen hundred and forty-seven (1947) so far as the same may be applicable, which said claim shall be verified as in section provided, and said liens may be enforced in a civil action in the same manner, asLAWS OF WASHINGTON
113
near as may be. as provided in section nineteen hundred and fifty-one (1951); provided that the lien hereby created in favor of landlords shall only apply when the lease has been recorded.
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 the first day of May. 1888.
Approvel January 27, 1888.
AN ACT
TO AMEND SECTION 1961 OF CHAPTER CXXXVIII OF THE CODE OF WASHINGTON TERRITORY, RELATING TO LIENS OF MECHANICS AND OTHERS UPON REAL PROPERTY.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Sectionl. That section 1961 of chapter CXXXVIII of the code of Washington Territory relating to liens of mechanics and others upon real property, be and the same is hereby amended to read as follows: Section 1961. Every person, claiming the benefit of this chapter, must within ninety days after the completion of any building, improvement or structure, or after the completion of the alteration or repair thereof, or after he has ceased to labor thereon from any cause or after he has ceased to furnish materials therefor, or after the performance of any labor in a mine or mining claim, tile for record with the county auditor for the county, in which such property or some part thereof is situated, a claim containing a statement of his demand, after deducting all just credits and offsets, with the name of the owner, or reputed owner, if known, and also the name of the person by whom he was employed or to whom he furnished the materials with a statement of the terms and conditions of the contract, if any, and also a description of the property to be charged with the lieu, sufficient for identification, which claim must be verified by the oath of the claimant, or some other person, to the effect that the affiant believes the same to be just.
Sec. 2. This act shall take effect and be in force from and after March 1. 1888.
Approved February 2, 1888.114	LAWS OF WASHINGTON
AN ACT
TO PROVIDE FOR LOCATING, OPENING AND MAINTAINING OF ROADS AND CHUTES TO BE USED FOR LUMBERING AND LOGGING PURPOSES, AND PROVIDING COMPENSATION FOR THE USE OF LANDS CONDEMNED FOR SUCH PURPOSES.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That any person or persons, firm, company or corporation owning or controlling any timber lands, or growing timber on land in this Territory, and desiring to cut and remove such timber from such lands to a point where the same may be driven, rafted, boomed or shipped for lumbering purposes, and have no practical road or right of way for a road whereon to haul and remove said timber, shall have the right to establish a right of way for a logging road or a logging chute from said lands to any waters or railroad by the bj the most direct and feasible route for the removal of said timber as in this act hereinafter prescribed; provided, that the words person or persons in this act shall not be construed to mean any person or persons who may compose any part of any company or corporation availing themselves of the provisions of this act.
Sec. 2. Any person or persons, firm, company or corporation desiring to establish such right of wav whereon to construct a logging road or chute shall file with the district court of the district wherein such road is to be located, laid out and built, a map showing the location and extent of the lands whereon the timber is to be removed, the point or place of location of the proposed terminus of said road, the place where the said road is to begin, the proposed direction and most direct and feasible route for said road or chute to run, the sections, townships and ranges through which said road^ if located, would pass, and the names of the persons in actual possession of any of the lands through which said road or chute would have to be built, from its place of commencement to its point of termination, together with a petition of the applicant or aplicants, verified by the oath of at least one of th® applicants; or, in case a corporation is applicant, by the secretary of the corporation, describing the lands sought -to be appropriated with reasonable certainty, and setting forth the name of each and every owner, incumbrancer or other person interested in the same, so far as the same can be ascertained by the public records, and praying the appointment of three competent, disinterested persons as viewers to ascertain and determine the compensation to be made to such owners respectively, and to all tenants, incumbrancers or others inter-LAWS OF WASHINGTON
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ested for the taking or affecting such lands, and setting forth the estimated amount of merchantable timber growing or being upon the lands of the applicant as designated upon the map; that there is no other road or acquired right of way, and that there is no other direct or feasible way from said lands to drivable, tide or navigable waters or railroad whereon or whereby said timber can be moved or hauled to market ; that said proposed road or chute is necessary for the removal of said timber, and is a parcticable and feasible route for a logging chute or road. Said applicant or applicants shall also file with such map and petition an undertaking, payable to the county wherein said application is made, with at least two sureties, which undertaking shall be approved by said clerk, and be conditioned that the applicant or applcants will pay all costs and expenses that may be incurred by reason of the filing of such petition, and all costs and expenses of viewing and surveying such proposed road or chute, whether the same is located or not.
Sec. 3. Upon the receipt of said map and petition by said clerk of said district court, said clerk shall issue a notice to each and every person named in said petition as owner, incumbrancer, tenant or otherwise interested therein at least fifteen days prior to the date set for the hearing of said petition, ■which notice shall notify such persons of the filing of said petition and map, and the time the same will come on for hearing before the judge of the district court for appointment of viewers, and shall be under the seal of the said district court, and signed by said clerk, and shall be in substantially the following form:
Territory of Washington, County of ................ss.
In the district court for .................... county
In the matter of the application of.....................  to
establish a logging roadway in................county.
To .....................................
You will please take notice that..............has this day
filed a petition and map in the district court holding terms at ............in	and for...........county, praying a location of a right of way for a logging road or chute through lands now’ in your possession, situate in section .... township .... range.... in said............ county, and that said ap-
plication will come to be heard before the said judge of said court ,at chambers for appointment of viewers to locate such right of way, on the.........day of...............A. D. .. .
at............in the town of.............in said county and
Territory, at the .... hour of .... m. of said day, at which time you are required to appear and file your claim for any damages that you may consider you will sustain in case said116
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right of way is located as by said map shown and in said peti-lon prayed; and, further, you do then show cause, if anv you ha^e, why said right of way should not be located as by said map shown and projected.
yv itness may hand and the seal of the said court of ............ county this......dav of...............A	D
(Seal of district court.) ........................
T!ie time fixed in said notice for the hearing^ saul petition shall not be less than thirty davs after the filing or later than a day certain, to be fixed by the
Said d?St/iCt COUrt after the of suci/map n°n; ^°V1^d' ?at after the of said map and petition the said judge of said district court mav continue the Poarmg of said petition from time to time upon application . the petitioner or purpose of allowing the completion of service ot said notices.
Sec. o Said notice shall be served by deliverv of a copv therof duly certified as such, to the person or ‘persons to T 10m the same is directed, in the same manner as is provided m Of ? summons in a Civil action in a district m	Territ°ry, and shall be returned to the clerk of
said district court, and with him filed, together with proof of service of the same, on or before the day set for hearing of the petition, protided, that in case any such notice cannot be served because of the absence from the Territory of the person to whom it is directed, or because such person has become a non-resident of the Territory, the same may be served in manner and form as is prescribed by the laws of this Territorv for service upon non-residents.
at	clei* °f the said district court shall also,
Al • A -SSUing °f said notices provided for in section 3 of this act, issue a notice of the application so made gnmg the point of commencement and place of termination of said proposed road or chute, and designating the lands through which the same will pass, in accordance with the ap-p leant s map, by sections, townships and ranges, the name of tie applicants; and the day and hour such application will come in for hearing and appointment of viewers, and notifv-i^anv and all persons having or claiming any interest in anv of the said lands through which said road or chute is proposed to be located to be and appear before the judge of the dis-tnct court of said district at such time and file their complaints for damages, or show cause why said road should not be located as asked by petitioners, which notice shall be under the seal of the district court, and shall be published for at least three consecutive weeks in a newspaper published in theLAWS OF WASHINGTON
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■county where such application is made; or, in case there be no such newspaper, then in a newspaper published in an adjoining county and of general circulation in the countv where such application is made.
Sec. 7. At any time after the publication and service of said notice, and before the day therein set for hearing of the petition and appointment of viewers, any person or persons, to whom any such notice is directed, if such person or persons own any interest in any of the lands through which said proposed road or chute would pass, if located as shown on applicant's map, or any person or persons owning any interest in any such lands, or any tenant or encumbrancer thereof, shall have the right, if such person so desire, to file with said cierk a complaint for damages in such amount as he or she may deem that such land would be injured by the building of said road or chute if the same was constructed on the line proposed by the map filed by the applicant and also any proposed change of such location, which the complainant may deem more advantageous to his or her interests, and which would not lessen the feasibility and directness of said proposed road, and the amount of damages that would be sustained by the applicant in case such proposed change of location were made, if any, and may also file an answer, setting forth any facts adverse to the proposed location of said road or chute? which complaint or answer shall be verified by the person filing the same.
Sec. 8. L pon the day set for the hearing of such application the judge of the district court shall proceed to hear the allegations and testimony of all persons interested and shall determine and find the necessity, feasibility and advisability of said proposed location which finding and decision shall be in writing, and all parties thereto feeling aggrieved bv the same may embody said grievance in the appeal provided by section fifteen (15) of this act. If said judge shall determine and find that said road or chute is necessary, feasible and advisable he shall appoint three disinterested, competent persons as viewers to view and locate said proposed right of way,and shall fix a day upon which he will receive the report of said viewers. Said viewers shall then be sworn by the clerk of said court, to discharge their duty as such viewers faithfully and impartially, and said judge shall then fix a day when said viewers shall begin the viewing and location of said road or chute, whereupon the clerk of said court shall deliver to said viewers the petition and map of the applicant and all complaints for damages and change of location of said chute or road.
Sec. 9. Upon the day so fixed by said viewers to begin118
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the viewing and location of said road or chute said viewers shall meet at the point designated on the petitioner's map as the place of commencement of said road or chute and from said point view out and locate a right of way for a logging road or chute to the point of terminus fixed on the applicant’s map. Said right of way and the width thereof shall be designated and established by said viewers.
Sec. 10. In all cases where no complaint as to place of location is made, said viewers shall follow as nearly as possible the route proposed on the applicant's map, and in all cases wThere complainant has asked said route to be changed, said viewers shall carefully examine the proposed line of change as compared with the proposed line fixed on applicant’s map and shall adjust and change such line when the same can be so changed without materially increasing the cost of construction of said road or chute or rendering the same less practicable; provided, that in no case shall such right of way be located through a door-yard, barn-yard, hop-yard, garden or building of any kind except with the consent of the owners of such yard or orchard; provided further that when such road or chute is located upon a lake or stream used or held by its owners as a place of public or private resort, the owner or owners of such road or chute after ceasing to operate or run the same as provided in this act shall remove all obstructions within and upon such lake or stream caused by the construction or operation of such road or chute. And the applicant shall give bond in such amount as the judge of the district court may deem sufficient for the faithful performance of the terms of this proviso; provided further, that the term uwaters” or navigable or drivable waters whenever used in this act shall not be held or construed to include an unmeandered lake of forty acres or less, or held and used for the purpose of public resort, or outlet thereof,or any private mill dam
Sec. 11. Said viewers, at the time of locating of said right of way, where no changes are made in proposed line of applicant's map, and damages have been claimed by the owner, tenant, encumbrancer, or other person or persons interested in the land through which the same passes, shall fix and determine the damages suffered by the complainant, by reason of the opening of said road or chute, which amount they shall fix as complainant's damages, and where a complainant has asked, and said viewers have changed, the location of said proposed road or chute, they shall also fix and determine the damages suffered by the opening of the proposed road or chute as charged by them, which amount they shall fix as complainant's damages.
Sec. 12. Said viewers, when they have completed the
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119
location of said road or chute to its proposed terminus, shall, at such terminal point, select such space or frontage on said water or road, and such space of width along such frontage as they shall deem necessary under all circumstances presented, (for) a roadway and landing of logs and lumber hauled or transported over said proposed road or chute, and shall assess the owner, lessee, tenant, encumbrancer, or other interested persons damaged in the same manner as provided for the fixing of damages caused by locating of said right of way for a logging road or chute; provided, that the provisions of this act do not apply to cities or incorporated towns; and shall thereafter, and on or before the day so set by the court for the filing of their report, return to the clerk of said court the petition, map, and complaints so furnished them by the clerk, and riled (file) therewith their report showing the location of said right of way, as fixed by them, and the amount of damages, if any, allowed by them to each of the complainants, and their opinion as to the necessity of the location of said road or chute to enable the applicant to remove the timber described in his petition.
Sec. 13. Upon receipt of said report of said viewers, if the judge of the said district court is satisfied that the proposed road or chute is necessary, feasible and advisable for the removal to market of the timber described in the applicant's petition, the judge shall order any damages assessed by viewers’ report to be paid by the applicant, and in case the complainants, or either of them, refuse to receive the amount assessed to them, that the sum be deposited with the elerk of said court, subject to the order of the complainant, and shall order the report of said viewers filed, and issue an order allowing and authorizing a logging road or chute to be opened, built and used on said right of way by the apnlicant.
Sec. 14. After the making of said order by the said judge of said court, and the payment of the damages assessed by said viewers, the said applicant shall have the right to at once, at his own cost, construct a logging road or chute over the right of way so fixed by said viewers, and whenever any road crosses any cleared ground or prairie which is inclosed by fence, the person or persons operating said road shall at all times maintain good and lawful gates whenever said road intersects such fences, which gates shall at all times be keot closed, except when the same are opened to allow the passage of logs, spars, piles or lumber, or supplies along said road, or, in lieu thereof, said person or persons shall maintain a good and lawful fence on either side of said road where the same passes through such field or prairie.
Sec. 15. Any complainant, who may conceive himself120
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aggiie^ed by the amount of damages assessed to him under the provisions of this act, may, within twenty days after the report of the viewers have been adopted by the judges of said court and tender of the damages to him assessed thereby has been made, appeal therefrom, and notice of such appeal shall be filed with the clerk of said court and immediately said case upon appeal shall be docketed and be ready for trial as if the same had come up on appeal from a justice of the peace to such district court in the same manner as appeals from justices of the peace, and if the appellant shall fail to recover a judgment more favorable to him than the report appealed from, he shall pay all costs of such appeal.
, Sec. 16. Any applicant who shall consider himself aggrieved by the amount of damages fixed by any viewers’ report, to be paid to any person through whose land a right of way may be fixed under this act, or when damages have been allowed to any person who does not own anv interest in che lands on which damages have been so fixed, may appeal therefrom within twenty days after the filing of the report to a jury of the district court of the proper county, but before such appeal is perfected, where applicant is appealing from the amount of damages assessed, he shall first tender to the party to whom such damages have been allowed the amount he deems just and full compensation, and in case on such appeal, judgment is found for any sum greater than the amount so tendered said appellant shall pay all costs of such appeal, buch appeal shall be taken in the same manner as provided in section fifteen (15) of this act. and the notice thereof shall specify what part of the viewers’ report is appealed from.
Sec. 17. If at any time a road or chute, located under the pro\ isions of this act shall not be used for logging purposes by the applicant or his assigns for a period of six months, the same shall be deemed abandoned, and shall revert to the person over w’hose lands the same has been constructed, and shall be deemed, and said lease be deemed forfeited as hereinafter provided, and shall not be again opened or used except by consent of the owners of the land over which the same has been built, or by reopening the same under the provisions of this act.
Sec. 18. If at any time any viewers file a report of a ’location of a road or chute under the provisions of this act, which an applicant therefor, or complainant, does not consider practicable or feasible, or not as practicable or feasible as could have been located on the route proposed bv him without causing greater damage than the amount reported, such applicant or complainant may have such road re-viewed by other viewers, to be appointed by said court upon filing hisLAWS OF WASHINGTON
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objections to said report, specifying wherein the same is erroneous or defective.
Sec. 19. If any viewer or viewers shall refuse or neglect to perform the duties required of them by this act after they have qualified, or shall wilfully and knowingly alter or change a proposed line of road petitioned for under the provisions of this act, so that the same shall be impracticable, or so that the same cannot be constructed except at an unnecessary additional cost over the cost of construction of the road proposed. said viewer or viewers shall be answerable in damages to any one injured by their refusal or neglect.
Sec. 20. Any person who shall wilfully obstruct or damage any road or chute built under the provisions of this act, or who shall wilfully interfere with the building thereof, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished for contempt of court in such sum as the judge may deem correct and proper, and be liable for all damages caused.
Sec. 21. All costs of viewing and locating a logging road or chute under the provisions of this act, shall be borne by the applicant therefor, and the fees and charges of the clerk of the district court shall be the same as are allowed by law to the clerk of the district court for similar services, and the fees of the viewers shall be the same as are allowed to viewers of proposed county roads under the provisions of chapter CCXXIX of the code of Washington Territory.
Sec. 22. All roads or chutes located and opened under the provisions of this act shall be deemed public highways, and under the control and charge of the board of county commissioners of the county wherein the same are situate, in so far as said board shall have the right to vacate any such road or chute when it appears to their satisfaction, either that the same is being used for any other purpose than logging or lumbering, or that the applicant or his assigns are not maintaining such road or chute in manner as by this act required; but the applicant or his assigns shall at all times have the right to appeal to the district court of the proper county from any order of a board of county commisisoners vacating any such road or chute at any time within twenty days after the making of such an order.
Sec. 23. And all roads constructed under the provisions of this act shall be kept up and maintained at the sole cost of the applicant or his assigns, and no county shall be liable in damages for any cause whatsoever arising upon said road; and the owner or person operating any such road shall, when so requested, and upon delivery to him at rollway, at any point on such road, transport from any such point to the ter-122	LAWS OF WASHINGTON
minus of said road, any logs, spars or piles delivered oy any person to such owner or person for transportation, and shall be liable and subject to the same regulations as a common carrier as to such property. But before any such transportation is made by any such person or owner of such road, such person or owner shall have the right to charge and collect from the person so offerng such logs, spars or piles for transportation a sum for freightage to be agreed upon by them, which sum shall not exceed one dollar per thousand feet,, board measure, for the first twenty miles of such transportation. and five cents per thousand feet, board measure, for each and every additional mile over said twenty miles for transportation on said road. Nothing in this act shall be construed so as to exempt any road or property named therein from the operation of any law of this Territory relating to taxation.
Sec. 24. The land so appropriated as prescribed in this act shall not be by deed of conveyance vesting title, but the same shall be leased for such term of years or other term, and upon such conditions as the viewers and the person leasing the same agree upon, and when the person leasing shall refuse to agree upon any terms, the viewers shall make the said term and condition, subject, however, to the provisions of this act relating to appeals from their decision.
Sec. 25. This act to take effect and be in force from and after the date of its passage and approval by the Governor.
Approved February 2, 1888.
AN ACT
TO FIX THE TIME FOR THE MEETING OF THE LEGISLATIVE ASSEMBLY OF WASHINGTON TERRITORY.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That the next session of the legislative assembly of Washington Territory shall begin on the second Monday of January, 1889, at 12 o'clock noon, and the legislative assembly shall meet at noon on the 2d Mon da v of January and biennially thereafter.
Sec. 2. All acts and parts of acts in conflict with thi^ act are hereby repealed.LAW’S OF WASHINGTON
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Sec. 3. This act shall take effect and be in force from and after its passage and approval.
Approved February 2, 1888.
AN ACT
TO APPROPRIATE MONEY FOR THE RELIEF OF CERTAIN EMPLOYES OF THE PRESENT LEGISLATIVE ASSEMBLY; FOR THE PAYMENT OF INCIDENTAL EXPENSES FOR THE EXECUTIVE OFFICE, FOR THE TERRITORIAL AUDITOR’S OFFICE, AND FOR INCIDENTAL EXPENSES OF THE LEGISLATIVE ASSEMBLY, AND FOR OTHER PURPOSES.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That there be and hereby are appropriated, out of the moneys in the Territorial treasury, not otherwise appropriated the following sums for the purposes hereinafter specified, and to the persons hereinafter named, to-wit:
Legislative Assembly.
For payment of the expenses of the joint committee on •commerce and fisheries, as follows:
To W. T. Forrest, C. R. McMillan, Geo. H. Stevenson, J. N.
Baker, and R. T. Hawley, each thirty dollars.
For payment of the special committee on coal mines as follows:
To John Keane and R. A. Case, each forty-eight dollars; to William Payne, J. Hamilton Lewis, J. M. Steele, each thirty-three dollars and eighty cents; to J. D. Hanne-gan, clerk of said committee, twenty-two dollars and fifty cents.
For expenses of special joint committee on the Washington School for Defective Youth:
To J. N. Barker, R. T. Hawley, Geo. H. Stevenson, C. R. McMillan and W. T. Forrest, each thirty dollars; to M. J. McElroy, R. W. Helm, J. P. Stewart, Edward Irwin, each five dollars, for visiting the Hospital for the Insane.
For expenses incurred by standing committee visiting the Territorial University at Seattle, as follows:
To W. T. Forrest and R. W. Helm, each ten dollars.
To Isaac Harris, for carpet, three dollars and seventy cents.
To M. O'Connor, for type-writer paper, ten dollars.124
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To Talcott Bros., for two clocks and repairing clock, twenty dollars.
To N. H. Owings, for amount paid by him for indexing session law’s of 1885-6, fifty dollars.
To S. M. Percival, for extra services during present session, sixty dollars.
To Elias Dwyer, for extra services, sixty dollars, rendered during present legislative session.
To Rufus Cook, for extra services, sixty dollars.
To L. L. Bow’ers, for extra services, sixty dollars.
Executive Office.
To the Governor, for the purchase of furniture for the executive office, two hundred and eighty-eight dollars
Auditor’s Office.
To the Teiiitorial auditor, for the purchase of furniture for his office, two hundred and fifty dollars, as follows-
Office chairs, twenty-five dollars.
Automatic letter press and fixtures, twenty-five dollars.
Letter and voucher filing cabinet, one hundred and twenty-five dollars.
Book cases, forty dollars.
High stand counting-room desk, twenty-five dollars.
Ink stand and desk fixtures, ten dollars.
To Benjamin Hamed, for one pigeon hole and filing case for preservation of Territorial records and manuscript laws in office of the secretary of the Territory, fifty-two dollars.
Legislative Expenses.
To Foster and Laberee, for hauling water and articles for use of assembly, twenty-six dollars.
To N. H. Owings, for indexing session laws of 187-8 one hundred dollars, or so much thereof as may be necessary.
For incidental expenses of the legislature, the sum of two hundred and ninety-seven dollars and sixty-three cents the warrant for w’hich is to be issued to the sergeant-at-arms of the house of representatives upon the pre-sentation of itemized accounts.
For the improvement of the capitol buildings and grounds, nre hundred dollars, to be expended under direction ofLAWS OF WASHINGTON
125
the secretary of the Territory, to whom the warrant shall issue.
To Albert L. Phillips, secretary of Columbia Fire Company No. 1, the sum of ninety dollars, for rent of room for storing arms and equipments belonging to the Territory, from February, 1886, to August, 1887, eighteen months, at five dollars per month.
Sec. 2. The Territorial auditor is hereby directed to draw warrants on the Territorial treasurer, as follows:
To the members of said legislative committee upon request: to the said employes of this legislative assembly upon the certificate of the chief clerk of the body to which said employe may belong, which certificate shall certify the number of days such employe shall have been in attendance thereon, and of the pay to which he or she is entitled thereunder; to the other persons herein named upon the presentation of their itemized accounts.
Sec. 3. This act to take effect and be in force from and after its passage.
Approved February 2, 1888.
AN ACT
FOR THE RELIEF OF CERTAIN EMPLOYES OF THE PRESENT LEGISLATIVE ASSEMBLY.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That the following named persons, who have been employed by the present legislative assembly, are entitled to pay as follows, that is to say: A. B. Cowles, six dolars per day; Wm. H. Hughes, six dollars per day; Eva B. Clark, five dollars per day; L. F. Boyd, five dollars per day; J. D. Hannegan, five dollars per day; Bertha D. Piper, five dollars per day; Jacob Julian, five dollars per day; J. A. Taylor, five dollars per day; Anna Tarbell, five dollars per day; Frank Seidel, five dollars per day; Nina Troup, five dollars per day; Maud Wilson, five dollars per day; Lulu M. Carson, five dollars per day; Walter J. Milroy, five dollars per day; Willie Hagemeyer, five dollars per day.
Sec. 2. That upon the termination of the said employment of any of said persons, the chief clerk of the body to which said employe belongs shall make out and sign a certificate of the number of days such person shall have been in attendance thereon, and of the pay to which he or she is entitled thereunder, which certificate shall be counter-126
LAWS OF WASHINGTON
signed by the president or speaker respectively of the body in which such prson is employed.
Sec. 3. That upon the presentation of such certificate the Territorial auditor be and is hereby authorised to draw a warrant on the Territorial treasurer in favor of any person holding a certificate of service as above provided, which said warrant shall be paid out of any money in the Territorial treasury not otherwise appropriated; provided, that upon the expiration of thirty days of said service, as above provided, the Territorial auditor may issue his warrants on the Territorial treasurer for the amount due each of the persons mentioned in section 1 of this act, up to January 3, 1888, the balance due said persons to be paid upon warrants drawn at the expiration of said service, as provided in section 2 of this act.
Sec. 4. This act shall take effect and be in force from and after its passage.
Approved January 28, 1888.
AN ACT
FOR THE RELIEF OF CERTAIN ADDITIONAL EMPLOYES OF THE PRESENT LEGISLATIVE ASSEMBLY.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That the following additional clerks appointed to perform clerical work during the present legislative assembly are entitled to, and shall receive the following sum of money respectively, to wit: A. J. Munson, twenty-five dollars; Millie R. Deane, twenty dollars; Lucy E.
Munson, thirty-five dollars; Margie Grainger, thirty dollars; Emma S. Reed, ten dollars; Annie B. Cowles, forty dollars and Rebecca B. Henry, forty dollars.
Sec. 2. The Territorial auditor is hereby directed to draw warrants on the Territorial treasurer for the amounts above named, and in favor of the above named persons, upon presentation of certificates signed by. the chief clerk of the body to which said employes belong, which certificates shall be countersigned by the president or speaker respectively of the body in which such person is employed.
Sec. 2. This act to take effect and be in force from and after its passage.
Approved February 2, 1888.LAWS OF WASHINGTON
127
AN ACT
TO APPROPRIATE THE SUM OF $180 FOR THE PURCHASE OF POSTAGE STAMPS FOR THE USE OF MEMBERS.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That the Territorial auditor be, and he is hereby authorized to draw a warrant upon the Territorial treasurer in favor of the sergeant-at-arms of the council, for the sum of $60. and another warrant in favor of the sergeant-at-arms of the house for the sum of $120, for the purpose of purchasing postage stamps, to be divided equally among the members of the legislative assembly.
Sec. 2. This act shall take effect and be in force from? and after its approval.
Approved January 18, 1888.
AN ACT
FOR THE MORE EFFICIENT ORGANIZATION AND DISCIPLINE OF' THE MILITIA OF THE TERRITORY OF WASHINGTON.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. The militia of this Territory shall consist of all able-bodied male citizens between the age of forty-five and eighteen years, except such persons as now are, or hereafter may be, exempted by the laws of the United States, or of this Territory.
Sec. 2. Persons whose religious tenets or conscientious scruples forbid them to bear arms, shall not be compelled to do so in time of war, but shall pay an equivalent for personal service.
Sec. 3. The brigadier-general, colonels or comandants of regiments and battalions, shall severally appoint their staff officers, and the Governor shall commisison all officers of the line and staff ranking as such.
Sec. 4. The military board provided by this act shall fix by law’ the method of dividing the militia into regiments, battalions and companies, and make all other needful rules and regulations in such manner as they may deem expedient, not incompatible with the constitution of the Unifed States or the organic act of Washington Territory, and shall fix the rank of the staff officers.
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Article I.
Section 1. That it shall be the duty of the assesor of each county in this Territory, annually, at the time prescribed by law for assessing property, to make out a list of all persons in their respective counties who are liable to do military duty under the laws of the United States and of this Territory, which list shall be alphabetically arranged, and shall designate the precinct in which each person named in such list resides, which shall be tiled by such assessor in the office of the auditor of their respective counties, at the same time and in the same manner as is provided by law for the assessment roll, and the auditor shall keep the same open for inspection as is provided by law for the assessment roll, and also record the same in his office, in a book to be kept by him for that purpose.
Sec. 2. That the said assessment list shall be corrected in the same manner and at the same time as is provided by law for the assesment roll, and it shall be the duty of the auditor of each county to deliver to the adjutant general of the Territory a duplicate of said list, certified by him, within twenty days after the list has been corrected, and the compensation for making out said military list shall be determined and fixed by the county commisisoners.
Sec. 3. If any assessor shall neglect or refuse to perform any of the duties required of him by this act, he shall be subject to the same penalties, liabilities and punishment, as is provided by law for neglect or refusal to perform any of the duties required of him for the assessment of taxes; and.moreover, he shall frofeit and pay the sum of not less than three hundred and not more than one thousand dollars, to be sued for in the name of the Territory by the district attorney of the respective county, and recovered in the name of the Territory and paid into the military fun% of the Territory, and if the auditor shall neglect or refuse to make and deliver to the adjutant general a duplicate of the military assessment list, as directed by this act, he shall forfeit and pay the sum of not less than two hundred and not more than five hundred dollars, to be sued for and recovered in the same manner as is provided in this section with respect to the asessor, and paid into the military fund of the Territory.
Article II.
Sec. 4. All persons subject to military duty under the
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laws of this Territory, and not exempt therefrom by the provisions of this act, and such other male persons who shall voluntarily enroll themselves, shall be divided into two classes, to-wit: One consisting of those who enlist in the active militia of the Territory under the provisions of this act, which shall be known as the national guard of Washington, and the other to consist of all those subject to military duty, but not included in the above active or enlisted militia; the latter class to be known as the Washington reserve militia.
Sec. 5. The following persons are exempt from military duty: First—All persons in the army or navy or volunteer force of the United States, and those who have been honorably discharged therefrom; all persons who shall have served in the national guard of Washington for the term of seven years, and have been honorably discharged therefrom; all the judges and clerks of the several courts of this Territory, and the Territorial and county officers. Second—Idiots, lunatics, paupers, habitual drunkards, and persons convicted of infamous crimes; provided, that the aforesaid exempted persons included in the first subdivision of this section shall be liable to military duty in case of war, insurrection, on imminent danger thereof.
Article III.
Sec. 6. The Governor of the Territory shall be commander-in-chief of the militia, and shall have power to appoint one quartermaster-general, one inspector-general, one judge-advocate-general, one paymaster-general, and one surgeon-general, each with the rank of colonel, and four aides-de-camp with the rank of lieutenant-colonel, and one assistant adjutant-general with the rank of major. The surgeon-general shall be ex-officjo chairman of any board of surgeons convened for the purpose of examining those who may desire positions on the medical staff of the Territory.
Sec. 7. At each general election there shall be elected by the people one brigadier-general, and one adjutant-general with the rank of brigadier-general, who shall hold their respective offices for the term of two years, from the first Monday in January following their election and until their successors are elected and qualified. The brigadier-general shall appoint one assistant adjutant-general, one brigadequartermaster, each with the rank of captain, and three aides-de-camp with the rank of first lieutenant, all to be commisisoned by the Governor. The brigade-quartermaster shall also be commissary of subsistence. The adjutant-130
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general shall appoint one assistant adjutant-general with the rank of colonel, and two aides-de-camp with the rank of captain.
Sec. 8. The Territory shall constitute one brigade, and shall be diy ided by the military board into two regimental districts, with power to alter and change the same at pleas* ure.
Sec. 9. All enlistments in the national guard of Wash ington shall be for the term of three years, and the military boaid shall adopt such muster-in form, oath or affirmation, and triplicate muster-in papers, for the provisions of carrying out this act; one copy to be forwarded to the adjutantgeneral s office, one to the regimental headquarters, and a copy to be retained by the commanding officer of such company of which he shall be a member; the signing of said papers, and taking the oath as above required upon enlistment, shall constitute a valid enlistment for three years in the national guard of Washington.
Sec. 10. Commissions of officers on the personal staff of the commander-in-chief, and staff of general officers, shall continue in force only during the term of the office of said commander-in-chief, or general officer, or during their pleasure.
Sec. 11. In time of peace the national guard of Washington shall consist of not more than twelve companies of infantry and one company of cavalry. The said companies may be arranged into regiments or battalions. Infantry and cavalry companies, under the provisions hereof, shall consist of. not less than twenty-four nor more than sixty non-commisisoned. officers, musicians and privates. Anv company presenting less than the minimum number of twenty-four non-commisisoned officers and privates at any stated muster of the company, regiment or brigade, shall be disbanded by order of the commander-in-chief. The commissioned officers of said regiment and company shall be the same as those of similar organizations in the armv of the United States.
, Sec. 12. That the organized companies now comprising the active militia of this Territory shall hold their positions in their respective regiments or battalions, and are hereby declared a part of the national guard of Washington, and all companies organized under the provisions of this act shall take their place in rank according to date of commission of commanding officer; provided, the number of active infantry companies do not exceed twelve in number; and further provided, that in case any of the existing companies decline to avail themselves of the provisions ofLAWS OF WASHINGTON
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this act within sixty days from and after its passage, they shall be disbanded, and the arms and equipments held by such companies shall be returned to the Territory forthwith.
Sec. 13. There shall be a military board, consisting of the brigadier general (who shall be chairman of said board), the adjutant general, and one field officer to be appointed bv the commander-in-chief. The military board shall constitute an advisory body to the commander-in-chief in all the military interests of the Territory. They shall audit all claims against the Territory, and no contract on behalf of this Territory for military purposes shall be valid as against the Territory until the same shall be approved by this board. They are hereby authorized and empowered to prepare and promulgate the necessary provisions, rules and regulations for the organization, government and compensation of the national guard of Washington not inconsistent with the laws of the United States or of the Territory of Washington, and said provisions, rules and regulations, together with such alterations or amendments as may be required from time to time, when approved by the commander-in-chief, shall be in force from the date of their publication in general orders; they shall have power to make any changes in the military organization of this Territory that may become necessary to conform said organization to the laws of the United States; provided, that the expenses thereof to the Territory shall not be increased by such change. A majority of said board shall constitute a quorum for the transaction of business.
Article V.
Sec. IL Every commissioned officer of the national guard of Washington shall provide himself with a suitable uniform within sixty days from date of his commission; but every non-commissioned officer, musician and private shall be furnished with a uniform, arms and equipment at the expense of the Territory, as hereinafter provided.
Sec. 15. The Territorial military board shall cause to be procured the uniforms, arms, equipments, and camp and garrison equipage which may be required from time to time for the purposes provided in this act, and they shall prescribe the rules and regulations under which they shall be issued to and used by the national guard of Washington; provided, that the pricey paid for arms, uniforms and camp and garrison equipage shall in no case exceed the prices paid for the said articles of like quality for the army of the United132
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States. The said uniforms shall be prescribed by the mill' tary board.
Sec. 16. . Whoever shall secrete, sell, dispose of, offer for sale, or in any manner pawn or pledge or retain or refuse to deliver to an officer entitled to take possession thereof any uniform, arms or equipments, or other property which shall have been procured under the provisions of this act, and any member of the national guard of Washington who shall, when not on duty, wear any such uniform or equipments without the permission of his commanding officer, shall be deemed guilty of a misdemeanor, and shall be punished by imprisonment in the county jail for not less than ten nor more than thirty days, or by a fine of not less than ten dollars nor more than one hundred dollars.
Article VI.
Sec. 17. When any company shall be fully organized under the provisions of this act, having not less than the minimum number of uniformed members, the Territory will pay annually the sum of three hundred dollars, or so much thereof as may be necessary for the use of such building or rooms to be used by the said company for headquarters, armory and drill room, and other necessary expenses of running such company. The military board shall prescribe the necessary rules and regulations for the care and government of the said armory.
Sec. 18. Each and every company organized under the provisions of this act, shall meet at least twice in each month at their armory for military instructions, at which time the commanding officer of the company, or some suitable person detailed by him, shall drill the company not less than two hours, in the school of the soldier, the manual or arms, and the movements of the company.
, Sec. 19. There shall be an annual muster and camp of instruction of the national guard of Washington at such time and place, or places, as the commander-in-chief may designate, at which time the companies shall be drilled, inspected and reviewed by battalions, regiments or brigades. Such camp of instruction shall continue for a period of not less than three nor more than six days, and shall be governed by such rules and regulations as shall be prescribed by the military board, and there shall be two annual parades; one on Memorial Day and on the Fourth of July.LAWS OF WASHINGTON	133
Article VII.
Sec. 20. The military forces of this Territory, when in actual service of the Territory in time of war, insurrection, invasion, or imminent danger thereof, shall, during their time of service, be entitled to the same pay, rations and allowances for clothing as are at the time of the said service allowed by law in the army of th,e United States.
Sec. 21. No officer, non-commissioned officer, musician or private shall receive any compensations from the Territory during time of peace, except as in this act provided; when in attendance at annual muster or camp of instruction, the national guard of Washington shall receive the following compensation per diem: Non-commissioned officers, musicians and privates, one dollar and fifty cents; in addition thereto each officer and enlisted man of the national guard of Washington shall be entitled to one ration per day while in attendance at said muster or camp instruction.
Sec. 22. In case of war, insurrection, invasion or imminent danger thereof, or any forcible obstruction to the execution of the laws, or reasonable apprehension thereof, the governor, if he deems the organized national guard insufficient to defend the Territory or to aid civil authorities to enforce the laws, may, in his discretion, either call for volunteer recruits to temporarily fill companies of the national guard to the maximum strength or authorize the temporary organization of volunteer companies, or he may do both ; such temporary volunteers shall be discharged when directed by the commanderin-chief, or as soon as the emergency for which they were required has passed, and while in such service they shall be subject to the same discipline and penalties and receive the same pay as the regular national guard.
. Sec. 23. If any soldier is wounded or otherwise disabled, or is killed, or dies of wounds received wTrile doing military duty according to law in case of invasion, insurrection or disturbance of the peace, he, his widow or children shall receive from the Territory such just and reasonable relief as the legislature shall deem proper.
Article VIII.
Sec. 24. The Governor may order court-martial for the trial of officers and enlisted men of the national guard on proper charges and. specifications, the proceedings of which shall be as provided by the military board, conforming to the regulations, articles of war and practice for the government of the army of the United States as near as may be; and the134
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Governor in ordering a court-martial, shall detail a judge-advocate for the same.
Sec. 25. Regimental and battalion court-martial may be convened by order of commandants of regiments or battalions approved by the Governor under such regulaions as the military board may prescribe. The proceedings, findings and sentences of all courts-martial shall, unless otherwise ordered by the Governor, be reviewed by the judge-advocate-general and approved or disapproved by him.
Sec. 26. The president of a court-martial may issue subpoenas, enforce the attendance of a witness, and punish a re-usal to be sworn, or to answer, as provided in civil actions.
Sec. 27. Commandants of companies may appoint courts of discipline, under the rules and regulations prescribed by the military board for the trial of members of their respective companies for violations of the military law, the general code of regulations or the authorized by-laws of their companies.
Sec. 28. When fines assessed by court-martial or courts of discipline are not paid within ten days after the sentence is approved by the reviewing officers, and returned to the commandant, a list thereof and of the delinquents shall be placed in the hands of justices of the peace within the precincts in which the delinquents respectively reside, who shall thereupon render judgment against such delinquents separately, together with the cost of suit, without issuing process, and shall issue execution thereon, without stay, directed to any constable of the proper precinct, who shall collect the same without exemption.
Sec. 29. Dues levied by the by-laws of any militia organization may be collected by civil suit without right of stay or exemption; and all suits for the collection of fines or dues shall be brought in the name of the Territory of Washington for the use of the company, but in no case shall the Territory pay any costs of such suit.
Sec. 30. In all criminal prosecutions for violations of the provisions of this act, fines and penalties collected by justices of the peace as hereinbefore provided, shall be paid into- the treasury of the proper county, and applied to the support of the common schools.
Article IX.
Sec. 31. The commander-in-chief shall have power in case of invasion, insurrection or breaches of the peace, or imminent danger thereof, to order into the service of the Territory any of the companies, battalions, regiments, or the brigade ofLAWS OF WASHINGTON	135
the national guard or of the militia force of the Territory that he may deem proper, and under the command of such officers as he shall designate; and in such case the forces so called into service shall receive the same pay and rations as troops in the service of the United States.
Sec. 32. Any non-commissioned officer, musician or private, who shall neglect or refuse to obey the orders of his commanding officer, in case of invasion insurrection, riot, tumult, breach of the peace or resistance to process, hereinbefore provided for, shall be liable to a fine of not less than twenty nor more than one hundred dollars and imprisonment in the county jail for a period not exceeding three months.
Article X.
Sec. 33. The uniforms, arms and equipments required by law or regulations of every soldier of the national guard, shall be exempt from all suits, distresses, executions or sales for debt, or the payment of taxes.
Sec. 34. That all military commissions of both the militia and volunteer service, the issue of which is authorized by the laws of this Territory, shall be signed by the Governor, sealed with the great seal of the Territory, and attested and recorded by the adjutant-general.
Sec. 35. For the purpose of raising revenue to defray the current expenses of the militia, there is hereby levied, and the proper officers shall collect, a tax of one-fifth of one’mill upon all property in the Territory subject to taxation, for the fiscal year ending September thirtieth, eighteen hundred and eighty eight, and for each fiscal year thereafter.
Sec. 36. The revenue raised under the provisions of this act shall be paid into the Territorial treasury, and be converted into a special military fund, from which special fund only shall be paid any of the expenses authorized by this act, and this act shall not be construed to authorize any expenditure in excess of such revenue for any one year.
Sec. 37. The auditor of the Territory is hereby authorized and required to draw warrants on the Territorial treasurer for the purposes and amounts specified in this act, on the presentation to him of itemized bills and estimates, verified by affidavit of the claimants, audited by the military board and approved by the Governor.
Article XI.
Sec. 38. The military officers of this Territory not hereinbefore provided for shall be chosen as follows: The field136
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officers of regiments and battalions, by the written or printed votes of the commissioned line officers of the companies of the respective regiments or battalions; field officers of regiments or battalions shall hold office for four years, and until their sucessors are chosen and qualified; commissioned officers of companies shall be elected by the written or printed votes of the non-commissioned officers and privates of their respective companies.
Sec. 39. The commissioned officers of companies shall hold office for three years, and until their successors are elected and qualified.
Sec. 40. The commissions of ail field officers now in force shall expire on the first day of June, eighteen hundred and eighty eight, when an election will be held in compliance with the provisions of this act, and the commissions of all company officers now in force shall expire on the first day of May, eighteen hundred and eighty-eight, when an election will be held in compliance with the provisions of this act.
Sec. 41. All appointments, elections and promotions to office hereafter in the militia of the Territory of Washington, shall be on their proper qualifications to till the office for which they are elected, and the military board shall cause the proper rules, and provide for an examination, as often as they may deem it for the best interest of the national guard, of all officers comprising the militia; and all applicants for promotion or election shall be examined in the tactics in use in the United States army, and in the various branches of military science, and the military board shall have, and are hereby empowered, to summons any officer or officers before any board of examiners that they shall provide. Any officer failing to appear before such board after proper notification, shall be guilty of disobedience of orders.
Sec. 42. The military board shall cause and require proper bonds to be given, with good and satisfactory sureties, from all officers who have any military Territorial property in their charge or possession, said bond to be filed with the adjutantgeneral before any commissions shall be issued or property turned over to applicants.
Sec. 43. In time of peace the adjutant-general shall be ex-officio quartermaster-general, and shall perform the duties of the office; he shall give such bonds to the Territory for the proper discharge of the duties of his several offices as the military board may determine, said bond to be placed in the custody of the Territorial treasurer, as security to the Territory.
Sec. 44. The military board is hereby authorized to provide each organized regiment or battalion now formed, or that may be formed, under the provisions of this act, and thatLAWS OF WASHINGTON
137
the brigadier-general commanding the brigade shall certify that it is in such a state of discipline and efficiency as to be deserving of the honor, with a regimental flag and regimental guidon.
Sec. 45. Such regimental or Territorial flag shall be of blue silk, v ith the arms of the Territory embroidered or painted in the center, with the number, motto and arms of service of the regiment in a scroll underneath. The size of the flag shall be six feet six inches fly, and six feet on the pike. The fringe shall be yellow,......inches deep .and the cord and tassel blue and white intermixed. The length of the pike shall be ten feet, including the spear.
Sec. 46. The national flag and regimental guidons carried by each regiment shall be the same as prescribed for regiments of the same arm in the United States army.
Sec. 47. No flag but that of the United States and that of the Territory of Washington shall be carried by the national guard of Washington Territory.
Sec. 48. The systems of tactics and field exercises ordered to be observed by the army of the United States, and the different arms of service, or such other system as may be prescribed by the military laws of the United States, shall be observed by the militia of this Territory, to the exclusion of all other systems.
Sec. 49. For the improvement of the national guard, and the use of its weapons in target practice, the military board shall provide the rules to govern all ranges and the system of carrying out the rifle practice.
Sec. 50. All active members of the national guard of Washington are hereby declared exempt from all military, poll or road tax, and jury duty, so long as they continue to be active members of the military organization of this Territory.
Sec. 51. This act shall be printed in pamphlet form, and the adjutant-general shall distribute to the commissioned officers of the national guard of the Territory one copy thereof to each, at as early a day as possible after the approval by the Governor.
Sec. 52. All preceding acts or parts of acts in conflict with any of the provisions of this act, or upon any subject embraced within it, are hereby repealed, and this act shall take effect immediately after its approval by the Governor.
Approved January 28, 1888.	'138
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AN ACT
TO (FOR) CARKflNG INTO EFFECT THE PROVISIONS OF AN ACT ENTITLED, “AN ACT FOR THE MORE EFFICIENT ORGANIZATION AND DISCIPLINE OF THE MILITIA OF THE TERRITORY OF WASHINGTON,” APPROVED JANUARY 28, 1888.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That until the collection of the tax provided for in section number 35, of an act entitled, “An act for the more efficient organization and discipline of the militia of the Territory of Washington,” approved January 28, 1888. the expenses incident to the service of the national guard of Washington for the year 1888 shall be paid out of the general fund of the Territory, upon vouchers duly approved by the military board and the Governor.
Sec. 2. Upon the payment into the Territorial treasury of the tax provided for in section number 35 of the act aforesaid, the Territorial treasurer shall transfer from the said military fund to the general fund the amount by him ascertained to have been paid out of said general fund on account of the national guard of Washington.
Sec. 3. This act shall take effect and be in force from and after its approval by the Governor.
Approved February 2, 1888.
AN ACT
TO REPEAL AN ACT ENTITLED, “AN ACT TO AMEND SECTION 2552, CHAPTER CXCVHI, OF THE CODE OF WASHINGTON TERRITORY RELATING TO MARKS AND BRANDS,” APPROVED FEBRUARY 4, 1886.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That an act entitled. “An act to amend section 2552, chapter CXCVHI, of the code of Washington Territory, relating to marks and brands,” approved February 4, 1886, be and the same is hereby repealed.
Sec. 2. This act shall take effect and be in force from and after its passage and approval.
Approved February 2, 1888.LAWS OF WASHINGTON	139
AN ACT
TO AMEND SECTION 2286 OF CHAPTER CLXIX OF THE CODE OF WASHINGTON TERRITORY, RELATING TO THE PRACTICE OF MEDICINE AND SURGERY. ’
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That section 2286 of chapter CLXIX of the code of Washington, relating to the regulation of the practice of medicine and surgery, be so amended as to read as follows:
Section 2286. Any person whose medical diploma has been destroyed or lost, shall present to the auditor of the county in which he resides or sojurns, a duly certified copy of his diploma, but in case the college or university from which such practitioner claims to have been graduated be defunct, a certified copy, verified under oath, of such graduation shall be filed in lieu of the diploma, to which the practitioner shall make affidavit before the auditor, after which the practitioner shall be allowed to register in manner and form as prescribed in section 2287 of the code of Washington Territory, and the auditor shall place such certificate and verification on file in his office for inspection by the public; and any person swearing falsely shall be deemed guilty of perjury and punished accordingly.
Sec. 2. All acts and parts of acts in conflict herewith are hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its passage.
Approved February 2, 1888.
AN ACT
RELATING TO THE LOCATION AND RECORDING OF QUARTZ MINING CLAIMS AND PROVIDING FOR ASSESSMENT WORK DONE THEREON.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That all mining claims upon veins or lodes of quartz or other rock in place, bearing gold, silver or other valuable mineral deposits heretofore located, shall be governed as to length along the vein or lode by the customs, regulations and laws in force at the date of such location.
Sec. 2. A mining claim located upon any vein or lode of quartz or other rock in place, bearing gold, silver or other valuable mineral deposits, after the approval of this act by the140
LAWS OF WASHINGTON
Governor, whether located by one or more persons, may equal, but not exceed, one thousand five hundred feet in length along the vein or lode; but no location of a mining claim shall be made until the discovery of the vein or lode within the limits of the claims located. No claims shall extend more than three hundred feet on each side of the middle of the vein at the surface, nor shall any claims be limited by any mining regulations to less than fifty feet of surface on each side of the middle of such vein or lode at the surface, excepting where adverse rights, existing at the date of the approval of this act, shall make such limitation necessary. The end lines of each claim shall be parallel to each other.
Sec. 3. The locators of all mining locations heretofore made or hereafter made under the provisions of this act, on any mineral vein, lode or ledge on the public domain, and their heirs and assigns so long as they comply with the laws of the United States and the Territorial and local laws relating thereto, shall have the exclusive right to the possession and enjoyment of all surface included within the lines of their location, and of all veins, lodes and ledges throughout their entire depth, and the top or apex of which lies within the surface lines of such location, extending downward vertically, although such veins, lodes or ledges may so far depart from the perpendicular in their course downward as to extend outside of the vertical side line of said surface location.
Sec. 4. The miners of each mining district may make any rules and regulations governing this (the) location and amount of work necessary to hold possession of a mining claim, not in conflict with the laws of the United States or of this Territory; but on each claim it shall be necessary io do at least one hundred dollars worth of work each year, and the first year shall date from the date of location of such claim. A failure to comply with this requirement, shall work a forfeiture of the claimant’s rights to such claim, and the same shall become subject to relation (relocation.)
Sec. 5. The miners of each mining district may elect a recorder of the said district. When so elected, such recorder shall provide books of record, in which it shall be his duty to record all notices of locations or transfers, bonds, conveyances or assignments of mining claims within his district when the same shall be presented to him for record. Such records are hereby declared to be public records open to inspection, and shall have the same force and effect so far as notice is concerned, as the records of deeds and mortgages, in this Territory.
Sec. 6. When a recorder shall be elected as provided inLAWS OF WASHINGTON	141
•section 5 of this act, he shall hold his office for a term of one year from the date of his election, and until his successor is elected and qualified. He shall, immediately after his election, file with the county auditor, of the county in which his district is situated, an oath to the effect that he will faithfully discharge the duties of his office. He shall be a certifying officer, and certified copies of his records shall have the same force and effect as similar papers certified by other officers of this Territory. His fees shall be the same as those of the county auditor for similar work, and should the office of recorder in any mining district at any time become vacant, it shall be the duty of the person last holding said office, and of any person into whose possession the same may come, to forthwith transmit all the records, papers and files of the said office to the auditor of the county in which such district is located, and such auditor shall thereafter keep the same as part of the records and files of hi§ office.
Sec. 7. Inasmuch as section five and six of this act leaves the election of a recorder for a mining district optional with the miners thereof, all location notices, bonds, assignments and transfers of mining claims shall be recorded in the office of the county auditor of the county where the same is situated within thirty days after the execution thereof; provided, that all records of mining claims and of assignments, deeds, bonds and transfers heretofore made by any recorder of any mining district, or by any county auditor, are hereby declared to be valid and to have the same force and effect as records made in pursuance of the provisions of this act.
Sec. 8. All acts and parts of acts in conflict with this act be, and the same are hereby repealed.
Sec. 9. This act shall take effect and be in force from and after its approval by the Governor.
Approved February 2, 1888.	,
AN ACT
TO AMEND SECTION 344 OF CHAPTER 32 OF THE CODE OF WASHINGTON TERRITORY, RELATING TO THE GIVING OF MORTGAGES ON REAL ESTATE OWNED AND OCCUPIED AS A HOMESTEAD.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That section 344 of chapter 32 of the code142
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of W ashington be and the same is hereby amended to read as follows:
Section 344. Nothing herein contained shall be construed to prevent the owner of a homestead from voluntarily mortgaging the same. "But no such mortgage shall be valid against the wife of a mortgagor, unless she shall sign and acknowledge the same.’’
Sec. 2. This act shall take effect and be in force from and after the first day of March, 1888.
. Approved January 31, 1888.
AN ACT
VALIDATING THE ACTS OF NOTARIES PUBLIC APPOINTED UNDER AND BY VIRTUE OF Aly ACT ENTITLED, “AN ACT TO AMEND SECTION 2615, CHAPTER CCIV, OF THE CODE OF WSHINGTON,” APPROVED NOVEMBER 28, 1883, AND APPOINTMENTS MADE THEREUNDER.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That all appointments of notaries public in Washington Territory made by the Governor, under and by virtue of an act entitled. “An act to amend section 2615, chapter C CIA , of the code of Washington,” approved November 28, 1883, be and the same are hereby declared to be valid and legal.
Sec. 2. No official act heretofore done or performed, or hereafter to be done or performed by any notary public of this Territory appointed under the provisions of1 the act aforesaid, shall be invalidated or considered null or void by reason of any irregularity or informality in their appointments, or by reason of the invalidity of said statute.
Sec. 3. This act to take effect and be in force from and after its passage and approval.
Approved February 2, 1888.
AN ACT
TO PROVIDE FOR THE FURTHER CONSTRUCTION OF PENITEN-TIART BUILDINGS AT WALLA "WALLA; FOR THE PURPOSE OF NECESSAR1 PLANT FOR THE MANUFACTURE OF GRAIN SACKS THEREAT; FOR HEATING AND LIGHTING THE SAME; FOR THELAWS OF WASHINGTON
143
MAINTENANCE OF PRISONERS THEREIN CONFINED; TO COVER DEFICIENCIES FOR PAST EXPENDTURES MADE ON ACCOUNT OF THE SAME, AND APPROPRIATING MONEY THEREFOR.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That there be and hereby is appropriated, for the purposes hereinafter named, out of any funds in the Territorial treasury not otherwise appropriated, the following sums for the following purposes, to-wit:
To Cover Deficiencies.
1.	For cost of removal of prisoners from the old to the new penitentiary .........................$	3,440.80
2.	For unpaid salaries of commissioners and em-ployes ......................................... 1,050.00
3.	For deficiency in last appropriation or maintenance of prisoners .......................... 21,000.00
4.	For maintenance of prisoners for next two
years ................................................ 55,000.00
5.	For new cell wing ................................ 30,000.00
6.	For warden and guards’ quarters .............. 10,000.00
7.	For necessary plant for manufacture of grain
sacks ..................................... 25,000.00
8.	For heating and lighting,	etc................ 25,000.00
0. For barn, stable, granary, horses, cows, imple-
ments, etc, etc.................................... 3,000.00
Sec. 2. That it shall be the duty of the Governor, within ten (10) days after the approval of this act, to appoint three (3) competent persons, residents of this Territory, not more than two of whom shall be of the same political party, who shall constitute a board of commissioners for the management and control of the penitentiary at Walla Walla, and for the further construction of penitentiary buildings herein named, and for the management and control of the same, and whose terms of office shall be two (2) years, and until their successors are appointed and qualified. 1
Sec. 3. Each of said commissioners, before entering upon the duties of his office, shall take and subscribe an oath before any officer of the Territory qualified to administer the same, that he will faithfully and impartially perform the duties of his office according to law, and shall enter into a bond to the Governor of the Territory, with two (2) or more good and sufficient sureties, to be approved by said Governor, in the sum of five thousand ($5,000) dollars, conditioned for the faithful performance of his duty according to law, which144
LAWS OF WASHINGTON
oath and bond shall be filed in the office of the secretary of the Territory.
Sec. The persons appointed as commissioners, under the provisions of this act, or a majority of them, shall meet at the said city of A alia Walla, on the second Monday of March, 1888, and shall organize by electing one of their number president of the board and one of their number secretary. . Sec. 5. Should a vacancy occur in said board of commis-sioners by failure to qualify, death, resignation or otherwise, i ernpr shall appoint some suitable person, a resident of the Territory, to fill such vacancy, and the person so appointed shall qualify according to the provisions of this act, and shall enter upon the duties of commissioner as herein provided.
Sec. 6. It shall be the duty of the president of the board to pieside at the meetings thereof, and to superintend the performance of all contracts for labor and material which maj have been authorized by the board; to see that the terms 0 contract are fulfilled, and to do and perform such v duties pertaining to the erection of said penitentiary buildings as the board shall direct; provided, that no mem-per ot the board shall be interested, directly or indirectly, in any contract of any kind connected with "the erection of said penitentiary buildings, or in any expenditures made on account of maintenance of the same, during their continuance in office, under the penalty of three thousand ($3,000) dollars, to be prosecuted and collected of him and the sureties upon his official bond, upon an action of debt under the direction of the Governor.
Sec. 7. All accounts shall be audited by the Territorial auditor, and no money shall be paid by the territorial treasurer for any purpose connected with the erection of said penitentiary buildings, on (or) the maintenance of the institution, or tor any purchases on account of the same, except °n a warrant or warrants drawn on him by the Territorial auditor for the payment of bills certified to by the said board con¥niss¥)ners> anfl signed by he president and secretary thereof; and every such warrant shall express upon its face whether the amount so required is for materials furnished oi services rendered or labor performed, and the board shall in no case sanction the payment of any money, unless the labor has been performed or the materials have been furnished in accordance with a contract entered into under the provisions of this act, for which any such payment is contemplated; and it shall be the duty of the Territorial treasurer to pay all warrants drawn by said Territorial auditorLAWS OF WASHINGTON
145
as herein provided, out of any, money in his hands applicable thereto.
Sec. 8. In the purchase of necessary plant for the manufacture of sacks, and necessary machinery and appliances for heating and lighting the penitentiary, the board of commissioners, after making a thorough investigation of the various systems of electric lighting, and the fullest possible inquiry respecting the mode of manufacturing jute sacks, and the kind of machinery best adapted therefor, shall proceed in like manner for the purchase of the same, as provided in section 10 of this act; and no system or plant of electric light, when established and used for the lighting of penitentiary buildings, shall be used for any other purpose.
Sec. 9. The said board of commissioners shall take into their possession any and all materials, and contracts for material and labor, and shall proceed, with as little delay as possible, to erect a suitable fire-proof cell wing, which shall be attached to the main penitentiary building, and which shall be constructed of stone, brick and iron, or steel, or of either of said materials, in accordance with the plan or piaus thereof, which may be adopted by said board, or a majority of them; and they shall also erect suitable brick or stone buildings for warden and guards’ quarters; also barn, stable and granary, in accordance with the plan or plans thereof, which may be submitted and approved by said commissioners.
Sec. 10. All contracts and all work thereunder, of whatever nature, shall be under the supervision and control of said board, and no contract shall be entered into for materials or labor for the erection of said penitentiary buildings until approved by the said board, or a majority thereof, nor until the said board shall have first given notice, by publication in one or more newspapers published in the Territory for three (3) successive weeks, inviting sealed proposals for the labor and furnishing the necessary materials for the fulfillment of the proposed contracts, and specifying the character and amount of the bond which will be required for the fulfillment of the conditions of said contracts; and in all cases contracts shall be given by the board to the lowest and best responsible bidder, who will give the required security, and in accordance with plans and specifications to be submitted and approved by said commisioners; provided also, that when there shall be but one bid, the approval of every member of the board shall be necessary to complete the proposed contracts; provided also, that the said board shall reject any or all bids at their discretion when deemed excessive, and again advertise for proposals.146
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Sec. 11. The said board of commissioners shall keep an office at the city of Walla W alla, and after the first meet-ing, as in this act provided, they shall meet at such time as they may select.
Sec. 12. Each of said commissioners, in consideration of services rendered, shall receive an annual salary of six hundred ($600) dollars and his actual and necessary traveling expenses in attending the meetings of said board, and no more, payable quarterly out of the fund appropriated for the erection and maintenance of said penitentiary, and in t e same manner that other accounts against said fund are paid.
^ec' 1°' shall be the duty of said commissioners to purchase, at the lowest market price in cash, onlv such horses and harness, milch cows, wagons, implements, etc., as are actually needed and can be used advantageously in the maintenance of the institution.
Sec. 14. All expenditures made for the penitentiary on^ construction account, for the maintenance of prisoners, tor the purchase of machinery, engines, supplies, etc., and every outlay whatever, shall be under the direction of the board of commissioners, and be made in the manner provided in section seven (7) of this act.	1
. Sec. la. The commissioners shall not contract for nor begm the erection of any buildings or other improvements which cannot be fully completed within the amount of the appropriation herein named, and no portion of any sum herein appropriated shall be diverted from the specific purpose for which it is appropriated.
Sec. 16. The commissioners are hereby authorized to mUiCh Ok tLe amount of twenty-five thousand ($25,-000) dollars hereby appropriated as may be necessary for engines, tools, machinery, fixtures and raw materials as may be necessary to keep employed the prisoners in the peniten-urJd	pr0\ldn f0r sale of ^oods therein manufact-
ed, and thej shall employ said prisoners at such occupation or occupations as are best adapted to secure their health discipline and reformation.	’
Sec. 17. No commissioner shall, as such, directly or in-dnectly, receive any pay or emolument for his services ex-
in Se1i0U ‘"f"’ (12) of this act’ and in no ct ent shall the expenditure for buildings exceed the sums herein appropriated for the same.
Q 1	18‘ ThlS acJ shaI1 take effect and be in force from
and after passage and approval.
Approved February 1, 1888.LAWS OF WASHINGTON
147
AN ACT
TO GOVERN THE OFFICERS OF THE TERRITORIAL PENITENTIARY TO PROVIDE FOR THEIR COMPENSATION.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. The Governor of the Territory of Washington shall visit the penitentiary at least once a year, and as much oftener as he shall deem necessary, and shall be allowed all actual and necessary traveling expenses incurred by reason of his said visits, and he shall certify the same to the Territorial auditor.
Sec. 2. The board of penitentiary commissioners, duly appointed and qualified according to law, shall have power to appoint, by and with the consent of the Governor, a physician of the penitentiary, warden, assistant warden, clerk, and all overseers and guards; the said board of commissioners shall have power to remove at pleasure all such physicians, wardens, assistant wardens, overseers, guards and clerks.
Sec. 3. The annual salaries of the board of penitentiary commisisoners, physician, warden, assistant warden, clerk, and of all overseers and guards shall be as follows: Each commissioner, three dollars per day during the time of the session of the board of commissioners, and his actual and necessary traveling expenses in attending the meetings of said board; physician, two hundred dollars ($200); warden, twelve hundred dollars ($1,200); assistant warden, ten hundred dollars ($1,000); clerk, nine hundred dollars ($900); overseers, each eight hundred dollars ($800); and guards, each six hundred dollors ($600); said salaries to be paid quarterly.
Sec. 4. The Territorial auditor shall not issue any warrant upon the treasurer in favor of any warden, assistant warden, or other employe, except upon the certificate of the president and secretary of the board of penitentiary commissioners that the same is due.
Sec. 5. The board of penitentiary commissioners shall make a report quarterly to the Territorial auditor, containing a statement of all liabilities incurred by them as such board; also the amount of labor performed by the prisoners, for whom, and the value thereof, the amount of money collected, and the persons for whom collected, which money shall be paid into the treasury of the Territory within fifteen (15) days after the end of each fiscal quarter; he shall also on the fifteenth day of October, 1888, and on the same day of every succeeding year thereafter, make a report to the Governor containing a full statement of the condition of the in-148
LAWS OF WASHINGTON
stitution, and of the expenditures or liabilities and earnings.
Sec. 6. The board of penitentiary commissioners shall have power to sue for and recover in the name of the Terri-toiy, anj sum or sums of money owing to the Territory for labor performed, or by reason of any contract or agreement lawfully made by them or their predecessors in office.
Sec. 7. Said board shall have authority to offer rewards not to exceed two hundred dollars ($200) in any one case, and to pay expenses for the apprehension, safe keeping and return of all escaped convicts.
Sec. 8. It shall be the duty of the warden to receive from the sheriff of the different counties in this Territory, all persons who now are, or hereafter may be, sentenced to the penitentiary, give receipts therefor and keep all convicts • safely, according to law, and such rules and regulations as maj be prescribed by the board of penitentiarv commissioners.
Sec. 9. The warden of the penitentiary shall note the conduct, obedience and industry of each and every convict in his charge, and at the end of each week he shall report the same to the board of penitentiary commissioners. Said warden shall also make such further reports to said board as may be required by the rules and regulations of said pen-itentiary.	r
, _ kef’ shall be the duty of the assistant warden to aid and assist the warden in the discharge of his duties under the last preceding section, and he shall also perform such other duties as may be prescribed for him bv the board of penitentiary commissioners.
u- S£C' T?6 warden’ before entering upon the duties of his office, shall enter into a bond, signed by two or more sureties, in the sum of ten thousand dollars ($10,000), condoned that lie shall faithfully discharge his duties as such officer, whichbond shall be approved by the Governor and hied in the office of the secretary of the Territory.
Sec. 12. The physician, warden, assistant warden, clerk overseers and guards shall, before entering upon their duties, take and subscribe an oath that they will support the constitution of the United States, the organic act and the laws of the Territory of A ashington, and faithfully and honestly discharge their duties as such officers.
Sec. 13. No commissioner, warden or assistant warden shall receive the labor of any prisoner for his individual profit or use, or be interested directly or indirectly in any contract upon which such labor shall be employed" or used, i	k°ard of penitentiary commisisoners shall
have the general superintendence of the penitentiary and ofLAWS OF WASHINGTON	149
its inmates; they shall make all purchases of supplies, of whatever kind or nature, needed for the penitentiary or prisoners; they shall have power to employ aii or any number of the prisoners, in accordance with the rules which they may, from time to time, prescribe; provided, that all rules for the government of said penitentiary shall be approved by the Governor.	•
Sec. 15. All accounts for supplies for the penitentiary or prisoners shall specify the items, and be certified to by the president and secretary of the board of penitentiary commissioners, and presented to the Territorial auditor, who shall audit the same and issue warrants on the treasurer for the payment of said claims, or so much thereof as he may deem just, and no money shall be paid for any purpose on account of said penitentiary except upon said warrants.
Sec. 16. When the physician, board of penitent riay commissioners and warden of the penitentiary, after an examination, are of the opinion that any prisoner is insane, they shall certify the fact, under oath, to the Governor, who may, in his discretion, order the removal of such prisoner to the insane asylum. As soon as the authorities of the asylum ascertain that such prisoner is not insane, they shall immediately notify the warden of that fact, and thereupon the warden shall cause such prisoner to be at once returned to the penitentiary, if his term of imprisonment has not expired.
Sec. 17. The warden of the penitentiary shall require of every able-bodied convict confined in said penitentiary as many hours of faithful labor in each and every day during his term of imprisonment as shall be prescribed by the rules and regulations of the penitentiary.
Sec. 18. The moneys in the Territorial penitentiary fund, and that may be hereafter placed therein, are appliabie to the payment of the expenses of the penitentiary and salaries of the officers and employes thereof, and the expenses of the Governor, as mentioned in section 1 of this act. The expenses and salaries shall be audited by the Territorial auditor, who shall draw his warrant on the Territorial treasurer for the same, or so much thereof as he may find correct, the Territorial treasurer shall pay said warrants out of such fund.
Sec. 19. This act shall take effect and be in force from and after its passage.
Approved February 2, 1888.150
LAW’S OF WASHINGTON
AN ACT
TO AMEND SECTIONS 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 AND 14 OF AN ACT ENTITLED, “AN ACT CREATING A BOARD OF PILOT COMMISSIONERS AND PILOTS ON THE COLUMBIA RIVER AND BAR,” APPROVED NOVEMBER 29, 1871, AND TO AMEND SECTIONS 1 AND 2 OF AN ACT ENTITLED, “AN ACT* TO AMEND AN ACT CREATING A BOARD OF PILOT COMMISSIONERS AND PILOTS ON THE COLUMBIA RIVER AND BAR, APPROVED NOVEMBER 29, 1871,” APPROVED NOVEMBER 9, 1877.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. It shall be the duty of the Governor to appoint three suitable persons, who shall constitute a board of pilot commisisoners, for the purpose of examining candidates for the pilotage of the Columbia river and bar, and the said board of commissioners shall, on application, appoint one or more suitable persons, if the (they) deem it neces-sary, to be pilots on the Columbia river and bar, giving each of such pilots a branch or warrant for the execution of his office, with an authority to appoint deputies in the cases to be specified in such branch or warrant; provided, each pilot shall report his said deputies for the approbation of said board of commissioners; provided, that whenever there shall be a vacancy in said board of commissioners, such vacancy shall be filled by appointment, made by the Governor. Said commissioners, before entering upon the duties of their office, shall qualify by oath or affirmation for the faithful discharge of their duties, and shall be entitled to hold said office of commissioner for the term of two years from the date of their appointment, and after said board of commissioners shall have organized, they shall forthwith notify the Governor thereof, and they shall make a report of their proceedings to the Governor at least once in every year thereafter.
Sec. 2. Every such branch pilot is authorized and directed, bi himself or his deputies, to take charge of anv vessel requiring his services, bound into or out of the Columbia river, but shall first show the master of such vessel his warrant, but no vessel licensed or engaged exclusively in the coasting trade between any port in Washington Territory and any port on the Pacific coast shall be compelled to pay pilotage unless the services of a pilot are required by the master of any vessel, said vessel shall be liable to pay the pilot his fees as specified in this act.
Sec. 3. The fee for piloting a ship or vessel from the open sea beyond the bar to Astoria or Knappton shall be eight dollars per foot draft for the first twelve feet, and forLAWS OF WASHINGTON	151
piloting a ship or vessel from Astoria or Knappton to the open sea beyond the bar, eight dollars per foot draft for the first twelve feet, and ten dollars per foot draft for the excess above twelve feet. If a pilot shall board a ship or vessel bound in, while she is either on or within the bar and not above Sand Island, he shall be entitled to only half fees from thence to Astoria; and if at the time of boarding she shall be above Sand Island, he shall be entitled to quarter fees only; but no ship or vessel bound in shall be required to pay pilotage which refuses to take a pilot after arriving on the bar. The fees of pilots on the river above Astoria shall be fixed from time to time by the pilot commissioners.
Sec. 4. Every bar pilot to whom a branch or warrant shall be granted by said board, shall, before entering upon the duties of his or their office, give bonds with sufficient surety to the said board of pilot commissioners in the sum of five thousand dollars, and every river pilot to whom a branch or warrant shall be granted by said board, shall, before entering upon the duties of his or their office, give bonds with sufficient security to the said board of pilot commissioners in the sum of three thousand dollars for the faithful performance of his or their duties while in office.
Sec. 5. It shall be the duty of the board of pilot commissioners to make semi-annual visits to the bar of the Columbia river, examine into the conduct of the pilots, and the condition of the boats employed on said bar as is hereafter specified.
Sec. 6. The bar pilots appointed under the provisions of this act must keep a good seaworthy boat or boats of not less than sixty-five tons burden, and shall at all times cruise outside the bar of the Columbia river, unless prevented by tempestuous weather, and if any such pilot or pilots fail to comply with any of the provisions of This section, it shall be good cause for suspension or removal; provided, that this section shall not affect any claim of salvage arising out of the services involving extraordinary damages or risk.
Sec. 7. No person shall be licensed as a pilot by said board unless he is an American citizen of the age of twenty-one years, of temperate habits, and good moral character; nor unless he possesses the requisite skill and experience as a navigator and pilot, together with practical knowledge of the currents, tides, soundings and bearings, and the distances of the several shoals, rocks, bars, points of land, lights and fog signals, of or pertaining to the navigation of the pilot grounds, nor unless it satisfactorily appears that the applicant is provided with, or is attached to a pilot boat of such character and conditions as the board has prescribed152
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for that service. No bar pilot license shall be issued to the owner or owners of any steam tug-boat, or any person or persons in the employ of any such tug-boats or the ovners thereof, or any other person, firm or corporation; and it shall be unlawful for any bar pilot to be employed or interested in any such tug-boat in the capacity of a bar pilot, and any bar pilot violating this provision shall forfeit his license.
Sec. 8. The said pilots’ boat or boats shall at all times carry a sufficient supply of provisions and water as may be necessary for the relief of vessels in distress, and it shall be the duty of the pilots at all times to offer such aid to vessels in stress of weather or in case of disaster.
Sec. 9. If a vessel while under the charge of a branch or warrant pilot shall be lost or run aground, or sustain any damage through the negligence or unskillfulness of such pilot. such pilot shall be liable to pay all damages sustained by any person interested in such vessel or her cargo, and may, moreover, be removed from his office.
Sec. 10. Any master of a vessel who may choose to pilot his own vessel from outside of the Columbia river bar into said river shall be permitted to do so, but he shall, notwithstanding, when bound into the river, pay to such pilot as shall first offer his services off the bar one-half pilotage, according to the fees specified in said warrants; and if bound out, one-half pilotage; provided, that in the following cases a vessel is exempt from compulsory pilotage, and is not required to pay a pilot, unless one is actually employed: 1st, a vessel engaged in the whaling or fishing trade; 2d, a vessel licensed and engaged in the coaling (coasting) trade between any port in Washington and any port on the Pacific coast.
Sec. 11. The said board of commissioners are authorized to hear and determine all complaints exhibited against the pilots appointed by them as aforesaid, and to suspend or remove them and appoint others in their place.
Sec. 12. Should any shipmaster omit or refuse to pay the pilotage fees in any instance when by this act he has become liable, then his consignees shall become liable for the same.
Sec. 13. That if a pilot, acting under the provisions of this act, shall have boarded any vessel outward bound, and shall be detained on board said vessel and carried to sea, or to any foreign port, the officers of said vessel so detaining said pilot shall be liable to pay the pilot so detained a compensation equal to rhe pay of the highest officer on board of said vessel for all the time he shall be necessarily detained from his proper port.
Sec. 11. The board of commissioners created by thisLAWS OF WASHINGTON
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act shall be entitled to receive, for the execution of a branch or warrant, the sum of twenty dollars, to be paid by the person applying for the branch or warrant; also, five dollars per day for adjusting difficulties that may arise between such pilots and shipmasters or owners, the said fees to be paid by the parties in fault; and for every (day) the said board of commisisoners are in actual session, except when engaged in adjusting or settling disputes between pilots and shipmasters or owners, they shall be entitled to receive the sum of five dollars per day. and mileage at the rate of two dollars for every twenty miles traveled in coming to and going from the place where the sessions of said board are held; provided, however, that they shall not receive pay for more than three days’ time at any one session; and all money received for the execution of any branch warrant or warrants shall constitute a fund to defray the incidental expenses of the said board of pilot commissioners, and the secretary of said board shall, at the end of each regular session, make a written statement of the number of days and the amount of mileage for which each commissioner is entitled to receive pay, which statement shall be signed by the secretary and chairman of the said board of commissioners, and the Territorial auditor, if he shall find said statement correct as herein provided, shall draw a warrant on the Territorial treasurer for the amount which each commissioner is entitled to receive pay, and the Territorial treasurer is hereby authorized to pay the same out of the money not otherwise appropriated.
Sec. 15. That all forfeitures, liabilities and penalties incurred under this act shall be tried and determined in any court of record having cognizance of the same.
Sec. 16. All acts or parts of acts in conflict herewith are hereby repealed.
Sec. 17. This act shall take effect from and after its passage and approval.
Approved February 2, 1888.
AN ACT
TO ESTABLISH PILOTS AND PILOT REGULATIONS FOR THE STRAITS OF JUAN DE FUCA, PUGET SOUND, AND ALL AMERICAN WATERS PERTAINING THERETO.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Sectionl. That it shall be the duty of the Governor to appoint three competent persons skilled in navigation, by154
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and with the advice and consent of the council, residents of Puget Sound ports, a majority of whom have been masters of vessels sailing in and out of Puget Sound, who shall constitute a board of pilot commissioners for the different ports on the straits of Fuca, Puget Sound and their branches.
.	$ec; “•, JPat the persons so appointed shall take an oath
for the faithful discharge of their duties, and shall hold their office during the pleasure of the Governor.
Sec. 3. That the commissioners shall meet in Port Townsend at least once in three months, a majority shall constitute a quorum for the transaction of business, and said commissioners shall hold their first regular meeting on rhe first Monday in April, 1888, and the chairman mav call special meeting whenever necessary; but no special meeting shall be called for the purpose of granting licenses or examining pilots touching their qualifications without the consent of all the commissioners, and then only by giving at least two weeks public notice.
Sec. 4. That the commissioners shall make by-laws for their own government, and for the direction and government piL°ts llot mconsistent with the provisions of the laws of this Territory or the United States, and shall provide themselves with an official seal which (shall) be impressed on every document in writing issued by order of the board.
Sec. 5. That the commissioners shall appoint a secre-taiA, whose duty it shall be to keep correct minutes of all
Proceedings of the commissioners, in books to be provided by them for that purpose; to receive all moneys and pay but the same when ordered to do so by the board, and shall register the names of all pilots, with the date of their licenses and places of residence; the books and register to be always open to inspection.
i nS?C‘	neitPer ^e commissioners nor the secretarv
shall have any interest direct or otherwise, in any pilot boat or vessel, or the earnings thereof.
_ Sec. 7. That the commissioners shall have power to ap-pomt, in the manner provided in this act, such number of pilots tor said ports as they may deem necessary.
Sec. 8 That persons applying for licenses to act as‘pilots, shall be American citizens and legal voters of this Territory, not under twenty-one years of age, and shall be rigidlv examined by the commissioners in public, touching their qua ifications and knowledge of the management of everv description of sailing vessels, of the tides, currents, soundings,bearings and distances of the different shoals, rocks bars ano points of land and lights of the harbors and bays and if deemed qualified, shall receive a license as pilots, whichLAWS OF WASHINGTON
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license shall continue during good behavior.
Sec. 9. That every licensed pilot previous to entering on his duties, shall give bonds to the amount of two thousand dollars, payable to the Territory of Washington, for the faithful discharge of his duty, which bond shall be approved by the commissioners and filed in their office.
Sec. 10. That the commissioners shall have power to suspend pilots for misconduct or inattention to their duty, and on proof, shall revoke their licenses; provided due notice shall be given the pilot and an opportunity be given him to be heard in his defense.
Sec. 11. That every pilot on boarding a vessel shall, at the request of the master, exhibit his license, and on refusal so to do shall be liable to a penalty of fifty dollars.
Sec. 12. That every pilot who shall absent himself from duty for more than two months, except on leave granted by the commissioners, or by sickness, shall be considered as having forfeited his license.
Sec. 13. That if any licensed pilot shall be intoxicated while having charge of any vessel as pilot, he shall be suspended or dismissed, as the commissioners shall elect.
Sec. 14. That the commissioners may require pilots to amend their bonds and securities whenever they may deem it necessary.
Sec. 15. That for carelessly or negligently losing a vessel, on conviction thereof the pilot having charge of the vessel at the time shall be incapable of ever acting as pilot, and shall, moreover, be liable for damages on his bond.
Sec. 16. That it shall be the duty of every pilot in charge of a vessel arriving at any of the ports of Puget Sound or its branches, to have the vessel safely moored or anchored in such position as the master of the vessel may direct, when his responsibility shall cease.
Sec. 17. That when complaint is lodged with the commissioners against a pilot for misbehavior or neglect of duty, it shall be reduced to writing and sworn to; notice thereof must be given to the pilot, and he shall be notified to appear within twenty days to answer the complaint. If the answer be not satisfactory, he may be fined not exceeding five hundred dollars, or deprived of his license at the direction (discretion) of the commissioners.
Sec. 18. That no person except those licensed by the commisisoners shall pilot vessels in and out of the bays or harbors on Puget Sound, Juan de Fuca Strait, or to or from the Pacific Ocean through said strait for hire, under the penalty of §300 for each and every offense. This penalty is not incurred where a master of a vessel acts as his own pilot; pro-156
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vided, that the master or owner of any vessel shall not be compelled to take a pilot under the provisions of this act.
Sec. 19. That the commissioners may make all needful rules and regulations for the government of the pilots, and establish penalties for the breach thereof.
Sec. 20. That pilots taken to sea against their wills, when a boat is in attendance to receive them, shall be entitled to receive five dollars per day while absent, which sum shall be paid by the master or owner of the vessel by which the pilot was taken away.
Sec. 21. That if any pilot offers himself to any vessel, requiring his services as pilot, outside of a line drawn from the west end of Waadda Island to Observatory Point on the east side of Port San Juan, British Columbia, if inward bound he shall have the preference, if a pilot's services are required by the vessel when bound to sea, or a pilot from the same pilot boat.
Sec. 22. That every pilot shall, once in three months, render to the pilot commissioners on account of moneys received by him, or any other persons for him, on his account, and shall pay five per centum on the amount thereof, which, with the fee of five dollars for the license, as per section 25, shall be taken in full for their official services and all expenses of their officers, and if any pilot shall make a false return of moneys so received, he shall forfeit a sum not exceeding five hundred dollars.
Sec. 23. That the hull and appurtenances of all vessels shall be held liable for pilot dues.
Sec. 24. That the pilots shall at all times keep a boat in good condition cruising on the Strait of Fuca or at sea. The number of pilots to be on any one boat, to be determined by the commissioners.
Sec. 25. That all pilots who may be appointed, shall conform to and be governed by the provisions of this act and the quarantine laws of this Territory, and shall pay to the pilot commissioners, when their licenses are issued, the sum of five dollars for each and every pilot license so issued.
Sec. 26. The board of pilot commissioners shall fix.the rates of pilotage between the open sea and ports on Puget Sound. But such rates shall not exceed eight dollars per foot draught to vessels who engage pilots outside Waadda Island to port of entry or other ports on Puget Sound. To vessels from British Columbia to port of entry or other ports on Puget Sound, not to exceed six dollars per foot draught. To vessels from Port Townsend to any of the ports on Puget Sound, not to exceed four dollars per foot draught; provided, that nothing in this act shall be construed as requiring halfLAWS OF WASHINGTON
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pilotage to be paid when services are not actually performed; and provided further, that every pilot bringing a vessel from sea shall take her to her port of destination if required, when that port is above the port of entry, without additional charges. But after tewnty-four hours delay at the port of entry, the pilot shall be entitled to additional pay of five dollars per day for every day so delayed.
Sec. 27. That it shall be the special duty of the pilot commissioners, upon complaint being made to them of any violation of the provisions of this act, to notify the prosecuting attorney of the third judicial district of the Territory, whose duty it shall be forthwith to file an information, and prosecute such violation of this act; and any person piloting a vessel in any of the waters aforementioned without a valid license shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be imprisoned not to exceed six months, and shall further forfeit and pay to the regular licensed pilots all the fees and emoluments received by such person for any such service, to be recorded (recovered) in a civil action in the' name of all such duly licensed pilots in any court of competent jurisdiction, said fine to be paid to the commissioned (commissioners) and distributed pro rata among the regular pilots.
Sec. 28. That any person whose license shall be revoked or shall have expired, or become void by operation of law, shall, within thirty days thereafter, surrender and deliver the said license to the secretary of the pilot commissioners, and any person violating the provisions of this section, or any part thereof, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined not to exceed three hundred dollars, to be recovered in a civil action by the Territory of Washington, or imprisoned not to exceed one month, or both.
Sec. 29. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed, and this act to take effect and be in force from and after April 1, 1888.
Approved February 2, 1888.
AN ACT
FIXING THE RATE TO BE PAID FOR PUBLIC PRINTING, AND PROVIDING FOR AUDITING THE ACCOUNTS FOR THE SAME.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That the compensation for incidental printing for the legislative assembly shall be as follows: For com-158	LAWS OF WASHINGTON
position for all reports and pamphlets, not to exceed sixty (60) cents per thousand ems, printer’s measurement, and not to exceed thirty (30) cents per token of two hundred and fifty impressions per form for presswork; for paper, not to exceed fifteen (15) cents per pound; for paper binding, actual cost; for composition of all resolutions and memorials, not to exceed sixty (60) cents per thousand ems; for presswork, not to exceed thirty (30) cents per token of two hundred and fifty impressions, each form, and for paper not to exceed twenty-five cents per pound; for composition for bills (in excess of twelve hundred dollars), not to exceed thirty (30) cents per thousand ems, and not to exceed thirty (30) cents per token of two hundred and fifty impressions, each form; for paper, actual cost; for folding, binding, pasting and stitching, one dollars per hundred copies.
Sec. 2. That John M. Murphy. Thos. G. Nicklin and Thos. M. Reed, Territorial auditor, who shall be duly sworn, be and they are hereby appointed and constituted a board to audit the accounts of Thos. H. Cavanaugh, for printing reports, pamphlets, resolutions, memorials and bills in the first section provided.
Sec. 3. The Territorial auditor shall draw his warrants upon the Territorial treasurer in favor of Thos. H. Cavanaugh for incidental printing, as audited by said board, which amounts shall be paid out of any money in the treasury not otherwise appropriated.
Sec(. 4. That John M. Murphy and Thos. G. Nicklin be and the same are hereby allowed the sum of five (5) dollars each for their services upon said board, which amounts are to (be) audited and paid in the same manner that other accounts against the Territory are paid.
Sec. 5. All acts or parts of acts in conflict wtih this act are hereby repealed.
Sec. 6. This act shall take effect and be in force from and after its passage and approval.
Approved February 1, 1888.
AN ACT
TO PROVIDE FOR AND AUTHORIZE THE PRINTING, BINDING AND DISTRIBUTION OF THE INDEX TO THE CODE AND SESSION LAWS MADE AND PREPARED UNDER THE PROVISIONS OF LAW, APPROVED FEBRUARY 4, 1886.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That the index to the code and session lawsLAWS OF WASHINGTON	159
of Washington Territory, prepared under the provisions of an act approved February 4th, 1886, shall be printed under the direction and supervision of the secretary of the Territory, in the same style and character, and arrangement of matter as the index to the laws of Wisconsin of 1887, or as near as practicable thereto.
Sec. 2. The compensation for composition, presswork, paper, and binding, shall not exceed that fixed by the treasury department for work of like character in printing and binding the laws and journals of the legislature.
Sec. 3. There shall be printed and bound in same style and manner as the session laws of the Territory, one thousand copies of the index. Said index when completed and delivered shall be distributed as by law it is provided the session laws shall be distributed.
Sec. 4. Fpon the delivery of said index, printed and bound, in a good and workmanlike manner, which delivery shall be within ninety days after the date of the contract and delivery of the complete copy, it shall be the duty of the Territorial auditor to ascertain the sums due to the person or persons for printing and binding the same. When the sums due are ascertained, it shall be the duty of the auditor to draw his warrant or warrants for the sums so ascertained to be due, upon the Territorial treasurer, who shall pay the same out of any moneys in the treasury not otherwise appropriated.
Sec. 5. This act shall take effect and be in force from and after its passage and approval by the Governor.
Approved February 2, 1888.
AN ACT
TO PROVIDE FOR THE PRINTING AND DISTRIBUTION OF THE GOVERNOR’S MESSAGE AND REPORT.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That the sum of one thousand dollars ($1000) or so much thereof as may be necessary, be and the same is hereby appropriated out of any money in the Territorial treasury not otherwise appropriated, for the purpose of printing twelve thousand (12,000) copies of the message and report of the Governor of this Territory for the year 1887.
Sec. 2. The Governor of this Territory is hereby authorized to contract for the printing of twelve thousand (12,000) copies of said message and report in pamphlet form, (the160
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work to be done in a neat and workmanlike manner, on book paper of good quality), which contract shall be let to the lowest responsible bidder, after having first given notice by publication in one or more newspapers published in the Territory for three (3) successive weeks, inviting sealed proposals for such printing.
Sec. 3. A henever the person or persons or firm so contracting to do said printing shall have printed twelve thousand (12,000) copies of said message and report, in accordance with the accepted bid or contract price agreed upon, and shall have delivered the same to the Territorial auditor, the Territorial auditor shall draw his warrant on the Territorial treasurer for the amount of the agreed contract price for such printing, which amount shall not exceed the sum herein appropriated for the same.
Sec. 4. The Territorial auditor shall distribute said pamphlets as follows: One thousand copies shall be given to the Governor; one hundred copies shall be given to each member of the present legislative assembly; two thousand copies shall be given to the chambers of commerce or boards of trade now organized or existing within this Territory, each to receive an equal number; one hundred copies shall be placed in the custody of the Territorial librarian, to be preserved for future reference; five copies shall be given to each organized school district within this Territory, and the remaining copies shall be for general distribution among the people of the Territory by the Territorial auditor.
Sec. 5. The Governor shall, within ten days from and after the passage of this act, publish for two consecutive weeks in one newspaper in each judicial district in the Territory a notice to printers, calling for bids for the printing of the Governor’s report for 1887; said bids to state the price per thousand ems for composition, the price per token of 250 impressions of eight pages, press work, the weight, quality and price of paper, and the price of binding said report. On' the day named in said advertisement, the Governor shall proceed to open all bids by him received, and the contract shall be awarded to the lowest responsible bid or bidders in the Territory, and the person or firm to whom the contract is awarded, before commencing the work, shall be required to give a good and sufficient bond to the Territory in the sum of one thousand dollars, to be approved by the Governor, conditioned for the faithful and prompt execution of the work in a good and workmanlike manner.
Sec. 6. Ihis act shall take effect and be in force from and after its passage.
Approved February 2, 1888.LAWS OF WASHINGTON
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AN ACT
TO ABOLISH THE USE OF PRIVATE SEALS AND TO LEGALIZE INSTRUMENTS HERETOFORE EXECUTED WITHOUT SUCH SEALS.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. The use of private seals upon all deeds, mortgages, leases, bonds and other instruments, and contracts in writing, is hereby abolished, and the addition of a private seal to any such instrument or contract in writing hereafter made shall not affect its validity or legality in any respect.
Sec. 2. All deeds, mortgages or other intsruments in writing for the conveyance or encumbrance of real estate, or any interest therein, which have heretofore been executed without the use of a private seal, are, notwithstanding, hereby declared to be legal and valid in all courts of law or equitv in this Territory.
Sec. 3. All acts and parts of acts in conflict with this act are hereby repealed.
Sec. 4. This act shall take effect and be in force from and after its passage and approval.
Approved February 2, 1888.
AN ACT
IN RELATION TO THE SALARIES AND FEES OF THE PROBATE JUDGES OF WASHINGTON TERRITORY.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That the probate judges of this Territory shall receive no fees for their services in the administration of any estate of less value than five hundred dollars, where the decedent died intestate, leaving a widow, widower or minor child or children, or when the property is devised to such by such decedent.
Sec. 2. In addition to the fees allowed by law, the probate judges of this Territory shall receive annual salaries as follows: In counties having a populaiton of not over five hundred, fifty dollars; in all other counties, one hundred dollars for the first fifteen hundred of population, or fraction thereof, and one hundred for each additional thousand, or fraction thereof; provided, that in no case shall such salary exceed the sum of one thousand dollars for any one year.
Sec. 3. The salaries of the probate judges shall be paid quarterly, by warrant on their respective counties, drawn on162
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the first business day of the months of January, April, July and October.	f >
Sec. 4. This act shall take effect and be in force from
and after its approval by the Governor.
Approved February 2, 1888.
AN ACT
TO AMEND CHAPTER CV OF THE CODE OF WASHINGTON TERRITORY, ENTITLED “SALES OF PROPERTY BY EXECUTORS AND ADMINISTRATORS.”
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That there be and is hereby added to chapter CV of the code of Washington Territory a new section, to be designated section 1523|: Section 1523|. If it shall be made to appear to the satisfaction of the probate court that it will be to the interest of the estate of any deceased person to sell other real or personal estate of the decedent than that mortgaged by him, or redeem the real estate so mortgaged; the probate court may order any real or personal estate of the decedent, which it may deem expedient to be sold for such purpose, which sale shall be conducted in all respects as other sales of like property ordered by the probate court.
Approved February 2, 1888.
AN ACT
TO AMEND SECTIONS 1446 AND 1459 OF CHAPTER CH OF THE CODE OF WASHINGTON TERRITORY, RELATING TO THE INVENTORY AND EFFECTS OF DECEASED PERSONS.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That section 1446 of the code of Washington Territory be and the same is hereby amended so as to read: Section 1446. The estate and effects comprised in the inventory shall be appraised by three suitable disinterested persons, who shall be appointed by the probate court. If any part of the estate shall be in another county than that in which letters, are issued, appraisers residing in such county may be appointed by the probate court having jurisdiction of the case, or if most advisable the same appraisers may act.LAWS OF WASHINGTON
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Such appraisers shall receive as compensation for their services three dollars per day, to be paid out of the estate, and when they have to go out of their county, mileage shall be allowed; provided, that where it appears to the satisfaction of the court, from the returns of the inventory or other proof, that the whole estate consists of personal property of less value than one hundred dollars, exclusive of moneys,drafts, checks, bonds or other securities of fixed valuation, an appraisement may be dispensed with, in the discretion of the court.
Sec. 2. That section 1459 be and the same is hereby amended to read as follows: Section 1459. If. by the return of any inventory of any intestate’s estate who died leaving a widow or minor children, it shall appear that the value of the estate does not exceed one thousand dollars, the probate court shall, by decree for that purpose, assign for the use and support of the widow and minor children of the intestate, or for the support of the minor child or children, if there be no widow, the whole estate, after the payment of the funeral expenses and expenses of administration, and there shall be no further proceedings in the administration unless further estate be discovered.
Sec. 3. This act shall take effect and be in force from and after its passage and approval by the Governor.
Approved January 28, 1888.
AN ACT
TO AMEND SECTION 1504 OF CHAPTER 105 OF THE CODE OF WASHINGTON TERRITORY RELATING TO SALES OF PROPERTY BY EXECUTORS AND ADMINISTRATORS.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That section 1504 of the code of Washington Territory be and the same is hereby amended to read as follows:
Section 1504. When a sale is ordered, notice of the time and place of sale shall be posted in three of the most public places in the county where the land is situated, at least twenty days before the day of sale, and shall be published in some newspaper of said county, if any there be, and if not. in some newspaper of this Territory in general circulation in said county, for three successive weeks next before such sale, in which notice the lands and tenements shall be described with proper certainty.164
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an/i ”• act shall take effect and be in force from ana after its passage and approval.
Approved January 27, 1888.
ACT
TO AMEND SECTIONS THREE AND TWENTY OF AN ACT ENTITLED ‘AN ACT IN RELATION TO PROSECUTING ATTORNEYS, DEFINING THEIR DUTIES AND FIXING THEIR COMPENSATION PROVED FEBRUARY 4, 1886.
AP-
Be it enacted by the Legislative Assembly of the Territory of Washington:
. ?ectiou Tliat section 3, of an act entitled “an act in lelation to prosecuting attorneys, defining their duties and fixing their compensation,” approved February 4th, 1886 be tinn lheTume is hereAv amended to read as follows: “Sec-attorney for the district comprising the counties of AA alia Walla and Franklin, shall receive an annual salary of $1500. The prosecuting attorney for the dis-roSvTmpilSing 1thelcounties of Spokane and Stevens, shall ?nr IZ!	Sala.r? Of $180°- The prosecuting attorney
c®mPris!ng the counties of Lincoln, Douglas ana Adams, shall receive an annual salary of $750. The prosecuting attorney for the district comprising the counties and As?tm’ sha11 receive an annual salary of $1000. The prosecuting attorney for the district comprising «i-on°UmV °f AhltlPanJ sha11 receive an annual salary of $lo00. The prosecuting attorney for the district comprising Snnn°Uum °f Colmabia? sha11 receive an annual salary of $1000. The prosecuting attorney for the district comprising the counties of Kittitas and Yakima, shall receive an annual salary of $1500. The prosecuting attorney for the district comprising the counties of Clark, Klickitat and Skamania, shall receive an annual salary of $1200. The prosecuting at-;2rneJKfor the dlstrict comprising the counties of Lewis, Cow-m?011 and Mason’ shall receive an annual salary of 81600. The prosecuting attorney for the district comprising thecounties of AA ahkiakum, Chehalis and Pacific, shall re-ceue an annual salary of $750. The prosecuting attorney for the district comprising the county of Pierce, shall receive an annual salary of $1800. The prosecuting attorney for the district comprising the counties of King, Kitsap and Snohomish receive an annual salary of $2400. The prosecuting attorney tor the district comprising the counties of Jefferson. Clallam, Island and San Juan, shall receive an annual salary of 8800.
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The prosecuting attorney for the district comprising the counties of Skagit and Whatcom, shall receive an annual salary of $750. Said sums to be paid quarterly out of any funds in the Territorial treasury not otherwise appropriated upon presentation to the Territorial treasury of the proper warrant therefor, which warrant shall be paid in its regular numerical order.”
Sec. 2. “That section 20 of said act be, and the same hereby is amended to read as follows: Section 20. No other or greater fee or salary than herein provided shall be allowed or paid to any prosecuting attorney in this Territory; pro vided, however, that when any prosecuting attorney shall be required to leave the place of his residence to attend to any official business, his actual expenses necessarily incurred while away from home attending to said business shall be paid by the county in which said business arises.”
Sec. 3. This act shall take effect and be in force from and after its passage and approval.
Approved February 1, 1888.
AN ACT
TO AMEND SECTION 12 OF AN ACT ENTITLED “AN ACT IN RELATION TO PROSECUTING ATTORNEYS, DEFINING THEIR DUTIES AND FIXNG THEIR COMPENSAION, APPROVED FEBRUARY 4, 1886.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That section 12 of the said act be amended to read as follows: “Section 12. No prosecuting attorney shall receive any fee or reward from any person on behalf of any prosecution for any of his official services, except as provided in this act, nor shall he be engaged as attorney or counsel for any party in any civil action, (or for) a party to any criminal proceedings depending upon the same fact's as such criminal proceedings.
Sec. 2. That all acts and parts of acts in conflict with this act are hereby repealed.
Sec. 3. That this act shall take effect and be in force from and after its passage and approval.
Approved February 2, 1888.166
LAWS OF WASHINGTON
AN ACT
IO AMEND SECTION 919 OF THE CODE OF WASHINGTON TERRITORY RELATING TO OFFENSES AGAINST PUBLIC POLICY.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That section 919 of the code of Washington Territory relating to offenses against public policy be amended so as to read as follows:
Section 919. Every person who shall in any manner obstruct the navigable portion or channel of any bay, harbor amages sustained by the person or persons owning such or river or stream, within or bordering upon this Territory, navigable and generally used for the navigation of vessels’ boats, or other water crafts, or for the floating down of logs’, cord wood, fencing posts or rails, shall, on conviction thereof, behned in any sum not exceeding three hundred dollars; pro-V,ed, that the placing of any mill dam or boom across a stream used for floating saw logs, cord wood, fencing nosts or rails shall not be construed to be an obstruction to the navigation of such stream, if the same shall be so constructed as to allow the passage of boats, saw logs, cord wood, fencing posts or rails without unreasonable delay.
Sec. 2. All acts and parts of acts in conflict with the provisions of this act are hereby repealed.
Sec. 3. This act shall take effect and be in force from and after Rs passage and approval.
Approved January 17, 1888.
AN ACT
TO REPEAL AN ACT ENTITLED “AN ACT TO PROVIDE ,FOR THE lev y and collection of taxes upon the PROPERTY OF RAILROAD COMPANIES IN THIS TERRITORY.”
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That an act entitled, “an act to provide for the levy and collection of taxes upon the property of railroad companies in this Territory,” approved ~ November twentyeight, eighteen hundred and eighty-three, be and the same is hereby repealed.
i	^hlS act shal] take effect and be in force from
and after the first day of March, eighteen hundred and eightv-eight; provided, however, that this act shall in nowise affect the levy and collection of taxes upon the property of saidLAWS OF WASHINGTON
167
railroad companies in this Territory for the year eighteen hundred and eighty-seven.
Approved January 18, 1888.
AN ACT
TO AMEND AN ACT ENTITLED “AN ACT TO AMEND SECTIONS 2829, 2830, 2831, 2848, 2861, 2869, 2872, 2873, 2877, 2880, 2881, 2894, 2901, 2902, 2915, 2916, 2941’ 2945, 2947, 2948, 2958, 2962, OF THE CODE OF WASHINGTON TERRITORY, RELATING TO THE REVENUE,” APPROVED FEBRUARY 4, 1886.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. . That section 2902 of the code of Washington Territory relating to the revenue as amended and approved February 4, 1886, be so amended as to read as follows: Section 2902. On the first Tuesday of March in each year the treasurer of each county must attend at the office of 'he county auditor with the duplicate ass^ment roll, and every item marked paid, which has in fact been paid on such duplicate assessment roll, must be marked paid on the original assessment roll, with the date of payment of each and every item marked “error”; each double assessment in the duplicate must be marked the same in the original. The sheriff shall be ex-officio tax collector of the delinquent tax of his county from and after the first day of March in each and every year, and it shall be the duty of the county auditor, after he has made his comparison with the treasurer as in this section provided, to make out a schedule of unpaid taxes, in the form of a triplicate assessment roll, with a ten per cent, penalty added to the amount of such unpaid taxes, and shall deliver the same to the sheriff, with his warrant attached thereto, in the name of the United States, under his hand and the seal of the board of county commissioners, commanding such sheriff to collect the taxes as charged in such schedule, as in this act provided; and the auditor shall charge the sheriff with such taxes in the schedule stated in a delinquent tax account book, to be kept for that purpose, and shall credit the treasurer on his account with the same amount. The sheriff shall, from time to time, and as often as once each month, pay over to the county treasurer the moneys collected by him, and the treasurer shall execute to him duplicate re-cepits for the same so paid, one of which said sheriff shall file with the auditor. On making such payments to the treasurer the sheriff may deduct the ten per centum penalty as his fees for such collecting; and the sheriff shall report to168
LAWS OF WASHINGTON
the auditor, on the first Monday of each month, the sums so collected by him, which will be properly entered bv the auditors of the several counties; provided, that at the'November term in each year of the board of county comissioners the sheriff shad make return of said schedule of unpaid taxes to the auditor, and shall then make final settlements with said board of commissioners touching such schedule of unpaid taxes, and all other delinquent taxes, and the sheriff shall be credited with the allowance of such unpaid taxes remaining uncollected, and such other credits as the said board may order; and provided further, that at said November term of said board of county commissioners said schedule of delinquent taxes shall be compared with the books of the auditor and treasurer, and all taxes marked “paid” on the sheriff’s schedule shall be marked “paid” on the duplicate assessment roll of the treasurer; provided further, that after said November settlement said assessment roll shall be returned to said sheriff, to which shall be added the penalty and interest in the manner hereinbefore prescribed in this section, and it shall be the duty of said sheriff to immediately proceed to collect such delinquent taxes together with the penalty and interest, and make return thereof as hereinbefore provided in this act.
Sec. 2. That all acts and parts of acts in conflict herewith be and the same are herebv repealed.
Sec. 3. This act to take effect from and after its passage Approved February 2, 1888.
AN ACT
TO AMEND SECTION FIVE OF AN ACT ENTITLED “AN ACT TO AMEND SECTIONS 2829, 2830, 2831, 2848, 2861, 2869, 2872, 2873, 2877, 2880, 2881, 2894, 2901, 2902, 2915, 2916, 2941, 2945, 2947, 2948, 2958, AND 2962, OF THE CODE OF WASHINGTON RELATING TO THE REVENUE,” APPROVED FEBRUARY 4, 1886.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That section five of an act of which this act is amendatory, is hereby amended to read as follows:
Sec. 5. In making up the moneys and credits which anv person is required to list, or having listed and assessed, he shall be entitled to deduct from the gross amount (of moneys and credits), all debts and all mortgage debts in good faith owing by him to any citizen or citizens of this Territory- the name and postal address of the person or persons holding
LAWS OF WASHINGTON	169
the debt shall be given, but no acknowledgment of indebtedness not founded on actual consideration, and no such acknowledgment made for the purpose of being so deducted, shall be considered a debt, within the intent of this section, and so much only of any liability of such person as security for another shall be deducted, as the person making the list believes he is equitably or legally bound to pay, and so much only as he believes he will be compelled to pay on account of the inability of the principal debtor, and if there are other sureties able to contribute, then so much only as he in whose name the list is made, will be bound to contribute; but no person will be entitled to any deduction on account of any obligations of any kind, given to any insurance company for the premiums of insurance, nor on account of any unpaid subscriptions to any institution, society, corporation or company, and no person shall be entitled to any deduction on account of any indebtedness contracted for the purchase of United States bonds or other non-taxable property, and in making up the amount of debts due him, the party making the list shall include all debts due from persons non-residents, as well as residents of the Territory.
Sec. 2. This act to take effect and be in force from and after its passage and approval by the Governor.
Approved January 31, 1888.
AN ACT
RELATING TO APPROPRIATIONS FOR ROADS AND BRIDGES BY COUNTY COMMISSIONERS, AND TO REPEAL CHAPTER CCXXXV, ENTITLED, “APPROPRIATIONS FOR ROADS AND BRIDGES BY COUNTY COMMISSIONERS,” OF THE CODE OF WASHINGTON.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. The county commissioners of the several counties may annually appropriate such sums of money from the general fund of the county for the purpose of laying out. opening or improving public county roads, and building and repairing bridges, as they may deem necessary; provided, that the same shall not exceed an amount equal to two-tenths of one per centum on the amount of taxable property of such county, as shown by the last preceding assessment.
Sec. 2. That chapter CCXXXV, entitled, “Appropriations for roads and bridges by county commisisoners,” of the code of Washington, be and the same is hereby repealed.170
LAWS OF WASHINGTON
Sec. 3. This act to take effect and be in force from and after its passage and approval.
Approved February 2, 1888.
AN ACT
TO AMEND SECTION 2984, CHAPTER CCXXIX OF THE CODE OF WASHINGTON TERRITORY RELATING TO ROADS, FERRIES, BRIDGES AND TRAVEL ON PUBLIC HIGHWAYS.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That section 2984, chapter 229, of this (the) code of Washington Territory relating to roads, ferries, bridges and travel on public highways be amended to read as follows:
Section 2984. Any person or persons, whose land shall be so situated that it has no connection with any county road, maj make application in writing to the countv commissioners of his county at a regular term, for a public road leading from his premises to some convenient county road, by first posting three notices fifteen days before said meeting in the district where said road is to be located, and thereupon the commissioners shall appoint three disinterested freeholders oi the county as viewers, and cause an order to be issued directing them to meet on a day named, in such order, to view and locate a public road according to the application and notice, and to assess the damage to be sustained therebv, and after being duly sworn or affirmed, faithfully and impartially to perform the duties of their appointment, and after at least three days' notice given to all persons through whose land such public road is to be located, such viewers shall proceed to locate and mark out a public road thirty feet wide from some certain point on the premises of the applicant by a practicable route to some certain point on the countv road, so as to do the least damage to the lands through which such public road is located, and they shall also, at the same time, assess damages sustained by the person or persons owning such land.
Approved February 2, 1888.
AN ACT
TO AMEND SECTION 2990 OF CHAPTER 229 OF THE CODE OF WASH-LAWS OF WASHINGTON
171
INGTON TERRITORY, RELATING TO ROADS, FERRIES AND BRIDGES, AND TRAVEL ON PUBLIC HIGHWAYS, AS THE SAME IS AMENDED AND RE-ENACTED BY AN ACT OF THE LEGISLATIVE ASSEMBLY, APPROVED NOVEMBER 28, 1883
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That section 2990 of chapter CCXXIX of the code of Washington Territory, relating to roads, ferries and bridges, and travel on public highways, as the same is amended and re-enacted by an act of the legislative assembly, approved November 28, 1883, be amended so as to read: ‘‘Section 2990. It shall be the duty of every supervisor of roads to obtain the names, and make out in alphabetical order a list, of all persons liable to perform labor on the public roads within his road district, and file the same with the county auditor on or before the second Monday in February of each year, whose duty it shall be to affix to each name the amount of taxable property owned by each person residing or owning property therein, which list shall be returned to the road supervisors on or before the first day of March of each year.’’
Sec. 2. This act shall take effect and be in force from and after its passage and approval by the Governor.
Approved February 2, 1888.
AN ACT
TO PROVIDE FOR THE PAYMENT OF. THE INDEBTEDNESS OF SCHOOL DISTRICTS IN CERTAIN CASES.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. Wherever in this Territory, under and by virtue of a special law, the board of school directors of any school district have erected school houses, and the said district is now indebted therefor, and no adequate provision in such law has been made for the payment of such indebtedness and the interest thereon, such board of school directors may, in their discretion, levy an annual tax upon the property in said district sufficient to pay one-tenth the principal of such indebtedness and all acured (accrued) or accuring (ac cruing) interest thereon ; provided, that this act shall in no wise be construed to abridge or amend the common school law of Washington Territory in regard to the levy and collection of general or special taxes.
Sec. 2. The taxes mentioned in the preceding section shall, in all respects, be levied and collected in the same man-172
LAWS OF WASHINGTON
ner as other school taxes, and the money raised thereby shall be placed in a special fund, to be called “Special School-house Fund,” and shall be paid out upon warrants, under the order and direction of the school directors of such district.
Sec. 3. This act to take effect and be in force from and after its passage and approval.
Approved January 27, 1888.
AN ACT
TO AMEND SECTIONS 19 AND 24 OF AN ACT ENTITLED “AN ACT TO AMEND THE COMMON SCHOOL LAW OF THE TERRITORY OF WASHINGTON,” APPROVED FEBRUARY 4, 1986. ETERMTORY
Be of XXX: the Leslsiaave ABSemb,Y O' Territory
Section 1. That section 19 of an act entitled “an acr to amend the common school law of the Territory of w. J f
4’ 1886’ be and the sa,“e is amended to read as follows: Section io
po.wer and k shaP be his^uty^^rsJ^To th’rrV?011 SCh°° hlS county not less than one nor more than
SX fT Pr°Vid?d’ that he Shal1
oX f gJ rn d J.eturning trom said school for one trio only. Second—To distribute promptly all reports law?
circulars and instructions which he mayPreceive for e use of the schools and the teachers. Third—To report suPJriatendent of public instructions annually on the first day of August, for the school year ending June thii tieth thoV16^111?’ givlng the number of children of school age the	°/ sch°o1 houses’ the number of school district’
tit^ amount of money apportioned each year, the amount paid to teachers the amount paid for school houses and furniture w^the mtattea °f interest connected with schools or mJ f | conduct and management of schools. Fourth—To tiorrjJXX0 J! SJ;dies adopted by the board of education, and to report to the superintendent of public instruc-lon the refusal of any board of directors to comply with clauses two and nine of section 38 of this act. Fifth—To en of'teaeher" Sixathd ™galations required in the examination teachers. Sixth—To keep on file and preserve in his office Seventh111 T ‘’lPOrt ?f the suPerinte»d™t of public instruction. nUh^ b? keeP ‘I' a good.and wel> b»und book, to be fur-acts Xh?h T 7 commisisoners, a record of his official acts. Eighth—To carefully preserve all reports of school officers and teachers, and at the close of his term of office de-LAWS OF WASHINGTON
173
liver to his successor all records, books, documents and papers belonging to the office, taking a receipt for the same, which shall be filed in the office of the county auditor.
Sec. 2. That section 21 of said act be amended to read as follows: Section 21. Every county superintendent shall receive a salary of one hundred dollars per annum, and when the number of scholars shall exceed five hundred, then he shall receive the sum of five dollars for each additional one hundred scholars, or fractional part thereof, and three dollars for each each school visited during the year, together with mileage at the rate of ten cents per mile in going to or returning from said school, to be paid quarterly in the same manner as the salaries of other county officers, upon his certifying to the county commisisoners that he has actually discharged the duties required; provided, that he shall spend not less than three hours in each school so visited by him; provided further, that he shall receive mileage but for one visit in each year.
Sec. 3. This act shall take effect from and after its passage.
Approved February 2, 1888.
AN ACT
TO AMEND SECTIONS 25 AND 26 OF AN ACT ENTITLED “AN ACT TO AMEND THE COMMON SCHOOL LAW OF THE TERRITORY OF WASHINGTON,” APPROVED FEBRUARY 4, 1886.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That section 25, Title III be, and is hereby amended to read as follows: Section 25. Each county superintendent shall (call) to his assistance two persons holding the highest grade certificates in his county, and such persons, with the county superintendent, shall constitute a board for the examination of teachers. It shall be the duty of the county board of examination, in all counties having one thousand or more children of school age, to be at the county seat on the second Wednesday of the months of February, May, August and November for the purpose of examining teachers, but the counties having less than one thousand children of school age, the county board of examination shall meet the second Wednesday of the months of May and November for the purpose of examining teachers. The superintendent shall give ten days’ notice of the same by posting up hand-bills or otherwise. The superintendent shall also,174
LAWS OF WASHINGTON
at such time and place, transact such other business as proper y appertains to his office; and any person or district ap-P Jing on different days for the transaction of such business, s all pay the superintendent a reasonable compensation for his trouble, not exceeding the sum of two dollars. A proper allowance shall be made out of the county treasury for the necessary books, stationery and postage for the countv superintendent’s office; provided, that such persons called to t e assistance of the county superintendent shall receive three dollars per day for the time actually employed, and mileage at the rate of ten cents per mile; provided further, that an examination which may take place in anv of rhe .counties prior to the passage of this act, or the knowledge J^ereof, sha 1 be valid, or when advertisement of such examination shall have been made prior to the passage of this act. or knowledge thereof of said examination shall be valid until the succeeding examination, as provided in this act
Sec 2 That section 26, Title III be, and is herebv amended to read as follows: Section 26. There shall be °f certificates, fipst, second and third; but no certificate shall be issued to any person who has not arrived at the age of eighteen years. Unless revoked for cause, first grade certificates shall entitle the holder to teach for three 7rade for two years, and third grade for one year, but the issuing of more than one third-grade certificate o any person shall be left to the discretion of the county board of examination. No first-grade certificate shall be granted until the applicant shall have filed with the county superintendent satisfactory written evidence of having taught successfully one year of nine months. Boards of examination may, in their discretion, issue certificates without examination to the graduates of the normal department of the university of Washington Territory, or to any applicant presenting a certificate of like grade, issued in this or any other State or Territory. Those holding first-grade certificates, and who shall have been actually engaged in teaching for three years, shall be eligible to examination for first-grade Territorial certificates; provided, that anv teacher c?’tlfica?e 111 force and effect, granted by anv county board of examination in this Territory, shall be entitled o exercise all of the duties of teacher in anv county of this territory upon presenting said certificate to the county superintendent of the county in which said certificate is desired to be used, whose duty it shall be to endorse it, and said certificates shall be in full force and effect until the next meeting of the county board of education.LAWS OF WASHINGTON
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Sec. 3. All acts and parts of acts in conflict with this act is hereby repealed.
Sec. 4. This act to take effect and be in force from and after its passage and approval.
Approved February 2, 1888.
AN ACT
TO AMEND SECTIONS 36, 67 AND 87 OF AN ACT ENTITLED “AN ACT TO AMEND THE COMMON SCHOOL LAW OF THE TERRITORY OF WASHINGTON,” APPROVED FEBRUARY 4, 1886
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That section 36 of an act entitled “An act to amend the common school law of the Territory of Washington,” be and the same is hereby amended to read as follows: Section 36. In all organized districts in which elections have been previously held, one director shall be elected for the term of three years, and if any vacancies are to be filled, a sufficient number to fill them for the unexpired term or terms, and the ballot shall specify the respective term of or terms, and the ballot shall specify the respective term for which each director is to be elected, and the clerk shall be elected for the term of one year. In new districts acting under directors appointed by the county superintendent, three directors shall be elected for one, two and three years respectively; the clerk and directors elect shall take office immediately after qualifying, and shall hold office until their successors are elected and qualified; any clerk or director elect who shall fail to qualify within ten days after being elected, or who shall be absent from the district for the period of thirty days at any time, shall forfeit all right to the office, and the county superintendent shall appoint to fill the vacancy until the next annual school meeting.
Sec. 2. That section 67 of said act be and the same is hereby amended to read as follows: Section 67. The directors of such district shall also have the power to levy a special tax of not exceeding five mills in any one year for tuition purposes in their district, as provided by law, without submitting the same to the qualified voters of such district; provided, that in making such tax levy the directors shall use a basis for such levy the last assessment made by the county assessor for county purposes.
Sec. 3. That section 87 of said act be and the same is hereby amended to read as follows: Section 87. All applicants for certificates shall be at least sixteen years of ager17G
LAWS OF WASHINGTON
STJ -haVe 5-ttended. teachers’ institute, and shall be exam-Fn^H?hieadmg’ wntlng.’ orthography, arithmetic, geography, Sgpgrammar, physiology, hygiene, history of the United 5^ school law of the Territory, and the theory and practice o teaching; but no person holding a third grade ccTtid-cate shall receive another of like grade.
and afterIts passage*	effectaD<1 be in force from
Approved February 2, 1888.
AN ACT
TO PREVENT TRESPASSES THIS TERRITORY, AND
SHEEP FOR VIOLATION OF THIS ACT
Be it enacted by the Legislative Assembly
of Washington:
BY SHEEP UPON CERTAIN LANDS IN
TO PUNISH THE OWNERS
OF SUCH
of the
Territory
o ?ecno,n L That it shall be unlawful in this bXg^	°r !a“dS; enc,osed or ““enclosed,
posset	“■	» bis
any oFthe	United
-	.....
Approved February 2, 1888.
Territory
LAWS OF WASHINGTON
177
AN ACT
IN RELATION TO AND TO PREVENT THE INTRODUCTION OR SPREAD OF DISEASE AMONG SHEEP.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That it shall be the duty of the commissioners of each county, upon the presentation to them at any regular meeting, of a petition signed by three or more owners of sheep, residing in said county, to appoint some suitable person, being a qualified elector of said county, as sheep inspector of said county for two years from the date of his appointment and until his successor is appointed and qualified as herein provided.
Sec. _. Such person so appointed shall, before entering upon the discharge of the duties of his office, take and subscribe an oath of office and enter into a bond, with two or moie sui eties approved by the county commisisoners, in the penal sum of $1,000, conditioned for the faithful performance of the duties of his office.
Sec. 3. Such inspectors shall have the power to appoint not more than two deputies, for whose acts he shall, in all cases, be responsible, and by whom he may perform anv act or dutj required of him by this act; and each inspector shall be provided by the county with a seal of office, which shall be inscribed in substance as follows: “Sheep inspector of ........ • county, A . T. And each official certificate or report of such inspector shall be authenticated by such seal.
Sec. 4. No person, company or corporation^ shall brin^ or cause to be brought into this Territory any sheep or brand of sheep without first, and within one year prior thereof, obtaining from a sheep inspector duly appointed and qualified under this act, a certificate under the official seal of such inspector, to the effect that the said sheep, or band of sheep, have been personally inspected by such inspector, and that all such sheep are sound and healthy, and free from scab or scabies, or other infectious or contagious disease, and no person, company or corporation shall move, or cause to be moved, anj sheep or band of sheep from one county in this Territory to another county without first, and within one year prior therto, obtaining such certificate, as is above mentioned. It shall be the duty of any sheep inspector, upon request of any person, to visit and inspect anv band' of sheep within his county, or within five miles of the line of the Territory, unless he has inspected such band of sheep within three months prior thereto, and if. at the time of such inspection. such sheep are healthy and free from scab or scabies178
LAWS OF WASHINGTON
and all infectious and contagious diseases, he shall issue to the owner or person in charge thereof a certificate to that effect; and if not healthy and free from scab and all contagious and infectious diseases, he shall revoke any certificate which may have been issued by him, andthe person holding such certificate shall forthwith, on demand, deliver the same to such inspector.
Sec.- 5. Any person, company or corporation, owning or having charge of any sheep infected with scab or any im fectious or contagious disease, shall keep the same, and all sheep v ith which such have been in contact, secure from contact with other sheep, and shall not drive or permit the same to go upon any public road or highway, or any inclosed land not owned by such company, person or corporation; provided, that such sheep may be moved or driven upon such places and highways by first obtaining the written permission of the sheep inspector of the county wherein such sheep may be, which permission shall state the time within which they are to be moved, the place to and from which, and the route to be traveled.
Sec. 6. It shall be, and is hereby made, the duty of each sheep inspector appointed under this act, to examine, visit and inspect every band of sheep within his countv during the months of April and May of each year.
Sec. 7. Whenever, upon inspection of any band or herd of sheep kept or herded in any county of the Territory of Vi ashington, the sheep inspector shall find such sheep, or anj poition of them, affected with scab or any infectious or contagious diseases, he shall forthwith notify the owner or person in charge of such diseased sheep, in writing, to put such diseased sheep, and the band or herd in which They have been kept, into an enclosure, or bv other sufficient means be kept from contact with other sheep, and to proceed immediately to treat them for the cure of such disease, in some manner or by some means approved by an inspector; and any person, company or corporation who shall neglect foi ten GO^ dais to put such sheep into an enclosure, or by other sufficient means secure them from contact with other sheep, or shall refuse or neglect for ten (10) davs after such notice to proceed to treat such sheep for the cure of such diseases in some manner or by some means approved bv an inspector, shall be deemed guiltv of a misdemeanor ' and for each day of such neglect or refusal to treat such sheep after ten (10) days from each notice, such person or corporation shall be guilty of a separate misdemeanor and in addition to the punishment provided in this act the inspector shall, in case of a refusal or neglect to secure such diseased sheep fromLAWS OF WASHINGTON
179
contact with other sheep, immediately upon notice being given as hereinbefore provided, or in case of a refusal or neglect of ten (101 days after notice to treat such sheep for the cure of such diseases, seize such sheep, and by enclosure or other sufficient means secure them from contact with other sheep, and proceed without unneccessary delay to treat them for the cure of such disease; and the expense of such seizure, keeping and treatment, together with the fees of the insepcror while engaged therein, shall be a charge on the sheep so seized, and the inspector shall hold the sheep until the same is paid, and if not paid within ten days (10) after such treatment is completed, he shall collect the same, together with the costs and expenses of collection, by advertising and selling such sheep, or as many thereof as may be necessary, in the manner provided by law for the sale of personal property upon execution; provided, no person, company or corporation shall be required to dip a band of sheep between the first day of December and the first day of May.
Sec. 8. No owner of any toll bridge, or ferry boat, or person in charge thereof, shall permit any sheep to cross such bridge, or go upon such ferry boat, unless the person in charge of such sheep shall first exhibit to the person in charge of such bridge or boat, a valid certificate issued by an inspector appointed under this act, to the effect that such sheep are free from scab and all other contagious and infectious diseases.
Sec. 9. Every certificate issued under this act shall be null and void after one year from the date thereof.
Sec. 10. Each inspector shall be paid five (5) dollars per day for each day when actually engaged in the discharge of the duties of his office, and ten cents per mile for each mile actually traveled by him for such purpose, and his bills for such service shall be audited and paid by the county commissioners (of the county) for which he is appointed.
Sec. 11. Any person, company or corporation violating any of the provisions of this act shall be liable in a civil action for all damages sustained by any other person, company or corporation in consequence of such violation, and any person, company or corporation violating any of the provisions of this act shall be deemed guilty of a misdemeanor, and on conviction thereof, be punished by a fine of not less than fifty dollars or over five hundred dollars.
Sec. 12. All acts and parts of acts in conflict herewith are hereby repealed.
Sec. 13. This act shall take effect and be in force from and after the first day of March, 1888.
Approved February 2, 1888.180
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AN ACT
TO PROVIDE FOR THE RELIEF OF INDIGENT UNION AND MEXICAN WAR SOLDIERS, SAILORS AND MARINES, AND THE FAMILIES OF THOSE DECEASED OR INDIJENT, AND TO DEFRAY FUNERAL EXPENSES.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. For the relief of indigent and suffering Union soldiers, sailors and marines, who served in the war of the rebellion, or in the war with Mexico, and their families, or the families of those deceased, who need assitance in any city or town or precinct in this Territory, the board of commissioners of (the) county in which such city, town or precinct is situated may provide such sum or sums of money as may be necessary, to be drawn upon by the commander and quartermaster of any post of the Grand Army of the Republic in said city or town, upon the recommendation of the relief committee of said post, in the same manner as is now provided by law for the relief of the poor; provided said soldier, sailoi and marine, or the families of those deceased, are and hate been residents of the Territory for at least six months, and the orders of said commander and quartermaster shall be the pi oper \ ouchers for the expenditure of said sum or sums of money.
■o	If there ,be 110 P°st of the Grand Army of the
Republic in any precinct in which it is necessary that such relief, as provided for in section one, should be granted the county commissioners of the county in which such precinct is, maj accept and pay the orders drawn, as hereinbefore provided, (by) the commander and quartermaster of any post of the Giand Army of the Republic located in the nearest city or tov n, upon the recommendation of a relief committee who shall be residents of the said precinct in which the relief may be furnished.
Sec. 3. I pon the passage of this act the commander of any post of the Grand Army of the Republic which shall undertake the relief of indigent veterans and their families, as heieinbefore provided, before the acts of said commander and quartermaster may become operative in any city or precinct, shall file with the county auditor of such county a notice that said post intends to undertake such relief, as’ is provided by this act. Such notice shall contain the names of the relief committee of said post in such citv or precinct, and of the commander and other officers of said post. And the commander of said post shall annually thereafter, during the month of October, file a similar notice with said county audi-LAWS OF WASHINGTON
181
tor. and also a detailed statement of the amount of relief furnished during the preceding year, with the names of all persons to whom such relief shall have been furnished, together with a brief statement in each case from the relief committee upon whose recommendation the orders were drawn.
Sec. 4. The county commissioners may require of the commander and quartermaster of any post of the Grand Army of the Republic undertaking to distribute relief under this act a bond, with sufficient and satisfactory sureties for the faithful and honest discharge of their duties under this act.
Sec. 5. County commissioners are hereby prohibited from sending indigent Union soldiers, sailors and marines (or their families, or the families of those deceased), of the classes of persons mentioned in section 1. to any alms-house (or orphan asylum) without the concurrence and consent of the commander and relief committee of the post of the Grand Army of the Republic having jurisdiction, as provided in sections one and two. Indigent veterans with families, and the families of deceased veterans, shall, whenever practicable, be provided for and relieved at their homes in such city, town or precinct in which they shall have a residence, in the manner provided in sections one and two of this act. Indigent or disabled veterans of the classes specified in section one, who are not insane, and who have no families or friends with whom they may be domiciled, may be sent to any soldiers’ home.
Sec. 6. It shall be the duty of the board of county commissioners in each of the counties of this Territory to designate some proper authority other than that designated by law for the care of paupers and the custody of criminals, who shall cause to be interred the body of any honorably discharged soldier, sailor or mariner, who served in the army or navy of the United States during the late rebellion, or in the war with Mexico in the years eighteen hundred and forty-six, eighteen hundred and forty-seven and eighteen hundred and forty-eight, who shall hereafter die without leaving means sufficient to defray funeral expenses; but the expenses of such funeral shall not, in any case, exceed the sum of thirty-five dollars. If the deceased has relatives or friends who desire to conduct the burial, and who are unable or unwilling to pay the charges therefor, then the said expenses, not. to exceed thirty-five dollars, shall be paid to them, or their representative, by the county treasurer, upon due proof of the death and burial of any person provided for by this section, and proof of expenses incurred.
Sec. 7. That the board of county commissioners of the182
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several counties of this Territory are hereby authorized to levy, in addition to the taxes now levied by law, a tax not exceeding Three-tenths of one mill upon the taxable nropertv ot their respective counties, to be levied and collected as now provided by law for the assessment and collection of taxes for the purpose of creating a fund for the relief of honorably discharged indigent Union soldiers, sailors and mariners, and the indigent wives, widows and minor children of such indigent or deceased Union soldiers, sailors and mariners, to be disbursed for such relief by such board of county commissioners.
Sec. 8. This act shall take effect and be in force from and after its passage and approval by the Governor.
Approved February 2, 1888.
AN ACT
TO PROVIDE FOR THE PAYMENT OF THE EXPENSES OF JUSTICES OF THE SUPREME COURT OF THIS TERRITORY WHILE ATTENDING AND HOLDING THE SAME, AND NOT OTHERWISE PROVIDED FOR BY LAW.
Be it enacted by the Legislative Assembly of the Territory of Washington:
I' at the eIose’ or within a reasonable time theieafter, ot the terms of the supreme court of this Territory the several judges holding such court sha1! each make a certified statement of the expenses necessarily incurred by him in attending and holding the same, and for the payment of winch no provision is made by law, and thereupon the Territorial auditor shall audit the same, and he shall draw a warrant on the treasury of the Territory for the amount of said expense, and the same shall be paid by the Territorial treasurer, out of any money in the Territorial treasury not otherwise appropriated.
Sec. 2. This act shall take effect and be in force from and after its passage and approval.
Approved February 2, 1888.LAWS OF WASHINGTON
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AN ACT
FOR THE PURCHASE OF SUITABLE FILES AND FIXTURES FOR THE PRESERVATION OF THE RECORDS OF THE SUPREME COURT OF WASHINGTON TERRITORY.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That the sum of two hundred and fifty ($250) dollars, or so much thereof as may be necessary, be and hereby is appropriated out of any money in the Territorial treasury not otherwise appropriated, for the purchase of suitable files and fixtures for the preservation of the records of the supreme court of this Territory.
Sec. 2. Upon presentation of proper vouchers by the clerk of the supreme court, approved by the chief justice thereof, the Territorial auditor shall draw his warrant for the amounts thereof, and the Territorial treasurer shall pay the same.
Sec. 3. This act shall be in force from and after its approval by the Governor.
Approved January 28. 1888.
AN ACT
TO PROVIDE FOR THE PUBLICATION AND DISTRIBUTION OF VOLUME THREE OF THE REPORTS OF THE SUPREME COURT OF WASHINGTON TERRITORY.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That the auditor of the Territory be. and is hereby authorized and required to purchase from the publisher. for the Territory, three hundred copies of volume, three of the reports of the decisions of the supreme court of Washington Territory, reported by H. G. Struve, now in progress of publication, at a price not exceeding five dollars per volume.
Sec. 2. Whenever said three hundred volumes, the purchase whereof is authorized by the preceding section, shall have been delivered to the said auditor, he shall draw his warrant upon the treasurer for the said purchase price, to-wit: The sum of fifteen hundred dollars, and also for the freight charges thereon from the place of publication, which warrants shall be delivered to the parties entitled thereto, and payable out of the general fund. A sufficient sum of money for such purpose is hereby appropriated for that purpose.184
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. ^ec?	auditor shall thereupon deliver to the Terri-
torial librarian a sufficient number of copies for such pur-P°se, and the librarian is directed to forward per mail, post paid, to the persons and the number of copies following, to-wit. 1, to the library of congress, two copies; 2, to the secretary of state, war, navy, interior and attorney-general of the Lnited States, each one copy; 3, to each of the judges of the supreme, circuit and district courts of the United States and the court of claims, one copy; 4, to each State and Territory of the Lnited States, one copy; 5, to the Governor, each justice of the supreme court, secretary, auditor, treasurer and United States district attorney for the Territory, one copy each, 6, to the clerk of the supreme court, one copy, and one copy each to each clerk and deputy clerk of the district courts of the Territory, and to each district attorney, probate judge, county auditor, and in the several districts and counties in the Territory, one copy, for the use of their respective offices; 7, the surplus copies to be kept by the auditor of the Territory for distribution as may be provided by law.
Sec. 4. The librarian of the Territory is directed to securely wrap and forward the said copies to the persons and places above named, post paid, and the sum of one hundred dollars, or so much thereof as may be necessary for such purpose, is hereby appropriated for such purpose from the general fund, and the auditor is directed to audit the librarian s bill for such purpose and draw his warrant on the Territorial treasurer therefor, and the treasurer is directed to pay the same.
Sec. 5. This act shall (take) effect and be in force from and after its passage and approval.
Approved February 2, 1888.
AN ACT
TO AUTHORIZE THE SUPREME COURT OF WASHINGTON TERRITORY TO HOLD ADJOURNED TERMS AT SUCH PLACES AND TIMES AS IT MAY DIRECT.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That the supreme court of Washington Territory is authorized to hold adjourned terms for the year 1888 at such times and places in this Territory as it may direct.
Sec. 2. All acts and parts of acts in conflict with this act are hereby repealed.LAWS OF WASHINGTON
185
Sec. 3. This act shall take effect from and after its passage and approval.
Approved February 2, 1888=
AN ACT
RELATING TO SURVEYS AUTHORIZED BY THE CONGRESS OF THE UNITED STATES IN THE TERRITORY OF WASHINGTON.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That any person employed in the execution of any survey authorized by the congress of the United States may enter upon any land within this Territory for the purpose of exploring, triangulating, leveling, surveying, and of doing any work which may be necessary to carry out the object of existing laws, and may establish permanent station marks, and erect the necessary signals and temporary observations, doing no unnecessary injury thereby.
Sec. 2. That if the parties interested cannot agree upon the amount to be paid as damages caused thereby, either of them may petition the court of probate in the county in which the land so entered upon is situated, which court shall appoint a time for a hearing as soon as may be, and order at least fourteen days notice to be given to all parties interested, and with or without a view of the premises, as the court may determine, hear the parties and their witnesses, and assess the damages, if any there be.
Sec. 3. That the person or persons so entering upon land may tender to the injured party damages therefor, and in case of appeal or application to* said probate court the damages finally assessed do not exceed the amount so tendered, the person so entering shall recover costs, otherwise the prevailing party shall recover costs.
Sec. 4. The costs to be allowed in such cases shall be the same and governed by the fees and costs in said court as now allowed by law.
Sec. 5. That if any person or persons shall wilfully deface. injure or remove any signal monument, building, or other property of the United States coast and geodetic survey, constructed or used under and by virtue of any of the acts of the congress of the United States, he or they shall forfeit a sum not exceeding fifty dollars ($50) for each offense, and shall be liable for (any) and all damages sustained bv the United States in consequence of such defacing, injury186
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or removal, to be recovered in any court of competent jurisdiction.
Sec. 6. This act shall take effect and be in force from and after its passage and approval.
Approved February 1, 1888.
AN ACT
TO APPROPRIATE MONEY FOR TERRITORIAL INCIDENTAL EXPENSES OF THE EXECUTIVE OFFICE.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That the sum of live hundred ($500) dollars, oi so much thereof as may be necessary, is herebv appropriated out of any money in the Territorial treasury, not otherwise appropriated by law for Territorial expensesof the executive office.
Sec. 2. The Territorial auditor is herebv authorized to draw warrants on the Territorial treasurer to an amount not exceeding two hundred and fifty dollars ($250) per annum on presentation to him of vouchers duly certified bv the Governor, with the amount that has been expended'for Terri-
1DCldental and contingent expenses of the executive
Sec. 3 The Territorial treasurer is herebv authorized to pay such warrants upon presentation, out of money not otherwise appropriated.	J
Sec. 4. This act to take effect and be in force from and alter its passage.
Approved February 2, 1888.
AN ACT
PRESCRIBING RULES AND REGULATIONS FOR THE EXECUTION OF THE TRUST ARISING UNDER THE ACT OF CONGRESS ENTITLED “AN ACT FOR THE RELIEF OF THE INHABITANTS OF CITIES AND TOWNS UPON THE PUBLIC LANDS,” APPROVED MARCH 1, 1887.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. Whenever any person shall found or lay out a town or city under and by virtue of the act of congress of the United States entitled ^an act for the relief of theLAWS OF WASHINGTON	187
inhabitants of cities and towns upon the public lands,” approved March second, eighteen hundred and sixty-seven, it shall be the duty of such persons to file a duly authenticated plat of such city or town in the office of the county auditor of the county wherein such city or town is situated, within thirty days after the appropriation of the tract of land selected and appropriated for the site of such city or town.
Sec. 2. Within ten days after such plat shall have been filed for record, the county auditor of such county shall notify the corporate authorities of such city or town, if incorporated, and if not incorporated, the probate judge of the county wherein such city or town is situated, that such plat has been filed for record in his office, and shall furnish them or him with a certified copy thereof, and upon the receipt of such notice the corporate authorities or probate judge shall procure and cause to be kept a suitable record book in which to record the claims of occupants of lots prior to the issuance of patent for said site of the city or town.
Sec. 3. Any occupant or occupants of any lot or lots in such town shall be entitled to have his claim recorded in such record, upon the presentation of a written description of the lot or lots claimed by him, and upon the payment of a fee of one dollars per lot for the lot or lots claimed by him or them, and such occupant or occupants shall receive a certificate of such record, duly authenticated by such corporate authorities or probate judge.
Sec. 4. When the corporate authorities of any such city or town, or the judge of the probate court for any county in this Territory in which any unincorporated town may be situate, shall have entered at the proper land office the land or any part of the land, settled and occupied as the site of such city or town, it shall be the duty of such corporate authorities or judge to dispose of and convey the title to such lands, or to the several blocks, lots, parcels or shares thereof, to the persons hereinafter specified.
Sec. 5. Any such corporate authorities or probate judge holding the title to any such land in trust, as declared in said act of congress, shall, by a good and sufficient deed of conveyance, grant and convey the title to each and every block, lot, share or parcel of the same, to the person or persons who shall have, possess, or be entitled to the rights of possession or occupancy thereof, according to his, her or their several and respective rights or interest in the same as they existed in law or equity at the time of the entry of such lands, or to his, her or their heirs or assigns; and when any parcel or share of such lands shall be occupied or possessed by one or more persons claiming the same by grant, lease or sale
...	...... ...w188
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from one or more other persons, the respective right and interest of such persons in relation to each other in the same shall not be changed or impaired by any such conveyance. Every deed or conveyance made by such corporate authorities or probate judge, pursuant to the provisions of this act, shall be so executed and acknowledged as to admit the same to be recorded.
Sec. 6. Within ninety days after the receipt by them or him of a patent for such lands, the corporate authorities or probate judge entering the same shall give public notice thereof by publishing such notice in a newspaper printed and published in the county in which such sity or town shall be situated, or in case there shall not be any newspaper printed and published in said county, then in the newspaper published nearest to said lands. Such notice shall be published once in each week for at least six successive weeks, or thirty days daily; and said notice shall also be posted in six of the most public places in said city or town for thirty days, and the same shall contain a correct description of the lands so entered, as the same is stated in the patent.
Sec. 7. Each and every person, company or persons, corporations or associations, claiming to be an occupant or occupants, or to have, possess or be entitled to the right of occupancy or possession of such lands, or any block, lot, share or parcel thereof, shall, within six months after the first publication of such notice, in person, or by his, her, their or its duly authorized agent or attorney, sign a statement in writing, containing a correct description of the particular parcel or parts which he, she, they or it claim to be entitled to receive, and deliver the same to or into the office of such corporate authorities or probate judge; and all persons failing to sign and deliver such statement within the time specified in this section shall be forever debarred the right of claiming or recovering such lands or any interest or entail therein, or in any part, parcel or share thereof, in any court of law or equitv; provided, that the bar to the right of claiming or recovering such lands, or any interest or entail therein, as in this section provided, shall not apply to minors or insane persons; and provided further, that all applications for conveyances under this act for the benefit of minors or insane persons shall be made bA the guardian or trustee of such minor or insane person, and all applications for such for the benefit of married women shall be made by their husbands, if in this Territory; but in case of the absence of the husband from this Territory,’ or his refusal to make such application, then such married woman may apply in her own name.
Sec. 8. Should two or more persons claim adversely theLAWS OF WASHINGTON	180
title to any lot or lots, or parcels of land within the boundaries of said city or town, the corporate authorities or probate judge having entered the same shall, immediately after the time for tiling claims has expired, certify and transmit all proceedings and papers had or being before them or him in the premises to the district court for the county in which said lot or lots, or parcels of land are situated. Upon the receipt of the papers properly certified, and upon payment of court fee and costs, the clerk of said district court shall enter the case upon the register of actions, the name of the claimant whose claim was first filed with and by such corporate authorities or probate judge being entered upon such register as plaintiff, and the other claimant or claimants as defendant, and thereafter the cause shall proceed in all respects as in cases originally brought in court. The clerk shall, upon the receipt by him of such papers and proceedings, serve upon each claimant, his agent or attorney, a written notice that the claim of such claimant is contested, which notice shall specify the particular lot. block or parcel so contested, and the name of the adverse claimant. Upon the final determination of such contest, the clerk of the district court, or supreme court, as the case may be. shall forthwith certify the decision to the corporate authorities or probate judge; and upon the receipt of such decision, duly certified, the corporate authorities or probate judge shall, as in other cases, make out, execute and deliver to the party or parties in whose favor the decision is made, a conveyance in fee simple for the lot or lots or parcels of land awarded in such decision.
Sec. 9. Any party in such action deeming himself or herself agrieved by the determination or judgment of the district court in such cases, may appeal therefrom to the supreme court, as in other cases.
Sec. 10. After the issuance of the patent for such lands, it shall be the duty of the corporate authorities or probate judge to whom such patent shall issue, to make out, execute and deliver to each person, company, association or corporation, who may be legally entitled to the same, a deed in fee simple, for such part or parts, lot or lots of land, on the payment of his, her, their or its proper and due proportion of the purchase money for such land, together with his, her, their or its proportion of such sum as may be necessary to pay for streets, alleys, squares and public grounds, not to exceed one dollar for each lot. and also the further sums as a compensation for executing and acknowledging such deed of three dollars for the first, and two dollars for each additional lot claimed by the same owner; for counsel fee, and for moneys expended in the acquisition of the title and the administra-190	LAWS OF WASHINGTON
tion of the trust, including reasonable charges for time and services while employed in such trust, not exceeding the sum of two dollars for each lot; provided, that no estimate shall be made for counsel fee, unless the same shall have been actually and necessarily expended; provided, that the deeds made under the provisions of this act for the benefit of minors and insane persons shall be to the guardian or trustee of such minor or insane person, as the case may be, in trust for such minor or insane person.
Sec. 11. Occupation of lots shall be construed to mean occupation by building thereon, and shall in no way be construed to mean actual residence thereon. If all the lots, blocks, shares or parcels of such land are not claimed by the proper owners before the expiration of one year after the same shall have been passed upon by the corporate authorities or probate judge, or in case of contest, within thirty days after such contest shall have been finally determined, the same shall be sold to the highest bidder, the proceeds applied to the erection of public buildings, for the benefit of such city or town, after paying their share of the purchase money and other expenses, including expenses incurred by publication and sale. Notice of the sale authorized by this section shall be published as is provided for in the notice requred by section six of this act; provided, that the provisions of this section shall not apply to the sale of real estate belonging to minors or insane persons, except upon an order of court authorizing such sale, which order may be made by the court upon an ex parte application under oath of the trustee named in this act.
Sec. 12. Any corporate authorities or probate judge becoming a trustee under said act of congress, who shall, prior to the final execution of their trust, as provided in this act, go out of office, shall be, and they are hereby authorized and empowered to discharge and execute all trusts which they may have assumed, in all respects in the same manner and subject to the same conditions, duties and requirements as if they had continued in office.
Sec. 13. In case of death, or ninety days’ absence from the Territory, or other disability of the trustee to execute the trust created by said act of congress, it shall be lawful for the corporate authorities, or probate judge of the district in which any city or town is situated, who may succeed said trustee in office, to assume said trust, and they or he shall be authorized, and they are hereby empowered, to* execute the same in all respects in the same manner, subject to all the duties and requirements as provided in this act.
Approved January 31, 1888.LAWS OF WASHINGTON
191
AN ACT
TO PROVIDE FOR THE ASSESSMENT, LEVY AND COLLECTION OF TAXES UPON THE PROPERTY OF RAILROAD COMPANIES IN THIS TERRITORY.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That the taxes upon the property of railroad companies in this Territory shall hereafter be assessed, levied and collected as the taxes upon the property of individuals in this Territory are assessed, levied and collected, and that all the provisions of law now in force, or that may hereafter be put into operation in this Territory, providing for the assessing, levying and collecting of taxes upon the property of individuals shall, unless otherwise provided, apply and be applicable to the assessing, levying and collecting of taxes upon the property of railroad companies.
Sec. 2. That all the acts or parts of acts in conflict with the provisions of this act be and the same are hereby repealed.
Sec. 3. This act to take effect and be in force from and after the first day of March, A. D., 1888.
Approved January 31, 1888.
AN ACT
FOR THE INCORPORATION OF TOWNS AND VILLAGES IN THE TERRITORY OF WASHINGTON.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. When a majority of the taxable inhabitants of any town or village within this Territory present a petition to the judge of the district court having jurisdiction of real actions in such county, setting forth the metes and bounds of such town or village, together with the adjacent bounds, in all not exceeding in area one square mile, which they desire to include therein, and praying that they may be incorporated, and police established for their local government, and the judge of the district court shall be satisfied that a majority of the taxable inhabitants of such town or village as shown by the last assessment roll of said county shall have signed such petition, such judge of the district court shall cause such petition to be entered in full on the records of such court, together with the names of the petitioners, and shall thereupon make and record an order declaring such town or village duly incorporated, designating192
LAWS OF WASHINGTON
in such order the metes and bounds thereof and the name of such town or village, and thenceforward the inhabitants within such metes and bounds are a body politic and corporate by the name and style of the inhabitants of the town i.or village, as the case may be), of, naming it, and by that name they and their successors shall be known in law, have perpetual succession (unless such corporation be dissolved) sue and be sued, implead and be impleaded, defend and be defended in all courts of law and equity, and in all actions, pleas and matters whatsoever; may grant, purchase, hold and receive property both real and personal, and may lease, sell and dispose of the same for the benefit of such town or village; and may have a common seal, and make and alter the same at pleasure.
Sec. 2. The corporate powers and duties of every town or village so incorporated are vested in a board of trustees, to consist of five members. The first board of trustees must be appointed by such judge of the district court, at the time of declaring such town or village incorporate, and continue in office until their successors are elected and qualified, and such successors must be chosen by the qualified electors residing in such town or village, on the first Monday of April in every year in the manner hereinafter provided.
Sec. 3. Any inhabitant of such town or village may be a trustee, who has resided therein for the period of sixty (GO) days next preceding his election, and who at the time of his election or appointment is a qualified elector of the county in which such town or village is situate; and every trustee so elected shall hold his office for the term of one year, and until his successor is elected and qualified.
Sec. 4. Every trustee before entering upon the duties of his office must take an oath to support the constitution of the United States, and the organic act of the Territory of Washington, and faithfully and impartially to discharge' the duties of his office ;and every board of trustees must assemble within ten days after their appointment or election and choose a chairman from their number. The board of trustees must by ordinance fix the time and place of holding their stated meetings, and may be convened at any time by the chairman.
Sec. 5. At all meetings of the board a majority of the trustees( shall) constitute a quorum to do business, a smaller number may adjourn from day to day and compel the attendance of absent members in such manner and under such penalties as the board of trustees by ordinance have previously prescribed.
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193

Sec. 6. The board of trustees may determine rules for their own proceedings, punish any member or other person for disorderly behavior in their presence, and with the concurrence of four of the trustees, expel or suspend any member, but not a second time for the same offense. They must keep a journal of their proceedings and cause the yeas and nays to be taken and entered on the journal on any ordinance, and their proceedings must be public.
Sec. 7. Said board of trustees shall have power:
1.	To pass by laws and ordinances.
2.	To prevent and remove nuisances.
3.	To regulate and prohibit gambling.
4.	To establish night watches.
5.	To regulate or prevent the firing of fire-arms.
6.	To prevent, restrain and suppress bawdy houses, gambling houses, opium dens, and other disorderly houses, within the limts of such town or village.
7.	To license, regulate, prohibit or suppress dram-shops, tippling-houses, traveling shows, circuses and other exhibitions and shows within such town or village; also, to license and regulate hawkers, peddlers, book agents, patent medicine venders, traveling doctors and street fakirs.
8.	To regulate or prevent furious and unnecessary fast driving or riding of any horse or other animal within such town or village, or such part thereof as they may think proper,
9.	To erect and maintain poor-houses and hospitals.
10.	To provide pest-houses.
11.	To prevent the introduction and spread of contagious diseases.
12.	To prevent and extinguish fires, and for that purpose have power to purchase fire engines and to erect engine houses; to purchase hose carts, hose, hooks, ladders, trucks, buckets, ropes and all other apparatus to maintain a fire department; to provide cisterns, hydrants, water works, or to purchase water for fire purposes from others maintaining-water works in such town or village, in such manner as the trustees by ordinance determine.
13.	To levy and collect from insurance companies doing business in such town or village, a license-tax, for the support of the fire department therein, not exceeding five per cent, of the gross sums paid to insurance companies in such town or village, annually, as premiums.
14.	To provide fire limits within such town or village.
15.	To establish and regulate markets.
16.	To keep in repair and unobstructed from rubbish, filth or other deleterious substance, all highways, streets and alleys within such town or village.194
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17.	To erect, repair and regulate wharves and the rates of wharfage.
18.	To regulate the landing of steamboats, rafts and other water crafts.
19.	To provide for the inspection of lumber, building materials and provisions to be used or offered for sale in such town or village, or to be exported therefrom.
20.	To remove all obstructions from the sidewalks, curbstones, gutters, cross-walks, alleys and open ditches and streams of running water through such town or village, at the expense of the owners or occupants of the ground fronting or abutting thereon, or at the expense of the person placing the same there.
21.	To require and regulate the planting of shade trees in the streets.
22.	To regulate the building of railways, stairways, doors and doorways of any public building, awning posts, or all structures projecting upon or over and adjoining, and all excavations through and under the sidewalks or streets of such town or village.
23.	To have streets and alleys opened graded and repaired and the footways and sidewalks paved or planked at the expense of the occupants of the adjacent lots, or if any such owner or occupant fails to open, repair or pave or plank the same as required by ordinance, such board of trustees may cause the same to be done and may recover the full expense thereof, and the costs of the proceedings to obtain such recovery from such owner or occupant by action in the name of the corporation before any court of competent jurisdiction, and if any tenant be required to open, grade, repair or plank in front of the property occupied by him, the expense thereof is a good set-off against so much rent due the owner; but no tenant can be required to expend more than the rent due, and such charges are a lien upon the property and may be enforced and collected as other liens.
24.	To regulate or restrain the running at large of cattle, horses, hogs, mules, sheep, goats, dogs or other animals, and to cause such as may be running as large to be impounded and sold to discharge the cost and penalties provided for the violations of such prohibitions, and the expense of impounding and keeping the same, and of such sale.
25.	To provide for taxing the owners and harborers of dogs, and to destroy dogs found at large contrary to any ordinance regulating the same.
26.	To provide for the erection of all useful pens, pounds and buildings for the use of the town or village, within or without the limits of the same and to appoint and compensateLAWS OF WASHINGTON
195
the keepers thereof, and to establish and enfoce rules governing the same.
27.	To regulate the storage of gunpowder, dynamite, nitro-glycerine, and all powder and explosives containing nitro glycerine, and all other explosive and inflammable materials and articles dangerous to life and property.
28.	To regulate the construction of and cleaning of fire-places, chimneys, stoves, stove-pipes, ovens, boilers, kettles, forges, furnaces, or any other apparatus used in any building, manufactory or business, which may be dangerous in causing or promoting fires, and to prescribe limits within which no dangerous, obnoxious or offensive business shall be carried on.
29.	To prevent, restrain and suppress riots, noises, disturbances or disorderly assemblies in any street, alley, commons, house or place in the town or village.
30.	To regulate, prevent and punish the carrying of concealed weapons. ,
31.	To provide for the arrest and punishment of all vagrants found within such town or village, and to set at work upon the streets or alleys all persons convicted of vagrancy.
32.	To acquire water rights for the benefit of the inhabitants of such town or village for culinary, domestic or irrigating purposes, for the extinguising of fires, and for all other useful and necessary purposes for which water can be beneficially used for the benefit of the inhabitants of such town or village.
33.	To erect and maintain water works for the purpose of furnishing water to the inhabitants of such town or village, for the extinguishment of fires, and for such purposes to condemn lands, to acquire, by condemnation or otherwise, water ways, springs, streams and water courses, the right of way, and to do all things necessary to enable such town or village to acquire and maintain water works within the limits, not inconsistent with the laws of the United States or this Territory.
34.	To establish and maintain a public reading room and library in such town or village, to be under the management and control of the board of trustees, to appoint a librarian and janitor therefor, and to levy by tax upon the taxable property within such town or village, annually, not exceeding two mills on the dollar, for the purpose of establishing and maintaining such free public reading room and library; said taxes to be levied and collected in the same manner as other taxes are levied and collected in said town or village for general purposes.196
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35.	To make all such ordinances, by-laws, rules, regulations and resolutions, not inconsistent with the laws of the United States or of this Territory, as may be expedient to maintain the peace, good government and welfare of the town or village, and its trade, commerce and manufactures.
36.	To enforce all ordinances by inflicting penalties for the violation thereof, not exceeding three hundred doflars for any offense, recoverable with costs together with imprisonment until the amount of the said judgment and costs are paid.
Sec. 8. The officers of every town or village incorporated under this act shall, in addition to the board of trustees hereinafter provided for, consist of a marshal, clerk, corporation counsel, assessor, treasurer, and street commissioner, and such other subordinate officers as the board of trustees shall from time to time by ordinance provide for. and who shall be appointed by the board of trustees at their first regular meeting after their appointment .or election, and shall hold their offices for one year and until their successors are elected and qualified; and said board of trustees shall have power to fix and regulate by ordinance the salary and fees of all officials specified in this section, at their last regular meeting prior to the appointment of such officers or at the same meeting at which such officers are appointed, and at any time thereafter to prescribe their duties; and said board of trustees shall have power to fill all vacancies that may occur in such offices, and shall require the treasurer of such town or village, and such other officers as they shall in their opinion deem necessary or expedient, to give bonds, with sufficient surety, to be approved by the chairman of the board of trustees, in such sum or sums as they shall deem necessarv to secure the faithful performance of the duties of their respective offices, and security for the proper appropriation of all moneys coining into their hands as such officers.
Sec. 9. The board of trustees have power to appropriate monej and provide for the payment of the debts and expenses of the town or village; and when such board of trustees order any account or demand to be paid, if money has been appropriated for that purpose, and not otherwise, the clerk must draw a warrant upon the treasurer for the amount ordered paid, which warrant must be drawn upon the special or general fund appropriated therefor, and be signed by the chairman of the board of trustees and countersigned by the clerk-piovided, that the board of trustees shall not contract any debt or debts, including existing indebtedness, the sum total of which shall be in excess of four per cent, of the value of the taxable property situate within such town or villageLAWS OF WASHINGTON
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Sec. 10. The board of trustees shall have power to borrow money on the credit of the town or village, and to pledge its credit, revenue and public property for the payment thereof; provided that the board of trustees shall first be instructed so to do by a majority of all the votes cast at an election held in such town or village for that purpose.
Sec. 11. The board of trustees have power to provide for the issuing bonds for the purpose of funding the indebtedness of the town or village. Said bonds must be payable in not more than twenty years from the date of their issue, and must bear interest at a rate not exceeding ten per cent, per annum, with interest coupons attached, payable annually or semi-annually, and to levy taxes upon all taxable property in such town or village in addition to other taxes, for the payment of said coupons as they become due, and such taxes shall be payable only in cash or such coupons. But the bonded and other indebtedness must not at any one time exceed four per cent, of the value of the real and personal property in said town or village, according to the assessment of the preceding year. And no bonds must be negotiated by said board of trustees at less than their par value.
Sec. 12. The board of trustees have power to make provisions for a sinking fund, to pay at maturity the bonded indebtedness of town or village and to levy and collect taxes on all taxable property in said town or village in addition to other taxes for the purpose of paying the same, and to provide that said tax be paid in cash; and whenever any town or village has heretofore issued bonds by virtue of any special authority derived from the legislature of this Territory, the board of trustees have power to levy and collect taxes for the purpose of paying such bonds as is provided in the law giving such authority.
Sec. 13. The board of trustees have power to make any and all improvements of a general nature in a town or village, and for the purpose of paying for the same may borrow money, on such terms as the board of trustees may prescribe, subject, however, to the limitations and restrictions in This act, and for money so borrowed may issue the bonds of the town or village, due in not more than twenty ears from date of their issue, with interest thereon at a rate not exceeding-ten per cent, per annum, with interest coupons thereto attached, payable annually or semi-annually, and may levy and collect taxes upon all the taxable property in the town or village, in addition to other taxes, to pay such bonds at their maturity and the interest coupons as they respectfully (respectively) become due, which taxes must be paid in cash only.
Sec. 14. The board of trustees have power to levy and198	LAWS OF WASHINGTON
collect taxes for general revenue purposes, not to exceed ten mills on the dollar in any one year, on all property within the limits of such incorporated towns or villages, taxable according to the laws of the Territory of Washington, the valuation of such property to be taken from the books or assessment rolls of the county assessor of the county in which
• such town or village is situated for the last preceding assessment.
Sec. 15. The assessor appointed by the board of trustees of such town or village must make a fair and full assessment of all the real and personal and other property within the limits of such town or village, subject to taxation under the laws of this Territory, and he must deliver the same to the board of trustees, and the clerk of said board of trustees must, under the direction of said board of trustees, prepare and deliver to the treasurer of such town or village a duplicate of said tax list, keeping in his office the original list, returned by the assessor as aforesaid, and he may receive therefor such compensation as the board of trustees may prescribe; provided, that the board of trustees shall be a board of equalization, and shall have power to equalize the assessment so made at any regular meeting, after such assessment list is returned, and after having given at least five days public notice of such purpose and meeting in such manner as the board of trustees shall by ordinance prescribe, and the copy of the tax list delivered by the clerk to the treasurer as aforesaid, shall be a copy of the list as equalized by the board of trustees.
Sec. 16. The treasurer of such town or village receiving such duplicate tax list, within ten days thereafter must give notice that the said tax list is in his hands for the collection of taxes; that the taxes, if not paid within three months from the date of such notice, will be delinquent and subject to all the forfeiture and penalties attaching to delinquent taxes under the general laws of this Territory; such notice must be given by publication once in a newspaper published in the town or village, or in case no newspaper is published therein, then by printed or written notices posted in four or more public places within the limits of said town or village.
Sec. 17. Whenever any of said taxes become delinquent as aforesaid, it is the duty of the treasurer of said town or village, to deliver to the marshal of any such town or village a certified list of the delinquent taxes due said town or village. as well for previous years also, and the lots and parcels of land unon which such delinquent taxes are due must be advertised and sold by such marshal for the same time inLAWS OF WASHINGTON
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the same manner and with like effect as lands or lots are sold by the county tax collector, and said marshal (shall) make out certificates of sale, and must make, execute and deliver marshal s deeds for all lots or lands so sold within the same time and in the same manner or (as) is now provided by law when land is sold for delinquent county taxes, and such certificates and deeds have the same force and effect as those made by the county tax collector in case of sales for delinquent county taxes, and all laws of this Territory applicable to sale of lands for delinquent county taxes, so far as the same are applicable and not in conflict herewith, shall govern in sales of lands for taxes under this section. The marshal must forthwith pay over to the treasurer of such town or village all moneys collected by him for such delinquent taxes as aforesaid, and shall receive such compensation as the board of trustees shall by ordinance prescribe.
Sec. IS. The board of trustees have power to purchase, hold and pay for lands, not exceeding bodies of twenty acres, within or without the limits of such town or village, for a cemetery for burial of the dead, and to survey, map, grade, fence, ornament, and otherwise improve such cemetery grounds, and to provide for the expense thereof; to convey cemetery lots by certificates signed by the chairman of the board of trustees and countersigned" by the clerk of said board, and such certificate vests- in the proprietor, (purchaser), his heirs and assigns, a right in fee simple to such lot for the sole purpose of interment. The board may pass rules, regulations and ordinances regulating, protecting and governing said cemetery, the owners of lots therein, and visitors and trespassers thereon. The moneys received from the sale of such cemetery lots must be kept "separate from other moneys belonging to such town or village, and be known as the cemetery fund; and such moneys must be applied in payment for such cemetery ground, when such payment is not otherwise provided for by the board of trustees, and for the improvement and ornamentation thereon.
Sec. 19. The chairman of the board of trustees must cause to be printed and published the by-laws and ordinances of the board, for the information of the inhabitants of the town or village, and cause the same to be carried into effect; and in case of the absence of the chairman of the board from any of the meetings of the board of trustees, such board may appoint a chairman pro tempore, who may for the time being have and exercise the same powers and perform the same duties as the regu’ar chairman.
Sec. 20. All vacancies in the board of trustees must be200
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filled by a special election, called by the board after ten days notice of such special electiop.
Sec. 21. The board of trustees must, as often as may be necessary, appoint three qualified voters to act as an election board, one of whom must act as judge and two as clerks of election, who must control and superintend all elections for trustees or other officers required to be elected under this act.
Sec. 22. The board of trustees must give public notice of the time and place of holding such elections, said notice to be given not less than ten (and) not more than twenty days previous to the election, by posting notices in five of the most public places in said corporation, or by publishing for a period of not less than three weeks in some newspaper published in, and of general circulation in, said corporation, said notices to contain the object and purpose of said election.
Sec. 23. If, on any day appointed for holding any election under the provisions of this act, the judge or clerks of election fail to attend, the electors present may fill such vacancies from among the qualified electors present.
Sec. 24. All persons who are qualified electors in this Territory, residing within the limits of such incorporated town or village, and who have resided within the same for thirty days next preceding the election, are entitled to vote at all elections of town officers, or upon any question submitted to the electors of such town or village by the board of trustees.
Sec. 25. At all elections herein provided for, the polls must be kept open from nine o’clock in the morning until six o’clock in the afternoon.
Sec. 26. That all municipal corporations in this Territory, whether incorporated by this act or by special charter, may extend their boundaries in the following manner: The mayor or chairman of the board of trustees of any such municipal corporation shall present to the tribunal specified in the first section of this act a petition, setting forth specifically the metes and bounds of the land over which it is proposed to extend the boundaries of such corporation, not exceeding one mile on either side of such corporation at any one time, the reason why such extension of boundaries is sought, that such petition had been ordered by the board of trustees or city council of said corporation, and that a majority of the taxable inhabitants of the district included within such proposed extension have petitioned the board of trustees or city council of such corporation to become part thereof, and their petition approved by such board or council, and that notice of the filing of such petition by such mayor or chairman of■■■■■■
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the board of trustees in such tribunal has been given by publication in some newspaper published and of general circulation in such corporation for the full period of three weeks next preceding the filing of such petition, and if no newspaper is published therein, that such notice has been posted for such period of time in four or more of the most public places, in said corporation; and if such judge of the district court to whom such petition is presented shall be satisfied that the statements in such petition are true, the prayer contained in such petition shall be granted and an order made and recorded to that effect, specifying the land or district so added to such corporation, which land or district shall then and there become part of and be included within the limits of such corporation in the same manner and to the same extent as if originally incorporated therein; provided further, that any such corporation may again and from time to time extend its boundaries in the same manner as herein provided for; provided further, that it shall not be competent for any such corporation to extend its boundaries so as to include the whole or any part of any other municipal corporation in this Territory, now or hereafter organized under this act or under any special charter; provided, that no such municipal corporation shall extend its boundaries so as to include more than twenty acres of land belonging to any one person, and not platted into lots, without the written consent of the owner of such land; provided, that any municipal corporation now existing under any special charter may incorporate under this act in like manner as if such special charter did not exist, but in such case the petition provided for in section one of this act shall, in addition to the matters authorized therein required, state the fact of such incorporation under special charter, and such petition shall be deemed a surrender of such special charter, to take effect when organization is complete under this act; provided further, that the corporate authorities of such municipal corporation shall, before such petition is filed, cause an election to be held in such corporation, at which shall be submitted to the qualified electors thereof the question whether or not- such special charter shall be surrendered and the corporation organized under this act; and unless a majority of such voters so vote, such special charter shall not be surrendered, nor the corporation organized under this act. and the fact of such election and majority vote as aforesaid must be alleged in the petition and proved on the hearing thereof, which election shall be held, noticed and conducted in such manner as such municipal corporation shall by ordinance provide; and provided further, that when such municipal corporation is or-202
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ganized under this act, it shall succeed to all of the property, rights, privileges, franchises and easements belonging to the former municipal corporation dissolved by such act, and of which it shall take the place.
Sec. 27. No corporation is dissolved by this act, and all towns and villages heretofore incorporated under the laws of this Territory and not heretofore dissolved by law may continue under their respective charters.
Sec. 28. All acts and parts of acts heretofore passed which conflict with any of the provisions of this act be and the same are hereby repealed.
Sec. 29. This act to take effect and be in force from and after its approval by the Governor.
Approved February 2, 1888.
AN ACT
FOR THE SUPPORT OF THE UNIVERSITY OF WASHINGTON TERRITORY.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That there be, and hereby is, appropriated out of any money in the Territorial treasury not otherwise appropriated, the sum of ten thousand dollars ($10,000) for the payment of salaries of teachers and professors in the literary department of the University of the Territory of Washington for the two years commencing on the first day of January, 1888, and ending on the first day of January. 1890.
' Sec. 2. That there be, and hereby is, appropriated out of the Territorial treasury the further sum of three hundred dollars ($300) to be expended by the regents in the purchase of books for the library of said university.
Sec. 3. That there be, and hereby is, appropriated out of said Territorial treasury the further sum of three hundred dollars ($300) for the purchase of philosophical and chemical apparatus, as well as chemicals, for the use of said university.
Sec. 4. The sum mentioned and appropriated in section one (1) shall be paid in quarterly installments by warrant drawn by the Territorial auditor on the Territorial treasurer in favor of the treasurer of the board of regents. The first quarter shall commence on the first day of January, 1888, and end on the (30th) thirtieth day of March of said year, and so on, in quarterly payments in the manner above provided, during the two (2) years mentioned in section one (1). The sums mentioned and appropriated in sections two and three of the actLAWS OF WASHINGTON	203

shall be drawn on warrants as provided for above in two (2) equal installments, the first to be drawn on the first day of July, A. D., 1888, and the last on the first day of July, 1889.
Sec. 5. Each member of the legislative assembly of this Territory may appoint one person, who may attend the university without payment, of any tuition, in the literary department of the same, for the term of two years from and after the date of appointment. The person appoined must be a bonafide resident of the district of the person appointing, at the time of his or her appointment. For the purpose of this act the term of the person appointing shall commence at the time he is declared elected and end when his succssor is qualified. A copy of the appointment shall be sent to the president of the university, and also one shall be given the person so appointed. The original shall be kept by the person making the appointment. All persons attending the university as students, outside the county of King, during each school year shall have deducted from their tuition the actual cost of their going to and returning from said university to their respective homes.
Sec. 6. All acts and parts of acts in conflict with this act are hereby repealed.
Sec. 7. This act shall take effect from and after its passage and approval by the governor.
Approved January 27, 1888.
AN ACT
TO PROVIDE FOR THE PAYMENT OF WAGES OF LABOR IN THE LAWFUL MONEY OF THE UNITED STATES AND TO PUNISH VIOLATION OF THE SAME.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That it shall not be lawful for any corporation. person or firm engaged in manufacturing of any kind in this Territory, mining, railroading, constructing railroads, or any business enterprise of whatsoever kind in this Territory, to issue, pay out or circulate for payment of wages of any labor, any order, check, memorandum, token or evidence of indebtedness, payable in whole or in part otherwise than in lawful money of the United States, unless the same is negotiable and redeemable at its face value, without discount, in cash or (on) demand, at the store or other place of business of such firm, person or corporation when the same issued, and204
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the person who, or company which may issue any such order, check, memorandum, token or other evidence of indebtedness shall upon presentation and demand redeem the same in lawful money of the United States.
Sec. 2. Any officer or agent of any corporation, or any person, firm or company engaged in the business of manufacturing of any kind in this Territory, mining, railroading, constructing railroads, or any other business or enterprise of whatsoever kind in this Territory, who by themselves or agent shall issue or circulate in payment for wages of labor any order, check, memorandum, token or evidence of indebtedness, payable in whole or in part otherwise than in lawful money of the United States, without, being payable as required by the first section of this act, or who shall fail to redeem this (the) same when presented for payment or demand on said company or its agent, at his or their office or place of business in lawful money of the United States, where the said order, check, memorandum, token or evidence of indebtedness was issued, or who shall compel or attempt to coerce any employe of any such corporation, person, firm or company to purchase goods, wares, merchandise or supplies from any particular person, firm or corporation, shall be guilty of a misdemeanor, and on conviction thereof shall be fined in any sum not exceeding three hundred dollars, or upon failure to pay such fine to be imprisoned in the jail of the county where the misdemeanor is committed until the said fine is exhausted by imprisonment, as provided by the laws of this Territory, for each and every offense.
Sec. 3. And whenever any person or persons, company or corporation is compelled to sue for the recovery of the face value of check, memorandum, token or evidence of indebtedness, issued or circulated for the payment of wages for labor, by reason of the failure of any person, firm, company or person (corporation) issuing the same failing or refusing to pay the same on demand, as provided by the first section of this act, then in such case, if judgment should be granted the plaintiff, the court shall tax an attorney's fee of not less than ten nor more than twenty-five dollars to said judgment, and the further sum of twenty-five dollars as damages to the plaintiff, suffered by the plaintiff by reason of being compelled to sue the said claim; provided, that no plaintiff shall recover more than the face value of his said claim where the payment is refused by reason of a dispute as to the ownership of the said claim, or where it appears satisfactory to the court or jury that the defendant had a sufficient excuse for the refusal of the payment of the said claim; the burden to prove the said sufficient excuse being on the defendant, andLAWS OF WASHINGTON	205

should the court or jury find such sufficient excuse, the same is to be specified in the judgment or verdict of said court or jury.
Sec. 4. This act is not to be construed as affecting any bona fide contract heretofore enterd into contrary to its provisions and existing at the date of the passage hereof, and continuing by reason of limitation of said contract being still in force.
Sec. 5. This act to take effect on and after its approval.
Sec. 6. All laws or parts of laws in conflict with this act be and the same are herby repealed.
Approved February 2, 1888.
AN ACT
TO AUTHORIZE THE ISSUANCE OF DUPLICATE TERRITORIAL WARRANTS IN CERTAIN CASES.
Be it enacted by the Legislative Assembly of the Territory
Section 1. That in case of the loss, or destruction by fire, or other cause, of any Territorial warrant or warrants, issued by the Territorial auditor for the payment of any moneys out of the treasury of the Territory, the said auditor is hereby authorized and empowered to issue a duplicate, or duplicate warrants, in lieu thereof; the said duplicate or duplicates to bear the same number, class or designation in all respects, and to be issued for the same amount as the original, in lieu of which such duplicate shall issue; provided, that the issue of any such duplicate warrant or warrants shall be subject to the provisions of section 2 of this act.
Sec. 2. Before any such duplicate warrant shall be issued, as provided in section 1 of this act, the Territorial auditor shall require from the person making application for the issue of such duplicate warrant, to file in his office a written affidavit, specifically alleging on oath that he is the proper owner, payee or legal representative of such owner or payee of the original warrant for which a duplicate is required, giving the date of issue, the number, amount, and for what services or claim said original warrant was issued; and that the same has been lost or destroyed, and has not been paid; and shall also require the person so making aplication to give a sufficient bond with one or more sufficient sureties, conditioned to save the Territory harmless from the payment of the original warrant and all costs and charges on account thereof.
Sec. 3. The Territorial auditor shall keep a full and com-206
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plete record, for identification, of all warrants alleged to have been lost or destroyed, and of the issue of any duplicate therefor; and upon the issuance of any such duplicate, he shall enter the cancellation, upon the books of his office, of the original warrant, and immediately notify the Territorial treasurer of such cancellation.
Sec. 4. This act shall take effect and be in force immediately after its passage and approval.
Approved January 31, 1888.RESOLUTIONS SESSION OF 1887-8.
COUNCIL JOINT RESOLUTION NO. 1.
Providing for Furnishing Copies of Printed Bills, Resolutions and Memorials to the Governor, Members and Chief Clerk of Both Houses, and to Reporters.
Resolved by the Council, the House concurring, That the sergeant-at-arms of both houses be and they are hereby instructed to furnish to the Governor, several members and chief clerks of both houses, and to reporters of the various newspapers, four copies each of the bills, resolutions and memorials ordered printed by either the house or council of this legislative assembly.
Passed December 12. 1887.
COUNCIL JOINT RESOLUTION NO. 5.
Relative to Joint Committee to A’isit the Penitentiary at Walla Walla.
Whereas, under an act approved January 22d, 1886, provision was made and commissioners appointed for the erection of a penitentiary at Walla Walla, and $60,000 appropriated, together with what is known as the penitentiary fund; and
Whereas, said commissioners were appointed, and erect-’ed said prison; and
Whereas, said act provided—sections 13 and 14: “Sec. 13. It shall be the duty of the Governor, upon receipt of notice from said board of commissioners that the said penitentiary at Walla Walla is ready for occupancy, to cause the Territorial convicts to be removed thereto, by such means and in such manner as he may deem expedient, and all expenses of said removal shall be paid from and out of the general fund, and it is hereby made the duty of the Territorial treasurer to pay such expenses as above provided, upon the warrant of the auditor.208
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Sec. 14. The Governor, upon the removal of said convicts to the penitentiary at Walla Walla, if prior to the next regular session of the legislative assembly, shall appoint such officers and prescribe such rules as may be necessary for the government and discipline of said penitentiary, until the same are provided for by law.” And
Whereas, the report of the commissioners shows that all these things have been done; and
Whereas, the legislative assembly of 1885-6 failed to make the necessary appropriation for the maintenance of said prisoners after their removal; and
Whereas, there is no law now in existence for the government and maintenance of said penitentiary; therefore
Be it resolved by the Council, the House concurring, That a special committee shall be raised, consisting of three members of the council and three of the house, with power to send for persons and papers, and with authority to visit said prison, and to examine all expenditures made by said officers, including commissioners, and present an itemized bill and report back to their respective houses, by bill or otherwise.
Passed December 19. 1887.
COUNCIL JOINT RESOLUTION NO. 8.
For Providing Copies of the Laws of the Territory for the Library.
Resolved bjT the Council, the House concurring, That the auditor of the Territory be requested to furnish to the librarian, for the Territorial library, six (6) copies each of all session laws of this Territory which he may now, or hereafter, have, and six (6) copies of the code, and take the librarian’s receipt therefor.
Passed January 17, 1888.
COUNCIL JOINT RESOLUTION NO. 9.
Resolved by the Council, the House concurring, That the sergeant-at-arms of the council be empowered to expend not exceeding ten dollars for the purchase of type-writer paper for use of the committees and their clerks.
Passed December 21, 1887.LAWS OF WASHINGTON
209
COUNCIL JOINT RESOLUTION NO. 10.
Relative to Appointment of Committee to Visit the Washington School for Defective Youth.
Be it resolved by the Council, the House concurring, That a joint committee of five, three from the house and two from the council be appointed to visit the Washington School for Defective Youth, and report on the third day of January, 1888.
Passed December 21, 1887.
HOUSE JOINT RESOLUTION NO. 1.
In Reference to Joint Committee on Joint Rules.
Resolved by the House, the Council concurring, That the standing committee on rules and orders be instructed to confer with the standing committee on rules of the council, in reference to the adoption of joint rules, and report the result of such conference at an early date.
Passed December 19, 1887.
HOUSE JOINT RESOLUTION NO. 2.
Authorizing the Governor to Appoint a Messenger During the Session of the Legislative Assembly.
Resolved by the House, the Council concurring, That the governor be and he is hereby authorized to employ a messenger to attend upon the executive chamber during this session, with like compensation as is paid to messengers of the legislative assembly.
Passed December 13, 1887.
HOUSE JOINT RESOLUTION NO. 3.
Accepting the Invitation of the Board of Trustees, Hospital For Insane, to be Present at the Opening of the New Asylum Building, and Providing For the Appointment of a Committee to Arrange For Transportation.
Whereas. The board of trustees of the Hospital for Insane have invited the members of this legislative assembly to210
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be piesent at the formal opening of the new asylum building at ± ort Steilacoom, on Thursday, December 15, 1887;
Now therefore, be it resolved by the House, the Council concurring, That this assembly accept the invitation of the board of trustees, to be present at said date, and that a joint committee, consisting of two members of the house and one member from the council, be appointed to make suitable arrangements for the transportation of the members and offi-cers of this assembly, the governor and the Territorial officers and reporters of the various newspapers, thereto and return.
Passed December 14, 1887.
HOUSE JOINT RESOLUTION NO. 4.
Relating to the Appointment of a Joint Committee to Visit Coal Mines.
. V hereas, The standing committee on mines and mining rTlui.red t0 rePort uP°n bills of great importance relating to coal mines; and	1
S,’id	are unable to make an intelli-
gent lepoit bi reason ot their limited knowledge concerning such mines; and	8
M hereas, The governor in his message stated that a Ehw?' f°r the comPnation and adoption of a code of . , .“T b.e res0h’0d by the House, the Council con-umng, That a joint committee of six, four on the part of the louse and two of the council, be appointed bv the speaker of
house and The president of the council respective! v and mt it shall be the duty of said committee to visit at least two and not to exceed three of the nearest coal mines in this Terri- '
jn active operation, and to report to this legislative as-fTb 5 *WS lf deemS necessary for the proper regulation oi such mines, or other mines in this Territorv and to further report any other information deemed of interest and t lat such committee shall be granted a leave of absence for ^resolution ial1 be	f° a^P1^ the objects of
Passed December 20, 1887.LAWS OF WASHINGTON
211
HOUSE JOINT RESOLUTION NO. 5.
In Relation to Holiday Adjournment.
Resolved by the House, the Council concurring, That when the two houses adjourn on Wednesday, December 21, 1887, that they stand adjourned until two o’clock Monday afternoon, January 2, 1888.
Passed December 20, 1887.
HOUSE JOINT RESOLUTION NO. 7.
In Relation to Appropriations.
Resolved by the House, the Council concurring, That the committee on ways, means and claims, of the council, constitute, with the committee on ways, means and claims of the house, a joint committee upon ways, means and claims, to provide and report by bill or bills such general appropriations as may be necessary for the ensuing two years.
Passed January 19, 1888.
HOUSE JOINT RESOLUTION NO. 8.
Instructing the Regents of the University to Make a Full Exhibit of Its Assets to the Next Legislature.
Resolved by the House, the Council concurring, That the regents of the Territorial University of the Territory of Washington be instructed to make a full exhibit of the assets of the said university to the next legislature that shall convene at the capitol of this Territory. Said exhibit shall show the amount of land belonging to said university, and the location of the same, also the character and probable value of said land. The money on hand, money loaned, what interest it is drawing, and the characters of the securities taken. They shall also show, bv furnishing a transcript of the records, the characters of the title the Territory has to the ten acres on which the university is located.
Passed February 2. 1888.SESSION ACTS OF 1885-6
AN ACT
TO AMEND THE COMMON SCHOOL LAW OF THE TERRITORY OF WASHINGTON
TITLE I.
Superintendent of Common Schools.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That a superintendent of public instruction shall be appointed by the Governor, by and with the advice and consent of the legislative council, and shall enter upon the duties of his office on or before the first Monday in March next following his appointment, and shall hold his office for the term of two years or until his successor is appointed and qualified, and shall execute a bond in the penal sum of two thousand dollars, with two good and sufficient sureties to be approved by the Territorial auditor conditioned for the faithful discharge of his or her official duties. No person shall be eligible to the office of superintendent of public instruction unless such person shall be the holder of a first grade Territorial certificate or Territorial diploma, and shall have taught in the public schools of the Territory for at least one vear prior to the date of his appointment.
Sec. 2. The superintendent shall have general supervision of public instruction, especially of the county and district school officers and the public schools of the Territory, and shall report to the Governor biennially on or before the first day of November of the years in which the regular sessions of the legislature are held. The Governor shall transmit said report to the legislature, and whenever it is ordered printed a sufficient number of copies shall be delivered to the superintendent of public instruction to furnish two copies to be deposited in the Territorial library, and one copy to each county superintendent of common schools, to be held by him as public property, and delivered to his successor in office, and one copy to each district school officer within the Territory. Said report shall contain a statement of the condition of the Territorial university and public schools in the Terri-214
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tory, full statistical tables, by counties, showing among other statistics the number of schools and average attendance; the number attending private schools, the amount raised by county and district taxes, or from other sources of revenue for school purposes, the amount expended for salaries of teachers and for building and furnishing school houses, and the statement of the plans for the management and improvement of schools, together with such other facts as he may deem proper to collect for the information of the legislature.
Sec. 3. The superintendent of public instruction shall superintend the printing and transmitting of such blanks, forms, rules and regulations for the use and government of the public schools, school officers and teachers, as the board of education may authorize, together with questions prepared for the use of the county boards in the examination of teachers, and shall pay for them out of the funds allowed for his expenses.
Sec. 4. It shall be the duty of the superintendent of public instruction to travel in the different counties of the Territory, where common schools are taught, so far as possible without neglecting his other official duties as superintendent of public instruction, during at least three months in each year, for the purpose of visiting schools, of consulting with county superintendents, and addressing public assemblies on subjects pertaining to public schools.
Sec. 5. The superintendent of public instruction shall keep his office at some place where there is a postoffice, and he shall receive a salary of seven hundred and fifty dollars per annum, which shall be paid quarterly out of the Territorial treasury. He shall also submit, quarterly, a statement of expenditures for traveling expenses, stationery, postage and other necessary expenses connected with his office, which shall be audited by the Territorial auditor, who shall issue a warrant on the Territorial treasurer for the payment of such amounts as shall be found to have been properly incurred; provided, that said expenditures shall not exceed five hundred dollars in any one year.
Sec. 6. The superintendent of public instruction shall, at least once a year, hold a Territorial teachers’ institute in and for each judicial district in this Territory, over which he shall preside, at such time and place as he may determine upon, which Territorial institute shall continue in session not less than three days, and he shall, so far as practicable, aid in establishing county institutes.
Sec. 7. The superintendent of public instruction shall be ex-officio president of the board of education.
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of his office the superintendent shall subscribe, before an officer authorized to administer oaths, the following: “I do solemnly swear (or affirm) that I will support the constitution of the United States, the organic act of the Territory, and that I will faithfully discharge the duties of the office of Territorial superintendent of schools according to law, and to the best of my knowledge and ability: so help me God.” Which being duly attested, shall be filed with the Territorial auditor.
Sec. 9. The superintendent shall, at the expiration of his term of office, deliver over, on demand, to his successor, all property, books, documents, maps, records and other papers belonging to his office, or which may have been received by him for the use of his office.
TITLE II.
Board of Education.
Sec. 10. The Governor shall appoint, by and with the advice and consent of the legislative council, one suitable person from each judicial district, who, together with the Territorial superintendent, shall constitute the Territorial board of education, who shall hold their office for two years from the first Monday in March next following their appointment. They shall be notified of their appointment in the same manner as may be prescribed by law for giving notice to other Territorial officers and within twenty days after receiving such notice, shall qualify by taking a similar oath to that required by this act to be administered to the superintendent of public instruction, which, being duly attested, shall be filed with the Territorial auditor. They shall serve until their successors are appointed and qualified.
Sec. 11. The meetings of the board shall be held annually, at the Territorial capital, on the second Monday in July, and the board may hold such other meetings as they may deem necessary for the transaction of the public business; t provided, that the aggregate expenses of the board shall not, by reason of such meeting, be made to exceed the sum appropriated to the use of the board.
Sec. 12. Said board shall have power—
First—To adopt or re-adopt at their regular meeting in July a uniform series of text books throughout the Territory, whenever they can secure an exchange of the books, at any time in use, for those of the same grade, an exchange of those of a lower grade for those of the next higher grade without n greater average cost to the people than two-fifths of the216
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contract retail price of rhe books in use at the time of the adoption; and enter inro contracts with publishers for the supply of the same, to take effect on the first of the following September, and the books so adopted shall not be changed within live years thereafter, unless the publishers of such adopted books shall cause the price agreed upon to be increased, or shall thereafter publish books of an inferior quality. Before making any adoption the board shall advertise for at least sixty days in one paper in each judicial district, of general circulation, that they will receive sealed proposals for the supply of text books to the people of the Territory. Said advertisements shall state the day and hour upon which such proposals shall cease to be received. It shall also name all the kinds of books for supply of which proposals are invited and be signed by the president and secretary of the board, and that said proposals so advertised for shall state the price at which the books proposed shall be exchanged for the books in use at the time of making such proposal, and it shall state the wholesale price which shall be maintained in the Territory, and also the uniform retail price which shall be maintained in every county in the Territory during the time the books shall continue in use. Said proposals shall be marked “Sealed proposals to furnish text books for The schools of Washington Territory,” and shall be addressed to the secretary of the board of education, and shall not be opened before the hour advertised, nor in the presence of less than three members of the board. Immediately upon the opening of the bids they shall be read in open board, and adoption of books and award of contract shall be made within ten days following. No books shall be adopted without a majority vote of the whole board; provided, that nothing in this section shall be so construed as to compel the board to adopt or re-adopt any series of books for which no satisfactory proposals have been made. The publishers, awarded the contract by the board, shall guarantee all the terms of the proposal on which it is made by a bond, with two or more sufficient sureties for its faithful performance, and shall cover such a period as the books may remain in use. Said bonds to be approved by the board.
Second—To prescribe rules for the general government of the public schools, that shall secure regularity of attendance, prevent truancy, secure efficiency and promote the true interest of the school; they shall prepare and distribute or cause to be prepared and distributed to the various county superintendents in the Territory, blank forms for the reports of teachers, directors, county superintendents and for other necessary purposes. The board shall have the general super-
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vision of the Territorial normal school whenever the same shall be established by law.
Third—To use a common seal, and elect one of their own members secretary.
Fourth—To order all printing that may be necessary to carry into effect the provisions of this act.
Fifth—To sit as a board of examination at their annual meetings and grant Territorial certificates and diplomas. Territorial certificates shall be granted only to such applicants as shall file with the board satisfactory evidence that they have taught successfully twenty-seven months, at least nine months of which shall have been in the public schools of this Territory. The applicant must also either pass a sat-nine months of which shall have been in the public schools isfactory examination in all the branches required by law to be taught in the public schools of this Territory, or file with the board a certified copy of a diploma from some state normal school, or of a state or Territorial certificate from some state or territory, the requirements to obtain which shall not have been less than those required by this act. Territorial certificates shall be valid for five years, and shall entitle the holder to teach in any public school in the Territory. They may be revoked at any time for cause deemed sufficient by the board, and may be renewed without examination. Life diplomas shall be granted only to such applicants as shall file with the board satisfactory evidence that they have taught successfully for ten years, not less than one of which shall have been in the public schools of this Territory. In other respects the requirements shall be the same as those required for Territorial certificates: but life diplomas shall be valid during the life of the holder, unless revoked for cause deemed sufficient by the board, and shall entitle the holder to teach in any public school in the Territory. The fee for Territorial certificates shall be six dollars, and for life diplomas ten dollars. Said fees must be deposited with the application, and cannot be refunded to the applicant unless the application be withdrawn before it has been considered by the board. The fees collected shall be used for the payment of the incidental expenses of the board of education.	n ,
Sec. 13. It shall be the duty of the board of education to prepare annually a uniform series of questions to be used by the county board of examination in the examination of teachers of the Territory.
Sec. 14. All certificates granted by the board of education may be revoked for immoral or unprofessional conduct.———--——
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Sec. 15. All needed stationery for the use of, and any printing authorized by the board, as well as all necessary traveling expenses of the members of the board, incurred in going to or returning from the place of meeting, shall be paid out of the Territorial treasury, the accounts for the same to be presented by direction of the board, duly certified by the Territorial superintendent to the Territorial auditor, to be first audited and allowed by him and then certified to the Territorial treasurer for payment. Each member of the board shall receive four dollars per day for the time actually employed in traveling to, attending and returning from, the meeting of the board; provided, that the expenses of the whole board shall not exceed the sum of five hundred dollars in any one year.
Sec. 16. Whenever any vacancy in the board shall occur whether by death, removal, resignation or otherwise, the Governor shall fill the vacancy by appointment. All males and females over the age of twenty-one years, having the qualifications named in this act, shall be eligible to hold, or be elected to any office under this act.
TITTLE III.
C o u n t y Superintendent.
Sec. 17. A county superintendent of common schools shall be elected in each county of the Territory at each general election, who shall take the office on the second Monday in January next succeeding his election, and hold for two years, or until his successor is elected and qualified. He shall take the oath or affirmation of office, and shall give an official bond to the county in a sum to be fixed by the board of county commissioners. The county commissioners of each county shall fill any vacancy that may occur in the office of county superintendent until the next general election.
Sec. 18. The county superintendent shall, on or before the first Monday in February and August of each year, ap--portion all school moneys to the school districts, in accordance with the provisions of this act. He shall certify to the several district clerks, the county treasurer and county commissioners the amounts so apportioned to the several districts; and the directors shall draw their warrants on the county treasurer in favor of persons entitled to receive the same. Such warrants shall show for what purpose the money is required.
Sec. 19. Each county superintendent shall have the power and it shall be his duty—LAWS OF WASHINGTON
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First—To visit each school in his county once a year.
Second—To distribute promptly all reports, laws, forms, circulars and instructions which he may receive for the use of the schools and teachers.
Third—To report to the superintendent of public instruction, annually, on the first day of August, for the school year ending June thirtieth, next preceding, giving the number of children of school age, the number of school houses, the number of school districts, the amount of money apportioned each year, the amount paid to teachers, the amount paid for school houses and furniture, and any other matter of interest connected with schools, or with the conduct and management of schools.
Fourth—To enforce the course of studies adopted by the board of education, and report to the superintendent of public instruction, the refusal of any board of directors to comply with clauses two and nine, of section 38 of this act.
Fifth—To enforce the rules and regulations required in the examination of teachers.
Sixth—To keep on file and preserve in his office the biennial report of the superintendent of public instruction.
Seventh—To keep in a good and well bound book, to be furnished by the county commissioners, a record of his official acts.
Eighth—To carefully preserve all reports of school officers and teachers, and at the close of his term of office deliver to his successor all records, books, documents and papers belonging to the office, taking a receipt for the same, which shall be filed in the office of the county auditor.
Sec. 20. If the county superintendent fails to make a full and correct report to the superintendent of public instruction, of all statements required by law, he shall forfeit the sum of fifty dollars from his salary, and the board of county commissioners are hereby authorized and required to deduct therefrom the sum aforesaid, upon information from the superintendent of public instruction that such reports have not been made.
Sec. 21. The county superintendent shall have power to administer oaths and affirmations to school directors, teachers and other persons, in all official matters connected with or relating to schools, but shall not make or collect any charge or fee for so doing, and shall be eligible to teach any school in the county in which he is selected to hold office.
Sec. 22. The county superintendent shall have power and it shall be his duty to appoint directors and district clerk for any district which, from any cause, fails to elect at the regular time; to appoint directors and district clerk to fill220
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vacancies, to appoint directors and district clerks for any new districts; provided, however, that when any new district is organized such of the directors and district clerk of the old district as reside within the limits of the new one, shall be directors and district clerk of the new one, and the vacancies in the old district shall be filled by appointment; that the county superintendent shall have power to call a school meeting at the request of a majority of the legal voters, when in his opinion the interests of education require it; provided, that said request for such school meeting be first laid before the directors of the district, and action be thereon refused by them.
Sec. 23. It shall be the duty of the county superintendent to inquire and ascertain whether the boundaries of school districts in his county are definitely and plainly described in the records of the county comimssioners, and if such boundaries are not plainly described on such records, then it shall be his duty to furnish to said board of county commissioners accurate boundaries of all school districts; and he shall keep in his office a full and correct transcript of such boundaries. In case the boundaries of districts are conflicting or incorrectly described he shall change, harmonize and describe them, and make a report of said action to the county commissioners; and on being ratified by the county commissioners the boundaries and description so made shall be legal boundaries and descriptions of the districts of the county. The county superintendent shall furnish the district clerks with descriptions of the boundaries of their respective districts.
Sec. 24. Every county superintendent shall receive a salary of two hundred dollars per-annum, and when the number of scholars shall exceed five hundred, then he shall re ceive the sum of five dollars for each additional one hundred scholars and three dollars for each school visited once during the year, together with mileage at the rate of ten cents per mile for going to and returning from said school, to be paid quarterly in the same manner as the salaries of other county officers, upon his certifying to the county commissioners that he has actually discharged the duties required.
Sec. 25. Each county superintendent shall call to his assistance two persons holding the highest grade certificates in his county, and such persons, with the county superintendent, shall constitute a board for the examination of teachers. It shall be the duty of the county board of examination to be at the county seat on the second Wednesday of the months of May and November, for the purpose of examining teachers; the superintendent shall give ten days’ notice of the sameLAWS OF WASHINGTON
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by posting up hand bills or otherwise; the superintendent shall also, at such time and place, transact such other business as properly appertains to his office. And any person or district applying on different days for the transaction of such business, shall pay the superintendent a reasonable compensation for his trouble, not exceeding the sum of two dollars. A proper allowance shall be made out of the county treasury for the necessary books, stationery and postage for the county superintendent’s office; provided, that such persons called to the assistance of the county superintendent shall receive three dollars per day for the time actually employed, and mileage at the rate of ten cents per mile; provided further, that an examination which may take place in any of the counties prior to the passage of this act, or the knowledge thereof, shall be valid; or when advertisement of said examination shall have been made prior to the passage of this act, or knowledge thereof of said examination shall be valid until the succeeding examination, as prescribed in this act.
Sec. 26. There shall be three grades of county certifi cates, first, second and third. Unless revoked for cause, first grade certificates shall entitle the holder to teach for three years; second grade for two years and third grade for one year. No first grade certificate shall be granted until the applicant shall have filed with the county superintendent satisfactory written evidence of having taught successfully one school year of nine months. Boards of examination may in their discretion issue certificates without examination to the grades of the normal department of the University of Washington Territory, or to any applicant, presenting"a certified copy of a certificate of like grade, issued in this or any other state or territory. Those holding first grade county certificates and who shall have been actually engaged in teaching for three years, shall be eligible to examination for first grade territorial certificates; provided, that the county superintendent may upon proper examination grant permits to such persons who may desire to teach in his county, who were not residents of the county, or who were unavoidably absent from the meeting of the county board of examination, and all permits so granted shall be good until the next meeting of the board; provided, that any teacher holding a certificate in force and effect granted by any county board of examination in this Territory shall be entitled to exercise all of the duties of teacher in any county of this Territory upon presenting said certificate to the county superintendent of the county in which said certificate is desired to be used, whose duty it shall be to endorse it and said certificate shall be in full222
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force and effect until the next meeting of the county board of education.
TITLE IV.
School District.
Sec. 27. For the purpose of organizing a new district, or for the sub-division of, or change in the boundaries of an old one, except as provided in section twenty-three, at least five heads of families, residing within the boundaries of the proposed new district, must present a petition to the county superintendent, setting forth the boundaries of the new district asked for, or the change of the boundaries desired, with reasons for the same. The county superintendent shall give notice to parties interested by posting notices twenty days prior to the time of hearing in one of the most public places of the proposed new district, or change in the old one, and one on the school house of each district affected by said change, or if there be no school house, in one of the most public places of said district, and on the day fixed in the notice proceed to hear said petition, and if he deems advisable, to grant it and make an order fixing said boundaries. He shall report his action to the board of county commissioners, at their next regular session, and if they approve the same they shall cause to be entered in their minutes an order confirming said action and describing said boundaries. Said county superintendent shall post notices as provided above, of the hearing by said board of county commissioners upon his said action.
Sec. 28. No new district formed by the sub-division of an old one shall be entitled to any share of public money belonging to the old district, until a school has actually commenced by such new district; and unless within eight months from the action of the county superintendent and countv commissioners. as provided in section 27, a school is opened, the action making a new district shall be void, and all elections or appointments of directors made in consequence of such action, and all rights and office of the parties so elected or appointed, shall cease and determine; and all taxes which may have been levied in such old district, shall be valid and binding upon the real and personal property of new districts, and shall be collected and paid into the school fund of the old district.
Sec. 29. When a new district is formed, by the division of an old one, it shall be entitled to a just share of the school moneys to the credit of the old district after the payment ofLAWS OF WASHINGTON
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all outstanding debts at the time when school was actually-commenced in such new district, and the county superintendent shall divide and apportion such remaining moneys, and such as may afterwards be apportioned, to the old district according to the number of school children resident in each district, for which purpose he may order a census to be taken.
Sec. 30. Whenever a district is formed, lying in two adjoining counties, the clerk of the district shal 1 report to each county superintendent the number of children in the district residing in his county. In the same manner the directors and teachers shall make a distinct and separate report of all school statistics, and a teacher's certificate granted by the county superintendent of one county, shall be valid in either county.
Sec. 31. No school district shall be entitled to receive any apportionment of county school monevs unless the teachers employed in the schools of such district shall hold legal certificates or permits of fitness for the occupation of teaching, in full force and effect.
Sec. 32. No school districts shall be entitled to receive any apportionment of county school moneys which shall not have maintained public school for at least three months, during the preceding year; provided, that any new district formed by the division of an old one shall be entitled to its just share of school moneys when the time that school was maintained in the old district before division, and in the new one after division, shall be equal to at least three months.
Sec. 33. Districts having less than fifteen scholars between the ages of six and twenty-one years, shall be exempted from the requirements of the preceding section and may, by organizing and reporting to the superintendent according to law, draw their school money, without being required to comply with the provisions of the school law any further than the said organization, necessary report and regular enumeration of children are concerned and in such district two legal voters shall constitute a quorum to do business; provided, that no warrant shall be drawn on the county treasurer for any money except the payment of teachers and if no school be kept for at least three months in such district during the period of two years, the money so apportioned to the district shall revert to the general school fund of the county.
TITTLE V.
School Directors.
Sec. 34. The board of directors of each school district224
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shall have custody of all school property belonging to the district, and shall have power, in the name of the district or in their own names as directors of the district to convey by deed all the interest of their district in or to any school house or lot directed to be sold by vote of the district, and all conveyances of real estate made to the district, or to the directors thereof, shall be made to the board of directors of the district and to their successors in office; said board in the name of the district shall have power to transact all business necessary for maintaining schools and protecting the rights of the district.
Sec. 35. An annual school meeting for the election of school directors and district clerk shall be held in each district on the first Saturday in November of each year, at the district school house, if there be one and if there be none or more than one, at a place to be designated by the board of directors. The directors shall post or cause to be posted written or printed notices thereof, specifying ’the day, time and place of meeting. All elections shall be by ballot, and the directors shall have power to determine the house in which the ballot box shall be kept open, having given due notice thereof in the posted notices of election. Every inhabitant, male or female, over the age of twenty-one years, who shall have resided in the school district for three months immediately preceding any district meeting, and who shall have paid, or be liable to pay any tax, except poll or road tax in said district, shall be a legal voter at any school meeting, and no other person shall be allowed to vote; and persons offering to vote may be challenged by any legally qualified school elector of the district, and the chairman of the board of directors shall thereupon administer to the person challenged an oath, in substance as follows: “You do swear (or affirm) that you are a citizen of the United States, or have declared your intention to become such; that you are twenty-one years of age, according to the best of your information and belief; that you have resided in this district ninety days next preceding the election, and that you are a taxable resident of this school district, exclusive of road or poll tax, and that you have not before voted on this day.” If he shall refuse to take oath his vote shall be rejected. Any person guilty of illegal voting, shall be punished as provided in the general election law of the territory. The directors shall be the judges and inspectors of the election, and if they are not present at the time of opening the polls, then the electors present may appoint the officers of the election; a poll and tally list shall be kept by the clerk of the board of directors; and with the exceptions mentioned in this section, the elections shall be conducted as farLAWS OF WASHINGTON
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as practicable in the form and manner of the general election. Any one of the old directors shall have power to administer to any director elect the oath of office, and the clerk of the election shall issue the certificate of election to any director elect, who shall forward it, with the oath attached or endorsed thereon, to the county superintendent of public schools.
Sec. 36. In all organized districts in which elections have been previously held, one director shall be elected for the term of three years, and if any vacancies are to be filled, a sufficient number to fill them for the unexpired term, and the ballot shall specify the respective terms for which each director it to be elected. In new districts, acting under directors appointed by the county superintendent, three directors shall be elected for one, two for three years, respectivley; directors elect shall take office immediately after qualifying; and shall hold office until their successors are elected and qualified; any director elect who shall fail to qualify within ten days after being elected, shall forfeit all right "to the office, and the county superintendent shall appoint to fill the vacancy until the next annual school meeting.
Sec. 37. Whenever a new district is formed by the county superintendent and ratified by order of the board of county commissioners, within thirty days thereafter a special school meeting may be called by notice of any three legal voters of said district, and such meeting shall be conducted in a manner and form prescribed in this act, for the annual school meeting for the election of directors. Such new district shall be considered organized whenever two of the directors shall have qualified and the record of the district clerk shall be prima facie evidence of the legal organization of the district, and the district shall be designated by number.
Sec. 38. Every board of directors, unless otherwise specially provided by law, shall have power and it shall be their duty:
First—To employ and for sufficient cause dismiss teachers, mechanics and laborers; and to fix, alter, allow and order paid their salaries and compensation.
Second—To enforce the rules and general regulations of the Territorial board of education for the government of schools, pupils and teachers, and to enforce the course of studies adopted by the board of education.
Third—To provide and pay for school furniture and apparatus and such other articles, materials and supplies, as may be necessary for the use of the school.
Fourth—To suspend or expel pupils from school, and in226
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cities and towns to exclude from school all pupils under five years of age.
Fifth—To rent and furnish school houses.
Sixth—To build or remove school houses, purchase and sell school lots or other real estate when the directors are directed by a vote of the district so to do.
Seventh—To purchase personal property in the name of the district, and to receive, lease and hold for their district any or all real or personal property.
Eighth—To provide books for indigent children on the written statement of the teacher that the parents of such children are unable to purchase them.
Ninth—To require all pupils to be furnished with such books, as may have been adopted by the territorial board of education, as a condition to membership to the school.
Tenth—To exclude from school and from school libraries, all books and papers of sectarian or partisan character.
Eleventh—To open the school room for the use of summer and night schools, religious, political, literary, scientific, mechanical or agricultural societies and none other, under such regulations as the board of directors may adopt.
Sec. 39. Any board of directors shall be liable as directors in the name of the district for any judgment against the district for any salary due any teacher and for any debts legally due, contracted under the provisions of this act, and they shall pay such judgment or liability out of the school funds only, to the credit of the district.
Sec. 40. Any board of directors shall have power to make arrangements with the directors of an adjoining district for the attendance of such children in the school of either district as may be best accommodated therein, and to transfer the school money due by apportionment to such children to the district in which they may attend school.
TITLE VI.
School District Clerks.
Sec. 41. It shall be the duty of the district clerk to record all proceedings of the annual meetings, or special school meetings, and to keep accurate and detailed accounts of all receipts and expenditures of school money. At each annual school meeting the district clerk must present his record book for public inspection, and shall make a statement of the financial condition of the district, and of the action of the directors; and such record must always be open for public inspection.LAWS OF WASHINGTON
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Sec. 42. It shall be the duty of the district clerk to take, annually, between the tenth and thirtieth of June of each year, an exact census of all children and youth between the ages of five and twenty-one years, residing in the district, and shall specify the number and sex of such children, and the names of their parents or guardians. He shall state, specifically and separately, a census of all children under five years of age, and shall specify the number and sex of such children; but all children who may be absent from home, attending boarding school or any public or private schools or seminaries of learning, shall not be included by the school district clerk in the census list of the city, town or district where they may be attending such private institutions of learning, but ihev shall be enumerated in the district where their parents reside. He shall make a full report thereof, on blanks furnished for that purpose, under oath, to the county superintendent, on or before the first day of July thereafter, and deliver a copy to the school directors.
Sec. 43. The clerk of each district shall provide all school supplies authorized by the board of directors and shall keep the school house in repair and shall keep an accurate record of all expenses incurred by him on account of the school which account shall be audited by a majority of the board of directors and paid out of the district school fund.
Sec. 44. It shall be the duty of every district clerk to report to the county superintendent, at the beginning of each term, the name of the teacher and the proposed length of the term, and supply the teacher with a school register.
Sec. 444. The school clerk shall be paid three dollars per day for time actually and necessarily spent in taking the census, to be determined and paid by the directors out of the funds of the district and shall receive such other compensation for other services as may be allowed by the board of directors. Said account to be audited by the directors of said district.
TITLE VII.
District Meetings.
Sec. 45. District school meetings, annual or special, shall be held at such time as may be designated in the notice therefor, and in all districts the'polls shall be kept open at least four hours; provided, that the polls shall in no case be open before 9 o’clock a. m., nor keep open later than 8 o’clock p. m.; Provided further, that for such meetings, twenty days notice shall be given by posting written or printed notices228
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thereof, in five public places in such district, one of which notices shall be posted at the place of holding such meeting.
TITLE VIII.
Teachers.
Sec. 46. Every teacher employed in any public school shall make a report to the county superintendent, “at the; time ot the contract to teach such school the number of the d trict in which he is to teach, the grade of his certificate, date it expires, and the proposed length of term, and at the c . of any school in the form and manner and on the blanks prescribed bv the board of education. A duplicate of said repoil shall be furnished to the district clerk. Any teacher who shall end any term before the close of the school year, sha make a report to the county superintendent immediately after the close of such school term; and any teacher who may be teaching any school at the close of the school year shall, in his or her annual report, include all statistics from the school register for the entire school year, notwithstanding any pie-vious report for a part of the year. No board of directors shall draw anv order or warrant for the salary of any teachei for the last month of his or her service, until the reports herein required shall have been made and received ; provided, that in all schools acting under the direction of a city superintendent. the report of such superintendent shall be accepted by the countv superintendent and directors, in lieu of teacher s report; and that when there is no city superintendent the report of the principal shall be accepted in lieu of teachei s reP°Sec 47. Every teacher shall keep a school register, in the manner provided therefor, and no board of directors shall draw any warrant for the salary of any teacher for the last month of his or her service in the school, at the end of any term or year, until they shall have received a certificate from the district clerk that the said register has been properly Kept, the summaries made and statistics entered, or until, by personal examination, thev shall have satisfied themselves tha it has been done. Teachers shall faithfully enforce in school the course of study and regulations prescribed by law, and if anv teacher shall wilfully refuse or neglect to comply with su elf regulations, then the board of directors shall be authorized to withold any warrant for salary due, until such teacher shall comply therewith. No teacher shall be entitled to draw for salary or school moneys unless such teacher shall be employed by a majority of the directors, nor unless theLAWS OF WASHINGTON	22a
holder of a legal teacher's certificate or permit in full force and effect.
Sec. 48. In every contract, whether written or verbal, between any teacher and board of directors, a school month shall be construed to be twenty school days, or four weeks of five days each .and no teacher shall be required to teach school on Saturdays, the first day of January, Christmas day, fourth of July, or any legal holiday, and no deduction from the teacher's time or salary shall be made by reason of the fact that a school day happens to be one of the days referred to in this section as a day on which school shall not be taught.
Sec. 49. Every teacher shall have power to hold every pupil to strict accountability in school for any disorderly conduct on the way to or from school, or on the grounds of the school, or during intermission or recess; to suspend from school any pupil for good cause; provided, that such suspension shall be reported to the directors as soon as practicable, and their decision shall be final.
Sec. 50. It shall be the duty of all teachers to endeavor to impress on the minds of their pupils the principles of morality, truth, justice, temperance and patriotism; to teach them to avoid idleness, profanity, and falsehood, and to instruct them in the principles of free government, and to train them up to a true comprehension of the rights, duties and dignity of American citizenship.
TITLE IN.
Schools.
Sec. 51. Every school, not otherwise provided for by special law, shall be open for the admission of all between the age uf five and twenty-one years residing in that school district; and the board of directors shall have power to admit adults and children not residing in the district.
Sec. 52. All schools shall be taught in the English language, and instruction shall be given in the following branches, viz: Reading, writing, orthography, arithmetic, geography, English grammar, physiology and hygiene and history of the United States. Attention should be given during the entire course to the cultivation of manners, morals, to the laws of health, physical exercise, ventilation and temperature of the school room.
Sec. 53. No books, papers or other publications of a partisan, or denominational character shall be used or dis-tiibuted in any school; neither shall any partisan or sectarian doctrine be taught therein; and any teacher who shall violate230
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these provisions shall forfiet his permit or certificate for the period of one year.
Sec. 54. The school days shall be six hours in length, exclusive of any intermission at noon, but any board of directors may fix as the school day a less number of hours than six; provided, that it shall be not less than four for any primary school under their charge, and any teacher may dismiss any or all scholars under eight years of age, after an attendance of four hours a day, exclusive of an intermission at noon. No teacher or scholar shall be permitted to attend school from any house in which small-pox, varioloid, scarlet fever, diphtheria, or any other contagious or loathsome disease is prevalent. No teacher or scholar shall be permitted to return to school from any house where the above mentioned diseases or any of them have prevailed until three weeks shall have elapsed from the beginning of convalescence of the patient. In case several individuals have been affected with such disease within the same house, the period of time must be reckoned from the beginning of convalescence of the last case.
Sec. 55. All pupils, who may attend public schools, shall comply with the regulations established in pursuance of the law for the government of schools, shall pursue the required course of study, and shall submit to the authority of the teachers of such schools. Continued and wilful disobedience and open defiance of authority of the teachers shall constitute good cause for expulsion from school. Any person who shall in any way cut, deface or otherwise injure any school house furniture, fence or out building thereof shall be liable to suspension and punishment, and the parents or guardian of such pupil shall be liable for damage on complaint of the teacher or any director, and upon proof of the same.
Sec. 5C. The school year shall begin on the first day of July and end on the last day of June.
TITLE X.
Support of Schools.
Sec. 57. The principal of all moneys accruing to the Territory from the sale of any land, which have been, or may hereafter be given by congress of the United States for school purposes, shall constitute an irreducible fund, the interest accruing from which shall be annually divided among all the school districts of the territory, proportionately to the number of children in each between the ages of five and twenty-one years, for the support of common schools and for no other purpose whatever.
See. 58. For the purpose of establishing and maintain-LAWS OF WASHINGTON
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Lionel J f	n° S’ 11 ?ha 1 ?e the duty Of the county commis-
each couaV to levy an annual tax not less than
i thaU S1X m?lls on the dollar on a11 taxable pKptHA ^dhin their respective counties, as shown bv the assessment roll made by the county assessor for the same ? ear and to include the same in their warrant to the collector and the said collector shall proceed to collect said tax in the same* manner as the other taxes are collected, and the said money so collected, shall be paid to the county treasurer, to be draw n in the manner prescribed in this act. For the support of the common schools there shall be set apart bv the county treasurer, all moneys paid into the county treasury arising from hues for a breach of any law regulating license for the sale of intoxicating liquors, or for keeping of bowling allej s, or billiard saloons or of any penal laws of the territory
Sec. oh. It shall be the duty of the auditors of the several counties of the territory to make a report to the county superintendent of common schools within the counties the first Monday in July of each year, of the school tax levied and the assessed valuation of their counties for that vear and it shall be the duty of the clerk of the district court at the close of every term thereof, to report to the county superintendent of the county in which said term shall have been hold-en, whether or not any fines, and if any, what, with the date of which the same were paid to the countv treasurer, and all of cers mentioned in this act, who shall fail or neglect to perform any of the duties required by this act, shall be deemed guilty of a misdemeanor, and upon conviction before anv court having competent jurisdiction, shall be fined in anv sum not less than twenty dollars and not more than one hundred dollars, for each neglect and such fine shall be paid into the county treasury for the benefit of common schools in said county.
TITLE XL
Lnion or Graded Schools.
Sec. 60. Whenever the inhabitants of two or more school districts may wish to unite for the purpose of establishing a giaded school, the clerks of said districts shall, upon a written application of five voters of their respective districts call a meeting of the voters of such districts at some convenient place by posting up written notices in like manner as provided for calling district meetings, and if a majority of the voters of each of such districts shall vote to unite for the purpose herein stated, they shall at their meeting, or at anv

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adjourned meeting, elect three directors and a clerk for such union district. Single districts containing two hundred or more children, entitled to draw public money, may in like manner, organize a graded school district.
Sec. 61. The board of directors provided for in the preceding section shall, in all matters relating to graded schools, possess all the power, discharge all the duties and be governed by the laws herein provided for district electors, and they shall be elected in the same manner as provided in the preceding section.
Sec. 62. The union district thus formed shall be entitled to an et। nil able share of the school fund, to be drawn from the counry treasury in proportion to the number of children attending such graded schools for each district.
TITLE XII.
Graded Schools in Incorporated Cities or Towns.
Sec. 63. That each incorporated city or town in this territory shall be comprised in one district and under one board of school directors, and in all such cities or towns, where the enumeration of school children entitled to draw school money in three hundred or more, the directors shall be required to adopt the graded system of teaching in their schools; provided, that nothing in this section shall be so construed as to prevent the extension of such city or town districts a reasonable distance outside the limits of such incorporated city or town; and provided further, that the schools of such cities and towns may be graded in such manner as the directors thereof may deem best suited to the wants of such districts. But no other language than the English, nor mathematics higher than algebra, shall be taught in such graded schools.
Sec. 64. The directors of incorporated city or town districts may, in their discretion, elect one city or town school superintendent in each district, who may be a teacher of the district, and who shall have the control or management of all the schools in his district, subject to the concurrence of .the board of directors.
Sec. 65. It shall be the duty of the city or towm superintendent to visit all the common schools in his district as often as twice in every month during school terms, and to see that all requirements of the school law and the board of directors are enforced.
Sec. 66. The directors of any school district, composed of any incorporated city or town, shall, when in their opinion it is necessary, levy a special tax of not exceeding ten millsLAWS OF WASHINGTON
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in any one year, for the purpose of building school houses or purchasing school sites, which tax shall be levied and collected as provided in the general school law; provided, that no special school tax shall be levied or assessed in any district until the same shall have been submitted to the "qualified voters of such districts as required by law, and a majority of the votes cast shall be in favor of such tax; provided further, that in making such levy the directors shall use as a basis for such levy the last assessment made by the county assessor for county purposes.
Sec. 67. The directors of such district may also have power to levy a special tax of not exceeding five mills in any one year, for tuition purposes in their district as provided by law; provided, that such tax shall be levied in accordance with the provisions of section 66 of this title.
Sec. 68. W hen two or more districts in anv town or city are united by the provisions of this act, all the directors of the district so united shall act as directors of the said new district, and shall have all the powers and authority conferred by the laws of this territory upon school directors, and they may designate the person to act as clerk of said district until the next annual meeting in said district, at which time there shall be three directors and one clerk (elected) for said district. in the manner provided by law, who shall hold their respective offices as provided for officers of new districts.
Sec. 69. Districts thus formed shall be entitled to their full share of public school fund moneys, to be drawn from the county treasury in proportion to the school enumeration of such districts.
Sec. 10. Directors failing to organize their districts as herein provided, within one hundred and twenty days after the passage of this act, shall be deemed guilty of a misdemeanor and fined in a sum not exceding five hundred dollars, provided they are supplied with sufficient monev to organize the same.
TITLE XIII.
School Officers.
Sec. 71. When any school officer or teacher is superseded by election or otherwise, he shall immediately deliver to his successor in office, all books, papers and moneys pertaining to his office, and every such officer who shall refuse to do so or who shall wilfully mutilate or destrov anv such books orLAW'S OF WASHINGTON
papers, or any part thereof, or who shall misapply any moneys entrusted to him, by virtue of his office, shall be deemed guilty of a misdemeanor and shall be punished by a fine in the discretion of the court, not to exceed one hundred dollars.
Sec. 72. Every person elected or appointed to any office mentioned in this act, shall, before entering upon the discharge of the duties thereof, take an oath or affirmation to support the constitution of the United States, the organic act of the territory, and to promote the interests of education, and faithfully discharge the duties of his office according to the best of his ability. In case any officer has a written appointment or commission, his oath or affirmation shall be endorsed thereon, and sworn to, before any officer authorized to administer oaths. School officers are hereby authorized to administer all oaths or affirmations, appertaining to their respective offices, without charge or fee.
Sec. 73. No school director or other school officer shall be directly or indirectly interested in any contract that may be made by a board of which he is a member. Any contract, made in violation of this provision, shall be null and void.
Sec. 74. All lines and penalties not otherwise provided for in this act, shall be collected by an action in any court of competent jurisdiction, and shall be paid into the school fund immediately after collection.
Sec. 75. Any parent, guardian or other person, who shall insult or abuse a teacher in the presence of the school or anywhere on school grounds or premises shall be deemed guilty of a misdemeanor, and liable to a fine of not less than ten dollars nor more than one hundred dollars.
Sec. 76. Any person who shall wilfully disturb any public school or public school meeting, shall be guilty of a misdemeanor and liable to a fine of not less than ten dollars nor more than one hundred dollars.
Sec. 77. In case any district clerk shall fail to take census provided for in this act at the proper time, and if, through such neglect, the district shall fail to receive its apportionment of school moneys, the said district clerk shall be individually liable to the district for the full amount so lost, and it may be recovered in a suit brought by any citizen of such district in the name of, and for the benefit of such district.
Sec. 78. All cases of disputes, in relation to school matters, not properly belonging to courts of justice, may be referred first to the county superintendent, and appealed to the territorial superintendent, whose decision shall be final.LAWS OF WASHINGTON
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TITLE XIV.
Teachers' Institutes.
Sec. 79. Each superintendent of the common schools of any county in this territory, containing five hundred census children, shall hold once a year, a county institute, of not less than three days, at which instruction shall be given in the best method of teaching in the branches required by law to be taught in the public schools, and the county commissioners may appropriate for the expenses of the institute, a sum not exceeding one hundred dollars annually; counties having less than five hundred census children may, at the option of the county superintendent, unite with any neighboring county for the purpose of holding an institute. Ail teachers in the county, where the institute is held, shall be required to attend such intsitute during its full time; but a strict record shall be kept of the attendance, absence or tardiness at each day’s session of the institute, and the county superintendent shall, at the close of the institute, transmit the record of any teacher to the clerk of the district where said teacher may be at the time employed; and said teacher so absenting himself shall forfeit one dollar for each day’s absence.
TITLE XV.
Special Taxes.
Sec. 80. The board of directors of any district, may, when in their judgment it is advisable, submit to the qualified school electors of the district, the question whether a tax shall be raised to furnish additional school facilities for said district, or for building one or more school houses, or for removing, or building additions to one already built, or for the purchase of supplies, globes, maps, charts, books of reference and other appliances or apparatus for teaching, or for any or all of these purposes. Such election shall be called as provided by section 45 of this act, and it shall be in all other respects as nearly as practicable in conformity with the general election law. At such elections the ballots shall contain the words “tax yes,” or “tax no.” If the majority of votes cast as (are) “tax yes,” the officers of election shall certify the fact to the district clerk, who shall proceed at once to copy from the assessment roll of the county the lists of property liable to taxation, situated in, or owned by residents of the district, and shall deliver the same to the board of directors, who may allow him a reasonable compensation therefor, out of the pro-236
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ceeds of said tax; said compensation not to be more than four dollars per day. The directors shall upon receiving the roll deduct ten per cent therefrom for anticipated delinquencies, and dividing the sum voted together with the estimated cost of assessing and collecting added thereto, by the remainder of the roll, ascertain the rate per cent required, and the rate ascertained (using the full per cent on each one hundred dollars instead of the fraction) shall be, and is hereby levied and assessed to, on or against the persons or property named or described in said roll, and it shall be a lien on all such property until the tax is paid, and if not paid within the time limited by the next section for its payment, shall be recovered by suit in the same manner, and with the same costs, as delinquent territorial and county taxes; provided, that not more than two meetings shall be held in any one year under the provisions of this section; provided further, that no special tax shall in any one year exceed ten mills on each dollar of taxable property in the district as appears by the last annual assessment.
Sec. 81. As soon as the rate of taxation has been determined, as provided in the last preceding section, the directors shall certify the same to the county auditor, who shall extend the same upon the general assessment roll of the county and certify the same to the county treasurer who shall proceed to collect the tax in the same manner and at the same time and with the same power and authority to enforce payment of the same as in the case of county and territorial taxes. The county treasurer shall place any tax so collected to the credit of the district to which it belongs, and shall receive a compensation for collecting the same such sum not more than two per cent of the tax collected, as may be allowed by the county commissioners; such compensation to be paid from tbe amount of said district tax so collected; provided, that such commission shall not be paid when a county treasurer receives a salary in lieu of commissions.
Sec. 82. All school moneys apportioned by county superintendents of common schools shall be apportioned to the several districts in proportion to the number of school children between five and twenty-one years of age, as shown by the returns of the district clerk for the preceding year, and make a full report of said apportionment to the commissioners; provided, that Indian children, who are not living under the1 guardianship of white persons or American citizens, shall not be included in the apportionment list, excepting those whose parents have severed their tribal relations or own real estate in the district subject to taxation.LAWS OF WASHINGTON
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TITLE XVI.
County Treasurer.
Sec. 83. It shall be the duty of the county treasurer of each county,
First—To receive and hold all school moneys, as a special deposit, and keep a separate account of their disbursements to the school districts, which shall be entitled to receive them according to the apportionment of the county superintendent of common schools.
Second—To notify the county superintendent of common schools of the amount of county school fund in the county treasury whenever required, and to inform said superintendent of the amount of school money belonging to any other fund subject to apportionment.
Third—To pay the amount of county school tax levied and such other moneys paid into the school fund on the warrants of directors whenever such warrants are countersigned by the district clerk and properly endorsed by the holders.
Fourth—To make, annually, on the first day of August of each year, a financial report, for the last preceding school and fiscal year ending with June 30, to the county superintendent of common schools in such form as may be required by law.
TITLE XVII.
Miscellaneous.
Sec. 84. Whenever the word he or his occurs in this act referring to either superintendent, director or teacher, it shall be understood to mean also she or her.
Sec. 85. Any series of text books adopted by the board of education shall remain in use not less than five years.
Sec. 8G. Any teacher who shall maltreat or abuse any pupil by administering any undue or severe punishment, shall be deemed guilty of a misdemeanor, and upon conviction thereof, before any court of competent jurisdiction, shall be fined in any sum not exceeding one hundred dollars.
Sec. 87. All applicants for certificates shall be examined in reading, writing, orthography, arithmetic, geography, English grammar, physiology, hygiene, history of the United States, school law of the territory and the theory and practice of teaching.
Sec. 88. All school districts in the territory shall maintain schools during at least three months each school year.238
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All graded school districts not in incorporated towns and cities shall maintain school at least six months and no district which has been organized more than one year, shall receive any portion of the school fund which has not during the school year next preceding, complied with the provisions of this section.
Sec. 89. All guardians and other persons in this territory having, or who may hereafter have, the immediate custody of any child or children between the ages of eight and eighteen years, shall send the same to school at least three months in each year, said child or children may remain under their supervision; provided, that if the person having the custody of said child shall not be able to pay for its education as provided for in this section, and shall satisfy the directors of the fact, such child shall be admitted free of cost.
Sec. 90. All time lost to any child in consequence of a school not being taught the required length of time, or from any other good reason, shall be made up the ensuing year, or so soon as such disability is removed and a school is taught a sufficient time in their district to allow of such amend.
Sec. 91. In all cases where any person having the custody of any child shall fail to send said child to school the required length of time, provided that an opportunity has offered, and no good reason can be shown for the failure, then said person shall pay to the district clerk of his school district, on the presentation of a warrant from the school directors, the sum of one hundred dollars, to be incorporated into the school fund and used for school purposes in said district; but the county commissioners shall have power to remit fines arising by virtue of this act, when in their opinion justice demands a remission.
Sec. 92. It shall be the duty of the directors of schools to examine the school schedules and make out and present to the clerk of the school district, on or soon after the first day of November of each year, warrants for all money forfeited under this act for the year ending on the day above mentioned, and the time for collection specified in said warrants shall not extend beyond the first day of January of the succeeding year.
Sec. 93. Clerks of school districts shall have the same power to collect percentage for collecting money accruing under this act, that they already have for collecting other school money; and they shall report to the probate judge before the first day of December of each year the name and residence of every orphan child that failed to attend school, as herein required, and the probate judge shall have power to remove such child and place it in the care of some other per-LAWS OF WASHINGTON
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son who shall be likely to comply with the requirements of this act.
Sec. 94. All acts and parts of acts, upon any subject matter contained in this act, shall be and the same are hereby repealed; provided, that the provisions of an act entitled “An act relating to the study of physiology and hygiene in the public schools of Washington Territory and educational institutions receiving aid from the county and territorial treasury,” Approved December 23, 1885. Shall be and remain in full force, any provisions of this act to the contrary notwithstanding.
Sec. 95. This act shall take effect and be in force from and after its passage and approval.
Approved February 4, 1886.
AN ACT
TO AMEND SECTION 18 OF AN ACT ENTITLED, “AN ACT TO AMEND THE COMMON SCHOOL LAW OF THE TERRITORY OF WASHINGTON,” APPROVED A. D. 1886.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That section 18 of an act entitled an act to amend the common school law of the Territory of Washington approved A. D. 1886. be amended to read as follows:
Sec. 18. The county superintendent shall on or before the first Monday in January, April, July and October of each year, apportion all school moneys to the school district, in accordance with the provisions of This act. He shall certify to the several district clerks and to the county treasurer the amount so apportioned to the several districts; and the directors shall draw their warrants on the county treasurer in favor of persons entitled to receive the same. Such warrants shall show for what purpose the money is required.
Sec. 2. All acts and parts of acts in conflict with the provisions of this act are hereby repealed.
Sec. 3. This act to take effect and be in force from and after its passage and approval by the Governor.
Approved February 4, 1886.240
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AN ACT
RELATING TO THE STUDY OF PHYSIOLOGY AND HYGIENE IN THE PUBLIC SCHOOLS OF WASHINGTON TERRITORY AND EDUCATIONAL INSTITUTIONS RECEIVING AID FROM THE COUNTY OR TERRITORIAL TREASURY.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That physiology and hygiene which shall in each division of the subject so pursued, include special reference to the effects of alcoholic drinks, stimulants and narcotics upon the human system, shall be included in the branches of study now required by law to be taught in the common schools of this territory, and shall be introduced and studied as a regular branch in the same manner and be governed by the same rules which govern the study of any other branch, and shall be so studied by all pupils in all departments of the public schools of the territory, aud in all educational institutions supported wholly or in part by the money from the county or territorial treasury.
Sec. 2. Upon complaint in writing being made to any county superintendent of common schools by any district or school clerk, or by any head of a family, that the board of school directors of the district in which such school or district clerk shall hold his office or said head of family shall reside. have failed to make provisions for the teaching of physiology and hygiene as provided in section one of this act in the public schools of such district, or have failed to have the same taught in the public schools of such district as provided in said section one, it shall be the duty of such county superintendent io at once investigate the matter of such complaint and if the facts therein complained of are found by him to be true, he shall immediately notify the county treasurer of the county in which such school district is located, and after the receipt of such notice, it shall be the duty of such county treasurer to refuse to pay any warrant drawn upon him by the hoard of directors of such district subsequent to the date of such notice, and until he shall be notified to do so by such county superintendent. Whenever it shall be made to appear to the said county superintendent and he shall be satisfied that the board of directors of such district are complying with the provisions of said section one of this act, and are causing physiology and hygiene to be taught in the public schools of such district as provided in said section one, he shall notify said county treasurer and said treasurer shall thereupon honor the warrants of said board of directors.
Sec. 3. Upon complaint in writing being made to the
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superintendent of public instruction by two or more heads of families having children attending any educational institution supported wholly or in part by money from the territorial treasury, that any such educational institution has failed to make provisions for the teaching in such institutions, of physiology and hygiene as provided in section one of this act, or has failed to have the same taught therein as provided in said section one, it shall be the duty of such superintendent of public instruction to at once investigate the matter of such complaint and if the facts therein complained of are found by him to be true, he shall immediately notify the territorial treasurer, and after the receipt of such notice it shall be the duty of such territorial treasurer to refuse to pay any warrant drawn upon him by or on account of such educational institution subsequent to the date of such notice, and until he shall be notified so to do by such superintendent of public instruction. Whenever it shall be made to appear to the said superintendent of public instruction and he shall be satisfied that such educational institution is complying with the provisions of said section one of this act and is causing physiology and hygiene to be taught in such institution as provided in said section one. he shall notify said territorial treasurer and said treasurer shall thereupon honor the warrants of such educational institution.
Sec. 4. Any county superintendent of common schools or any superintendent of public instruction, who shall fail or refuse to comply with the provisions of this act. or to perform the duties imposed upon him by this act. shall be liable to a penalty of one hundred dollars, to be recovered in a civil action in the name of the territory in any court of competent jurisdiction, and the sum recovered shall go into the common school fund of the county or territory, as the suit may be against a county superintendent or the superintendent of public instruction, and it shall be the duty of the prosecuting attorneys of the several counties in the territory to see that the pro visions of this section are enforced.
Sec. 5. No certificate shall be granted to any person to teach in the public schools of this territory, or in any educational institution receiving money from the territorial treasury. after the thirtieth day of June A. D. 1887. who has not first passed a satisfactory examination in the manner now provided by law for the examination of teachers in the public schools in physiology and hygiene, with special reference to the effects of alcoholic drinks, stimulants and narcotics upon the human system.
Sec. 6. All laws or parts of laws inconsistent with the provisions of this act are hereby repealed.242
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Sec. 7. This act shall take effect and be in force from and after the first day of July A. D. 1886.
Approved December 23, 1885.
AN ACT
TO PROHIBIT THE SALE OF INTOXICATING LIQUORS IN THE SEVERAL ELECTION PRECINCTS OF WASHINGTON TERRITORY, WHENEVER A MAJORITY OF THE LEGAL VOTERS OF ANY SUCH PRECINCTS, AT AN ELECTION TO BE HELD FOR THAT PURPOSE, SHALL VOTE IN FAVOR OF THE PROHIBITION OF THE SALE OF SUCH LIQUORS IN THEIR RESPECTIVE PRECINCTS.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That in construing this act, the singular number includes the plural, and the plural the singular number, Nouns and pronouns of the masculine gender include the feminine gender. That the term “intoxicating liquor,” whenever used herein, shall be construed to mean and include all spirituous, vinous and malt or other fermented liquors, and all intoxicating bitters. The word “sale” shall be construed to include “barter” and “exchange.”
Sec. 2. That on presentation to the board of county commissioners of any county in this territory of a petition signed by not less than fifteen electors, residents of any election precinct in said county, praying for the submission to the electors of said election precinct of the question of prohibiting the sale of intoxicating liquor in such election precinct, it shall be the duty of such board of county commissioners to order and call an election for that purpose in such election precinct on the fourth Monday in June, A. D. 1886, and at the other times herein provided for, to express the views of the electors of such precinct, whether or not intoxicating liquors should be sold therein.
Sec. 3. The petition mentioned in section two of this act must be presented at the session of the board of county commissioners in May, A. D. 1886, or at the May session of said board in any even numbered years thereafter and upon presentation of the same it is made the duty of said board of county commissioners to order and call an election in each election precinct, petitioning therefor, to be held on the fourth Monday in June. A. D. 1886, and at the other times herein provided, to express the views of the electors, whetherLAWS OF WASHINGTON
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or not intoxicating liquors should be sold in the petitioning election precinct.
Sec. 4. At the session of the board of county commissioners of each county, in May, A. D. 1888, and at the May session of said board in any even numbered year thereafter, but not oftener, on the presentation of a like petition mentioned in section two of this act, the question of prohibiting the sale of intoxicating liquor in any election precinct petitioning for the same, shall by such board of county commissioners be submitted, and on the fourth Monday in June following the presentation of such petition an election shall be held in such petitioning election precinct to express the views of the electors on such question. In such subsequent election the provisions of this act shall apply and govern to the same extent as they apply to the first election hereunder.
Sec. 5. The order for an election under this act, filling the blanks to correspond to the facts may be in substance as follows, to-wit: “A petition of the requisite number of electors as provided in the Local Option Act having been presented to the board of county commissioners of — county, Washington Territory at their May session — by the electors of — election precinct of said county, it is now ordered by said board that an election as provided in said act be held at — in said election precinct on the fourth Monday in June, — to express the views of the electors whether or not intoxicating liquors should be sold in said election precinct.” A copy of such order printed or written, certified by the auditor, shall be posted up at the polling places named in said order at least ten days previous to such election, and if a weekly newspaper is published in such county, a similar copy of said order shall be published in such paper one time at least after the same is made and before such election. If more than one such paper is published in such county, then in such paper as the county auditor may select. If no such paper is published in said county, the order may, at the option of the auditor, be published in a newspaper of this territory, having circulation in such county. Proof of the posting or publication of such order may be made by any person having knowledge of the facts.
Sec. 6. The qualifications of electors under this act shall be the same as those prescribed by the general election law of the territory for other elections; but no elector shall vote under this act in any election precinct save that in which he resides at the time he offers to vote, and such elector shall, in addition, have resided in said election precinct at least sixty days immediately prior to such election. The time of keeping open the polling places, and the manner of conduct-244
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ing the election under this act, shall be the same as prescribed in the general election law for other elections, inspectors and judges to conduct the elections under this act shall be appointed by the board of county commissioners at the time they order such election, and they shall possess the same qualifications as prescribed under the general election law of the territory in other elections, and vacancies in such election boards may be filled as under the general election law, and clerks shall be appointed for such election as provided in the general election law of the territory. Officers of the election shall qualify as under the general election law, and they shall perform the same duties and possess the same powers in conducting said election, as similar officers possess and perform under the general election law of the territory in conducting an election under said general election law. The manner of counting and keeping a record of the votes cast, certifying and preserving the result of such election, shall, as far as practicable, be the same as in other elections under the general election law, and the certificates showing the result of the general election under this act shall be signed by the clerks, the judges, and inspectors as provided in other elections under the general election law, and the certificates, ballots, poll-lists, tally-papers and oaths of inspectors, judges, and clerks shall be sealed up and sent to the auditor of the county, or delivered to him as in other elections under the general election law of the territory. The same penalties and punishment for perjury, or for unlawfully certifying to returns, or doing or performing any act or thing made unlawful touching other elections under the general laws of the territory, shall apply and be in force touching this act, unless otherwise provided for in this act. The auditor of the county shall furnish the poll-books, certificates and blanks necessary to conduct an election under this act, and the expenses of canvassing and making returns and conducting elections hereunder, shall be paid in the same manner as under the general election law.
Sec. 7. That those who favor the prohibition of the sale of intoxicating liquor in the election precincts, where elections under this act are held, shall have written or printed on their ballots, the words ‘‘For Prohibition,” and those who favor the sale of intoxicating liquor in such election precincts shall have written or printed on their ballots the words “Against Prohibition.”
Sec. 8. Each incorporated city and town in this territory for purposes of this act, shall be deemed to be but one election precinct, but if any outlying territory adjacent to said city or town is not included in any other election precinct,LAWS OF WASHINGTON
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save that in which said city or town is situated in whole or in part, the electors residing in such outlying and adjacent territory shall be deemed for the purposes of this act electors of such city or town, and such city or town, and such outlying and adjacent territory shall constitute an election precinct for the purposes of this act. For the convenience of electors mentioned in this section, two or more polling places for any election held under this act, may be established by the board of county commissioners at the time of calling an election under this act, and at the same time inspectors and judges of election for such polling-places shall be appointed by said board of county commissioners.
Sec. 9. On the tenth day after any election, under this act, or as soon as the auditor of the county shall have received the returns from the election precincts in which an election has been held under this act, if he receives all such election returns within that time he shall notify two county officers, one of whom shall be the judge of probate, to be present at the office of said auditor on a day named by him not more than twenty days after such notice, for the purpose of canvassing the votes cast at the election in the election precincts of the county where elections under this act have been held, and it shall be the duty of the judge of probate present, as one of the canvassers of said election returns, to administer the following oath, or affirmation, to the county auditor having in his possession the said election returns: “I do solemnly swear (or affirm) that the returns purporting to be the election returns at the Local Option election of the several election precincts in this county, where elections were held under the Local Option act. have been in nowise altered, and that they are the same as when I received them, so help me God." The said oath to be in writing, signed by said auditor and filed by the person administering the same in the probate office of said county. If from any cause said probate judge fails to attend at said canvass of returns, a justice of the peace of said county shall be called in to fill said vacancy, and said justice shall perform the same duties as imposed on said probate judge. After said oath has been administered, the said auditor, with the said two county officers shall proceed to canvass and tabulate said election returns, keeping the result of the voters of each precinct separate, so as to show the name of such precinct, the number of votes cast therein ‘Tor prohibition” and the number of votes cast “against prohibition.” To such tabulated statement they shall affix their certificates in substance as follows: “We, the undersigned —, auditor of — county, Washington Territory, and —, holding the office of —, in said county, and —, holding the office of —. in said county do cer-246
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tify that the foregoing (or annexed) tabulated statement is a true and correct statement of the result of the Local Option election held in the county of —, on the — day of —, as appears from the returns of said election, produced by the auditor of said county to us, and canvassed by us on the — day of —” The auditor shall immediately cause said tabulated statement, with the certificates of said canvassers to be recorded in the books in which he records the proceedings of the board of county commissioners, and shall file in his office the original tabulated statement. The said tabulated statement from the time it is certified shall be notice to all the world of the matters therein stated. Said tabulated statement, or a copy of said tabulated statement, or a copy of the record of said tabulated statement, said copies being certified to be correct copies by the auditor, shall be received in evidence in all the courts of this territory.
Sec. 10. Should the result of any election under this act be in favor by a majority vote of the prohibition of the sale of intoxicating liquor in any election precinct in this territory, then it shall be unlawful for the board of county commissioners of the county in which said election precinct is situated, or for the city council of any city or board of trustees of any town, or any other authority, authorized by any law of this territory, to grant licenses for the sale of intoxicating liquor in said territory, to grant or give a license for the sale of intoxicating liquor to any person, firm, or corporation, to sell, bar-tei or dispose of intoxicating liquor in the election precinct voting in favor of prohibition of the sale of intoxicating liquor Li such precinct,and any license to sell, or dispose of intoxicating liquor in violation of this section shall be void, and shall confer no rights or privileges to the holder thereof in election precincts where the electors have voted by a majority vote in favor of prohibition.
Sec. 11. On canvassing and certifying the results of elections as prot ided in section nine of this act, all licenses for the sale of intoxicating liquor theretofore granted by any authority in this territory, shall, in all precincts voting in favor of prohibition by a majority vote, be, from and after certifving such results, terminated and at an end, and shall not thereafter confer or give to the holder of such license the right to sell intoxicating liquor in any election precinct, declaring, as in this act provided, by a majority vote in favor of prohibition of such sale; and the authority which issued such license shall refund to the holder of such license, a sum in proportion as the whole sum paid is to the unexpired term of such license, so that the holder shall pay only for the proportion of the term expired.LAWS OF WASHINGTON
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Sec. 12. The sale of intoxicating liquor by druggists or apothecaries for sacramental, scientific, mechanical or medicinal purposes in election precincts, where the electors have expressed themselves in favor of prohibition, as in this act provided, shall be lawful only when the person desiring to purchase intoxicating liquor from such druggist or apothecary for sacramental, scientific, mechanical or medicinal purposes shall, if such liquor be desired for a sacramental, scientific, or mechanical purpose deliver to such druggist or apothecary at the time of receiving such intoxicating liquor a written or printed statement of the applicant as in this section provided, or, if such liquor be desired for a medicinal purpose, a written or printed prescription made and signed by a physician, lawfully practicing his profession in the county wherein said druggist or apothecary carries on his business. The written or printed statement of the applicant and the written or printed physician's prescription must set forth the particular purpose for which such liquor is required, the kind and quantity desired. and that it is not intended as a beverage, nor to sell, nor to give away, and when desired for a medicinal purpose, the said prescription shall contain the foregoing particulars, and in additon thereto shall state that the liquor is necessary and actually needed for a patient named. No statement or prescription shall cover more than one purpose. There shall be but one delivery and one sale on any one prescription or statement; provided, that the druggists and apothecaries shall be permitted to sell intoxicating liquor to any regular and lawfully practicing physician who is engaged in the practice of his profession, upon the written or printed statement of such physician, that such liquor will be used only for medicinal purposes by such physician. Every statement or prescription provided for in this section must be signed by the applicant or physician. It shall be retained by the druggist or apothecary for the period of at least one year, and when required by any court having jurisdiction of offenses under this act it shall be produced before such court by said druggist or apothecary, and failure to produce the same when required by such court, shall be deemed to be a contempt of court, and shall be punished accordingly. These statements and prescriptions herein mentioned shall be open to the inspection of the judge of the district court, the probate judge, the prosecuting attorney, justices of the peace, the sheriff, constables or any other peace officer of the territory, or of any city or town therein at reasonable business hours. No druggist or apothecary shall permit any person purchasing intoxicating liquor from him, to drink the same at the place of business of such druggist or apothecary, or in any room or place248
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connected therewith. Any druggist or apothecary, by himself or agent violating the provisions of this section, either by selling or disposing of intoxicating liquor without receiving the statement or prescription in this section required, or by disposing of intoxicating liquor more than once on such statement or prescription, or by suffering or permitting the persons receiving such liquor on said statement or prescription to drink the same at any place herein forbidden, or by selling or disposing of intoxicating liquor, for any other than sacramental, scientific, mechanical, or medicinal purposes, shall be deemed guilty of a misdemeanor, and for each offense shall be fined not less than fifty nor more than five hundred dollars, or be imprisoned not to exceed six months. Any person not a druggist or apothecary who shall sell intoxicating liqour in any election precinct, where the electors under this act have ex-piessed themselves in favor of the prohibition of such sales, shall be deemed guilty of a misdemeanor, and on conviction for each offense shall be fined not less than fifty nor more than five hundred dollars, or be imprisoned not to exceed six months.
Sec. 13. If any person shall in any statement, or in any prescription given or made by him under this act, falsely state or suggest the purpose for which such intoxicating liquor is required or shall use the intoxicating liquor obtained on such statement or prescription for any other purpose than that stated in such statement or prescription, he shall be deemed guilty of a misdemeanor and for each offense shall be fined not less than fifty nor more than five hundred dollars, or be imprisoned not to exceed six months.
Sec. 14. Irregularities in the petitions for elections under this act or in the ordering of elections hereunder, or in the publication or posting of orders or notices or in any other respect, shall not be inquired into by any court in any suit or prosecution, or proceeding under this act or any other act; but the tabulated statement of the canvassers provided for in section nine of this act shall be conclusive of the facts therein stated, and of the regularity of all proceedings antecedent thereto.
Sec. 15. This act may be cited in all proceedings thereunder or in any proceeding, suit or action, civil or criminal, by the short title of the “Local Option Act.”
Sec. 16. This act shall control in so far as it conflicts with the general or local law already enacted, or hereafter to be enacted, and to the extent of its provisions so conflicting shall be deemed a modification of such general or local law, unless in such law the legislature expressly declare a contrary intent.LAWS OF WASHINGTON
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Sec. 17. Sections twelve and thirteen of this act shall be given especially in charge to the grand jury at each and every term of the several district and county courts in this territory by the judge of such courts, and said grand jury shall be instructed to inquire of all offenses against this act. The grand jury may in any indictment found under this act, make separate counts for separate offenses committed in violation of this act by the person indicted and embrace the several counts so made in one indictment, and said separate offenses when so charged shall be tried together in one trial under such indictment.
Sec. 18. Any person voting under this act. who is not an elector in the precinct in which he votes as defined by this act, or any person voting or offering to vote, at any election held under this act. more than once on the same day shall be deemed guilty of a misdemeanor, and for each offense shall be fined not to exceed one hundred dollars, to which may be added imprisonment not exceeding one year.
Sec. 19. This act shall be in force from and after its approval by the Governor.
Approved January 25, 1886.
AN ACT
IN RELATION TO ATTACHMENTS AND GARNISHMENTS.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. The plaintiff at the time of commencing an action, or at any time afterward before judgment, may have the property of the defendant, or that of any one or more of several defendants, attached in the manner hereinafter prescribed. as security for the satisfaction of such judgment as he may recover.
Sec. 2. The writ of attachment shall be issued by the clerk of the court in which the action is pending; but before any such writ of attachment shall issue, the plaintiff, or some one in his behalf, shall make and file with such clerk, an affidavit showing that the defendant is indebted to the plaintiff (specifying the amount of such indebtedness over and above all just credits and offsets), and that the attachment is not sought, and the action is not prosecuted to hinder, delay or defraud any creditor of the defendant; and either;
1.	That the defendant is a foreign corporation; or
2.	That the defendant is not a resident of this territory; or250
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3.	That the defendant conceals himself so that the ordinary process of law cannot be served upon him; or
4.	That the defendant has absconded or absented himself from his usual place of abode in this territory, so that the ordinary process of law cannot be served upon him; or
5.	That, the defendant has removed or is about to remove any of his property from this territory, with intent to delay or defraud his creditors; or
6.	That the defendant has assigned, secreted or disposed of, or is about to assign, secrete or dispose of, any of his property with intent to delay or defraud his creditors; or
7.	That the defendant is about to convert his property, or a part thereof into money for the purpose of placing it beyond the reach of his creditors; or
8.	That the defendant has been guilty of a fraud in contracting the debt or incurring the obligation for which the action is brought; or
9.	That the damages for which the action is brought are for injuries arising from the commission of some felony or for the seduction of some female.
Sec. 3. An action may be commenced and the property of a debtor may be attached previous to the time when the debt becomes due, when nothing but time is wanting to fix an absolute indebtedness, and when the affidavit, in addition to that fact, states:
1.	That the defendant is about to dispose of his property with intent to defraud his creditors; or
2.	That the defendant is about to remove from the territory, and refuses to make any arrangements for securing the payment of the debt when it falls due, and which contemplated removal was not known to the plaintiff at the time the debt was contracted; or
3.	That the defendant has disposed of his propertv in whole or in part with intent to defraud his creditors; or
4.	That the debt was incurred for property obtained under false pretences.
Sec. 4. If the debt or demand for which the attachment is sued out is not due at the time of the commencement of the action, the defendant is not required to file any pleadings until the maturity of such debt or demand, but he may, in his discretion, do so, and go to trial as early as the cause is reached.
Sec. 5. No final judgment shall be rendered in such action, unless the party consents, as in the last section, until the debt or demand upon which it is based becomes due. But property of a perishable nature may be sold as in other cases of attachment.
Sec. 6. Before the writ of attachment shall issue, theLAWS OF WASHINGTON
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plaintiff, or some one in his behalf, shall execute and file with the clerk a bond or undertaking, with two or more sureties, in a sum in no case less than three hundred ($300) dollars in the district court, nor less than fifty ($50) dollars in a justice’s court, and double the amount for which plaintiff demands judgment, conditioned that the plaintiff will prosecute his action without delay, and will pay all costs that may be adjudged to the defendant, and all damages which he may sustain by reason of the attachment, not exceeding the amount specified in such bond or undertaking as the penalty thereof, should the same be wrongfully, oppressively or maliciously sued out. With said bond or undertaking, there shall also be filed the affidavit of the sureties, from which it must appear that such sureties are qualified and that they are taken together worth the sum specified in the bond or undertaking, over anti above all debts and liabilities and property exempt from execution. No person not qualified to become bail upon arrest shall be qualified to become surety upon a bond or undertaking for an attachment.
Sec. 7. The defendant may, at any time before judgment, move the court or judge for additional security on the part of the plaintiff, and if, on such motion, the court or judge is satisfied that the surety in the plaintiff's bond has removed from this territory, or is not sufficient, the attachment may be vacated, and restitution directed of any property taken under it, unless a reasonable time, to be fixed by the court or judge, further security is given by the plaintiff in form as provided in section six of this act.
Sec. 8. In an action on such bond the plaintiff therein may recover, if he shows that the attachment was wrongfully sued out, and that there was no reasonable cause to believe the ground upon which the same was issued to be true, the actual damages sustained and reasonable attorney's fees to be fixed by the court; and if it be shown that such attachment was sued out maliciously, he may recover exemplary damages, nor need he wait until the principal suit is determined before suing on the bond.
Sec. 9. The writ of attachment shall be directed to the sheriff of any county in which property of the defendant may be, and shall require him to attach and safely keep the property of such defendant within his county, to the requisite amount, which shall be stated in conformity with the affidavit. The sheriff shall in all cases attach the amount of property directed, if sufficient not exempt from execution be found in his county, giving that in which the defendant has a legal and unquestionable title a preference over that in which his title is doubtful or only equitable, and he shall as nearly as the252
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circumstances of the case will permit, levy upon property fifty per cent, greater in valuation than the amount which plaintiff in his affidavit claims to be due. When property is seized on attachment, the court may allow to the officer having charge thereof such compensation for his trouble and expense in keeping the same as shall be reasonable and just.
Sec. 10. Writs of attachment may be issued from the district courts to different counties, and several may, at the option of the plaintiff, be issued at the same time, or in succession and subsequently, until sutficent property has been attached; but only those executed shall be taxed in the costs, unless otherwise ordered by the court, and if more property is attached in the aggregate than the plaintiff is entitled to have held, the surplus must be abandoned and the plaintiff pay all costs incurred in relation to such surplus. After the first writ shall have issued, it shall not be necessary for the plantiff to file any further affidavit or bond, but he shall be entitled to as many writs as may be necessary to secure the amount claimed.
Sec. 11. Where there are several attachments against the same defendant, they shall be executed in the order in which they were received by the sheriff.
Sec. 12. If, after an attachment has been placed in the hands of the sheriff, any property of the defendant is moved from the county, the sheriff may pursue and attach the same in an adjoining county, within twenty-four hours after removal.
Sec. 13. The sheriff to whom the writ is directed and delivered must execute the same without delay as follows:
1.	Real property shall be attached by filing a copy of the writ, together with a description of the property attached, with the county auditor of the county in which the attached real estate is situated.
2.	Personal property, capable of manual delivery, shall be attached by taking into custody.
3.	Stock or shares, or interest in stock or shares, of any corporation, association or company, shall be attached by leaving with the president or other head of the same, or the secretary, cashier or managing agent thereof, a copy of the writ, and a notice stating that the stock or interest of the defendant is attached in pursuance of such writ.
4.	Debts and credits and other personal property, not capable of manual delivery, shall be attached by leaving with the person owing such debts, or having in his possession or under his control such credits or other personal property, a copy of the writ and a notice in writing that the debts owing by him to the defendant, or the credits and other personalLAWS OF WASHINGTON
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property in his possession or under his control, are attached in pursuance of such writ.
Sec. 14. Whenever it appears by the affidavit of the plaintiff 01 bj the return of the attachment that no property is known to the plaintiff or officer on which the attachment can be executed, or not enough to satisfy the plaintiff’s claim, and it being shown to the court or judge by affidavit that the defendant has property within the territory not exempt, the defendant may be required by such court or judge to attend before the court or judge or referee appointed bv the court or judge and give information on oath respecting the same.
Sec. 15. the court before whom the action is pending or the judge thereof in vaction may at any time appoint a receiver to take possession of property attached under the provisions of this act. and to collect, manage and control the same and pay over the proceeds according to the nature of the property and the exigency of the case.
Sec. 16. If any of the property attached be perishable or in danger of serious and immediate waste or decay, the sheriff shall sell the same in the manner in which such properly is sold on execution. Whenever it shall be made to appear satisfactorily to the court or judge that the interest of the parties to the action will be subserved by a sale of any attached property, the court or judge may order such property to be sold in the same manner as like property is sold under execution. Such order shall be made only upon notice to the adverse party or his attorney in case such party shall have been personally served with a summons in the action. Debts and credits attached may be collected by the sheriff, if the same can be done without suit, and the sheriff s receipt shall be a sufficient discharge for the amount paid.
Sec. 17. All moneys received by the sheriff under the provisions of this act and all other attached property shall be retained by him to answer any judgment that may be recovered in the action unless sooner subjected to execution upon another judgment recovered previous to the issuing of the attachment.
. Sec. 18. All persons having in their possession or under their control any credits or other personal property belonging to the defendant or owing any debts to the defendant at the time of the service upon them of a copy of the writ and notice as provided in subdivision four of section thirteen of this act shall be, unless such property be delivered up or transferred, or such debts be paid to the sheriff, liable to the plaintiff for the amount of such credits, property or debts, until the attachment be discharged or any judgment recovered bv him be satisfied.	"254
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Sec. 19. A sheriff or constable may be garnished for money of the defendant in his hands. So may a judgment debtor of the defendant when the judgment has not been previously assigned on the record or by writing filed in the office of the clerk and by him minuted as an assignment on the margin of the execution docket, and also an executor or administrator may be garnished for money due from the decedent to the defendant.
Sec. 20. When the property to be attached is a fund in court, the execution of a writ of attachment shall be by leaving with the clerk of the court a copy thereof, with notice in writing specifying the fund.
Sec. 21. The sheriff shall make a full inventory of the property attached and return the same with the writ. To enable him to make such return as to debts and credits attached, he shall request at the time of service the party owing the debt or having the credit to give him a memorandum in writing stating the amount and description of each, and if such memorandum be refused he shall return the fact of the refusal with the writ. The party refusing to give the memorandum may be required to attend before the court or judge, or a referee appointed by the court or judge, and answer under oath respecting such debts or credits or other property. If, when duly summoned, he fail to appear and answer the interrogatories propounded to him without sufficient excuse for his delinquency, he shall be presumed to be indebted to the defendant to the full amount of the plaintiff's demand. But for a mere failure to appear he is not liable to pay the amount of plaintiff's judgment until he has had an opportunity to show cause against the issuing of an execution.
Sec. 22. If upon the examination of such garnishee, as provided in the last section, it appears that the garnishee was indebted to the defendant, or had any credits or other property of the defendant in his possession, or under his control at the time of the service of the copy of the writ and notice upon him, as hereinbefore provided, or at any time subsequent thereto, he is liable to the plaintiff in case judgment is finally recovered by him to the full amount of that judgment, or to the amount of such indebtedness and of the credits or other personal property held by him, and a judgment shall be entered up against him accordingly.
Sec. 23. If the debt of the garnishee to the defendant is not due, execution shall be suspended until its maturity.
Sec. 24. The garnishee shall not be made liable on a debt due by negotiable paper, unless such paper is deliverd or the garnishee completely exonerated or indemnified from all liability thereon after he may have satisfied the judgment.LAWS OF WASHINGTON
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Sec. 25. If judgment be recovered by the plaintiff the sheriff shall satisfy the same out of the property attached by him which has not been delivered to the defendant, or claimant as in this act provided or subjected to execution on another judgment recovered previous to the issuing of the attachment, if it be sufficient for that purpose.
1.	By applying on the execution issued on said judgment the proceeds of all sales of perishable or other property sold by him, or of any debts or credits collected by him, or so much as shall be necessary to satisfy the judgment.
2.	If any balance remain due he shall sell under the execution so much of the property, real or personal, as may be necessary to satisfy the balance, if enough for that purpose remain in his hands.
Notice of the sale shall be given and the sale conducted as in other cases of sales on execution.
Sec. 26. If after selling all the property attached by him remaining in his hands, and applying the proceeds, together with the proceeds of any debts or credits collected by him, deducting his fees, to the payment of the judgment, any balance shall remain due, the sheriff shall proceed to collect such balance as upon an execution in other cases. Whenever the judgment shall have been paid the sheriff, upon reasonable demand, shall deliver over to the defendant the attached property remaining in his hands and any proceeds of the property attached unapplied on the judgment.
Sec. 27. If the execution be returned unsatisfied, in whole or in part, the plaintiff may proceed as in other cases upon the return of an execution.
Sec. 28. If the defendant recover judgment against the plaintiff, all the proceeds of sales and money collected by the sheriff and all the property attached remaining in the sheriff's hands shall be delivered to the defendant or his agent. The order of attachment shall be discharged and the property released therefrom.
Sec. 29. If the defendant, at any time before judgment, causes a bond to be executed to the plaintiff with sufficient sureties, to be approved by the officer having the attachment or after the return thereof by the clerk to the effect that he will perform the judgment of the court, the attachment shall be discharged and restitution made of property taken or proceeds thereof. The execution of such bond shall be deemed an appearance of such defendant to the action.
Sec. 30. Such bond shall be part of the record, and, if judgment go against the defendant, the same shall be entered against him and sureties.
Sec. 31. The defendant may at any time after he has
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appeared in the action, either before or after the release of the attached property or before any attachment shall have been actually levied, apply on motion, upon reasonable notice to the plaintiff, to the court in which the action is brought or to the judge thereof, that the writ of attachment be discharged on the ground that the same was improperly or irregularly issued.
Sec. 32. If the motion be made upon affidavits upon the part of the defendant but not otherwise, the plaintiff may oppose the same by affidavits or other evidence in addition to those on which the attachment was issued.
Sec. 33. If upon application it satisfactorily appears that the writ of attachment was improperly or irregularly issued it must be discharged.
Sec. 34. The sheriff must return the writ of attachment with the summons, if issued at the same time, otherwise, within twenty days after its receipt, with a certificate of his proceedings endorsed thereon or attached thereto, and whenever an order has been made discharging or releasing an attachment upon real property a certified copy of such order may be filed in the offices of the county auditors in which the notices of attachment have been filed and be indexed in like manner.
Sec. 35. This act shall be liberally construed, and the plaintiff, at any time when objection is made thereto, shall be permitted to amend any defect in the complaint, affidavit, bond, writ or other proceeding, and no attachment shall be quashed or dismissed, or the property attached released, if the defect in any of the proceedings has been or can be amended so as to show that a legal cause for the attachment existed at the time it was issued, and the court shall give the plaintiff a reasonable time to perfect such defective proceedings. The causes for attachment shall not be stated in the alternative.
Sec. 36. The judge of any district court shall have power to make every order in vacation which, by the provisions of this act. may be made by the court in term time.
Sec. 37. The word “sheriff” as used in this act is meant to apply to constables, when the proceedings are in a justice’s court, and when the proceedings are in a justice’s court, the justice is to be regarded as the clerk of the court for all purposes herein contemplated: Provided. That nothing contained in this act shall be construed to confer upon a justice of a peace power to issue a writ of attachment to be served out of the county in which such justice shall have his office, or to confer upon a sheriff, constable or other officer, power or authority to serve a writ of attachment issued out of jus-LAWS OF WASHINGTON	257
tice s court beyond the limits of the county in which such justice shall have his office, except in cases provided for in section twelve of this act: And Provided further, That nothing contained in this act shall be construed or held to authorize the attachment of real estate, or of any interest therein, under a writ of attachment issued out of any justice’s court.
Sec. 38. That chapter twelve of the Code of Washington Territory, and sections 1726 to 1745, each included, of the Code of XX ashington Territory, and an act entitled “an act to amend chapter twelve, section one hundred and seventy-six, of the Code of Washington,” approved November 28, 1883, and all other laws heretofore enacted upon any subject matter contained in this act, be, and the same are hereby repealed: Provided. That rights acquired in actions now pending under existing laws shall not be affected by anything herein contained.
Sec. 39. This act shall take effect and be in force from and after its approval by the Governor.
Approved February 3, 1886.
AN ACT
TO AMEND SECTIONS 2829, 2830, 2831, 2848, 2861, 2869, 2872, 2873, 2877, 2880. 2881, 2894, 2901, 2902, 2915, 2916, 2941, 2945, 2947, 2948, 2958 and 2962, OF THE CODE OF WASHINGTON TERRITORY, RELATING TO THE REVENUE.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That section 2829 of the Code of XVashington Territory be and the same is amended so as to read as follows: Section 2829. All property, real and personal, within the territory, except such as is herein expressly exempted from taxation, shall be and the same is hereby declared to be liable to taxation in the manner hereinafter provided. The following property is exempt from taxation, to-wit:
1.	All property of the United States, both real and personal.
2.	All property, both real and personal, of the Territory of Washington, of the several counties, cities and towns and school districts.
3.	All lands used exclusively for grave yards, as graves or grounds for burying the dead.
4.	Houshold furniture to the value of two hundred dollars for each family.
5.	All wearing apparel in actual use, and food provided258
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for the family, not to exceed one year’s supply,
6.	And whereas “Religion, morality and knowledge being necessary for good government and happiness of mankind,” there is further exempted all buildings or institutions of learning, benevolent, charitable and scientific institutions, and hospital for the sick and infirm, including the lands upon which such buildings are situated, not to exceed two acres, if within a city or town, and not exceeding eighty acres if not within a city or town, and all buildings used exclusively for public worship and Sabbath schools, with parsonages, and the lands upon which they are situated not exceeding one-half of an acre if in a city or town, and not exceeding, five acres if not within a city or town: Provided however, That all such church property, including parsonage property, when valued at more than five thousand dollars, shall pay a tax upon all above that value, and if any part of any building being a house of public worship shall be kept or used for any other purpose except for public worship, the part so used shall be assessed and taxed upon the cash valuation thereof; Provided further, That this exemption shall not apply to hospitals used exclusively for profit.
Sec. 2. Section 2830 is amended so as to read as follows: Section 2830. Whenever the terms mentioned in this section are employed in this act, they are employed in the sense hereafter affixed to them. 1/ The word “property” includes moneys, credits, dues, stocks, bonds, checks, certificates of deposit, gold dust, gold and silver bullion, franchises, boats and vessels, and all and every other matter and thing, real and personal and mixed and capable of private ownership. 2. The term “real estate” includes the ownership of, the legal claim to, the possession of, the right to the possession of land; all mines, minerals and quarries in and under the land, and timber of natural growth on the land; all rights and privileges appertaining to the land, and all buildings and improvement upon the land. 3. The term “improvements” includes all buildings, structures, fixtures, fences, clearings and improvements made, erected upon, or affixed to the land, and all fruits, nut bearing and ornamental trees and vines not of natural growth. 4. The term “personal property” includes every thing which is the subject of ownership not included within the meaning of the term real estate. 5. The term “full cash value” means the amount at which the property would be appraised if taken in payment of a just debt due from a solvent debtor. 6. The word “him” or “his” shall be understood to mean “her” or “hers” when property belonging to a female is assessed. 7. The word “person” shall be held to mean and include a “corporation” when the property of aLAWS OF WASHINGTON	259
corporation is assessed. 8. The words “county auditor,” “treasurer, “assessor," “sheriff" shall be understood to apply to each county respectively.
Sec. 3. Section 2831 is amended so as to read as follows: Section 2831. The assessor of each county shall between the first Monday of April and the first Monday of July each year, ascertain by diligent inquiry the names of all persons liable to taxation in his county and also all the taxable personal property and real estate therein, and make out an assessment roll of all taxable property and appraise the same in accordance with the provisions of this act, each assessor shall require every person liable to be taxed in his county when personally called upon to furnish him a list of his real estate situate in his county, liable to taxation; and a list of all personal property owned by every such person liable to taxation that he had on the first Monday of April at 12 o’clock m., stating the same in detail, and shall require such person to make oath that to the best of his knowledge and belief, such list contains a full and true account of all his property liable to be taxed in his county on the first Monday of April at 12 o'clock m., and if any person shall refuse to furnish such list, or to swear to the same when required so to do by the assessor, such person shall forfeit and pay to the assessor for the use of the county the sum of one hundred dollars, which sum may be recovered by an action in the name of the county in any court having jurisdiction.
Sec. 4. Section 2848 is amended so as to read as follows: Section 2848. Any person owning or having in his possession or under his control within this territory, with authority to sell the same, any personal property purchased with a view of its being sold at a profit, or which has been consigned to him from any place out of the territory to be sold within the territory, such person shall be held to be a merchant for the purposes of this act. and such property shall be listed for taxation, and in estimating the value thereof the merchant shall take the average value of such property in his possession or under his control during the next year previous to the time of assessing, and if he has not been engaged in business so long, then he shall take the average value during the time he shall have been so engaged, and if he be commencing he shall take the value of the property at the time of assessment.
Sec. 5. Section 2861 is amended so as to read as follows: Section 2861. In making up the moneys and credits which any person is required to list or having listed and assessed, he shall be entitled to deduct from the gross amount, all debts in good faith owing by him, but no acknowledgment ■of indebtedness not founded on actual consideration, and no260
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such acknowledgment made for the purpose of being so deducted shall be considered a debt, within the intent of this section, and so much only of any liability of such person as security for another shall be deducted as the person making the list believes he is equitably or legally bound to pay, and so much only as he believes he will be compelled to pay on account of the inability of the principal debtor, and if there are other sureties able to contribute, then so much only as he in whose name the list is made will be bound to contribute, but no person will be entitled to any deduction on account of any obligations of any kind given to any insurance company for the premiums of insurance, nor on account of any unpaid subscription to any institution, society, corporation or company, and no person shall be entitled to any deduction on account of any indebtedness contracted for the purchase of United States bonds, or other now taxable property, and in making up the amount of debts due him the party making the list shall include all debts due from persons non-residents as well as residents of the territory.
Sec. 6. Section 2869 is amended by striking out all of the words after July, in the first line, and all of the second line in said section.
Sec. 7. Section 2872 is amended by striking out of the affidavit, the following: After the word “swears” in the first line “if in the first district,” all after the word July in the second line, all of the third line, and the words “Monday of May,” in the fourth line.
Sec. 8. Section 2873 is amended so as to read as follows: Section 2873. The board of county commissioners of each county shall constitute a board of equalization of taxes for its county, and shall annually hold a session for the equalization of assessments and the correction of the assessment roll, which term shall commence on the first Monday of the regular August term, each year, and continue until such business is completed: Provided, That said term shall not exceed two weeks in one county for this purpose.
Sec. 9. Section 2877 is amended by striking from line four, on page 498, all the wmrds after “April,” and all of the fifth line to the word “and.”
Sec. 10. Section 2880 is amended by striking out the word “May” in second line, and inserting “August.”
Sec. 11. Section 2881 is amended by striking out the word “May,” in second line, and inserting the word, “August.”
Sec. 12. Section 2887 is amended by striking from the first line the word “October” and inserting “November.”
Sec. 13. Section 2894 is amended by striking from theLAWS OF W ASHINGTON
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fifth line the words “thirty-first day of December’ and inserting the words “first day of March.”
Sec. 14. Section 2901 is amended by striking from line one, the words “thirty-first day of December” and inserting “first day of March.”
Sec. 15. Section 2902 is amended so as to read as follows: Section 2902. On the first Tuesday of March in each year, the treasurer of each county must attend at the office of the county auditor, with the duplicate assessment roll and every item marked paid, or which has, in fact, been paid in such duplicate assessment roll, must be marked paid in the original assessment roll, with the date of payment of each and every item marked “error,” or double assessment in the duplicate must be marked the same in the original. The sheriff shall be ex-officio tax collector of the delinquent taxes of his county, from and after the first day of March in each year, except as hereinafter provided, and it shall be the duty of the county auditor after he has made his comparison with the treasurer, as in this section provided, to make out a schedule of unpaid taxes in the form of a triplicate assessment roll, with the ten per cent, penalty added to the amount of such unpaid taxes, and shall deliver the same to the sheriff, with his warrant attached thereto, in the name of the United States, under his hand, and seal of the board of county commissioners, to the sheriff of the county, commanding him to collect the taxes as charged in such schedule as in this act provided, and the auditor shall charge the sheriff with such taxes in the schedule stated in a delinquent tax account book, to be kept for that purpose, and shall credit the treasurer on his account with the same amount. The sheriff shall from time to time, and as often as once each month, pay over to the county treasurer the moneys collected by him, and the treasurer shall execute to him duplicate receipts for the sums so paid, one of which said sheriff shall file with the auditor. On making such payments to the treasurer, the sheriff may deduct the ten per cent, penalty as his fees for collecting: Provided, however. That the duplicate assessment roll shall be retained by the treasurer, whose duty it is to receive from any person offering to pay the same with the penalties, any and all of such delinquent taxes, and the treasurer, as well as the sheriff, shall report to the auditor on the first Monday of each month, the sums so collected by them, which shall be properly entered by the auditor in their several counties: Provided, further. That at the November term of the board of county commissioners each year, the sheriff shall make return of said schedule of unpaid taxes to the auditor, and shall then make final settlements with the262
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board of commissioners, touching such schedule of unpaid taxes, and he shall be credited with the balance uncollected, and such other credits as the board may order and the treasurer shall be charged with the sums uncollected, and from thence the treasurer shall be sole collector of such taxes.
Sec. 16. The county auditor shall furnish to the sheriff and treasurer, annually, a sufficient number of blank delinquent tax receipts, to be used by them, respectively, for the payment of delinquent taxes; said receipts shall be bound and numbered consecutively with stubs and bear the seal of the county auditor, and shall be used and return made thereof in the same manner as provided in section 2865, in relation to poll tax receipts delivered to the assessor. The delinquent tax receipt books shall be designated by alphabetical letters as A, B, C, etc., and shall contain not less than one hundred receipts each and shall be delivered to the sheriff and treasurer in such quantities as may (be) required, and the said sheriff and treasurer shall receipt to the auditor for the same, specifying the designation and number of receipts so delivered.
Sec. 17. Section 2915 is amended by striking out the word “April" from line one and inserting the word “July.”
Sec. 18. Section 2916 is amended by striking from line one the word “May” and insert “August.”
Sec. 19. Section 2941 is amended so as to read as follows: Section 2941. The fiscal year shall commence on the first day of August each year, and end on the last day of July, each year.
Sec. 20. Section 2945 is amended by striking out the word “April” and inserting the word “June,” and striking out the word “February” and inserting the word “April.”
Sec. 21. Section 2947 is amended so as to read as follows: Section 2947. Each county treasurer shall attend with his books and vouchers before the board of commissioners at the regular quarterly sessions of said board, in February. May, August and November in each year, and settle his accounts before said board for all moneys received and disbursed by him since the date of the last preceding settlement, and in such settlement the board must allow the treasurer the following credits: (1) The amount of principal and interest paid on county and road orders since the last preceding settlement, whether such others (orders) have been fully paid or but partially paid. (2) The amount paid the territorial treasurer since the last preceding or quarterly settlement as per vouchers. (3) Amounts paid school districts during the preceding quarter. (4) Amounts paid road supervisors during the preceding quarter. (5) Amount allowedLAWS OF WASHINGTON
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bv law for his compensation, and such other credits as he is entitled by law to receive.
Sec. 22. Section 2948 is amended so as to read as follows: Section 2948. The sheriff as tax collector shall attend at each quarterly session of the board of county commissioners in February, May, August and November, and with his books and vouchers in the presence of the auditor and treasurer make settlement and properly account for all receipts and disbursements of public funds, since the date of his last preceding settlement. He shall be allowed the following credits: (1) All moneys paid by him to the county Treasurer since his last preceding settlement as per vouchers presented. (2) Amount of errors and double assessments shown to exist in the schedule assessment roll with which he is charged. (3) the ten per cent, collected as penaltv and not retained (returned) by him on moneys paid over by him to the county treasurer since the date of his last settlement, and such other credits as he is entitled to receive. The sheriff and treasurer shall each in their quarterly settlements with rhe board account for each delinquent tax receipt delivered to him by the auditor, and should the sheriff or treasurer fail or refuse to return or properly account for anv of such receipts, he shall forfeit and pay to the board for the use of the county, not exceeding fifty dollars for each receipt unaccounted for. which sum shall be collected in a civil action in the name of the county in a court having jurisdiction of the same.
Sec.^ 23. Section 2958 is amended so as to read as follows: Section 2958. Every person must be assessed for all property owned by him on the first Monday of April each year, at 12 o’clock m.
Sec. 24. Section 2962 is amended so as to read as follows: Section 2962. The assessor shall be allowed and paid, by the board of county commissioners from the county treasury at the rate of five dollars per day for the time actually employed in making the assessment, between the first Monday of April and the first Monday of August and for the time necessarily required before the board of equalization: Provided, The board shall determine the number of days the assessor shall attend before them, and shall allow him only for such attendance as by them ordered.
Sec. 25. All acts and parts of acts in conflict with the provisions of this act are hereby repealed.
Sec. 26. This act shall take effect and be in force from and after its passage and approval.
Approved February 4, 1886.264	LAWS OF WASHINGTON
AN ACT
TO AMEND CHAPTER CLV, OF THE CODE OF WASHINGTON TERRITORY, ENTITLED “COURTS.”
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That section 2113, of chapter one hundred and fifty-five, of the Code of Washington Territory, be so amended that said section shall read as follows: “Section 2113. The supreme court of the territory shall hold its next regular term at Olympia, on the first Monday of January, 1887, and thereafter, annually on said day of each year. All appeals, suits in error, or other proceedings of every nature and kind now pending therein, or returnable to the next term of said court, shall be docketed, heard and determined as though made returnable to said January term. 1887."
District Courts.
Sec. 2. That section 2114 of said chapter one hundred and fifty-five shall be so amended that said section shall read as follows: “Section 2114. For judicial purposes the territory of Washington is divided into four judicial districts as follows: The first district shall include the counties of Walla Walla, Franklin, Columbia, Whitman. Garfield and Asotin. The second district shall include the counties of Skamania, Clarke, Cowlitz, Lewis, Thurston, Mason, Chehalis, Wahkiakum, Pacific and Pierce. The third district shall include the counties of King, Kitsap, Snohomish, Skagit, M hat-com, Island, San Juan, Clallam and Jefferson. The fourth district shall include the counties of Stevens, Spokane, Lincoln, Adams, Douglas, Klickitat, Yakima and Kittitas. And that there shall hereafter be held in the territory, regular terms of court within and for the districts above recited each year, at the times and places hereinafter designated.’’
District Courts, First Judicial District.
Sec. 3. That section 2115 of said chapter one hundred and fifty-five, of the Code of Washington Territory, shall be so amended as to read as follows: “Section 2115. Regular terms of court shall be held at Dayton on the first Monday in February and the third Monday in September of each year. At Pomeroy on the third Monday in March and the first Monday in October of each year. At Walla Walla on the second Monday of May, and the fourth Monday of Novem-LAWS OF WASHINGTON
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ber of each year. At Colfax on the second Monday of June and second Monday of December of each year.”
Sec. 4. That section 2116 of said chapter one hundred and fifty-five, Code of Washington Territory, shall be so amended as to read as follows: “Section 2116. The court held at Dayton shall be for the county of Columbia. The court held at Pomeroy shall be for the counties of Garfield and Asotin. The court held at Walla Walla and Franklin. The court held at Colfax shall be for the county of Whitman.”
District Courts, Second Judicial District.
Sec. 5. That section 2117 of said chapter one hundred and fifty-five, Code of Washington Territory, shall be so amended as to read as follows: “Section 2117. Regular terms of court shall be held at Chehalis on the first Monday in February and on the third Monday of August of each year: Provided, That no grand or petit jury shall be summoned to attend at the term of court held on said third Friday of August unless the court direct a grand or petit jury to be summoned, in which case an open venire shall issue to bring in such grand or petit jury: And it is further provided, That the court to be held at Chehalis, under existing law, on the second Monday in January, 1886, shall be held at that time and no term of court shall be held at Chehalis on the first Monday in February, 1886. At Tacoma on the fourth Monday of February, the fourth Monday of June and the fourth Monday of September of each year. At Vancouver on the first Monday of April and the second Monday of November of each year/ At the county seat of Cowlitz county on the fourth Monday of April, and the fourth Monday of October of each year. At Olympia on the first Monday of June and the first Monday of December of each year. At Oysterville on the last Monday in March and on the last Monday of August of each year: Provided, That no grand or petit jury shall be summoned to attend at the term of court held on the last Monday in March, unless the court direct a grand or petit jury to be summoned, in which case an open venire shall issue to bring such grand or petit jury. At the county seat of Chehalis county on the second Monday of September and on the second Monday of May of each year: Provided. That no grand or petit jury shall be summoned to attend at the term of court held on the second Monday in May, unless the court direct* a grand or petit jury to be summoned, in which case an open venire shall issue to bring in such grand or petit jury.”266
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Sec. 6. That section 2118 of said chapter one hundred and fifty-five, Code of Washington Territory, shall be so amended as to read as follows: “Section 2118. The court held at Chehalis shall be for the county of Lewis. The court held at Tacoma shall be for the county of Pierce. The court held at Vancouver shall be for the counties of Clarke and Skamania. The court held at the county seat of Cowlitz county shall be for the counties of Cowlitz and Wahkiakum. The court held at Olympia shall be for the counties of Thurston and Mason. The court held at Oysterville shall be for the county of Pacific. The court held at the county seat of Chehalis county shall be for the county of Chehalis.”
District Courts, Third Judicial District.
Section 7. That section 2119, of said chapter one hundred and fifty-five, Code of Washington Territory, shall be so amended as to read as follows: “Section 2119. Regular terms of court shall be held at Seattle on the first Monday of February, last Monday of May and last Monday of August, of each year: Provided, That no regular or adjourned term shall be held at Seattle between the last Saturday before the first Monday in July and last Monday of August? At Whatcom on the second Monday of March and the second Monday of October, of each year. At Port Townsend on the fourth Monday of March and the fourth Monday of October, of each year. At La Conner on the fourth Monday of April and the first Monday of December, of each year. At Snohomish City on the third Monday of May and the third Monday of December, of each year.”
Sec. 8. That section 2120 of said chapter one hundred and fifty-five. Code of Washington Territory, shall be so amended as to read as follows: ' “Section 2120. The court held at Seattle shall be for the counties of King and Kitsap. The court held at Whatcom shall be for the county of Whatcom. The court held at Port Townsend shall be for the counties of Jefferson, Island, Clallam and San Juan. The court held at La Conner shall be for the county of Skagit. The court held at Snohomish City shall be for the county of Snohomish.”
District Courts, Fourth Judicial District.
Sec. 9. There shall follow said section 2120, amendatory of said chapter one hundred and fifty-five, Code of Washington Territory, two sections, respectively,numbered 2120| and 2120^, relating to district courts in and for the fourth judicialLAWS OF WASHINGTON
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district, which shall respectively read as follows, that is to say: “Section 2120^. Regular terms of court shall be held at Ellensburg on the fourth Monday of March and the fourth Monday of September of each year. At the county seat of Yakima county on the second Monday of April and the second Monday of October of each year. At Goldendale on the fourth Monday of April and the fourth Monday of October of each year. At Sprague on the first Monday of May and the first Monday of November of each year. At the county seat of Spokane county on the third Monday of May and the third Monday of November of each year. At Colville on the second Monday of June of each year.” “Section 2120|. The court held at Ellensburg shall be for the county of Kittitas. The court held at the county seat of Yakima county shall be for the county of Yakima. The court held at Goldendale shall be for the county of Klickitat. The court held at Sprague shall be for. the counties of Lincoln, Douglass and Adams. The court held at he county seat of Spokane county shall be for the county of Spokane. The court held at Colville shall be for the county of Stevens.”
Sec. 10. That section 2122 of said chapter one hundred and fifty-five. Code of Washington Territory, shall be amended so as to read as follows: “Section 2122. That the courts held at Walla Walla. Colfax and Pomeroy shall have jurisdiction over all offenses against the laws of the United States, arising in the first judicial district, and of all actions to which or in which the United States is a party. The courts held at Vancouver, Olympia and Tacoma shall have jurisdiction of all offenses against the laws of the United States, arising in the second judicial district, and of all actions in which or to which the United States is a party. The courts held at Seattle, Whatcom and Tort Townsend shall have jurisdiction of all offenses against the laws of the United States arising in the third judicial district and of all actions in which or to which the United States is a party. The courts held at the county seat of Yakima county, at the county seat of Spokane county, and at Sprague, shall have jurisdiction of all offenses against the laws of the United States, arising in the fourth judicial district, and of all actions to which or in which the United States is a party.”
Sec. 11. That section 2136 of said chapter one hundred and fifty-five. Code of Washington Territory, shall be amended so as to read as follows: “Section 2136. The judges of the several district courts in this territory shall have power, and they are each authorized, to adjourn any term of the district court, in any county, to a day beyond the time appointed by law for holding a term of such court in any other268
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county or counties in the same district; and at the time to which court shall be adjourned by the judge thereof, all actions, causes, motions and other business which might or could be transacted by the court at a regular term thereof, may be entertained, tried and determined with like force and effect as though tried at a regular term of such court.”
Sec. 12. That the records of the court heretofore held at Whatcom shall be transferred to the court at Whatcom, established by this act. All suits, now pending in the court hertofore held at Whatcom, shall also be transferred with said records, and shall be tried and determined in the court at Whatcom established by this act. All judgments and decrees, heretofore rendered, made or entered in the court heretofore held at Whatcom, are continued in force, and process to enforce the same may issue out of the court held at Whatcom under this act as if there had been no change in the jurisdiction conferred by this act on the court held at Whatcom.
Sec. 13. That the records of the court, heretofore held at Pomeroy, shall be transferred to the court at Pomeroy, established by this act. All suits now pending in the court, heretofore held at Pomeroy shall also be transferred with said records, and shall be tried and determined in the court at Pomeroy, established by this act. All judgments and decrees heretofore rendered, made or entered in the court heretofore held at Pomeroy, are continued in force, and process to enforce the same may issue out of the court held at Pomeroy under this act, as if there had been no change in the jurisdiction conferred by this act on the court held at Pomeroy.
Sec. 11. That the enactment of this law. shall not work an adjournment of any term of court now being held, but such term of court may continue until the Saturday before the first Monday in February, 1886; and it is hereby provided that all actions, civil or criminal, now pending in the district court at Cheney, which, had this act been in force, should have been commenced at Sprague, may upon the motion of either party, be transferred to the court at which said action should have been commenced if this act had been in force, and thereafter all proceedings shall be had therein at the court to which said transfer is made, as though said action had been commenced in said court.
Sec. 15. That this act shall take effect and be in force from and after its approval by the Governor.
Approved January 9, 1886.LAWS OF WASHINGTON
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AN ACT
IN RELATION TO PROSECUTING ATTORNEYS, DEFINING THEIR DUTIES AND FIXING THEIR COMPENSATION.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That at the general election in this territory in the y ear one thousand eight hundred and eightv-six for delegate to congress, and every two years thereafter, there shall be elected by the qualified electors in the district comprising the counties of AA alia AA alia and Franklin, one prosecuting attorney. In the district comprising the counties of Spokane and Stevens, one prosecuting attorney. In the district comprising the counties of Lincoln, Douglas and Adams, one prosecuting attorney. In the district comprising the counties of Garfield and Asotin, one prosecuting attorney. In the district comprising the county of AATiitman, one prosecuting attorney. In the district comprising the county of Columbia, one prosecuting attorney. In the district comprising the counties of Yakima' and Kittitas, one prosecuting attorney. In the district comprising the counties of C larke, Klickitat and Skamania, one prosecuting attorney. In the district comprising the counties of Lewis. Cowlitz, Mason and Thurston, one prosecuting attorney. In the district comprising the counties of AVahkiakum, Chehalis and Pacific, one prosecuting attorney. In the district comprising the county of Pierce, one prosecuting attorney. In the district comprising the counties of King, Kitsap and Snohomish, one prosecuting attorney. In the district comprising the counties of Jefferson. Clallam, Island and San Juan, one prosecuting attorney. In the district comprising the counties of Skagit and AA hatcom, one prosecuting attorney.
Sec. 2. No person shall serve as prosecuting attorney under this act who has not been admitted to practice as an attorney-at-law in the supreme and district courts of this territory, and who is not a resident and qualified elector in the district for which he is elected.
Sec. 3. The prosecuting attorney for the district comprising the counties of Walla AValla'and Franklin shall receive an annual salary of seven hundred and fifty dollars. The prosecuting attorney for the district comprising the counties of Spokane and Stevens shall receive an annual salary of seven hundred and fifty dollars. The prosecuting attorney for the district comprising the counties of Lincoln, Douglas and Adams shall receive an annual salary of five hundred dollars. The prosecuting attorney for the district comprising the counties of Garfield and Asotin shall receive270
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and annual salary of live hundred dollars. The prosecuting attorney for the district comprising the county of Whitman shall receive an annual salary of seven hundred dollars. The prosecuting attorney for the district comprising the county of Columbia shall receive an annual salary of live hundred dollars. The prosecuting attorney for the district comprising counties of Yakima and Kittitas shall receive an annual salary of seven hundred and fifty dollars. The prosecuting attorney for the district comprising the counties of Clarke, Klickitat and Skamania shall receive an annual salary of eight hundred dollars. The prosecuting attorney for the district comprising the counties of Lewis, Cowlitz, Thurston and Mason shall receive an annual salary of eight hundred dollars. The prosecuting attorney for the district comprising the counties of Wahkiakum, Chehalis and Pacific shall receive an an-naul salary of five hundred dollars. The prosecuting attorney for the district comprising the county of Pierce shall receive an annual salary of seven hundred an fifty dollars. The prosecuting attorney for the district comprising the counties of King, Kitsap and Snohomish shall receive an annual salary of twelve hundred dollars. The prosecuting attorney for the district comprising the counties of Jefferson, Clallam, Island and San Juan shall receive an annual salary of five hundred dollars. The prosecuting attorney for the district comprising the counties of Skagit and Whatcom shall receive an annual salary of five hundred dollars. Said sums to be paid quarterly out of any funds in the territorial treasury not otherwise appropriated, upon presentation to the territorial treasurer of the proper warrant therefor, which warrant shall be paid in its regular numerical order.
Sec. 4. Each prosecuting attorney elected under this act shall before entering upon the discharge of the duties of his office take and subscribe an oath, faithfully to discharge the duties of said office, and shall enter into a bond to the Territory of Washington in the sum of five thousand dollars, conditioned that he will faithfully discharge the duties of his office, to be approved by the judge of the district for which he is elected, which said oath and bond shall be filed in the office of the auditor of the territory.
Sec. 5. Each prosecuting attorney shall be the legal advisor of the board of county commissioners for the county or district for which he was elected; he shall also prosecute all criminal and civil actions in which the territory or and county within his district may be a party, defend all suits brought against the territory, or any county composing his district and prosecute all forfeited recognizances, bonds and actions for the recovery of debts, fines, penalties, and forfeitures ac-LAWS OF WASHINGTON
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cruing to the territory, or any county within his district: Provided, The commissioners of any county may employ other attorneys, when they may deem it for the interest of their county.
Sec. 6. The prosecuting attorney of any county or district, from which an appeal, or writ of error is taken to the supreme court, shall appear in behalf of the territory or county in the supreme court, in all cases in which the territory or any county in his district is interested, and prosecute or defend the same as the case may be.
Sec. 7. Each prosecuting attorney, when required by the board of county commissioners of any county in his district, or by the president of such board, shall give to such board of county commissioners in writing if so required, his legal opinion touching any subject which such board of county commissioners may be called or required to act upon relating to the management of county affairs.
Sec. 8. The prosecuting attorney in each county or district is hereby required to give legal advice, when required, to all county and prcinct officers, and directors and superintendents of common schools in all matters relating to their official business; and when so required, he shall draw up. in writing all contracts, obligations and like instruments of an official nature, for the use of said officers.
Sec. 9. It shall be the duty of the prosecuting attorney to visit, once in each year, the offices of the county auditors of the several counties in his district, and he shall then examine the official bonds of all county and precinct officers on tile in such offices, and it is made his duty to report to the board of county commissioners of their respective counties any defect in the bonds of any public officer in such county. He shall also once in each year, examine the public records, and books of the auditor, assessor, treasurer, superintendent of common schools and sheriff of each county in his district, and report to the board of county commissioners of their respective counties any failure, refusal, omission or neglect of such officers to keep such records and books as required by law.
Sec. 10. Whenever a petition for divorce remains undefended. it shall be the duty of the prosecuting attorney to resist such petition.
Sec. 11. No prosecuting attorney shall be allowed to conduct any suit for divorce on the part of the petitioner or applicant, in the courts of this territory, nor shall any partner in the practice of law. or attorney having his office with the prosecuting attorney of this territory be allowed to prosecute any suit in behalf of the petitioner or applicant for a divorce in the courts of this territory.• 272
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Sec. 12. Ao prosecuting attorney shall receive any fee or reward from any person, on behalf of any prosecution, for any of his official services, except as provided in this act, nor shall he be engaged as council (counsel) for a party in any civil action depending upon the same facts as a criminal prosecution.
Sec. 13. Each prosecuting attorney shall, on the thirty-first day of December in each year, make to the Governor of the territory a report setting forth the amount and the nature of business transacted by him in that year, with such other statements and suggestions as he may deem useful.
Sec. 14. When any prosecuting attorney fails from sickness, or other cause, to attend a term of the district court of the district or county for which he was elected, or is unable to perform his duties at such term, the court or judge may appoint some qualified person to discharge the duties of such term, and the person so appointed shall receive a compensation to be fixed by the court, to be deducted out of the territorial salary of such prosecuting attorney, not exceeding, however, one-fourth of the quarterly salary of such prosecuting attorney.
Sec. 15. When a vacancy occurs in the office of prosecuting attorney, in any district or county, it shall be the duty of the Governor to appoint some qualified person to discharge the duties of the office, and until the next general election for delegate to congress, and until another prosecuting attorney shall be elected and qualified: Provided, That the person so appointed shall be duly qualified as provided in section two of this act.
Sec. 16. Every prosecuting attorney shall receive for his sem ices in prosecuting and defending civil actions, for anv county within his district, and for legal advice to board of county commissioners, and county and precinct officers, and for such other duties as may be required in sections seven and eight of this act; and any other duties imposed by law, the following sums annually to be paid out of the county treasury of each county within his county or district, on the warrant of the county auditor of any such county, who shall take said prosecuting attorney’s receipt for the amount of said warrant; that is to say, in counties where the population is one thousand or less, the sum of fifty dollars: and for any additional number of inhabitants above one thousand at the rate of twenty-five dollars per thousand, out of any money in the general fund of the county not otherwise appropriated; he shall also be entitled to receive for all amounts collected by him for the territory, or for his county or district ten per cent, on the amount collected.
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may appoint one or more deputies, not to exceed two, who shall have the same power in all respects as their principal; the appointment shall be in writing, and shall be signed by the prosecuting attorney, and shall be filed in the auditor’s office for the county where the court is held. He may revoke the appointment of any deputy at will, by writing filed in the same office. Each deputy shall be qualified as provided in section two of this act, and shall, before entering upon his duties, take the oath of office, which shall be endorsed upon his appointment. The prosecuting attorney may take from each of his deputies a bond with sureties for the faithful performance of his duties; but the prosecuting attorney and the sureties on his bond shall be liable for all the official acts of his deputy: Provided. Such deputy shall receive his compensation from his principal, and no additional fees or salary shall be allowed any prosecuting attorney for such purpose.
Sec. 18. The prosecuting attorney when not in attendance upon the district court shall institute and prosecute proceedings before magistrates for the arrest of persons charged with or reasonably suspected of. a felony when he has information that any such offense has been committed, and shall for that purpose attend when required by them. The prosecuting attorney shall also attend and appear before and give advice to the grand jury when cases are presented to them for their consideration; and shall draw all indictments when required by the grand jury. It shall be the duty of the prosecuting attorneys elected under this act to carefully tax all cost bills in criminal cases arising in their respective counties, or districts, and they shall take care that no useless witness fees are taxed as part of such costs, and that the officers, authorized to execute process, tax no other or greater fees than the fees allowed by law: Provided. That if they are not present at the trial of any criminal case, before any justice of the peace, and the cost bill in such case is lodged with the county commissioners for such payment the said prosecuting attorney shall have the right to receive and retax the same, and it is made his duty so to do, if the board of county commissioners deem the bill exorbitant or improperly taxed.
Sec. 19. The prosecuting attorneys heretofore elected and now exercising the duties of the office of prosecuting attorney, shall continue in office until the second Monday of January, one thousand eight hundred and eighty-seven, and until their successors are elected and qualified.
Sec. 20. No other or greater fees or salary, than herein provided, shall be allowed or paid to any prosecuting attorney in this territory.274
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Sec. 21. It is further provided in this act that the prosecuting attorney for the counties of Clarke, Skamania, Klickitat, Yakima, Kittitas shall receive for the year 1886 the sum of ten hundred and fifty dollars, to be paid out of the territorial treasury in the manner prescribed in this act for the payment of salaries of prosecuting attorneys.
Sec. 22. All acts and parts of acts in conflict with the provisions of this act are hereby repealed, saving the said terms of the prosecuting attorneys in office as in section nineteen hereof.
Sec. 23. This act to take effect and be in force from and after its passage and approval.
Approved February 4, 1886.
AN ACT
TO CREATE A DISTRICT COURT FOR THE COUNTY OF ASOTIN AND DEFINING THE JURISDICTION THEREOF.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That a court be and the same is hereby created and established within the county of Asotin, to be called and known as the district court for Asotin countv.
Sec. 2. That the said district court shall have jurisdiction within said county, of all matters, actions and causes, except those in which the United States shall be a party, in the same manner and to the same extent as other district courts in the first judicial district have, and all proceedings therein shall be governed by, and subject to the same laws, rules and regulations in all respects as other district courts in said district.
Sec. 3. That the said district court shall be held bv the judge of the first judicial district and said judge shall appoint a clerk of said court, who shall before entering upon the duties of such office, take and subscribe an oath to faithfully discharge the same, and shall give a bond or other security in such sum and manner as the judge of said court ma.A direct and shall keep his office at the county seat of said county.
Sec. 4. The regular term of said court shall be held at the county seat of said county on the first Mondav in April and the third Monday in October in each year/and shall hold until the business of the term is transacted, unless sooner adjourned.LAWS OF WASHINGTON
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Sec. 5. All act and parts of acts in conflict with this act are hereby repealed.
Sec. 6. This act shall take effect and be in force from and after its passage and approval.
Approved February 4, 1886.
AN ACT
TO PROVIDE FOR A TERM OF THE SUPREME COURT OF WASHINGTON TERRITORY, FOR THE YEAR A. D. 1886.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That a regular term of the supreme court of said territory shall be held at the capital of said territory, commencing on the second Monday of July, A. D. 1886. and continuing for not less than two weeks thereafter and until all the business is disposed of, including all causes that would have been regularly on the docket of said court for disposition at said term, had no change been made in the law as it existed at the first day of the present session of this Legislative Assembly, unless the business coming before said court is sooner disposed of. and that thereafter the regular terms of said court shall be held as now provided by law: Provided. That only those causes shall be heard which are pending and may be brought in the counties east of the Cascade mountains.
Sec. 2. This act to be in force from and after its passage and approval.
Approved February 4, 1886.
AN ACT
TO AMEND SECTIONS 2386 AND 2387, OF THE CODE OF WASHINGTON TERRITORY.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That section 2386 be amended to read as follows: Section 2386. The judge of the probate court shall file said certificate and record the same in the record of marriages, and the legal fee therefor shall be one dollar, to b'e paid by the party applying for the license, and at the time such license is issued.
Sec. 2. That section 2387 be amended to read as follows:276
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Section 2387. Any person solemnizing a marriage, who shall wilfully refuse or neglect to make and deliver to the judge of the probate court, for record, the certificate mentioned in section 2385, within the time in such section specified, shall be deemed guilty of a misdemeanor, and upon conviction shall pay for such refusal, or neglect, a fine of not less than twenty-five, nor more than three hundred dollars.
Sec. 3. All acts or parts of acts in conflict herewith are hereby repealed.
Sec. 4. This act shall take effect and be in force from and after its approval by the Governor.
Approved January 15, 1886.
AN ACT
RELATING TO CERTAIN FEES TO BE CHARGED BY CLERKS OF PROBATE COURTS.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. Upon tendering a fee of one dollar, it shall be the duty of every probate clerk in this territory and every probate judge acting ex-officio clerk of his own court, to take, acknowledge and affix his jurat to any oath, statement or affidavit made or required to be made by the laws of the United States, in filing on or proving up on government land. Any one violating this act shall be deemed guilty of a misdemeanor and shall be punished upon conviction by a fine of not less than twenty-five dollars.
Sec. 2. This act to take effect and be in force from and after its passage and approval by the Governor.
Approved February 4, 1886.
AN ACT
TO AMEND CHAPTER IV OF THE CODE OF WASHINGTON TERRITORY, RELATING TO THE MANNER OF COMMENCEMENT OF CIVIL ACTIONS.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That section 60, chapter IV., of the Code of V ashington Territory, relating to the manner of commencement of civil actions, be and the same is hereby amended to read as follows: Section 60. The clerk shall in-LAWS OF WASHINGTON
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dorse on the complaint, the day, month and year the same is tiled, and at any time, within one year, after the tiling of the same, the plaintiff may have a summons issued. The summons shall run in the name of the United States of America; be dated and signed by the clerk; tested in the name of the judge of the court in which it issues and contain the cause and general nature of the action, directed to the defendant and issued under the seal of the court. The summons shall state the parties to the action, the court in which it is brought, the county in which the complaint is filed, and require the defendant to appear and answer the complaint within the time mentioned in this section, after the service of the summons, exclusive of the day of service, or judgment will be taken according to the prayer of the complaint. The clerk shall indorse on the summons the name of the plaintiff's attorney. The time in which the summons shall require the defendant to answer shall be as follows:
1.	If the defendant is served within the county in which the action is brought, twenty (20) days.
2.	If the defendant is served out of the county, but in the district in which the action is brought, thirty (30) days.
3.	If served within any other judicial district within the territory, forty (40) days.
4.	If served by publication, as hereafter provided, within sixty (60) days after the date of the first publication of the summons.
Sec. 2. That section 62. of said chapter IV., be and the same is hereby amended to read as follows: Section 62. The summons shall be served by the sheriff of the county where the defendant is found, or by his deputy, or by a person specially appointed by him, or appointed by a judge of the court in which the action is brought, or by any citizen of the United States, over twenty-one (21) years of age, other than the plaintiff and who is competent to be a witness on the trial of the action. When the summons is served by a sheriff, or his deputy, is shall be returned with the certificate or affidavit of the officer of its service to the office of the clerk from which the summons issued. When the summons is served by any other person, as before provided, it shall be returned to the office of the clerk, from which it issued, with the affidavit of such person of its service. The plaintiff shall be entitled to as many writs of summons in the same suit as may be necessary to obtain jurisdiction of the person of the defendant, and they may be issued at the same or different times.
Sec. 3. That section 63 of said chapter IV. be and the278
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same is hereby amended to read as follows: Section 63. The summons shall be served bv delivering a copy thereof as follows:
1.	If against any county in this territory, to the county auditor.
If against any town or incorporated city in this ter-
ritory, to the mayor thereof.
3.	If against a school district, to the clerk thereof.
„	against a railroad corporation, to anv station,
freight, ticket or other agent thereof within the territory.
1	i a£>ainst a corporation owning or operating sleeping or hotel cars or the like, to any person having charge of anv of its cars or any agent found within the territory.
6.	. If against an insurance corporation, to anv agent authorized by such corporation to solicit insurance within the territory.
7.	If against a corporation doing an express business, To aiiy agent authorized by said corporation to receive and deliver express matters and collect pay therefor for such corporation within the territory.
.	5’ . Ifxlthe suit be against a corporation other than designated in the preceding seven subdivisions of this section, to the president or other head of the corporation, secretary cashier or managing agent thereof.	" ’
9.	If the suit be against a foreign corporation or nonresident joint stock company or association doing business y itlnn this territory, to an agent, cashier or secretary thereof.
10.	If against a minor under the age of fourteen (14) years, to such minor personally and also to his father, mother, guardian, or if there be none within this territory’ then to any person having the care or control of such minor’ or with whom he resides or in whose service he is employed.
. j against any person for whom a guardian has been appointed for any cause, to such guardian.
12.	In all other cases, to the defendant personally, or if he be not found, to some suitable person, the dwelling house or usual abode of the defendant.
Sec. 4. That section 69 of said chapter IV. be and the same is hereby amended to read as follows: Section 69. Proof of the service of summons shall be as follows:
.	L 1 If.2erved by tlie sheriff or his deputy, the return of such sheriff or deputy.
2.	If by any other person, his affidavit thereof.
.	3. The written admission of the affidavit, dated and
indorsed upon the summons, stating the time and place of service.
4. In case of publication, the affidavit of the editor, pub-
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lisher, foreman or principal clerk to such publication. If the service is by publication, the original summons shall be returned to the clerk of the court who issued it, accompanied by a printed copy thereof as published, together with affidavit of the editor, publisher, foreman or principal clerk employed in the newspaper office where published, showing in what capacity the affiant makes the affidavit, the name of such weekly newspaper, the place where it is published and its general circulation in the county where the court is held, if not published in such county and that the printed copy as returned was published for six (6) consecutive weeks in such newspaper, and showing also the date of the first publication and the date of the last publication thereof, and that the said newspaper named is a newspaper published at least once a week as a weekly newspaper in the county or judicial district in which the court is held.
Sec. 5. That section 70 of said chapter IV. be and the same is hereby amended to read as follows: ‘‘Section 70. From the time of service of the summons in an action at law the court shall be deemed to have acquired jurisdiction and to have control of all the subsequent proceedings.”
Sec. 6. That there be and is hereby added to said chapter IV. a new section called section 72| which shall read as follows: “Section 72|. The defendant when served with a copy of the summons may, at any time, demand of the clerk of the court from which the summons issued a copy of the complaint filed in the action, and the clerk shall, thereupon, deliver to the defendant a copy of said complaint, and the clerk's fees therefor shall be taxed as other costs in the action.”
Sec. 7. All acts and parts of acts in conflicts with this act are hereby repealed.
Sec. 8. This act shall take effect from and after its passage and approval by the Governor.
Approved February 4, 1886.
AN ACT
TO AMEND CHAPTER 19, OF THE CODE OF WASHINGTON TERRITORY. EXCEPTIONS.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. Section 257 shall be amended to read as follows: Section 257. No particular form of objections or ex-280	LAWS OF WASHINGTON
ceptions is required and all objections and exceptions shall be as hereinafter prescribed.
First—All objections and exceptions to the rulings or decisions made by the court or judge thereof, on demurrer, to any pleadings, including complaint, petition, answer, reply or any other form of pleadings by which a right is allowed to be asserted, or a wrong redressed in an action or proceeding at law, or an action of proceeding in equity, or in an action or proceeding in admiralty; and
Second All exceptions to the rulings or decisions of the court or judge, on motions or exceptions made to the plead-ings, whether the same be complaint, petition, answer or reply> or any other form of pleading, as stated in subdivision one, of this section, shall be taken at the time of said ruling or decision, and shall be entered in the journal by the clerk of the court, and such entry shall be a bill of exceptions settled and allowed: Provided, That if any ruling or decision by the court or judge thereof, shall be made in vacation and during the absence of the party and his attorney to whom they are adverse, said ruling or decision shall be deemed excepted to and said exception shall be a bill of exceptions settled and allowed.
Third-—In the trial of any action or proceeding by the court or judge thereof, whether the same be an action or proceeding at law, or an action or proceeding in equity, or an action or proceeding in admiralty, where there shall be findings of fact, or law, or both, by the court or judge thereof, the exception to the findings of facts, or law, shall be made at the time of their announcement by the court or judge thereof, and shall be entered by the clerk in the journal, describing such findings, excepted to by number, or other sufficient description, and such entry shall constitue a bill of exceptions settled and allowed: Provided, however, That when such findings by the court or judge thereof, or by a referee appointed by the court, or judge thereof, shall be adopted, or modified by said court, or judge, said findings of fact and law, when filed during the absence of the party, and his attorney, to whom they are adverse, both such findings of fact and law shall be deemed excepted to, and such exceptions shall be equivalent to a bill of exceptions, settled and allowed. The journal shall show the absence of the party and his attorney, and shall contain a statement, that said findings were excepted to.
Fourth—Exceptions to rulings or decisions of the court, dismissing the action because the evidence is not sufficient to sustain the complaint, or petition, shall be taken and entered on the journal, by the clerk, at the time of the rulingLAWS OF WASHINGTON
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or decision, and the material facts necessary to show the point of said rulings, shall be settled by statement, as provided by law, and said statement, so settled, shall be a bill of exceptions, settled and allowed.
Fifth—Exceptions to the giving or refusal of instructions to the jury by the court shall be taken immediately after the retirement of the jury, and entered in the journal by the clerk, and said instruction shall, if in writing, be described by number or other sufficient description. And if the instruction excepted to be oral the court shall immediately reduce the same to writing as near as may be in the language in which it was given, and shall number the same and file the same with the other instructions refused and excepted to or given and excepted to, and said instructions so refused or given, together with the exceptions shall constitute a bill of exceptions settled and allowed.
Sixth—Exceptions to the rulings or decisions of the court in the admission or rejection of evidence shall be taken and allowed at the time, and shall, together with the material facts be settled by a statement as provided by law, and said statement shall be a bill of exceptions settled and allowed.
Seventh—Exceptions to the rulings or decisions of the court or judge thereof, on motions for continuance, new trials, change of venue, the dissolution or continuance of attachments or injunctions, the granting or refusal of writs (of) habeas corpus, mandate and prohibition, shall be taken at the time and be entered by the clerk in the journal or otherwise preserved as one of the papers in the proceedings. The papers used on the hearing and the evidence reduced before or at the time to writing, or afterwards settled as to its material facts by a statement together with all interlocutory rulings excepted to shall constitute a bill of exceptions settled and allowed.
Sec. 2. Section 258 is amended to read as follows: Section 258. In the removal of a cause from the district court to the supreme court of the territory no bill of exceptions other than is provided for in section 257. and its subdivisions, is necessary or proper.
Sec. 3.* Sections 259 and 260 are repealed.
Sec. 4. Section 261 is amended to read as follows: Section 261. If the judge in any case refuse to allow an exception in accordance with the facts or the entry thereof in the journal, as provided for in section 257 and its subdivisions, the party desirous of said allowance may present his petition and proofs to the supreme court, which shall convene sixty or more days next after the refusal of the district court or282
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judge to allow the same, and said supreme court shall hear said petition and shall grant or reject the same as the preponderance of the proof may show the truth to be. If allowed by the supreme court such allowance shall be certified by its clerk to the clerk of the proper district court, and said exceptions shall be as other exceptions in the cause, settled and allowed.
Sec. 5. Section 262 is amended to read as follows: Section 262. If the judge who presided at the trial ceases to hold office before the statement mentioned in the preceding sections of this act is settled and certified by him, he may nevertheless settle and sign the same. In case of the death or disability of the judge who presided at the trial the statement may be settled and signed by his successor.
Sec. 6. Section 263 is repealed.
Sec. 7. All acts or parts of acts in conflict with this act are hereby repealed.
Sec. 8. This act shall take effect from and after its passage and approval by the Governor.
Approved February 3, 1886.
AN ACT
TO AMEND SECTION 384, OF THE CODE OF WASHINGTON TERRITORY , AND TO SECURE TO THE PEOPLE OF THE TERRITORY THE RIGHT OF TRIAL BY JURY.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That section 384 of the Code of Washington Territory, be, and the same is amended so as to read as follows: Section 384. Witnesses may be compelled to appear and testify before the judge or referee upon any proceeding under this chapter as upon the trial of an issue of fact; and if the judgment debtor deny that he is indebted to the plaintiff, or that he has property which he unjustly refuses to apply towards the satisfaction of the judgment, then and in such case the judgment debtor may demand a trial by jury, and upon such demand being made the said proceedings shall-stand continued until the next term of the district court from whence the execution issued, and be docketed and tried bv a jury, as other civil actions are tried.
Sec. 2. This act shall take effect and be in force from and after its passage and approval.
Approved January 15, 1886.LAWS OF WASHINGTON
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AN ACT
TO AMEND SECTION 392 OF THE CODE OF WASHINGTON TERRITORY.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That subdivision one, of section 392, of the Code of Washington Territory, be and the same is hereby amended so as to read as follows: Section 392. The following persons shall not be examined as witnesses: 1. A husband shall not be examined for or against his wife without the consent of the wife, nor a wife for or against her husband without the consent of the husband, nor shall either during marriage, or afterwards, without the consent of the other, be examined as to any communication made by one to the other during marriage; but this exception shall not apply to a civil action or proceeding by one against the other, nor to a criminal action or proceeding for a crime committed by one against the other: Provided, That in all actions, civil and criminal, involving the chastity of the wife, in which the husband is a competent witness, the wife shall also be a competent witness and allowed to testify.
Sec. 2. This act shall take effect and be in full force from and after its passage and approval.
Approved January 19. 1886.
AN ACT
TO AMEND SECTION 59 OF CHAPTER 4, OF THE CODE OF WASHINGTON TERRITORY, AS AMENDED AND APPROVED NOVEMBER 28, 1883.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That section 59 of chapter 1, of the Code of Washington (Territory), as amended and approved November 28, 1883, be and the same is hereby further amended to read as follows, to wit: ‘‘Section 59. Civil actions in the several district courts in this territory shall be commenced by the filing of a complaint with the clerk of the court in which the action is brought: Provided, That after the filing of the complaint a defendant in the action may appear, answer or demur whether the summons has been issued or not, and such appearance, answer or demurrer shall be deemed a waiver of summons.”284
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Sec. 2. This act shall take effect and be in force from and after its approval by the Governor.
Approved January 9, 1886.
AN ACT
TO AMEND SECTION 25, OF THE CODE OF WASHINGTON TERRITORY. 1881.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That section 25, of the Code of 1881, be amended to read as follows:
Section 25. Actions can only be commenced within the periods herein prescribed, after the cause of action shall have accrued, except when in special cases a different limitation is prescribed by statute; but in the district court, the objection that the action was not commenced within the time limited, can only be taken by answer or demurrer.
Sec. 2. This act shall take effect and be in force from and after its approval by the Governor.
Approved December 22, 1885.
AN ACT
TO AMEND SECTION 334, OF THE CODE OF WASHINGTON TERRITORY, IN RELATION TO EXECUTIONS.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That section 334, of the Code of Washington Territory, be, and the same is amended so as to read: Section 334. In all cases in which a judgment has been recovered in any of the courts of this territory, which shall have been assigned to any person, execution may issue in the name of the. assignee, upon the assignment being recorded in the execution docket, by the clerk of the court in which the judgment is recovered, and in all cases in which a judgment has been recovered in any such court, and the person in whose name execution might have issued, dies, execution may issue, in the name of the executor, administrator or legal representative of such deceased person, upon the letters testamentary or of administration, or other sufficient proof being filed in said cause and minuted upon said execution docket, by the clerk of the court in which said judgment is entered, and upon anLAWS OF WASHINGTON
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order of said court or the judge thereof, which may be made on an ex parte application, and the provisions of this section shall extend to all judgments heretofore recovered, as well as those hereafter to be recovered, and to cases of persons now deceased, as well as to those who may hereafter die.
Sec. 2. This act shall take effect and be in force from and after its passage and approval.
Approved January 30. 1886.
AN ACT
TO AMEND SECTION 77 OF THE CODE OF WASHINGTON TERRITORY.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That section 77. of the Code of Washington Territory, be amended so as to read as follows: Section 77. The defendant may demur to the complaint when it shall appear upon the face thereof either,
First—That the court has no jurisdiction of the persons of the defendant or of the subject matter of the action; or
Second—That the plaintiff has no legal capacity to sue; or
Third—That there is another action pending between the same parties for the same cause; or
Fourth—That there is a defect of parties, plaintiff or defendant; or
Fifth—That several causes of action have been improperly united; or
Sixth—That the complaint does not state facts sufficient to constitute a cause of action; or
Seventh—That the cause of action stated in the complaint is barred by the statutes of limitation; or
Eighth—That the contract or agreement set forth in the complaint is required by the statutes of fraud to be in writing and it is not so alleged.
Sec. 2. All acts or parts of acts in conflict with this act are hereby repealed.
Approved January 9, 1886.286
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AN ACT
ENTITLED AN ACT TO AMEND SECTION 860 AND 864 OF CHAPTER 70 OF THE CODE OF WASHINGTON IN RELATION TO OFFENSES AGAINST PUBLIC PLACES.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That sections 860 and 864 of chapter 70 of the Code of Washington Territory, be and the same are hereby amended to read as follows: “Section 860. If three or more persons shall be unlawfully, riotously, or tumultously assembled any justice of the peace, sheriff, deputy sheriff, constable, or marshal of a city, or mayor or aiderman thereof, shall go among the persons so assembled, or as near to them as possible and shall command them in the name of the Territory of Wshington immediately to disperse. If the persons so assembled do not immediately disperse, it shall be lawful for every such officer to command sufficient aid to seize, arrest and secure in custody all such persons, and if necessary an armed force may be called out and shall obey the orders of any two of the magistrates or officers mentioned in this action, (section) and if any such persons shall be killed or wounded by reason of their resisting the persons endeavoring to disperse or seize them the magistrates or officers shall be held guiltless. And if three or more persons shall be unlawfully, riotously, or tumultously assembled at or near the residence of other persons or where such other persons may be peaceably assembled, and disturb or annoy such persons by loud or unusual shouting, the discharging of firearms, or by creating any unusual noise which is calculated or intended to annoy or in any manner disturb the inmates of said residence or the persons so peaceably assembled, they shall be deemed guilty of a misdemeanor and upon conviction thereof be fined not less than twenty dollars, nor more than two hundred dollars each; or be imprisoned in the county jail not less than twenty days nor more than one year, or both fined and imprisoned.” “Section 864. Any persons who shall be guilty of racing horses or driving upon the public highway in a manner likely to endanger the persons or lives of others, or guilty of loud shouting, or the discharging of firearms, or any other demonstrations which are calculated or intended‘to frighten, intimidate or in any manner disturb other persons, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not exceeding one hundred dollars, or by imprisonment in the county jail not exceeding thirty days.”	jLAWS OF WASHINGTON
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by
Sec. 2. This act be in force from and after its approval the Governor.
Approved December 23, 1885.
AN ACT
TO AMEND SECTION 823, OF CHAPTER LXIX OF THE CODE OF WASHINGTON TERRITORY, RELATING TO OFFENSES AGAINST PROPERTY.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That section 823, of chapter LXIX., of the Code of Washington Territory, be amended to read as follows: Section 823. Every person who shall wilfully and maliciously set fire to the dwelling house, tent, cabin, or any structure, no matter of what material constructed, used and occupied as a place of abode by any person or persons, any barn, stable, outhouse, ship, steamboat, or other vessel, or any watercraft, mill, milk house, banking house, distillery, manufactory, mechanics' or artificers’ shop, store-house building, or room occupied as a shop or an office for professional business, or printing office of another, any public bridge, court-house, jail, market-house, seminary or college, edifice or building thereto belonging, or other public buildings, of the value of five dollars, or any stock of grain, hay, or straw or another of the value of five dollars, shall be deemed guilty of arson, and upon conviction thereof, shall be imprisoned in the penitentiary, not more than ten years, nor less than one year, or in the county jail not more than six months, nor less than one month, and be fined in any sum not exceeding one thousand dollars, and should the death of any person ensue therefrom, known to be occupying, or present on said premises, at the time such premises are wilfully and maliciously set fire to, the offender, on conviction thereof, shall be deemed guilty of murder in the first degree.
Sec. 2. This act shall take effect and be in force from and after its passage and approval by the Governor.
Approved January 20, 1886.288
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AN ACT
DECLARING CERTAIN ACTS TO BE MISDEMEANORS, AND PROVIDING PUNISHMENT THEREFOR.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. Every person who wilfully commits any trespass by either, (1.) Cutting down, destroying or injuring any kind of wood or timber, or any trees, standing or growing upon the lands of another; or (2.) Carrying away any kind of wood or timber lying on such lands; or (3.) maliciously injuring or severing from the freehold of another, anything attached thereto, or the produce thereof; or (4.) Digging, taking, or carrying away from any lot situated within the limits of any incorporated town or city, without license of the owner or legal occupant thereof, any earth, soil or stone; or (5.) Putting up, affixing, fastening, printing or painting upon any property belonging to the territory or to any county, city, town or village, or dedicated to the public, or upon any property of any person or corporation, without license from the owner, any notice, advertisement, or designation of, or any name for any commodity, whether for sale or otherwise, or any picture, sign or device intended to call attention thereto: Provided, That nothing contained in this subdivision, shall be construed to prohibit the posting of legal notices; or (6.) Cutting down, girdling, destroying, or injuring any tree, timber or shrub, on the street or highway in front of any person’s house, village, town or city lot, or on the commons or public grounds of any village, town or city, or on the street or highway in front thereof, without lawful authority, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than fifty dollars, or by imprisonment in the county jail not more than twenty days, or by both such fine and imprisonment.
Sec. 2. Every person who either, (1.) Maliciously removes any monument, erected or used for the purpose of designating any point in the boundary of any lot or tract of land; or (2.) maliciously defaces or alters the marks upon any such monuments; or (3.) Maliciously cuts, or burns down, or removes any tree upon which any such marks have been made for such purpose, with intent to destroy such marks, shall be guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine of not more than one hundred dollars, or by imprisonment in the county jail not more than fifty days, or by both such fine and imprisonment.LAWS OF WASHINGTON .
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Sec. 3. This act shall take effect and be in force from and after its passage and approval.
Approved January 15, 1886.
AN ACT
DECLARING IT TO BE A MISDEMEANOR FOR ANY PERSON BY WORDS, SIGNS OR GESTURES, WILFULLY TO PROVOKE OR ATTEMPT TO PROVOKE ANOTHER TO COMMIT AN ASSAULT .AND BATTERY OR OTHER BREACH OF THE PEACE.'
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. Every person who shall, by word, sign or gestures, wilfully provoke or attempt to provoke another person to commit an assault and battery, or other breach of the peace, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not exceeding twenty-five dollars, and shall stan4 committed until such fine and costs are paid, justices of the peace shall have exclusive original jurisdiction of prosecutions under this act within their respective counties.
Sec. 2. This act shall take effect and be in force from and after its passage and approval.
Approved January 9. 1886.
AN ACT
TO AMEND SECTION 825, CHAPTER LXIX OF THE CODE OF WASHINGTON TERRITORY.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That section 825 of chapter LXIX., of the Code of Washington Territory be amended to read as follows: Section 825. Every person who shall wilfully and maliciously set fire to the dwelling house or any building owned by himself whereby the dwelling house or building of another shall be burned or injured by fire; and every person who shall wilfully, purposely, or maliciously set fire to any house, building or structure owned by himself or by any other person, with intent to obtain insurance thereon, or any money or thing of value whatever from any other person, shall upon conviction thereof, be imprisoned in the penitentiary not less than one nor more than ten years, or be imprisoned in the county jail290
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not less than six months nor more than one year, and fined in any sum not exceeding one thousand dollars, and should the life of any person thereby be lost, such offender shall be deemed guilty of murder in the second degree, and be imprisoned in the penitentiary not less than ten nor more than twenty years.
Sec. 2. The provisions of this act shall in nowise effect any act done or crime heretofore committed, but all acts heretofore done and offenses heretofore committed shall be prosecuted and punished in the same manner as if this act had not been passed.
Sec. 3. All acts and parts of acts in conflict herewith are hereby repealed.
Sec. 4. This act shall take effect and be in force from and after its passage and approval bv the Governor.
Approved January 15, 1886.
AN ACT
TO AMEND SECTIONS 830 AND S31 OF THE CODE OF WASHINGTON. Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That sections 830 and 831 of the Code of Washington Territory, be and the same are amended to read as follows: “Section 830. Every person who shall feloniously steal, take and carry, lead and drive away the personal goods or property of another, of the value of thirty dollars or more, shall be deemed guilty of grand larceny and upon conviction thereof, shall be imprisoned in the penitentiary not more than fourteen years nor less than six months. Section 831. Every person who shall feloniously steal, take and carry, lead or drive away the personal goods or property of another, under the Aalue of thirty dollars, shall be deemed guilty of petit larceny, and upon conviction thereof, shall be punished by a fine of not less than twenty-five dollars, nor more than one hundred dollars, or by imprisonment in the county jail not moie than six months or by both fine and imprisonment in the discretion of the court.”
Sec. 2. The sections hereby amended shall remain in force so far as to allow the trial and punishment of all past violations of said sections or either of them.
Sec. 3. This act shall take effect and be in force from and after its approval by the governor.
Approved December 23, 1885.LAWS OF WASHINGTON
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AN ACT
TO AMEND SECTION $28, OF CHAPTER 73, OF THE CODE OF WASHINGTON TERRITORY, IN RELATION TO CARRYING CONCEALED W EAPONS, AND TO PROVIDE FOR THE PUNISHMENT OF THE SAME.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Secton 1. That section 929, of chapter 73, of the Code of ” ashington Territory, be, and the same is herebv amended so as to read as follows: “Section 929. If any person shall carry upon his person any concealed weapon, consisting of either a revolver, pistol, or other firearms, or any knife (other than an ordinary pocket knife) or any dirk or dagger, sling shot or metal knuckles, or any instrument by the use of which injury could be indicted upon the person or property of any other person, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than twenty dollars, nor more than one hundred dollars, or imprisonment in the county jail not more than thirtv days, or bv both fine and imprisonment, in the discretion of the court/ Provided, That this section shall not apply to police officers and other persons whose duty it is to execute process or warrants or make arrests.
Sec. 2. All acts and parts of acts in conflict with the provisions of this act are hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its passage and approval.
Approved January 20, 1886.
AN ACT
TO PREVENT AND PUNISH PRIZE FIGHTING.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That any person or persons arranging, or attempting to arrange, or offering to arrange, engaging or offering to engage in a prize fight, to be fought at any place within the limits of this territory, or otherwise, in any manner either as principal, trainer, assistant, manager, stake-holder, referee, aider, second, abettor, solicitor or agent, whether said prize fight shall take place in this territory or else where, shall be deemed to have committed a felony, and upon conviction shall be punished by imprisonment in the penitentiary at hard labor, not less than one year nor more than five years, or by292
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a fine of not less than five hundred dollars (§500), nor more than two thousand dollars (§2,000), or by both such fine and imprisonment, in the discretion of the court.
Sec. 2. That any person or persons who shall arrange or attempt to arrange, or offer to arrange, or who shall engage or offer to engage in any glove contest, or sparring match, to be carried on, or fought with or without gloves, in any field, public hall, public house or other place frequented by the public generally, or in any place or room open to the general public, or in any place to which the public is or may be invited, where the contestants are to receive any gate receipts, money or emoluments of any nature, or where there is any money staked as bets on the result, or where money is to change hands for any purpose in connection with a contest, shall be deemed guilty of a misdemeanor, and for each offense shall be punished by a fine in any sum not exceeding two thousand dollars, or by imprisonment not exceeding one year, or by both such fine and imprisonment; and each and every person who shall arrange or attempt or offer to arrange, or who shall engage or offer to engage in any glove contest or sparring match, to be carried on or fought with or without gloves, in any private room or place, in the presence of ten or more persons, shall be deemed guilty of a misdemeanor and punished as in this section above provided.
Sec. 3. It shall be the duty of every peace officer in this Territory to see that this act is faithfully enforced, and when any such officer has reason to believe this act is being violated, or is about to be violated, it shall be his duty forthwith, to arrest any person or persons violating the provisions of this act, with or without warrant, and take him or them before the nearest committing magistrate of the county, to be dealt with according to law, and such peace officer may pursue and arrest any person or persons whom he has reason to believe have violated or are attempting to violate any of the provisions of this act, into any county in the Territory, and take such offenders into the county from whence they were pursued, before the proper magistrate. It shall be the duty of every judge on charging the grand jury to read this act and charge such grand jury to diligently inquire into any and all violations of the provisions of the same.
Sec. 4. This act shall take effect and be in force from and after its passage and approval by the Governor.
Approved January 6, 1886.
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AN ACT
TO AMEND SECTION 812, OF THE CODE OF WASHINGTON TER-
RITORY.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That section 812, of the Code of Washington Territory, be amended to read as follows: Section 812. If any person ravish or carnally know any female of the age of sixteen years or more, by force and against her will, or carnally know and abuse any female child under the age of sixteen years he shall be punished by imprisonment in the penitentiary for life or any term of years.
Sec. 2. All acts and parts of acts in conflict with this act are hereby repealed.
Sec. 3. This act shall take effect from and after its passage and approval by the governor.
Approved January 29, 1886.
AN ACT
TO AMEND SECTIONS 2421, 2430 AND 2434 OF CHAPTER CLXXXV OF THE CODE OF WASHINGTON TERRITORY, RELATING TO CORPORATIONS.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That sections 2421, 2430 and 2434 of chapter CLXXXV of the Code of Washington Territory, relating to corporations, be and the same are hereby amended to read as follows, to-wit: Section 2421 is amended to read as follows: Corporations for manufacturing, mining, milling, wharfing and docking, mechanical, banking, mercantile, improvement and building purposes, or for the building, equipping and managing water flumes, for the transportation of wood and lumber, or for the purpose of building, equipping and running railroads, or constructing canals, or engaging in any other species of trade or business, may be formed according to the provisions of this chapter; such corporations and the members thereof being subject to all the conditions and liabilities herein imposed, and to none others: Provided, That no such corporation shall commence business or institute proceedings to condemn land for corporate purposes until the whole amount of its capital stock has been subscribed.
Sec. 2. That section 2430 is amended by adding at the end of such section the following proviso, to-wit: Provided,294
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That the amount of the capital stock of any bank incorporated under this act shall not be less than twenty-five thousand dol-ars, to be divided into shares of one hundred dollars each, all ot which shares shall be subscribed, and three-fifths of such capital stock shall be paid in before commencement of business, the remainder to be subject to the call of the trustees, and it shall be the duty of the trustees of any such bank to file with their articles of incorporation (their affidavit that three-fifths of the capital stock of such bank has been actually paid in.
Sec. 3. That section 2434 is amended by adding at the end ot such section the following proviso, to-wit: “Provided, That the stockholders of every bank incorporated under this act shall be held individually responsible, equallv and ratablv, and not one for another, for all contracts, debts and en^age-ments of such association accruing while they remain °such stockholders, to the extent of the amount of their stock therein at the par value thereof in addition to the amount invested in such shares, and all such banking corporations shall file, on the first Monday in June, each year, with the Territorial auditor, a report sworn to by its president, vice president or cashier of the resources and liabilities, stating the amount of deposits, the aggregate loans and the amount upon each class ot securities, the names and residences of the shareholders and number of their shares, the trustees or officers for the time being; and any other matters affecting the safety of their deposits or the interest of their creditors; and such banking corporations shall have power to exercise, bv its board of trustees or duly authorized officers or agents, all such incidental powers as shall be necessary to carry on the business of bank-ing, bi discounting and negotiating promissorv notes, drafts bills of exchange and other evidences of debt, bv receiving deposits, buying and selling exchange, coin and bullion, by loaning money on real estate or personal security, to accept and c xc cute all trusts, fiduciary or otherwise as may be committed to such bank or corporation by any person, persons or corporation, or by the order or direction of anv court, and mav do any other business pertaining to banking. 'Any person or persons who shall be engaged in the business of banking who shall put up or cause to be put or exhibit any sign or advertisement, purporting thereby to be an incorporated bank, or shall do business under a corporate name when they are not such, shall, on conviction thereof, be adjudged guilty of a misdemeanor and punished by a fine not exceeding two hundred dollars.LAWS OF WASHINGTON
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Sec. 4. This act to take effect and be in force from and after its passage and approval by the Governor.
Approved February 3, 1886?
AN ACT
TO AMEND SECTION 2451, OF CHAPTER 186, OF THE CODE OF WASHINGTON TERRITORY, RELATING TO CORPORATIONS.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That section 2451 of chapter 186 of the Code of A ashington Territory, be, and is hereby amended to read as follows: Section 2451. When such articles shall have been tiled, as aforesaid, the persons who shall have signed and verified the same, and their successors, shall be a bodv politic and corporate, with perpetual succession, they shall be capable in law, of suing and being sued, pleading and being impleaded, answering and being answered in all the courts of the Territory; they may have a common seal, alter and change the same at pleasure; acquire, mortgage and sell property, personal and real, for the purpose of carrying out the objects of the corporation, and make by-laws, rules and regulations, as they may deem proper and best for the welfare and the good order of the corporation; and may amend the articles of incorporation by supplemental articles, executed and filed the same as the original articles: Provided. That such by-laws rules and regulations be not contrary to the constitution and laws of the United States, and the existing laws of the Territory.
Sec. 2. All acts conflicting in any manner with this act are hereby repealed.
See. 3. This act to take effect and be in force from and after its approval by the Governor.
Approved January 19. 1886.
AN ACT
TO AMEND SECTIONS 2479, AND 2480, OF THE CODE OF WASHINGTON TERRITORY, IN RELATION TO FOREIGN CORPORATIONS.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That sections 2479 and 2480, of the Code of296
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Washington Territory, be, and the same are hereby amended to read as follows:
Section 2479. Any corporation, incorporated under the laws of any state or territory, in the United States, or of any foreign country, state or colony, may acquire, hold, use and dispose of in the corporate name, all real estate necessary or convenient to carry into effect the objects of its incorporation, and the transaction of its business, not to exceed 5,000 acres of land, and also any interest in real estate, by mortgage or otherwise, as security for moneys due to, or loans made by such foreign corporation in this Territory, either prior to, or after the passage of this act: Provided; That no foreign corporations hereafter organized for the purpose of dealing in real estate, by buying and selling the same as a part of its business, shall be permitted to transact such business in this Territory: Provided further, Such corporation shall file and record, or cause to be filed and recorded in the office of the Secretary of the Territory, a certified copy of its charter, or articles of incorporation, or memorandum of association, or certificate of incorporation, certified as provided in section 2480 of this code, and shall in all respects comply with the provisions of sections 2480 and 2481, of this code.
Section 2480. Such corporation shall file and record, or cause to be filed and recorded, in the office of the Secretary of the Territory, a certified copy of its charter, or articles of incorporation, or memorandum of association, or certificate of incorporation. When a certified copy of articles of incorporation, or memorandum of association, is filed and recorded, as required by this act, it shall be certified to by the officer with whom, or in whose office, articles of incorporation, or memorandums of association are required to be filed or registered by the laws of the state, territory or colony, where the corporation filing and recording such certified copy was originally incorporated. When a certified copy of a charter is filed and recorded as required by this act, it shall be certified to by the officer who is the legal custodian of original charters of corporations under the laws of the state, territory, county or colony, where the corporation filing and recording such certified copy was originally incorporated, when a certified copy of a certificate of incorporation is filed and recorded, as required by this act, the certificate thereto shall be made by the officer who is authorized to issue certificates of incorporation to corporations, or certificates stating that corporations are duly incorporated by the laws of the state, territory, country or colony where the corporation filing and recording such certified copy was originally incorporated. The certificates required by this act shall be attested by theLAWS OF WASHINGTON
297
officer making the same, under his hand and official seal, or the seal of his office, provided he has an official seal or a seal of office. In the event that such officer has no official seal, or seal of office, his certificate shall state that fact. If the certificate hereby required be made out of the states or territories of the United States, and is not under seal as above provided the genuineness of the signature of the officer making the same, and the fact that at the time of making such certificate the person making the same, held the office described in the certificate, shall be attested by the consul, vice consul or consular agent of the United States at the place where such certificate is made. And such corporation shall constitute and appoint an agent, who shall reside at the place in the territory where the business of said corporation shall be carried on: Provided, That in case any such corporation should desire to carry on business in more than one place in this Territory at one and the same time, then such corporation shall constitute and appoint an agent to reside at the principal place of business of such corporation, as herein provided. No corporation which has heretofore complied with the provisions of the laws of this Territory, hitherto existing, regarding foreign corporations, is required to file and record, or cause to be filed and recorded, the certified copies provided for in this act.
Sec. 2. All acts and parts of acts in conflict with the provisions of this act, are hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its approval by the Governor.
Approved February 3, 1886.
AN ACT
RELATING TO THE COLLECTION OF TAXES IN THE TERRITORY OF WASHINGTON FOR THE YEAR 1885.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That all persons who shall pay their taxes, levied for the year A. D. 1885, on or before March 1, 1886, be and are relieved from paying the penalty provided by law.
Sec. 2. All acts or parts of acts in conflict with this act are hereby repealed.
Sec. 3. This act shall take effect from and after its passage.
Approved December 23, 1885.298
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AN ACT
EXTENDING THE TIME WITHIN WHICH THE TAXES OF 1885 MAY BE PAID.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. The taxes levied for the year 1885 shall not become delinquent until six o’clock p. m. on the 28th of February, 1886. From and after the 1st day of March, 1886, the sheriff shall be collector of said delinquent taxes for 1885. On the first Thursday of March, 1886, the county treasurer must attend at the office of the county auditor and perform the duty required by section 2902 of the Code of Washington. The sheriff as collector of delinquent taxes shall follow the provisions of the law regulating the collection of delinquent taxes, conforming to the changes of date in this act: Provided, And having until the 3rd, Monday in April, 1886, in which to enforce the collection of taxes by distraint of personal property. On the 1st Monday of June, 1886, the said sheriff, as collector of delinquent taxes, having made due advertisement as prescribed by said law, said sheriff changing only the dates to conform to this law, shall commence the sale at public auction of real estate upon which taxes were levied for the year 1885.
Sec. 2. In other respects except as to dates being altered as herein provided, to secure an extension of time, within which said taxes may be paid, the proceedings shall be as in the revenue law now in force.
Sec. 3. The provisions of this act shall only apply to the taxes levied in the year 1885.
Sec. 4. All acts and parts of acts in conflict with the provisions of this act are hereby repealed.
Sec. 5. This act shall take effect and be in force from and after its passage.
Approved January 5, 1886.
AN ACT
TO AMEND SECTIONS 2930 AND 2931 OF THE CODE OF WASHINGTON TERRITORY, IN RELATION TO THE REDEMPTION OF LANDS SOLD FOR TAXES.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That section 2930 be amended to read as follows: Section 2930. All lands, city and town lots, sold toLAWS OF WASHINGTON
299
actual purchasers, shall be subject to redemption by the former owner, mortgagers, execution of attaching creditors within three years thereafter, on the payment of the delinquent taxes with twenty (20) per cent, per annum interest, costs, charges and the accruing taxes to the purchasers, who shall receipt therefor, or to the county treasurer for the use of such purchaser, and if no receipt of such purchaser shall be filed with such treasurer, or no such payment be made to such treasurer, the holder of the certificate of the purchase shall be entitled to receive a deed.
Sec. 2. Section 2931 shall be amended to read as follows: Section 2931. Lands and city and town lots sold to the county for the payment of taxes, may be redeemed by the person, or either of them mentioned in section 2930. by obtaining from the county auditor a certified statement of the amount of all taxes, interest, costs and accrued taxes charged to such land or lots, and paying such amount to the county treasurer, who shall give him a receipt therefor, and the county auditor on filing such receipt shall give to the person redeeming the land or lot a certificate of redemption, signed by him in his official capacity and sealed with the seal of the board of county commissioners, and shall charge such treasurer with the amount of such receipt and shall omit such land or lots so redeemed from his list of county lands: Provided, That in case there shall be no redemption by the owner but redemption by the mortgagee, as prescribed in sections 2930 and 2931, execution or attachment creditors may redeem from the mortgagee by the payment to him of the full amount of the mortgage together with interest thereon as prescribed in the mortgage, and the interest, costs, charges and accruing taxes if any, paid by said mortgagee: And Provided further, If there shall be more than one mortgagee the mortgagers may redeem from each other in succession or an attachment on execution creditor by paying the sum paid by the last redemptioner together with ten per cent, interest thereon and all taxes and costs, if any, paid by him after the preceding redemption: And Provided further, That execution and attachment creditors may redeem from each other by paying the sum paid by the preceding redemptioner with interest thereon at ten per cent, per annum.
Sec. 3. All acts and parts of acts in any manner conflicting with this act are hereby repealed.
Sec. 4. This act to take effect and be in force from and after its passage and approval by the Governor.
Approved January 9, 1886.300
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AN ACT
TO AMEND SECTION 2934 OF CHAPTER 226 OF THE CODE OF WASHINGTON TERRITORY, RELATING TO CONVEYANCE OF REAL ESTATE SOLD FOR TAXES.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That section 2934, of chapter 226, relating to the conveyance of real estate sold for taxes be, and is hereby amended to read as follows: Section 2934. If within three years after the sale of any tract or lot of land for taxes, the same has not been redeemed, as provided by law, the lawful holder of a valid certificate of sale shall be entitled to a deed to the land described in said certificate, and upon the surrender of said certificate to the sheriff, and the payment of all subsequent taxes against said land, if there be any, and the redemption of said lands from all former sales, to the county, not yet redeemed, if there be any, the sheriff must make to the purchaser or his assignee, a deed of the property in fee simple, running in the name of the Territory of Washington, and reciting in the deed substantially the matters contained in the certificate and that no person has redeemed the property during the time allowed by law for its redemption: Provided, however, That no holder or owner of such certificate shall be entitled to a deed of the lands or lots so purchased, until the following conditions have been complied with, to-wit: Such holder or owner shall cause to be served a written or printed notice of such purchase on the person or persons in actual possession or occupancy of such tract or lot of land, and also the person in whose name the same was taxed or assessed, if upon diligent inquiry he can be found in the county, at least sixty days prior to the expiration of the three years aforesaid, in which notiae he shall state when he purchased the land or lot, the description thereof, for what year taxed or specially assessed. and when the time of redemption will expire. If no one is in the actual possession or occupancy of such tract or lot of land, and the person in whose name the same was taxed or assessed, upon diligent inquiry, cannot be found in the county, then the holder or owner of said certificate, shall publish such notice in some newspaper printed and published in the county, and if no newspaper is printed and published in the county, then in the nearest newspaper that is published in this Territory to the county seat in which such tract or lot of land is situated, which notice shall be inserted three times, the first not more than five months and the last not less t han sixty days before the time of redemption shall expire. And the holder or owner of such certificate or his agent shall be-LAWS OF WASHINGTON
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fore he shall be entitled to such deed, make an affidavit of his having complied with the conditions of this section, stating particularly the facts relied on, as such, compliance, which affidavit shall be delivered to the sheriff and which shall, by him, be filed in the office of the county auditor and by him entered on the records of his office, and carefully preserved among the files of his office, which record and affidavit shall be prima facie evidence that such notice has been given. The auditor's fees for recording such affidavit to be paid by the holder of such certificate, and the printer's fee for publishing such notice to be paid by the party redeeming before deed is made, not to exceed two dollars for each tract or lot of land. Any person swearing falsely in such affidavit shall be deemed guilty of perjury and punished accordingly.
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 its approval by the Governor.
Approved February 3, 1886.
AN ACT
TO AMEND SECTIONS 2924, 2933, 2934 OF THE CODE OF WASHING-f TON TERRITORY
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. Section 2924 of the Code of Washington Territory is amended by adding at the end of said section the following: 4 And in case of sale of lands to the county, the sheriff shall execute and deliver to the county auditor a certificate, showing that the county, naming it, has purchased the lands named in the certificate, stating that the same was sold for taxes, the dale of sale, amount paid therefor, and the name of the person in whose name the land was assessed for taxes. Such certificate shall be signed by the sheriff and shall be prima facie evidence of the regularity of all prior proceedings.
Sec. 2. Section 2933 is amended by adding thereto the following proviso, to-wit: Provided, That in all cases where lands are struck off and sold to the county, and certificate issued, as in section 2924, provided said lands shall be assessed and taxed to the person in whose name the same were assessed when sold, for each year, for the three years next subsequent to such sale, and shall not again be sold during said three years.302	LAWS OF WASHINGTON
Sec. 3. Section 2934 is amended by adding thereto the following proviso: “Provided, That in cases wherein lands have been sold to the county, the deed shall include, as consideration therefor, the amount for which the land was sold, together with the taxes, with the interest subsequent to the sale, and shall convey the lands mentioned to the county, and the board of commissioners of the county may, afterward, at any time, sell at public sale the whole or any part of such lands, in giving notice of such sale in manner provided for sales by the sheriff of lands sold on execution, and in such sale the auditor shall for, and in the name of the county, and under the seal of the board of commissioners, execute to the purchaser a quit claim deed, for such lands, on payment of the purchase price, and for cash, and so execute to the county, the sheriff shall receive one dollar.
Sec. 4. This act shall take effect and be in force from and after its passage.
Approved February 4, 1886.
AN ACT
TO PROVIDE FOR THE ASSESSMENT AND TAXATION OF MIGRATORY STOCK.
Be it enacted by the Legislative Assembly «of the Territory of Washington:
Section 1. That when any cattle, horses, sheep or goats are driven into any county in this Territory for the purpose of grazing therein, at any time after the first Monday in April, in any year, they shall be liable to be assessed for all taxes leviable in that county for that year, the same as if they had been in the county at the time of the annual assessment ; and it shall be the duty of the sheriff, in any county in which any of said stock are driven, to assess the same; and the taxes on said stock shall become due upon the assessment of the same, and the sheriff shall collect said taxes at once, in the manner prescribed by law for the collection of delinquent taxes; Provided, That such stock has not been regularly assessed in some other county in the Territory for that year. *
Sec. 2. The payment of taxes in any other state or territory, or the proof that said stock has been assessed for that year in any other state or territory, shall in no way exempt said stock from the operations of section one of this act.
Sec. 3. This act shall take effect and be in force from and after its approval.
Approved January 29, 1886.LAWS OF WASHINGTON
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AN ACT
TO PROVIDE FOR THE DISTRIBUTION OF THE FUND ARISING FROM THE GROSS EARNINGS LAW.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That the board of county commissioners of any county in this Territory, shall pay into the school fund of said county a portion of all moneys heretofore received, or which may at any time hereafter be received by said county, from the territorial treasurer, under and by virtue of an act entitled "An act to provide for the levy and collection of taxes upon the property of the railroad companies in this Territory,” approved November 20, 1883. Said amount so paid to the school fund shall be in proportion to the annual tax levy for the support of schools, as made by said board of county commissioners at its May session in each year.
Sec. 2. This act shall take effect and be in force from and after its approval by the Governor.
Approved February 3, 1886.
AN ACT
TO AMEND SECTION 347 OF THE CODE OF WASHINGTON TERRITORY, IN RELATION TO EXEMPTIONS.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That section 347 of the Code of Washington Territory, be amended to read as follows: Section 347. The following property shall be exempt from execution and attachment, except as hereinafter specially provided:
First—All wearing apparel of every person and family.
Second—All private libraries not to exceed five hundred dollars ($500) in value, and all family pictures and keepsakes.
Third—To each householder one bed and bedding and one addition bed and bedding for each additional member of the family, and other household goods and utensils and furniture not exceeding five hundred dollars ($500) coin in value. The other household goods and utensils and furniture specified above, shall, on the demand of the officer having the execution or attachment in hand, be selected by the husband, if present, if not present, they shall be selected by his wife, and in case neither husband or wife, nor other person entitled to the exemption by having the description of a householder, shall be present to make the selection, then the sheriff shall304
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make a selection of the household goods, utensils and furniture equal in value to said five hundred dollars ($500) and shall return the same as exempt by inventory, and such selection by the sheriff or other person described above shall be prima facie evidence: First—That such household goods, utensils and furniture are exempt from execution and attachment. Secondly—That the value of the property so selected is not over five hundred dollars ($500).
Fourthly—To each householder two cows, with their calves, five swine, two stands of bees, thirty-six domestic fowls, and provisions and fuel for the comfortable maintenance of such householder and family for six months, also feed for such animals for six months: Provided, That in case such householder shall not possess, or shall not desire to retain the animals named above, he may select from his propertv and retain other property not to exceed two hundred and fifty dollars ($250) coin in value. The selection in the proviso mentioned shall be made in the manner, and by the person and at the time mentioned in subdivision 3, and said selection shall have the same effect as selections made under subdivision 3, of this section.
Fifthly—To a farmer one span of horses or mules with harness, or two yoke of oxen, with yokes and chains and one wagon; also farming utensils actually used about the farm, not exceeding in value five hundred ($500) dollars in coin; also one hundred and fifty bushels of wheat; one hundred and fifty bushels of oats or barley; fifty bushels of potatoes; ten bushels of corn; ten bushels of peas, and ten bushels of onions for seeding purposes.
Sixthly—To a mechanic, the tools and instruments used to carry on his trade for the support of himself and family, also material used in his trade not exceeding in value five hundred dollars in coin.
Seventhly—To a physician, his library, not to exceed in value five hundred dollars in coin; also one horse with harness and buggy; the instruments used in his practice, and medicines not exceeding in value two hundred dollars in coin.
Eightly—To attorneys, clergymen, and other professional men their libraries, not exceeding one thousand dollars in coin value; also office furniture, fuel and stationery not exceeding in value two hundred dollars in coin.
Ninthly—All firearms kept for the use of anv person or family.
Tenthly—To any person a canoe, skiff or small boat, with its oars, sails and rigging, not exceeding in value two hundred and fifty dollars.
Eleventhly—To a person engaged in lightering for his support or that of his family, one or more lighters, barges orLAWS OF WASHINGTON
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scows, and a small boat with oars, sails and rigging not exceeding in the aggregate two hundred and fifty dollars in coin value.
Twelfthly—To a teamster or drayman engaged in that business for the support of himself or his family, his team, consisting of one span of horses, or mules, or two yoke of oxen, or a horse and mule with harness, yokes, one wagon, truck, cart or dray.
Thirteenthly—To a person engaged in the business of logging for his support or that of his family, three yoke of work cattle and their yokes, and axes, chains, implements for the business, and camp equipments, not exceeding three hun dred dollars coin in value.
Fourteenthly—A sufficient quantity of hay, grain or feed to keep the animals mentioned in the several subdivisions of this chapter, for six weeks. But no property shall be exempt from an execution issued upon a judgment for the price thereof, or any part of the price thereof, or for any tax levied thereon. Each person shall be entitled to select the property to which he is entitled under the several subdivisions of this act.
Sec. 2. The act to amend section 347 of the Code of Washington Territory, approved November 23, 1883, is hereby repealed.
Sec. 3. All acts and parts of acts in conflict with this act are hereby repealed.
Sec. 4. This act to take effect from and after its passage and approval.
Approved January 29. 1886.
AN ACT
TO DIVIDE THE TERRITORY OF WASHINGTON INTO COUNCID AND REPRESENTATIVE DISTRICTS, AND TO APPORTION THE MEMBERS OF THE COUNCIL AND HOUSE OF REPRESENTATIVES, AMONG THE SEVERAL DISTRICTS, IN ACCORDANCE WITH THE POPULATION.
Be it enacted by the Legislative Assembly of the Territory of "Washington:
Section 1. That the Territory of Washington, be, and is hereby divided into council and representative districts, as hereinafter provided, and the several members of the council and house of representatives are apportioned among the several districts, as near as may be, in accordance with the population, as hereinafter provided.306
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Sec. 2. The county of Walla Walla shall constitute the first council district, and shall be entitled to and elect one member of the council. The counties of Columbia, Garfield and Asotin shall constitute the second council district, and shall be entitled to and elect one member of the council. The county of Whitman shall constitute the third council district, and shall be entitled to, and elect one member of the council. The counties of Spokane and Stevens shall constitute the fourth council district, and shall be entitled to, and elect one member of the council. The counties of Lincoln, Douglas, Franklin, Adams, Yakima and Kittitas shall constitute the fifth council district, and shall be entitled to, and elect one member of the council. The counties of Klickitat, Skamania and Clarke shall constitute the sixth council district, and shall be entitled to, and elect one member of the council. The counties of Clarke, Cowlitz and Lewis shall constitute the seventh council district, and shall be entitled to, and elect one member of the council. The counties of Wahkiakum, Pacific, Chehalis and Thurston shall constitute the eighth council district, and shall be entitled to, and elect one member of the council. The county of Pierce shall constitute the ninth council district, and shall be entitled to, and elect one member of the council. The county of King shall constitute the tenth council district, and shall be entitled to, and elect one member of the council. The counties of King, Snohomish and Skagit shall constitute the eleventh council district, and shall be entitled to, and elect one member of the council. The counties of Whatcom, San Juan, Island, Jefferson, Clallam, Mason and Kitsap shall constitute the twelfth council district, and shall be entitled to, and elect one member of the council.
Sec. 3. The county of Walla Walla shall constitute the first representative district, and shall be entitled to, and elect two representatives. The county of Columbia shall constitute the second representative district, and shall be entitled to, and elect one representative. The counties of Garfield and Asotin shall constitute the third representative district, and shall be entitled to, and elect one representative. The county of Whitman shall constitute the fourth representative district and shall be entitled to, and elect two representatives. The county of Spokane shall constitute the fifth representative district, and shall be entitled to, and elect one representative. The counties of Spokane and Stevens shall constitute the sixth representative district and shall be entitled to, and elect one representative. The counties of Lincoln, Douglass, Franklin and Adams shall constitute the seventh representative district and shall be entitled to, and elect one representative. The counties of Yakima and Kittitass shall constitute the eighthLAWS OF WASHINGTON
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representative district, and shall be entitled to, and elect one representative. The county of Klickitat shall constitute the ninth representative district, and shall be entitled to, and elect one representative. The county of Clarke shall constitute the tenth representative district, and shall be entitled to, and elect one representative. The counties of Skamania, Clarke and Cowlitz shall constitute the eleventh representative district, and shall be entitled to, and elect one representative.-The counties of Wahkiakum, Pacific and Chehalis shall constitute the twelfth representative district, and shall be entitled to, and elect one representative. The county of Lewis shall constitute the thirteenth representative district, and shall be entitled to, and elect one representative. The counties of Thurston and Mason shall constitute the fourteenth representative district, and shall be entitled to, and elect one representative. The county of Pierce shall constitute the fifteenth representative district and shall be entitled to, and elect two representatives. The county of King shall constitute the sixteenth representative district, and shall be entitled to, and elect three representatives. The counties of Snohomish and Skagit shall constitute the seventeenth representative district, and shall be entitled to, and elect one representative. The counties of Whatcom, San Juan and Island shall constitute the eigtheenth representative district, and shall be entitled to, and elect one representative. The counties of Jefferson. Clallam and Kitsap shall constitute the nineteenth representative district, and shall be entitled to, and elect one representative.
Sec. 4. All acts, and parts of acts, in conflict with the provisions of this act, are hereby repealed, and the several members of the legislative assembly shall be elected in the several districts as hereinabove provided.
Sec. 5. This act shall take effect and be in force from and after its passage and approval.
Approved January 29. 1886.
AN ACT
TO PRESCRIBE THE TENURE OF OFFICE IN THE TERRITORY OF WASHINGTON.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That all district, county and precinct officers elected by the people at the general election in the year 1884, and now holding office by virtue of law thereunder, shall hold308
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their offices until the first Monday in March, 1887, and until their successors are elected and qualified.
Sec. 2. That all district, county and precinct officers hereafter to be elected in this Territory in pursuance of law, shall hold their offices for the term of two (2) years from and after the first Monday in March, not succeeding their election, and until their successors are elected and qualified.
Sec. 3. All acts or parts of acts in conflict with the provisions of this act, be, and the same are hereby repealed.
Sec. 4. This act to take effect and be in force from and after its passage and approval by the Governor.
Approved February 4, 1886.
AN ACT
TO FIX THE TERM AND TENURE OF CERTAIN OFFICES AND OFFICERS OF THE TERRITORY.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That the Territorial auditor. Territorial treasurer, Territorial librarian, the superintendent of public instruction, the members of the board of education, the inspector of coal mines, trustees of the hospital for the insane, the regents of the university, and each and every officer who was nominated by the Governor, and by and with the advice and consent of the legislative council, appointed to the several officers (offices) respectively, now held by them, shall each and every of them, hold their several offices until the third Monday of February, 1886, and until their successors are appointed and qualified.
Sec. 2. The term of office of each and every officer named in the first section hereof, and referred to in said section, shall not expire until the third Monday in February, 1886.
Sec. 3. The Governor shall on or before the first Monday in February, nominate and by and with the advice and consent of the legislative council, appoint some suitable and qualified person to fill each and every of the offices named in said section one, as well as each and every officer he is required to nominate, and by and with the advice and consent of the legislative council to appoint, the terms of office of each and every of such officers shall commence on the third Monday in February, 1886, and expire on the third Monday of February, 1888.
Sec. 4. All acts and parts of acts in conflict with the pro visions of this act are hereby repealed.LAWS OF WASHINGTON
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Sec. 5. This act shall take effect and be in force from and after its passage and approval.
Approved December 23, 1885.
AN ACT
TO AMEND SECTIONS 2419 AND 2420 OF THE CODE OF WASHINGTON TERRITORY, RELATING TO ALIENS.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That section 2419 of the Code of Washington Territory, be and the same is amended to read as follows: “Section 2419. Any alien, except such as by the law’s of the United States, are incapable of becoming citizens of the United States, may acquire and hold lands, or any right thereto or interest therein by purchase, devise, or descent, and he may convey, mortgage and devise the same, and if he shall die intestate, the same shall descend to his heirs; and in all cases such lands shall be held conveyed, mortgaged or devised, or shall descend in like manner and with like effect as if such alien were a citizen of this Territory or of the United States.
Sec. 2. That section 2420 of the Code of Washington Territory, be and the same is hereby amended to read as follows: “Section 2420. That any alien, except such as, by the law s of the United States, are incapable of becoming citizens of the United States, whether a resident of this Territory or not, shall be and is hereby permitted to construct, build, equip, lease, use, sell, hold and dispose of, or acquire, by purchase, or otherwise, any railroad, tramway, or bridge, in this Territory, and shall be, and is hereby allowed to work and operate the same, to acquire and hold lands in connection therewith, to mortgage the same, or said railroad, tramway or bridge, and to transact the business, collect and receive tolls, hold, use and dispose of the franchise, and rights of any such railroad, tramway or bridge, with the same powers and privileges in all respects as now, or may hereafter belong to citizens of this Territory.
Sec. 3. This act shall take effect and be in force from and after its passage and approval.
Approved January 29, 1886.310
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AN ACT
RELATING TO PUBLIC HIGHWAYS.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That all highways, crossings or ending on any river, creek or stream, shall be open the same width down to, and across said river, creek, or stream, as it is before it reaches said stream.
Sec. 2. Be it further enacted: That the passage-ways for stock, under any road, shall be covered with suitable plank, not less than sixteen feet in length, and it shall be lawful for the fences, of either side, to converge to the bridge over said passage-way. The said passage-way shall be kept securely covered by the person who owns the adjoining lands, and shall be kept in repair by said owner. The approaches to the bridges over said passage-ways shall also be kept in good repair by said owner.
Sec. 3. All acts and parts of acts in conflict with this act are hereby repealed.
Sec. 4. This act shall take effect and be in force from anil after its passage and approval by the Governor.
Approved January 20, 1886.
AN ACT
TO AMEND SECTION 2762, OF THE CODE OF WASHINGTON TERRITORY.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That section 2762 be, and hereby is amended to read as follows: Section 2762. The said surveyor and his deputies may demand and receive for their services the following fees, to-wit: For a half, or fraction less than one-half day’s work, two dollars and fifty cents for every day’s work actually employed, five dollars, and for every mile traveled in going to and returning from work, the sum of ten cents; for copy of a plat of land or certificate of survey, fifty cents; making out a complete report of any road, including field notes, one dollar; if such survey exceeds five miles, two dollars: Provided, That the surveyor shall not draw pay as road viewer and surveyor at the same time: Provided, In all surveys made by authority of the board of county commissioners, or any board of trustees; chain bearers and axmen shall receive two dollars per day.LAWS OF WASHINGTON
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Sec. 2. All acts, or parts of acts, in conflict with this act are hereby repealed.
Sec. 3. This act to take effect and be in force from and after its approval.
Approved February 3, 1886.
AN ACT
TO PROVIDE FOR THE RE-ESTABLISHMENT OF LOST AND UNCERTAIN BOUNDARIES TO LANDS.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That whenever the boundaries of lands between two or more adjoining proprietors shall have been lost, or by time, accident or any other cause, shall have become obscure, or uncertain, and the adjoining proprietors cannot agree to establish the same, one or more of said adjoining proprietors may bring his civil action in equity, in the district court, for the county in which such lands, or part of them are situated. and such district court, as a court of equity, may upon such complaint, order such lost or uncertain boundaries to be erected and established and properly marked.
Sec. 2. Said court may, in its discretion, appoint commissioners, not exceeding three competent and disinterested persons, one or more of whom shall be practical surveyors, residents of the Territory, which commissioners shall be, before entering upon their duties, duly sworn to perforin their said duties faithfully, and the said commissioners shall thereupon, survey, erect, establish and properly mark said boundaries, and return to the court a plat of said survey, and the field notes thereof, together with their report. Said report shall be advisory and either party may except thereto, in the same manner as to a report of referees.
Sec. 3. That the proceedings shall be conducted as other civil actions, and the court, on final decree, shall apportion the costs of the proceedings equitably, and: the cost so apportioned, shall be a lien upon the said lands, severally, as against any transfer or incumbrance made of, or attaching to said lands, from the time of the filing of the complaint: Provided, A notice of lis pendens, is filed in the auditor’s office of the proper county, in accordance with law.
Sec. 4. This act shall take effect and be in force from and after its passage and approval.
Approved January 16, 1886.312
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AN ACT
FIXING THE RATE TO BE PAID FOR PUBLIC PRINTING, AND PROVIDING FOR AUDITING THE ACCOUNTS OF THE PUBLIC PRNTER.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That the compensation for incidental printing for the legislative assembly shall be as follows: For composition for all reports and pamphlets, not to exceed sixty (60) cents per thousand ems, printer’s measurement, and not to exceed thirty (30) cents per token of two hundred and fifty impressions per form of press-work; for paper not to exceed fifteen (15) cents per pound; for paper binding, actual cost; for composition of all resolutions and memorials not to exceed thirty (30) cents per thousand ems, for press-work, not to exceed thirty (30) cents per token of two hundred and fifty impressions, each form, and for paper not to exceed twenty-five cents per pound.
Sec. 2. That John M. Murphy, Thos. G. Nicklin, and T. M. Reed, Territorial auditor, who shall be duly sworn, be, and they are hereby appointed and constituted a board to audit the accounts of T. H. Cavanaugh, for printing the reports, pamphlets, resolutions and memorials.
Sec. 3. That the Territorial auditor shall draw his warrants upon the Territorial treasury in favor of T. H. Cavanaugh for incidental printing as audited by said board; which amounts shall be paid out of any money in the treasury, not otherwise appropriated.
Sec. 4. That John M. Murphy and Thos. G. Nicklin be and the same are hereby allowed the sum of five dollars each for their services upon said board, to be audited and paid in the same manner that other accounts against the Territory are paid.
Sec. 5. All acts and parts of acts in conflict with this act be and the same are repealed.
Sec. 6. This act shall take effect and be in force from and after its passage and approval.
Approved February 3, 1886.LAWS OF WASHINGTON
313
AN ACT
IN RELATION TO THE FISCAL YEAR, REPORTS OF OFFICERS AND INCIDENTAL PRINTING OF THE TERRITORY OF WASHINGTON.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That the fiscal year of the Territory of Washington, for the purposes of this act, shall commence on the first day of October and end on the thirtieth day of September of each year.
Sec. 2. It is hereby made the duty of all officers, who are required by law to make reports to any Territorial officer or officers, to transmit such reports to the proper officers on or before the tenth day of October of each year.
Sec. 3. The Territorial treasurer, superintendent and board of trustees of the hospital for the insane, board of regents of the Territorial university, pilot commissioners, librarian and all other Territorial officers, elected or appointed by the Governor, shall transmit their biennial reports to the Governor before October 15, immediately preceding the commencement of each biennial session of the legislative assembly. Provided, That the Territorial auditor and superintendent of public instruction shall be granted until the 31 day of the same month in which to report to the Governor.
Sec. 4. It shall be the duty of the Territorial auditor to publish for four consecutive weeks in the month of September, immediately preceding the biennial session of the legislature, in one newspaper in each judicial district of the Territory, a notice to printers, calling for bids for the printing of the re-norts of the Territorial officers; said bids to state the price pel -thousand ems for composition; the price per token of 250 impressions of eight page forms, press work; the weight, quality and price of paper and price of binding of said reports. There shall be printed 1,000 reports of the Territorial auditor, and 500 copies of each of the reports of the treasurer, superintendent, and board of trustees hospital for insane; 1,000 copies of the report of the superintendent of public instruction, and 100 copies each of the reports of other Territorial officers.
Sec. 5.' On the second Monday in October, next preceding the biennial session of the legislature, the Territorial auditor shall, in presence of the Territorial treasurer, proceed to open and examine the bids for the Territorial printing and the bid or bids of the lowest responsible publisher in the Territory of Washington shall be accepted and the person or firm to whom the contract is awarded shall be required, before commencing the work, to give a good and sufficient bond to the Territory in the sum of one thousand dollars, to be ap-314
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proved by the Territorial auditor, conditioned for the faithful and prompt execution of the printing of said reports in a good and workmanlike manner, and to deliver the same to the Territorial auditor on or before the first day of the biennial session of the legislature next ensuing.
Sec. 6. It shall be the duty of the Governor, not later than ten days after he shall have received the reports of the Territorial officers, as provided in section 3 of this act, to deliver the same upon application to the successful bidder for the printing of the same: Provided, The said bidder shall have executed and filed his bond as required in this act.
When said reports shall have been printed and delivered to the Territorial auditor, as provided in section 5 of this act, the said auditor shall deliver the said printed reports into the custody of the Governor, to be transmitted bv him to the legislative assembly.
Sec. 7. A hen said reports shall have been printed and delivered to the Territorial auditor, as provided in section 5 of this act, the said auditor shall deliver the said printed reports into the custody of the Governor, to be transmitted by him to the legislative assembly.
Sec. 8. It shall be the duty of the Territorial auditor to audit all bills or accounts in connection with the advertising for bids and in the printing and binding of said reports, as provided in section 4 of this act, as shall be found reasonable and just, and to draw warrants upon the Territoral treasurer for the payment of the same.
Sec. 9. All acts or parts of acts in conflict with this act are hereby repealed.
Sec. 10. This act to take effect and be in force on and after its approval by the Governor.
Approved February 4, 1886.
AN ACT
TO AMEND SECTIONS TWENTY-SIX HUNDRED AND NINETY-TWO AND TWENTY-SIX HUNDRED AND NINETY-THREE, OF THE CODE OF WASHINGTON TERRITORY, RELATING TO COUNTY PRINTING.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That section twenty-six hundred and ninety-two of the Code of Washington Territory, be and the same is hereby amended to read as follows: Section 2692. In all counties where two or more weekly newspapers are published itLaws of Washington
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shall be the duty of the county commissioners, at their Mav meeting each year, to let the advertising and official publication of all notices to the publisher thereof who is the best and lowest responsible bidder: Provided, That in all cases the county commissioners shall consider the question of circulation in awarding the county printing contract with view to ghing said printing the widest publicity; and no newspaper shall be eligible as a competitor, nor shall a contract be let to any newspaper, unless the same shall have been established for at least six months, and has a general and bona fide circulation throughout the county in which it is published. And provided further, That in counties where there is no newspaper published, the commissioners of such county, shall cause the printing of said county to be done in some newspaper in the Territory, of general circulation in the county, have (having) no resident newspaper, and the newspaper to which such contract is let, shall be designated as the official newspaper of the county: Provided, That the county commissioners shall require a bond in double the amount involved in the contract, for the correct and faithful performance of the work: Provided, further, That the term of the successful bidder shall not commence until the first of July succeeding the May term.
Sec. 2. That Sec. twenty-six hundred and ninety-three, of the Code of Washington be, and the same is hereby amended to read as follows: Section twenty-six hundred and ninety-three. It shall be the duty of the county auditor, at least five weeks before, and not more than eight weeks before the meeting of the county commissioners at the May term, to advertise for proposals for the public printing, for the term of one year, which advertisement shall be inserted for four (4) consecutive weeks in the official newspaper of the county, or if there be no official newspaper, then in some newspaper adjacent to said county, having a general circulation in said county, as provided in section one of this act: Provided, That the county commissioners shall not be compelled in any event to accept any bid for a greater price than one dollar per square, nonpareil, for first insertion, straight matter, and fifty cents per square for each subsequent insertion.
Sec. 3. All acts, and parts of acts in conflict with this act are hereby repealed.
Sec. 4. This act shall take effect and be in force from and after its passage and approval by the Governor.
Approved February 3, 1886.316
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AN ACT
TO PROVIDE FOR THE PRINTING AND DISTRIBUTION OF THE GOVERNOR’S MESSAGE AND REPORT.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That the sum of fourteen hundred dollars, or so much thereof as may be necessary for the purpose, be and the same is hereby appropriated from the treasury of this Territory, for the purpose of printing seventeen thousand copies of the message and report of the Governor of this Territory for the year 1885, with a map of the Territory.
Sec. 2. The Governor of this Territory is hereby authorized to contract with the Lowman & Hanford stationery and printing company, for the printing of seventeen thousand copies of said message and report, with a map of the Territory, in pamphlet form, and in a neat and workman-like manner, on book paper of good quality, for a sum not exceeding the sum of fourteen hundred dollars, in accordance with the offer made by said company.
Sec. 3. Upon the delivery of the said seventeen thousand printed copies of said report to the Territorial auditor, by said company, the auditor shall issue to said company his warrant upon the Territorial treasurer for the amount of the contract price of said work, which amount shall be certified to by the Governor.
Sec. 4. The Territorial auditor shall distribute said pamphlets as follows: Four thousand copies shall be sent to E. Meeker, commissioner for this Territory to the World’s Exposition at New Orleans; two thousand copies shall be given to the Governor; two hundred copies shall be given to each member of the present legislative assembly; two thousand copies shall be given to the several chambers of commerce, now organized and existing within the Territory, each to receive an equal number; one hundred copies shall be placed in the custody of the Territorial librarian, to be preserved for future reference; and the remaining copies shall be for general distribution, among the people of the Territory by the Territorial auditor.
Sec. 5. This act shall take effect and be in force from and after its passage and approval by the Governor.
Approved February 4, 1886.LAWS OF WASHINGTON
317
AN ACT
TO AMEND AN ACT ENTITLED, “AN ACT FOR THE PROTECTION OF FISH AND GAME,” APPROVED NOVEMBER 27, 1883.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That section one, of said act be, and is hereby amended to read as follows: Section 1. That every person who shall, within the Territory of Washington, between the fifteenth day of January and the fifteenth day of August, from and after the passage of this act, pursue, hunt, take, kill or destroy any deer or fawn, shall be deemed guilty of a misdemeanor. Every person who, after the passage of this act, shall take, kill or destroy any deer, at any time, unless the carcass of such animal is used or preserved by the person slaying it, or is sold for food is guilty of a misdemeanor. Every person, who after the passage of this act, shall hunt or pursue deer with a dog or dogs in the counties of San Juan, Whatcom, Island. Mason, Cowlitz, Kitsap and Kittitass, shall be guilty of a misdemeanor.
Sec. 2. That section 4, of said act be, and the same is hereby amended to read as follows: Section 4. Every person who shall, within the Territory of Washington, between the first day of April and the first day of September, of each year, take, kill, injure, or destroy, or have in possession, sell or offer for sale, any wild swan, mallard duck, wood duck, widgeon, teal, butter-ball, spoon-bill, gray, black, sprig-tail, or canvas-back duck, shall be deemed guilty of a misdemeanor.
Sec. 3. That section 5, of said act, be, and the same is hereby amended to read as follows: Section 5. Every person who shall, within the Territory of Washington, between the first day of February and the first day of September, of each year, for any purpose, take, kill, injure or destroy, or have in possession, sell, or offer for sale, any prairie chicken, sage hen. grouse pheasant, partridge or" quail, shall be deemed guilty of a misdemeanor.
Sec. 4. That section seven of said act be, and the same is hereby amended to read as follows: Section 7. Every person who shall, within the Territory of Washington, during the months of November, December. January, February and March, of any year, catch, kill, or have in possession, sell, or offer for sale, any mountain or brook trout, shall be guilty of a misdemeanor. Every person who shall, within the Territory of Washington, take, or attempt to take, or catch with any seine, net, weir, or other device than hook and line, any mountain, brook, or bull trout, or salmon trout, at any time318
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after the passage of this act, shall be deemed guilty of a misdemeanor.
Sec. 5. Section 9 of said act shall be, and the same is hereby amended by striking out the words “or other wild fowl” and inserting the word “or” between the words “quail” and “partridge.”
Sec. 6. Any person may, at any time, kill on his own premises, ducks, prairie chicken or deer, to protect his growing crops.
Sec. 7. Be it further enacted. That section 6, of said act, is hereby repealed.
Sec. 8. All acts, or parts of acts, in conflict herewith are hereby repealed.
Sec. 9. This act shall take effect and be in force from and after its passage and approval.
Approved January 29, 1886.
AN ACT
•TO AMEND SECTIONS 2557 AND 2558 OF THE CODE OF WASHINGTON TERRITORY, RELATING TO BOUNTY FOR KILLING WILD ANIMALS.
Pe it enacted by the Legislative Assembly of the Territory of Washington:
Section L That section 2557 of the Code of Washington Territory, be amended to read as follows: Section 2557. The county commissioners of the several counties of this Territory are hereby authorized to offer and pay out of the county funds of the county treasury, a bounty for the scalps of cougars, or panthers or mountain lions, black or cinnamon bears, wild cats, black and gray wolves, musk rats, squirrels, lynx and cayotes.
Sec. 2. That section 2558, of the Code of Washington Territory, be amended to read as follows: Section 2558: The bounty provided for in this chapter shall not exceed, for each scalp as follows: For each mountain lion, cougar or panther, not more than five dollars; for each black or cinnamon bear, not more than four dollars; for each black or gray wolf, not more than five dollars; for each wild cat, not more than two dollars; for each cayote, not more than one dollar; for each lynx, not more than two dollars; for each musk rat, caught within fifty yards of any dike or dam. not less than ten, nor more than twenty cents; and for each squirrel, not more than five cents: Provided, That in the county of Clarke the board of commissioners may offer and pay double theLAWS OF WASHINGTON
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amount specified as a bounty for killing the animals named.
Sec. 3. This act shall take effect and be in force from and after its passage and approval by the Governor.
Approved February 3, 1886.
AN ACT
MORE SPECIFICALLY DEFINING THE JURISDICTION AND DUTIES OF DISTRICT COURTS IN THE TERRITORY OF WASHINGTON, IN REGARD TO THE NATURALIZATION OF ALIENS.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. The district courts holding terms at the several times and places, fixed by law in this Territory, shall have jurisdiction, and it shall be their duty to hear applications and proofs by aliens to become citizens of the United States, and to grant certificates of citizenship to such applicants, in accordance with section 2165, of the revised statutes of the United States.
Sec. 2. This act shall take effect and be in force from and after its passage and approval.
Approved January 19, 1886.
AN ACT
TO AMEND SECTION 3050, OF CHAPTER 238 OF THE CODE OF WASHINGTON TERRITORY, AS AMENDED BY AN ACT ENTITLED, “AN ACT TO AMEND SECTION 3050, OF CHAPTER 238 OF THE CODE OF WASHINGTON TERRITORY,” APPROVED NOVEMBER 23, 1883.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That section 3050 of chapter 238 of the Code of Washington Territory, as amended by an act, entitled “An act to amend section 3050 of chapter 238 of the Code of Washington Territory,” approved Nov. 23, 1883, be, and is hereby further amended to read as follows, to-wit: Section 3050. All American citizens, male and female, above the age of twenty-one years, and all American half-breeds, male and female, over that age, who have adopted the habits of the whites, and all other inhabitants, male and female, of this Territory, above that age who shall have declared, on oath, their intentions to become citizens, at least six months320
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previous to the day of election, and shall have taken an oath to support the constitution of the United States, and the organic act of this Territory, at least six months previous to the day of election, and who shall have resided six months in the Territory, sixty days in the county, and thirty days in the precinct, next preceding the day of election, and none other shall be entitled to hold office, or vote at any election in this Territory: Provided, That no officer, soldier, seaman or marine in the army or navy of the United States, or attached to troops in the service of the United States, shall be allowed to vote at any election in this Territory, by reason of being in service therein, unless said Territory is, and has been for the period of six months, his permanent domicile, provided he was a citizen of this Territory at the time of his enlistment: And provided further, That no person belonging to the army or navy of the United States shall be elected to, or hold any civil office, or appointment in this Territory: Providing, That this provision shall not apply to officers of the army or navy on the retired list.
Sec. 2. All acts and parts of acts in conflict with this act are hereby repealed.
Sec. 3. This act to take effect and be in force from and after its approval.
Approved January 29, 1886.
AN ACT
TO AMEND SECTIONS 1975 AND 1977 OF CHAPTER 139 OF THE CODE OF WASHINGTON TERRITORY, RELATING TO LIENS.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That section 1975 of chapter 139 of the Code of Washington Territory, be and the same is hereby amended to read as follows, to-wit: Section 1975. Any person who shall do labor upon any farm or land, in tilling the same or in sowing or harvesting, or laboring upon, or securing, or assisting in securing, or housing any crop or crops sown or raised thereon, during the year in which said work or labor was done, such person shall have a lien upon all such crop or crops as shall have been raised upon all or any of sajd land, for such work and labor, and every landlord shall have a lien upon the crops grown or growing upon the demised premises of any year, for the rent accrued or accruing for such year, whether the same is paid wholly or in part, in money or specific articles of property, or products of the onLAWS OF WASHINGTON
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premises or labor, and also for the faithful performance of the lease. In all cases where the demised premises shall be sublet, or the lease is assigned, the landlord shall have the same right to enforce his lien against the sublessee or assignee that he has against the tenant to whom the premises were demised. When a tenant abandons or removes from the premises or any part thereof, the landlord, his agent or attorney, may seize upon any grain or other crops grown or growing upon the premises or any part thereof, so abandoned, whether the rent is due or not, and hold the same until he can enforce his lien. If such grain or other crops, or any part thereof. is not fully grown or matured, the landlord, his agent or attorney, may cause the same to be properly cultivated and harvested, or gathered. When the same are sold the proceeds shall be applied so far as may be necessary to compensate him for his labor and expenses, and to pay the rent: Provided, The tenant may, at any time before sale of the property so seized, redeem the same by paying the rent due, and the reasonable compensation and expenses of the cultivating and harvesting, or gathering the same: Provided, That the laborer's lien herein shall be a preferred lien over the landlord’s lien provided for in this section.
Sec. 2. That section 1977 of said chapter 139, be and the same is hereby amended to read as follows: Section 1977. Any person claiming the benefit of this chapter, must within thirty davs after the close of said work and labor, or after the expiration of the term, or after the expiration of each year of the lease, for which any lands were demised, file for record with the county auditor, of the county in which said work and labor was performed, or said demised lands are situated, a claim which shall be in substance in accordance with the provisions of section 1917, so far as the same may be applicable, which said claim shall be verified as in said section provided, and said liens may be enforced in a civil action in the same manner as near as may be, as provided in section 1951: Provided, That the lien hereby created in favor of landlords shall only apply when the lease has been recorded.	.	.
Sec. 3. All acts and parts of acts in conflict with this act are hereby repealed.
Sec. 4. This act to take effect and be in force from and after its approval by the Governor.
Approved January 21, 1886.322
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AN ACT
TO PROVIDE FOR THE REDEMPTION OF REAL ESTATE SOLD UNDER JUDGMENT OR FORECLOSURE OF MORTGAGE.
Be it enacted by the Legislative Assembly of the Territory of Washington:
, . Section 1. That the judgment debtor, or his successor, in interest may redeem any real estate sold under execution of judgment or foreclosure of mortgage, at any time within one year from the date of the sale, by paying the amount of purchase money with interest, at the rate of one per centum per month thereon from the date of sale together with the amount of any taxes which the purchaser may have paid.
Sec. 2. This act to take effect and be in force from and after its approval.
Approved February 3, 1886.
AN ACT
TO SECURE THE CANCELLATION OF SATISFIED MORTGAGES. Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That whenever the amount due on any mortgage is paid and satisfied, the mortgagee or his legal representatives shall, at the request of the mortgagor or his authorized agent, acknowledge satisfaction of the same in the margin of the page upon which the mortgage is recorded, or by executing an. instrument referring to the mortgage, specifically describing the property mortgaged, giving the amount for which it was given to secure, the date of execution and date of record of said mortgage, and shall acknowledge satisfaction in full of the same, which shall be dulv acknowledged and recorded upon the records of the county wherein the mortgage is recorded.
Sec. 2. If the mortgagee shall fail so to do after sixty days from the date of such request or demand, he shall for-ieit and pay to the mortgagor the sum of twenty-five dollars, to be recovered in any court having competent jurisdiction, and said court, when, convinced that said mortgage has been iully satisfied, shall issue an order in writing, directing the auditor to cancel said mortgage, and the auditor shall immediately record the order and cancel the mortgage as directed by the court, upon the margin of the page upon whichLAWS OF WASHINGTON
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the mortgage is recorded, making reference thereupon to the order of the court and to the page where the order is recorded.
Sec. 3. All acts and parts of acts in conflict with the provisions of this act are hereby repealed.
Sec. 4. This act to take effect and be in force from and after its approval by the Governor.
Approved January 29, 1886.
AN ACT
TO AMEND SECTION TWO OF AN ACT IN RELATION TO SAW LOGS AND OTHER TIMBER, APPROVED NOVEMBER 28, 1883.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That section two of an act entitled an act in relation to saw logs and other timber, approved November 28th, 1883, be, and the same is, amended to read: Section 2. Any person violating the provisions of this act, shall be deemed guilty of a misdemeanor and, on conviction thereof, shall be fined in any sum not exceeding three hundred dollars, and stand committed until paid: Provided, That^ the provisions of this act apply only to the counties of V\ hat-com, Skagit, Snohomish and Island.
Sec. 2. This act to take effect and be in force from and after its approval.
Approved January 16, 1886.
AN ACT
TO AMEND SECTION 2552, CHAPTER 198 OF THE CODE OF WASHINGTON TERRITORY, RELATING TO MARKS AND BRANDS.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That section 2552, chapter 198 of the Code of Washington Territory, be amended to read as follows: Section 2552. Every county auditor in this Territory shall furnish a list of the owners of stock, from the records in his office, together with a brief description of the marks and brands of such owner, to the newspapers doing the county printing, by December first of each year, which list and description shall be printed in three consecutive numbers of such newspaper during the month of December. Any county324
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auditor who shall refuse or neglect to furnish such list and description as herein provided, shall be liable to a fine of any sum not exceeding fifty dollars, which may be recovered before any justice of the peace in the county, with costs of suit, for the use of the county school fund.
Sec. 2. This act to be in force from and after its approval by the Governor.
Approved February 4, 1886.
AN ACT
TO PREVENT AND PUNISH FRAUD AND DECEPTION IN THE MANUFACTURE AND SALE OF BUTTER AND CHEESE.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. No person shall manufacture, sell or keep or offer for sale, or cause to be manufactured, sold or kept or offered for . sale, any substance purporting to be butter or cheese, having the semblance of butter or cheese, unless the same be manufactured, sold or kept or offered for sale under its true and appropriate name, and unless each package, roll or parcel of such substance, and each vessel containing one or more packages of such substance has distinctly and durably painted, burnt, stamped or marked thereon, in English, in ordinary bold face capital letters, the true and appropriate name of such substance. Whoever violates any of the provisions of this section, shall be guilty of a misdemeanor, and be punished by a fine of not less than fifty dollars nor more than five hundred dollars, or by imprisonment in the county jail not less than twenty-five days nor more than six months, or by both such fine and imprisonment.
Sec. 2. No person shall sell, or keep or offer for sale, or cause to be sold or kept or offered for sale, any substance purporting to be butter or cheese, having the semblance of butter of cheese, unless such person has posted in a conspicuous place, so that the same may readily be seen and read by the purchaser or intending purchaser, in the room, store, public dining or eating room, or other place where such substance shall be sold or kept or offered for sale, a placard, not smaller than eighteen inches in length by twelve inches in width, on which placard shall be printed, in English, in bold face capital letters of not less than two inches in heighth, the true and appropriate name of such substance, followed by the words “sold here” in like letters. Whoever violates any of the provisions of this section shall be guilty of a mis-LAWS OF WASHINGTON
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demeanor, and be punished by a tine of not less than fifty dollars nor more than five hundred dollars, or by imprisonment in the county jail not less than twenty-five days and not more than six months, or by both such fine and imprisonment. This section shall not be construed to impair or affect the prohibitions of section one of this act.
Sec. 3. No person shall bargain, sell, barter, give or dispose of to another, any substance purporting to be butter or cheese, having the semblance of butter or cheese, unless such person shall, at the time, inform the person to whom such substance may be bargained, sold, bartered or given of the true and appropriate name and character of such substance, and shall also call the attention of such person to the name of such substance painted, burnt, stamped or marked thereon, or on the vessel containing the same, as provided in section one of this act. Whoever violates any of the provisions of this section, shall be guilty of a misdemeanor, and be punished by a fine of not less than fifty dollars nor more than five hundred dollars, or by imprisonment in the county jail not less than twenty-five days nor more than six months, or by both such fine and imprisonment. This section shall not be construed to impair or affect the prohibitions of section one or section two of this act.
Sec. 4. Nothing contained in this act shall be construed to prevent the use of skimmed milk, salt rennet or harmless coloring matter in the manufacture of butter or cheese.
Sec. 5. The person or persons making complaint of any violation of the provisions of this act shall, upon conviction of the offender, be entitled to two-thirds the fine imposed, the remaining one-third to go to the common school fund of the county in which the offense may be committed.
Sec. 6. This act shall take effect and be in force from and after its approval by the Governor.
Approved February 4, 1886.
AN ACT
TO AMEND SECTION 2000 OF THE CODE OF WASHINGTON TERRITORY RELATING TO DIVORCES.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That section 2000 of the Code of Washington Territory be, and the same is amended by adding to and at the end of said section, the following, to-wit:
And in case of incurable, chronic mania or dementia of326
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either party, having existed for ten years or more, the court may in its discretion grant a divorce.
Sec. 2. This act shall take effect and be in force from and after its passage and approval.
Approved December 22, 1885.
AN ACT
IN RELATION TO BILLS OF LADING AND WAREHOUSE RECEIPTS. Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. A bill of lading or warehouse receipt is an instrument in writing signed by a carrier, warehouse proprietor or his agent, describing the freight so as to identify it, stating the name of the consignor or owner, the terms of the contract for carriage or storage, and agreeing or directing that the freight be delivered to the order or assigns of a specified person at a specified place.
Sec. 2. All the title to the freight which the first holder of a bill of lading or warehouse receipt had, when he received it, passes to every subsequent indorsee thereof in good faith, and for value in the ordinary course of business, with like effect and in like manner as in the case of a bill of exchange.
Sec. 3. A hen a bill of lading or warehouse receipt is made to “bearer” or in equivalent terms, a simple transfer thereof by delivery conveys the same title as an indorsement.
Sec. 4. A bill of lading or warehouse receipt does not alter the rights or obligations of the carrier or warehouse proprietor as defined in this act, unless it is plainly inconsistent therewith.
Sec. 5. A carrier or warehouse proprietor must subscribe and deliver to the consignor on demand any reasonable number of bills of lading or warehouse receipts, not exceeding three (one original and the balance marked “duplicate,” and the original to state the number of duplicates issued) of the same tenor, expressing truly the original contract for carriage or storage, and if he refuses to do so, the consignor may take the freight from him, and recover from him besides all damages thereby occasioned.
Sec. 6. A carrier or warehouse proprietor is exonerated from liability for freight by delivery thereof, in good faith, to any holder of an original bill of lading or warehouse receipt thereof properly indorsed, or made in favor of the bearer.LAWS OF WASHINGTON
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Sec. 7. When a carrier or warehouse proprietor has given a bill of lading, warehouse receipt or other instrument substantially equivalent thereto, he may require its surrender, or a reasonable indemnity against claims thereon, before delivering the freight.
Sec. 8. Words used in this act in the singular number shall be construed to import the plural number, whenever such construction is necessary to give force and effect to the provisions of this act.
Sec. 9. This act shall take effect and be in force from and after its passage and approval.
Approved January 19, 1886.
AN ACT
IN RELATION TO FALSE WEIGHTS AND MEASURES.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. Every person who uses any weight or measure, knowing it to be false, by which use another is defrauded or otherwise injured, is guilty of a misdemeanor.
Sec. 2. In all sales of coal, hay and other commodities usually sold by the ton or fractional part thereof, the seller must give to the purchaser full weight, at the rate of two thousand pounds to the ton; and in all sales of articles which are sold in commerce or trade, by avoirdupois weight, the seller must give to the purchaser full weight, at the rate of sixteen ounces to the pound. Any person violating this section is guilty of a misdemeanor.
Sec. 3. A false weight or measure is hereby defined to be one which does not conform to the standard established by the laws of the United States of America.
Sec. 4. This act shall take effect and be in force from and after its passage and approval by the Governor.
Approved February 4, 1886.
AN ACT
TO PREVENT THE CIRCULATION OF DEMORALIZING PRINTS, PICTURES AND PUBLICATIONS.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. If any person shall import, print, publish, sell,328
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lend, give away, distribute or show, or have in his possession, with intent to sell, or give away, or to show or advertise, or otherwise offer for loan, gift, sale or distribution, any obscene or indecent book, magazine, pamphlet, newspaper, story-paper, writing paper, picture, engraving, drawing, or photograph, or if any person shall design, copy, draw, photograph, print, utter, publish, or otherwise prepare any of the articles mentioned in this section, or shall write or print, or cause to be written or printed a notice of any kind, giving information, or shall give information stating when, where and how, or of whom, or by what means any of the articles mentioned in this section could be purchased or obtained, or if any person sells, lends, gives away, or shows, or has in his possession, with intent to sell or give away, or to show, or advertise, or otherwise offers for loan, gift, sale or distribution to any minor child any book, pamphlet, magazine, newspaper or other printed paper, devoted to the publication, or principally made up of criminal news, police reports, or accounts of criminal deeds, or pictures and stories of deeds of blood-shed, lust or crime, or if any person exhibits upon any street or highway, or in any other place within the view, or which may be within the view of any minor child, any book, magazine, pamphlet, newspaper, writing paper, picture, engraving, drawing, photograph, or other article coming within the description of the articles mentioned in the first and second subdivisions of this section, or any of them, or if any person, in any manner, hires, uses, or employs any minor child to sell or give away or in any manner to distribute, or who having the care, custody or control of any minor child, permits such child to sell, give away, or in any other manner, to distribute any book, magazine, pamphlet, newspaper, story-paper, writing paper, picture, engraving, drawing, photograph, or other article or thing coming within the description of articles and matter mentioned in this section, or any of them, upon conviction thereof, shall be punished by imprisonment in the penitentiary, not exceeding three years, or by a fine not exceeding two thousand dollars: Provided, however, That if such obscene or indecent matter is circulated in any school or institution of learning, or in any charitable or reformatory institution, or in any jail or penitentiary, supported in whole, or in part, by public money, or moneys raised by taxation, then the minimum of imprisonment shall not be less than thirty days, and in all such cases imprisonment shall follow conviction.
Sec. 2. The jury in all prosecutions, under this act, shall be the sole and exclusive judges, as to whether or not the matter circulated is obscene or indecent.LAWS OF WASHINGTON
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Sec. 3. This act to take effect and be in force from and after its approval by the Governor.
Approved January 30, 1886.
AN ACT
TO AUTHORIZE THE COUNTY COMMISSIONERS IN THE SEVERAL COUNTIES OF WASHINGTON TERRITORY TO OFFER AND PAY REWARDS FOR THE APPREHENSION OF CRIMINALS.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That the county commissioners in the several counties of Washington Territory, when in their opinion the public good requires it, be and are hereby authorized to offer and pay a suitable reward, not to exceed five hundred dollars in any one case, to any person or persons who, in consequence of such offer apprehends, brings back and secures any person or persons, convicted of or charged with any criminal offense, if the offense be a felony.
Sec. 2. Whenever any such reward has been offered by any board of county commissioners in Washington Territory, for the apprehension of any person or persons, convicted of or charged with any criminal offense, if the offense be a felony, the person or persons who shall first apprehend, bring back and secure such person or persons so charged, shall be entitled to such reward, and the board of county commissioners who have offered such reward, are authorized to draw a warrant or warrants on the county treasurer for the amount of such reward, who shall pay the amount of said warrant or warrants, out of any money in the county treasury not otherwise appropriated.
Sec. 3. When more than one claimant applies for the payment of any reward, offered by any board of county commissioners, such commissioners shall determine, in their respective counties to whom the same shall be paid, and if to more than one person, in what proportion to each; and their determination shall be final and conclusive.
Sec. 4. This act to take effect and be in force from and after its passage and approval by the Governor.
Approved February 3, 1886.330
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AN ACT
TO AMEND SECTIONS 2539, 2540 AND 2543, CHAPTER 196, OF THE CODE OF WASHINGTON TERRITORY, RELATING TO ESTRAYS.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That sections 2539, 2540 and 2543 are amended as follows: Section 2539. Any householder about whose premises any estrays may be in the habit of running at large, may take up the same and shall, within ten days give notice by advertising the same in the newspaper doing the county printing, which advertising shall be continued for at least three weeks, giving as correct description as may be, of natural and artificial marks and brands, also the probable age and size: Provided, That no estray shall be taken up from the 15th of March to the 15th of December, except breachy or vicious animals, which may be taken up in any month: And provided further, That if the animal be marked or branded and the mark or brand is recorded in the auditor’s office of the county where such animal is found, such animal shall not be held to be an estray, unless the finder shall give the owner ten days’ notice by mail, or otherwise, of his intention to take up said estray.
Sec. 2. That section 2540 be amended to read as follows: Section 2540. If, previous to the expiration of ten days from the time of publishing the said notices, the owner shall prove said estray to be his, he shall be entitled to the same, by paying charges, which shall be two dollars for taking up, posting, etc., and a reasonable rate for keeping the same, and if the owner shall further prove that the person so posting an estray, knew to whom such estray belonged and yet did not notify the owner of his intention to post said estray, the person so taking up, and posting, shall not recover for either posting or keeping.
Sec. 3. That section 2543 be amended to read as follows: Section 2543. If the person entitled to the possession of an estray, shall not appear and make out his title thereto within thirty days from the time the notice is filed with the county auditor, as provided in section twenty-five hundred and forty-two, such estray shall be sold, at the request of the finder by the sheriff or any constable of the county, at public auction, upon first giving public notice thereof, in writing, by posting up the same in three public places in the precinct where said estray was taken up, at least ten days before such sale: Provided, That if such animal be appraised at twenty-five dollars or upwards, it shall be advertised for one week in the newspaper doing the county printing, and the finder may bid there-LAWS OF WASHINGTON
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foi at such sale, and after deducting all lawful charges of the finder as aforesaid, to be ascertained by the justice who ap-piaised said animal, and the fees of the justice for appraising, and constable or sheriff, which shall be the same as a sale on execution, the remaining proceeds of such sale shall be deposited in the treasury of the county for the use of common schools: Provided, That if the owner of the property sold, or his legal representative shall, within six months after the money shall have been deposited in the countv treasury, furnish satisfactory evidence to the justice of the peace, who has appraised said animal, of the ownership of said property, he or they shall be entitled to receive the amount so deposited in the county treasury, and shall also have the animal, by refunding all allowances and expenditures on the same, and such further amount as the justice, who appraised the same shall deem just, and in case of an animal that was sold for fifty dollars or more, the owner shall have one year’s time to redeem the same: Provided however, That the taker up of estrays shall forfeit all right to a consideration, for subsisting the same, if he work, or in any way use such estray, or take and keep the same out of the county in which the estray was taken up, more than three days at one time.
Sec. 4. This act to take effect and be in force from and after its passage and approval by the Governor.
Approved February 4, 1886."
AN ACT
REGULATING THE BUILDING OF BARBED WIRE FENCES.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That it shall be unlawful for any person or persons to construct, erect or maitain any fence, or portion of a fence of barbed wire, except as hereinafter provided.
Sec. 2. Any person desiring to construct, erect or maintain any fence of barbed wire, shall construct the same in the following manner, and not otherwise: The posts shall be set not more than thirty feet apart, the first wire shall be not more than twenty-two inches from the ground, the second wire thirty-four inches, and the third wire forty-eight inches. Each and every one of said wires shall be securely fastened to the said posts with four light strips or poles, fastened between every two posts, to said wires, vertically, leaving no greater space than about six feet between said posts and strips, or poles, or said posts shall be set not more than twelve feet332
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apart, with two barbed wires and one pole, rail or plank securely fastened to said posts, or one barbed wire with two rails, poles, or planks, securely fastened to said poles.
Sec. 3. All fences constructed and maintained according to the provisions of section two of this act shall be lawful fences.
Sec. 4. It shall be the duty of every person building, erecting or maintaining in whole, or in part, any of the hereinbefore mentioned wire fences, to keep the same in good repair, and if upon five days’ notice to any such person or persons, his or her agent, that his or her fence is not in good repair, and he or she shall neglect to repair the said fence, for a period of five days after receiving notice thereof, such person shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof, be fined in any sum not less than twenty-five, nor more than fifty dollars.	.
Sec. 5. Any person violating any of the provisions of this act shall, upon conviction thereof, be deemed guilty of a misdemeanor and shall be fined in any sum not less than twenty-five, nor more than twTo hundred dollars: Provided, That nothing herein contained shall prevent any person from using more wires, posts, or strips in the erection of any fence.
Sec. 6. That the provisions of this act shall not apply to the county of Walla Walla, nor to any county of this Territory situated west of the Cascade mountains, except the county of Lewis.
Sec. 7. All acts and parts of acts in conflict with this act are herebv repealed.
Sec. 8. This act to take effect and be in force from and after the first day of May, A. D. 1886.
Approved January 19, 1886.
AN ACT
TO AMEND SECTIONS 3079 AND 3084 OF CHAPTER 242 OF THE CODE OF WASHINGTON TERRITORY, RELATING TO ELECTIONS.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That sections 3079 and 3084 of chapter 242 ofLAWS OF WASHINGTON
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the Code of Washington Territory relating to elections be, and are hereby amended to read as follows, to-wit:
Section 3079. The voting shall be by ballot. The ballot shall be a plain, white paper ticket, containing the names of the persons for whom the electors intend to vote, and designating the office to which such person so named is intended by him to be chosen. No ballot shall bear upon the outside thereof any impression, device, color or thing designed to distinguish such ballot from other legal ballots, or whereby the same may be known or designated. Whenever any person offers to vote the inspector shall pronounce his or her name in an audible voice, and if there be no objections to the qualifications of such person as an elector, he shall receive his ballot, and in the presence of the judges put the same, without being opened or examined, into the ballot box. The ballot shall be four inches in width and twelve inches in length, or not to vary one-fourth of an inch in length or breadth from above specifications.
Section 3084. If such person shall insist that he is entitled to vote, and the board of judges find no cause to reject his vote under the preliminary examination, and the challenge shall not be withdrawn, he shall not be entitled to vote unless he takes the following oath, to be administered by the inspector or one of the judges, viz.: “You do swear (or affirm, as the case may be), that you have resided in this Territory six months next preceding this election, in this county sixty days, and in this precinct thirty days, and have not voted this day, and that you are otherwise qualified to vote at this election,” and in case the person offering to vote produces a certified transcript of the record of a court of competent jurisdiction admitting him to citizenship, or certificate of declaration of citizenship, duly attested by the clerk thereof, as evidence of his right to to vote, and if the person so producing the same is unknown to the board of judges, he shall make oath that he is the person therein named.
Sec. 2. Words used in this act, and the act hereby amended, indicating persons of the masculine gender, shall be construed to include persons of the feminine gender.
Sec. 3. All acts and parts of acts in conflict with this act are hereby repealed.
Sec. 4. Ths act to take effect and be in force from and after its approval.
Approved February 3, 1886.334
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AN ACT
TO AMEND SECTIONS ONE (1), TEN (10), THIRTEEN (13), FOURTEEN (14) AND NINETEEN (19), OF “AN ACT RELATING TO INSPECTOR OF COAL MINES AND VENTILATION OF COAL MINES,” AND TO FURTHER AMEND SAID ACT BY ADDING THERETO SECTIONS TO BE NUMBERED TWENTY-FOUR (24) AND TWENTY-FIVE (25), APPROVED NOVEMBER 28, 1883t AND IN FORCE FROM AND AFTER JANUARY 1, 1884.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That sections one (1), ten (10), thirteen (13), fourteen (14), and nineteen (19), of “An act relating to inspector of coal mines and ventilation of coal mines,” be and are hereby amended to read as follows, and that said act be and is hereby amended by adding thereto the following sections numbered twenty-four (24) and twenty-five (25):
Section 1. That the Governor shall appoint a suitable person inspector of coal mines, in and for this Territory, who shall hold his office for the term of two years, from and after the first Monday in February, 1886, and until his successor is appointed and qualified; and no person shall be appointed unless he is possessed of a competent knowledge, and has a practical knowledge of mining and engineering, and different systems of working and ventilating coal mines, and of the nature and properties of the noxious and poisonous gases of mines, particularly fire-damp; and such person shall be a reputable coal miner of known experience and practice, at the time of his appointment, and shall also be a sober person, and in case such person shall, at any time, be found in a state of intoxication it shall be sufficient cause for removal.
Section 10. If at such inquest it shall appear in evidence that the accident was caused by neglect or fault of any person or persons, or defect in or about the mine or mines, the coroner shall make a full written report thereof, to the inspector of mines, for his information and assistance in the prompt enforcement of this act, and shall therein notify the inspector in particular of such neglect or defects as require his immediate action.
Section 13. That the inspector may enter, inspect and examine any mine in the Territory, and the works and machinery belonging thereto, at all reasonable times by night or by day, so as not to unnecessarily obstruct or impede the working of any mine or mines, and to make inquiry into the state and condition of the mine or mines, as to the ventilation, works and machinery and general security, and the owner or owners, agent or operator of such mine or mines, are hereby required
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to furnish the means necessary for such entry and inspection, of which inspection the inspector shall make a record, noting the time and all the material circumstances, and if the said owner, agent or operator aforesaid, shall refuse to permit such inspection, or furnish the necessary means for such entrv, examination and inspection the inspector shall file his affidavit, setting forth such refusal, with the judge of the district court in the district in which said mine is situated, either in term time or vacation, or in the absence of said judge, with any other district judge of this Territory, most convenient to said mine or mines, and obtain an order on such owner, agent or operator so refusing as aforesaid, commanding him to permit and furnish such necessary means for the entry and inspection of such coal mine, or to be adjudged to stand in contempt of court and punished accordingly; and whenever loss of life or serious personal injury shall occur by reason of any explosion or any accident whatsoever, in or about any coal mine, it shall be the duty of the person having charge of such coal mine to report the facts thereof, without delay, to the inspector of such mine or mines, and if any person is killed thereby, to notify the coroner of the county also, or in his absence or inability to act, any justice of the peace of the county where such mine is located, who shall hold an inquest as in other cases by law provided; and the inspector shall, if he deem it necessary from the facts reported, or other information, go immediately to the scene of said accident and make such suggestion and render such assistance as he may deem necessary for the safety of the men, and the inspector shall investigate and ascertain the cause of such explosion, or accident, and make a report thereof, which he shall preserve with the other records of his office; and to enable him to make such investigations he shall have power to compel the attendance of witnesses and administer oaths and affirmations to them, and the costs of such investigations shall be paid by the county in which such accident has occurred in the same manner as costs of coroner’s inquests are now paid, and the failure of the person in charge of the coal mine, in which any such accident may have occurred, to give notice to the inspector, or coroner, or justice of the peace, as provided for in this section, shall subject such person to a fine of not less than one hundred dollars nor more than three hundred dollars, to be recovered in the name of the Territory, before any justice of the peace of such county, and such fine, when collected, shall be paid into the county treasury for the use of the county in which such accident may have occurred.
Section 14. The inspector while in office shall not act as an agent, manager or mining engineer or be interested in operat-336	LAWS OF WASHINGTON
ing any mine. It shall be his duty to use every precaution to insure the health and safety of the workmen employed in all mines; he shall personally visit and inspect each mine and all the working places therein, at least once in every three months, and shall see that all the provisions and requirements of the law are faithfully observed and obeyed and the penalties of the law enforced; he shall also collect and tabulate the following facts, namely: The number of acres of workable coal lands in the Territory; the number and thickness of the coal beds and their respective depths below the surface; how they are mined, whether by shaft, slope or drift; the number of mines in operation; the number of men employed therein, and the average yearly production in tons, together with an estimate of the amount of capital employed in coal mining in the Territory, and any other information relative to coal mining that he may deem necessary; all of which facts, so tabulated, together with a statement of the condition of all mines, as to safety and ventilation, and the general results of his examination into the causes of all accidents in and about the coal mines of the Territory, he shall fully set forth in an annual report to the Governor, with his recommendations as to such other legislation on this subject as may be proper. In addition to such annual report said inspector shall, on the first Monday of May, August and November, of each year, make a report to the Governor of his proceedings, the condition and operation of all mines for those periods, which, together with said annual report, shall be published by the Governor in some newspaper in general circulation in the Territory. For the enforcement of this and the act to which it is an amendment, the inspector may call upon the prosecuting attorney of the district in which any mine violating said act is located, for his advice and services in any case, and it shall be the duty of such prosecuting attorney to give such advice and render such services as may be necessary and proper in the premises.
Section 19. In case any coal mine does not, in its appliances for the safety of the persons working therein, conform to the provisions of this act, and the act to which this is an amendment, or the owner or owners, agent or operator disregard the requirements thereof, any court of competent jurisdiction may, on application of the inspector, by civil acti.on, •in the name of the Territory, enjoin or restrain without bonds, the owner or owners, agent or operator of such mine from working or operating the same, until it is made to conform to the provisions of said acts, and the court may award such costs in such proceeding as may be just, and such remedy shall be cumulative and shall not take the place of or affect any other proceeding against such owner or owners, agent orLAWS OF WASHINGTON
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operator authorized by law for enforcing the provisions of this act.
Section 24. The owner, agent or operator of every coal mine, operated by shaft or slope, shall provide and maintain a metal tube from top to bottom of such shaft or slope, through which conversation may be held between persons at the top and bottom thereof, and shall provide suitable means of signaling between the bottom and top of such mines, and shall also adopt rules for the government of their respective mines, which rules must be approved by the inspector, and when so approved by him, shall be posted and maintained in conspicuous places in and about the mine adopting them by such owner, agent or operator. No such agent, owner, operator shall place in charge of any engine, whereby men are lowered into or hoisted out of the mines, any but an experienced, competent and sober person, not under the age of eighteen years, and no person shall ride upon a loaded cage or wagon for hoisting purposes, in any shaft or slope, and in no case shall more than twelve (12) persons ride on any cage or car at one time, nor shall any coal be hoisted out of any coal mine while persons are descending into the same, nor shall persons be lowered into or hoisted out of any mine more rapidly than six hundred (600) feet to the minute. No boy under twelve years of age shall be allowed to work in any mine, nor any minor between the ages of twelve and sixteen years, unless he can read and write.
Section 25. For any injury to person or property, occasioned by any willful violations of this act or the act to which this is an amendment, or willful failure to comply with any of the provisions thereof, a right of action shall accrue to the party injured, for any direct damages sustained thereby; and in case of loss of life by reason of such willful violation, or willful failure as aforesaid, a. right of action shall accrue to the widow of the person so killed, his lineal heirs or adopted children, or any other person or persons who were before such loss of life dependent for support on the person or persons so killed, for a like recovery of damages for the injuries sustained by reason of such loss of life or lives.
Sec. 2. All acts and parts of acts in conflict with this act are hereby repealed.
Sec. 3. This act to take effect and be in force from and after its approval by the Governor.
Approved February 4, 1886.338
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AN ACT
IN RELATION TO TERRITORIAL TREASURER.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That the Territorial treasurer shall reside and keep his office at the seat of government, and before entering upon his duties shall execute and deliver to the Governor, a bond to the Territory in the sum of one hundred and fifty thousand dollars, to be approved by him and one of the justices of the supreme court, conditioned to pay all moneys at such times as required by law, and for the faithful performance of all duties required of him by law, and take an oath of office before some judge or justice of the peace within the Territory, to be endorsed on his commission, and file a copy thereof, together with his bond, in the office of the secretary of the Territory.
Sec. 2. It shall be the duty of the Territorial treasurer: 1. To receive and keep all moneys of the Territory not expressly required by law to be received and kept by some other person; 2. To disburse the public moneys only upon warrants drawn upon the treasurer, in the order of their number, date and issue, salaries of the Territorial auditor and treasurer excepted; 3. To keep a just, true and comprehensive account of all moneys received and disbursed; 4. To keep a just and true account of each head of appropriations made by law, and the disbursements under the same; 5. To render his accounts to the Territorial auditor in detail for settlement quartely, on the thirty-first day of March, thirtieth day of June, thirtieth day of September and thirty-first day of December of each year, or oftener if required; 6. To endorse on each warrant the date of payment, the amount of the principal and the interest due on said date; 7. To report to each house of the leg' islative assembly within ten days after the commencement of each regular session, a detailed statement of the condition of the treasury and its operations for the preceding year; 8. To give information in writing to either house of the legislative assembly whenever required, upon any subject connected with the treasury, or touching any duty of his office; 9. He shall account for and pay over all moneys on hand as such treasurer to his successor in office, and ' deliver all books, vouchers and effects of office to him, and such successor shall receipt therefor.
Sec. 3. All the books, papers, letters and transactions pertaining to the office of treasurer shall be open to the inspection of a committee of the legislative assembly, or either branch thereof, to examine or settle all accounts, and to count all money; they shall also be open to the inspection of the publicLAWS OF WASHINGTON	339
generally during office hours; and when the successor of any such treasurer shall be elected (appointed) and qualified, the Territorial auditor shall examine and settle all the accounts of such treasurer remaining unsettled, and to give him a certified statement showing the balance of moneys, securities, and effects for which he is accountable, which have been delivered to his successor, and report the same to the legislative assembly.
Sec. 4. All persons who are required by law to pay any moneys into the Territorial treasury, or to transmit any public funds to the Territorial treasurer on Territorial account, shall, at the time of making such payments or transmissions, notify the Territorial auditor thereof, specifying the amount and date of such payment and for what particular fund or account. For all sums of money so paid into the treasury, the Territorial treasurer shall forthwith give duplicate receipts under his seal of office, one of which he shall deposit with the Territorial auditor, who shall credit such person or county accordingly, and charge the treasurer with the amount, the other receipt the treasurer shall transmit to the person or party paying the money.
Sec. 5. The treasurer shall have power to administer all oaths required by law, in matters pertaining to the duties of his office.
Sec. 6. The treasurer shall keep a seal of office for the authentication of all papers, writings and documents required by law to be certified by him, and copies so authenticated of all documents lawfully deposited in his office, shall be received in evidence as the originals.
Sec. 7. It shall be the duty of the Territorial treasurer each year, when balancing up the accounts of the several counties, to credit said counties with the amount of delinquent Territorial tax duly reported to him by the Territorial auditor.
Sec. 8. If the Territorial treasurer shall willfully refuse to pay any warrant lawfully drawn upon the treasurer, or shall knowingly pay any warrant out of order of its number, date and issue, he shall forfeit and pay fourfold the amount to any person injured thereby, to be recovered by action against the treasurer and his sureties on his official bond.
Sec. 9. The Territorial treasurer shall, when he has any money on hand to pay warrants, exceeding one thousand dollars. and said warrants are not presented for payment, advertise in some weekly newspaper at the seat of government having the largest circulation in the Territory, for two weeks, stating the amount of money on hand and the number of warrants he is prepared to pay, and if such warrants are not presented for payment within twenty days after the publication340
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of such notice, such warrants shall not draw interest after such date.
Sec. 10. The Territorial treasurer shall receive an annual salary of fifteen hundred dollars, and to provide for the incidental expenses of his office, rents, lights, fuel, postage and stationery, he shall receive the further sum of two hundred and fifty dollars per annum, which amounts shall be paid in quarterly installments by warrant drawn by the Territorial auditor on the Territorial treasurer.
Sec. 11. If any person exercising the office of Territorial treasurer shall fail to account for and pay over all moneys in his hands in accordance with law, or shall unlawfully convert to his own use in any way whatever or use by way of investment in any kind of property, or loan without the authority of law. any portion of the public money intrusted to him for safe keeping, transfer or disbursement, or unlawfully convert to his own use any money that may come into his hands by virtue of his office, shall be deemed guilty of embezzlement to the amount of so much of said money as is thus taken, convened, invested, used, loaned or unaccounted for, and upon conviction thereof he shall be imprisoned in the penitentiary nol exceeding five years and fined a sum qual to the amount of money embezzled, and, moreover, is forever after disqualified from holding any office under the laws of this Territory.
Sec. 12. All acts and parts of acts in any manner conflicting with any of the provisions of this act be, and the same are hereby repealed.
Sec. 13. This act shall take effect and be in force from and after its passage and approval by the Governor.
Approved January 20, 1886.
AN ACT
TO ESTABLISH A SCHOOL FOR THE DEAF, MUTE, BLIND AND FEEBLE-MINDED YOUTH OF WASHINGTON TERRITORY.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That a Territorial school be, and herebv is established, to be known as “The Washington School for Defective Youth,” for the education of the deaf, blind and feebleminded youth of Washington Territory.
Sec. 2. Said school shall be free to all resident youth in Washington Territory, who are too deaf, blind or feeble mindedLAWS OF WASHINGTON
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to be taught by ordinary methods, in other public schools: Provided, They are free from vicious habits and loathsome or contagious diseases.
Sec. 3. The location of said school shall be at Vancouver, in Clarke county.
Sec. 4. Immediately after the passage and approval of this act, three commissioners shall be appointed by the Governor, whose duty it shall be, within thirty days from the date of their appointment to select a suitable site and report their action to the Governor.
Sec. 5. Said school shall be under the management of a board of trustees, consisting of five persons of good repute and learning, being citizens of the Territory, nominated by the Governor, on or before the seventh day of February, 1886, and confirmed by the council, to hold office for the terms hereinafter specified in section 6.
Sec. 6. Two of said trustees shall be appointed to serve until the thirtieth (30) day of June, 1888; two to serve until the thirtieth day of June, 1890, and one to serve until the thirtieth day of June, 1892, and until their successors shall be appointed and confirmed, subject, however, to removal by the Governor at any time for good and sufficient cause.
Sec. 7. After organization, as hereinafter provided, said board of trustees, and their successors shall have the management of real and personal property, funds, financial business, and all general and public interests of the school, with power to receive, hold, manage, dispose of, and convey any, and all, real and personal property, made over to them by purchase, gift, devise or bequest, and the proceeds, and interest thereof, for the use and benefit of the school.
Sec. 8. On the fifteenth day of February, 1886, the trustees shall meet at a place to be named by the Governor in the official notification of their appointment, and they shall then and there, proceed to elect by ballot, from their own number, a secretary pro tern., for that meeting, a president, a vice president and a treasurer, each to serve until the thirtieth day of June, 1887; an executive committee of three members, one to serve until the thirtieth day of June, 1887; one to serve until the thirtieth day of June, 1888, and one to serve until the thirtieth day of June, 1889; an auditor, not of their own number, to serve*until the thirtieth day of June, 1887, and a director of the school, not of their own number, who shall be ex officio an horonary member of the board of trustees, without the right to vote, and shall act as secretary of the board, with custody of its records, for the keeping of which suitable books shall be provided.
Sec. 9. The treasurer of the board of trustees shall, with-342
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in thirty days from the date of his election, file with the secretary of Washington Territory, a duly executed and approved bond, in the sum of five thousand dollars ($5,000,) for the faithful performance of his duties as treasurer, during his term of office.
Sec. 10. The board of trustees shall, at the time of the first meeting above provided for, adopt suitable by-laws for its own government in the transaction of business.
Sec. 11. Vacancies in the board of trustees, occurring biennially by the expiration of the term or terms of a member or members, shall be filled by nomination bv the Governor at least five days before the adjournment of the legislative assembly, ot a trustee or trustees to be confirmed bv the council to serve for six years from the first day of July following the date of his or their confirmation, and until his or their successor or successors shall be appointed and confirmed.
Sec. 12. Vacancies in the board of trustees, caused by the death, resignation, departure from Washington Territory or removal for cause, of a member of the board, shall be filled’for the unexpired balance of term, by the appointment of a trustee, by the Governor, which appointment shall at the session of the legislative assembly held next thereafter, be submitted to the council for confirmation.
Sec. 13. All appointments shall be such that the board shall always contain at least one practical educator, one physician and one lawyer.	'	-
Sec. 14. Official notice of appointment shall be given to each trustee, by the secretary of the Territorv, within ten days from the date of the confirmation of said trustees by the coun-
Sec. 15 After the first meeting of the board of trustees, as hereinbefore provided, the regular annual meeting shall be held at the school, on the last Wednesday of May, in each vear at which meeting a president, a vice president and a treasurer e ec^ed’ by ballot, from the board, and an auditor, not of the board, each to serve one year from the first dav of July following; and one member of the executive committee to serve three years from the first day of July following, and anv other business, proper to come before said meeting, mav be transacted.
Sec. 16. Special meetings of the board of trustees mav be be^ an.v time, on request of the executive committee, and shall be held on the written request of any three trustees. The official notification of each special meeting shall state the business to be transacted at said meeting, and no business other than that so stated, shall be brought before said meeting.LAWS OF WASHINGTON
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Sec. 17. Three members of the board of trustees shall constitute a quorum for the transaction of business.
Sec. 18. Official notice of each meeting of the board of trustees shall be issued by the secretary to each trustee, at least fifteen days before the date of such meeting.
Sec.19. The executive committee shall meet at the school on the last Wednesday of August, November, February and May, in each school year, and at other times as often as may be necessary for the proper performance of their duties.
Sec. 20. The executive committee shall, on their visits to the school, inspect the real and personal property of the school, shall purchase all supplies in the manner authorized in section 2269 of the Code of Washington Territory, relating to the purchase of supplies for the hospital for the insane, shall examine the accounts, bills and vouchers, draw orders on the treasurer of the board, for the payment of bills approved, and at suitable times, submit the accounts to the inspection of the auditor.
Sec. 21. No trustee shall, during his term of office have any direct or indirect personal interest in any contract, agreement or indebtedness on account of the school in any way.
Sec. 22. The financial and official year of the school shall begin on the first day of July, and end on the thirtieth day of June following. After the thirtieth day of June, 1886, all financial business accounts and official terms shall conform thereto.
Sec. 23. The regular term of school shall begin on the last Wednesday of August in each year, and end on the last Wednesday of May following.
Sec. 21. At each regular assembly of the legislature of Washington Territory, the board of trustees shall present to the Governor, for transmission to the legislature, a full report of the operations of the school during the previous two school years, showing the amount, condition and value of all real and personal property of the school, receipts and expenditures of money, number of persons employed, and amount of salary paid to each, and the number of pupils in attendance.
Sec. 25. The director of the school shall be a competent expert educator of defective youth; a hearing man of sound learning and morals, not under thirty nor over seventy years of age; practically acquainted with the school management and class instruction of the deaf, blind and feeble-minded. He shall reside in the school and be furnished quarters, heat, light and food.
Sec. 26. The director shall be responsible for the care of the premises and property of the school, selection and control of employes, regulation of the household, discipline of the344
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school, arrangement and execution of a proper course of study, training of the pupils in morals and manners, and the general oversight of all internal affairs of the school, and shall lay before the regular annual meeting the board of trustees, on the last Wednesday of May in each year, a full report of the operation of the school during the previous school year.
Sec. 27. The salary of the director shall be nine hundred dollars for the first year of his service in the school, with an increase of not more than one hundred dollars per annum, up to a maximum salary of fifteen hundred dollars per annum, and no more. He shall have no other occupation during his term of service in the school.
Sec. 28. The director may be removed at any time by a three-fifths vote of the full board of trustees, on proof of incompetency, mismanagement, inefficiency or immorality.
Sec. 29. No unemployed person, other than pupils, shall be permitted to reside on the school premises, except members of the director's family, for whom the sum of one hundred dollars ($100) per annum shall be paid by the director to the treasurer of the board of trustees, for the board and lodging of each such unemployed person over twelve years of age.
Sec. 30. The parent, guardian or next friend of any defective youth, residing in Washington Territory, desiring the admission of such youth to the school, shall, at least ten days before the last Wednesday in February and August of each year, furnish to the secretary of the board of trustees, in writing, full and satisfactory information concerning such youth. The board of trustees shall have the power to expel any pupil from the school for good cause shown.
Sec. 31. If the parent, guardian or next friend of any defective youth, residing in Washington Territory, is, by reason of poverty, unable to pay the cost of transporting such youth to and from the school and maintenance therein, then, on satisfactory proof of such inability being presented to the judge of the probate court in the county where such youth resides, such judge shall issue to such parent, guardian or next friend, a certificate authorizing the admission of such youth to the school at the expense of that county, on condition of compliance with the provisions of section "thirty (30), which certificate shall be filed with the secretary of the board of trustees, and shall be deemed sufficient warrant for the payment, by the treasurer of the aforesaid county, of all duly certified and audited bills presented to him by the secretary of the board of trustees on account of the transportation of such youth, said bills not to exceed the actual cost of transportation over the usually traveled routes for each of said youth.
Sec. 32. Defective youth not residing in the Territory,LAWS OF WASHINGTON	345

«hall be admitted on such terms and conditions as may be prescribed by the board of trustees.
____Sec. 33. The sum of seven thousand five hundred dollars ($7500) is hereby appropriated from any money in the treasury of AA ashington Territory not otherwise appropriated, to pay the expenses of the school from the first day of January, 1886, to the thirtieth day of June, 1888, the same to be paid to the treasurer of the board of trustees, in equal installments, on the first day of April, July and October in 1886; January, April, July and October in 1887, and January and April in 1888.
Sec. 34. All former acts and parts of acts inconsistent with the provisions of this act are hereby repealed.
Sec. 35. This act shall take effect and be in force from and after its passage and approval by the Governor.
Approved February 3, 1886.
AN ACT
TO PROVIDE FOR THE PERMANENT LOCATION AND CONSTRUCTION OF A HOSPITAL FOR THE INSANE AT FORT STEILACOOM IN WASHINGTON TERRITORY.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That a hospital for the insane in Washigton Territory shall be ,and hereby is, permanently located and established at Fort Steilacoom in Pierce county.
Sec. 2. That the board of trustees of the hospital for the insane shall, in addition to their other duties, constitute a board of commissioners for the construction of said hospital for the insane, under the provisions of this act: Provided, That the Governor shall have power to remove any member of said commission for good and sufficient cause.
Sec. 3. That each of said commissioners, before entering upon the duties of his office, shall take and subscribe an oath, before any officer of the Territory qualified to administer the same, that he will faithfully and impartially perform the duties of his office according to law; and shall execute and deliver to the Governor a bond to the Territory of Washington with two (2) or more good and sufficient sureties, to be approved by the Governor, in the sum of ten thousand ($10,000) dollars, conditioned for the faithful performance of his duties according to law, which oath and bond shall be filed in the office of the secrteary of the Territory.
Sec. 4. That the persons appointed as commissioners un-346
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der the provisions of this act, or a majority of them, shall meet at Fort Steilacoom on the third Monday of March, 1886, and shall organize by electing one of their number president and one of the number secretary.
Sec. 5. That should a vacancy occur in said board of commissioners, by failure to qualify, death, resignation or other cause, the governor shall appoint some suitable person, a resident of this Territory, to fill such vacancy, and the person so appointed shall qualify according to the provisions of this act, and shall enter upon the duties of commissioner as herein provided.
Sec. 6. That is shall be the duty of the president of the board to preside at the meetings thereof, and to superintend the performance of all contracts for labor and material which may have been authorized by the board; to see that the terms of each contract are fulfilled, and to do and perform such other duties pertaining to the erection of said hospital for the insane as the board shall direct: Provided, That no member of the board shall be interested directly or indirectly in any contract of any kind connected with the erection of said hospital for the insane during his continuance in office, under penalty of three thousand ($3,000) dollars, to be prosecuted and collected of him and the sureties upon his official bond, upon an action of debt brought under the direction of the Governor, in any court of competent jurisdiction.
Sec. 7. That all accounts shall be audited by the Territorial auditor, and no money shall be paid by the Territorial treas-" urer for any purpose connected with the erection of said hospital for the insane, except on a warrant or warrants drawn on him by the Territorial auditor for the payment of bills certified to by the said board of commissioners, and every such warrant shall express upon its face whether the amount so required is for material furnished or services rendered, or labor performed, and the board shall in no case sanction the payment of any money unless the labor has been performed or the materials have been furnished in accordance with a contract entered into under the provisions of this act, for which anv such payment is contemplated, and it shall be the duty of the Territorial treasurer to pay all warrants drawn by said Territorial auditor, as herein provided, out of any money in his hands not otherwise appropriated.
Sec. 8. . That the board of commissioners may, in their discretion, visit and inspect the hospital for the insane in Oregon, previous to adopting any plan for the proposed hospital at Fort Steilacoom, and shall receive ten (10) cents per mile for each mile necessarily traveled in the performance of such duty.
Sec. 9. That the board of commissioners shall proceedLAWS OF WASHINGTON
347
VaS httle .^ .ay as P°ssible to erect a suitable hospital building or buildings, of brick and stone, in accordance with the plan or plans thereof, which may be adopted by said board or a majority of them: Provided, That a plan shall be adopted for a complete hospital, capable of holding, when finished, two hundred and fifty (250) patients or more; and that if the appropriation hereinafter provided for is not sufficient for the erec-t10n °f the whole hospital, such portions thereof shall be first built and finished for the occupation of patients as shall, in the judgment of the board, be deemed most expedient.
Sec. 10. That all contracts, and all work thereunder, of nature, shall be under the supervision and control of said board; and no contract shall be entered into for materials or labor for the erection of said hospital for the insane until approved by said board, or a majority thereof; nor until the said board shall first have given notice by publication in tour or more leading weekly newspapers published in this Territory, for four (4) consecutive weeks, inviting sealed propos-lab°r and furDisbing the necessary materials for the fulfillment of the proposed contracts, and specifving the character and amount of the bond which will be required for the fulfillment of the conditions of said contracts; and in all cases contracts shall be awarded bv the board to the lowest and most responsible bidder who will give the required security: Provided, That should there be but one bid, the approval of every member of the board shall be necessary to complete the proposed contracts: Provided, also, That the said board maj reject any or all bids at their discretion when deemed too high, and again advertise for proposals, as before provided.
Sec. 11. That the board of commissioners shall have an office at Fort Steilacoom, and after the first meeting as in this act provided, they shall meet at such times as they may elect.
rsec. 12. The said board of commissioners shall, while acting as such, receive the same pav as that provided bv the provisions of section 2254 of the Code of Washington territory, for the compensation of the members of the board of trustees for said hospital for the insane: Provided, That no member of said commission shall receive pay for more than one hundred days in any one year: And provided further, That no member of said commission shall, while acting in the discharge of his duties, as such, receive anv pav as a member of said board of trustees: And provided further, That the presi-dcnt v hile acting under the provisions of section 6, as superintendent, shall receive three dollars per day.
Sec. 13. That for the purpose of carrying out the provisions of this act, there is hereby appropriated, out of the Ter-348	LAWS OF WASHINGTON
ritorial treasury, not otherwise appropriated, the sum of one hundred thousand (100,000) dollars.
Sec. 14. That all acts and parts of acts in conflict herewith be, and the same are hereby repealed.
Sec. 15. This act shall take effect and be in force from and after its passage and approval.
Approved February 3, 1886.
AN ACT
PROVIDING FOR THE APPOINTMENT OF COMMISSIONERS TO SELECT A LOCATION FOR A HOSPITAL FOR THE INSANE IN EASTERN WASHINGTON.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That it shall be the duty of the Governor within ten days after the approval of this act to appoint three competent persons who shall constitute a board of commissioners and be known as the asylum commissioners for eastern Washington.	f
Sec. 2. That said commissioners shall be selected from the residents of eastern Washington, one of them shall be a practical physician, and no two shall be appointed from the same county.
Sec. 3. It shall be the duty of the said board of commissioners to select a suitable place in eastern Washington to locate a hospital for the insane, taking into consideration climate, accessibility by railroads, etc., water, fuel and material for building purposes. Said selection to contain not less than one hundred and sixty acres of land, and to report location, price of land, with their recommendations and suggestions, during the first five days of the session of the next legislature.
Sec. 4. Said commissioners shall meet on the first Tuesday in March, 1886, in the town of Medical Lake, Spokane county, Washington Territory, and organize by selecting one of their number as president of the board and one as secretary thereof. They shall appoint their own time and place of meeting thereafter.
Sec. 5. The said commissioners shall receive as pay for their services the sum of five dollars per day while engaged in performing the duties imposed by this act, together with mileage at the rate of ten cents per mile each way for actual travel to and from the place of meeting of the board and in the discharge of their respective duties.
Sec. 6. That the sum of five hundred dollars, or so muchLAWS OF WASHINGTON
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thereof as is necessary, is hereby appropriated out of the Terri-tonal treasury from moneys not otherwise appropriated, for t le purpose of paying said commissioners for their per diem and mileage and the Territorial auditor is hereby authorized to draw warrants on the treasurer for the respective amounts, upon an itemized account of mileage and per diem being filed with said Trritorial auditor signed by the president of said board of commissioners and countersigned by the secretary theieof. Provided, That the whole expense of selecting the location shall not exceed five hundred dollars.
Sec. 7. This act shall take effect and be in force from and after its approval by the Governor.
Approved February 3, 1886.
AN ACT
TO PROVIDE FOR THE TRANSPORTATION OF INSANE PERSONS TO THE ASI LUM AND TO FIX THE RATE OF COMPENSATION THEREFOR.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That the costs of transporting persons to the hospital for the insane, by committment under the laws of this Territory, shall be paid for by the Territory except as hereinafter provided.
Sec. 2. That all persons adjudged insane and committed to the asylum shall be conveyed to the asylum by the sheriff of the county in which such person or persons were adjudged insane or by some person appointed by the sheriff as his deputy or guard, for that purpose.
Sec. 3. That in case of any female person, or persons having been adjudged insane and committed to the asylum, the probate judge of the county shall require the sheriff to select some suitable female to accompany said insane patient as an attendant or guard to the asylum. The said attendant so selected shall receive for her services as guard, the sum of three dollais pei daj, and her actual traveling expenses, en route from and returning to the county seat of the county from which the patient is conveyed, by the nearest traveled route while engaged in said service. An itemized bill for the per diem and expenses as provided in this section shall be made out and verified by the oath of the female attendant or by the sheriff of the county and filed with the Territorial auditor,350
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who, if he deem the amount reasonable and just, shall draw’ his warrant on the treasurer for the payment of the same, or for such portion thereof as shall be deemed legal and just.
Sec. 4. In case the probate judge shall deem it necessary he may direct in the order adjudging the insanity of any male person or persons, that the sheriff may select one person as a guard to assist in conveying said male person or persons to the asylum, and the compensation for the services of said guard shall be the same as provided in section three (3) of this act for a female guard or attendant.
Sec. 5. The sheriff of the county or his deputy shall receive the sum of five dollars per day and his actual traveling expenses, for the time necessarily employed in conveying insane person to the asylum, computing the time by the nearest traveled route from the county seat of his county to the asylum and return: Provided, That the time and personal expenses of the sheriff on his return from the asylum shall not be greater than the time and personal expenses necessarily involved in going to the asylum. In addition to his personal expenses, the sheriff or his deputy shall be allowed his actual disbursements, necessarily paid out by him, for the board and traveling expenses of the insane person, or persons, conveyed to the asylum, and he shall make out an itemized account of his own and the expenses of the patient, and verify the same by his oath. The accounts so made out shall be filed with and audited by the Territorial auditor, and the same, or so much thereof as shall be deemed just and lawful, paid by the Territory.
Sec. 6. In all cases of the adjudged insanity and commitment of any person or persons to the asylum, it shall be the duty of the probate judge to make out a copy of the commitment, with any order for the appointment of a guard to assist in conveying the patients or patients to the asylum, which commitment and order shall be filed w ith the Territorial auditor, before any amount for the expenses of such conveyance shall be allowed.
Sec. 7. Whenever any patient or patients are delivered to the asylum under the provisions of this act, the superintendent of the asylum shall give to the sheriff or his deputy, delivering such patient, a certificate stating the name of the patient, the county from which admitted and the court that committed the same, and stating whether such patient was accompanied by an additional guard or attendant.
Sec. 8. The Territorial auditor shall examine the sworn statement of the sheriff or his deputy, or any guard appointed under the provisions of section four (4) of this act, and also the certificate of the superintendent of the asylum, and if he find the same correct, he shall audit the bills and accounts pre-
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sented, or any part thereof, and issue a warrant on the Terri-tonal treasurer who shall pay the same out of any moneys in the treasury not otherwise appropriated.
CLXVIn (one hundred and sixty-eight) o the Code of W ashington, in relation to “expenses transport-1DS ^sane persons’ and all acts or parts of acts inconsistent with the provisions of this act are hereby repealed
Sec. 10. This act to take effect and be in force from and after its passage and approval.
Approved February 3, 1886.
AN ACT
TO APPROPRIATE MONEY TO DEFRAY THE EXPENSES OF THE HOSPITAL FOR THE INSANE.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That section 2266 of the Code of Washington Territory, be amended to read as follows: The superintendent by and with the consent of the board of trustees, shall employ such assistances as are necessary for the effectual and economical administration of the institution, and the regular officers shall not receive salaries to exceed the following sumsone superintendent, twenty-two hundred (2200) dollars per aa^I assistant physician, one thousand one hundred (1100) dollars per annum; one accountant and steward, thirteen hundred (1300) dollars per annum; one head warden, six hundred and fifty (650) dollars per annum; one male attendant additional for every twenty-five male patients, each five hundred and forty (540) dollars per annum; one matron, six hundred and fifty (650) dollars per annum; one night attendant on male wards, five hundred and forty (540) dollars per annum-one outside attendant, five hundred (540) dollars per annum’ one female attendant for every twenty-five female patients’ each five hundred and forty (540) dollars per annum: one night attendant on the female wards, five hundred and forty (540) dollars per annum; one laundress, three hundred (300) dollars per annum; one carpenter, six hundred (600) dollars per annum; one cook, nine hundred (900) dollars per annum; one baker, who shall also assist the cook, five hundred (500) dollars per annum; one assistant in the kitchen and dining rooms, three hundred (300) dollars per annum; one teamster four hundred (400) dollars per annum.
. Sec. 2. All officers and employes may be furnished subsistence, quarters, lights, and fuel for one, and the superin-352
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tendent, assistant physician, accountant and steward, with quarters for their families in excess of salary.
Sec. 3. And be it further enacted, That section 2272 of the Code of Washington Territory, be amended to read as follows : Thirty-two thousand five hundred (32,500) dollars, or so much thereof, as may be necessary, are hereby appropriated for each fiscal year, to defray the expenses of said institution.
Sec. 4. All acts and parts of acts in conflict with the provisions of this act, are hereby repealed.
Sec. 5. This act to take effect and be in force from and after its passage and approval by the Governor.
Approved February 3, 1886.
AN ACT
FOR THE SUPPORT OF THE UNIVERSITY OF WASHINGTON TERRITORY.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That there be and hereby is, appropriated out of any money in the Territorial treasury, not otherwise appropriated, the sum of ten thousand dollars ($10,000,) for the payment of the salaries of teachers and professors in the literary department of the university of the Territory of Washington, for the two (2) years commencing on the first day of January, 1886, and ending on the first day of January, 1888.
Sec. 2. That there be, and hereby is appropriated out of the Territorial treasury, the further sum of three hundred dollars ($300), to be expended by the regents in the purchase of books for the library of said university.
Sec. 3. That there be, and hereby is appropriated out of the said Territorial treasury, the further sum of three hundred dollars ($300) for the purchase of philosophical and chemical apparatus, as well as chemicals for the use of said university.
Sec. 4. The sum mentioned and appropriated in section one (1) shall be paid in quarterly installments by warrant drawn by the Territorial auditor on the Territorial treasurer, in favor of the treasurer of the board of regents. The first quarter shall commence on the fist day of January, A. D. 1886, and end on the thirtieth day of March of said year; and s.o on by quarterly payments in the manner above provided, during the two (2) years mentioned in section 1. The sums mentioned and appropriated in sections 2 and 3 of this act shall be drawn on warrant as provided for above, in two (2) equal installments;LAWS OF WASHINGTON
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the first to be drawn on the first day of July, A. D. 1886, and the last on the first day of July, 1887.
Sec. 5. Each member of the legislative assembly of this territory may appoint one person, who may attend the uni-versity without payment of any tuition, in the literary department of the same, while the official term of the person appointing remains. The person so appointed must be a bona fide resid ent of the district of the person appointing, at the time of his appointment. For the purpose of this act the term of the person appointing shall commence at the time he is declared elected, and end when his successor is qualified. A copy of the appointment shall be sent to the president of the university and also one shall be given to the person appointed. The original shall be kept by the member making the appointment. All persons attending the university as students, outside of the county of King, during each school year, shall have deducted from their tuition the actual cost of their going to, and returning from said university to their respective homes.
Sec. 6. All acts and parts of acts in conflict with this act, are hereby repealed.
Sec. 7. This act shall take effect from and after its passage and approval by the Governor.
Approved January 16, 1886.
AN ACT
TO APPROPRIATE FUNDS TO PAY FOR THE BOARD AND TUITION OF CERTAIN DEAF MUTES.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That the sum of two hundred and forty-five dollars, or so much thereof as may be necessary, be, and is appropriated from any funds in the treasury not otherwise appropriated to defray the board and tuition of Edith Jones, Nelson A. Woods and Lee Brown, at the Oregon school for deaf mutes, from January 1st, 1885, to May 1st, 1885, the bill for which is hereby audited at three hundred dollars.
Sec. 2. The Territorial auditor is directed to draw his warrant on the treasurer of the Territory in favor of P. S. Knight, superintendent, for the said sum of three hundred dollars, and the treasurer is directed to pay the same from the unexpended balance of the appropriation for such purpose and the sum hereby appropriated.354
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Sec. 3. This act shall take effect and be in force from and after its approval.
Approved January. 2, 1886.
AN ACT
TO APPROPRIATE FUNDS TO DEFRAY THE EXPENSES OF THE COMMISSIONER, ON THE PART OF THE TERRITORY, AND THE EXHIBIT FROM THE TERRITORY AT NEW ORLEANS EXPOSITION.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That the sum of two thousand and five hundred dollars be, and is hereby, appropriated from the funds of the Territory not otherwise appropriated, to defray the expenses of the commissioner, on the part of the Territory, and the exhibits from the Territory at the exposition at New Orleans.
Sec. 2. The sum hereby appropriated shall be expended under the direction of his excellency, the Governor of Washington Territory, and the auditor of the Territory shall, from time to time, as required by the Governor, draw his warrant in favor of the Governor for an amount not exceeding the sum hereby appropriated, in sums not exceeding one thousand dollars, on the Territorial treasurer, who shall pay the same.
Sec. 3. The Governor shall file his receipt for the sums so drawn with the auditor, and forward the said sums to Ezra Meeker, the Territorial commissioner at New Orleans, and if in the opinion of the Governor the whole sum herein appropriated is not requisite and necessary for the purposes herein-aforesaid, then, and in such case, he shall forward only so much thereof as is in his opinion necessary.
Sec. 4. The said commissioner shall forward receipts for the said sums received to the Governor, who shall file the same with the auditor of the Territory, and on or before the first day of July, 1886, the said commissioner shall file with the auditor a detailed statement of the manner and purpose for which the sums received by him were expended, which statement shall be sworn to by the commissioner.
Sec. 5. This act shall take effect and be in force from and after its passage and approval.
Approved January 6, 1886.LAWS OF WASHINGTON
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AN ACT
TO PROVIDE FOR THE PERMANENT LOCATION AND CONSTRUCTION OF A TERRITORIAL PENITENTIARY AT WALLA WALLA
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That a penitentiary, or state, or Territorial prison, of this Territory, shall be, and hereby is, permanently located and established in the vicinity of the city of Walla Walla, in Walla Walla county.
Sec. 2. That it shall be the duty of the Governor, within ten (10) days after the approval of this act, to appoint by, and with the consent of the council, three (3) competent persons, residents of this Territory, who shall constitute a board of commissioners, for the construction of said penitentiary, and whose terms of office shall be two (2) years, and until their successors are appointed and qualified.
Sec. 3. Each of said commissioners, before entering upon the duties of his office, shall take and subscribe an oath, before any officer of the Territory, qualified to administer the same, that he will faithfully and impartially perform the duties of his office according to law, and shall execute and deliver to the Governor a bond to the Territory, with two (2) or more good and sufficient sureties, to be approved by said Governor, in the sum of five thousand (5,000) dollars, conditioned for the faithful performance of his duty according to law, which oath and bond shall be filed in the office of the secretary of the Territory.
Sec. 4. The persons appointed as commissioners, under the provisions of this act, or a majority of them, shall meet at the said city of Walla Walla, on the second Monday of March, 1886, and shall organize by electing one of their number president of the board, and one of their number secretary.
Sec. 5. Should a vacancy occur in said board of commissioners, by failure to qualify, death, resignation or otherwise, the Governor shall appoint some suitable person, a resident of the Territory, to fill such vacancy, and the person so appointed shall qualify according to the provisions of this act, and shall enter upon the duties of commissioner, as herein provided.
Sec. 6. It shall be the duty of the president of the board to preside at the meetings thereof, and to superintend the performance of all contracts for the erection of the penitentiary, and for labor and material which may have been authorized by the board; to see that the terms of each contract are fulfilled, and to do and perform such other duties pertaining to the erection of said penitentiary, as the board shall direct: Provided, That no member of the board shall be interested directly, orLAWS OF WASHINGTON
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indirectly, in any contract, of any kind, connected with the erection of said penitentiary, during their continuance in office, under the penalty of three thousand (3,000) dollars, to be prosecuted and collected of him, and the sureties upon his official bond, upon an action of debt commenced under the. direction of the Governor, in any court of competent jurisdiction..
Sec. 7. All accounts shall be audited by the Territorial auditor, and no money shall be paid by the Territorial treasurer for any purpose connected with the erection of said penitentiary, except on a warrant, or warrants, drawn on him by the Territorial auditor for the payment of bills certified to by the said board of commissioners, and signed by the president and secretary thereof, and every such warrant shall express upon its face whether the amount so required, is for materials furnished, or services rendered, or labor performed, and the board shall in no case sanction the payment of any money, unless the labor has been performed, or the materials have been furnished in accordance with a contract entered into, under the provisions of this act, for which any. such is contemplated; and it shall be the duty of the Territorial treasurer to pay all warrants drawn by said Territorial auditor, as herein provided, out of any money in his hands applicable thereto.
Sec. 8. The said commissioners shall receive a deed of conveyance, clear of all incumbrance, in trust for the people of Washington Territory, for one hundred and sixty (160) acres of land in the vicinity of the city of Walla Walla, more particularly described as follows: S| of SW^, section 18, containing eighty-five (85) acres; and N^ of NW£, section 19, containing seventy-five (75) acres, all in township 7 N., R. 36 E. Said land being donated by the citizens of said city of Walla Walla, and upon which land the said penitentiary shall be erected. Said land and location having been selected by a majority of the board of commissioners, as authorized by the legislative assembly, in an act entitled “An act to provide for the proper confinement of Territorial convicts, appoint commissioners and levy a tax to build a penitentiary,” approved November 28, 1883.
Sec. 9. The said board of commissioners may, in their discretion, inspect the penitentiaries of the states of California and Oregon previous to adopting any plan for the proposed penitentiary at Walla Walla, and shall receive ten (10) cents per mile for each mile necessarily traveled in the performance of such duty, and they shall have power to enter into contracts, as hereinafter provided, for the erectnon of a penitentiary building, near said city of Walla Walla, and on the grounds donated therefor, and to make all contracts for the materials
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and labor necessary therefor. They shall proceed, with as little delay as possible, to erect a suitable fire-proof building, or buildings, of stone, brick and iron or steel, or either of said materials, in accordance with the plan or plans thereof, which may be adopted by said board, or a majority of them: Provided, That the stockade enclosing said buildings may be constructed of wood and shall be erected at such distance from the buildings as the board may determine.
Sec. 10. All contracts for the erection of said penitentiary, and for labor or materials therefor, shall be made by said board, or a majority thereof, and the execution of all said contracts shall be under the supervision and control of said board. No contract shall be entered into for the erection of said penitentiary, or for materials or labor therefor, before the said board shall have first given notice, by publication, in three newspapers, published in this Territory, one at the city of Seattle, one at the city of Tacoma, and one at the city of Walla Walla, for three (3) consecutive weeks prior thereto, inviting sealed proposals for the erection of said penitentiary, or for all, or any portion of the designed materials therefor, or for all or any portion of the different kinds of work necessary in the erection of the same, and specifying the character and amount of the bond which will be required for the fulfillment of the conditions of said contract or contracts, and in all cases the contract or contracts shall be given, by the board, to the lowest and most responsible bidder, who will give the required security: Provided, Said bid, or bids, shall not be opened in less than fifteen days after said publication: Provided, also, That when there shall be but one bid, the approval of every member of the board shall be necessary to complete the proposed contract or contracts: Provided, also, That the said board shall reject any, or all bids, at their discretion, when deemed excessive, and again advertise for proposals.
Sec. 11. The said board of commissioners shall keep an office at the city of Walla Walla, and after the first meeting, as in this act provided, they shall meet at such time as they may elect.
Sec. 12. Each of said commissioners, in consideration of services rendered, shall receive an annual salary of ($600) six hundred dollars, and no more, payable quarterly, out of the fund appropriated for the erection of said penitentiary, and in the same manner that other accounts against said fund are paid.
Sec. 13. It shall be the duty of the Governor, upon the receipt of notice from said board of commissioners, that the said penitentiary, at Walla Walla, is ready for occupancv, to cause the Territorial convicts to be removed thereto, by such358
LAWS OF WASHINGTON
means, and in such manner, as he may deem expedient, and all expenses of said removal shall be paid from, and out of the general fund, and it is hereby made the duty of the Territorial treasurer to pay such expenses, as above provided, upon the warrant of the auditor.
Sec. Id. The Governor, upon the removal of said convicts to the penitentiary at Walla Walla, if prior to the next regular session of the legislative assembly, shall appoint such officers, and prescribe such rules as may be necessary for the government and discipline of said penitentiary until the same are provided for by law.
Sec. 15. For the purpose of carrying into effect the provisions of this act, there is hereby appropriated out of any money in the treasury not otherwise appropriated, the sum of ($60,000) sixty thousand dollars to be transferred from the general fund and added to and made part of the “Territorial penitentiary fund,” created by an act entitled “An act providing for the proper confinement of Territorial convicts, appoint commissioners and levy a tax to build a penitentiary," approved November 28, 1883. From which fund the Territorial treasurer shall pay all warrants as herein provided.
Sec. 16. Said penitentiary building shall be such dimensions, size and capacity as the said sixty thousand dollars ($60,000) added to the penitentiary fund, economically expended, will possibly make.
Sec. 17. That all acts and parts of acts in conflict herewith be, and the same are hereby repealed.
Sec. 18. This act shall take effect and be in force from and after its passage.
Approved January 22, 1886.
AN ACT
TO PROVIDE FOR THE PAYMENT OF THE CONTINGENT EXPENSES OF THE LEGISLATIVE ASSEMBLY.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. The auditor of the Territory is hereby directed to draw warrants in favor of the following persons and firms for the sums following, to-wit: The Tacoma lodge library, the sum of fifty dollars for rent of rooms for use of committees. T. M. Reed, for the sum of thirty dollars for dravage, expressage and storage. H. D. Cook, for drayage paid, three dollars. H. Sabin, for the sum of eight dollars for lock and keys. Olympia water company, for the sum of four dollars forLAWS OF WASHINGTON
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two mouths water rent. Austin brothers, for the sum of forty-one and 75-100 dollars for barrels and hauling water. Meacham & Co., for the sum of twenty dollars for tables. W. H. Taylor, for the sum of twenty-four dollars for carpenter work. M. O'Conner for the sum of eight dollars stationery bill. H. O. Drewry, for the sum of one dollar and twenty-five cents for draying.
Sec. 2. The Territorial treasurer is directed to pay the amount of said several warrants above provided for out of any money in the treasury not otherwise appropriated.
Sec. 3. The Territorial auditor is further directed to draw his warrant on the Territorial treasurer for the funds necessary for the payment of the necessary expenses incurred in the distribution of the message and report of the Governor, the printing of which is ordered to be done by the Lowman & Hanford, stationery and printing company, on bills rendered therefor, and the treasurer is hereby directed to pay the same from any funds in the treasury not otherwise appropriated.
Sec. 4. This act shall take effect and be in force from and after its passage and approval.
Approved February 4, 1886.
AN ACT
TO APPROPRIATE MONEY FOR TERRITORIAL INCIDENTAL EX-
PENSES.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That the sum of ($500) five hundred dollars, or as much thereof as may be necessary, is hereby appropriated out of any money in the Territorial treasury, not otherwise appropriated, for Territorial incidental expenses of the executive office.
Sec. 2. The Territorial auditor is hereby authorized to draw warrants on the Territorial treasurer to an amount not exceeding five hundred dollars on presentation to him of vouchers duly certified by the Governor that the amount has been expended for Territorial incidental expenses.
Sec. 3. The Territorial treasurer is hereby authorized to pay such warrants upon presentation out of any money not otherwise appropriated.
Sec. 4. This act to take effect and be in force from and after its passage and approval.
Approved February 4, 1886.360
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AN ACT
TO PROVIDE FOR THE CLEARING AND IMPROVING THE CAPITOL GROUNDS AND BUILDINGS, AND PROVIDE FOR PAYMENT FOR THE SAME.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That the sum of five hundred dollars be and is appropriated for the repair of the capitol building and grounds, to be expended in the manner following, to-wit: For clearing off the brush inside the fence, one hundred dollars. For the distance of one hundred feet from the fence outside, and clearing off th brush inside the fence, one hundred dollars. For repairing and painting fence one coat, seventy dollars. For building water closet, fifty dollars. For building side walk from building to street, eighty dollars. For shelving in library, one hundred dollars. For general repairs, one hundred dollars.
Sec. 2. The Territorial auditor and treasurer are directed to supervise the repairs, provided by section one to be made, and on completion of such, the bills for the same shall be certified by the auditor and treasurer and the auditor is directed to draw his warrants on the Territorial treasurer for the same, and the treasurer is directed to pay the same.
Sec. 3. This act to take effect and be in force from and after its approval.
Approved February 4, 1886.
AN ACT
TO APPROPRIATE THE SUM OF ONE HUNDRED AND EIGHTY ($180) DOLLARS FOR POSTAGE STAMPS FOR THE USE OF MEMBERS
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That the Territorial auditor be, and is hereby, authorized to draw a warrant upon the Territorial treasurer in favor of H. I). Cock, sergeant-at-arms of the council, for the sum of sixty ($60) dollars, and another warrant in favor of J. E. Gandy, sergeant-at-arms of the house, for the sum of one hundred and twenty (120) dollars, for the purpose of purchasing stamps, to be divided equally among the members of the assembly.LAWS OF WASHINGTON
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Sec. 2. This act to take effect and be in force from and after its approval.
Approved December 23, 1885.
AN ACT
TO PRESCRIBE THE MANNER OF SELLING THE SULPHATE AND OTHER PREPARATIONS OF MORPHINE IN THE TERRITORY OF WASHINGTON AND FOR OTHER PURPOSES.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That on and after the first day of July, eighteen hundred and eighty-six, it shall not be lawful for any druggist or other dealer in drugs or medicines to sell or offer for sale any sulphate or other preparations of morphine in any bottle, vial, envelope or other package unless the same shall be wrapped in a scarlet paper or envelope, and all bottles or vials used for the above purposes shall have in addition to said scarlet wrapper a scarlet label lettered in white letters, plainly naming the contents of said bottle.
Sec. 2. Be it further enacted by the authority aforesaid: That any one violating the provisions of the above section shall be guilty of a misdemeanor, and on conviction thereof shall be fined not less than ten nor more than fifty dollars, at the discretion of the court, for each and every violation of the preceding section.
Sec. 3. Be it further enacted. That all acts and parts of acts in conflict with this act be and the same are hereby repealed.
Sec. 4. This act shall take effect and be in force from and after its passage and approval.
Approved February 3, 1886.
AN ACT
TO AMEND SECTION 20&7 OF THE CODE OF WASHINGTON TERRITORY.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That section 2097 of the Code of Washington Territory, be amended to read as follows: “Section 2097. Mile-362
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age of officers who are required to reside at the county seat, shall be computed from the court house of the county, and every portion of a mile shall be computed as one mile. Mileage shall be allowed as follows: There shall be but one mileage in the summons and complaint in any action, and that shall be computed on all the miles actually necessarily traveled in the service of the same, on the defendant or defendants, in the action. Four (4) names of witnesses may be inserted by the plaintiff or defendant, in one subpoena, and only one mileage shall be charged for the service of such subpoena, and that shall be allowed for the number of miles actually and necessarily traveled in serving said subpoena. There shall be but one mileage allowed for the service of a warrant, or other process, no matter how many defendants there may be named in the same, and said mileage shall be for the miles actually and necessarily traveled in serving the same. There shall be but one mileage allowed for the service of a venire for a grand or petit jury, and that shall be for the miles actually and necessarily traveled in service of the same: Provided, That Whatcom county shall be exempt from the operation of this act.
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 its passage and approval by the Governor.
Approved January 29, 1886.
AN ACT
TO AMEND CHAPTER 113 OF THE CODE OF WASHINGTON TERRITORY, AS AMENDED BY AN ACT ENTITLED “AN ACT TO DECLARE CERTAIN PERSONS HABITUAL DRUNKARDS, AND TO PROTECT THEM AND OTHERS IN PERSON AND PROPERTY,” APPROVED NOVEMBER 28, 1883.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That section 1676 of Chapter 113 of the Code of Washington Territory, as amended by an act entitled “An act to declare certain persons habitual drunkards, and to protect them and others in person and property,” approved November 28, 1883, be and is hereby further amended to read as follows, to-wit:
Section 1676. It shall be the duty of the probate judge ofLAWS OF WASHINGTON
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each county to furnish a list of the names of all persons adjudged habitual drunkards, to all parties licensed to sell, by retail, intoxicating liquors in such county, and such retail dealer shall keep posted up in some conspicuous place in his place of business a list of such habitual drunkards. A person failing to keep such list so posted shall forfeit his lincense, and if he thereafter sells intoxicating liquors he shall be punished as if selling without a license.
Sec. 2. All acts and parts of acts in conflict with the provisions of this act are hereby repealed.
Sec. 3. This act to take effect and be in force from and after its approval by the Governor.
Approved January 15, 1886.
AN ACT
ORDERING THE TERRITORIAL TREASURER TO PAY ALL WARRANTS IN THE ORDER OF THEIR PRESENTMENT.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That the Territorial treasurer be, and he is hereby, ordered to pay all warrants drawn on the Territorial treasury in the order of their issuance: Provided, That all warrants drawn in payment of the current expenses of this legislature, be paid upon presentation.
Sec. 2. This act shall take effect and be in force from and after its passage and approval.
Approved February 3, 1886.
AN ACT
RELATING TO THE CANCELLATION OF COUNTY WARRANTS. Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That in each of the counties of Washington Territory where warrants have been drawn and remain uncalled for. for a period of six years from the date of their issue, then the county commissioners of any county in which such warrants remain may cancel the same, when it shall be the364
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duty of the auditor of any county in which such warrants are canceled to present the same to the county treasurer of said county, who shall transfer the amount of said warrants from the general fund of said county to the common school fund of said county.
Sec. 2. All acts and parts of acts in conflict with the provisions of this act are hereby repealed.
Sec. 3. This act to take effect and be in force from and after its passage and approval.
Approved February 3, 1886.
AN ACT
TO AMEND SECTION 2747 OF THE CODE OF WASHINGTON TER-
RITORY.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That section 2747 of the Code of Washington Territory be, and the same is hereby amended to read as follows: Section 2747. County orders shall be redeemed by the treasurer according to the priority of their issue, and it shall be his duty to make calls for, and pay county orders whenever the amount on hand exceeds five hundred dollars.
Sec. 2. This act to take effect and be in force from and after its passage and approval.
Approved January 19, 1886.
AN ACT
TO AMEND SECTION 2731 OF THE CODE OF WASHINGTON TER-
RITORY.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That section two thousand seven hundred and thirty-one of the Code of Washington Territory, be and the same is hereby amended to read as follows:
Section 2731. .When any instrument, paper or notice, authorized or required by law to be recorded, is deposited in the county auditor’s office for record, that officer must endorseLAWS OF WASHINGTON
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upon the same the time when it was received, noting the year, month, day, hour and minute of its reception, and must record the same without delay, together with the acknowledgments, proofs and certificates written or printed upon or annexed to the same, with the plates, surveys, schedules and other papers thereto annexed, in the order and as of the time when the same was received for record, and must note at the foot or the record the exact time of its reception, and the name of the person at whose request it was recorded, and the same shall be considered and deemed to be recorded from the time it was so deposited in such county auditor’s office.
Sec. 2. This act shall take effect and be in force from and after its passage and approval.
Approved January 15, 1886.
AN ACT
TO AMEND SECTION 2736 OF THE CODE OF WASHINGTON TERRITORY AS AMENDED BY THE ACT OF THE LEGISLATIVE ASSEMBLY OF WASHINGTON TERRITORY, APPROVED NOVEMBER 28, 1883.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That section 2736 of the Code of Washington, as amended by the act of the legislative assembly of the Territory of Washington, approved November 28, 1883, be, and the same is hereby amended to read as follows: Section 2736. The county auditor in his capacity of recorder of deeds is sole custodian of all books in which are recorded deeds, mortgages, judgments, liens, incumbrances and other instruments of writing, indexes thereto, maps, charts, town plats, survey and other books and papers constituting the records and files in said office of recorder of deeds, and all such records and files are, and shall be, matters of public information, free of charge to any and all persons demanding to inspect or to examine the same, or to search the same for titles of property. It is said recorder’s duty to arrange in suitable places the indexes of said books of record, and when practicable, the record books themselves, to the end that the same may be accessible to the public and convenient for said public inspection, examination and search, and not interfere with the said auditor’s personal control and responsibility for the same, or prevent him from promptly furnishing the said records and files of his said office to per-
AN ACT
IN
JOINT TENANCY.
Legislative Assembly of the Territory
AN ACT
LAWS OF WASHINGTON
Be it enacted by the of Washington: Section 1. That if
366
sons demanding any information from the same. The said auditor or recorder must and shall, upon demand, and without charge, freely permit any and all persons, during reasonable office hours, to inspect, examine and search any or all of the records and files of his said office, and to gather any information therefrom, and to make any desired notes or memoranda about or concerning the same, and to prepare an abstract or abstracts of title to any and all property therein contained.
Sec. 2. This act shall take effect and be in force from and after its approval by the Governor.
Approved January 15, 1886.
TO AMEND SECTION 2752, OF THE CODE OF WASHINGTON TERRITORY, RELATING TO COUNTY ASSESSORS.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That section 2752 of the Code of Washington Territory, relating to county assessors be and the same is hereby amended so as to read:
Section 2752. At the general election in this Territory there shall be elected in each county a county assessor who shall have the qualifications of a voter and shall continue in office for two years and until his successor is elected and qualified: Provided, That in the counties of Clallam, Island, San Juan, Yakima, Kittitass, Jefferson, Pacific, Kitsap, and Mason, the sheriffs in said counties shall be ex officio assessors, and as such shall perform the duties of assessor.
Sec. 2. This act shall take effect and be in force from and after its approval by the Governor.
Approved January 20, 1886.
TO ABOLISH THE RIGHT OF SURVIVORSHIP IN ESTATES HELI)
partition be not made between joint tenants, the parts of those who die first shall not accrue to theLAWS OF WASHINGTON
36*
survivors, but descend, or pass by devise, and shall be subject to debts and other legal charges, or transmissable to executors or administrators, and be considered, to every intent and purpose, in the same view as if such deceased joint-tenants had been tenants in common, provided, that community property shall not be affected by this act.
Sec. 2. That all acts and parts of acts in conflict with this act be and are hereby repealed.
Sec. 3. That this act shall take effect and be in force from and after its approval by the Governor.
Approved December 23, 1885.
AN ACT
DECLARING WHAT SHALL CONSTITUTE A SUFFICIENT SEAL TO ANY INSTRUMENT IN WRITING.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That any instrument of writing to which the maker shall affix a scrawl by way of seal, or shall adopt a printed scrawl or seal, shall be of the same effect and obligation, to all intents and purposes, as if the same were sealed.
Sec. 2. All acts and parts of acts in conflict with this act are hereby repealed.
Sec. 3. This act to take effect and be in force from and after its approval by the Governor.
Approved December 23, 1885.
AN ACT
TO PROVIDE FOR THE PUBLICATION AND DISTRIBUTION OF VOLUME TWO OF THE REPORTS OF THE SUPREME COURT OF WASHINGTON TERRITORY.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That the auditor of the Territory be, and is hereby, authorized and required to purchase from the publisher, for the Territory, three hundred copies of volume two of the reports and decisions of the supreme court of Wash-368
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ington Territory, reported by John B. Allen, at a price not exceeding five dollars per volume.
Sec. 2. Whenever said three hundred volumes, the purchase whereof is authorized by the preceding section, shall have been delivered to the said auditor, he shall draw his warrant upon the treasurer for the said purchase price, to-wit: the sum of fifteen hundred dollars, and also for the freight charges thereon from the place of publication, which warrants shall be delivered to the parties entitled thereto, and payable out of the general fund. A sufficient sum of money for such purposes is hereby appropriated for that purpose.
Sec. 3. The auditor shall thereupon deliver to the Territorial librarian a sufficient number of copies for such purpose^ and the librarian is directed to forward per mail, post paid, to the persons, and the number of copies following, to-wit: 1. To the library of congress, two copies; 2, to the secretary of state, war, navy, interior and attorney general of the United States, each one copy; 3, to each of the judges of the supreme, circuit and district courts of the L nited States andthe court of claims, one copy; 4, to each state and Territory of the United States, one copy; 5, to the Governor, each justice of the supreme court, secretary, auditor, treasurer and United States district attorney for the Territory, one copy each; 6, to the clerk of supreme court, one copy, and one copy each to each clerk and deputy clerk of the district courts of the Territory, and to each district attorney, probate judge, county auditor and county treasurer in^the several districts and counties in the Territory, one copt ; 7, the surplus copies to be kept by the auditor of the Territory for distribution as may be provided by law.
Sec. 4. The librarian of the Territory is 'directed to se-cureh v rap and forward the said copies to the persons and places above named, post paid, and the sum of one hundred dollars, or so much thereof as may be necessary for such purpose. is hereby appropriated for such purpose from the gen-the auditor is directed to audit the librarian’s bill for such purpose and draw his warrant on the Territorial treasurer therefor, and the treasurer is directed to nav the same. ,
Sec. 5. This act shall take effect and be in force from and after its passage and approval.
Approved Januarv 20, 1886.LAWS OF WASHINGTON
369
AN ACT
TO PROVIDE FOR THE DISTRIBUTION OF THE SESSION LAWS AND JOURNALS OF 1885 AND 1886.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That the session laws and journals of the present session be distributed as follows: That the secretary of the Territory shall furnish one copy each, of the journal of the house and council, to the Governor, each member of the council and house of representatives, and the sergeant-at-arms and chief and assistant clerks of the council and house.
Sec. 2. The secretary shall cause to be bound in law sheep a sufficient number of copies of the session laws, to furnish one copy each to the Governor, secretary, auditor and Territorial treasurer, each of the judges of the supreme court, the United States district attorney, the United States marshal, the clerk of the supreme court, each prosecuting attorney, two copies to the library of congress, one copy to each of the states and territories of the United States, for the use of the public library of such states and territories, one copy to the Province of British Columbia, at Victoria, and one copy to each member of the council and house of representatives, the ser-geant-at-arms, and clerk and assistant clerks of the council and house, and one copy each to the registers and receivers of the United States land offices within the Territory, and one copy to the superintendent of public instruction.
Sec. 3. The secretary of the Territory shall also forward to the county auditors of each court (county) a sufficient number of unbound copies, to supply one copy to each auditor, clerk of the district court, probate judge, sheriff, county treasurer, assessor, county commissioner, county superintendent of common schools, coroner and justice of the peace within their respective counties, as public property, for the use of their respective offices, to be delivered to their successors in office.
Sec. 4. The remaining copies of such laws shall be delivered by the secretary to the Territorial auditor, who shall sell the same at the price of two dollars and fifty cents per volume and pay into the Territorial treasury the proceeds of such sales for the use of the general fund of the Territory.
Sec. 5. It shall be the duty of the secretary to carry into effect the provisions of the foregoing sections, and any and all necessary expenses incurred by him in so doing, shall be allowed and paid out of the Territorial treasury, upon presentation of the bills therefor to the satisfaction of the Territorial auditor, who shall draw his warrants therefor, in favor of the secretary, upon the Territorial treasurer, who shall pay the370
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same out of the Territorial treasury out of any funds not otherwise appropriated.
See. 6. This act shall take effect and be in force from and after its passage and approval.
Approved February 4, 1886.
AN ACT
TO CHANGE THE BOUNDARY LINE BETWEEN KITTITASS AND YAKIMA COUNTIES.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That the boundary line between Kittitass and Yakima counties, in Washington Territory, be and the same is hereby changed and shall hereafter be as follows, viz: Commencing at a point where the main channel of the Columbia river crosses the township line between township fourteen (14) and fifteen (15) north, of range number twenty-three (23) east of the Willamette meridian, and running thence west on the said township line to the range line between ranges eighteen and ninteen east, thence north on said range line six miles, or to the township line between the townships fifteen (15) and sixteen (16) north, thence west on the said township line to the range line between ranges seventeen (17) and eighteen (18) east, thence north to the township line between townships sixteen (16) and seventeen (17) north, thence west along said township line and a line prolonged due west, to the Nachess river, and thence northerly along the main channel of the Nachess river to the summit of the Cascade mountains, or to the eastern boundary of Pierce county.
Sec. 2. That all acts or parts of acts in conflict with this act be and they are hereby repealed.
Sec. 3. That this act shall take effect and be in force from and after its passage and approval by the Governor.
Approved February 4, 1886.
AN ACT
TO AMEND SECTION 2289 OF THE CODE OF WASHINGTON TERRITORY.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That section 2289 be amended by adding there-LAWS OF WASHINGTON
371
to after the last w ord in said section, “Any person or persons not resident in said Territory, who shall advertise as a physician or surgeon, and go from place to place, for the purpose of Practicing medicine or surgery, shall, before he enters upon such practice, present to the auditor of the county in which he proposes to practice, his medical diploma, as well as a true copy of the same, including any indorsements thereon: Provided further, That nothing in this act shall be so construed as to repeal section 2292 of the Code of Washington Territory, or any portion thereof, and shall make affidavit, before such auditor, that the diploma and indorsements are genuine, and said auditor shall preserve said copy of diploma, and make the same entries as provided in section 2285 of the code, and the person so proposing to practice shall pay to said auditor, for the use of the county, the sum of fifty dollars. Any person practicing medicine or surgery, in ai^v county in this Terri-toyv in v iolation of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof, before any court of competent jurisdiction, shall be fined in the sum'of two hundred dollars with costs of prosecution, which fine shall be paid into the county treasury, for the use and benefit of common schools therein.”
Sec. 2. All acts or parts of acts in conflict with this act are hereby repealed.
Sec. 3. This act to take effect and be in force from and after its approval by the Governor.
Approved February 3. 1886.
AN ACT
TO AMEND SECTION 1461 OF THE CODE OF WASHINGTON TERRITORY, AND SECTION 1460 OF THE CODE OF WASHINGTON TERRITORY, AS AMENDED BY AN ACT ENTITLED, “AN ACT TO CORRECT ERRORS AND SUPPLY OMISSIONS IN THE CODE OF WASHINGTON TERRITORY,” APPROVED NOV. 28, 1883.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That section 1460 of the Code be amended to read as follows: Section 1460. When a person shall die leaving a widow or minor child or children, the widow, child or children shall be entitled to remain in possession of the homestead, and of all the wearing apparel of the family, and of all the household furniture of the deceased; and if the head of the372
LAWS OF WASHINGTON
family in his lifetime had not complied with the provisions of the law relative to the acquisition of a homestead, the widow, or the child, or children, may comply with such provisions and shall be entitled on such compliance to a homestead as now provided by law for the head of a family, and the same shall be set aside for the use of the widow, child or children, and shall be exempt from all claims for. the payment of any debt, whether individual or cummunity. Said homestead shall be for the use and support of said widow, child or children, and shall not be assets in the hands of any administrator or executor for the debts of the deceased whether individual or community.
Sec. 2. That section 1461 shall be amended to read as follows: Section 1461. In the case of the appointment of an executor or administrator upon the death of the husband, as mentioned in section 1460, the probate court so appointing, shall without cost to the widow, minor child or children, set apart for the use of such widow, minor child or children, all the property of the estate by law exempt from execution; if the amount thus exempt be insufficient for the support of the widow and minor child or children, the probate court shall make such further reasonable allowance out of the estate, as may be necessary for the maintenance of the family according to their circumstances during the progress of the settlement of the estate.
Sec. 3. This act shall take effect and be in force from and after its passage and approval.
Approved February 3, 1886.
AN ACT
TO PROVIDE FOR INDEXING THE CODE AND SESSION LAWS OF THE TERRITORY OF W’ASHINGTON, AND APPROPRIATING MONEY TO PAY FOR THE SAME.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That the Governor of the Territory of Washington is hereby authorized to employ a competent and qualified person to index the Code of 1881 and the session laws of 1881, 1883, and all acts passed by the legislative assembly in 1885-6, and also all laws of a general and local nature left in operation after the compilation of the Code of 1881.
Sec. 2. That said index shall contain the subject matterLAWS OF WASHINGTON
373
of the law, the section of the Code where found, the date of passage of the law, and if a session act, the page of the session laws where found; and also all amendments to and repeals of the law, with the date of their passage and the page of the session laws where found.
Sec. 3. That said index, when completed, shall be presented to the Governor for his examination and approval, and if upon such examination the work is satisfactorily done, the Governor shall certify to the auditor such fact, and the auditor shall thereupon draw a warrant in favor of the person designated in such certificate on the treasurer for the sum of money certified by the Governor to be due for making such index.
Sec. 4. The sum of three hundred dollars ($300), or so much thereof as shall be necessary, is hereby appropriated out of any funds not otherwise appropriated in the Territorial treasury to pay for said index.
Sec. 5. Said index shall be printed and bound together with the laws passed at the tenth biennial session of the legislative assembly of the Territory: Provided, That the printing of said index shall not be at the expense of the Territory.
Sec. 6. All acts and parts of acts in conflict with this act are hereby repealed.
Sec. 7. This act shall take effect from and after its passage and approval by the Governor.
Approved February 4, 1886.
AN ACT
TO AMEND SECTION 2683 OF THE CODE OF WASHINGTON TER-
RITORY.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That section 2683 of the Code of Washington Territory be. and the same is hereby amended to read as follows: Section 2683. Whenever, in the opinion of the county commissioners of any county, the public good requires a courthouse, jail or other county building, they shall estimate the cost thereof, and submit the same to a vote of the qualified electors of their county, at a general or special election for that purpose, which election shall be held in the usual manner of general elections, after giving four weeks’ notice by publication in the official newspaper of such county; and if a374
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majority of the voters at such election favor such special tax, the commissioners shall assess and cause to be collected such tax, in the same manner as other county taxes are collected. Sec. 2. This act shall take effect and be in force from and after its passage and approval.
Approved February 3, 1886.
AN ACT
TO AMEND SECTION 3034 OF CHAPTER 233 OF THE CODE OF WASHINGTON TERRITORY.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That section 3034, of Chapter 233. of the Code of Washington Territory be amended so as to read as follows:
Section 3034. Whenever any bridge is to be built, by any county in this Territory, the estimated cost of which shall exceed the sum of two hundred dollars, the board of county commissioners shall advertise for sealed bids, said bids to be accompanied by plans, specifications and strain diagrams for the same, said advertisement to be published for three successive weeks in the official newspaper of the county, if a weekly, and twenty days if a daily paper. With each bid shall be deposited a bond, with a penalty equal to ten per cent, of the amount of such bid, conditioned that said bond shall be forfeited to the county if the party making said bid shall fail or neglect to enter into written contract and give the requisite bond within five days from date of award. Upon the day and hour appointed by said board, to receive said sealed bids, the said board shall proceed to open said bids and award the contract to the party whose bid, in their judgment, is the lowest and best. If in their judgment one is required, the said board may appoint a superintendent, whose duty it shall be to superintend the construction of such bridge? Provided, always, That said board of county commissioners, in its discretion1 may reject any or all bids.
Sec. 2. This act to take effect and be in force, on and after its passage and approval.
Approved February 3, 1886.LAWS OF WASHINGTON
375
AN ACT
TO AMEND SECTION 2768 OF THE CODE OF WASHINGTON TERRITORY.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That section 2768 of the Code of Washington Territory be amended to read as follows: Section 2768. Every deputy sheriff shall possess all the power and may perform any of the duties prescribed by law to be performed by the sheriff, or by his deputies; shall serve or execute, according to law, all process, writs, precepts and orders, issued or made by lawful authority, and to him directed, and he shall attend upon all courts of record at every term: Provided, That neither the sheriff nor any of his deputies shall receive a per diem allowance for attendance on probate courts, except when having insane persons in charge.
Sec. 2. All acts and parts of acts in conflict with this act be and they are hereby repealed.
Sec. 3. This act shall be in force from and after its approval.
Approved January 9, 1886.
AN ACT
TO AMEND SECTION 1705 OF THE CODE OF WASHINGTON TERRITORY.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That section 1705 be amended to read as follows: Every person whose duty it is to deliver over the dockets, books, records and papers, as prescribed in the last section, shall forfeit and pay for the use of the county one hundred dollars for neglect to perform such duty, which sum may be recovered in an action in the name of the county from such persons or their bondsmen.
Sec. 2. This act to take effect and be in force from and after its passage and approval by the Governor.
Approved February 4, 1886.376
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AN ACT
TO PROVIDE FOR THE SINKING OF ARTESIAN WELLS IN THE COUNTIES OF ADAMS AND FRANKLIN, WASHINGTON TERRITORY, AND APPROPRIATING MONEY THEREFOR.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That the sum of six thousand dollars ($6,000) be and is hereby appropriated out of the general fund of the Territory for the purpose of sinking artesian wells in Adams and Franklin counties, in order to ascertain if artesian water can be obtained in the desert land district of Eastern Washington.
Sec. 2. That N. H. Green, T. W. Martin of Adams county, and J. M. O Keefe of Franklin county shall constitute a board of commissioners to act without salary or other compensation It shall be the duty of such commissioners, on or before April 1. 1886, to locate the place for sinking said well or wells and they are hereby authorized to accept a donation to the county in which said well is to be bored, of at least one (1) acre of land bordering on a highway, and shall notify the Governor as soon as said place has been selected and said land obtained, and shall forward to him the deed of said land with a plat thereof showing its location.
Sec. 3. . Should any of the commissioners herein named fail to qualify, the Governor shall fill the vacancy by the appointment of some citizen of the same county of which the commissioner failing to qualify was a resident.’
Sec. 4. Within ten (10) days after notice from said commissioners that the land has been obtained and the place located, it shall be the duty of the Governor to advertise for bids to sink such well by the foot, and he shall let the contract to the lowest responsible bidder upon such bidders filing with him a satisfactory bond for the faithful performance of the conditions of the contract; and the conditions of the contract obligating the Territory shall not extend beyond finding flowing water, or in case flowing water is not obtained, beyond an expenditure of the sum hereby appropriated.
Sec. 5. The well to be bored under the provisions of this act shall be of standard size, and every time a hundred (1Q0) ±eet has been drilled the commissioners shall examine said well and if they find that said one hundred (100) feet has been sunk in good and workman-like manner, they shall so certify to the Governor and he shall thereupon notify the Territorial auditor, and shall direct the Territorial auditor to draw a warrant upon the Territorial treasurer to pay for sinking said oneLAWS OF WASHINGTON
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hundred (100) feet, and the Territorial treasurer shall pay the warrants issued under this act.
Sec. 6. Should the money hereby appropriated be insufficient to sink one (1) artesian well in each of said counties, the county commissioners of Adams and Franklin counties are authorized to appropriate, from time to time, so much monev as shall in their judgment be necessary to complete said wells, from the treasury of their respective counties out of any monev not otherwise appropriated, and such money when so appropriated shall be paid to the contractor upon the commissioners appointed in this act making a like certificate to the county auditor as they are required to make to the Governor, whereupon the auditor shall draw the warrant upon the county treasurer, which said warrant the county treasurer shall par out of the money appropriated therefor. *
Sec. 7. This act shall take effect and be in force from and after its passage and approval by the Governor.
Approved January 30, 1886?
AN ACT
TO REGULATE THE FEES OF ATTORNEYS IN JUDGMENTS ON PROMISSORY NOTES AND SIMILAR INSTRUMENTS IN WRITING.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That in all judgments on promissory notes and similar instruments, in writing, whether secured by mortgages or not ,an attorney’s fee may be allowed when specially contracted to be paid by the terms of the note, or mortgage, not to exceed as follows: Five per cent, on all sums less than one thousand dollars, four per cent, on all sums of more than one thousand dollars and less than two, and three per cent, on all sums in excess of two thousand dollars: Provided, That the court may, in its discretion, allow such less sums as it may deem reasonable.
Sec. 2. All acts or parts of acts in conflict herewith are hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its passage and approval by the Governor.
Approved January 29, 1886?378
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AN ACT
CONCERNING CONVEYANCES OF REAL ESTATE AND PROVIDING A FORM FOR DEEDS, MORTGAGES AND CERTIFICATES OF ACKNOWLEDGMENTS, AND DECLARING THE EFFECT THEREOF.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That all conveyances of real estate or of any interest therein, and all contracts creating or evidencing any incumbrance upon real estate shall be by deed.
Sec. 2. A deed shall be in writing, signed and sealed by the party bound thereby, witnessed by two witnesses and acknowledged by the party making it, before some person authorized by the laws of this Territory to take the acknowledgment of deeds.
Sec. 3. That warranty deeds for the conveyance of land, may be substantially in the following form: The grantor (here insert the name or names and place of residence,) for and in consideration of (here insert consideration), in hand paid, convey and warrant to (here insert the grantee’s name or names), the following described real estate (here insert description), situated in the county of-----------Washington Territory.
Dated this   day of-----------18—. (Seal.) Every deed in
substance in the above form, when otherwise duly executed, shall be deemed and held a conveyance in fee simple to the grantee, his heirs and assigns, with covenants on the part of the grantee: 1. That at the time of the making and delivery of such deed he was lawfully seized of an indefeasible estate in fee simple, in and to the premises therein described, and had good right and full power to convey the same. 2. That the same were then free from all incumbrances, and 3. That he warrants to the grantee, his heirs and assigns, the quiet and peaceable possession of such premises, and will defend the title thereto against all persons who may lawfully claim the same, and such covenants shall be obligatory upon any grantor, his heirs and personal representatives, as fully and with like effect as if written at full length in such deed.
Sec. 4. Bargain and sale deeds for the conveyance of land may be substantially in the following form: The grantor (here insert name or names and place of residence), for (and) in consideration of (here insert consideration) in hand paid, bargain, sell and convey to (here insert the grantee’s name or names,) the following described real estate (here insert description,) situated in the county of----. Territory of Washington. Dated this day of-----------18—. -—- (Seal.) Every deed in substance in the above form shall convey to theLAWS OF WASHINGTON	379
grantee, his heirs or other legal representatives and estate of inheritance in fee simple, and shall be adjudged an express covenant to the grantee, his heirs or other legal representatives, to-wit: That any grantor was seized of an indefeasible estate in fee simple, f»ee from incumbrance, done or suffered from the grantor, except the rents and services that may be reserved, as also for quiet enjoyment against the grantor' his heirs and assigns, unless limited by express words contained in such deed; and the grantee, his heirs, executors, administrators and assigns may in any action recover for breaches as if such covenants were expressly inserted.
Sec. 5. Quit-claim deeds may be in substance in the following form: The grantor (here insert name or names and place of residences), for the consideration (here insert consideration,) convey and quit-claim to (here insert grantor’s name or names) all interest in the following described real estate (here insert description), situated in the countv of--------,
Washington Territory. Dated this day of   18—, -(Seal.) Every deed in substance in form' prescribed in this section, when otherwise duly executed, shall be deemed and held a good and sufficient conveyance, release and quit-claim to the grantee, his heirs and assigns in fee of all the then existing legal or equitable rights of the grantor, in the premises therein described, but shall not extend to the after acquired title unless words are added expressing such intention.
Sec. 6. Mortgages of land may be in the following form, ■substantially : The mortgagor (here insert name or names), mortgages to (here insert name or names of mortgagee or mortgagees) to secure payment of (here recite the nature and amount of indebtedness, showing when due, rate of interest, and whether secured by note or not), the following described real estate (here insert description), situated in the county of-------------Washington Territory. Dated this-----day of ---- 18—, ------------------------------------------------------- (Seal.) Every such mortgage, when otherwise
properly executed, shall be deemed and held a good and sufficient conveyance and mortgage to secure the payment of the moneys therein specified. The parties may insert in such mortgage any lawful agreement or condition, not usurious or unconscientious: Provided, however, That no mortgage shall be valid against the wife of any mortgagor who may be occupying the homestead with him, unless she shall freely and voluntarily, separate and apart from her husband, sign and acknowledge said mortgage; and the officer taking the acknowledgment shall fully apprise her of her rights and the •effect of signing such mortgage.
Sec. 7. A certificate of acknowledgment, substantially in ihe following form, shall be sufficient:380
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Territory of Washington, County of-------ss.
I,	(here give name of officer and official title) do hereby certify that on this --- day of -------, 18—, personally
appeared before me (name of grantor, and if acknowledged by wife, her name, and add “his wife”), to me known to be the individual (or individuals) described in and who executed the within instrument, and acknowledged that he (she or they) signed and sealed the same as (his, her or their) free and voluntary act and deed, for the uses and purposes therein mentioned. Given under my hand and official seal this-day of-------------------------------------------------, A. D., 18—. (Signature of officer.) (Seal.)
It shall not be necessary to take the acknowledgment of the wife separate and apart from the husband, except as to mortgages of the homestead, as herein provided.
Sec. 8. This act to take effect and be in force from and after its approval by the Governor.
Approved January 21, 1886.
AN ACT
To Change the Names of Cynthia L. Blake and Dora B. Blake to That of Cynthia L. Clinger and Dora B. Clinger.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That the names of Cynthia L. Blake and Dora B. Blake, daughters of Charles Blake, late of Jefferson county, W. T., be and the same are hereby changed to that of Cynthia L. Clinger and Dora B. Clinger.
Sec. 2. This act to take effect and be in force from and after its passage and approval by the Governor.
Approved January 19, 1886.
AN ACT
To Change the Name of Zerelda H. Delay to That of Zerelda H. Harlow.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That the name of Zerelda H. Delay, of Clarke
county, W. T., be and the same is hereby changed to that ofLAWS OF WASHINGTON
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Zerelda H. Harlow, in accordance with her petition to that effect.
Sec. 2. This act shall take effect and be in force from and after its passage and approval.
Approved December 22, 1885.
AN ACT
To Change the Name of Mark Twain Kinder to That of Mark Twain Selby.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That the name of Mark Twain Kinder, of the county of Clarke, W. T., be and the same is hereby changed to that of Mark Twain Selby, in accordance with the petition of his mother to that effect.
Sec. 2. That this act shall take effect and be in force from and after its passage and approval.
Approved December 22, 1885.
AN ACT
To Change the Name of Sarah A. Roseberry to that of Sarah A. Bradley.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That the name of Sarah A. Roseberry, of Spokane county, Washington Territory, be and the same is hereby changed to that of Sarah A. Bradley.
Sec. 2. This act to take effect and be in force from and after its passage and approval by the Governor.
Approved February 3, 1886.382
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AN ACT
To Authorize the Board of School Directors of District Number One of Adams County, Washington Territory, to Borrow Money to Complete the School House of Said District and Pay the Outstanding Indebtedness Incurred in the Building of the Same.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That he directors of school district number one of Adams county, Washington Territory, be and the same are hereby authorized and empowered, in the name of said district, to borrow the sum of one thousand dollars, said sum to be used in paying the outstanding indebtedness incurred in building the school house in said district and to fully complete the same.
Sec. 2. The said board of directors shall for the purpose of carrying the provisions of this act into effect, have power and they are hereby authorized and empowered in the name of said district, to issue one thousand dollars in school district warrants in denominations of not less than one hundred dollars each, to bear interest at the rate of ten per cent, per annum, payable in ten years from the date thereof: Provided, Said school district warrants may be redeemed by said district at any time after five years from the date thereof.
Sec. 3. The board of directors of said district are hereby authorized to levy and collect a special tax each year, on all taxable property of said district, a sufficient sum to pay the interest due on said school district warrants, and after five years from the date of such school district warrants, they shall annually, in like manner, levy and collect a special tax sufficient to pay all accrued interest on said school district warrants, and twenty per cent, of the principal thereof, until the whole amount of said school district warrants, and the interest thereon shall have been paid and discharged.
Sec. 4. This act shall take effect and be in force from and after its passage and approval.
Approved January 29, 1886.LAWS OF WASHINGTON
383
AN ACT
To Authorize the Board of School Directors of School District No. Four of the County of Chehalis in the Territory of Washington, to Borrow Money to Enable Said School District to Erect and Furnish a Public School House in Said School District, and to Issue the Bonds or Warrants of Said School District for the Purpose of Borrowing Such Money.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That the board of school directors of school district number four of Chehalis county, Washington Territory be, and they are hereby authorized and empowered in the name of said school district to borrow and sum of money not exceeding four thousand dollars, upon which they may pay any rate of interest not exceeding ten per cent, per annum, to be used and applied by said board of school directors, for the purpose of erecting and furnishing a public school house in said school district.
Sec. 2. That the said board of school directors for the purpose of carrying the provisions of this act into effect, shall have power and they are hereby authorized in the name of said school district to issue the bonds of said school district or the school dstrict warrants of said school district, in any sum not exceeding four thousand dollars, and in denominations of not less than fifty dollars, to bear interest as in the first section of this act provided, payable in ten years from the date thereof, and the interest thereon payable annually: Provided. That said bonds or warrants may be redeemed and paid by said school district, through its board of school directors, at any time after the expiration five years from their date.
Sec. 3. That said school district bonds or warrants shall be negotiable paper, and the said board of school directors shall have power and they are hereby authorized to negotiate and sell said bonds or warrants on the market at a discount of not more than five per cent.
Sec. 4. That said board of school directors be and they are hereby authorized, empowered and directed to levy and assess a direct special school tax annually hereafter on all taxable property in said school district, as assessed and returned by the assessor of the county of Chehalis, for county and Territorial purposes sufficient to pay the annual interest on said bonds or warrants, and ten per cent, of the principal thereof, until said bonds or warrants shall have been fully paid, and to384
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certify said special tax so levied and assessed to the auditor of said county of Chehalis, which tax shall be a lien upon, and collected out of and from the taxable property in said school district, or from the persons owning the same, within the same time and in the same manner as the general taxes for county and Territorial purposes are collected under existing laws of this Territory.
Sec. 5. The county treasurer of the county of Chehalis shall be entitled to one per cent, for receiving and one per cent, for disbursing the money by him collected under this act, and no other or greater compensation shall be allowed him for such services.
Sec. 6. This act shall take effect and be in force from and after its passage and approval by the Governor.
Approved January 19, 1886.
AN ACT
To Authorize School District Number Fifty-eight (58) of Clarke County to Erect a Public School House and Borrow Money to Pay Therefor.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Sectional. That the directors of school district number fifty-eight (58), of Clarke county, Washington Territory, are hereby authorized to submit to the qualified school electors of said district an estimate of the cost of building a school house, for said district, not to exceed three thousand dollars ($3,000). That notice of said election shall be given by publication thereof, three times in one of the newspapers published weekiv in Vancouver. The last publication thereof, to be at least'one week before said election.
Sec. That if a majority of the votes cast at said election shall be in favor of the erecting of said public school building, then the directors of said school district are hereby authorized and empowered to borrow the sum of money mentioned in the said estimate and not exceeding the sum of three thousand dollars ($3,000), and to issue the warrants of said district therefor, drawn on the county treasurer, and payable out of the funds of said school district as provided for in this act, which said warrants shall bear interest from the date thereof at any rate not to exceed ten per cent, until paid, and that
sriLAWS OF WASHINGTON
385
said tax shall be levied in all respects as other school taxes levied and collected in the same manner as other school taxes, under the school law of the Territory: Provided, That the county treasurer of the county of Clarke, shall be entitled to one (1) per cent, for receiving and one (1) per cent, for disbursing the special taxes in this act mentioned, and no greater compensation shall be allowed for such service.
Sec. 3. That the directors of said school district shall levy an annual tax to pay said warrants and interest thereon, equal to one-tenth the amount of principal and interest of said warrants.
Sec. 4. That the money raised by issue of said warrants, shall be applied by said directors in'building a public school house for said district.
Sec. 5. That all acts and parts of acts in conflict with this act are hereby repealed.
Sec. 6. This act shall take effect from and after its passage and approval by the Governor.
Approved February 4. 1886.
AN ACT
To Authorize the Board of School Directors of School District Number Twenty, of Spokane County, Washington Territory, to Borrow Money With Which‘to Purchase or Build a School House in Said School Dstrict.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That the board of school directors of school district number twenty (20) of Spokane county, Washington Territory, be and they are hereby authorized to submit to the duly qualified electors of said district the question of borrowing money, not to exceed six thousand dollars, and issuing the school district warrants of the district therefor. Said money to be used by said board of school directors for the purchase or construction of a public school house with its necessary appurtenances in said district, and such vote shall be taken at an election held in the same manner as other elections, under the school election laws of this Territory which are hereby declared to govern in the election herein provided for, and the form of ballots to be used at such elections shall be such as said board of directors may provide.386
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, Sec. 2. Should the vote at such election result in a majority of all the votes cast being for the issuance of school district warrants as aforesaid, then the board of directors of said district shall borrow any sum of money not exceeding six thousand dollars, upon which they may pay any rate of interest not exceeding ten per cent, per annum, to be used by said board of school directors for the purchase or construction of a public school house with its necessary appurtenances in said school district.
Sec. 3. That the said board of school directors for the purpose of carrying the provisions of this act into effect, shall have power, and they are hereby authorized in the name of said school district, to issue school district warrants to the amount of six thousand dollars in denominations of not less than one hundred dollars ($100), to bear interest as in this act provided, payable in ten years from the date thereof: Provided, That said school district warrants may be redeemed or refunded by said board of school directors at any time after five years from their date.
bee. 4. That the said board of school directors be and they are hereby authorized, empowered and directed to levy and assess a direct special tax annually hereafter, on all the taxable property in said school district, as assessed and returned by the county assessor for the countv of Spokane for Territorial and county purposes, sufficient at least to pay the annual interest in said school district warrants, and after five years, the annual levy may be increased to the limit of providing for payment of said annual interest and twentv per cent, of the principal, until said school district warrants are fully paid; and to certify said special tax so levied and assessed to the auditor of said county of Spokane, which tax shall be a. lien upon and be collected from the taxable property of said school district, within the same time and in the same manner as other special taxes are collected under existing laws of this Territory.
Sec. 5. The county treasurer of the county of Spokane shall be entitled to one per cent, for receiving, and one per cent, for disbursing the special taxes in this act mentioned, and no other or greater compensation shall be allowed him for said services.
Sec. 6. Phis act to take effect and be in force from and after its passage and approval by the Governor.
Approved February 3, 1886.LAWS OF WASHINGTON
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AN ACT
Authorizing a Vote of the Electors of School District Number 21, in Walla Walla County, Washington Territory, to Authorize the Board of Directors of Said District to Borrow Money and Issue Bonds Therefor to Pay the Outstanding Indebtedness of Said District Incurred in Build-
* ing a School House.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That the board of school directors of school district number twenty-one be and are hereby authorized to submit to the duly qualified electors of said district, the question of borrowing money not to exceed the sum of five thousand dollars and issuing the bonds of the district therefor, to pay the indebtedness of said district incurred in building a school house, and such vote shall be taken at an election held in the same manner as other elections under the school election laws of this Territory, which are hereby declared to govern in the election herein provided for, and the form of ballot to be used at such election shall be such as said board of directors may prescribe.
Sec. 2. Should the vote at such election result in a majority of all the votes cast being for the issuance of bonds as aforesaid, then the board of directors of said district shall borrow any sum of money not exceeding five thousand dollars upon which they may pay any rate of interest not exceeding ten per cent, per annum, to be apportioned by said board of school directors for the purpose of paying the outstanding indebtedness of said school district incurred as aforesaid.
Sec. 3. And said board of school directors, for the purpose of borrowing said money and carrying into effect the purposes of this act and of such vote, shall in the name of said school district issue bonds in the sum of five thousand dollars ($5000), or less in denominations of not less than one hundred dollars, payable in ten years thereafter, bearing any rate of interest not exceeding ten per cent, per annum: Provided, That said bonds may be redeemed or refunded by the board of school directors of said district at any time after the expiration of five years from their date, and said bonds are to be sold by said district at not less than their par value.
Sec. 4. Said board of school directors are further hereby authorized and directed to levy a direct special school tax annually hereafter, on all of the taxable property in said school district, as assessed and returned by the assessor of the388
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county of Walla Walla, for county and Territorial purposes, sufficient to pay the annual interest and ten per cent, of the principal of said bonds, and all of said bonds to be numbered consecutively and paid in their numerical order, and to certify the special tax so assessed to the county auditor of said Walla Walla county, which1 tax shall be a lien upon and be collected out of the taxable property of said district, within the same time, and in the same manner as other special taxes are collected under existing laws of this Territory.
Sec. 5. The officer collecting such tax shall be entitled to the same commissions for receiving and disbursing such tax, as for other special taxes for school purposes in this Territory.
Sec. 6. This act shall take effect and be in force from and after its passage and approval.
Approved January 6, 1886.
AN ACT
To Authorize the Directors of School District Number One, of Whatcom County, Washington Territory, to Issue School District Warrants to Pay the Outstanding Indebtedness of Said District Incurred in Purchasing Land and Erecting a School House Thereon.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That the school directors of school district number one, of Whatcom county, Washington Territory, be and they are hereby authorized and empowered to submit to the qualified electors of said school district at any general or special school election to be held in said district after the passage of this act the proposition to issue the school district warrants of said district in any sum not exceeding two thousand dollars, and any rate of interest not exceeding ten per cent, per annum, to aid in paying the outstanding indebtedness of said district incurred in purchasing land for a school site and in erecting a school house thereon.
Sec. 2. Whenever the said said school directors deem it advisable to submit said proposition to the qualified electors of said district, they shall give at least twenty days’ notice thereof by publishing said notice in a newspaper in said district and by posting notices in at least three public places in said district, stating the proposition to be submitted, theLAWS OF WASHINGTON	389
amount of school district warrants proposed to be issued, the length of time they are to run and the time and place at which the election will be held. The election shall be by ballot and the ballot shall contain the words “For issuing the school district warrants of the district in the sum of.........dollars.” Every ballot in favor of issuing said school district warrants shall have the word “Yes” written or printed thereon, and every ballot against issuing said school district warrants, shall have the word “No” written or printed thereon.
Sec. 3. If at said election a greater number of the electors of said district voting upon said proposition shall vote “Yes” than shall vote “No,” then and in that event the school directors of said school district are hereby authorized and empowered in the name of and upon the faith and credit of said district to borrow any sum of money not exceeding two thousand dollars and at any rate of interest not exceeding ten per cent, per annum, to be used and apportioned by said board of directors for the purpose of paying the outstanding indebtedness of said school district incurred in purchasing land and erecting a school house thereon: Provided. That the amount of money so borrowed shall not exceed the amount authorized by the vote at the election at which the proposition was submitted to the electors of said district.
Sec. 4. That the board of school directors for the purpose of carrying the provisions of this act into effect, shall have power, and they are hereby authorized in the name of the school district, to issue, not to exceed two thousand dollars in school district warrants in denominations of twenty, fifty and one hundred dollars, to bear interest as in this act provided, payable in ten years from the date thereof: Provided. That said board of school directors shall not issue school district warrants in excess of the amount authorized by the vote at the election at which the proposition was submitted to the electors of said district: And, provided further. That said school district warrants may be redeemed or refunded by said board of school directors at any time after the expiration of five years from the date thereof.
Sec. 5. That said board of school directors be, and they are hereby, authorized to levy and assess a direct special school tax annually, after the issuing of said school district warrants, on all taxable property in said school district as assessed and returned by the assessor of the county of Whatcom for county and Territorial purposes, sufficient to pay the annual interest on said school district warrants and ten per cent, of the principal, until said school district warrants have been paid, and to certify said special tax so levied and assessed to the county auditor of said county of Whatcom, which tax390
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shall be a lien upon and be collected out of and from taxable property in said school district within the same time and in the same manner that other special school taxes are collected under existing laws of this Territory.
- Sec. 6. The officer authorized by law to collect, receive and disburse special school taxes, shall be entitled to one per cent, for receiving and one per cent, for disbursing the special taxes mentioned in this act, and no other or greater compensation shall be allowed him for such services.
Sec. 7. This act shall take effect and be in force from and after its passage and approval by the Governor.
Approved February 3, 1886.
AN ACT
To Authorize the Board of School Directors of School District No. Nine (9), Whitman County, to Borrow Two Thousand Dollars.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That the board of school directors of district No. nine (9) in Whitman county, Washington Territory, be and they are hereby authorized and empowered, in the name of said school district, to borrow any sum of money not exceeding two thousand dollars, upon which they may pay any rate of interest not more than ten (10) per cent, per annum, to be used and apportioned by said board of school directors for the purpose of paying the outstanding indebtedness against said school district incurred in the erection of the public school house in the said school district: Provided, A majority of the qualified electors of said district, at any election to be appointed by the board of directors of said district shall vote in favor of borrowing said money and for the issuance of the bonds hereinafter described.
Sec. 2. That the said board of school directors for the purpose of carrying the provisions of this act into effect, shall have power, and they are hereby authorized in the name -of said school district to issue bonds of said district in any sum not exceeding two thousand dollars, and in denominations of not less than fifty dollars, to bear interest as in the first section of this act provided, payable in five years from the date thereof, and the interest thereon shall be payable annually: Pro-LAWS OF WASHINGTON	391
Oded, That said bonds may be redeemed and paid by said board of directors at any time after the expiration of three years from their date.
Sec. o. That said school district bonds shall be negotiable paper, and the said board of school directors shall have power, and they are authorized to negotiate and sell said bonds on the market at a discount of not more than five per cent.
Sec. 4. That said board of school directors be and are hereby authorized, empowered and directed to levy and assess a direct special school tax annually hereafter, on all the taxable property in said school district as assessed and returned by the assessor of the county of Whitman, for county and Territorial purposes, sufficient to pay the annual interest on said bonds and ten (10) per cent, of the principal thereof, until said bonds shall have been fully paid, and to certify said special tax so levied and assessed to the auditor of said county of AA himan, which tax shall be a lien upon and collected out of and from the taxable property in said school district or from the persons owning the same, within the same time, and in the same manner as the general taxes for county and Territorial purposes are collected under existing laws of the Territory.
Sec. 5. The county treasurer of Whitman county shall be entitled to one per cent, for receiving, and one per cent, for disbursing the money by him collected, under the provisions of this act, and no other or greater compensation shall be allowed him for such service.
Sec. 6. This act shall take effect and be in force from and after its passage and approval by the Governor.
Approved January 29, 1886.
AN ACT
To Amend Section 2992, Chapter 229 of the Code of Washington in Relation to Roads, Bridges and Highways.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That section 2992 of the Code of Washington be amended to read as follows:
Section 2992. Whenever the supervisor shall, from any cause, have neglected or omitted to place on his list the name of any person or property within the time required by law, he may at any time afterwards place the name of any such’392	LAWS OF WASHINGTON
person or property on the list and assess the road tax due, which assessment shall in all respects be valid, as if made in due form. It shall be the duty of the county commissioners of the several counties to levy and assess a road tax of two dollars on every male person liable to perform labor on the public roads, between the ages of twenty-one and fifty years, except persons that are a public charge or too infirm to perform labor, idiotic and insane persons, and an active fireman who has been a member of any fire company in this Territory for a period of one year preceding the assessment of taxes; also assess not less than one nor more than five mills on every dollars’ worth of property as returned by the county assessment; which tax shall be paid in money, or in labor at two dollars per day: Provided, That the county commissioners may in addition, levy a special tax of two mills on every dollar’s worth of property as returned by the assessor, which tax shall be paid in money at the time and in the manner provided for the payment of county and Territorial taxes; and the money arising from said taxes shall be known and designated as the road and bridge fund ,and may, in the discretion of the county commissioners be applied to build or repair public bridges or roads.
Sec. 2. The provisions of this act shall apply to Mason county only.
Sec. 3. All acts and parts of acts in conflict with this act are hereby repealed.
Sec. 4. This act shall take effect and be in force from and after its passage and approval by the Governor.
Approved February 4, 1886.
AN ACT
To Authorize Road Districts in Skagit, Whatcom and Island Counties to Levy Special Taxes for Road and Bridge Purposes.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That in the counties of Skagit, Whatcom and Island, in the Territory of Washington, a special tax, not to exceed ten mills on the dollar, may be levied on the taxable property therein as hereinafter set forth.LAWS OF WASHINGTON
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Sec. 2. Whenever ten or more property taxpayers, residents of any particular road district in said Skagit, Whatcom and Island counties, shall petition the board of county commissioners of said counties, setting forth that the amount of road taxes derived from the general revenue law are inadequate for the proper improvement and maintenance of the public roads and bridges, or for the construction of necessary bridges in said road district, and the board of county commissioners, upon the consideration of the same, will not or cannot afford the necessary relief by appropriation from the county funds or otherwise, it shall be lawful for the board of county commissioners of said Skagit, Whatcom and Island counties to submit the question of levying a special tax to the electors of said road district, said tax not to exceed the sum of ten mills on the dollar of the taxable property in said district as per the assessment roll of said counties, and if a two-thirds majority of all the votes cast at such election shall favor such special tax, the board of county commissioners shall order the same to be levied on all the taxable property in said road district as shown by the county assessment roll of that year, and said assessment and collection thereof shall be made and collected the same as is provided for under the general law for the assessment and collection of special school taxes: Provided, That no person shall be eligible at an election under this act unless he or she pays a property tax and are otherwise entitled to vote under the general election law of this Territory: And, provided further, That for the purposes of this act, that where there is community property assessed in any road district it shall be considered that both the husband and wife are taxpayers of such district, if otherwise qualified.
Sec. 3. The board of county commissioners shall appoint an inspector and two judges (who may act as clerks of said election), qualified electors, as set forth in this act, to conduct such election, and shall fix the time and place of holding the same, and such election shall be conducted and returns made as near as may be in accordance with the general election law of this Territory, except as otherwise set forth in this act. At such election the ballots shall contain “tax yes” or “tax no.”
Sec. 4. Whenever the board of county commissioners shall order an election under the provisions of this act. they shall name the number of mills to be assessed on each and every dollar’s worth of property in said road district, as per the assessment roll of said Skagit, Whatcom and Island counties for that year, together with the time and place for the holding of such election, and the names of the inspector and judges appointed therefor, and the polls for such election shall394
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be opened and closed at the hours named by the board of county commissioners, which time shall not be less than four hours from the time of the opening to the closing of the same, and cause the same to be entered in the record of their proceedings. And it shall be the duty of the county auditors of said counties to issue the notices therefor, which notices shall set forth the names of the inspector and judges, the number of mills on the dollar to be assessed and the time and place for holding such election, together with the hours of the opening and closing of the polls. He shall furnish three copies of such notice to the supervisor of such road district, which notices shall be posted by the road supervisor in three of the most public places in his road district; and the county auditor shall also cause a copy of the same to be published in the official newspaper of the county, if there be one, for at least three ^eeks prior to the day of holding such election. The judges and inspector shall make prompt returns to the county auditor of such election, and they shall receive two dollars each for their services, to be paid out of the general county funds of said county as other election services are paid.
Sec. 5. The county treasurers of said Skagit, Whatcom and Island counties shall place any tax so paid or collected to the credit of the road district to which it belongs, and he shall receive as compensation for collecting and disbursing the same fee as for other taxes.
Sec. 6. The funds so- collected shall be paid over to the road supervisor of such road district, upon an order drawn by the auditor by the direction of the board of county commissioners of said county, in favor of said road supervisor, who may expend the same under his personal supervision, bv contract or otherwise, as he may deem best for the public good. And the board of county commissioners shall require an additional bond in such amount as they may deem proper for the faithful and economical expenditure of’ such funds, and such road supervisor shall make a detailed statement, accompanied with the necessary vouchers of such expenditure, to the board of county commissioners at their next regular meeting, and he shall receive such compensation for his services as the board of county commissioners deem proper, to be paid out of the general county funds of said counties: Provided, That all the road districts in A hatcom and Island counties shall be included in the operations of this bill, except the road district embracing the city of Whatcom.
Sec. 7. This act shall take effect and be in force from and after its approval by the Governor.
Approved February 3, 1886.LAWS OF WASHINGTON
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AN ACT
To Authorize the Board of Commissioners of Columbia County to Build a Court House and Jail in Said County and to
Provide Funds Therefor.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That the board of commissioners of Columbia county be and they are hereby authorized and empowered to purchase the necessary grounds in the city of Dayton and to build and construct therein a suitable building for a court house and jail for said county.
Sec. 2. The said building shall be constructed in such a manner and of such materials as the board of comissioners may deem best and expedient. Such building shall cost, when completed, exclusive of the costs of the grounds, not exceeding the sum of forty thousand dollars.
Sec. 3. For the purpose of providing funds for the purchase of the necessary grounds and the construction of said building and for the furnishing of the same, the said board of commissioners are authorized to bargain, sell and convey any grounds, and buildings therein now occupied by the county, and are further authorized and empowered to levy an annual tax not exceeding two mills on the dollar, upon all the taxable property in Columbia county, for the years 1886, 1887, 1888, 1889. 1890; such taxes shall be levied at the same time that Territorial and county taxes are levied, and shall be collected in the same manner as other county taxes are collected; and the proceeds of the sale of said lots aforesaid, and of said taxes shall constitute a fund to be known as the “court house fund” and all such taxes levied therefor shall be called the “court house tax.”
Sec. 4. The whole cost and expense of purchasing such grounds and building said house and jail including all payments of interest shall be paid from said court house fund by county warrants, to be known as “court house warrants” and drawn upon said court house fund.
Sec. 5. In order to procure the money required from time to time, for the purposes herein aforesaid, the said board of commissioners may, in their discretion, order issued court house warrants on the court house fund for such sum or sums as they deem best, and payable at a time or times to be stated in such warrants, not exceeding six years from the dates thereof. with not more than ten per cent, interest from date; such interest shall be payable annually at the office of the county396
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treasurer, and for which interest coupon warrants may be attached to and issued with such warrants.
Sec. 6. The board may from time to time, in their discretion dispose of said “court house warrants” in such sums as they deem best, to such person or persons as will pay the highest price therefor, which price shall in no case be less than eighty cents on the dollar, and to that end may advertise for sealed proposals for the whole or any part thereof, to be paid for and bear interest from the delivery of the same to the party or parties purchasing such warrants.
Sec. 7. Said board is authorized and empowered to enter into contracts in the name of the county with such person or persons, firm or corporations as they deem best for the furnishing of plans, superintending the work ,and constructing such building, as well as for the purchase of and preparation of the grounds, the expenses of which shall be paid out of the “court house fund” in the manner above provided. Such contracts shall only be made upon the order of the board, entered of record among their proceedings; and the board may also require employes and contractors to execute bonds with proper sureties to their approval for the due performance of their contracts.
Sec. 8. In case the levies provided in section three of this act shall not be sufficient to pay the principal and interest of said “court house warrants” at the expiration of the time said warrants are due and payable, the board be, and are hereby authoried to levy a tax sufficient to pay the same upon the taxable property of the county, such tax to be levied and collected as other county taxes.
Sec. 9. All contracts, herein provided for shall be signed by the chairman of the board of commissioners for and in behalf of the county, and all “court house warrants” shall be signed by such chairman and countersigned by the county auditor, under the seal of the board.
Sec. 10. This act shall take effect and be in force from and after its approval by the Governor.
Approved February 4, 1886.LAWS OF WASHINGTON
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AN ACT
To Authorize the Board of County Commissioners of Lewis County, Washington Territory, to Issue Bonds to Fund Its Outstanding Indebtedness.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That the board of county commissioners of Lewis county be, and they are hereby, authorized and empowered, in the name of said county, to borrow money in the manner and upon the conditions hereinafter set forth, not exceeding the sum of forty thousand dollars ($40,000), for the purpose of paying off and funding its existing and outstanding indebtedness.
Sec. 2. The said board of county commissioners shall, for the purpose of carrying the provisions of this act into effect, have power, and are hereby authorized and empowered in the name of said county to issue bonds, not exceeding the amount •>r forty thousand dollars ($40,000), in denominations of ont thousand dollars ($1,000) each, to bear interest at a rate not exceeding eight (8) per cent, per annum, payable annually by the treasurer of said county, and numbered respectively from one to forty, inclusive, and payable as follows, to-wit: Numbers 1 and 2 of said bonds payable in eleven (11) years after date thereof; numbers 3 and 4 of said bonds payable in twelve (12) years after date thereof; numbers 5 and 6 of said bonds payable in thirteen (13) years after date thereof; numbers 7 and 8 of said bonds payable in fourteen (14) years after date thereof; numbers 9 and 10 of said bonds payable in fifteen (15) years after date thereof; numbers 11 and 12 of said bonds payable in sixteen (16) years after date thereof; numbers 13 and 14 of said bonds payable in seventeen (17) years after date thereof; numbers 15 and 16 of said bonds payable in eighteen (18) years after date thereof; numbers 17 and 18 of said bonds payable in nineteen (19) year after date thereof; numbers 19 and 20 of said bonds payable in twenty (20) years after date thereof; numbers 21 and 22 of said bonds payable in twenty-one (21) years after date thereof; numbers 23 and 24 of said bonds payable in twenty-two (22) years after date thereof; numbers 25 and 26 of said bonds payable in twenty-three (23) years after date thereof; numbers 27 and 28 of said bonds payable in twenty-four (24) years after date thereof; numbers 29 and 30 of said bonds payable in tw’enty-five (25) years after date thereof; numbers 31 and 32 of said bonds payable in twenty-six (26) years after date thereof; numbers 33 and 34 of said bonds pay-398	LAWS OF WASHINGTON
able in twenty-seven (27) years after date thereof; numbers 35 and 36 of said bonds payable in twenty-eight (28) years after date thereof; numbers 37 and 38 of said bonds payable in twenty-nine (29) years after date thereof; numbers 39 and 40 of said bonds payable in thirty (30) years after date thereof: Provided, Said bonds may be redeemed by said county at any time after ten (10) years from the date thereof.
Sec. 3. The said board of county commissioners are hereby authorized and directed to levy and collect annually, at the same time and in the same manner as they levy and collect taxes for general Territorial and county purposes, a special tax upon all the taxable property of said county to pay the interest on said bonds by this act authorized to be issued, and after ten (10) years from the date of said bonds, they shall annually levy and collect a special tax on all the taxable property of said county, sufficient to pay all approved and accruing interest and the principal upon said bonds as they respectively mature, and so on in each and every year thereafter until the whole amount or principal of said bonds and the interest thereon shall have been paid and discharged according to the face and tenor thereof.
Sec. 4. Before issuing said bonds, the said board of county commissioners are hereby directed and empowered to submit to the qualified electors, of said county the proposition of the issuance by said board of county commissioners of said bonds for the purposes aforesaid, at a general election or at a special election to be called by them for that purpose. Before such general or special election, the proposition shall be published in a newspaper printed at the county seat of said county, at least once a week for four (4) successive weeks before the day designated for said submission; and printed notices of said proposition shall be posted in a public place in every voting precinct of said county at least twenty (20) days prior to said election. In case said proposition shall be submitted at any special election, to be held for that purpose, the said notices so posted and printed as aforesaid, shall designate a time and place where the said qualified electors may vote on said proposition. Said election in the manner of conducting the same, in the canvassing of the votes cast thereat and the returns of the same, shall be in compliance with the laws of this Territory governing elections for county officers. All persons desiring to vote on said proposition at said election, shall deposit a ballot in the ballot box, on which shall be written or printed the words “For the Bonds" or “Against the Bonds.” If upon the canvassing and return of said ballots, cast at said election, a majority of the ballots cast shall be found “For the Bonds,” the said board of county commissioners shall beLAWS OF WASHINGTON
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authorized to issue said bonds according to the provisions of this act, and not otherwise, provided the same shall not be sold for less than par.
Sec. 5. This act shall take effect from and after its passage and approval by the Governor and its satisfaction by the congress of the United States.
Approved February 4, 1886.RESOLUTIONS—SESSION OF 1885-6.
COUNCIL JOINT RESOLUTION NO. 1.
Authorizing the Governor to Employ Messenger.
Resolved by the Council, the House concurring, That the Governor be and he is hereby authorized to employ a messenger to attend upon the executive chamber during this session, with like compensation as is paid the messengers of the legislative assembly.
Approved December 23, 1886.
COUNCIL JOINT RESOLUTION NO. 2.
In Relation to Acts Passed and Providing for Their Tron smis-sion to the Secretary’s Office.
Be is resolved by the Council, the House concurring, That all acts passed at he tenth biennial session shall after their approval by the Governor, be returned to the body in which they originated, and shall be delivered to the Territorial secretary by the chief clerk of such house, and the clerk shall report his action to his respective body, giving the number of each act delivered by him to the secretary, which report shall be entered on the journal.
Approved December 23, 1886.
COUNCIL JOINT RESOLUTION NO. 3.
In Relation to Adjournment Over the Holidays.
Resolved by the Council, the House concurring, That when the two houses adjourn on Wednesday, the 23d inst., they adjourn to meet on Saturday, January 2d, 1886.
Approved December 23, 1886.402
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COUNCIL JOINT RESOLUTION NO. 4.
In Relation to Committee on Joint Mileage.
Be it resolved by the Council, the House concurring, That a joint committee of five members be appointed, two on the part of the council and three on the part of the house, for the purpose of ascertaining the number of miles traveled by each member.
Approved December 23, 1886.
COUNCIL JOINT RESOLUTION NO. 5.
In Relation to the Sergeant-at-Arms, Furnishing to Reporters Copies of Printed Bills and Other Courtesies.
Resolved by the Council, the House concurring, That the sergeants- at-arms of both houses be and they are hereby instructed to furnish to the several reporters of the various newspapers of the Territory such number of the printed bills of this legislative assembly as they may desire, not exceeding six in number of each bill, and to extend to them such other courtesies as is consistent with their office.
Approved January 20, 1886.
COUNCIL JOINT RESOLUTION NO. 6.
In Relation to Joint Committee on Roads and Highways.
Be it resolved by the Council, the House concurring, That a joint committee, consisting of the members of the committees on roads and highways in the council and house, be requested to present such a bill concerning roads and highways as they, in their judgment, may deem efficient or for the best interest of the Territory, and report upon the advisability of printing the same.
Passed January 20, 1886.LAWS OF WASHINGTON
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COUNCIL JOINT RESOLUTION NO. 9.
In Relation to Tendering Thanks to Abigal Scott Duniway. hereas, Abigal Scott Duniway has presented the legislative assembly of Washington Territory with a framed copy of her picture of the “Coronation of Womanhood,” therefore:
Be it resolved by the Council, the House concurring, That the thanks of this body be tendered to Abigal Scott Duniway for her appropriate gift; that it be'properly placed in the Territorial library and that the chief clerk be directed to forward to her a copy of this resolution.
Approved February 4, 1886.
HOUSE JOINT RESOLUTION NO. 7.
To Provide for the Distribution of the Code and Session Laws of Washington Territory to the Officers of Asotin County. Be it resolved by the House of Representatives of the Territory, the Council concurring, That the auditor of the Territory be and is directed to forward, per express, to the auditor of the county of Asotin twenty copies each of the Code of Washington Territory of 1881, the session laws of 1881 and the session laws of 1883, which shall be distributed by the auditor of said county, in accordance with the provisions of section two of “An act to provide for the distribution of the Code, sessions laws and journal,” approved November 28, 1883.
Approved December 17, 1885.
HOUSE JOINT RESOLUTION NO. 21.
Commending the Action of the Governor in Causing United States Troops to Be Called Out During the Recent AntiChinese Disturbances.
Whereas, The action of the Governor of this Territory, in causing United States troops to be sent to Seattle during the recent disturbances growing out of the intense feeling existing concerning the evils arising from the presence of Chinese in our Territory, has been the subject of much comment404
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in the public press, and among the people of this Territory, and
Whereas, Certain newspapers and certain citizens of the Territory have condemned the said action of the Governor, and
Whereas, After a full examination of the correspondence laid before the legislative assembly by the Governor in response to a resolution requesting the same, it appears to the legislative assembly, that said action taken by the Governor was wise and judicious and for the best interests of the Territory, therefore, be it
Resolved by the House, the Council concurring, That it is the opinion of the legislative assembly of Washington Territory that the action of the Governor of this Territory in causing United States troops to be called out as aforesaid, was wise and judicious action on his part, and was for the best interests of the Territory and was fully justified by the facts as they were represented to him to exist at that time.
Approved January 29, 1886.
HOUSE JOINT RESOLUTION NO. 22.
To Authorize the Governor to Appoint a Suitable Person to Represent the Territory as Agent in Washington, D. C., for the Collection of Claims, Etc.
Be it resolved by. the House of Representatives, the Council concurring, That the Governor be, and is hereby, authorized to appoint and commission a suitable person as agent representing the Territory of Washington in the collection of all claims that may be due or to become due the said Territory from the United States government, said agent to receive no compensation for his services rendered for the Territory other than a commission on all amounts collected for said Territory, and in no case shall the commissions exceed five per centum upon the amounts so collected and paid into the treasury of the Territory.
Approved January 29, 1886.SESSION ACTS OF 1883.
AN ACT
TO AMEND THE COMMON SCHOOL LAW OF THE TERRITORY OF WASHINGTON.
TITLE I.
Superintendent of Common Schools.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That a superintendent of public instruction shall be appointed by the Governor, by and with the advice and consent of the legislative council ,and shall enter upon the duties of his office on or before the first Monday in January next following his appointment, and shall hold his office for the term of two years or until his successor is appointed and qualified, and shall execute a bond in the penal sum of two thousand dollars, with two good and sufficient sureties to be approved by the Territorial auditor conditioned upon the faithful discharge of his or her official duties.
Sec. 2. The superintendent shall have general supervision of public instruction, especially of the county and district school officers and the public schools of the Territory, and shall report to the Governor biennially on or before the first day of September of the years in which the regular sessions of the legislature are held. The Governor shall transmit said report to the legislature, and whenever it is ordered printed, a sufficient number of copies shall be delivered to the superintendent of public instruction to furnish two copies, to be deposited in the territorial library, and one copy to each county superintendent of common schools, to be held by him as public property, and delivered to his successor in office, and one copy to each district school clerk within the territory. Said report shall contain a statement of the condition of the territorial university and public schools in the Territory, full statistical tables, by counties, showing among other statistics the num-406
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her of schools and the average attendance; the number attending private schools, the amount raised by county and district taxes, or from other sources of revenue for school purposes, the amount expended for salaries of teachers and for building and furnishing school houses, and the statement of the plans for the management and improvement of schools, together with such other facts as he may deem proper to collect for the information of the legislature.
Sec. 3. The superintendent of public instruction shall superintend the printing and transmitting of such blanks, forms, rules and regulations for the use and government of the public schools, school officers and teachers, as the board of education may authorize, together with questions prepared for the use of the county boards in the examination of teachers.
Sec. 4. It shall be the duty of the superintendent of public instruction to travel in the different counties of the Territory, where common schools are taught, so far as possible without neglecting his other official duties as superintendent of public instruction, during at least three months in each year, for the purpose of visiting schools, of consulting with county superintendents, and addressing public assemblies on subjects pertaining to public schools.
Sec. 5. The superintendent of public instruction shall keep his office at some place where there is a post-office, and he shall receive a salary of six hundred dollars per annum, which shall be paid quarterly out of the Territorial treasury. He shall also submit, quarterly, a statement of expenditures for traveling expenses, stationery, postage and other necessary expenses connected with his office, which shall be audited by the Territorial auditor, who shall issue a warrant on the Territorial treasurer for the payment of such amounts as shall be found to have been properly incurred: Provided, That said expenditures shall not exceed three hundred dollars in any one year.
Sec. 6. The superintendent of public instruction shall, at least once a year, hold a Territorial teachers’ institute, over which he shall preside, at such time and place as may be determined upon, either by the institute or Territorial board of education, which Territorial institute shall continue in session not less than five days, and he shall, so far as practicable, aid in establishing county institutes.
Sec. 7. The superintendent of public instruction shall be ex-officio president of the board of education.
Sec. 8. Before entering upon the discharge of the duties of his office the superintendent shall subscribe, before an officer duly authorized to administer oaths, the following: “ILAWS OF WASHINGTON
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do solmen ly swear (or affirm) that I will support the consti-tul wn ot the I nitedStates, the organic act of the Territory, and that I will faithfully discharge the duties of the office of territorial superintendent of schools according to law, and the best of my knowledge and ability; So help me God.” Which being duly attested, shall be filed with the Territorial auditor i • WeC’ Jhe suPer^ntendent shall, at the expiration of his term of office, deliver over, on demand, to his successor, all property, books, documents, maps, records, and other papers belonging to his office, or which may have been received bv him for the use of his office.
TITLE IL
Board of Education.
Sec. 10. The Governor shall appoint, by and with the ad-a ice and consent of the legislative council, one suitable person from each judicial district, who, together with the Territorial superintendent, shall constitute the Territorial board of education, who shall hold their offices for two years, from the first: Monday in January next following their appointment, they shall be notified of their appointment in the same manner as may be prescribed by law for giving notice to other Ter-ritorial officers, and within twenty davs after receiving such notice, shall qualify by taking a similar oath to that which is required bj this act to be administered to the superintendent of public instruction, which, being duly attested, shall be filed with the Territorial auditor. They shall serve until their successors are appointed and qualified.
Sec. 11. The meetings of the board shall be held annually, at Olympia, on the second Monday in July, and the board may hold such other meetings as they may deem necessarv for the transaction of the public business: Provided, That the aggregate expenses of the board shall not, by reason of such meetings, be made to exceed the sum appropriated to the use of the board.
Sec. 12. Said board shall have power—
First—To adopt or re-adopt at their regular meeting in July a uniform series of text books throughout the Territory, whenever they can secure an exchange of the books, at any time in use, for those of the same grade, or an exchange of those of a lower grade for those of the next higher grade without a greater average cost to the people than two-fifths of the contract retail price of the books in use at the time of the adoption; and enter into contracts with publishers for the supply of the same, to take effect on the first of the followino-408
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September, and the books so adopted shall not be changed within live years thereafter, unless the publishers of such adopted books shall cause the price agreed upon to be increased, or shall thereafter publish books of an inferior quality. Before making any adoption the board shall advertise for at least sixty days in one paper in each judicial district, of general circulation, that they will receive sealed proposals for the supply of text books to the people of the Territory. Said advertisement shall state the day and hour upon which such proposals shall cease to be received. It shall also name all the kinds of books for supply of which proposals are invited, and be signed by the president and secretary of the board, and that said proposals so advertised for shall state the price at which the books proposed shall be exchanged for the books in use at the time of making such proposal, and it shall state the wholesale price which shall be maintained in the Territory, and also the uniform retail price which shall be maintained in every county in the Territory during the time the books shall remain in use. Said proposals shall be marked “sealed proposal to furnish text books for the schools of Washington Territory,” and shall be addressed to the secretary of the board of education, and shall not be opened before the hour advertised, nor in the presence of less than three members of the board. Immediately upon the opening of bids, they shall be read in open board, and adoption of books and award of contract shall be made within ten days following. No books shall be adopted without a majority vote of the whole board: Provided, That nothing in this section shall be so construed as to compel the board to adopt or re-adopt any series of books for which no satisfactory proposals have been made. The publishers, awarded the contract by the board, shall guarantee all the terms of the proposal, on which it is made by a bond, with two or more sufficient sureties, for its faithful performance, and shall cover such a period as the books may remain in use. Said bond to be approved by the board.
Second—To prescribe rules for the general government of the public schools, that shall secure regularity of attendance, prevent truancy, secure efficiency and promote the true interests of the schools; they shall prepare, or cause to be prepared blank forms for the reports of teachers, directors, county superintendents and for other necessary purposes. The board shall have the general supervision of the Territorial normal school whenever the same shall be established by law.
Third—To use a common seal, and elect one of their own members secretary.
Fourth—To order all printing that may be necessary to carry into effect the provisions of this act.LAWS OF WASHINGTON	409
Fifth—To sit as a board of examination at their annual meetings and grant Territorial certificates and diplomas. Territorial certificates shall be granted only to such applicants as shall file with the board satisfactory evidence that they have taught successfully twenty-seven months, at least nine months of which shall have been in the public schools of this Territory. The applicant must also either pass a satisfactory examination in all the branches required by law to be taught in the public schools of this Territory, or file with the board certified copies of a diploma from some state normal school or a state or territorial certificate from some state or territory, the requirements to obtain which shall not have been less than those required by this act. Territorial certificates shall be valid for five years, and shall entitle the holder to teach in any public school in the Territory. They may be revoked at any time for cause deemed sufficient by the board, and may be renewed without re-examination. Life diplomas shall be granted only to such applicants as shall tile with the board satisfactory evidence that they have taught successfully for ten years, not less than one of which shall have been in the public schools of this Territory. In other respects the requirements shall be the same as those required for Territorial certificates; but life diplomas shall be valid during the life of the holder, unless revoked for cause deemed sufficient by the board, and shall entitle the holder to teach in any public school in the Territory. The fee for Territorial certificates shall be six dollars, and for life diplomas ten dollars. Said fees must be deposited with the application, and cannot be refunded to the applicant unless the application be withdrawn before it has been considered by the board. The fees collected shall be used for the payment of the incidental expenses of the board of education.
Sec. 13. It shall be the duty of the board of education to prepare, annually, a uniform series of questions to be used by the county board of examination in the examination of teachers of the Territory.
Sec. 14. All certificates granted by the board of education may be revoked for immoral or unprofessional conduct.
Sec. 15. All needed stationery for the use of, and any printing authorized by the board, as well as all necessary traveling expenses of the members of the board, incurred in going to or returning from the place of meeting, shall be paid out of the Territorial treasury, the accounts for the same to be presented by direction of the board, duly certified by the Territorial superintendent to the Territorial auditor, to be first audited and allowed by him and then certified to the Territorial treasurer for payment. Each member of the board shallLAWS OF WASHINGTON
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receive four dollars per day for the time actually employed in traveling to, attending on and returning from, the meetino-of the board: Provided, That the expenses of the whole board shall not exceed the sum of three hundred dollars in anv one year.
Sec. 16. Whenever any vacancy in the board shall occur, whether by death, resignation or otherwise, the Governor shall fill the vacancy by appointment. And all males and females over the age of twenty-one years shall be eligible to hold, or be elected to, any office under this act.
TITLE III.
County Superintendent.
V’ county superintendent of common schools shall be elected in each county of the Territory at each gen-ei<tl election, who shall take the office on the second Monday in January next succeeding his election, and hold for two years, or until his successor is elected and qualified. He shall take the oath or affirmation of office, and shall give an official bond to the county in a sum to be fixed by the board of co untv commissioners. The county commissioners of each county shall fill any vacancy that may occur in the office of county superintendent until the next general election.
Sec. 18. The county superintendent shall, on or before the first Monday in February and August of each year, apportion all school moneys to the school districts, in accordance with the provisions of this act. He shall certify to the several districts clerks and to the county treasurer the amounts so apportioned to the several districts; and the directors shall draw their warrants on the county treasurer in favor of persons entitled to receive the same. Such warrants shall show for what purpose the money is required.
Sec. 19. Each county superintendent shall have the power and it shall be his duty—
First—To visit each school in his county once a year.
Second—To distribute promptly all reports, laws, forms, circulars and instructions which he may receive for the use of the schools and teachers.
Thiid Io report to the superintendent of public instruction, annually, on the first day of August, for the school year ending June thirtieth, next preceding, giving the number of children of school age, the number of school houses, the num-bei of school districts, the amount of money apportioned each year, the amount paid to teachers, the amount paid for school muses and furniture, and any other matter of interest con-LAWS OF WASHINGTON
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netted with schools, or with the conduct and management of schools.
Fourth—To enforce the course of studies adopted bv the board of education.
Fifth—To enforce the rules and regulations required in the examination of teachers.
Sixth—To keep on file, and preserve in his office the biennial report of the superintendent of public instruction.
Seventh—To keep in a good and well bound book, to be furnished by the county commissioners, a record of his official acts.
Eighth—To carefully preserve all reports of school officers and teachers, and at he close of his term of office deliver to his successor all records, books, documents and papers belonging to the office, taking a receipt for the same which shall be filed in the office of the county auditor.
Sec. 20. If the county superintendent fails to make a full and correct report to the superintendent of public instruction, of all statements required to be made by law, he shall forfeit the sum of fifty dollars from his salary, and the board of county commissioners are hereby authorized to and required to deduct therefrom the sum aforesaid, upon information from the superintendent of public instruction that such reports have not been made.
Sec. 21. the county superintendent shall have power to administer oaths and affirmations to school directors, teachers and other persons, in all official matters connected with or relating to schools, but shall not make or collect any charge or fee for so doing, and shall be eligible to teach anv school in the county in which he is selected to hold office.
Sec. 22. The county superintendent shall have power and it shall be his duty to appoint directors and district clerk for any district which, from any cause, fails to elect at the regular time; to appoint directors and district clerks to fill vacancies, to appoint directors and district clerks for any new districts; Provided, however, That when any new district is organized such of the directors and district clerk of the old district as reside within the limits of the new one, shall be directors and district clerk of the new one, and the vacancies in the old district shall be filled by appointment; that the county superintendent shall have power to call a school meeting at the request of a majority of the legal voters, when in his opinion the interests of education require it: Provided. That said request for such school meeting be first laid before the directors of the district, and action be thereon refused by them.
. Sec. 23. It shall be the duty of the county superintendent to inquire and ascertain whether the boundaries of school412
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districts in his county are definitely and plainly described in the records of the county commissioners, and if such boundaries are not plainly described on such records, then it shall be his duty to furnish to said board of county commissioners, accurate boundaries of all school districts; and he shall keep in his office a full and correct transcript of such boundaries. In case the boundaries of districts are conflicting or incorrectly described, he shall change, harmonize and describe them, and make a report of said actions to the county commissioners; and on being ratified by the county commissioners the boundaries and description so made shall be legal boundaries and descriptions of the district of the county. The county superintendent shall furnish the district clerks with descriptions of the boundaries of their respective districts.
Sec. 24. Every school superintendent shall receive a salary of one hundred dollars per annum, and when the number of scholars shall exceed five hundred, then he shall receive the sum of five dollars for each additional one hundred scholars and three dollars for each school visited once during the year, together with mileage at the rate of ten cents per mile for going to and returning from said school, to be paid quaretrly in the same manner as the salaries of other county officers upon his certifying to the county commissioners that he has actually discharged the duties required.
Sec. 25. Each county superintendent shall call to his assistance two persons holding the highest grade certificates in his county, and such persons, with the county superintendent, shall constitute a board for the examination of teachers. It shall be the duty of the county board of examination to be at the county seat on the second Wednesday of February and August, for the purpose of examining teachers; the superintendent shall give ten days’ notice of the same by posting up hand bills or otherwise; the superintendent shall also, at such time and place, transact such other business as properly appertains to his office. And any person or district applying on different days for the transaction of such business, shall pay the superintendent a reasonable compensation for his trouble, not exceeding the sum of two dollars. A proper allowance shall be made out of the county treasury for the necessary books, stationery and postage for the county superintendent’s office: Provided, That such persons called to the assistance of the county superintendent shall receive three dollars per day for the time actually employed, and mileage at the rate of ten cents per mile.
Sec. 26. There shall be three grades of county certificates, first, second and third. Unless revoked for causes, first grade certificates shall entitle the holder to teach for three years;LAWS OF WASHINGTON
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second grade for two years and third grade for one year. No hist certificate shall be granted until the applicant shall have filed with the county superintendent satisfactory written evidence of having taught successfully one year. Boards of examination may in their discretion issue certificates without ex-aminatmn upon deposit of certified copies of other certificates ot like grade, issued in this or any other state or territory, those holding first grade county certificates, and who shall have been actually engaged in teaching for three years, shall be eligible to examination for first grade Territorial certificates: Provided, That the county superintendent may grant permits to such persons who may desire to teach in his county, who were not residents of the county, or who were unavoidably absent from the meeting of the county board of examination, and all permits so granted shall be good until the next meeting of the board: Provided, That any teacher holding a certificate in force and effect granted by any county board of education in this Territory shall be entitled to exercise all of the duties of teacher in any county of this Territory upon presenting said certificate to the county superintendent of the county in m hich said certificate is desired to be used, whose duty it shall be to endorse it, and said certificate shall be in full force and until the next meeting of the county board of education.
TITLE IV.
School Directors.
Sec. 27. For the purpose of organizing a new district, or tor the sub-division of, or change of the boundaries of an old one, except as provided in section twenty-three, at least five heads of families must present a petition to the county superintendent, setting forth the boundaries of the new district asked for, or the change of the boundaries desired, with the reason for the same. The county superintendent shall, after giving notice to parties interested by posting notics, twenty days, in three of the most public places of the districts affected by said change, on the day fixed in said notice, proceed to hear and de-termine said petition, and make an order fixing said boundaries.
Sec. 28. No new district formed by the sub-division of an old one shall be entitled to any share of the public money belonging to the old district, until a school has actuallv commenced by such new district; and unless within eight months from the action of the county commissioners, a school is opened. the action making a new district shall be void, and all elections or appointments of directors made in consequence414
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of such action, and all rights and office of the parties so elected or appointed, shall cease and determine; and all taxes which may have been levied in such old district, shall be valid and binding upon the real and personal property of new districts, and shall be collected and paid into the school fund of the district.
Sec. 29. When a new district is formed, by the division of an old one, it shall be entitled to a just share of the school moneys to the credit of the old district, after the payment of all outstanding debts at the time when school was acually commenced in such new district, and the county superintendent shall divide and apportion such remaining moneys, and such as may afterwards be apportioned, to the old district according to the number of school children resident in each district, for which purpose he may order a census to be taken.
Sec. 30. Whenever a district is formed, lying in two adjoining counties, the clerk of the district shall report to each county superintendent the number of children in the district residing in his county. In the same manner the directors and teachers shall make a distinct and separate report of all school statistics, and a teacher’s certificate granted by the county superintendent of one county, shall be valid for both.
Sec. 31. No school district shall be entitled to receive any apportionment of county school moneys unless the teachers employed in the schools of such district shall hold legal certificates of fitness for the occupation of teaching, in full force and effect.
Sec. 32. No school districts shall be entitled to receive any apportionment of county school moneys which shall not have maintained public school for at least three months during the preceding year: Provided, That any new district formed by the division of an old one shall be entitled to its just share of school moneys when the time that school was maintained in the old district before division, and in the new one after division, shall be equal to at least three months.
Sec. 33. Districts having less than fifteen scholars between the ages of six and twenty-one years, shall be exempted from the requirements of the preceding section and may, by organizing and reporting to the superintendent according to law, draw their school money, without being required to comply with the provisions of the school law any further than the said organization, necessary report and regular enumeration of children are concerned; and in such district two legal voters shall constitute a quorum to do business: Provided, That no warrant shall be drawn on the county treasurer for any money except for the payment of teachers, and if no school be kept in such district during the period of two years, for atLAWS OF WASHINGTON
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least three months, the money so apportioned to the shall revert to the general school fund of the county.
title’ V.
district
School Directors.
i 'U' The board of directors of each school shall have custody of all school property belonging to
district
■	~	r—r—'-j	lv the dis-
tnct, and shall have power, in the name of the district or in their own names as directors of the district, to convey bv deed all the interest of their district in or to any school house or lot diiected to be sold by vote of the district, and all conveyances of real estate made to the district, or to the directors thereof, shall be made to the board of directors of the district and to their successors in office; said board in the name of the district shall have power to transact all business necessary for maintaining schools and protecting the rights of the district
i '35. An annual school meeting for the election of school directors and district clerk shall be held in each dis-tnct on the first Saturday in November of each year, at the district school house, if there be one and if there be none at a place to be designated by the board of directors. The directors shall post written or printed notices thereof, specifying the day. time and place of meeting. All elections shall be bv ballot, and the directors shall have power to determine the house in which the ballot box shall be kept open, having oiven due notice thereof in the posted notices of election. Every inhabitant. male or female, over the age of twenty-one years who shall have resided in the school district for three months immediately preceding any district meeting, and who shall have paid, or be liable to pay any tax, except poll or road tax in said district, shall be a legal voter at any school meeting and no other person shall be allowed to vote; any person offering to vote may be challenged by any legally qualified elector of the district, and the chairman of the board of directors shall thereupon administer to the person challenged an oath, in substance as follows: “You do swear (or affirm) that you are a citizen of the I nited States, or have declared your intention to be come such; that you are twenty-one years of age according to the best of your information and belief; that you have resided in this district ninety days next preceding the election, and that you are a taxable resident of this school district, exclusive of road or poll tax, and that you have not before voted this day.” If he shall refuse to take the oath his vote shall be rejected. Any person guilty of illegal voting, shall be punished as provided in the general election law of416
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the Territory. The directors shall be the judges and inspectors of the election, and if they are not present at the time of opening the polls, then the electors present may appoint the officers of the election; a poll and tally list shall be kept by the clerk of the board of directors; and with the exceptions mentioned in this section, the elections shall be conducted as far as practicable in the form and manner of the general election. Anyone of the old directors shall have power to administer to any director-elect the oath of office, and the clerk of the election shall issue the certificate of election to any director-elect, who shall forward it, with the oath attached or endorsed thereon, to the county superintendent of public schools.
Sec. 36. In all organized districts in which elections have been previously held one director shall be elected for the term of three years, and if any vacancies are to be filled, a sufficient number to fill them for the unexpired term; and the ballot shall specify the respective terms for which each director is to be elected. In new districts, acting under directors appointed by the county superintendent, three directors shall be elected for one, twro and three years respectively; directorselect shall take office immediately after qualifying and shall hold office until their successors are elected and qualified; any director-elect, who shall fail to qualify within ten days after being elected, shall forfeit all right to the office and the county superintendent shall appoint to fill the vacancy until the next annual school meeting.
Sec. 37. Whenever a newT district is formed by order of the board of county commissioners, w ithin thirty days thereafter, a special school meeting may be called by notice of any three legal voters of said district, and such meeting shall be conducted in a manner and form prescribed in this act, for the annual school meeting for the election of directors. Such new district shall be considered organized whenever two of the directors shall have qualified and the record of the district clerk shall be prima facie evidence of the legal organization of the district, and the district shall be designated by number.
Sec. 38. Every board of directors, unless otherwise specially provided by law, shall have pow er and it. shall be their duty:
First—To employ and for sufficient cause dismiss teachers, mechanics and laborers; and to fix, alter, allow and order paid their salaries and compensation.
Second—To enforce the rules and general regulations of the Territorial board of education for the government of
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schools, pupils and teachers, and to enforce the course of studies adopted by the board of education.
Third To provide and pay for school furniture and apparatus and such other articles, materials and supplies, as may be necessary for the use of the school board.
Fourth—To suspend or expel pupils from school and in cities or towns to exclude from school all pupils under six years of age.
Fifth—To rent, repair and furnish school houses.
Sixth—To build or remove school houses, purchase and sell school lots when the directors are directed bv a vote of the district so to do.
Seventh—To purchase real and personal propertv in the name of the district, and to receive, lease and hold for their district any or all real or personal property.
Eighth—To provide books for indigent children on the written statement of the teacher that the parents of such children are unable to purchase them.
Ninth—To require all pupils to be furnished with such books, as may have been adopted by the Territorial board of education, as a condition to membership to the school.
Tenth—To exclude from school and from school libraries all books, papers, tracts, or catechisms of an infidel, sectarian or partisan character.
Sec. 39. Any board of directors shall be liable as directors in the name of the district for any judgment against the district for any salary due any teacher and for any debts legally due, contracted under the provisions of this act, and they shall pay such judgment or liability out of the school funds only, to the credit of the district. *
Sec. 40. Any board of directors shall have power to make arrangements with the directors of an adjoining district for the attendance of such children in the school of either district as may be best accommmodated therein, and to transfer the school money due by apportionment to such children to the district in which they may attend school.
TITLE VI.
School Clerks.
Sec. 41. It shall be the duty of the district clerk to record all proceedings of the annual meetings or special school meetings, and to keep accurate and detailed accounts of all receipts and expenditures of school money. At each annual school meeting the district clerk must present his record book for public inspection, and shall make a statement of the finan-418	LAWS OF WASHINGTON
cial condition of the district, and of the action of the directors; and such record must always be open for public inspection.
Sec. 42. It shall be the duty of the district clerk to take, annually, between the tenth and thirtieth of June each year, an exact census of all children and youth between the ages of six and twenty-one years of age, residing in the district, and shall specify the number and sex of such children, and the names of their parents or guardians. He shall state, specifically and separately, a census of all children under four years of age, and shall specify the number and sex of such children; but all children who may be absent from home, attending boarding school or any public or private schools or seminaries of learning, shall not be included by the school district clerk in the census list of the city, town, or district where they may be attending such private institutions of learning. He shall make a full report thereon, on blanks furnished for that purpose, under oath, to the county superintendent, on or before the first day of July thereafter, and deliver a copy to the school directors.
Sec. 43. The clerk of each district shall provide all school supplies authorized by this act, and shall keep the school house in repair and shall keep an accurate record of all expenses incurred by him on account of the school, which account shall be audited by a majority of the board of directors and paid out of the district school fund.
Sec. 44. It shall be the duty of every district clerk to report to the county superintendent, at the beginning of each term, the name of the teacher and the proposed length of the term, and supply the teacher with a school register.
TITLE VII.
District Meetings.
Sec. 45. District school meetings, annual or special, shall be held at such time as may be designated in the notice therefor, and in all districts the polls shall be kept open at least two hours: Provided, That the polls shall in no case be opened before 9 o’clock a. m., nor be kept open later than 8 o'clock p. m.
TITLE VIII.
Teachers.
Sec. 46. Every teacher employed in any public schoolLAWS OF WASHINGTON
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shall make a report to the county superintendent, at the close of any school, in the form and manner and on the blanks prescribed by the board of education. A duplicate of said report shall be furnished to the district clerk. Anv teacher who shall end any school term before the close of the school year, shall make a report to the county superintendent immediately after the close of such term; and any teacher who may be teaching any school at the close of the school year shall, in his or her annual report, include all statistics from the school register for the entire school year, notwithstanding any previous report for a part of the year. No board of directors shall draw any order or warrant, for the salary of any teacher for the last month of his or her services, until the reports herein required shall have been made and received.
Sec. 47. Every teacher shall keep a school register, in the manner provided therefor, and no board of directors shall draw any warrant for the salary of any teacher for the last month of his or her services in school, at the end of any term or year, until they shall have received a certificate from the district clerk that the said register has been properly kept, the summaries made and statistics entered, or until, by personal examination, they shall have satisfied themselves that it has been done. Teachers shall faithfully enforce in school the course of study and regulations prescribed by law, and if any teacher shall willfully refuse or neglect to comply with such regulations, then the board of directors shall be authorized to withhold any warrant for salary due, until such teacher shall comply therewith. No teacher shall be entitled to draw for salary on school moneys unless such teacher shall be employed by a majority of the directors, nor unless the holder of a legal teacher’s certificate or permit in full force and effect.
Sec. 48. In every contract, whether written or verbal, between any teacher and board of directors, a school month shall be construed to be twenty school days, or four weeks of five days each, and no teacher shall be required to teach school on Saturdays, the first day of January, Christmas day, the Fourth of July, or any other legal holiday, and no deduction from the teacher’s time or salary shall be made by reason of the fact that a school day happens to be one of the days referred to in this section as a day on which school shall not be taught.
Sec. 49. Every teacher shall have power to hold every pupil to a strict accountability in school for any disorderly conduct on the way to or from school, or on the grounds of the school, or during intermission or recess; to suspend from school any pupil for good cause: Provided, That such sus-420
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pension shall be reported to the directors as soon as practicable, and their decision shall be final.
Sec. 50. It shall be the duty of all teachers to endeavor to impress on the minds of the pupils the principles of morality, truth, justice and patriotism; to teach them to avoid idleness, profanity, and falsehood, and to instruct them in the principles of free government, and to train them up to a true comprehension of the rights, duties and dignity of American citizenship.
TITLE IX.
Schools.
Sec. 51. Every school, not otherwise provided for by special law, shall be open for the admission of all between the age of six and twenty-one years residing in that school district and the board of directors shall have power to admit adults and children not residing in the district.
Sec. 52. All schools shall be taught in the English language, and instruction shall be given in the following branches, viz: Reading, writing, orthography, arithmetic, geography, English grammar, physiology and history of the United States. Attention shall be given during the entire course to the cultivation of manners, morals, to the laws of health, physical exercise, ventilation and temperature of the school room.
Sec. 53. No books, tracts, papers, catechisms or other publications of a partisan, or denominational character shall be used or distributed in any school; neither shall any political, sectarian, denominational or infidel doctrine be taught therein; any teacher who shall violate these provisions shall forfeit his permit or certificate for the period of one year.
Sec. 54. The school days shall be six hours in length, exclusive of any intermission at noon, but any board of directors may fix as the school day a less number of hours than six: Provided, That it be not less than four for any primary school under their charge, and any teacher may dismiss any or all scholars under eight years of age, after an attendance of four hours a day. exclusive of an intermission at noon. No teacher or scholar shall be permitted to attend school from any house in which small-pox, varioloid, scarlet fever, diphtheria, or any other contagious or loathsome disease is prevalent. No teacher or scholar shall be permitted to return to school from any house where the above mentioned diseases or any of them have prevailed until three weeks shall have elapsed from the beginning of convalescence of the patient. InLAWS OF WASHINGTON
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case several individuals have been affected with such disease within the same house, the period of time must be reckoned from the beginning of convalescence of the last case.
Sec. 55. All pupils, who may attend public schools, shall comply with the regulations established in pursuance of the law for the government of such schools, shall pursue the required course of study, and shall submit to the authority of the teachers of such schools. Continued and willful disobedience and open defiance of authority of the teachers shall constitute good cause for expulsion from school. Any person who shall in any way cut, deface or otherwise injure any school house, furniture, fence or out building thereof shall be liable to suspension and punishment, and the parents or guardian of such pupil shall be liable for damage on complaint of the teacher or any director.
Sec. 56. The school year shall begin on the first day of July and end on the last day of June.
TITLE X.
Support of Schools.
Sec. 57. The principal of all moneys accruing to the Territory from the sale of any lands, which have been, or which may hereafter be given by congress of the United States for school purposes, shall constitute an irreducible fund, the interest accruing from which shall be annually divided among all the school districts of the Territory, proportionately to the number of children in each between the ages of six and twenty-one years for the support of common schools and for no other purpose whatever.
Sec. 58. For the purpose of establishing and maintaining public schools, it shall be the duty of the county commissioners of each county to levy an annual tax, not less than two and not more than six mills on the dollar, on all taxable property within their respective counties, as shown by the assessment roll made by the county assessor for the same year, and to include the same in their warrant to the collector, and the said collector shall proceed to collect said tax in the same manner as the other taxes are collected, and the said money so collected shall be paid over to the county treasurer, to be drawn in the manner prescribed in this act. For the support of the common schools there shall be set apart by the county treasurer, all moneys paid into the county treasury, arising from fines for a breach of any law regulating license for the sale of intoxicating liquors, or for keeping of bowling alleys, or billiard saloons or of any penal laws of the Territorv.422
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Sec. 59. It shall be the duty of the auditors of the several counties of the Territory to make a report to the county superintendent of common schools within the counties, the first Monday in July of each year, of the school tax levied, and the assessed valuation of their counties for that year, and it shall be the duty of the clerk of the district court at the close of every term thereof, to report to the county superintendent of the county in which said term shall have been holden, whether or not any fines, and if any, what, with the date of which the same were paid to the county treasurer, and all officers mentioned in this act, who shall fail or neglect to perform any of the duties required by this act, shall be deemed guilty of a misdemeanor ,and upon conviction before any court having competent jurisdiction, shall be fined in any sum not less than twenty dollars and not more than one hundred dollars for each neglect and such fines shall be paid into the county treasury for the benefit of common schools in said county.
TITLE XI.
Union or Graded Schools.
Sec. 60. Whenever the inhabitants of two or more school districts may wish to unite for the purpose of establishing a graded school, the clerks of said districts shall, upon a written application of five voters of their respective districts, call a meeting of the voters of such districts at some convenient place by posting up written notices in like manner as provided for calling district meetings, and if a majority of the voters of each of such districts shall vote to unite for the purpose herein stated, they shall at that meeting, or at any adjourned meeting, elect three directors and a clerk for such a union district. Single districts containing two hundred or more children, entitled to draw public money, may, in like manner, organize a graded school district.
Sec. 61. The board of directors provided for in the preceding section shall, in all matters relating to graded schools, possess all the power, discharge all the duties and be governed by the laws herein provided for district directors, and they shall be elected in the same manner as provided in a preceding section.
Sec. 62. The union district thus formed shall be entitled to an equitable share of the school fund, to be drawn from the county treasury in proportion to the number of children attending such graded schools for each district.LAWS OF WASHINGTON
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TITLE NIL
Graded Schools in Incorporated Cities or Towns. ;
ritorv^Vn'h ??at ^^^Parted city or town in this Ter-i ? co^P^sed in one school district and under one board of school directors, and in all such cities or towns where the enumeration of school children entitled to draw school money is three hundred or more, the directors shall 3e required to adopt the graded system of teaching in their rnnd 8' / r<n,lded’ Tliat nothing in this section shall be so constiued as to prevent the extension of such city or town districts a reasonable distance outside the limits of such incorporated city or town: And, provided further, That the schools of such cities and towns may be graded in such manner as the directors thereof may deem best suited to the wants of such districts. But no other language than the English Latin and mathematics higher than algebra, shall be taught in such graded schools.
Sec. 64. The directors of incorporated city or town districts may, in their discretion, elect one city or town school superintendent in each district, who may be a teacher of the district, and who shall have the control or management of all the schools in his district, subject to the concurrence of the board of directors.
Sec. 65. It shall be the duty of the city or town superintendent to visit all the common schools in his district as often as twice in every month during the school terms, and to see that all requirements of the school law and the board of directors are enforced.
Sec. 66. The directors of any school district, composed of any incorporated city or town, shall when in their opinion it is necessary, levy a special tax of not exceeding ten mills in any one year, for the purpose of building school houses or purchasing school sites, which tax shall be levied and collected as provided in the general school law: Provided, That no special school tax shall be levied or assessed in any district until the same shall have been submitted to the qualified voters of such district as required by law. and a majority of the votes cast shall be in favor of such tax.
Sec. 67. The directors of such district may also have power to levy a special tax of not exceeding five mills in anv one year for tuition purposes in their district as provided bv law: Provided. That such tax shall be levied in accordance with the provisions of section 66 of this title.
Sec. 6S. When two or more school districts in any town or city are united by the provision of this act, all the direc-424	LAWS OF WASHINGTON
tors of the district so united shall act as directors of the said new district, and shall have all the powers and authority conferred by the laws of this Territory upon school directors, and they may designate the person to act as clerk of said district until the next annual school meeting in said district, at which time there shall be three directors and one clerk elected for said district in the manner provided by law, who shall hold their respective offices as provided for officers of new districts.
Sec. 69. Districts thus formed shall be entitled to their full share of public school fund moneys, to be drawn from the county treasury in proportion to the school enumeration of such districts.
Sec. 70. Directors failing to organize their districts as herein provided, within one hundred and twenty days after the passage of this act, shall be deemed guilty of a misdemeanor and fined in a sum not exceeding five hundred dollars, provided they are supplied with sufficient money to organize the same.
TITLE XIII.
School Officers.
Sec. 71. When any school, officer or teacher is superseded by election or otherwise, he shall immediately deliver to his successor in office, all books, papers and moneys pertaining to his office, and every such officer who shall refuse to do so, or who shall willfully mutilate or destroy any such books or papers, or any part thereof, or who shall misapply any moneys, entrusted to him by virtue of his office, shgll be deemed guilty of a misdemeanor and shall be punished by a fine in the discretion of the court, not to exceed one hundred dollars.
Sec. 72. Every person elected or appointed to any office mentioned in this act, shall, before entering upon the discharge of the duties thereof, take an oath to support the constitution of the (nited States, the organic act of the Territory, and to promote the interests of education, and faithfully discharge the duties of his office according to the best of his ability. In case any officer has a written appointment or commission, his oath shall be endorsed thereon, and sworn to before any officer authorized to administer oaths. School officers are hereby authorized to administer all oaths appertaining to their respective offices, without charge or fee.
Sec. 73. No school director or other school officer shall be directly or indirectly interested in any contract that mayLAWS OF WASHINGTON
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be made by a board of which he is a member. Any contract, made in violation of this provision, shall be null and void.
Sec. 74. All fines and penalties not otherwise provided for in this act, shall be collected by an action in any court of competent jurisdiction, and shall be paid into the school fund immediately after collection.
Sec. 75. Any parent, guardian or other person, who shall upbraid, insult or abuse any teacher in the presence of the school shall be deemed guilty of a misdemeanor, and liable to a fine of not less than ten dollars nor more than one hundred dollars.
Sec. 76. Any person who shall willfully disturb any public school or any public school meeting, shall be guilty of a misdemeanor and liable to a fine of not less than ten dollars nor more than one hundred dollars.
Sec. 77. In case any district clerk shall fail to take the census provided for in this act at the proper time, and if, through such neglect, the district shall fail to receive its apportionment of school moneys, said district clerk shall be individually liable to the district for the full amount so lost, and it may be recovered in a suit brought by any citizen of such district in the name of, and for the benefit of such district.
Sec. 78. All cases of disputes in relation to school matters, not properly belonging to courts of justice, may be referred first to the county school superintendent, and appealed to the Territorial superintendent, whose decision shall be final.
TITLE XIV.
Teachers’ Institutes.
Sec. 79. Each superintendent of the common schools of any county in this Territory, containing five hundred census children, shall hold once a year, a county institute, of not less than three days, at which instruction shall be given in the best method of teaching the branches required by law to be taught in the public schools, and the county commissioners may appropriate for the expenses of the institute, a sum not exceeding one hundred dollars annually; counties having less than five hundred census children may, at the option of the county superintendent, unite with any neighboring county for the purpose of holding an institute. All teachers in the county, where the institute is held, shall be re-quired to attend such institute during its full time; but a strict record shall be kept of the attendance, absence or tardiness at each day's session of the institute, and the county426
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superintendent shall, at the close of the institute, transmit the record of any teacher to the clerk of the district where said teacher may be at the time employed; and said teacher so absenting himself shall forfeit one dollar for each day’s absence.
TITLE XV.
Special Taxes.
Sec. 80. The board of directors of any district may, when in their judgment it is advisable, submit to the qualified school electors of the district, the question whether a tax shall be raised to furnish additional school facilities for said district, or for building one or more school houses, or for removing, or building additions to one already built, or for the purchase of globes, maps, charts, books of reference and other appliances or apparatus for teaching, or for any or all of these purposes. Such election shall be called by posting notices in three public places in the district, for at least twenty days. Said notice shall contain the time of and place of holding the election, the amount of money proposed to be raised, and the purpose or purposes for which it is intended to be used. The directors shall act as judges to conduct the election, and it shall be, in all other respects, as nearly as practicable, in conformity with the general election law. At such elections the ballots shall contain the words “Tax, yes,” or “Tax, no.” If the majority of votes cast are “Tax, yes,” the officers of the election shall certify the fact to the district clerk, who shall at once proceed to copy from the assessment roll of the lists of property liable to taxation, situated in, or owned by residents of the district, and shall deliver the same to the board of directors, who may allow him a reasonable compensation therefor, out of the proceeds of said tax; said compensation not to be more than four dollars per day: Provided, That in all districts, including incorporated towns and cities, the district clerk shall copy the list of property within the corporate limits from the town or city assessment roll, and the property within the district, but outside the corporate limits, from the county assessment roll: Provided, That in the above mentioned district including incorporated towns or cities, the directors shall certify the same to the district clerk, who shall extend the same on the roll prepared by him, and the rate ascertained shall be and is hereby levied and assessed to, on or against the persons or property named or described in said roll, and it shall be a lien on all such propertv until the tax is paid. The clerk shall publish for three sue-LAWS OF WASHINGTON
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cessne weeks in some newspaper published in said district, 01 it there be none, then in some newspaper published nearest thereto, a notice that said special tax roll is now in his hands and that the taxes are due thereon and the said taxes it not paid within sixty days from and after the first day of publication of such notice, shall be declared delinquent and shall be recovered by suit in the same manner and with the same costs as other delinquent taxes in said town or city. The district clerk shall follow the same procedure in the collection of taxes, advertising, sale and deeding of propertv sold lor delinquent taxes as that prescribed for similar duties in the delinquent taxes of said county and shall be allowed the same fees therefor. The directors shall, upon receiving the roll, deduct ten per centum therefrom for anticipated delinquencies, and dividing the sum voted together with the estimated cost of assessing and collecting added thereto by the remainder of the roll, ascertain the rate per cent.’ required, and the rate so ascertained (using the full per cent on each one hundred dollars instead of the fraction) shall be, and is hereby levied and assessed to, on or against the persons or property named or described in said roll, and it shall be a lien on all such property until the tax is paid, and the said Tax^ if not paid within the time limited by the next section for its payment, shall be recovered by suit in the same manner, and with the same costs, as delinquent Territorial and county taxes: Provided, further, That not more than two meetings shall be held in any one year under the provisions of this section.
Sec. 81. As soon as the rate of taxation has been determined. as provided in the last preceding section, the directors shall certify the same to the county auditor, who shall extend the same upon the general assessment roll of the county and certify the same to the county treasurer who shall proceed to collect the tax in the same manner and at the same time and with the same power and authority to enforce payment of the same as in the case of county and Territorial taxes. The county treasurer shall place any tax so collected to the credit of the district to which it belongs, and shall receive as compensation for collecting the same such sum not more than two per cent, of the tax collected, as may be allowed by the county commissioners such compensation to be paid from the amount of said district tax, so collected: Provided, That such commission shall not be paid when a county treasurer receives a salary in lieu of commissions.
Sec. 82. All school moneys apportioned by county superintendents of common schools shall be apportioned to the several districts in proportion to the number of school chil-428
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dren between four and twenty-one years of age, as shown by the returns of the district clerk for the preceding year: Provided, That Indian children, who are not living under the guardianship of white persons or American citizens, shall not be included in the apportionment list, excepting those whose parents have severed their tribal relations or own real estate in the district subject to taxation.
TITLE XVI.
County Treasurer.
Sec. 83. It shall be the duty of the county treasurer of each county, first to receive and hold all school moneys, as a special deposit, and to keep a separate account of their disbursements to the school districts, which shall be entitled to receive them according to the apportionment of the county superintendent of common schools. Second, To notify the county superintendent of common schools of the amount of county school fund in the county treasury whenever required, and to inform said superintendent of the amount of school money belonging to any other fund subject to apportionment. Third, to pay the amount of county school tax levied and such other moneys paid into the school fund on the warrants of directors whenever such warrants are countersigned by the district clerk and properly endorsed by the holders. Fourth, to make, annually, on the first of August of each year, a financial report, for the last preceding school and fiscal year ending with June 30th, to the county superintendent of common schools in such form as may be required by law.
TITLE XVII.
Miscellaneous.
Sec. 84. V henever the word he or his occurs in this act referring to either superintendents, directors or teachers, it shall be understood to mean also she or her.
Sec. 85. Any series of text books adopted by the board of education shall remain in use not less than five years.
Sec. 8G. Any teacher who shall maltreat or abuse any pupil by administering any undue or severe punishment, shall be deemed guilty of a misdemeanor, and upon conviction thereof, before any court of competent jurisdiction, shall be fined in any sum not exceeding one hundred dollars.
Sec. 87. All applicants for certificates shall be examined in reading, writing, orthography, arithmetic, geography,LAWS OF WASHINGTON
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English grammar, physiology, history of the United States, school law of the Territory and theory and practice of teach-ing.
Sec. 88. All school districts in the Territory shall maintain schools during at least three months in each school year. All graded school districts not in incorporated towns and cities shall maintain school at least six months, and all graded districts in incorporated towns and cities shall maintain school at least six months, and no district which has been organized more than one year shall receive any portion of the school fund which has not during the school year, next preceding, complied with the provisions of this section.
Sec. 89. All guardians and other persons in this Territory having, or who may hereafter have, the immediate custody of any child or children between the ages of eight and eighteen years, shall send the same to school at least three months in each year, said child or children may remain under their supervision: Provided, That if the person having the custody of said child shall not be able to pay for its education as provided in this section, and shall satisfy the directors of that fact, such child shall be admitted free of cost.
Sec. 90. All time lost to any child in consequence of a school not being taught the required length of time, or from any other good reason, shall be made up the ensuing year, or as soon as such disability is removed and a school is taught a sufficient time in their district to allow of such amend.
Sec. 91. In all cases where any person having the custody of any child shall fail to send said child to school the required length of time, provided that an opportunity has offered, and no good reason can be shown for the failure, then said person shall pay to the district clerk of his school district, on the presentation of a warrant from the school directors, the sum of one hundred dollars, to be incorporated into the school fund and used for school purposes in said district; but the county commissioners shall have power to remit fines arising by virtue of this act, when in their opinion justice demands a remission.
Sec. 92. It shall be the duty of the directors of schools to examine the school schedules and make out and present to the clerk of the district, on or soon after the first day of November of each year, warrants for all money forfeited under this act for the year ending on the day above mentioned, and the time for collection specified in said warrants shall not extend beyond the first day of January of the succeeding year.
Sec. 93. Clerks of school districts shall have the same power to collect percentage for collecting money accruing un-430
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der this act, that they already have for collecting other school money; and they shall report to the probate judge before the first day of December of each year the name and residences of every orphan child that failed to attend school, as herein required, and the probate judge shall have power to remove such child and place it in the care of some other person who will be likely to comply with the requirements of this act.
Sec. 94. It shall be the duty of the Territorial superintendent to prepare a list of questions, which shall be selected from among the questions prepared by the Territorial board of education during the last five years, which list shall be sent to the county superintendent on or before the second Monday in January to be used by them at their regular February examination.
Sec. 95. All acts and parts of acts, upon any subject matter contained in this act, shall be and the same are hereby repealed.
Sec. 96. This act shall be in force from and after its passage and approval.
Approved November 28, 1883.
AN ACT
RELATING TO INSPECTOR OF COAL MINES AND VENTILATION OF COAL MINES.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That the Governor shall appoint a suitable person inspector of coal mines in and for this Territory, who shall hold said office for the term of two years from and after the first Monday in January, 1884, and until his successor is appointed and qualified; and no person shall be appointed unless he is possessed of a competent knowledge and has a practical knowledge of mining and engineering and different systems of working and ventilating coal mines and of the nature and properties of the noxious and poisonous gases of mines, particularly fire damp.
Sec. 2. Before entering upon the discharge of the duties of the office, the inspector shall give bond to the Territory of Washington in the sum of five thousand dollars, with sureties to be approved by the Governor, conditioned for the faithful performance of his duties; the bond, with his oath of officeLAWS OF WASHINGTON
431
and approval of the Governor endorsed thereon, shall be forthwith deposited with the Secretary of the Territory.
Sec. 3. The owner or owners or agent of every coal mine in operation in the Territory, shall pay, or cause to be paid into the Territorial treasury, the sum of four (4) mills on each and every ton of coal sold or used from such mines, which sum shall be paid quarterly, on the tenth day of January, April, July and October of each year, and shall constitute a separate fund, to be known and designated as the mining fund; and upon the refusal of any owner, owners or agent of any coal mine to make such payment as aforesaid, it shall be the duty of the prosecuting attorney of the district in which such mine is situated to commence suit in the name of the Territory to collect the amount due from said delinquent.
Sec. 4. The inspector shall receive an annual salary not to exceed eighteen hundred dollars, to be paid quarterly out of the mining fund: Provided, That if the amount of said mining fund in the treasury shall not be sufficient to pay the amount of the inspector’s salary above provided, he shall receive no other or greater amount than can be paid from said fund.
Sec. 5. The owners or agents of all coal mines shall make or cause to be made an accurate account of all coal sold or used from their mine or mines and forward the same ro the inspector of coal mines once in every three months, and shall send a certified copy of the same to the Territorial treasurer, such copy to be certified, under oath, before a proper officer.
Sec. 6. Every mine or mines in which inflammable gas has been found, shall, before working the same, be inspected with a safety lamp by a competent person or persons (previously examined by the inspector of coal mines in regard to his qualifications), in the following manner, viz: If one shift of workmen are employed, once in every twenty-four (24) hours; if two shifts of workmen are employed, once every twelve (12) hours. He shall also inspect the roadways leading to the place of operation, and shall make a true report to the owner, agent or superintendent of such mine or mines of the condition of the same, concerning ventilation, gas, etc., and no workman shall enter such mine or mines or work therein until officially declared safe by the person appointed to inspect the same, as in this section provided.
Sec. 7. The inspector, in addition to his annual report to the Governor, shall make a special report respecting casualties and accidents, if there be any, in a mine or mines which have caused the loss of human life or bodily injuries.432
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Sec. 8. Such special report shall be published at any time the Governor deems expedient.
•J^eC $ henever an inquest is held, caused by a mine accident, the inspector of mines, or any person deputized by him, may examine any witness, subject to the order of the coroner.
Sec. 10. If at such inquest it shall appear in evidence that the accident has been caused by neglect or defect in or about the mine or mines, the coroner shall forthwith notify the inspector of mines thereof and apprise him of the same.
^ec- 11. . The inspector, on the receipt of such notice, shall forthwith proceed to remedy all such defects found by him, and adopt every means available to insure safety of life and limb.
Sec. 12. Every owner, agent, superintendent or inspector who shall willfully and knowingly violate this act, or any part thereof, shall, upon conviction thereof, be fined in a sum not less than fifty dollars ($50) or more than two hundred dollars ($200), and stand committed until said fine is paid.
Sec. 13. That the inspector may enter, inspect and examine any mine in the Territory, and the works and machinery belonging thereto, at all reasonable times by night or by day, but so as not to unnecessarily obstruct or impede the working of any mine or mines, and to make inquiry into the state and condition of the mine or mines, as to the ventilation and general security; and the owner or owners or agent of such mine or mines are hereby required to furnish the means necessary for such entry and inspection, of which inspection the inspector shall make a record, noting the time and all material circumstances; and the person having charge of any mine or mines, whenever loss of life occurs by accident connected with the working of any such mine or mines, or by explosion shall give notice forthwith, by mail or otherwise, to the inspector of such mine or mines, and to the coroner of the county in which such mine or mines are located, who shall hold an inquest upon the body of the person or persons whose death has been caused, and inquire carefully into the cause thereof, and shall return a copy of the finding, and all the testimony to the inspector.
Sec. 14. The inspector, while in office, shall not act as an agent or as a manager or mining engineer, or be interested in operating any mine, and he shall annually make a report to the Governor of all the proceedings or the condition and operation of the mines of the Territory, enumerating all the accidents in and about the same and giving all such other information as he thinks useful and proper, and making suchLAWS OF WASHINGTON	433
suggestions as lie deems best to further legislation on the subject of mining.
Sec. 15. The inspector shall keep his office in the county where so appointed, in which shall be carefully kept the maps and plans of all mines in the Territory, and all records and correspondence, papers and apparatus and property pertaining to his duties, belonging to the Territory, and which shall be turned over to his successor in office.
Sec. 16. The owner or owners or agent of any coal mine shall make or cause to be made an accurate map or plan of the working of such mine, on a scale of not less than one hundred feet to the inch, showing the area mined or excavated, and the location and connection with such excavation of the mine, of the lines of all adjoining lands, and the name of such owner or owners, so far as known, marked on each tract, a true copy of which map the owner or agent shall deposit with the inspector and another copy of which shall be kept at the office of such mine and the owner or owners or agent shall, every four months thereafter, file with the inspector a statement and plan of the progress of the workings of such mine up to that date, which statement and plan shall be so prepared as to enable the inspector to mark the same on the original map or plan herein required to be made; and in case of refusal on the part of the owner or owners or agent of said mines to make and file the map or plan, or the addition thereto, the inspector is authorized to cause an accurate map or plan of the whole of said mine to be made at the expense of the owner thereof, the cost of which shall be recoverable against the owner in the name of the person or persons making the map or plan, which shall be made in duplicate, one copy being delivered to the inspector and the other left at the office of the mine or mines; and he shall, on being paid the proper cost thereof, on demand of any person interested in the working of such mine or mines, or owner of adjoining lands, furnish an accurate copy of any map or plan of the working of such mine or mines.
Sec. 17. It shall be unlawful for the owner or agent of any coal mine or mines, worked by shaft, tunnel or drift, wherein over fifteen thousand square yards have been excavated, to employ or permit any person to work therein, unless there are to every seam of coal worked in such mine at least two separate outlets, by which shafts or outlets, distinct means of ingress and egress are always available to the persons employed in the mine; but it is not necessary for the two outlets to belong to the one mine; the second outlet need not be made until fifteen thousand square yards have been excavated therein; and in case such outlets are not pro-
434
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tided as herein stipulated, it shall not be lawful for the agent or owner of any such coal mine to permit more than twenty persons to work therein at any one time. In case a coal mine has but one shaft, slope, drift or tunnel for the ingress or egress of the men working therein, and the owner thereof does not own suitable surface ground for another opening, he may select and appropriae any adjoining land for that purpose and for approach thereto, and shall be governed in his proceedings in appropriating such land by the provisions of law in force providing for the appropriation of private property by corporations, but no land shall be appropriated under the provisions of this chapter until the court is satisfied that suitable premises cannot be obtained by contract upon reasonable terms.
Sec. 18. The owner or owners or agent of every coal mine in this Territory, whether shaft, slope, drift or tunnel, shall provide and maintain for such mine an amount of ven tilation of not less than one hundred cubic feet per minute per person employed in such coal mine, and as much more as the inspector may direct, which shall be circulated to the face of each and every working place throughout the mine; and all mines generating fire damp shall be kept free from standing gas, and in all mines where fire damp is generated, every working place shall be carefully examined every morning with a safety lamp by a competent person, before any of the men are allowed to enter.
Sec. 19. In case any coal mine does not, in its appiid^es for the safety of the persons working therein, conform to t^e provisions of this chapter or the owner or owmers or agent disregard the requirements of this chapter any court of com petent jurisdiction may, on application of the inspector, bv civil action, in the name of the Territory, enjoin or restrain the owmer or owners of such mine or agent of such mine, from working or operating such mine with more than twenty persons at once, until it is made to conform to the provisions of this chapter, and such remedy shall be cumulative and shall not take the place of or affect any other proceeding against such owner or owners or agent authorized by law for the matter complained of in such actions.
Sec. 20. When written charges of gross neglect of duty or malfeasance in office shall be made against any inspector, and upon petition of twenty miners to the Governor, he may be removed at any time and upon removal, the Governor shall proceed to fill such vacancy.
Sec. 21. The provisions of this chapter shall not apply to or affect any coal mine in which not more than ten men are employed at the same time, but upon the application of the pro-LAWS OF WASHINGTON	435
prietor of, or miners in any such mine, the inspector shall make or cause to be made an inspection of such mine, and direct and enforce any regulations in accordance with the provisions of this chapter that he deems necessary for the safety of the health and lives of the miners.
Sec. 22. All acts or parts of acts in conflict with the provisions of this act be and the same are hereby repealed.
Sec. 23. This act to take effect and be in force from and after the 1st day of January, 1884, and after its approval by the Governor.
Approved November 28, 1883.
AN ACT
TO AMEND SECTION 2575 OF THE CODE OF WASHINGTON, IN RELATION TO SALARY AND INCIDENTAL EXPENSES OF TERRITORIAL AUDITOR.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That section 2575 of the Code of Washington be, and the same is hereby amended and made to read as follows, to-wit:
“Section 2575. The Territorial auditor shall receive an annual salary of fifteen hundred dollars; and to provide for clerk hire and incidental expenses of his office, consisting of office rent, stationery, lights, fuel, postage, etc., he shall receive the further sum of one thousand dollars per annum, which several amounts shall be paid in quarterly installments by warrants drawn on the Territorial treasurer.”
Sec. 2. This act to take effect, and be in force from and after its passage and approval.
Approved November 22, 1883.
AN ACT
TO AMEND SECTIONS 1391, 1468, 1486 AND 1492 OF THE CODE OF WASHINGTON.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That sections 1391, 1468, 1486, and 1492 of the Code of Washington, be and the same are hereby amended to read as follows:
“Section 1391. When a petition praying for letters of ad-436
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ministration is filed, the clerk must give notice thereof, bv causing notices to be posted iq at least three public places in the county, one of which must be at the place where the court is held, containing the name of the decedent, the name of the applicant and the time at which the applicant will be heard. Such notice must be given at least ten davs before the hearing.”
“Section 1468. Every claim presented to the administrator shall be supported by the affidavit of the claimant or some one in his behalf, to the effect that the said claim is correct, that the amount claimed is justly due, that no payments have been made thereon, that there are no offsets to said claim to the knowledge of the affiant. When not made bv the claimant the affidavit must show the reason why it is made by the affiant. The oath may be taken before any officer authorized to administer oaths. The executor or administrator may also require satisfactory vouchers to be produced in support of the claim.”
“Section 1486. No sale of any propertv shall be valid unless the same be made under order of the probate court, unless otherwise provided by will: Provided always, That it shall be lawful for the executor or administrator,'when any or all of the property of deceased consists of perishable property or live stock, which cannot be retained by the executor or administrator without great expense or danger of loss, to sell such property or any portion thereof at private sale, if he be of the opinion that such sale will be to the best interests of the estate, without said property being appraised or obtaining an order of the probate court*: Provided, That such sale shall be subject to approval by said court.”
“Section 1492. That in case it shall be made to appear to the satisfaction of the probate court, that it will be for the interest of the estate to allow the executor or administrator to sell all or any portion of the personal property belonging to the estate, at private sale, the court mav so'order. AH sales of personal property whether made at public or private sale, with or without an order of the probate court, shall be returned by the executor or administrator to said court for confirmation at the next regular term of said court, after said rule shall have been made.”
Approved November 28, 1883.LAWS OF WASHINGTON
437
AN ACT
TO AMEND SECTION 2073, OF CHAPTER 149 OF THE CODE OF WASHINGTON, ENTITLED SMOKING AND INHALING OPIUM.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That section 2073 of chapter 149, of the Code of Washington be and the same is hereby amended to read as follows, viz:
“Section 2073. Any person or persons, who shall smoke or inhale opium or who shall visit such house, cellar, or other place for the purpose of smoking or inhaling opium, shall be deemed guilty of a. misdemeanor and upon conviction thereof shall, for the first offense, be fined in any sum not exceeding one hundred dollars, or imprisonment not to exceed one month, or both in the discretion of the court; and for any subsequent offense, such person or persons, so offending, shall be imprisoned, not to exceed three months: Provided always, That all opium, pipes or other apparatus used for smoking or inhaling opium, that may be taken by any officer, the judge or justice of the peace trying the cause shall as additional penalty order the same to be destroyed by the officer so taking the same, immediately after the trial.”
Sec. 2. That all acts and parts of acts in conflict with this act be and the same are hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its approval by the Governor.
Approved November 27, 1883.
AN ACT
AMENDING CHAPTER 193 OF THE CODE, RELATIVE TO THE CONSTRUCTION AND MAINTENANCE OF DIKES AND DITCHES.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That section 2523, of the Code of Washington, be amended to read as follows:
“Section 2523. The commissioners elected as aforesaid shall have power to cause to be established, located and constructed. the said proposed improvement, and shall have full supervision over the same. They shall locate said improvement in the best possible manner for the interest of said owners of the land affected by the location of the same. They438
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shall estimate the amount of damages; if in their opinion the construction of said improvement will damage any owner of land more than the amount of benefits accruing to him bv reason of the construction of the same, which should be paid to said owner, they shall assess the land benefited by said improvement for the cost and expenses of making the same, including therein the compensation to be paid to said commissioners and other officers created by this chapter and also the damages heretofore mentioned. The said assessment shall e made upon the land improved in proportion to the taxable valuation thereof: Provided, That in fixing such taxable valuation, no account shall be taken of the houses or tene-ments thereon, but said land shall be assessed without re-gard to such improvement. The sum so assessed against said land, by said commissioners, shall be a lien upon the land improved to the extent of the sum assessed. The said lien may be. enforced, if the sum assessed is not paid by the P^per of said land, by a suit in the district court having jurisdiction in the county in which such land is situated. The said suit shall be brought in the name of said commissioners against said land and the owner, and the costs of said suit shall likewise be a lien upon said' land. Before said assessment is made, the said commissioners shall notify all per-so^s interested, that on a day, and at a place certain, they w ill proceed to make and levy the assessment herein provided 01 • At said time and place any person interested may attend, and if he feels himself aggrieved by said assessment, lie may appeal to the said district court in the same manner as an appeal is taken from an order made by the board of county commissioners. The notice of appeal may be served °? sKecretary of the commissioners, or upon the chairman ot the board created by this chapter. The notice that the assessment will be made and levied, as in this section pro-a idea for, shall be given by posting three written notices on, or in the vicinity of the land to be improved, which notices must be posted at least ten days before said assessment, and must be under the hand of the secretary of the commissioners.”
Sec. 2. That section 2527 of said chapter be amended to read as follows:
“Section 2527. The commissioners created bv this chapter shall have power to make all needful rules and^ regulations necessary to. carry out the provisions thereof. They shall have power, in case of danger from the breaking of dikes to order out all male persons, members of said association, ’under their charge, to attend at the place of danger for the purpose of repairing such dike, in the same manner as theLAWS OF WASHINGTON	439
supervisor of roads orders out persons to work on the road in ease of emergency; and if any person so ordered out refuses or neglects to attend, he shall be subject to a penalty of five dollars for each day he so refuses or neglects to be recovered by an action in name of said commissioners, and money so recovered shall be used in keeping said dike in repair. When ditches become obstructed they shall have like power to order out the persons afore said to remove said obstructions, under a like penalty, and money so recovered shall be used in keeping such ditch in repair.”
Sec. 3. All acts and parts of acts in conflict with the provisions of this act are hereby repealed.
Sec. 4. The act shall take effect and be in force from and after its passage and approval.
Approved November 28, 1S83.
AN ACT
TO AMEND CHAPTER CXHI, OF THE CODE OF WASHINGTON ENTITLED, “TO DECLARE CERTAIN PERSONS HABITUAL DRUNKARDS, AND TO PROTECT THEM AND OTHERS IN PERSON AND PROPERTY.”
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. First, that section 1673, in parentheses, of said chapter, be and the same is hereby amended to read as follows:
“Section 1673. Any person addicted to the use of intoxicating liquors may, upon complaint thereof, or upon certificate of a justice of the peace, as hereinafter provided, be adjudged a habitual drunkard.”
Second. That section 1674, in parentheses, of said chapter, be .and the same is hereby amended to read as follows:
“Section 1674. Either the father, husband, mother, wife son or daughter of any person addicted to the excessive use of intoxicating liquors, or any person in the interest of the relative aggrieved, or of the general public, may make complaint to the probate judge of the county wherein such person, so addicted, resides, that the person complained of is a habitual drunkard, and that in consequences thereof, su<*h person is squandering his earnings or property, or that he neglects his business, or that he abuses or maltreats his family, which complaint must be verified by the oath of the com-440
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plainant, to the effect that the same is true. And every justice of the peace in whose court any person shall have been convicted twice on a charge of being drunk, or drunk and dis-orderly, shall certify to the probate judge, of the county in v hich he resides, that said person has thus twice been convicted.’’
Third, That section 1672, of said chapter, be and the same is hereby amended to read as follows:
“Section 1672. Upon filing of the complaint, duly verified, the probate judge shall cause a copy thereof to be served upon the accused forthwith and shall summon him to appear and answer, giving at least ten days’ notice; and if, upon the hearing of the evidence, the allegations of the complaint are sustained, or upon filing a certificate of a justice of the peace, aj above provided, such judge shall, in open court, declare the accused to be a habitual drunkard, and shall cause the proceeding to be entered in full upon the records of the court.”
Fourth, That section 1673, of said chapter, be, and the same is hereby amended to read as follows:
Section 1673. The same fees shall be allowed to the probate judge, justice of the peace, and the sheriff, or constable, are allowed by law for like processes and services, and like in all proceedings under the foregoing section of this act, as fees for witnesses as in civil cases before justice of the peace; and if the complaint is not sustained, the person making the complaint shall pay the costs; and in case the complaint is sustained, the person accused shall pay the costs.”
Fifth, That section 1676, in brackets, of said chapter, be, and the same is hereby amended to read as follows:
Section 16 <6. It shall be the duty of the probate judge of each county to furnish a copy of this act, as amended, together with the names of all persons adjudged habitual drunkards, to all parties licensed to sell, bv retail, intoxicating liquors in such county. He shall also furnish the names of all persons, adjudged habitual drunkarks, to each probate judge in this Territory, who shall immediately furnish said names, together with a copy of this act, as amended, to all parties licensed to sell, by retail, intoxicating liquors in this county, and such retail dealer shall keep posted up, in his place of business, a copy of said law, and a list of such habitual drunkards. A person failing to keep such law and list so posted shall forfeit his license, and if he thereafter sells intoxicating liquors he shall be punished as if selling without a license.”
. Sec. 6. All acts and parts of acts in conflct with the provisions of this act, are hereby repealed.LAWS OF WASHINGTON
441
Sec. 7. This act to take effect and be in force from and after its approval by the Governor.
Approved November 28, 1883.
AN ACT
TO AMEND SECTION 2080, OF CHAPTER CLII OF THE CODE OF WASHINGTON TERRITORY, RELATING TO GRAND AND PETIT JURORS.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That section two thousand and eighty of chapter CLII, of the Code of Washington Territory, be and the same is hereby amended so as to read as follows:
“Section 2080. Every board of county commissioners, on or before the first Monday of May in each year, shall cause to be prepared, and thereafter shall keep in the office of the county auditor, two jury lists, one of which shall contain the names of all persons qualified to serve in their county as petit jurors, and the other the names of aJl persons qualified to serve as grand jurors. As soon as said lists are prepared and said commissioners are met, they shall select therefrom the names of forty-eight persons qualified to serve as petit jurors, and the names of forty-eight other persons qualified to serve as grand jurors and shall certify the same in separate lists to the clerk of the district court of the judicial district in which the county may be.”
Sec. 2. All acts conflicting in any manner with the provisions of this act, are hereby repealed.
Sec. 3. This act shall take effect and be in force from /and after its approval.
Approved November 27, 1883.
AN ACT
TO AMEND SECTION 2736, OF THE CODE OF WASHINGTON. Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That section 2736 of the Code of Washington, be amended to read as follows:
“Section 2736. The county auditor in his capacity of recorder of deeds is sole custodian of all books in which are recorded deeds, mortgages, judgments, liens, incumbrances442
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and other instruments of writing; indexes thereto, maps, c laits, town plats, survey and other books and papers constituting the tiles and records in said office of recorder of deeds. And all such records and files are matters of public information free of charge to the party demanding to inspect the same. It is said recorder s duty, to arrange in suitable places, the indexes of said books of record, and when practicable the record books themselves, to the end that the same may be accessible and convenient, for said public inspection, and not interfere with the auditor’s personal control and responsibility for the same, and his prompt affording the information demanded. He shall, upon demand and without charge, permit any person during reasonable office hours, to inspect all, or any of such records or files, but said auditor or recorder shall not permit during such office hours, to any person, the exclusive use or appropriation of said indexes or books, or any or either of them for the purpose of making a duplicate copy thereof, or of tabulating the contents of the same into a county abstract. This shall not, however, be construed as authoriing the said auditor or recorder to prohibit the fullest examination, and searching the records of his said office, as to the title of property about to be conveyed, or where negotiations are pending in regard thereto, and the preparation by any person or his attorney or agent of an abstract of the title of such property.
Sec. 2. This act to take effect from and after its approval by the Governor.
Approved November 28, 1883.
AN ACT
TO AMEND SECTION 2106 AND 2107 OF THE CODE OF WASHINGTON. COSTS IN CERTAIN CASES.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That sections 2106 and 2107 of the Code of A ashington, be, and the same are herebv amended to read as follows:
“Section 2106. In all convictions for felony, whether capital or punishable by imprisonment in the penitentiary the clerk of the district court shall forthwith, after sentence’ tax the costs in the case. The cost bill shall be made out in fiiphcate, and be examined by the prosecuting attorney ofLAWS OF WASHINGTON	443
the district embracing the county in which the trial was held. After which the judge of the district court shall allow and approve such bill or so much thereof, as is allowable by law. The clerk of the district court shall thereupon, under his hand, and under the seal of the court, certify said triplicate cost bills, and shall file one with the papers of the cause, and shall transmit one to the Territorial auditor and one to the county auditor of the county in which said felony was committed.”
“Section 2107. Upon the receipt of the cost bill, as provided for in the preceding section, the county auditor shall draw warrants for the amounts due each person, as certified in said cost bill, which warrants shall be paid as other county warrants are paid. On receipt of the certified copy of said cost bill, the Territorial auditor shall examine and audit said bill and allow the same or so much thereof as may be allowable against the Territory, and shall credit the amount so allowed to the county from whence the bill came as so much Territorial tax paid. The Territorial auditor shall immediately notify the Territorial treasurer and county auditor, each of whom shall credit and charge accordingly.”
Sec. 2. This act to take effect and be in force from and after its approval.
Approved November 28, 1883.
AN ACT
TO AMEND SECTION 2474 OF CHAPTER 188 OF THE CODE OF WASHINGTON, RELATING TO CONDEMNING AND APPROPRIATING LAND BY PRIVATE CORPORATIONS.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That section 2474 of the Code of Washington, shall be amended to read as follows:
“Section 2474. Upon the payment to such justice, for the use of the owners of such lands, or to the owners of such lands, of the damages assessed, by said house holders or a majority thereof, said corporation shall have the right to appropriate the land in question to its own use for corporate purposes, subject to the action of the district court in regard to damages as hereinafter provided: Provided, That nothing herein contained, shall be construed to prevent such corporation from going upon such lands for the purpose of pre-444
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liminary surveys and explorations and laying out the road or vork: Provided further, That in the condemnation and appropriation of school lands for right of way and railroad purposes, the summons shall be served on the auditor of the county in which the lands to be condemned and appropriated are located; and that the damages arising from such condemnation and appropriation, shall be paid into the common school fund of said county.”
Approved November 28, 1883.
AN ACT
TO AMEND SECTION 347 OF THE CODE OF WASHINGTON.
Be it enacted oy the Legislative Assembly of the Territory of Washington:
Section 1. “That section 347 of the Code of Washington, 1881, be amended to read as follows: To a teamster or drayman engaged in that business for the support of himself or his family, his team, consisting of one span of horses, mules or oxen, or a horse and mule, with harness, one wagon, truck, cart or dray.”
Sec. 2. This act to take effect and be in force from and after its approval.
Approved November 23, 1883.
AN ACT
TO AMEND SECTION 1184 OF THE CODE OF WASHINGTON.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That section 1184 of the Code of Washington be, and the same is hereby amended so as to read as follows, viz:
Section 1184. It shall be unlawful for the proprietors of anv sawmill, situated on any of the rivers, creeks or streams in said Territory of Washington, or any employe therein, to cast the sawdust made by such sawmill, or suffer or permit such sawdust to be thrown or discharged in any manner, into said rivers, creeks or streams, within the Territory of Wash-LAWS OF WASHINGTON
445
ington. For each and every willful violation of this section, the party guilty of such violation, shall be liable to a fine of fifty dollars, to be recovered before a justice of the peace, of the proper county.”
Sec. 2. All acts or parts of acts in conflict with the provisions of this act are hereby repealed.
Sec. 3. This act to take effect and be in force from and after its passage and approval by the Governor.
Approved November 23, 1883.
AN ACT
TO AMEND CHAPTER CX, OF THE CODE, RELATING TO IDIOTS AND INSANE, AND SECTION 2267, OF CHAPTER CLXVI, ENTITLED, HOSPITAL FOR THE INSANE.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That section 1632, of the Code of Washington, be, and the same is hereby, amended to read as follows, viz:
“Section 1632. The probate court of any county in this Territory, or the judge thereof, upon application of any person under oath, setting forth that any person, by reason of insanity, is unsafe to be at large, or is suffering under mental derangement, shall cause such person to be brought before said court, or judge, at such time and place as the court or judge may direct, and shall cause to appear at said time and place, one or more respectable physicians, who shall state under oath, in writing, their opinion of the case, which opinion shall be carefully preserved and filed with other papers in the case, and if the said physician or physicians shall certify to the insanity or idiocy of said person, and it appear to the satisfaction of the court, or judge, that such is the fact, said court, or judge, shall cause such insane or idiotic person to be taken to and placed in the hospital for the insane of Washington Territory: Provided, That such person, or any person in his behalf, may demand a jury to decide upon the question of his insanity, and the court, or judge, shall discharge such person if the verdict of the jury is that he is not insane: Provided also. That when the relations or friends desire to take charge of such insane or idiotic person, the court, or judge, may so order, if they shall give bonds to be approved by said judge, conditioned that such insane or idiotic person shall be well and securely kept.”446
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Sec. 2. That section 1636, of said chapter CX, be, and the same is hereby amended to read as follows, viz:
“Section 1636. When any person shall be found to be insane, or coming within the provisions of this act, the cost of the proceedings shall be paid by the county: Provided, That when such insane person is a resident of another county, the county wherein such proceedings where had shall recover from th* county of which such insane person is a resident, all costs and expenses so paid, as aforesaid.”
Sec. 3. That sections 1633, 1634, 1654 and 1655, of said chapter CX, be, and the same are hereby repealed.
Sec. 4. That section 1653, of said chapter CX, be, and the same is hereby amended so as to read as follows, viz:
“Section 1653. All the expenses of taking care of such insane person, whilst in the hospital for the insane, shall be paid out of the Territorial treasury.”
Sec. 5. That section 2267, of chapter CLXVI, be, and the same is hereby amended so as to read as follows, viz:
“Section 2267. It shall be the duty of the superintendent to ascertain, by diligent inquiry and correspondence, the history of each and every patient admitted to the hospital.”
Sec. 6. This act to take effect and be in force from and after its passage.
Approved November 24, 1883.
AN ACT
'TO AMEND SECTION 1125 AND 1129 OF THE CODE OF WASHINGTON. Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That section 1125 of the Code of Washington, be amended to read as follows: “If any person ordered into ^custody until the fine and costs adjudged against him be paid, ■shall not, before the final adjournment of the court, pay or cause the payment of the same to be secured, the clerk of the court shall issue a warrant to the sheriff, commanding him to imprison such defendant in the county jail, until such fine and costs are paid, or secured, until he "has been imprisoned in such jail one day for every two dollars of such fine or costs, but execution may at any time issue against the property of the defendant as in other cases.”
Section 1129 be amended to read as follows: “When a ..defendant is committed to jail, on failure to pay any fines andLAWS OF WASHINGTON
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costs, lie shall, under the order of the county commissioners, work out the amount of the fine and costs, at the rate of two dollars per day, and in case he shall so work out the fine and costs, or in case he shall not be able to work, or the county commissioners fail to provide work, and he shall have been confined in the county jail one day for every two dollars of such fine and costs, no execution shall issue therefor, when any defendant is in the custody of the sheriff by virtue of a sentence of imprisonment in the county jail, and if there be no county jail in the county, he shall under the order of the county commissioners, cause such person to work his unexpired term of imprisonment in such manner as said county commissioners may direct.”
Sec. 2. All acts and parts of acts in conflict with the provisions of this act are hereby repealed.
Sec. 3. This act to take effect and be in force from and after its passage and approval by the Governor.
Approved November 28, 1883.
AN ACT
TO AMEND SECTION 2752 OF THE CODE OF WASHINGTON.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That section 2752 of the Code of Washington be amended, by striking out the words Klickitat, Chehalis and Whatcom: Provided, That nothing herein shall be construed to prevent the qualified electors of said counties from electing one person to the offices of sheriff and assessor.
Sec. 2. All acts or 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 its passage and approval by the Governor.
Approved October 26, 1883.	’
AN ACT
TO AMEND SECTION 2122 OF THE CODE OF WASHINGTON 1881.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That section 2122 of the Code of Washington, 1881, be, and the same is hereby amended by striking out of448
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said section 2122, the word Kalama, where it occurs in said section, and inserting in lieu thereof the word Vancouver.
Sec. 2. That all acts or parts of acts in conflict with the provisions of this act be, and the same are hereby repealed.
Sec. 3. This act to take effect and be in force from and pfter its approval.
Approved November 23, 1883.
AN ACT
TO AMEND SECTION 3050, CHAPTER 238 OF THE CODE OF WASHINGTON.
Pe it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That section 3050, chapter 238, of the Code of AX ashington, be, and is hereby amended to read as follows, to-wit:
“All American citizens, above dhe age of twentv-one years, and all American half-breeds over that age, who have adopted the habits of the whites, and all other inhabitants of this Territory, above that age, who shall have declared on oath their intentions to become citizens, at least six months previous to the day of election, and shall have taken an oath to support the constitution of the United States, and the organic act of this Territory, at least six months previous to the day of election, and who shall have resided six months in the Territory, and thirty days in the county, next preceding the day of election, and none other, shall be entitled to hold .office, or vote at any election in this Territory: Provided, That no officer, soldier, teaman or marine, in the army or navy of the T nited States, or attached to troops in the service of the I nited States, shall be allowed to vote at any election in this Territory, by reason of being in service therein, unless said Territory is, and has been for the period of six months, his permanent domicile: Provided, He was a citizen of this Territory at the time of his enlistment: And, provided fur-ther, That no person belonging to the army or navy of the United States shall be elected to, or hold any civil office, or appointment in this Territory: Providing, That this provision shall not apply to officers of the army or naw on the retired list.”
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449
Sec. 2. Wherever the word “his” occurs in the chapter aforesaid, it shall be construed to mean “his or her,” as the case may be.
Sec. 3. This act to take effect and be in force from and after its approval by the Governor.
Approved November 23, 1883.
AN ACT
ENTITLED AN ACT TO AMEND SECTIONS 2988, 2989, 2990 AND 2991 OF CHAPTER 229 RELATING TO ROADS.
Be it enacted by the Legislative Assembly of the Territory of Washington:
That sections 2988, 2989, 2990, 2991, 3001 of chapter 229 of the road liAv? be amended so as to read as follows:
“Section 2988. The supervisor of each road district in this Territory, shall, at least ten days before the first Monday in January (except when the first Monday conies on the first day of the month, when the following Tuesday shall be used in lieu thereof) of each year, cause three notices to be posted up in three conspicuous places in his road district, giving notice that there will be an election held in such district, on the first Monday in January at two o’clock in the afternoon, at some convenient place in said district, to be specified in said notice, for the purpose of electing a road supervisor for the next succeeding year, at which election the old supervisor shall act as chairman if present, if not present, a chairman shall be elected from the voters present. The meeting shall also elect a secretary who shall record the proceedings of meeting, and all male persons in the districts, wTho are required to labor on the roads, or who have road taxes to pay, may vote at such election, and the person receiving the highest number of votes, shall be considered elected supervisor for that year, who shall wuthin ten days and before entering upon the duties of said office, take an oath to faithfully discharge the duties of his office, and if required by the county commissioners, shall enter into bond to the county, with one or more sureties in any sum not exceeding one thousand dollars, to be approved by the county commissioners to the effect that he will faithfully account for all moneys coming into his hands, by virtue of his office: Provided, however, if from any cause there is no election on the first Monday in January (excepting when said election comes on the first day of the450
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month as provided for in this section), the supervisor or any qualified elector, who is a tax-payer of the district, may call a special election by giving notice as provided in this section, which election shall be held on the third Monday of the same month. It shall be the duty of the chairman and secretary of said meeting to notify the county auditor in writing before the next regular meeting of the board of county commissioners that the district has elected a supervisor and give his name in full; but in case any district shall fail to notify the county auditor in writing that they have elected a supervisor, it shall be the duty of the county auditor to report what districts have failed to elect, to the county commissioners, at their February meeting, and they shall appoint supervisors to fill all vacancies in such road districts.”
“Section 2989. The county auditor shall furnish the several supervisors in his county with their respective road lists, on or before the second Monday of February of each year; said list shall be properly ruled with the spaces for names and amount, and containing directions to supervisors when to return the same.”
“Section 2990. It shall be the duty of every supervisor of roads to obtain the names and make out in alphabetical order a list of all persons liable to perform labor on the public roads within his road district, and file the same with the county auditor on or before the first Monday in March of each year, whose duty it shall be to affix to each name the amount of taxable property owned by each person residing or owning property therein, which list shall be returned to the road supervisors in the second assessment districts on or before the first day of June of each year, and in the first assessment district on or before the first day of April.”
“Section 2991. The road supervisor shall proceed to collect the road taxes in their respective districts, in the manner hereafter provided, and it shall be the duty of each supervisor of roads in the several counties in the Territory, to return their road lists to the county auditors of their respective counties, on or before the 31st day of December in each year, properly certified to, showing the amounts paid thereon, by whom paid and whether the amounts so paid were paid in work or money. They shall, also, at the same time, return to the auditor a delinquent list, showing the names of all persons who have failed to pay their road taxes for the current year, together with the amount due from each. The county auditor shall add a penalty of twenty-five per centum to all road taxes, so returned delinquent, and shall place the names of the persons so delinquent, together with the amount due from each, on the regular delinquent tax list and charge theLAWS OF WASHINGTON
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amount of such delinquent road taxes to the sheriff, who shall collect the same in the manner and at the same time he collects other delinquent taxes. All moneys so collected shall be paid into the county treasury, of the proper county, and the respective county treasurers shall turn the same over to the supervisor of the road district to which each tax belongs, to be expended in that road district.”
Approved November 28, 1883.
AN ACT
TO AMEND SECTION 507, OF THE CODE OF WASHINGTON, 1881. Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That section 507 of the Code of Washington be, and the same is hereby amended to read as follows:
“Section 507. The plaintiff shall not be entitled to costs in actions within the jurisdiction of a justice of the peace, which shall be commenced in the district court, when the amount claimed shall be less than one hundred dollars.”
Sec. 2. This act to take effect and be in force from and after its approval.
Approved November 27, 1883.
AN ACT
TO AMEND CHAPTER TWELVE, SECTION ONE HUNDRED AND SEVENTY-SIX OF THE CODE OF WASHINGTON.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That section one hundred and seventy-six of the Code of Washington, chapter twelve, be amended to read:
“Section 176. Before the writ of attachment shall issue, the plaintiff, or some one in his behalf, shall execute and file with the clerk a bond or undertaking, with two or more sureties, in a sum not less than two hundred dollars and equal to the amount for which plaintiff demands judgment, conditioned that the plaintiff will pay all costs that may be ad-452	LAWS OF WASHINGTON
judged to the defendant and all damages which he may sustain by reason of the attachment, not exceeding the amount specified in such bond or undertaking, should the same be wrongfully, oppressively or maliciously sued out, and in an action on said bond exemplary, as well as actual damages may be recovered, including therein reasonable attorney fees and damages caused by depreciation of property and injury to business and commercial credit. With said bond or undertaking, there shall also be filed the affidavit of the sureties, from which it must appear that such sureties are qualified and that taken together they are worth the sum specified in the bond or undertaking over and above all debts and liabilities and property exempt from execution. No person, not qualified to become bail upon arrest, is qualified to become surety upon a bond or undertaking for an attachment.'’
Sec. 2. This act shall take effect and be in force thirty days after its approval by the Governor: Provided, however, That it shall not have the effect of dissolving any attachment issued under the section intended to be repealed.
Approved November 28, 1883.
AN ACT
TO AMEND SECTION 2382 OF THE CODE.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That section 2382 of the Code of Washington be amended to read as follows: “Marriage may be solemnized according to the ritual or ceremonies of any religious denomination, or by any minister or priest of any church or religious denomination in this Territory, and by any justice or judge of the district or probate court, anywhere within the Territory, and by any justice of the peace within their respective counties.”
Sec. 2. All acts or parts of acts in conflict with this section are hereby repealed.
Sec. 3. This act to be in full force and effect from and after its approval by the Governor.
Approved November 26, 1883.LAWS OF WASHINGTON
453
F	AN ACT
TO AMEND CHAPTER CCIV OF THE CODE OF WASHINGTON.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That chapter CCIV of the Code of Washington. be amended by striking out subdivision one, of section 2616, and inserting, in lieu thereof, the following:
1.	“Pay to the secretary of the Territory the sum of five dollars: Provided, That from the proceeds of the sum hereby set apart as compensation to the secretary of the Territory, the said secretary shall furnish all necessary stationery, blank appointments, and commissions in reference to the appointment of notaries public.”
Sec. 2. That chapter CCIV of the Code of Washington be further ameded by striking out section 2625.
Sec. 3. This act shall take effect from and after its approval.
Approved November 26, 1883.
AN ACT
TO CORRECT ERRORS AND SUPPLY OMISSIONS IN THE CODE OF WASHINGTON.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That for the purpose of correcting errors and supplying omissions in the Code so as to make the same truly express such laws, the following amendents are hereby made therein:
First, section fifty-nine is amended to read as follows:
“Section 59. Civil actions in the several district courts in this Territory shall be commenced by the filing of a complaint with the clerk of the court in whch the action is brought, and the issuing of a summons thereon, together with a copy of the complaint, duly certified by said clerk under the seal of the court: Provided, That after the filing of the complaint, a defendant in the action may appear, answer or demur, whether the summons has been issued or not, and such appearances, answer or demurrer shall be deemed a waiver of the summons.”
Second, chapter XI is amended by inserting between sections 154 and 155, the following:454
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“Section 154|. An injunction may be granted to restrain the malicious erection, by any owner or lessee of land, of any structure intended to spite, injure or annoy an adjoining proprietor. And where any owner or lessee of land has maliciously erected such a structure with such intent, a mandatory injunction will lie to compel its abatement and removal.”
Third, section 1460 is amended by adding to said section the words following: “Said homestead to be selected out of the community property, but if there be no community property, such homestead may be selected by the widow or minor child or children out of the husband’s or father’s separate estate, or by the husband or minor child or children out of the widow's or mother’s separate estate, if the husband and father has no separate estate: Provided, That but one homestead shall be selected or held by either husband or wife or children and it must embrace the dwelling house in which the family reside.”
Fourth, section 1710 is amended by striking out the words “one hundred dollars” wherever they occur in the several subdivisions of said section, and inserting the words “three hundred dollars,” and adding after subdivision XI the following:
“12. All actions, where the amount in controversy exceeds one hundred dollars, may be brought in the district court. Section 1886 be amended by striking out the words “one hundred dollars” wherever they occur in said section and inserting “three hundred dollars.”
Fifth, section 1976 is amended by striking out the word “lessees” in said section and inserting in lieu thereof the word “lessors.”
Sixth, section 2077 is amended by striking out the words: “Provided, That this section shall not include the counties of Clarke, Cowlitz and Pierce.”
Seventh, section 2119 is amended to read as follows:
“Section 2119. Such courts shall be held:
At La Conner on the second Tuesday in February and second Tuesday in August, and hold until the business of the term is transacted, unless sooner adjourned by the court.
At Port Townsend, the fourth Monday in February, and the fourth Monday in August, and hold until the business of the term is transacted, unless sooner adjourned by the court.
At Snohomish City, in Snohomish county, on the second Monday in March, and the second Monday in September, and hold until the business of the term is transacted, unless sooner adjourned by the court.
At Seattle, on the first Monday in April, and the first Monday in October, and hold until the business of the term is transacted, unless sooner adjourned by the courtLAWS OF WASHINGTON	455
At Aew Tacoma, on the fourth Monday in May, and the fourth Monday in November, and hold until the business.of the term is transacted, unless sooner adjourned by the court. I. r i-lg 11 i’ s^tl0u ?448 is amended, by striking out in the 1^ction “182 and 183,” and inserting in lieu theieof 18 < and by adding to said section the following -
“1 rovided, That nothing herein contained, shall be so construed, as to authorize the appropriation of water belonging to any person, unless the owner thereof shall refuse to supply said town or city with water after being requested so to do by the town board or city council.”	! :'
Ninth, “Section 2721. The auditor and treasurer of each county must, on the second day of the regular May and November terms, make a joint statement to the board of commissioners, showing the whole amount of collections (stating particularly the source of each portion of the revenue) from all sources paid into the county treasury, the funds aiiion^ which the same was distributed and the amount to each, the total amount of warrants drawn and paid; the total amount of warrants drawn and unpaid, and accounts or claims audited or allowed or unpaid, and, generally, make a full and specific showing of the financial condition of the county.”
Tenth, Section 2880. Hie board of county commissioners of each county in the first assessment district must, at its August session in each year, estimate and determine the amount of money to be raised in its county for Territorial (county) school and ward purposes respectively for the year, and such determination must be entered at large in its records.”
“Section 2881. The board of county commissioners in each county in the first assessment district, shall annually, at its August term, levy the following taxes on the assessed value of the taxable property in the county.”
(1)	. For Territorial revenue, two and one-half mills.
(2.) For ordinary county revenue, not to exceed eight (8) mills.
(3,) For support of schools, not to exceed six mills.
(4,) For roads, not to exceed five mills.
For roads and bridges, the county commissioners may levy not to exceed two mills, to be collected in cash: Provided, That in the county of Lewis, said tax shall be applied to the building and repairing of bridges only.
Sec. 2. This act to take effect and be in force from and after its passage.
Approved November 28, 1883.456
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AN ACT
CREATING AND CONFERRING JURISDICTION UPON THE DISTRICT COURT OF THE COUNTY OF KITTITASS.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That a court be, and the same is hereby created and established within and for the county of Kittitas, to be called the district court of Kittitas county.
Sec. 2. That the district court shall have exclusive jurisdiction within said county of all matters and causes, except those in which the United States is a party, in the same manner and to the same extent, as is now had and exercised by the district court of the second judicial district, holding terms at Yakima City, for the county of Yakima, with the same right of appeal, certiorari and writs of error to the supreme court, as is now provided and allowed by law.
Sec. 3. Said court shall be held by the judge of the second judicial district at Ellensburgh, the county seat of Kittitas county.
Sec. 4. The said judge of the second judicial district shall appoint a clerk of said district court of Kittitas county, who shall give bonds and security in such amount as shall be ordered by the court or judge thereof, and shall keep his office and the records thereof, at said county seat of Kittitas county.
Sec. 5. The district court of Kittitas county, shall be a court of record, and the expenses of holding the s^me shall be paid by the said county of Kittitas. And the said county of Kittitas shall also pay the actual traveling expenses incurred by the judge of the second judicial district, in coming from and to his place of residence, from the place of holding said court in Kittitas county, and said judge shall make a certified statement of the expenses so necessarily incurred, to the county auditor of Kittitas county, who shall draw a warrant upon the treasury of said county for the amount so certified to by said judge.
Sec. 6. The regular term of said district court of Kittitas county shall be held at Ellensburgh, on the third Monday in October, in each and every year, and each term shall be held for one week, unless sooner adjourned.
Sec. 7. The board of county commissioners of said county of Kittitas, shall at their regular term, preceding the holding of said district court, in each and every year, select from the statement of persons qualified a sufficient number of persons to serve as grand and petit jurors, at the term of said court to be held, next after said meeting of board of countyLAWS OF WASHINGTON
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commissioners, and the auditor of said county shall furnish a list of the grand and petit jur.ors so selected, to the clerk of the district court of said Kittitas county: Provided, That, when for any cause, there shall not be in attendance a sufficient number of qualified and competent grand and petit jurors or the regular jurors shall not have been summoned, or shall have been discharged, it shall be competent for the court to order a sufficient number of grand and petit jurors to be summoned from the persons present or from the people of the county.
Sec. 8. The number summoned as grand jurors shall not exceed twelve, and the number of petit jurors shall not exceed twenty-four persons; and the provisions of law now in force for the manner of selecting and procuring the attendance of jurors at terms of the several district courts of this territory, consistent with the foregoing, and not modified thereby, shall fully apply to the court of Kittitas county.
Sec. 9. At least thirty days before the commencement of the term of the said court, the clerk thereof shall issue one venire embracing the names of the grand and petit jurors, specifying which are grand and which are petit jurors, commanding the sheriff of said county to summon the persons so named, to attend at the first day of the term of said court.
Sec. 10. The various laws now in force, and which may hereafter be enacted, regulating the practice and proceedings in civil actions and criminal prosecutions, in Territorial causes, shall govern the practice and proceedings in said district court of Kittitas county.
Sec. 11. All acts and parts of acts in conflict with this act are hereby repealed.
Sec. 12. This act to take effect and be in force from and after its passage and approval.
Approved November 26, 1883.
AN ACT
TO CREATE A DISTRICT COURT FOR THE COUNTY OF GARFIELD, AND DEFINING THE JURISDICTION THEREOF.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That a court be and the same is hereby created and established within the county of Garfield, to be called and known as the district court of Garfield county.458
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Sec. 2. That the said district court shall have jurisdiction within said county of all matters, actions and causes, except those in which the United States shall be a party, in the same manner, and to the same extent as other district courts in the first judicial district have, and all proceedings therein shall be governed by and subject to the same laws, rules and regulations, in all respects, as other district courts in said district are.
Sec. 3. That the said district court shall be held by the judge of the first judicial district, and said judge shall appoint a clerk of said court, who shall, before entering upon the duties of such office, take and subscribe an oath to faithfully discharge the same, and shall give a bond or other security in such sum and manner as the judge of said court may direct, and shall keep his office at the county seat of said county.
Sec. 4. The regular terms terms of said court, shall be held at the county seat of said county, on the third Monday of August, and the third Monday of February in each year, and shall hold until the business of the term is transacted, unless sooner adjourned by the court.
Sec. 5. This act shall take effect and be in force from and after the date of its approval.
Approved November 28, 1883.
AN ACT
TO CREATE A DISTRICT COURT FOR THE COUNTY OF CHEHALIS AND DEFINING THE JURISDICTION THEREOF.
Be it enacted by the Legislative Assembly of the Territory of Washington:
* Section 1. That a court be, and the same is hereby created and established within the county of Chehalis, to be called and known as the district court of Chehalis county.
Sec. 2. That the said district court shall have jurisdiction within said county of all matters, actions and causes, except those in which the United States is a party, in the same manner, and to the same extent as other district courts in the second judicial district have, and all proceedings therein shall be governed and subject to the same laws, rules and regulations, in all respects, as other district courts in said district are.
Sec. 3. That the said district court shall be held by the judge of the second judicial district, and said judge shall ap-LAWS OF WASHINGTON
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point a clerk of said court, who shall, before entering upon the duties of said office, take and subscribe an oath to faithfully discharge the same, and shall give a bond, or other security, in such sum as the judge of said court may direct, and shall keep his office at the county seat of said county.
Sec. 4. The regular term of said court shall be held at Montesano, the county seat of the said county, commencing on the first Monday in September in each year, and shall hold until the business of the term is transacted, unless sooner adjourned by the court.
Sec. 5. This act shall take effect and be in force from and after its approval.
Approved November 23, 1883.
AN ACT
TO PROVIDE FOR THE DISTRIBUTION OF THE CODE, SESSION LAWS AND JOURNALS.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That the printed laws of the present session of the legislative assembly shall be distributed as follows: Two copies of each to the library of the United States congress, and supreme court; one copy to the court of claims; one copy to the library of each of the several departments at Washington, and one copy to each of the states and territories for the use of the public library of such state or territory.
Sec. 2. A sufficient number of the laws to each county auditor, to supply one copy to each auditor and one copy to each county commissioner, probate judge, sheriff, treasurer, assessor, superintendent of schools, coroner, district attorney’ and to each justice of the peace, within their respective counties, as public property, for the use of their respective offices, to be delivered to their successors in office; also one copy of the laws to the Governor of the Territory, to each of the justices of the supreme court of the Territory, to the Territorial auditor, treasurer, the surveyor general, registers and receivers of the land offices, to the United States district attorney and one deputy, the clerks of the supreme and district courts, to the Indian agents, collectors of customs, United States marshal, superintendent of public instruction, to the members of the present legislative assembly, and to the chief clerks thereof, and one copy to the inspector of logs: Pro-460
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vided, That one hundred copies of the code of 1881 and the laws of the present session be bound together, in full leather binding, and distributed one copy each to the members of the present legislative assembly, and the two chief clerks, and one copy each to the Territorial and Federal officers, mentioned in section 2 of this act, and lumber inspector.
Sec. 3. The secretary shall furnish one copy each of the house and council journal to each member of the present legislative assembly; two copies to the auditor of each of the counties, to be placed in his office as public property.
Sec. 4. The remaining copies of the session laws shall be turned over to the Territorial auditor, who shall sell the same to the citizens of the Territory, at one dollar per copy. The funds received for the sale of said laws shall be turned into the Territorial treasury.
Sec. 5. It shall be the duty of the secretary of the Territory to carry into effect the provisions of the foregoing sections, and any necessary expenses incurred by him shall be allowed and paid out of the Territorial treasury, upon presentation of properly certified vouchers, to the auditor of the Territory, who shall draw his warrant upon the Territorial treasurer, who shall pay the same out of any funds, not otherwise appropriated.
Sec. 6. One copy of the session laws to each of the officers of the present legislative assembly.
Sec. 7. This act shall take effect and be in force from and after its passage and approval by the Governor.
Approved November 28, 1883.
AN ACT
TO CREATE A DISTRICT COURT FOR THE COUNTY OF WHATCOM AND DEFINING THE JURISDICTION THEREOF.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That a court be, and the same is hereby created and established within the county of Whatcom, to be called and known as the district court for the county of Whatcom.
Sec. 2. That said district court shall have jurisdiction within said county of all matter, actions and causes, except those in which the United States shall be a party, in the same manner and to the same extent as other district courtsLAWS OF WASHINGTON
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in the third judicial district have; and all proceedngs therein shall be governed by and subject to the same laws, rules and regulations, in all respects as other district courts in said district are.
Sec. 3. That said district court shall be held by the judge of the third judicial district, and said judge shall appoint a clerk of said court, who shall, before entering upon the duties of such office, take and subscribe an oath to faithfully discharge the same and shall give a bond or other security in such sum and form as the judge of said court shall direct, and shall file or deposit such oath and bond, or other security, in such place and manner as the judge of said court may direct, and shall keep his office at he county seat of said county.
Sec. 4. The regular terms of said court shall be held at A hatcom, the county seat of said county, on the second Tuesday in January and June in each year, and shall hold until the business of the term is transacted, unless sooner adjourned by the court.
Sec. 5. This act shall not be held to be repealed, by implication. because of any act passed at the present session of the legislative assembly, and shall take effect and be in force from and after the date of its approval.
Approved November 28, 1883.
AN ACT
TO APPROPRIATE MONEY TO DEFRAY EXPENSES FOR THE HOSPITAL FOR THE INSANE.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That section 2266, of the Code of Washington Territory beginning after the figures “$2200” near the middle of the 5th line, be amended to read as follows:
“One accountant, twelve hundred dollars ($1200) per annum. One head warden, six hundred dollars ($600) per annum. One assistant warden, on receiving ward, six hundred dollars ($600) per annum. Four assistant wardens, each five hundred and twenty-five dollars ($525) per annum. One outside warden, five hundred dollars ($500) per annum. One teamster, four hundred dollars ($400) per annum. One ma-462
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tron, five hundred and twenty-five dollars ($525) per annum. Two assistant matrons, each, four hundred dollars ($400) per annum. One cook, nine hundred dollars ($900) per annum. One baker, who shall also assist the cook, six hundred dollars ($600) per annum.”
Sec. 2. All officers and employes may be furnished subsistence, quarters, lights and fuel for one, with quarters for a family, in excess of salary.
Sec. 3. And, be it further enacted, That section 2272, of the Code of Washington Territory be amended to read as follows: “Thirty-two thousand five hundred dollars ($32,500), or so much thereof as may be necessary, are hereby appropriated for each fiscal year, to defray the expenses of said institution.
Sec. 4. All acts and parts of acts in conflict with the provisions of this act are hereby repealed.
Sec. 5. This act to take effect and be in force from and after its passage and approval by the Governor.
Approved November 28, 1883.
AN ACT
TO SECURE TO THE OWNERS OF LIVE STOCK PAYMENT OF THE FULL VALUE OF ALL ANIMALS KILLED OR MAIMED BY RAILROAD! TRAINS.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That all railroad companies owning, or operating lines of railway within the Territory of Washington, shall be liable to the owners of all live stock, for the full value of all such live stock killed or maimed by their passing trains.
Sec. 2. The value of all animals killed or maimed by railroad companies shall be ascertained and fixed by appraisement as follows, to-wit: The owners of the stock, so killed or maimed, shall be entitled to the appointment of one appraiser. and the railroad company to the appointment of one appraiser, and if the two, so appointed, shall not agree, they shall select the third appraiser, and the three appraisers shall fix the value: Provided. That in ascertaining and fixing the value of such stock, the appraisers, herein provided for,LAWS OF WASHINGTON	463

shall consider the real market value of such stock, whether for breeding or other purposes.
Sec. 3. Whenever any live stock is killed or maimed by the passing locomotive, or train of any railroad company, it shall be the duty of the owner of such stock, to report the same to the company and ask the appointment of an appraiser, which appraiser shall be appointed and required to act in making such appraisement, within ten days after such notice is given; and if said company fail or refuse to appoint said appraiser, or said appraiser shall fail from any cause to act within ten days from said notice, then the owner of such stock shall appoint an appraiser on his own behalf and shall report the same to the county auditor, who shall, thereupon, act as such second appraiser, and in case the two cannot agree as to the value of the animal, or animals killed or maimed, then they shall appoint a third appraiser, and the value assessed by a majority shall be the value of said animal, or animals, or value of damage done thereto.
Sec. 4. The notice required in the preceding section shall be given upon the superintendent of such companv, for the particular division in which the killing occurred, or\o a local business manager, or agent thereof. Such notice shall be in writing and shall contain the date, as near as can be, and the place at, or near which said stock was killed or maimed, together with the number and kind of the same.
Sec. 5. As soon as the value of such animals, or the amount of damage done thereto, shall be ascertained, as hereinbefore provided, the amount of such assessment shall thereupon become due and payable, with interest from date of said assessment, at the rate of one per cent, per month, and said amount, together with interest and costs, including attorney’s fees, now allowed as costs in the district court, may be recovered by suit, in any court having jurisdiction thereof.
Sec. 6. The appraisers, provided for in this act, shall be entitled for their services, to the sum of two dollars per dgy, and mileage at the rate of ten cents per mile, which said costs shall be borne equally by both parties.
Sec. 7. Ail acts and parts of acts inconsistent with the provisions of this act are hereby repealed.
Sec. 8. No railroad company shall be liable for stock killed upon their roads, when the same is fenced by such company, with a good lawful fence.
Sec. 9. This act shall take effect and be in force from and after its approval.
Approved November 28, 1883.464
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AN ACT
IN RELATION TO CERTAIN CAUSES IN THE DISTRICT COURT HOLDING TERMS AT OLYMPIA.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That all causes now pending in the district court, holding terms at Olympia, from Chehalis county, shall be, and remain for trial, judgment and execution in the district court holding terms at Olympia.
Sec. 2. This act to take effect and be in force from and after its passage and approval.
Approved November 23, 1883.
AN ACT
IN RELATION TO TIME OF HOLDING DISTRICT COURT AT PORT TOWNSEND, W. T.
Be it enacted by the. Legislative Assembly of the Territory of Washington:
Section 1. That a regular term of the district court for the counties of Clallam, Island, Jefferson and San Juan, be held at Port Townsend, in Jefferson county, W. T., beginning on the 10th day of November, 1883, to continue until the business therein is disposed of, or until the same is adjourned by the judge thereof.
Sec. 2. This act to take effect and be in force from and after its approval.
Approved November 23, 1883.
AN ACT
TO PROVIDE FOR HOLDING A TERM OF THE DISTRICT COURT AT PORT TOWNSEND.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That a term of the district court of the third judicial district of this Territory, holding terms at Port Townsend, in said district, shall be held at Port Townsend,LAWS OF WASHINGTON
465
commencing on Thursday, the fifteenth day of November, A. D. 1883, and that a sufficient number of grand and petit jurors shall be summoned to attend said term, from the body of the counties of Jefferson, Clallam, Island and San Juan, upon special venires to be issued by said court.
Sec. 2. That said district court may at said terms exercise all its power and jurisdiction, to the same extent as at any regular term thereof, and may hear and determine all cases arising under the laws of the United States, and cognizable within said third judicial district.
Sec. 3. That all acts and proceedings of said district court, at the adjourned term thereof, which commenced on the tenth day of November, 1883, be and the same are hereby legalized and declared to be valid for all purposes: Provided, That this act shall not be so applied as to impair any vested rights.
Approved November 13, 1883.
AN ACT
PROHIBITING THE OWNERS OF HOGS IN WASHINGTON TERRITORY FROM PERMITING THE SAME TO RUN AT LARGE.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That owners of hogs in Washington Territory, be, and they are hereby prohibited from permiting the same to run at large, within the limits of said Territory.
Sec. 2. That the owner or owners thereof, shall be liable for the actual damages committed by his or their hogs, when running at large in said Territory, said damages to be recovered in an action at law by the person or persons suffering the same.
Sec. 3. This act shall be in force from and after its passage.
Sec. 4. All acts and parts of acts in conflict with this act are hereby repealed.
Approved November 26, 1883.466
LAWS OF WASHINGTON
AN ACT
IN RELATION TO THE CODE OF 1881, AND THE SESSION LAWS
OF 1883.
Be it enacted by the Legislative Assembly, of the Territory of Washington:
Section 1. That the Territorial auditor be, and is hereby directed to exchange and deliver to C. B. Bagley four hundred (400) copies of the code of 1881, for printed copies of the session laws of 1883, the basis of said exchange to be page for page.	•
Sec^ 2. The said session laws shall be delivered to the Territorial secretary, to be distributed according to law, and any balance remaining thereafter, shall be by him delivered to the Territorial auditor, to be retained by him subject to the order of the legislative assembly.
Sec. 3. All acts and parts of acts conflicting with this act are hereby repealed.
Sec. 4. This act to be enforced from and after its approval.
Approved November 28, 1883.
AN ACT
TO PROVIDE FOR A HERD LAW.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. Any person letting cattle, horses, mules, sheep, hogs or stock of any kind, run at large, shall be accountable for all damages said stock may commit upon cultivated lands.
Sec. 2. The owner or owners of said stock, permitting the same to run at large, shall be liable to the person or persons injured by said stock, in the full value of all property destroyed or injury committed by the same together with costs of collection.
Sec. 3. That when such stock shall be found on or about the premises where the damage was committed it shall be lawful for the owner or occupant of the premises or any person sustaining damages by such stock, to take such stock into custody, and keep the same until the amount of damages shall have been ascertained and established by a court of competent jurisdiction, when said animal or animals shall by order of the court hearing the cause and redering judgment there-zz ........../	w W
LA AYS OF WASHINGTON	467
in, be sold as under an order of execution and after satisfying the judgment in such case, and all costs, the balance shall be paid over to the owner or owners, of said animal or animals so sold, or to the person or persons in charge of the same at the time the damages were committed: Provided, That any person so taking any of such animals into his possession, shall not have the right to retain the same for more than five days without commencing a suit against the owners or keeper in charge of said animal or animals: And provided further, That if the owner or owners of any animal so taken up or the person entitled to the possession of the same, shall at any time pay or tender to the party injured all the damages he may have sustained as specified in this act, and all costs for keeping of such animal or animals taken up, he shall be entitled to immediate possession of the same: And provided further, That if the owner or keeper of any animal or animals, as aforesaid shall tender to the party so injured or damaged any sum of money as damages under this act and the said party injured or damaged shall not recover a judgment for a greater sum, on the hearing of the cause he shall not recover any cost of suit, or for kepping such animal or animals after the date of such tender.
Sec. 4. Justices of the peace shall have exclusive original jurisdiction in all cases arising under this act and any party shall have the right of appeal.
Sec. 5. This act shall take effect and be in force in such counties, as shall, at the next general election, held in accordance with the provisions hereinafter contained, by a vote of the qualified electors at such election, determine their desire for such law.
Sec. 6. Upon the presentation, 60 days or more before the next general election, of a petition signed by the legal voters of any county in Washington Territory, to the number equal to one-fourth the votes cast in said county, at the last general election, setting forth that the petitioners are desirous of having the question of enforcing this herd law in said county submitted for decision to the voters thereof, then the county, commissioners shall give due notice by publication or otherwise, that the electors in said county may at the next general election, at the time of casting his or her ballot, also vote, “herd law, yes,” or “herd law, no,” which votes shall be canvassed as other votes for county offices. If the number of votes cast for “herd law. yes” exceed the number cast for “herd law, no,” then the county commissioners of said county shall cause to be published in one or more newspapers, having a general circulation in said county, a notice that this act has been approved by that county, and this act shall take ef-468
LAWS OF WASHINGTON
feet and be in force in such county, from and after the first day of March following the publication of the above notice.
Approved November 27, 1883.
AN ACT
IN RELATION TO TRESPASS.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. Any person who shall, for purposes of hunting or fishing, enter or go upon the enclosed lands of another or upon any lake or other body of water upon the lands of another, and who shall, in pursuance of said purposes, or either of them, do or commit any act, and who shall fail, neglect or refuse to depart forthwith therefrom, and remain away until permitted to return, by the owner, or person in lawful occupation of said lands or lake, such trespasser shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by fine, of not less than five nor more than fifty dollars, and shall be committed, in default of payment of the fine and costs imposed, to the jail of the county in which the offense is committed, one day for each two dollars of said fine and costs.
Sec. 2. Printed or written notices having attached thereto, by authority, the name of the owner or person in lawful occupation of said land and requiring all persons to forbear trespassing on said lauds and to depart therefrom, posted in three conspicuous places on said lands, shall be held and deemed to be sufficient prima facie evidence of notice as mentioned in section one of this act.
Sec. 3. Justices’ courts shall have jurisdiction over all offenses defined in this act.
Sec. 4. AU fines collected under the provisions of this act shall be paid into and constitute a part of the common school fund of the county in which the offense is committed.
Sec. 5. Inasmuch as the present law is inadequate to the punishment of trespassers, this law shall take effect from and after its approval by the Governor.
Approved November 28, 1883.LAWS OF WASHINGTON	469
AN ACT
AUTHORIZING THE SALE OF REAL ESTATE ESCHEATED TO
COUNTIES.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That the county commissioners of the several counties of this Territory be, and they are hereby authorized and empowered to sell and convey at public sale, for cash or on credit, in such manner as they may deem advantageous, any real estate or other property, which may have escheated to the county by operation of law.
Sec. 2. But no such sale shall be made before the expiration of five years after the property has vested in the county.
Sec. 3. In case of a sale, a conveyance shall be executed to the purchaser, by the chairman of the board of county commissioners, and the county auditor, attested by his seal of office. Such conveyance shall refer to the order of the board, directing such sale and shall be deemed to convey all the estate, right, title and interest of the county in and to the property sold.
Sec. 4. This act shall take effect and be in force at and after its passage.
Approved November 23, 1883.
AN ACT
RELATIVE TO BARBED AND OTHER WIRE FENCES AND THE REPEAL OF CERTAIN SECTIONS OF THE CODE OF WASHINGTON.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That the following shall be considered a lawful barbed wire fence: Posts set no more than thirty feet apart; three barbed wires stretched and securely fastened to the post; the first wire twenty-two inches from the ground; the second wire thirty-four inches from the ground; the third wire forty-eight inches from the ground; four light strips or poles in every thirty feet securely fastened to the wires perpendicularly so that the spaces between the posts, strips or poles shall be about six feet apart; posts set no more than twenty feet apart with two barbed wires and one pole rail or plank or three rails shall constitute a lawful fence.470
LAWS OF WASHINGTON
— It shall be the duty of every person building and maitaining in the whole or in part a barbed wire fence, to ’eep the wires fastened to their proper places, and if upon hve days notice given to any person that his or her wire is down, he or she shall neglect to fasten the same to its proper place, he or she shall be liable to a fine of not less than ten dollars nor more than fifty dollars for every such neglect.
Sec. 3. That sections 1253, 1264 and 1265 of the Code of A ashington be and are hereby repealed.
Sec. 4. This act to be in effect from and after its approval.	1
Approved November 26, 1883.
AN ACT
AN ACT FIXING THE RATE TO BE PAID FOR PUBLIC PRINTING, AND PROVIDING FOR AUDITING THE ACCOUNTS OF PUBLIC PRINTER.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That the compensation for incidental printing for the legislative assembly shall be as follows:
For composition for all reports and pamphlets, sixtv (60)
Per thousand ems, printer’s measurement, and thirty (30) cents per token, of 250 impressions, per form, of press-work; for paper fifteen (15) cents per pound; for paper bind-ing, actual cost; for composition of all resolutions and memorials thirty (30) cents per thousand ems; for presswork thirty (30) cents per token of 250 impressions, each form, and for paper, twenty-five (25) cents per pound.
■d	T1?at	H. Hughes, E. T. Gunn, and T. M.
Heed, Territorial auditor, who shall be duly sworn, be and they are hereby appointed and constituted a board to audit the accounts of C. B. Bagley for printing the reports and pamphlets, and to audit the accounts of John M. Murphy for printing the resolutions and memorials.
Sec. 3. That the Territorial auditor shall draw his warrants on the Territorial treasury in favor of C. B. Baglev and John M. Murphy, for incidental printing as audited by said board, which amount shall be paid out of any money in the treasury, not otherwise appropriated.
Sec. 4. That William H. Hughes and E. T. Gunn be and the same are hereby allowed the sum of five (5) dollars eachLAWS
OF WASHINGTON
471
for their services upon said board, to be audited and paid in the same manner that other accounts against the Territory are paid.
Sec. 5. All acts or parts of acts in conflict with this act, be and the same are hereby repealed.
Sec. 6. This act shall take effect and be in force from and after the date of its approval by the Governor.
Approved November 27, 1883.
AN ACT
IN RELATION TO THE REMOVAL OF CAUSES TO THE SUPREME COURT.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That any person desiring to remove a cause from any district court of Washington Territory, mav do so either in person or by his attorney of record, and in the following manner: Such person or attorney, may give notice in open court, or at chambers, that he appeal such cause to the supreme court of the Territory. Such notice shall, by order of the court, or judge having jurisdiction of the caused be entered in the journal of such court, and no other service, or notice of process shall be required; and thereupon the clerk of such court shall make and certify a full and complete transcript of said cause, including the journal entries thereunto appertaining, and cause such transcript to be filed with the clerk of the supreme court within the time allowed by law; and thereupon the supreme court shall have complete and perfect jurisdiction of such cause.
Sec. 2. That the supreme court shall hear and determine all causes removed thereto, in the manner hereinbefore provided, upon the merits thereof, disregarding all technicalities.
Sec. 3. That in all causes removed to the supreme court, as in the preceding sections provided, the party so removing the same, may have the facts, or any portion thereof transmitted thereto, with the transcript of the cause; and such facts shall be certified to by the district judge before whom the cause was tried, to be all the material facts in the cause. Such facts shall be settled and agreed upon in the following-manner: The party desiring to settle a statement of facts, shall give notice to the opposite party, or his attorney of record, within thirty days after the rendition of the judg-472
LAWS OF WASHINGTON
ment or order desired to be reviewed, upon a day therein named, which day shall be at least ten (10) days after the day of service; and upon such day the parties or their attorneys shall appear before the court or judge, before whom the cause was tried, for the purpose of settling the statement of fates, and such judge shall sign any statement agreed upon by the parties, or their attorneys. If a disagreement occurs, the court, or judge shall settle as between the parties what is the proper statement, in so far as the disagreement exists; and when such statement is so settled, it shall be signed by such judge, and certified in the manner hereinbefore provided.
Sec. 4. It shall be no objection to any statement of fact, that such statement does not contain all the facts, or evidence in the cause, but the certificate of the judge of the court below, that such statement contains the material facts in the cause, shall, for every purpose, be deemed sufficient.
Sec. 5. The notice of appeal, hereinbefore provided for, may be given at any time, within six months after the rendition of the judgment, order, or decision intended to be removed to the supreme court.
Sec. 6. All acts and parts of acts, so far as thej7 conflict herewith, are hereby repealed.
Approved November 23, 1883.
AN ACT
TO PROTECT CARP, CATFISH, AND OTHER IMPORTANT FOOD FISH, IMPLANTED IN THE LAKES, OR RIVERS OR CREEKS OF THIS TERRITORY.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That it shall be unlawful for any person, or persons, to take from the lakes, rivers or creeks of this Territory, any carp, catfish, black bass rock bass or any important food fish ,which may be implanted in the lakes or rivers of this Territory, for a period of two years from the approval of this act by the Governor.
Sec. 2. Any person, or persons, violating the provisions of the first section of this act, shall, on conviction thereof, be fined for the first offense not less than twenty-five dollars ($25), and for the second, and subsequent offenses, not lessLAWS OF WASHINGTON
473
than fifty dollars ($50), to which may be added imprisonment in the county jail not exceeding thirty (30) days.
Sec. 3. This act shall take effect and be in force from and after its passage and approval by the Governor.
Approved November 28, 1883.
AN ACT
IN RELATION TO SAW LOGS AND OTHER TIMBER.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That it shall be unlawful for any person or persons, to take up saw logs, hewn or other timber of value, found adrift on any bay, harbor or river in this Territory, that shall be marked with any mark or brand, without permission of the owner or agent thereof: Provided, The person claiming such mark or brand, shall have had a copy thereof, recorded in the county wherein he resides.
Sec. 2. Any person violating the provisions of this act, shall be deemed guilty of a misdemeanor, and on conviction, shall be fined in any sum not exceeding three hundred dollars and stand committed until paid: Provided, That the provisions of this act apply only to the counties of Whatcom and Snohomish.
Sec. 3. All acts and parts of acts in conflict with this act be and the same are hereby repealed.
Sec. 4. This act to take effect and be in force from and after January 1st, 1884, and after its passage and approval.
Approved November 28, 1883.
AN ACT
DEFINING THE TIME IN WHICH TERRITORIAL WARRANTS SHALL BE PRESENTED FOR PAYMENT AND IN RELATION TO THE CANCELATION OF UNPAID WARRANTS.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That all warrants drawn on the Territorial treasury, shall be presented for payment within the period474
LAWS OF WASHINGTON
of five years after the date of the issue thereof; and should the pay ee or legal holder of any such warrant or warrants, neglect or fail to present the same for payment within the time heiein specified, it shall be the duty of the Territorial auditor to enter the same as cancelled on the books of his office and to notify the Territorial treasurer of such cancellation: Pro-should the payee or legal owner of any such cancelled warrant or warrants present the same for payment after the lapse of five years from the date of the issue thereof, the Territorial auditor may upon proper showing, bv affidavit and the delivery of the cancelled warrant into his his possession, issue a new warrant in lieu thereof, on the Territorial Treasurer and the said treasurer is authorized to pay the same as other warrants are paid.
Sec. 2. All outstanding warrants, issued five vears prior to the approval of this act, shall, if not paid within one year from the date hereof, be cancelled by the Territorial auditor, as provided in section two (2) of this act.
Sec. 3. This act to take effect and be in force from and after its approval.
Approved November 28, 1883.
AN ACT
SUBMITTING TO THE VOTERS OF WASHINGTON TERRITORY THE QUESTION OF TAXING CHURCH PROPERTY.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section L That there shall be submitted to the legal voters of the Territory of Washington at the next general election in 1884, the question of taxing church propertv within said Territory.
Sec. 2. The manner of voting on said proposition shall be: church property tax, yes,” and church property tax, no, and all tickets on which shall be written or printed ‘church property tax, yes,” shall be counted in favor of taxing church property, and all tickets upon which are written or printed the words “church propertv tax, no.” shall be counted against taxing church property/
votes cast at said election, on said question, shall be counted, canvassed and returned to the secretary of the Territory in the manner now required in the returns of votes in elections for delegate to congress.LAWS OF WASHINGTON
475
Sec. 4. If it shall appear that at such general election a majority of the votes cast on said question, are in favor of taxing said property, then it shall be the duty of the next leg islature that may assemble, after said general election, to provide by law for taxing church propertv, and do all other acts proper and necessary to give effect to the popular will.
Sec. 5. This act to take effect from and after its an-proval.
Approved November 28, 1883.
AN ACT
7 0 FIX THE TIME OF CONVENING OF THE LEGISLATIVE ASSEMBLY OF THE TERRITORY OF WASHINGTON.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That the regular biennial session of the legislative assembly of the Territory of Washington, shall commence at the capital of the Territory on the first Mondav of December, A. D. 1885, and in each alternate year therafter and continue for sixty days, unless sooner adjourned.
Sec. 2. All acts and parts of acts in conflict this act are hereby repealed.
Approved November 13, 1883.
AN ACT
RELATING TO CERTAIN CONTRACTS FOR THE CONDITIONAL SALE OR LEASE OF RAILROAD EQUIPMENT AND ROLLING STOCK, AND PROVIDING FOR THE RECORDING THEREOF.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. In any contract of, or for the sale of railroad equipment or rolling stocks, it shall be lawful to agree that the title to the property sold, or contracted to be sold, although deliverable immediately, or at any time or times subsequently, shall not vest in the purchaser, until the purchase price shall be fully paid, or that the seller shall have and retain a lien thereon for the unpaid purchase money, and in any476
LAWS OF WASHINGTON
contract of, or for the leasing of such property, it shall be lawful to stipulate for a conditional sale thereof at the termination of such lease, and that the rentals received may, as paid, be applied and treated as purchase money, and that the title to the property shall not vest in the lessee or vendee until the purchase price shall be paid in full, notwithstanding delivery to, and possession by, such lessee or vendee: Provided, That no such contract shall be valid as against any subsequent judgment creditor, or any subsequent bona fide purchaser for value and without notice, unless—
First—The same shall be evidenced by an instrument duly acknowledged before-some person, authorized by law to take acknowledgments of deeds.
Second—Such instrument shall be filed for record in the office of the county auditor of the county in which, at the time of the execution thereof, is situated the principal office of the vendee or lessee within this Territory.
Third—Each locomotive, engine or car so sold, or contracted to be sold, or leased as aforesaid, shall have the name of the vendor or lessor, plainly marked on each side thereof, followed by the word “owner” or “lessor,” as the case may be.
Sec. 2. The contracts, herein authorized, shall be recorded by the said county recorder, in the book of records of mortgages of real estate in said county; and on payment in full of purchase money, and the performance of the terms and conditions stipulated in any such contract, a declaration in writing to that effect shall be made by the vendor, or his assignee, which declaration may be made on the margin of the record of the contract, attested by the said recorder, or it may be made by a separate instrument, to be acknowledged and recorded as aforesaid, and for such services, the county recorder shall be entitled to the fees provided by law, for the recording of deeds and mortgages of real estate.
Sec. 3. This act shall take effect and be in force from and after its passage.
Approved November 28, 1883.
AN ACT
TO PROVIDE FOR THE PAYMENT OF DAMAGES, GROWING OUT OF THE CHANGES OF GRADES IN THE STREETS OR SIDEWALKS OF CITIES AND INCORPORATED VILLAGES.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That when the grade of any street or sidewalkLAWS OF WASHINGTON
477
in anj city or incorporated village, shall be established by the corporate authority of such city or village, and a building sha 1 thereafter be constructed upon said street, no change in made in the grade of such street or sidewalk which sha require the raising or lowering of any building so const! ucted until the damages which may accrue by reason of such raising or lowering shall be appraised and ascertained as rs hereinafter provided.
Sec. 2. In case the corporate authority of such city or village, and the owner of such building, shall be unable to agree upon the amount of such damages such authority shall appornt three disinterested freeholders of such city or vil-Ltgc to appraise such damages. The appraisers so appointed, after being duly sworn, shall appraise such damage, and make two written reports thereof, signed by at least a majority of them, one of which shall be delivered to the clerk of such city or village, to be immediately filed in his office, and the other to the ow ner of the building.
Sec. 4. Such report shall be made and delivered within ten days after the appointment of the appraisers.
Sec. 5. Within twenty days after the filing of the reporr, with the clerk, either party feeling dissatisfied with such appraisement, may file in the office of the clerk of the district court, within the county in which such city or village is located, a copy of such report, certified by the clerk of such city or village, whereupon the clerk of the district court shall cause the same to be entered on the trial docket of the next term of such court.
Sec. 6. Such city or village shall be plaintiff and the owner of the building shall be defendant, the question of damages shall be tried by a ury, or with the consent of the parties, by the court.
Sec. 7. The report of the appraisers shall be the complaint, and the defendant may file such pleadings as the court may allow.
Sec. 8. In case the owner of the building takes the appeal, and the damages are not increased, or in case the city or village takes the appeal, and the damages be decreased in the district court, the costs shall be taxed to the defendant. In all other cases, and in case no appeal is taken, all costs shall be taxed to, and paid by the city or village.
Sec. 9. The damages awarded by the appraisers, or assessed by the jury or court, in case of appeals, shall be paid by the city or village in the same manner that other debts or liabilities of such city or village are paid.478
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Sec. 10. This act shall take effect from and after its approval.
Approved November 28, 1883.
AN ACT
TO PROVIDE FOR THE LEVY AND COLLECTION OF TAXES UPON THE PROPERTY OF RAILROAD COMPANIES IN THIS TERRITORY.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. In lieu of any and all other taxes upon any railroad, except railroads operated by horse power, within this Territory, or upon the equipment, appurtenances or appendages thereof, or upon any other property situated in this Territory, belonging to the corporation owning or operating such rail roads, or upon the capital stock or business transactions of such railroad company, there shall hereafter be paid into the treasury of this Territory, a percentage of all the gross earnings of the corporation owning or operating such railroad, arising from the operation of such railroad as shall be situated within this Territory, as hereinafter stated, that is to say: Every such railroad corporation or person operating a railroad in this Territory shall pay to said treasurer each year, for the first five years after said railroad shall be or shall have been operated, in whole or in part, two (2) per centum of such gross earnings; and for and in each and every year, after the expiration of the said five years, three ^3) per centum of the said gross earnings; and the payment of such per centum annually as aforesaid shall be and is in full of all taxation and assessments, whatever, upon the property aforesaid. The said payments shall be made one-half (4) oil or before the loth day of February, and one-half Q) on or before the loth day of August, in each year; and for the purpose of ascertaining the gross earnings aforesaid, an accurate accurate account of such earnings shall be kept by said company, an abstract whereof shall be furnished by said company to the treasurer of this Territory, on or before the first day of February, in each year; the truth of which abstract shall be verified by the affidavits of the treasurer and secretary of said company, and for the purpose of ascertaining the truth of such affidavits and the correctness of such abstracts, full power is hereby vested in the governor of this territory,LAWS OF WASHINGTON
479
or any other person appointed by law, to examine under oath, the officers and employes of said company, or other persons; and if any person so examined by the governor or other authorized person, shall knowingly or willfully swear falsely < oik ei ning the matter aforesaid, every such person is declared to have committed perjury. And for the purpose of st < ui ing to the territory the payment of the aforesaid per centum it is hereby declared that the territory shall have a hen upon the railroad of said company and upon all property estate and effects of said company whatsoever, personal, real or mixed, and the lien hereby secured to the Territory shall have and take precedence of all demands, decrees and judgments against said company.
Sec. 2; If any railroad company in this territory shall fail to make returns of its gross earnings as aforesaid, or of any part thereof, at the time and in the manner provided bv law, and such default shall continue during the period of thirty (30) days, such company shall be subject to a penalty in an amount equal to twenty-five (25) per cent, of the tax'imposed upon such company by this act and the treasurer of the territory shall forthwith ascertain the amount of such tax justly due from such company as nearly as may be, from such e' idence as may be available, and shall thereupon collect such tax as so ascertained, together with the said penalty thereon. The amount of tax ascertained by the territorial treasurer as in this section provided shall, together with the said penalty thereon, be by him entered in the books of his office; and such entry, when so made shall stand in the place of the report required by law to be made bv such company and shall in all courts within this Territory’, be evidence of the amount of such tax and penalty, and of the other facts stated therein in pursuance of this act.
Sec. 3. In case any railroad company shall fail or neglect to pay the taxes reported by it to be due, in pursuance of this act, for the period of thirty (30) days after the same shall have become due by the terms thereof, in such case there shall be added to the amount of such tax ten (10) per centum thereof, as a penalty for such failure or neglect to pay.
Sec. 4. At any time after the expiration of the period of thirty (30) days after any tax has become due and pavable under the provisions of this act. the Territorial treasurer or his deputy shall distrain sufficient goods, chattels or other movable property if found within this Territory to pay the taxes or per centum due from such corporation, together with the penalty thereon, herein provided; and shall immediately advertise the sale of the same in at least three newspapers published within this Territory, stating the time when,480
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and the place where such property shall be sold; such sales shall take place at some point on the railroad of such delinquent company and at least four (4) weeks’ notice of the time and place of such sale shall be given. Such delinquent company, its successors or assigns, may pay any such taxes and penalty, at any time before the sale of property distrained as herein provided; and thereupon further proceedings in connection with such distress shall cease, and the property distrained, be surrendered to the owner thereof.
Sec. 5. The lands of any railroad company shall become subject to taxation in the same manner as other similar property, as soon as the same are sold, leased or contracted to be sold or leased; and on or before the first day of April, of each year, each railroad company having land within this Terrritory, shall return to the county auditor, of each county, full and complete lists, verified by the affidavits of some officer of the company, having knowledge of the facts, of all lands of such company, situated in said county, sold or contracted to be sold or leased, during the year ending the last day of December preceding; and the list furnished on or before the first day of April, A. D., 1884, in compliance with the terms of this section, shall include a complete list of all lands sold or leased, or contracted to be sold or leased prior to the last day of December, A. D., 1883.
Sec. 6. The moneys received and collected by the Territorial treasurer, in pursuance of this act, shall be disposed of by him as follows: One-third (1-3) thereof shall be retained in the Territorial treasury for the use of the Territory, and the remainder shall be apportioned among the several counties into or through which the railroads respectively run in proportion to the number of miles of main track situ ated in each county respectively.
Sec. 7. All acts or 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.
Approved November 28, 1883.
AN ACT
RELATIVE TO FILLING VACANCY IN BOARD OF COUNTY COMMISSIONERS.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That whenever a vacancy occurs iu the
SITLAWS OF WASHINGTON
481
board of county commissioners in any county in the Territory of ashington, either by death, resignation, failure/to qualify, wr otherwise, then at the first regular meeting of the board of county commissioners, the remaining county commissioners and the probate judge, shall appoint some qualified elector to fill the vacancy; Provided, however, That if in any districted county, a vacancv occurs by failure of qualification, then the old commisssioner shall hold over until his successor is elected and qualified.
Sec. 2. I his act to be in force from and after its approval.
Approved November 23, 1883.
AN ACT
TO REPEAL AN ACT ENTITLED, “AN ACT TO REGULATE THE SALE OF EGGS BY WEIGHT,” APPROVED NOVEMBER 12, 1875.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That an act entitled “An act to regulate the sale of eggs by weight,” approved November 12, 1875, be and the same is hereby repealed.
Sec. 2. This act to take effect and be in force after its approval by the Governor.
Approved November 23, 1883.
AN ACT
TO PROHIBIT THE SALE OF TOY PISTOLS, FIRE ARMS AND TOBACCO TO CHILDREN UNDER THE AGE OF SIXTEEN YEARS.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That it shall be unlawful for any person or persons, to sell or offer for sale, any toy pistols within this Territory, and that every person who shall sell, give, furnish, or cause to be furnished to any person under the age of sixteen years, any pistol, toy pistol or other pocket weapon, in which explosives may be used, shall be deemed guilty of a misdemeanor, and upon conviction, shall be fined482
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in any sum not less than five, nor more than twenty-five dollars.
Sec. 2. Every person who shall sell, give, furnish, or cause to be furnished to any person under the age of sixteen (16) years, any 'cigarette, cigar or tobacco, in any form without the written consent of the parents or guardian of the person of such minor, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in any sum, not less than ten (10) dollars, nor more than fifty dollars.
Sec. 3. This act to take effect and be in force, from and after January 1, 1884.
Passed November 28, 1883.
Approved; but no date given.
AN ACT
TO PRESERVE AND PROTECT THE LANDS RESERVED FOR THE USE OF SCHOOLS IN THIS TERRITORY.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That the board of county commissioners, of the several counties of this Territory, be and are authorized and empowered, for and in the name of the Territory, to have the care, custody and management of all lands, in their several counties, reserved by Congress, for the use of schools within the Territory, under the provisions of section twenty of the organic act of March, 1853, and section 1947, of the Revised Statutes of the United States.
Sec. 2. In case any person or persons, association or associations, or corporation have or shall hereafter enter or attempt to enter any part of sections 16 and 36, so reserved, as aforesaid, the said board of commissioners are authorized in the name of the Territory, to appear by counsel, before the several land offices, and departments, and contest any and all such entries, and attempted entries.
Sec. 3. In the event that it shall, in the opinion of such boards, be deemed necessary to prosecute or defend any actions in any of the courts, to protect and preserve such lands, the prosecuting attorneys of the several districts, shall appear, and prosecute and defend such actions, on request of said boards; and the boards, at the expense of the county, may, if they deem best, employ additional counsel to aid therein.	.LAWS OF WASHINGTON
483
Sec. 4. This act shall take effect and be in force, from and after its approval by the Governor.
Approved November 28, 1883.
AN ACT
TO ESTABLISH AND PROVIDE FOR FREE SCHOLARSHIPS IN THE TERRITORIAL UNIVERSITY.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That it shall be lawful for the appointment and establishment of thirty-six free scholarships in the Territorial University, the appointments to be made as hereinafter provided.
Sec. 2. That each councilman of the Legislative Assembly, shall have authority to appoint one person, to a scholarship from his council district, and each representative in the house of representatives, of the legislative assembly, shall have authority to appoint one person, to a scholarship from the county or district represented by him; Provided, That should there be found no qualified person, in any council or representative district, desiring to accept a free" scholarship in said university, after due and reasonable notice, given by the councilman or representative of said district, then said appointment, may be made from any other portion of the Territory.
Sec. 3. That no person shall be appointed to, or hold a free scholarship in said university, who, at the time of his or her appointment, is under fourteen years of age, or over twenty-one years of age, nor who shall not have been a bona fide resident of the territory at least six 'months prior to the date of said appointment.
Sec. 4. Every appointment made under the provisions of this act, shall be in duplicate form; one copy of which shall be sealed and addressed to the Territorial auditor, and filed in his office, and the other copy, sent to the secretary of the board of regents, of the university, within ten days after the date of said appointment.
Sec. 5. At the close of each quarter of the school term, following the appointment of one or more scholarships to the university, the secretary of the board of regents, shall prepare and file, in the office of the Territorial auditor, a tabular statement, showing the name, age, residence, date of appoint-484
LAWS OF WASHINGTON
ment, and by whom appointed, and the name of the parents or guardian of each person, holding a free scholarship in said university.
Sec. 6. Any scholarships made under the provisions of this act, shall entitle the holder thereof, to two years, free tuition in said university, of not less than nine months in each year, in separate terms of three months each.
Sec. 7. Any vacancy by resignation, death, expulsion, or removal from the Territory, in any appointment of scholarship, under the provisions of this act, may be filled by appointment, for the unexpired term of said scholarship, by the councilman or representative, making such appointment.
Sec. 8. This act to take effect and be in force, from and after its approval.
Approved November 23, 1883.
AN ACT
TO REPEAL AN ACT IN RELATION TO ELECTION OF OFFICES IN NEWLY ORGANIZED COUNTIES.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Sec. 1. That an act entitled “An act providing for the election of officers of newly organized counties,” approved November 11, 1875, be and the same is hereby repealed.
Sec. 2. This act to take effect and be in force from and after its approval.
Approved November 23, 1883.
AN ACT
IN REGARD TO DUTIES OF JUSTICES OF THE PEACE.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Sec. 1. That from and after the passage of this act it shall be the duty of all justices of the peace within this Territory, before whom any person or persons shall be committed or held to bail to answer for any crime, to return their proceedings to the clerk of the district court within ten daysLAWS OF WASHINGTON	485
after the final hearing and committment, or holding to bail, as aforesaid, and any justice of the peace who shall fail or neglect to make such return shall not be entitled to receive any fees or costs in such case.
Sec. 2. This act to take effect and be in force from and after its approval.
Approved November 26, 1883.
AN ACT
PRESCRIBING THE MODE OF MAINTAINING AND DEFENDING POSSESSORY ACTIONS ON UNSURVEYED PUBDIC LANDS IN THIS TERRITORY.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Whereas, A great many citizens of the United States are now settling upon and cultivating the unsurveyed government lands in this Territory; and, as many years may elapse before the government surveys will be extended over the said lands, so that the settlers upon the same, can take them under the laws of the United States, and defend them against the trespass of others, therefore:
Section 1. That any person now occupying and settled upon, or who may hereafter occupy or settle upon any of the unsurveyed public lands not to exceed 160 acres in this Territory, for the purpose of holding and cultivating the same, may commence and maintain any action, in any court of competent jurisdistion, for interference with or injuries done to his or her possessions of said lands, against any person or persons so interfering with or injuring such lands or possessions: Provided, always, That if any of the aforesaid class of settlers are absent from their claims continuously, for a period of six months in any one year, the said person or persons shall be deemed to have forfeited all rights under this act.
Sec. 2. Any person or persons, who shall willfully and maliciously disturb, or in any wise injure, or destroy the dwelling house, or other building, or any fence inclosing, or being on the claim of any of the aforesaid class of settlers, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than fifty nor more than may be added imprisonment in the county jail, not exceeding one hundred (100) dollars, for each and every offense, to which ninety (90) days.486
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Sec. 3. Any person or persons, who shall willfully, or maliciously set fire to any dwelling, or other building, of any of the aforesaid class of settlers, shall be deemed guilty of arson, and subject to the penalties of the law in such cases, made and provided.
Sec. 5. This act shall be in force from and after its approval by the Governor.
Approved November 26, 1883.
AN ACT
IN RELATION TO TERRITORIAL CONVICTS AND PROVIDING ROTICES OF CONVICTIONS TO BE FILED WITH THE TERRITORIAL AUDITOR.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That in all convictions for felony, punishable by imprisonment in the Territorial penitentiary, the clerk of the district court, in which any such conviction shall have occurrred, shall, forthwith, after sentence, certify the fact of such conviction to the Terrritorial auditor, giving date of such sentence, the name and age, (if known,) of the party, the nature of the crime, for which convicted, and the duration of sentence imposed by court.
Sec. 2. It shall be the duty of the superintendent, or keeper of the Territorial penitentiary, immediately upon the expiration of the time for which any prisoner confined in the Territorial prison is convicted, or upon the death, pardon, release or escape of any such prisoner, to give official notice thereof to the Territorial auditor. It shall be the duty of said superintendent or the keeper of the prison, on or before the first day of Januarry, 1884, to make out a detailed report to rhe Territorial auditor, to be filed in his office, showing:
First—The names of all prisoners committed to the penitentiary from and after the first day of June, 1878;
Second—The county or district from which committed;
Third—The nature of the crime for which convicted;
Fourth—The duration of the sentence, also the names and number of all those who have died, who have been discharged, or who have escaped from said penitentiary, since the said first day of June, 1878.
Sec. 3. . Should the superintendent or keeper of the Territorial penitentiary, neglect or refuse to give the notice toLAWS OF WASHINGTON	487
the Territorial auditor, as provided in section two (2) of this act, he shall, upon conviction thereof, be deemed guilty of a misdemeanor, and shall be subject to a fine, in any sum, not exceeding five hundred dollars, in any court of competent jurisdistion, and shall stand committed, until said fine is paid.
Sec. 4. It shall be the duty of the Territorial auditor to keep a public record of all convictions of parties sentenced to the Territorial penitentiary; such record to embody the full data of facts, reported to him, under sections one (1) and two (2) of this act.
Sec. 5. This act to take effect and be in force from and after its approval by the Governor.
Approved November 28, 1883.
AN ACT
IN RELATION TO PROSECUTING ATTORNEYS, DEFINING THEIR DUTIES AND FIXING THEIR COMPENSATION.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That at the general election in the year one thousand and eight hundred and eighty-four, for delegate to congress, and every two years thereafter, there shall be elected in the first judicial district, by the qualified voters of the counties of Walla Walla, Columbia, Garfield, Whitman, Spokane, Stevens, Lincoln and Asotin, one prosecuting attorney, for each of said counties, except the counties of Columbia, Garfield and Asotin, which shall have one prosecuting attorney jointly, and the counties of Spokane, Stevens and Lincoln, which shall have one prosecuting attorney jointly.
Sec. 2. The second judicial district, is divided into three prosecuting attorney districts; and each of said districts shall, on the general election, in the year one thousand eight hundred and eighty-four, and every two years thereafter, elect one prosecuting attorney.
Sec. 3. The counties of Yakima, Klickitat, Skamania and Clark, shall constitute the first prosecuting attorney district.
Sec. 4. The counties of Cowlitz, Wahkiakum, Pacific, Chehalis, Mason and Thurston, shall constitute the second prosecuting attorney district, and the county of Lewis, shall constitute the third prosecuting attorney district.
Sec. 5. The third judicial district be, and the same is488
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hereby divided into three prosecuting attorney districts; and each of said prosecuting attorney districts, shall, at the general election, in the year one thousand eight hundred and eighty-four, and every two years thereafter, elect one prosecuting attorney.
Sec. 6. The county of Pierce shall elect one prosecuting attorney; the counties of King, Kitsap and Snohomish shall elect one prosecuting attorney jointly; the counties of Whatcom, Island, Jefferson, Clallam, San Juan and Skagit shall elect one prosecuting attorney jointly.
Sec. 7. Each prosecuting attorney, elected under this act, shall be a practicing attorney at law. and have the qualifications of an elector, and shall reside in and be an inhabitant of the county or district for which he is elected, and shall continue in office, for the term of two years, from and after the second Monday in January, after his election and qualification, and until his successor is elected and qualified.
Sec. 8. The county auditors of the several counties shall make out under their hands, and seals of their office, a certificate showing the number of votes given in their respective counties, for each person for prosecuting attorneys, and transmit the same to the secretary of the Territory, and said votes shall be canvassed by said secretary, and he shall issue a certificate of election to the person receiving the highest number of votes, in each of said counties or district, and the person so receiving the highest number of votes in each of said counties or district, shall be the prosecuting attorney of said county or district, and he shall be commissioned by the Governor. The county auditor shall transmit the certificate of the votes herein required, to said secretary, within four weeks after said election.
Sec. 9. Every prosecuting attorney, before entering upofi the duties of his office, shall take and subscribe an oath, faithfully to discharge the duties of his office as prosecuting attorney for the district or county which he was elected. Such oaths shall be in writing, certified by an officer authorized to administer oaths, and it shall be filed in the office of the secretary of the Territory, and moreover, the said prosecuting attorney shall, give to the Territory of Washington a bond in the sum of two thousand dollars, with good and sufficient surety, conditioned that he will faithfully discharge the duties of his office according to law, which bond shall be approved by the judge of the district for which he was elected, and filed in the office of the secretary of the Territory, with said oath of office.
Section 10. Each prosecuting attorney shall be the legal adviser of the board of county commissioners for the countyLAWS OF WASHINGTON
489
or district for which he was elected; he shall also prosecute all criminal and civil actions in which the Territory or any county within his district may be a party; defend all suits brought against the Territory, or any county composing his district, and prosecute all forfeited recognizances, bonds and actions for the recovery of debts, fines, penalties and forfeitures accruing to the Territory, or any county within his district: Providing, The commissioners of any county may employ other attorneys, when they may deem it for the interest of their county.
Sec. 11. The prosecuting attorney of any county or district, from which an appeal, or writ of error, is taken to the supreme court, shall appear in behalf of the Territory or county, in the supreme court, in all cases in which the Territory or any county in his district is interested, and prosecute or defend the same as the case may be.
Sec. 12. Each prosecuting attorney, when required by the board of county commissioners of any county in his district, or by the president of such board, shall give to such board of county commissioners, in writing if so required, his legal opinion, touching any subject which such board of county commissioners may be called or required to act upon, relating to the management of county affairs.
Sec. 13. The prosecuting attorney, in each county or district, is hereby required to give legal advice, when required, to all county and precinct officers, and directors and superintendents of common schools, in all matters relating to their official business; and, when so required, he shall draw up, in writing, all contracts, obligations and like instruments of an official nature, for the use of said officers.
Sec. 14. It shall be the duty of the prosecuting attorney to visit once in each year, the offices of the county.auditors of the several counties in his district, and he shall then examine the official bonds of all county and precinct officers on file in such offices; and it is made his duty to report to the board of county commissioners of their respective counties, any defect in the bonds of any public officer in such county? He shall also, once in each year, examine the public records and books of the auditor, assessor, treasurer, superintendent of common schools, and sheriff of each county in his district, and report to the board of county commissioners, of their respective counties, any failure, refusal, omission or neglect of such officers, to keep such records and books as required by law.
Sec. 15. Whenever a petition for divorce remains undefended, it shall be the duty of the prosecuting attorney to resist such petition; but no such petition shall be heard by the court, nor shall said prosecuting attorney be required to ap-490
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pear, and defend the same, until the sum of fifteen dollars be deposited by the plaintiff, with the clerk of the court, as the fee of such prosecuting attorney.
Sec. 1G. No prosecuting attorney shall be allowed to conduct any suit for divorce on the part of the petitioner or applicant, in the courts of this Territory, nor shall any partner in the practice of the law, or attorney having his office with the prosecuting attorney of this Territory, be allowed to prosecute any suit in behalf of the petitioner or applicant for a divorce in the courts of this Territory.
Sec. 17. No prosecuting attorney shall receive any fee, or reward, from any person, on behalf of any prosecution, for any of his official services, except as provided in this act; nor shall he be engaged as counsel for a party in any civil action depending upon the same facts as a criminal prosecution.
Sec. 18. Each prosecuting attorney shall, on the thirty-first day of December in each year, make to the Governor of the Territory a report setting forth the amount of business transacted by him in that year, with such other statements and suggestions as he may deem useful.
Sec. 19. When any prosecuting attorney fails, from sickness or other cause, to attend a term of the district court of tbe district or county for which he was elected, or is unable to perform his duties at such term, the court or judge may appoint some qualified person to discharge the duties for such term; and the person, so appointed, shall receive a compensation, to be fixed by the court, to be deducted out of the Territorial salary of such prosecuting attorney, not exceeding, however, one-fourth of the quarterly salary of such prosecuting attorney.
Sec. 20. When a vacancy occurs in the office of prosecuting attorney, in any district or county, it shall be the duty of the Governor to appoint some qualified person to discharge the duties of the office until the next general election for delegate to congress, and until another prosecuting attorney shall be elected and qualified: Provided, That the person so appointed shall be duly qualified as provided in section seven of this act.
Sec. 21. Each prosecuting attorney, elected under this act, shall receive a yearly salary as follows: The prosecuting attorney for the county of Walla Walla shall receive a salary of five hundred dollars; the prosecuting attorney for the counties of Columbia, Garfield and Asotin shall receive a yearly salary of five hundred dollars; the prosecuting attorney for the county of Whitman shall receive a yearly salary of five hundred dollars; the prosecuting attorney for the counties of Spokane, Lincoln, Douglas and Stevens shall receive aLAWS OF WASHINGTON
491
yearly salary of five hundred dollars; the prosecuting attorneys for the counties of Clarke, Skamania, Klickitat and Yakima shall receive a yearly salary of nine hundred and fifty dollars; the prosecuting attorney for the counties of Mason, Chehalis, Pacific, Wahkiakum, Cowlitz and Thurston shall receive a yearly salary of seven hundred and fifty dollars; and the prosecuting attorney for the county of Lewis shall receive a salary of three hundred dollars; the prosecuting attorney for the county of Pierce shall receive a yearly salary of five hundred dollars; the prosecuting attorney of the counties of King, Kitsap and Snohomish shall receive a yearly salary of nine hundred dollars; the prosecuting attorney for the counties of Jefferson, Island, Clallam, Skagit, San Juan and Whatcom shall receive a yearly salary of six hundred dollars; said sums to be paid quarterly, out of the Territorial treasry, out of any funds in the treasry not otherwise appropriated, upon presentation to the Territorial treasurer of the proper warrant therefor, which warrant shall be paid in its regular numerical order.
Sec. 22. Each prosecuting attorney shall receive for his services in prosecuting and defending civil actions, for any county within his district, and for legal advice to board of county commissioners, and county and precinct officers, and for such other duties as may be required in sections twelve and thirteen of this act, and any other duties imposed by law, the following sums annually to be paid out of the county treasury of each county within his county or district, on the warrant of the county auditor of any such county, who shall take said prosecuting attorney’s receipt for the amount of said warrant; that is to say, in counties where the population is one thousand or less, the sum of fifty dollars, and for anv additional number of inhabitants above one thousand, at the rate of twenty-five dollars per thousand, out of any money in the general fund of the county, not otherwise appropriated; he shall also be entitled to receive for all amounts collected by him for the Territory, or for his county or district, ten per cent, on the amount collected; Provided, That in the counties of Walla Walla. Whitman. Columbia, Garfield, Spokane, Stevens, Lincoln and Asotin the prosecuting attorneys shall receive the sum of seventy-five dollars where the population is one thousand or less, and for any additional number of inhabitants above one thousand ar the rate of fifty dollars per thousand.
Sec. 23. Each prosecuting attorney, elected under this act. ay appoint one or more deputies, not to exceed two. who shall have the same power in all respects as their principal; the appointment shall be in writing, and shall be signed by the
492	LAWS OF WASHINGTON
prosecuting attorney, and shall be filed in the auditor's office of the county where the court is held. He may revoke the appointment of any deputy at will, by writing filed in the same office. Each deputy shall be qualfied as provided in section seven of this act, and shall, before entering upon his duties, take the oath of office, which shall be endorsed upon his appointment. The prosecuting attorney may take from each of his deputies a bond with sureties for the faithful performance of his duties; but the prosecuting attorney and the sureties on his bond shall be liable for all the official acts of his deputy; Provided, Such deputy shall receive his compensation from his principal, and no additional fees or salary shall be allowed any prosecuting attorney for such purposes.
Sec. 24. The prosecuting attorney, when not in attendance upon the district court, shall institute and prosecute proceedings before magistrates for the arrest of persons charged with, or reasonably suspected of, public offenses, when he has information that any such offense has been committed, and shall for that purpose attend when required by them. The prosecuting attorney shall also attend and appear before, and give advice to, the grand jury when cases are presented to them for their consideration, and shall draw all indictments when required by the grand jury. It shall be the duty of the prosecuting attorneys, elected under this act, to carefully tax all cost bills in criminal cases arising in their respective counties or districts, and they shall take care that no useless witness fees are taxed as part of such cases, and that the officers, authorized to execute process, tax no other or greater fees than the fees allowed by law; Provided. That if they are not present at the trial of any criminal case, before any justice of the peace, and the cost bill in such last case is lodged with the county commissioners for such payment the said prosecuting attorney shall have the right to receive and retax the same, and it is made his duty so to do,if the board of county commissioners deem the bill exorbitant or improperly taxed.
Sec. 25. The prosecuting attorneys heretofore elected, and now exercising the duties of the office of prosecuting attorney, shall continue in office, until the second Monday in January, one thousand eight hundred and eighty-five, and until their successors are elected and qualified.
Sec. 26. No other or greater fees or salary, than herein provided, shall be allowed or paid to any prosecuting attorney in this Territory.
Sec. 27. All acts and parts of acts in any manner conflicting with the provisions of this act be, and the same are hereby repealed; Provided, however, That nothing herein contained shall be construed as repealing one act or part of anLAWS OF WASHINGTON
493
act imposing an additional duty on prosecuting attorneys; Provided further, That the provisions contained in sections 12, 13, 14, 18 and 22 of this act shall not apply to any of the counties composing the second judicial district.
Sec. 28. This act shall take effect and be in force from and after its passage.
Approved November 23, 1883.
AN ACT
TO PROVIDE FOR THE CONSTRUCTION OF DITCHES, DRAINS OR WATERCOURSES.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That the county commissioners of any county in the Territory shall have power to cause to be established, located and constructed, for agricultural or sanitary purposes, as hereinafter provided, any ditch, drain, or watercourse within said county.
Sec. 2. Any person owning, possessing, or occupying any swamp, wet, marsh, or overflowed lands, in the Territory, who shall desire to drain the same, when he shall deem it necessary, in order thereto that a ditch or drain, should be opened through lands belonging to other persons, in case the owners of said lands shall refuse to permit the opening of said ditch or drain, through the same, or if the parties cannot agree upon the terms thereof, he shall make application in writing, to the board of county commissioners, of the county, in which such swamp, wet, marsh, or overflowed lands shall be situated, to enquire and determine whether such swamp, wet, marsh, or overflowed lands, are a source of disease, and whether the public health would be promoted by draining the same, or whether such ditch or drain is necessary for the proper cultivation of the same, and whether the permanent assessed value of the same would be increased by such drain said application shall be filed with the county auditor, together with a good and sufficient bond, conditioned to pay all costs and expenses of location and appraisement, should the county commissioners grant said application, at least thirty days before a regular meeting of the board of county commissioners.
Sec. 3. That said application shall contain a description of the lands to be drained, the premises through which it will be necessary for the said ditches or drain to be constructed,494
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and the owner or owners thereof, if known, and in a clear, con cise manner, the facts showing the necessity of said ditch, or drain, and shall be verified by oath of the applicant. Twenty days’ notice of said application shall be given to the owners of the lands, affected by said ditch or drain. Upon the filing of such application and bond, the county auditor shall prepare the necessary number of notices for the applicant, who shall cause one such notice to be given to the owner, of each tract sought to be affected, by the proceeding; the notice shall state, substantially, the prayer of the application, and the time and place, when and where, the same will be heard before the county commissioners; and if any person owning lands, sought to be affected by the proceeding, be a non-resident of the county, the same notice shall be sent to him by registered mail, if such residence be known by the county auditor, otherwise it shall be published for four consecutive weeks, in some newspaper published, or of general circulation in the county.
Sec. 4. If on the second day of the regular meeting of the board of county commissioners, next succeeding the filing of the application, as provided in section two of this act, the county commissioners find that due notice of said application has been given, and the bond filed, and all requisite preliminary steps taken, they shall proceed at once to hear and determine said application, excluding from such hearing all matters and evidence, except that pertaining to the necessity of said ditch, or drain, and if it be found that said ditch or drain, when when constructed, will promote the public health, or that it is necessary, for the proper cultivation of the wet, swamp, or overflowed lands, described in said application, that the same should be drained, or that the permanent assessed valuation of said lands would be increased by such ditch, or drain, or that from any other cause the construction of said ditch, or drain, would be to the public benefit or welfare, they shall make a finding to that effect in writing, which shall be signed by the board, and certified to by the county auditor, be filed for record in the county auditor’s office; they shall also, immediately thereafter, appoint three disinterested persons, freeholders of the county, one of whom shall be a practical surveyor, or civil engineer, as viewers and appraisers of said ditch, or drain.
Sec. 5. If on the second day of the meeting of the board of county commissioners, next succeeding the filing of the said application, it shall apear to them that any person, who may be interested in the construction of said ditch, or drain, or lands affected thereby, has not been notified according to the provisions of this act, or that any of the requisite preliminary steps has not been taken, they shall postpone the considerationLAWS OF WASHINGTON
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thereof, to some future time, uot louger than to the next regular meeting of the board, and order such preliminary steps to be taken, and a majority of the board are competent to perfornt any of the requirements of this act.
Sec. 6. When the viewers or appraisers shall have been appointed, as provided in section 4, and taken an oath well and truly to locate said ditch, or drain, without prejudice or partiality, according to the true intent and meaning of this act, they shall proceed to locate said ditch, or drain, in the best possible manner for the interest of the owners of the lands affected by the location of the same, giving to the ditch, or drain, all the fall the face of the land will permit, and designating each rod to be dug upon, which shall mark the width and depth of said ditch, or drain.
Sec. 7. The viewers shall also at the same time estimate the cost of said ditch, or drain, making separate estimate for each rod. where the same is to be dug wider or deeper or the obstructions are greater and harder to overcome in said digging, and they shall also make a true and impartial list of lands benefited by said ditch, or drain, and the owners thereof, and appraise the value of said lands, and they shall also estimate the amount of damages, if in their opinion the construction of said ditch, or drain, will damage any lands more than the benefits accruing, by reason thereof, which amount should be paid to the owner or owners of said lands, as hereinafter provided.
Sec. 8. The viewers will make a report specifying the starting point, route, and terminus of said ditch, or drain, its size, flare, fall and estimated cost, and a description of the land through which it is to be dug; also a plat showing the survey and profile view of the same; they shall also report the amount or amounts assessed as damages, if any, the estimated quantity of lands benefited, the appraised value, and owners of such lands; which reports and plats, duly verified by the oath of the reviewers, to the effect that the same is a just and impartial estimate and report, shall be filed with the county auditor, at least ten days after the appointment of such viewers, and the viewers shall also determine from the nature of the survey, and view, the time not exceeding two years from filing their report, in which said ditch, or drain, shall be completed.
Sec. 9. At their next regular meeting succeeding the filing of the report of the viewers, the county commissioners shall proceed to examine the report and plans of the viewers and act thereon; they shall locate said ditch, or drain, upon the route laid out by the viewers, as a public ditch; they shall, upon the estimates furnished by the owners, assess the amount of damages to lands affected by said ditch, or drain, where the dam-496
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ages thereto are greater than the benefits accruing by reason of said ditch, or drain, which should be paid to the owner; and before any order shall issue for the construction of said ditch, or drain, the applicant shall pay the estimated damages, or tender the same by making deposit thereof with the county treasurer, who shall hold the same for the benefit of the owner or owners of said lands, damaged by the construction of said ditch, or drain, and the written receipt therefor of the owner or agent of said lands, or the county treasurer, shall be filed with the county auditor.
Sec. 10. Upon payment of all assessed damages, by reason of said ditch, the said applicant, his agents, servants, or employes, are hereby authoried, under order of the county commissioners, to enter upon the premises through which said ditch, or drain, is located and construct the same according to the plans and specifications of the viewers and order of the county commissioners.
Sec. 11, When said ditch, or drain, shall have been completed by the said applicant, he shall file notice thereof, together with a verified bill of expenditures, on account of said ditch, or drain, including therein the amount of damages paid, and all fees and expenses incident to the location and construction of said ditch, or drain, with the county auditor, who shall, thereupon, transmit a copy of the plan and specification of said ditch, or drain, to the county surveyors, who shall examine said ditch, or drain, and at the next meeting of the county commissioners report whether the same is constructed according to the plans and specifications, and if it be found that said ditch, or drain, is constructed as near as practicable in accordance with the plans and specifications and location thereof the county commissioners shall, at their next regular meeting if the bill of expenditures is not exorbitant, nor' greater than the estimated cost submitted by the viewers, taking the valuations submitted by the viewers, the basis of the value, of the several tracts, assess the costs of location and construction, of said ditch, or drain, upon the several tracts benefited thereby, in the proportion which the value of each tract benefited bears to the value of all the lands benefited by said ditch, or drain they shall also make or cause to be made, a list of said lands so benefited, and a schedule of the assessments made against said lands, in duplicate, and shall append thereto their affidavits, that the same is to the best of their judgment and belief, a true and just assessment, and cause one copy thereof, to be delivered to the applicant, and the other to be recorded in the county auditor’s office, and it shall be lawful for the said applicant to demand and receive from the ownerLAWS OF WASHINGTON
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of the lands benefited by said ditch, or drain, or any one of them, the amounts assessed against his said land, on account of the construction of said ditch, or drain; and if the same shall not be paid, within thirty days after demand, the applicant may make a verified statement of the assessment against each tract assessed, and file the same with the county auditor, who shall record the same in the book of liens, indexing the owner, as lienor, and the applicant, as claimant, for which he shall be entitled to charge the regular fee, which shall be paid by the applicant and the assessment named, in such verified statement, shall be a lien upon said tract, which lien shall be prior to all other liens, and incumbrances, subsequent to the assessment, and may be foreclosed, by the said applicant, or his assignee, at any time within five years, from the date of said assessment, in any court of competent jurisdiction.
Sec. 12. Either party feeling aggrieved by any decision of the county commissioners, in relation to the assessment, or the matters herein contained, may within twenty days after rendition of such decision, appeal to the district court of the county in which the land is situate, and the said court may hear and determine all matters relating to said ditch, or drain, an appeal bond shall be required as in cases of appeal from justices of the peace, and the same shall be filed with the county auditor, who shall approve it, and immediately thereafter "shall certify all the original papers to the clerk of the district court; and if the decision, upon appeal, shall not change assessments more than twenty dollars, the appellant shall pay all costs of proceedings on appeal: Provided, That so much of the decision of the county commissioners, as relates to the location, width and depth, of said ditch, or drain, shall be final.
Sec. 13. After said ditch, or drain, is completed, it shall be kept in repair, under the direction of the county commissioners, if the parties cannot agree between themselves, and when applied to in writing, by any person owning land through which such ditch, or drain, shall run, the county commissioners shall order the county surveyor to examine the same, and upon his report may make such orders, in regard to the repair, and cleansing thereof, as may to them seem just and equitable, giving the owner of the lands reasonable time to make or cause to be made such repairs himself; and if, after the expiration of said time, the work is not done, the county commissioners may authorize the person applying for repairs to do or cause the work to be done, which shall be assessed and paid in the manner provided in section eleven of this act.
Sec. 11. Any person or persons who shall dam up, or obstruct, or in any way injure any ditch, or drain, constructed or498
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in process of construction, under the provision of this act, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in any sum not less than twenty-five, nor more than one hundred dollars, or imprisonment in the county jail not less than ten nor more than thirty days or both, and any person, or persons, so obstructing, or in any wise injuring, any ditch, or drain, constructed or in course of construction, under this act, shall be further liable to the person, or persons, owning, occupying, or possessing the swamp, wet, or overflowed lands, drained, or to be drained, by said ditch, in double the amount of damages that may be awarded in any competent court; and in case of a second, or other subsequent offense, by the same person, treble such damages.
Sec. 15. The county commissioners shall procure, at the expense of the county, a suitable record book, which shall be called the public ditch and drain record, in which shall be recorded all proceedings relating to the location, and construction, of such ditch, or drain, under the provisions of this act.
Sec. 16. The viewers shall receive for their duty three dollars per day, for each day necessarily employed in locating and estimating the cost of said ditch, or drain; the county surveyor shall receive five dollars per day, for each day employed, and the county auditor shall receive ten cents for each paper filed, and the usual fee for recording the same; and the county commissioners shall include in the cost of the construction of said ditch, or drain, all fees and costs allowed by this act. and assess the same against the property benefited.
Sec. 17. The words “ditch,” or “drain,” when used in this act, shall be held to include a ditch, drain or watercourse, and application for any such improvement shall be held to include any side, lateral, spur or branch ditch, drain, or watercourse, necessary to be constructed, to secure the object of the improvement, whether the same is mentioned therein or not. and the word “applicant.” when mentioned herein, shall be held to mean “applicant” or “applicants.”
Sec. 18. The collection of taxes or assessments, levied or assessed, to pay for the location and construction of any ditch laid out and constructed under and by authority of this act. shall not be enjoined or declared void, in consequence of any error committed by the viewers, county auditor, or county commissioners, in the location and establishment thereof, nor by reason of an error, or technical informality, appearing in the petition on record of the proceedings.
Sec. 19. From and after the construction of a ditch, or drain, under the provisions of this act, and during the loca-LAWS OF WASHINGTON
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tion and construction thereof, the county commissioners shall have full and supreme control thereof, subject to appeal to this district court, and may make, do, or have made, or done anything in regard thereto, which shall be just and reasonable.
Sec. 20. That section twenty-five hundred and sixteen, inclusive, of the Code of Washington, and all acts and parts of acts in conflict with the provisions of this act, in relation to the subject matter hereof, be and the same are hereby repealed.
Sec. 21. This act shall take effect from and after its passage and approval.
Approved November 28, 1883.
AN ACT
PROVIDING FOR THE PROPER CONFINEMENT OF TERRITORIAL CONVICTS, APPOINT COMMISSIONERS AND LEVY A TAX TO BUILD A PENITENTIARY.
Be it enacted, by the Legislative Assembly of the Territory of Washington:
Section 1. That the Governor be, and he is hereby authorized, for and in behalf of the Territory, to enter into" contract with William Billings, J. K. Smith and Oliver Shead for the confinement, custody and maintenance of all Territorial convicts, under such restriction and limitations as are hereinafter stated, at Seatco, in Thurston county.
Sec. 2. Such contract shall be in force for the term of two years from the first day of July, 1884, and no longer, but the same shall be subject to renewal, unless otherwise provided by law.
Sec. 3. The said William Billings, J. K. Smith and Oliver Shead shall stipulate, in said contract, that they will properly confine all such Territorial convicts, in the Territorial penitentiary at Seatco, aforesaid, according to their respective sentences during the period of their contract; and that they will, at their own cost and expense, furnish said convicts with proper food, clothing, bedding and all necessary medicine and medical attendance, and also furnish, at their own expense, all guards and other employes of said prison for the proper keeping of said convicts therein.
Sec. 4. The said contractors shall also, before the first day of July. 1884, each take an oath, before some officer authorized to administer oaths, that they will faithfully discharge the500
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duties imposed upon them by the provisions of this act, which oaths shall be filed in the office of the secretary of the Territory; and they shall each be liable to the same penalties and punishments in case of escape, prison breach, willfull inhumanity to or oppression of prisoners, as sheriffs, jailors and other officers are; and all laws and parts of laws defining such offenses and perscribing their punishment shall apply to such contractors as though they were public officers.
Sec. 5. The said contractors shall also, before the first day of July, 1884, execute a bond to the Territory in the sum of five thousand dollars, with sufficient sureties, to be approved by the Governor, conditioned for the faithful performance of all the conditions of their said contract, which bond, after approval, shall be filed in the office of the secretary of the Territory.
Sec. 6. The said contractors shall receive from the Territory, as a compensation, not to exceed the sum of seventy cents per diem, for each prisoner confined in said prison under the provisions of this act, payment to be made quarterly, upon presentation of their account, verified by oath of the superintendent of said prison, and approved by the Governor, to the Territorial auditor, who shall draw his warrant on the treasury for the amout due. They shall also be entitled to receive and have all the proceeds of the labor of the convicts therein and the profits and emoluments from the operation of said prison; and the said contractors shall transport, from the place of conviction to said prison, all Territorial convicts who shall be sentenced during the term of said contract; and they shall receive therefor from the Territorial treasury the sum of five hundred dollars, annually, and no more.
Sec. 7. Convicts shall be confined strictly within the enclosure of said prison, except in the day time when at work under the charge of a guard.
Sec. 8. The Governor, judge and prosecuting attorney, of the 2nd judicial district, auditor and treasurer of the Territory, shall be ex-officio commissioners for the prison; and shall have power to prescribe such general rules for the discipline of the prison as they may deem necessary and proper, which rules shall be reasonable and in harmony with this act, and must be strictly obeyed by said contractors, their guards and employes. The said commissioners shall also inspect and visit the said prison not less than three times a year, and as often as they may deem it necessary.
Sec. 9. Every person convicted of any offense, punishable by law by imprisonment in the penitentiary, shall be sentenced by the court having jurisdiction to imprisonment in the prison provided for in this act. and shall be confined therein, and saidLAWS OF WASHINGTON
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prison for all purposes shall be deemed and held to be the penitentiary of the Territory of Washington, during the period of said contract.
Sec. 10. At the request of any minister of the gospel, in charge of any established congregation in the Territory, the said contractors shall permit divine worship to be held in said prison, by such minister, as often as once each Sabbath day.
Sec. 11. No assignment of the said contract, or any interset therein, shall be held as binding without the written consent of said commissioners or a majority of them.
Sec. 12. In the event of the failure of the contractors to perform their said contract the said commissioners are authorized to contract with any other suitable persons for the keeping of said prisoners, under the limitations and restrictions of this act, which temporary contract shall be in force until the next ensuing meeting of the legislative assembly.
Sec. 13. The Governor shall be chairman of the board of commissioners herein provided for. He shall convene all meetings of said board, of which three members shall constitute a quorum. A majority of the board shall be necessary to decide all matters before them.
" Sec. 14. The Governor shall appoint a suitable person as warden of said penitentiary, said appointment to be made by and with the consent of the prison commission. Said warden's duties shall be to see that the prisoners are properly confined, and that they are comfortably clothed, fed and not abused or over-worked, and provided with suitable sleeping apartments, and designate punishment, for violation of prison rules. Said warden, so appointed shall in no way be connected in said contract, and shall receive for his work the sum of $600 per year, including board and lodging, said sum of money to be paid quarterly by said contractors. Said warden so ap-pointed shall, before entering upon the duties of his office, execute a bond to the Territory of Washington in the sum of $1000. with sufficient sureties to be approved by the board of prison commissioners and filed with the Territorial treasurer for the faithful discharge of his duties. It shall be the duty of the warden, at the end of each month, to make out and file with the Governor a statement in writing containing the names of all persons received, released, died or escaped from said prison during the month.
Sec. 15. That the present riveted shackle, now in use, be abolished as soon as shackles can be procured to take their place, and that the sum of two hundred and fifty dollars is hereby appropriated out of the Territorial treasury and placed in the hands of the Governor for the purchase of the Tower movable shackles, such as now in use in the prison, and the502
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Territorial auditor is hereby authorized to draw an order on rhe Territorial treasurer, for the sum of two hundred and fifty dollars, in favor of the Governor, for said purpose, upon his written application being hied for said amount.
Sec. 16. That for the years of 1884 and 1885, there shall be levied, assessed and collected, upon all the taxable property of the Territory of Washington, | of one mill, to be known as the Territorial penientiary fund, to be used in constructing a Territorial penitentiary.
Sec. 17. That the Governor shall appoint three commissioners who shall constitute a board of penitentiary commissioners, and shall enter upon their duties on or before the first day of January, 1885. Said commissioners, before entering upon their duties, shall make and execute a sufficient verified bond, in the sum of $500, with good and sufficient sureties, in favor of the Territory of Washington, and deposit the same with the Territorial auditor for the faithful discharge of their duties as hereinafter provided.
Sec. 18. It shall be the duty of the commissioners to select a suitable place to locate said Territorial penitentiary, taking into consideration central location, accessibility thereto by railroads and water. Said selection to contain 160 acres of land, with rock thereon, or adjacent thereto, suitable to build said penitentiary thereon, and to report location and price of land, with their recomendation and suggestions, upon the second day of the session of the next legislature.
Sec. 19. That said commissioners shall be required to meet on the first Tuesday of January, 1885, in the city of Vancouver, Washington Territory, and organize by the selection of one of said commissioners as president of the board and select one of their members as clerk thereof, and that said commissioners shall receive for their pay, for their services, the sum of five dollars per day, including mileage, at the rate of 10 cents per mile each way for actual travel to and from such meeting of the board, and in the discharge of their respective duties. They shall apppoint their own time and place of meeting thereafter.
Sec. 20. That the sum of five hundred dollars, or so much thereof as is necessary, is hereby appropriated out of the Territorial treasury, from money not otherwise appropriated, for the purpose of paying said commissioners for their per diem and mileage. And the Territorial auditor is hereby authorized to draw warrants on the treasurer for the respec-tn e amounts, upon an itemized account of mileage and per diem being filed with said Territorial auditor, signed by the president of said board of commissioners and countersigned by the secretary of said board.LAWS OF WASHINGTON
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Sec. 21. That any commissioner, appointed under this act, who shall enter into any agreement or collusion with any person or persons with intent to defraud the Territory by any contract directly or indirectly to purchase land, or shall make any recommendation for the purchase of land to the legislature, with fraudulent intent, shall be deemed guilty of embezzlement, and upon conviction thereof shall be imprisoned in the penitentiary of the Territory for a term of years not less than two nor more than ten years.
Sec. 22. That all acts and parts of acts in any manner conflicting with this act are hereby repealed.
Sec. 23. This act to take effect and be in force from and after its passage.
Approved November 28, 1883.
AN ACT
IN RELATION TO THE FISCAL YEAR, REPORTS OF OFFICERS, AND INCIDENTAL PRINTING OF THE TERRITORY OF WASHINGTON.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That the fiscal year of the Territory of Washington shall commence on the first day of July and end on the thirtieth day of June of each year.
Sec. 2. It is hereby made the duty of all county officers, who are required by law to make reports to any Territorial officer or officers, to transmit such reports to the proper officers on or before the tenth day of July of each year.
Sec. 3. The Territorial treasurer, superintendent and board of trustees of the hospital for the insane, board of regents of the Territorial university, pilot commissioners, librarian, and all other Territorial officers appointed by the Governor, shall transmit their biennial reports to the Governor before July 15th, immediately preceding the commencement of each biennial session of the legislative assembly: Provided, That the Territorial auditor and superintendent of public instruction shall be granted until the 31st day of the same month in which to report to the Governor.
Sec. 4. It shall be the duty of the Territorial auditor to publish, for four consecutive weeks, in the month of June, immediately preceding the biennial session of the legislature, in one newspaper in each judicial district of the Territory, a no-504
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tice to printers, calling for bids for the printing of the reports of the Territorial officers; said bids to state the price per thousand ems for composition; the price per token of 250 impressions of eight page forms, press work; the weight, quality and price of paper, and the price for binding of said reports. There shall be printed 500 copies of each of the reports of the auditor, treasurer, superintendent and board of trustees hospital insane; 1500 copies of the report superintendent of public instruction, including the necessary rules, blanks, forms and the school law; and 100 copies each of the other Territorial reports.
Sec. 5. On the second Monday in July, next preceding the biennial session of the legislature, the Territorial auditor shall, in the presence of the Territorial treasurer, proceed to open and examine the bids for the Territorial printing, and the bid or bids of the lowest responsible publisher in the Territory of Washington shall be accepted, and the person or firm to whom the contract is awarded shall be required, before commencing the work, to give a good and sufficient bond to the Territorial auditor, conditioned for the faithful and prompt execution of the printing of said reports in a good and workmanlike manner, and to deliver the same to the Territorial auditor on or before the first day of the biennial session of the legislature next ensuing.
Sec. 6. It shall be the duty of the Governor, not later than ten days after he shall have received the reports of the Territorial officers, as provided in section 3 of this act, to deliver the same, upon application, to the successful bidder for the printing of the same, provided the said bidder shall have executed and filed his bond as required in this act.
Sec. 7. When said reports shall have been printed and delivered to the Territorial auditor, as provided in section 5 of this act, the said auditor shall deliver the said printed reports into the custody of the Governor, to be transmitted by him to the legislative assembly.
Sec. 8. It shall be the duty of the Territorial auditor to audit all bills and accounts in connection with the advertising for bids and in the printing and binding of said reports, us provided in see’s ion 4 of this act, as shall be found reasonable and just, and to draw warrants upon the Territorial treasurer for the payment of the same.
Sec. 9. All acts and parts of acts in conflict with this act are hereby repealed.
Sec. 10. This act to take effect and be in force on and after its approval by the Governor.
Approved November 28, 1883.
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AN ACT
TO AMEND SECTION TWO THOUSAND SIN HUNDRED AND FIFTEEN, CHAPTER TWO HUNDRED AND FOUR OF THE CODE OF WASHINGTON.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. that section two thousand six hundred and fifteen of chapter two hundred and four of the Code of Washington. relating to notaries public, be and the same is hereby amended so as to read:
“Section 2615. Every notary public shall be appointed for the Territory in which he resides, and shall hold his office for four years, unless his appointment is sooner revoked; and all official acts heretofore done or performed bv notaries public in any county in this Territory, other than that in which they at that time resided, or for which their commissions issued, shall be valid and of full force and effect.”
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 its passage and approval.
Approved November 28, 1883.
AN ACT
TO CREATE AND ORGANIZE THE COUNTY OF FRANKLIN. Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That Franklin county shall be and consist of all that territory of Whitman county bounded as follows, to-wit : Beginning at a point where the mid channel of the Snake river intersects that of the Columbia river and running thence up the Columbia river to a point where section line between sections 21 and 28, township 11 north, range 27 east, Willamette meridian, Washington Territory, strikes the main body of the Columbia river on the west side of the island; thence east on said section line to township line between ranges 27 and 28 east; thence north on said range line to north "’boundary of township 14; thence east on said north boundary of township 14 to the Palouse river; thence down said river to the mid channel of Snake river; thence down said Snake river to place of beginning.506
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Sec. 2. That J. W. Schull, C. M. McBride and D. W. Owen are hereby appointed commissioners of said countv of Franklin.
Sec. 3. That the county commissioners, above named, are hereby authorized within twenty (20) days after the approval of this act and upon ten days’ notice, to qualify and enter upon the discharge of their duties, as such commissioners, and are hereby empowered to appoint all necessary county officers, necessary to perfect the organization of said county. And the county commissioners aforesaid, sheriff, auditor, and the other officers appointed shall hold their offices until the next general election, and until their successors are elected and qualified according to law.
Sec. 4. That the justices of the peace, constable, road supervisors and other precinct and school officers heretofore elected and qualified and now acting as such residing in that portion of \\ hitman county, which is, by the provisions of this act, included in the county of Franklin, are hereby continued as such officers in said county of Franklin until the next general election and until their successors are duly elected and qualified.
Set•. 5. 1 hat all taxes levied and collected for the year 1883, on the persons and property within the boundaries of Franklin county as herein described, shall be collected and paid to the treasury of Whitman county; the said county of Franklin to receive no part nor parcel thereof; nor shall'the county of Franklin receive any part of the propertv of Whitman county: Provided, That nothing in this act shall deprive the county of Franklin of its just proportion of the school money.
Sep. 6. The county auditor of Franklin county is hereby authorized to take transcripts of all records, documents and other papers on file or of record in the office of the county auditor of \\ hitman county, which may be necessary to perfect the records of Franklin county. And for this purpose the auditor of Franklin county shall have free access to the records in the auditor's office of Whitman county, free of costs to the said county, and the certificates of the correctness of said records shall have the same legal effect as if made bv the auditor of Whitman county.
Sec. i. That all suits that have been commenced and are now pending in which Whitman county is a partv, shall continue to be prosecuted or defended by said Whitman county; said Franklin county shall not be liable for any judgments or costs, nor receive any benefits or emoluments from any such suit or suits.LAWS OF WASHINGTON
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Sec. 8. The county of Franklin is hereby attached to Walla Walla for judicial purposes.
Sec. 9. The county of Franklin shall remain with Whitman county, for legislative purposes, unless otherwise provided for by a general apportionment bill.
Sec. 10? That the county seat of Franklin county is hereby located at the town of Ainsworth, until the next general election, when the question of county seat shall be submitted to the vote of the people, and the place receiving the largest number of votes shall be declared the permanent county seat of Franklin county.
Sec. 11. This act shall take effect and be in force on and after its passage and approval.
Approved November 28, 1883.
AN ACT
TO CREATE AND ORGANIZE THE COUNTY OF LINCOLN.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That all that portion of Spokane county, Washington Territory, described as follows: Beginning at the point in township No. 27 north, where the Colville guide meridian between ranges 39 and 10 east, Willamette meridian, intersects the Spokane river, and running thence south along said meridian line to the township line between townships numbered 20 and 21 north; thence west along said township line to its intersection with the Columbia guide meridian between ranges numbered 30 and 31 east, Willamette meridian; thence south along said meridian line to the township line between townships numbered 16 and 17 north; thence west on said township line to the range line, between ranges 27 and 28 east, Willamette meridian; thence south on said range line to the section line between sections numbered 21 and 25 in township No. 11 north, of range No. 27 east. Willamette meridian; thence west on said section line to the mid channel of the Columbia river; thence up said river in the middle of the channel thereof to the mouth of the Spokane river; thnce up said Spokane river, in the middle of the channel thereof, to the place of beginning, shall be known, and designated as the county of Lincoln.
Section 2. That John Bartol, Edward D. Willis and John508
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McGouvin are hereby appointed county commissioners of said county of Lincoln.
Sec. 3. The county commissioners, above named, are hereby authorized, within twenty days after the approval of this act, and upon ten days’ notice, to qualify and enter upon the discharge of their duties as such commissioners, and are hereby empowered to appoint all necessary county officers, necessary to perfect the organization of said county; and the county commissioners aforesaid, sheriff, auditor, and the other officers appointed, shall hold their offices until the next general election, and until their successors are elected and qualified according to law.
See. 4. that the justices of the peace, constables, road supervisors, and other precinct and school officers, heretofore elected and qualified and now acting as such, residing in that portion of Spokane county, which is by the provisions of thk act included in the county of Lincoln, are hereby continued as such officers in said county of Lincoln, until the next general election, and until their successors are elected and qualified.
Sec. 5. That all taxes levied and assessed for the year 1883, upon the persons and property within the boundaries of Lincoln county, as herein described, shall be collected and paid to the treasurer of the county of Spokane, and shall thereafter be paid upon demand, according to assessment, to the treasurer of the county of Lincoln.
7 Sep. 6. The county auditor of Lincoln county is hereby authorized to take transcripts of all records, documents and other papers on tile or of record in the office of the county auditor of Spokane county, which may be necessary to perfect the records of said Lincoln county, and for this purpose he shall have access to the records of said Spokane county without cost.
Sec. 7. The county seat of the county of Lincoln is hereby located at the town of Davenport temporarilv, until the same shall be permanently located by a vote of the electors of said county at the next general election. At the next general election the permanent location of the countv seat of Lincoln county shall be submitted to the qualified electors of said county, and the place receiving the majority of votes shall be the permanent county seat of Lincoln county.
Sec. 8.^ The county of Lincoln shall be attached to the county of Spokane for judicial and legislative purposes until otherwise provided by law.
Sec. 9. Phis act shall take effect and be in force from and after its approval.
Approved November 24, 1883.LAWS OF WASHINGTON
509
AN ACT
TO CREATE AND LOCATE THE COUNTY OF KITTITASS AND TO DEFINE THE BOUNDARIES THEREOF.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That all that portion of Yakima county situated within Washington Territory and included within the following limits be, and the same shall be known as the county of Kittitas, viz: Commencing at a point where the main channel of the Columbia river crosses the township line between townships fourteen and fifteen north, range twenty-three east, Willamette meridian, and running west on said township, to the range line between townships eighteen and nineteen east; thence north on said line, six miles to the township line between townships fifteen and sixteen north; thence west on said township line to the Nachess river; thence northerly along the main channel of said river, to the summit of the Cascade mountains, or southwest corner of Pierce county; thence north along the eastern boundaries of Pierce, King and Snohomish counties to the main channel of the Wenachee river; thence down said river to the Columbia river; thence down the main channel of the Columbia to the place of beginning.
Sec. 2. That Robert N. Canaday, Samuel T. Packwood and C. P. Cooke are hereby appointed a board of county commissioners for the county of Kittitas, with all the powers as if regularly elected, who shall hold their offices until the next general election and until their successors are elected and qualified; and said board of commissioners shall have power to select and appoint the remaining county officers, who shall serve until the next general election and until their successors are elected and qualified, for which purpose the county commissioners herein appointed shall meet at the county seat of Kittitass county, within forty days after the approval of this act, and appoint the necessary officers for said county, and perform such other duties and things necessary for a complete organization of ihe county of Kittitass.
Sec. 3. That the justices of the peace and constables who are now elected as such in the precincts of the county of Kittitass be, and the same are hereby declared justices of the peace and constables of, and for the said county of Kittitass.
Sec. 1. That the county seat of said county of Kittitass is hereby temporarily located at Ellensburg, at which place it shall remain until located permanently elsewhere in said county by a majority of qualified electors thereof, and for which purpose a vote shall be taken at the next general election provided for by statute; and the officers of election shall receive510
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said vote and make return thereof, to the commissioners, who shall canvass the same and announce the result in like manner as the result of the vote for county officers: Provided, That if there be not a majority vote in favor of such location of county seat at any one place at such general election, the qualified voters of the county shall continue to vote on that question at the next and each subsequent general election until some place receive such majority, and the place so receiving a majority of all the votes cast shall be declared the permanent county seat of said Kittitass county.
Sec. 5. That all laws applicable to the county of Yakima shall be applicable to the county of Kittitass.
Sec. 6. That all taxes levied and assessed by the board of county commissioners of the county of Yakima for the year A. D. 188.3 upon persons or property within the boundaries of the said county of Kittitass, and all delinquent taxes heretofore due said county of Yakima shall be collected by its proper officers and paid into the treasury of said Yakima countv, for the use of said county of Yakima: Provided. That the said county of Yakima shall pay all the just indebtedness of said Yakima county: And provided further, That the county of Kittitass shall pay to the county of Yakima a just proportion of the net indebtedness of said Yakima county, the same to be determined as hereinafter provided.
Sec. 7. That the auditors of the counties of Kittitass and 1 akima are hereby constituted a board of appraisers and adjusters of the real estate and other property of Yakima county, and if they cannot agree, the auditor of Klickitat county shall act as umpire, and for this purpose shall meet at Yakima city on the second Tuesday in January, A. I). 1884; then and there they shall appraise the value of all public property, both real and personal, belonging to the county of Yakima, and said board of appraisers and adjusters shall then proceed to ascertain the net indebtedness of said county of Yakima. which shall be done as follows, viz: Ascertain all the county justly owes in warrants, scrip or other just debts, which amount shall constitute the gross inedbtedness of said county, from which deduct the amount of the unpaid portion of the assessment roll of 1883, and the amount of all delinquent assessment rolls which are considered collectible up to that date, and the amount of all moneys and other credits due the county, also the value of all public property belonging to the said county of Yakima, and the balance so found shall constitute the net indebtedness of said county of Yakima: Provided, The real and personal property thus deducted shall be the property of Yakima county after division.
Sec. 8. That the net indebtedness of the said county ofLAWS OF WASHINGTON
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Yakima, as found above, be divided equally between the counties of Yakima and Kittitass, in proportion to the taxable property of said counties as it legally appears on the assessment roll for the year 1883, and the said county of Kittitass shall cause a warrant or warrants to be drawn upon its treasurer, payable to the county of Yakima out of any funds not otherwise appropriated, for its full share of such indebtedness: Provided, That if from any cause either or both of the above mentioned adjusters and appraisers fail or refuse to act as such, then, and in that case, the county auditors of the respective counties shall constitute a board of arbitrators and appraisers, and shall proceed as herein directed.
Sec. 9. That if the board of appraisers and adjusters as herein appointed shall not agree on any subject of value or settlement as herein stated, they shall choose a third man from an adjoining county to settle their differences, and their decision shall be final.
Sec. 10. That the compensation of the said board of appraisers and adjusters shall be four dollars per day each, for each and every day necessarily employed therein, and the counties of Yakima and Kittitass shall pay the same equally.
Sec. 11. That the county auditor of Kittitass county $hall have access to the records of Yakima county without cost, for the purpose of transcribing and indexing such portion of the records of property as belongs to the county of Kittitass, and his certificate of the correctness thereof shall have the same force and effect as if made by the auditor of Yakima county; it is hereby provided, however, that nothing in this section shall permit the record books of Yakima county to be removed from the office of its auditor.
Sec. 12. That the county auditor, for transcribing and indexing the records of Kittitass county, shall receive the sum of three dollars per day for each and every day so employed, to be paid by the county of Kittitass, and in addition to his yearly salary as hereinafter provided.
Sec. 13. That the county of Kittitass shall be attached to the county of Yakima for legislative purposes, and to the second judicial district for judicial purposes.
Pay of County Officers.
Sec. 14. That the county commissioners of the county of Kittitass shall receive the sum of four dollars per day each for each and every day necessarily employed in the service of said county, and ten cents per mile for each mile necessarily traveled to attend said county business. The auditor shall receive a yearly salary of three hundred dollars per year, payable512
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quarterly. The treasurer shall receive a yearly salary of one hundred and fifty dollars per year, payable quarterly. The sheriff shall receive the same fees as are allowed to sheriffs of other counties by the statutes of Washington Territory. The probate judge shall receive the regular fees of his office as prescribed by the laws of Washington Territory. The superintendent of public schools, shall receive a yearly salary of forty dollars per annum, payable quarterly, and all other officers of the county shall receive the regular fees of their respective offices as prescribed by statute.
Sec. 15. That nothing in this act shall be so construed as to affect the just proportion of the school fund for the said county of Kittitass. ’
Sec. 16. That all acts or parts of acts in conflict with the provisions of this act are hereby repealed.
Sec. 17. This act shall take effect and be in force from and after its passage and approval by the Governor.
Approved November 24, 1883.
AN ACT
TO CREATE AND ORGANIZE THE COUNTY OF ADAMS.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That Adams county shall be and consist of all that territory of Whitman county, bounded as follows, to-wit: Beginning at the northwest corner of township 14 north, range 28 east of the Willamette meridian; running thence north to the 4th standard parallel; thence east to the Columbia river guide meridian; thence north to the 5th standard parallel; thence east on said parallel to the line betwen the ranges 38 and 39; thence south on said line to where it intersects the Palouse river in township 16; thence down said river to wThere the line between townships 14 and 15 crosses said river; thence west on said line to place of beginning.
Sec, 2. That Janies G. Bennett, George Sinclare, Sr., and J. L. Johnson, are hereby appointed county commissioners of * said county.
Sec. 3. That the county commissioners, above named, are hereby authorized within twenty days after the approval of this act. and upon ten days’ notice, to qualify and enter upon the discharge of their duties as such commissioners, and are hereby empowered to appoint all necessary county of-
91-1LAWS OF WASHINGTON	513
fleers necessary to perfect the organization of said county, and the county commissioners aforesaid, sheriff, auditor and other officers appointed, shall hold their office until the next general election, and until their successors are elected and qualified according to law.
Sec. 4. That the justices of the peace, constables, road supervisors, and other precinct and school officers heretofore elected and qualified, and now acting as such, residing in that portion of Whitman county, which is, by the provisions of this act, included in the county of Adams, are hereby continued as such officers, in said county of Adams, until the next general election, and until their successors are duly elected and qualified.
Sec. 5. That the taxes levied and assessed for the year 1883, on the persons and property within the boundaries of Adams county, as herein described, shall be collected and paid to the treasurer of Whitman county, and after the indebtedness of said county has been settled, the treasurer of Whitman county, upon demand of the treasurer of Adams county, shall pay to him the pro rata share of said Adams county of the money remaining on hand, on the first Monday in May, 1884, from said taxes actually collected for the year 1883: Provided. Said demand shall not be made before the first Monday of May, 1884: And, provided further, That said Adams county shall receive no part of the property of Whitman county: Provided, Nothing in this act shall exclude Adams county from its just proportion of its school money.
Sec. 6. The county auditor of Adams county is hereby authoried to take transcripts of all records, documents and other papers on file or of record in the office of the county auditor of Whitman county, which may be necessary to perfect the records of said Adams county, and for this purpose, the auditor of Adams county shall have free access without cost to the records and files in the office of said auditor of Whitman county, and the certificate of the auditor of said Adams county, of the correctness of all records and files so transcribed by him, shall have the same force and effect, as if made by the auditor of Whitman county.
Sec. 7. That all suits that have been commenced, or are now pending, in which Whitman county is a party, shall continue to be prosecuted or defended by said Whitman county. Said Adams county shall not be liable for any judgment or cost, nor receive any benefits or emoluments from any such suit or suits.
Sec. 8. The county of Adams shall be attached to Spokane county for judicial purposes.514
LAWS OF WASHINGTON
Sec. 9. The county of Adams shall be attached to Whitman county for legislative purposes.
Sec. 10. The county seat of Adams county is hereby tem-poiaiilj located at the town of Ritzville, until the next general election, at which time the permanent location of the county seat shall be submitted to a vote of the people, and the place receiving the majority of votes cast shall be the permanent county seat of said Adams county.
Sec. 11. this act shall take effect and be in force from and after its approval.
Approved November 28, 1883.
AN ACT
TO CREATE AND ORGANIZE THE COUNTY OF DOUGLAS.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That all that portion of the county of Lincoln desciibed as follows, to-wit: Beginning at the point where the Columbia guide meridian intersects the Columbia river on the northern boundary of Lincoln county; and thence running south on said Columbia guide meridian to the township line between townships number sixteen and seventeen; thence running west on said township line to the range line between ranges twenty-seven and twenty-eight; thence south on said range line to the section line between sections 24 and 25 in township 14 north, range 27 east; thence west on said section line to the mid-channel of the Columbia river; thence up said channel of said river to the place of beginning, shall be known and designated as the county of Douglas.
Sec. 2. That J. W. Adams, H. A. Meyers and P. M. Cor-balej, are hereby appointed countv commissioners of said county of Douglas.
Sec. 3. The county commissioners above named, are hereby authorized, within ninety days after the approval of this act, and upon ten days notice by said commissioners, to meet at the county seat of said county, to qualify and enter upon the duties of their office; and the said commissoners are hereby authorized and empowered to appoint all county officers, including a county attorney, and justices of the peace, and constables, and all precinct officers. And said county’commissioners, and the county and precinct officers, so appointed by them, shall hold their offices, and discharge the dutiesLAWS OF WASHINGTON
515
therefor, until the next general election, and until their successors are elected and qualified. And the said county and precinct officers shall receive for their services the same fees as are provided by the statutes of Washington Territory for other counties.
Sec. 4. The county seat of the county of Douglas is hereby located at the towm of Okanogan, until the next general election, at which time the permanent location of the county seat shall be submitted to the qualified electors of said county, and the place receiving a majority of all votes cast at said election, shall be the county seat of said county.
Sec. 5. The county of Douglas shall be attached to the county of Lincoln for legislative and judicial purposes, until otherwise provided by law.
Sec. 6. All acts and parts of acts, in conflict with this act, are hereby repealed.
Sec. 7. This act shall take effect from and after its passage and approval.
Approved November 28, 1883.
AN ACT
TO CREATE AND ORGANIZE THE COUNTY OF ASOTIN.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That all that portion of Garfield county situated within Washington Territory, and included within the following limits, be, and the same shall be constituted and known as the county of Asotin, viz: Commencing at a point in the channel of Snake river on the township line between ranges forty-four (44) and forty-five (45); thence running south to the northwest corner of section thirty (30), township eleven (11) north, range forty-five (45) east of the Willamette meridian; thence west six (6) miles; south one (1) mile; west two (2) miles; south one (1) inile; west one (1) mile to the northwest corner of section three (3) in township ten (10) north, of range forty-three (43) east, of the Willamette meridian; thence south eighteen (18) miles; thence west three (3) miles; thence south to the Oregon line; thence east on said line to the mid channel of Snake river; thence down the mid channel of Snake river to the place of beginning.
Sec. 2. That J. D. Swain, John Wisenfeldt, and William Chritchfield are hereby appointed a board of commissioners,516
LAWS OF WASHINGTON
with power to appoint the remaining county officers to serve until the next general election or until their successors are elected and qualified. For which purpose the county commissioners herein appointed shall meet at he county seat of Asotin county within thirty (30) days after the approval of this act, and appoint the necessary officers for said county, and perform such other acts and things necessary for the complete organization of the county of Asotin.
Sec. 3. That the justices of the peace and constables who are now elected as such in the precinct of the county of Asotin be and the same are hereby declared justices of the peace and constables of the said county of Asotin.
Sec. 4. That the county of Asotin is hereby united to the county of Garfield for judicial and legislative purposes.
Sec. 5. That all the laws applicable to the county of Garfield shall be applicable to the county of Asotin.
, Sec. 6. That the county seat of the said county of Asotin is hereby temporarily located at Asotin, which, in this connection, shall mean the town of Asotin or Asotin City, at which place it shall remain until located permanently elsewhere in said county by a majority of qualified electors thereof, and foi v Inch a vote shall be taken at the next general election, viz: On the Tuesday next following the first Monday in November, A. I). 1884, and the officers of election shall receive said vote and make return thereof to the commissioners, who shall canvass the same and announce the result in like’man-nei as the result of the vote for county officers: Provided, That if there be not a majority vote in favor of such location of county seat at any one place at such election, the qualified electors of the county shall continue to vote on that question at the next and each subsequent general election until some place receives such majority, and the place so receiving a majority of all the votes cast, shall be declared the permanent county seat of said Asotin county.
Sec. 7. That all the taxes levied and assessed bv the board ?Qo?UIlty commissioners of the county of Garfield for the vear 1883 upon persons or property within the boundaries of said county of Asotin, shall be collected and paid into the treas-ucy °f said Garfield county for the use of said county of Garfield: Provided, however, That the said county of Garfield shall pay all the just indebtedness of said Garfield county, and that when such indebtedness shall be wholly paid and discharged, all moneys remaining in the treasury of said Garfield county, and all credits due, and to become due, said county of Garfield on the assessment roll of said vear, shall be divided between said counties of Garfield and Asotin, according to the usual valuation of said property of said year: Provided.LAWS OF WASHINGTON
517
further, That nothing in this act shall be so construed as to deprive the county of Asotin of its proportion of the tax levied for common school purposes for the above named year.
Sec. 8. The county of Garfield shall pay to the county of Asotin the sum of one hundred and fifty dollars ($150), over and above the amount provided for in this act, for its interest in the public property and improvements.
Sec. 9. The auditor of Asotin county shall have access to the records of Garfield county, without cost, for the purpose of transcribing and indexing such portions of the records of property as belong to Asotin county; and his certificate of The correctness thereof shall h^ve the same force and effect as if made by the auditor of Garfield county. It is hereby provided, however, that nothing in this act shall permit the record books of Garfield county to be removed from the office of its auditor.
Sec. 10. The salaries of the county officers of Asotin county shall be as follows, viz: Auditor, four hundred dollars ($400) per annum; treasurer, three hundred dollars ($300) per annum; probate judge, one hundred and fifty dollars ($150) per annum; school superintendent, forty dollars ($40) per annum; county commissioners, four dollars ($4) per day each, while at work on their official duties; and these salaries shall be their full compensation from the county treasury, and be in lieu of all other fees from the county.
Sec. 11. All acts and parts of acts in conflict with the provisions of this act are hereby repealed.
Sec. 12. This act shall take effect and be in force from and after its passage and approval.
Approved October 27, 1883.
AN ACT
TO CREATE AND ORGANIZE THE COUNTY OF SKAGIT.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That all that portion of the county of Whatcom, in the Territory of Washington, lying and situate south of the dividing line between townships thirty-six and thirtyseven, (commencing at mid channel of the Rosario straits and running eastward to the summit of the Cascade range of mountains), to the dividing line between said county of Whatcom and the counties of Island and Snohomish be, and the same518
LAWS OF WASHINGTON
is hereby, organized into a separate county, to be known and designated as the county of Skagit: Provided, That so much of Lummi and Eliza islands as lie south of the dividing line between said townships thirty-six and thirty-seven shall belong to Whatcom county.
Sec. 2. That H. P. Douns, F. E. Gilkey and H. A. March are hereby appointed a board of commissioners to call a special election for county officers for said Skagit county, and to appoint the necesssary judges and inspectors thereof. Said election shall be held on the second Tuesday in January, A. D. 1884, and notice thereof shall be published in one or more newspapers within the present limits of Whatcom county, for at least four consecutive weeks. Said election shall be conducted and returns thereof made as is now provided by law: Provided, That the returns shall be made to the commissioners aforesaid, who shall canvass the returns and declare the result, and issue certificates of election to the persons so elected to the several county offices of said Skagit county within ten days after the date of said election.
Sec. 3. That the justices of the peace and constables, school and road district officers, who are now elected as such in the precincts of Whatcom county hereby set apart as Skagit county, be, and the same are hereby, declared justices of the peace and constables, school and road district officers of Skagit county.
Sec. 4. That the district court, now established and holding terms at La Conner for the territory embraced within the present limits of Whatcom county, shall continue at La Con-ner as the district court for Skagit county; and the county of M hatcom is hereby annexed to said Skagit county for judicial and legislative purposes, and all laws at present applicable to the county of M hatcom, relative to the powers and jurisdiction or otherwise of said district court, shall continue in full force and effect the same as if said county had not been divided, and the title of said county changed as herein provided.
Sec. 5. That the county seat of said Skagit county is hereby temporarily located at La Conner, at which place it shall remain until located permanently elsewhere in said county, by vote of the qualified electors thereof; for which purpose a vote shall be taken at the next general election in 1884, and the officers of election shall receive said vote and canvass the same and announce the result in like manner as the result of the vote for county officers, and the place receiving the highest number of votes cast shall be declared the permanent county seat of the said county of Skagit: Provided, That until such permanent location of the county seat,LAWS OF WASHINGTON
519
the board of county commissioners shall erect no public buildings, but shall rent or lease such rooms for county offices as may be necessary for the public service.
Sec. 6. That all taxes levied and assessed by the board of county commissioners of the county of Whatcom for the year 1883, upon persons or property within the boundaries of the county of Skagit, shall be collected and paid into the treasury of said Whatcom county for the joint use of the counties of Whatcom and Skagit as hereinafter provided.
Sec. 7. That the county auditors of Whatcom and Skagit counties are hereby constituted a board of appraisers and adjusters of the real and other property of the county of Whatcom, and for this purpose shall meet at Whatcom on the first Monday of February, 1884. They shall appraise the value of the court house, safes and real estate of the county, and ascertain the balance in the county treasury, over and above the outstanding warrants upon said treasury at that date, and shall award to the county of Whatcom one-half and to the county of Skagit one-half of such property and funds so appraised and ascertained: Provided, That if both auditors cannot agree upon the appraised valuation of such property, they shall elect a citizen from an adjoining county as arbitrator to adjust the difference between them. Then the auditor of Whatcom county shall draw a warrant on the treasury of said county in favor of the said county of Skagit for the amount so agreed upon as its proportion of the property: Provided further, That all taxes remaining unpaid upon property within the boundaries of Skagit county at the date of the settlement herein provided for, shall be turned over to the auditor of Skagit county, to be collected by the proper officer of said county as now provided by law.
Sec. 8. The several county officers, to be elected at the special election provided for in this act, shall qualify by taking the oath of office within ten days after the date of their certificate of election so issued, and shall give bond for the faithful performance of their duties, subject to the approval of the board of county commissioners of said Skagit county, as is now provided by law, and shall hold office until their successors are elected and qualified at the next general election.
Sec. 9. The board of county commissioners, to be elected under the provisions of this act, shall hold their first quarterly meeting on the first Monday in February, A. D. 1884, any two of whom shall constitute a quorum for the transaction of business. The said board shall have power to fill all vacancies occurring in said board, or in any county office of said county of Skagit, by reason of failure to qualify or otherwise in the520
LAWS OF WASHINGTON
manner provided by the general laws of the Territory: Provided, That the board of county commissioners and other officers of Whatcom county shall continue to exercise and perform their respective duties for both Whatcom and Skagit counties, the same as if not divided, until their successors for Skagit county shall have been elected and qualified as herein provided: Provided further, That the board of county commissioners of Whatcom county shall have power to fill all vacancies by reason of the resignation or withdrawal of any officer of said county residing within the precincts or boundary of Skagit county hereby set apart.
Sec. 10. The auditor of Skagit county shall have access to the records of Whatcom county for the purpose of transcribing and indexing such portions of the records of property as belongs to Skagit county without cost, and his certificate of the correctness thereof shall have the same force and effect as if made by the auditor of Whatcom county.
Sec. 11. The counties of Whatcom and Skagit shall continue in their relation to the counties of Snohomish, Island and San Juan in the matter of legislative districts until otherwise provided by law.
Sec. 12. All acts and parts of acts in conflict with the provisions of this act are hereby repealed.
Sec. 13. This act shall take effect and be in force from and after its passage and approval.
Approved November 28, 1883.
AN ACT
FOR THE PROTECTION OF FISH AND GAME.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That every person who shall, within the Territory of Washington, between the first day of January and the 15th day of August, from and after the passage of this act, pursue, hunt, take, kill or destroy any deer or fawn, shall be deemed guilty of a misdemeanor. Every person who, after the passage of this act, shall take, kill or destroy any deer at any time, unless the carcass of such animal is used or preserved by the person slaying it, or is sold for food, is guilty of a misdemeanor. Every person who, after the passage of this act, shall hunt or pursue deer with a dog or dogs, in the countiesLAWS OF WASHINGTON
521
of Thurston, Cowlitz, Whatcom, Island or Lewis, shall be guilty of a misdemeanor.
Sec. 2. Every person who buys, sells, or has in possession any deer or fawn within the time the taking or killing thereof is prohibited, except such as are tamed or kept for show or curiosity, is guilty of a misdemeanor.
Sec. 3. Every person who shall, within the Territory of Washington, between the first day of January and the fifteenth day of August of each year, hunt, pursue, take, kill or destroy any elk, moose, or mountain sheep, shall be guilty of a misdemeanor. Every person who takes, kills, injures or destroys, or pursues with intent to take, kill, injure or destroy any elk, moose or mountain sheep, at any time for the sole purpose of obtaining the skin, hide, hams or cutlets of any such animal, shall be guilty of a misdemeanor.
Sec. 4. Every person who shall, within the Territory of Washington, between the first day of April and the 15th day of August of each year, take, kill, injure or destroy, or have in possession, sell or offer for sale any wild swans, mallard duck, wood duck, widgeon, teal, butter ball, spoonbill, gray, black, sprigtail or canvas back duck shall be guilty of a misdemeanor: Provided, That any person may kill on his own premises ducks or deer at any time to protect his growing crops.
Sec. 5. Every person who shall, within the Territory of Washington, between the first day of January and the 15th day of August of each year, for any purpose take, kill, injure or destroy, or have in possesssion, sell or offer for sale, any prairie chicken or sage hen shall be guilty of a misdemeanor.
Sec. 6. Every person who shall, within the Territory of Washington, between the first day of January and the first day of August of each year, take, kill, injure or destroy, or have in possession, sell or offer for sale any grouse, pheasant, or partridge, shall be guilty of a misdemeanor.
Sec. 7. Every person who shall, within the Territory of Washington, during the months of November. December, January, February and March of any year, catch, kill, or have in possession, sell or offer for sale, any mountain or brook trout, shall be guilty of a misdemeanor. Every person who shall, within the Territory of Washington, take or attempt to take, or catch, with any seine, net, weir, or other device than hook and line, any mountain, brook or bull trout at any time after the passage of this act, shall be guilty of a misdemeanor.
Sec. 8. Every person who shall, within the Territory of Washington, at any time after the passage of this act, trap, net or ensnare or attempt to trap, net or ensnare any variety of quail, prairie chicken, grouse or pheasant, except for the522
LAWS OF WASHINGTON
purpose of propagating the same, or who shall in any county east of the Cascade range of mountains prior to the year eighteen hundred and eighty-seven, kill any variety of quail shall be guilty of a misdemeanor.
Sec. 9. Every person who shall, within the Territory of Washington, at any time after the passage of this act, destroy or remove from the nest of a mallard duck, widgeon, wood duck, teal, butter ball, spoonbill, gray, black, sprigtail or canvas back duck, prairie chicken or sage hen, grouse, pheasant, quail, partridge or other wild fowl any egg or eggr, or willfully destroy the nest of any such fowls or birds, shall be guilty of a misdemeanor.
Sec. 10. Every person who shall, within the Territory of Washington, have any male deer or buck, or any female deer or doe, or spotted fawn, elk, moose, or mountain sheep, swan, mallard duck, wood duck, widgeon, teal, butter ball, spoonbill, gray, black, sprigtail or canvas back duck, prairie chicken, or sage hen, grouse, pheasant, quail, bob white or partridge, mountain or brook trout, at any time when it is unlawful to take or kill the same as provided in this act, shall be guilty of a misdemeanor, and proof of possession of any of the aforesaid animals, fowls, birds or fish, at a time when it is unlawful to take or kill the same in the county where the same is found shall be prima facie evidence in any prosecution for a violation of this act, that the person or persons in whose possession the same is found, taken, killed or destroyed the same in the county wherein the same is found, during the period when it was unlawful to take, kill or destroy the same.
Sec. 11. Every person who shall, within the Territory of Washington, take, kill, shoot at, maim or destroy any mallard duck, wood duck, widgeon, teal, butter ball, spoonbill, gray, black, sprigtail or canvas back duck, at any time between the hours of 8 p. m. and 5 a. in., shall be guilty of a misdemeanor.
Sec. 12. Every person who shall use any sink box on any lake or river, or other waters in Washington Territory, for the purpose of shooting ducks or geese or other water fowls therefrom, or who shall use any batteries or swivel or pivot gun on boats, canvas, rafts or other device at any time, for the purpose cf killing any water fowl within the limits of Washington Territory, shall be guilty of a misdemeanor.
Sec. 13. Every person convicted of the violation of anv of the provisions of this act shall be punished by a fine of not less than ten dollars and not more than three hundred dollars, or imprisonment in the county jail of the county where the offense was committed, for not less than five days nor more than three months, or both such imprisonment and fine. One-half of all money collected for fines for violation of theLAWS OF WASHINGTON
523
provisions of this act shall be paid to informers, and one-half to the prosecuting attorney in the district in which the case is prosecuted.
Sec. 14. All acts and parts of acts in conflict herewith are hereby repealed.
Approved November 27, 1883.
AN ACT
TO PROVIDE FOR THE PRINTING AND DISTRIBUTION OF SCHOOL LAW IN PAMPHLET FORM.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That the public printer be, and he is hereby, authorized under the direction of the Territorial auditor to print, at the expense of the Territory, three thousand copies of the school law, of this Territory, in pamphlet form for the use of the several counties in this Territory. Appended to such school law, shall also be published such rules and regulations as shall have been adopted for the government of schools and teachers by the board of education.
Sec. 2. Said school laws shall be printed immediately after the adjournment of the present session of the legislative assembly, and, as soon as possible thereafter, the Territorial auditor shall distribute the same at the expense of the Territory among the various counties in proportion to the population and number of school districts in each county.
Sec. 3. Upon the delivery, by the public printer, of said laws to the Territorial auditor he shall audit the account for the same and draw a warrant on the Territorial treasurer in payment for such amount as shall be found to be due.
Sec. 4. It shall be the duty of the auditor of the several counties to deliver one copy to each school officer upon his application for the same, and distribute the rest among the teachers and citizens of the county.
Sec. 5. This act shall take effect and be in force from and after its approval.
Approved November 28, 1883.524
LAWS OF WASHINGTON
AN ACT
TO PROTECT THE RING NECK MONGOLIAN PHEASANT.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That it shall not be lawful for any person within the Territory of Washington, for and during the term of four years from and after the passage of this act, to injure, take, kill, expose or offer for sale, any ring neck Mongolian pheasant, being the species of pheasant recently introduced into said Territory.
Sec. 2. Any person violating the provisions of this act, shall, upon conviction thereof before any justice of the peace in said Territory, be fined in any sum not less than ten nor more than one hundred dollars.
Sec. 3. This act to take effect and be in force from and after its passage and approval.
Approved November 13, 1883.
AN ACT
TO APPROPRIATE MONEY FOR TERRITORIAL INCIDENTAL EX-
PENSES.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That the sum of five hundred dollars, or as much thereof as may be necessary, is hereby appropriated out of any money in the Territorial treasury not othewrise appropriated for Territorial incidental expenses of the executive office: Provided, That no portion of the sum mentioned be expended for the purchase of blanks already provided in C. B. 91.
Sec. 2. The Territorial auditor is hereby authorized to draw warrants on the Territorial treasurer, to an amount not exceeding five hundred dollars, on presentation to him of vouchers duly certified by the Governor, that the amount has been expended for Territorial incidental expenses.
Sec. 3. The Territorial treasurer is hereby authorized to pay such warrants upon presentation, out of any money not otherwise appropriated.
Sec. 4. This act to take effect and be in force from and after its passage and approval.
Approved November 28, 1883.LAWS OF WASHINGTON
525
AN ACT
IN RELATION TO THE PURCHASE OF SAFES FOR THE USE OF THE TERRITORIAL OFFICERS.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That the sum of one thousand dollars be appropriated out of any money in the Territorial treasury not otherwise appropriated to purchase a new lire and burglar proof safe in accordance with plans submitted by the Territorial treasurer. And that the safe now in the office of the treasurer be exchanged for a new safe suitable for the office of the Territorial auditor. That the safe now in use by the auditor be placed in the office of the clerk of the supreme court for the use of said office.
Sec. 2. On the receipt and acceptance by the auditor and treasurer of the safes mentioned in section 1 of this act, it is hereby made the duty of the Territorial auditor to draw a warrant in favor of the company or their authorized agent, furnishing the said safe for the sum of one thousand dollars, and the further sum of one hundred dollars or as much thereof as is necessary for the purpose of placing the said safes in the offices herein mentioned.
Sec. 3. This act to take effect from and after its approval.
Approved November 24, 1883.
AN ACT
APPROPRIATING MONEY TO PAY FOR INSURANCE OF THE CAPITOL BUILDING AND LIBRARY.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That the following amounts be and the same are hereby appropriated out of any money in the Territorial treasury not otherwise appropriated for the purposes herein named, to-wit: $150 to insure the capitol building and library of the Territory of Washington.
Sec. 2. The Governor of the Territory of Washington is hereby authorized and empowered to contract with some reliable lire insurance company at as low rates as possible for the insurance of the capitol building and library of the Territory of Washington.526
LAWS OF WASHINGTON
Sec. 3. The Territorial auditor, upon the written order of the Governor, stating the amount and to whom due, and duly certified to, shall draw a warrant on the Territorial treasurer for such amount and in favor of the party therein stated.
Sec. 4. This act to be in force from and after its passage and approval.
Approved November 28, 1883.
AN ACT
TO SUPPLY DEFICIENCIES IN THE APPROPRIATION FOR HOSPITAL FOR THE INSANE FOR THE FISCAL YEARS 1882, 1883.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That the sum of twelve hundred and eightyeight dollars and eighty-three cents, or so much thereof, as may be necessary, be appropriated out of the Territorial treasury, to supply deficiencies in the appropriation for the hospital for the insane, for the fiscal year 1882, and the fiscal year 1883, as reported by the Territorial auditor.
Sec. 2. The Territorial auditor shall draw his warrants on the Territorial treasurer, in favor of the persons named in said report, for the sums found to be due them respectively, which warrants shall be paid out of any money in the treasury not otherwise appropriated.
Sec. 3. This act shall take effect and be in force from and after its passage and approval.
Approved November 23, 1883.
AN ACT
TO APPROPRIATE MONEY TO PURCHASE A FLAG.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That the Territorial auditor be, and is hereby, authorized to purchase, for the use of the capitol, a twenty-two foot flag.
Sec. 2. That the sum of fifty dollars, or so much thereofLAWS OF WASHINGTON
527
as may be necessary, be, and the same is hereby, appropriated out of the Territorial treasury to pay for said flag.
Sec. 3. That the Territorial auditor is hereby instructed to draw a Territorial warrant in favor of himself for said sum, and the Territorial treasurer is instructed to pay the same out of any money in the treasury not otherwise appropriated.
Sec. 4. This act to take effect and be in force from and after its approval.
Approved October 28, 1883.
AN ACT
TO APPROPRIATE MONEY FOR THE UNIVERSITY OF WASHINGTON TERRITORY.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That the sum of three thousand dollars is hereby appropriated out of any moneys in the Territorial treasury not otherwise appropriated, for the purpose of paying salaries of teachers and supporting the Territorial university of Washington Territory for the year ending upon the thirty-first day of December, in the year of our Lord, one thousand eight hundred and eighty-four, and the sum of three thousand dollars more is hereby appropriated for the purpose of paying the salaries of teachers and supporting the said Territorial university out of any moneys.in the Territorial treasury not otherwise appropriated, for the year ending upon the thirty-first day of December, in the year of our Lord, one thousand eight hundred and eighty-five.
Sec. 2. This act to take effect from and after its approval by the Governor.
Approved October 31, 1883.
AN ACT
TO AMEND CHAPTER CCVII OF THE CODE OF WASHINGTON TERRITORY, RELATIVE TO THE INSPECTION AND MEASUREMENT OF LOGS AND THE FORMATION OF LUMBER DISTRICTS.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That chapter CCVII of the Code of said Territory be amended to read as follows:
Section 2639. For the purpose of inspecting and regulat-528
LAWS OF WASHINGTON
ing the measurement of logs, lumber districts are established as follows: The territory embraced in the counties of Whatcom, Island and Snohomish, shall constitute the first district; the territory embraced in the county of King, shall constitute the second district; the territory embraced in the counties of Kitsap and Pierce, shall constitute the third district; the territory embraced in the counties of Mason, Jefferson, Clallam and San Juan, shall constitute the fourth district; the territory embraced in the counties of Thurston, Lewis and Chehalis, shall constitute the fifth district; the territory embraced in the counties of Cowlitz, Pacific and Wahkiakum, shall constitute the sixth district; the territory embraced in the counties of Clarke, Skamania, Yakima and Klickitat, shall constitute the seventh district; the territory embraced in the counties of Walla Walla, Columbia and Garfield, shall constitute the eighth district; the territory embraced in the counties of Whitman, Stevens and Spokane, shall constitute the ninth district.
Section 2640. The Governor shall appoint an inspector for each of said lumber districts, who sha11. be styled Lumber Inspector of District No.—(designating the district). Such inspector shall, at the time of his appointment, be a citizen of this Territory and reside within the lumber district for which he is appointed; his term of office shall be for two years, and shall commence on the first Monday of January next following his appointment, and he shall hold until his successor is appointed and qualified, unless removed as hereinafter provided. Vacancies in the office of lumber inspector shall be filled by appointment for the unexpired term.
Section 2641. The Governor shall have the power, and it is hereby made his duty, upon receiving a petition in writing, signed by five master loggers of the lumber district in which the lumber inspector resides, complaining of the wrongful acts of such inspector or his deputies, to investigate such charges, and in his discretion to remove such inspector, and to appoint a successor for such inspector. A master logger is one who works three or more yoke of cattle, and employs three or more men in the business of getting out saw logs, spars and like timber.
Section 2642. Each lumber inspector and each deputy lumber inspector shall, before entering upon the duties of his office, take and subscribe an oath that he will faithfully dis-chaige the duties of his office to the best of his knowledge and ability. Each lumber inspector shall execute to the Territory of W ashington, a bond, with three or more sureties, to be approved by the judge of the district court, in whose judicial district the said lumber district is situated, in the sum of fiveLAWS OF WASHINGTON
529
thousand dollars, conditioned that he and his deputies will faithfully perform their duties as lumber inspectors of dis< trict No. — (designating the district), and if said lumber inspector or his deputy shall fail to keep the conditions of said bond, then the person, aggrived by his or their wrongful or unlawful act, shall have a right of action against said inspector and the sureties on said bond, and they shall be liable on said bond for any judgment recovered in such action, to the amount of the penalty of such bond.
Section 2643. The Governor shall desgniate the place in which lumber inspectors shall keep their offices, at the time he appoints such inspectors.
Section 2644. Each inspector shall have the right to appoint one or more deputy lumber inspectors for his district, and he and his bondsmen shall be held responsible on their official bond for the acts of such deputies in the discharge of their official duties.
Section 2645. All logs bartered or sold in the districts aforesaid shall be scaled and measured at the place where they are boomed or rafted ready for towage to market or mill.
Section 2646. No logs shall be towed from the place where they are boomed or rafted and required to be scaled and measured as provided for in the preceding section unless the owner or owners thereof, or some one in their behalf have caused the same to be measured, scaled and inspected by the lumber inspector or one of his deputies of the district in which such logs are boomed or rafted for towage as aforesaid. All persons violating this section, by removing the said logs before they are scaled and. measured, as herein provided for, or by aiding in the removal of the same, shall be deemed guilty of a misdemeanor, and on conviction thereof shall, for each offense be fined in any sum not less than five hundred nor more than two thousand dollars, and they shall stand committed until such fine and the costs of prosecution are paid.
Section 2647. On the scalement and measurement of saw logs, the inspector or his deputy making the same, shall make out a bill, stating therein the number of logs, the number of feet, board measure, contained in such logs, and at whose request, and by whom the same were scaled or measured, a copy of which he shall enter upon the books of his office, to be provided by him and kept for that purpose, with the marks, if any, as they occur upon the logs. A correct bill of the same shall be given to such owner, with a certificate thereto attached, that it is a true and correct bill, which bill so certified shall be presumptive evidence of the facts therein contained, and of the correctness of such scalement or measurement, in530
LAWS OF WASHINGTON
all the courts of this Territory, except in favor of the inspector or deputy inspector, who made the same.
Section 2648. Each lumber inspector and his deputies shall, in scaling or measuring logs, make such allowance for hollow or crooked logs as would make them equal to good, sound, straight and merchantable logs; and all logs shall be measured under and in accordance with the rule herein provided. Each lumber inspector shall require of each of his deputies at the end of each month a correct account of all the logs measured or scaled by him during the month next preceding, and he shall immediately enter such accounts upon the books of his office. The scale and rule by which the quantity of logs shall be determined, is the rule laid down and prescribed in Scribner's lumber and log book, as copyrighted in 1882 by George W. Fisher, of Rochester, New York.
Section 2649. Each lumber inspector or his deputy, shall receive and collect, from the person employing them for measuring and scaling logs and similar timber, as herein provided, the following fees: For every boom or raft not exceeding three hundred thousand feet, five cents per thousand; and for all booms or rafts over three hundred thousand feet, three and a half cents per thousand. One-half of one per cent, of the fee paid to the inspector or his deputies, as herein provided, shall be for the benefit of the common school fund of the counties in which the lumber districts are situated, and shall be given to the county in which the logs were cut.
Section 2650. When any logs, cut, boomed or rafted in any of the lumber districts herein designated, shall have been scaled or measured, as herein provided, the scale bill of such measurement, made and certified as herein provided, shall be delivered to the owner of the logs scaled or measured, and it shall constitute the basis by which the quantity of such logs shall be determined.
Section 2651. The fines recovered under the provisions of this act shall be for the benefit of the common school fund of the Territory of Washington; and such fines shall be assigned and paid to the counties in which the logs were cut.
Section 2652. This act shall be in lieu of chapter CCVH of the Code of Washington Territory, relative to the measurement of logs and the formation of lumber districts, and the same is a repeal of said chapter.
Section 2653. This act to take effect and be in force from and after its passage and approval by the Governor.
Approved November 26, 1883.LAWS OF WASHINGTON	531

AN ACT
To Authorize the Board of Commissioners of King County to Build a Court House and Jail in Said County, and to Provide Funds Therefor.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That the board of commissioners of King county be, and they are hereby, authorized and empowered to purchase the necessary grounds in the city of Seattle, and to build and construct thereon a suitable building for a court house and jail for said county.
Sec. 2. The foundation of said building shall be built of stone, the walls and partitions shall be constructed of brick, the roof shall be covered with tin or slate, and the several offices shall be provided with fire-proof vaults, sufficient for the preservation of county books, papers and records. Such building shall cost, when completed, exclusive of the costs of the grounds, not exceeding the sum of seventy-five thousand dollars.
Sec. 3. For the purpose of providing funds for the purchase of the necessary grounds and the construction of said building and for the furnishing of the same, the said board of commissioners are authorized to bargain, sell and convey the grounds and buildings thereon now occupied by the county, to-wit: Lots 1, 4 and 5, in block 38 of C. D. Boren’s addition to Seattle; and are further authorized and empowered to levy an annual tax of not exceeding two mills on the dollar, upon all the taxable property in King county, for the years 1884,1885,1886, 1887,1888 and 1889; such taxes shall be levied at the same time that Territorial and county taxes are levied, and shall be collected in the same manner as other county taxes are collected; and the proceeds of the sale of said lots aforesaid, and of said taxes, shall constitute a fund to be known as the “court house fund,” and all such taxes levied therefor shall be called the “court house tax.”
Sec. 4. The whole cost and expense of purchasing such grounds and building said house and jail, including all payments of interest, shall be paid from said court house fund by county warrants, to be known as “court house warrants,” and drawn upon said “court house fund.”
Sec. 5. In order to procure the money required from time to time, for the purposes herein aforesaid, the said board of commissioners may, in their discretion, order issued “court house warrants” on the “court house fund,” for such sum or sums as they deem best, and payable at a time or times to be532
LAWS OF WASHINGTON
stated in such warrants, not exceeding six years from the dates thereof, with ten per cent, interest from date; such interest shall be payable annually at the office of the county treasurer, and for which interest coupon warrants may be attached to and issued with such warrants.
Sec. 6. The board may, from time to time, in their discretion, dispose of said “court house warrants” in such sums as they deem best, to such person or persons as will pay the highest price therefor, and to that end may advertise for sealed proposals fo-r the whole or any part thereof, to be paid for and bear interest from the delivery of the same to the party or parties purchasing such warrants.
Sec. 7. Said board are authorized and empowered to enter into contracts in the name of the county, with such person or persons, firm or firms or corporations as they deem best for the furnishing of plans, superintending the work and constructing such building, as well as for the purchase of and preparation of the grounds. Such contracts shall only be made upon the order of the board, entered of record among their proceedings; and the board may also require employes and contractors to execute bonds with proper sureties to their approval for the due performance of their contracts.
Sec. 8. In case the levies provided in section three of this act shall not be sufficient to pay the principal and interest of said “court house warrants,” at the expiration of the time said warrants are due and payable, the board be, and are, authorized to levy a tax sufficient to pay the same upon the taxable property of the county, such tax to be levied and collected as other county taxes.
Sec. 9. All contracts, herein provided for, shall be signed by the chairman of the board of commissioners for and on behalf of the county, and all court house warrants shall be signed by such chairman and countersigned by the county auditor, under the seal of the board.
Sec. 10. This act shall take effect and be in force from and after its approval by the Governor.
Approved November 28, 1883.LAWS OF WASHINGTON	533
AN ACT
To Authorize the Board of School Directors of School District Number Six of Clarke County, Washington Territory, to Borrow Money to Pay the Outstanding Indebtedness of Said School Incurred in Building a District School House.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That the board of school directors of school district number six (6) of Clarke county, Washington Territory, be, and they are hereby, authorized and empowered, in the name of said school district, to borrow any sum of money not exceeding twenty-two thousand dollars, upon which they may pay any rate of interest not more than ten (10) per cent, per annum, to be used and apportioned by said board of school directors for the purpose of paying the outstanding indebtedness against said school district incurred in the erection of the public school house in the said school district.
Sec. 2. That the said board of school directors, for the purpose of carrying the provisions of this act into effect, shall have power, and they are hereby authorized, in the name of said school district, to issue twenty-two thousand dollars in bonds, in denominations of not less than one hundred dollars, to bear interest as in this act provided, payable in ten years from the date thereof: Provided, That said bonds may be redeemed or refunded by said board of school directors at any time after the expiration of five years from their date.
Sec. 3. That the said board of school directors be, and they are hereby authorized, empowered and directed to levy and assess a direct special school tax annually hereafter on all the taxable property in said school district as assessed and returned by the assessor of the county of Clarke for county and Territorial purposes, sufficient to pay the annual interest on said bonds and ten (10) per cent, of the principal thereof, until said bonds shall have been fully paid; and to certify said special tax so levied and assessed to the county auditor of the said county of Clarke, which tax shall be a lien upon, and be collected out, and from the taxable property of said school district, within the same time and in the same manner as other special taxes are collected under existing laws of this Territory.
Sec. 4. The county treasurer of the county of Clarke, shall be entitled to one per cent, for receiving, and one per cent, for disbursing the special taxes in this act mentioned, and no534
LAWS OF WASHINGTON
other or greater compensation shall be allowed for such services.
Sec. 5. This act to take effect and be in force from and after its passage and approval bv the Governor.
Approved November 13, 1883.
AN ACT
To Enable the Board of School Directors of School District Number Fifty-three of Clarke County, Washington Territory, to Borrow Money to Pay the Outstanding Indebtedness of Said School District and to Complete the Public School House Therein.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That the board of school directors of school distinct numbered fifty-three (53) of Clarke county, Washington Territory be and they are hereby empowered, in the name ot said school district, to borrow any sum of money not exceeding six hundred dollars, upon which they may’ pav interest not exceeding ten per centum per annum to be used by said board of school directors for the purpose of payin <>• the outstanding indebtedness against said school district incurred in the erection of the school house therein, and to complete and furnish the same.
Sec. 2. That said board of school directors for the purpose of carrying the provisions of this act into effect, shall have power and they are hereby authorized in the name of said school district to issue six hundred dollars in bonds in aenominations of not less than one hundred dollars each to bear inteiest as in this act provided; payable in ten vears Tom the date thereof: Provided, The said bonds may be redeemed or refunded by said board of school directors at any time aftei the expiration of five years from their date.
Sec. 3. that said board of school directors be and they are hereby authorized and empowered to levy and assess a direct special school tax annually hereafter on all the taxable property in said school district as assessed and returned annually by the assessor of the county of Clarke for countv and territorial purposes sufficient to pay the annual interest on the said bonds, and ten per cent, of the principal thereof, until said bonds shall have been fully paid; and certify said specialLAWS OF WASHINGTON
535
tax so levied and assessed to the county auditor of the said county of Clarke; which tax shall be a lien upon, and shall be collected out of and from the taxable property of said school district within the same time and in the same manner as other special school taxes are collected under existing laws of this Territory.
Sec. 4. This act shall take effect and be in force from and after its passage.
Approved November 28, 1883.
AN ACT
To Authorize the Board of County Commissioners of Clarke County, Washington Territory, to Borrow Money to Complete the Court House and Jail in Said County of Clarke.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That the board of county commissioners of Clarke county be, and the same are hereby, authorized and empowered in the name of said county, to borrow, in addition to the amount mentioned in the special act of the legislative assembly of the Territory of Washington, approved November 26, 1881, entitled “An act authorizing the county commissioners of Clarke county, Washington Territory, to borrow money to build a court house and jail,” any sum of money not exceeding fifteen thousand dollars, upon which interest, not greater than eight per cent, per annum, may be paid, to be used by said board of county commissioners, for the purpose of completing the court house, now in course of construction, and to place a sufficient number of cells for the confinement of county and other prisoners in the jail in said court house, and to properly furnish and warm the said court house and jail.
Sec. 2. The said board of county commissioners shall, for the purpose of carrying the provisions of this act into effect, have power, and they are hereby authorized and empowered in the name of said county, to issue fifteen thousand dollars in bonds, in denominations of not less than five hundred dollars each, to bear interest as in this act provided, payable in fifteen years from the date thereof: Provided, Said bonds may be redeemed by said county of Clarke, at any time after five years from this date.
Sec. 3. The said board of county commissioners are here-536
LAWS OF WASHINGTON
uL	d ° eVy and collect> annually, at the same time,
‘?"d A	s“m? manner as they levy and collect taxes for
?bf t« T®rntonal and county purposes, a special tax on all to no? 4,^ ® P^P^V of the said county of Clarke, sufficient i««P d n ,ainf+reSp On Said bonds by this act authorized to be 1 rF years from the date of such b°nds, they sufficient+^y’ mn lke manner, levy and collect a special tax S f V Pay a! a1ccrued interest on said bonds, and ten per S\	PT^ipal thereof’ and until the ^mle amount of
dischar^d	mterest thereon shall have been paid and
n -	4‘ Tbis act shall take effect and be in force from and
atter its passage.
Approved November 13, 1883.
AN ACT
To Amend an Act in Relation to the Election of County Commissioners, and Defining Their Duties in the Counties of Clarke, Thurston, Klickitat, Yakima, Kitsap and Walla W alia, Approved November 9, 1877.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That section seven of said act shall be amended so as to read as follows: That no more than one countv com-missionei be elected, at any general election, in any one com-missioner district: Provided, That this act shall apply to the ^unties of Clarke, Thurston, Yakima, Walla Walla, Kitsap, Chehalis^ Klickitat, Lewis, Whitman, Spokane and Columbia. And section eight be amended to read as follows: That at the general election for the choice of county officers, there shall be two county commissioners elected to serve for the term t^o years each, and one for the term of four years: Provided, That this act shall apply to the counties ‘of Clarke, T^on, Yakima, Kitsap, Walla Walla, Chehalis, Lewis, Klickitat, AA hitman, Spokane and Columbia.
Sec. 2. Ihis act to take effect and be in force from and after its approval.
Approved November 26, 1883.
A.LAWS OF WASHINGTON
537
AN ACT
To Authorize the Boards of County Commissioners of the Counties of King, Pierce. Lewis and Thurston to Hold Their Annual Sessions as Boards of Equalization of Taxes for Terms of Four and Three Weeks Respectively.
Be it enacted by the Legislative Assembly of the Territory of Washington:
Section 1. That the board of county commissioners of King county be, and it is hereby, authorized to hold its annual sessions as a board of equalization of taxes as provided in section 2,873 of the Code, for a term not to exceed four weeks for said purpose.
Sec. 2. The board of county commissioners of Pierce, Lewis and Thurston counties is authorized to hold its annual sessions as a board of equalization of taxes, for a term not to exceed three weeks.
Sec. 3. The proviso, “that said term shall not exceed two weeks in one county for this purpose,” contained in said section 2,873 of the Code, is hereby repealed, so far as the same relates to the counties of King, Pierce, Lewis and Thurston.
Sec. 4. This act to take effect and be in force from and after its passage.
Approved November 28, 1883.INDEX.
This being a part of Volume IV. of the Tribune Printing Company’s edi tion of the Session Laws of Washington, the references in the index are made to that volume. All other references are to the Public Printer’s copy.
CORRESPONDING PAGING.
Paging of pubxic printer’s copy in bold-face; the paging of this edition in ordinary type.
87-8—1, 3. 2, 3. 3, 4. 4, 5. 5, 5. 5, 6. 7, 7.
9,	9. 10, 10. 12, 12. 14, 26. 15, 13. 16, 15. 21,	19.	24,	22.	29,	26.	29,	27.	30,
27.	31,	28.	32,	28.	32,	29.	43.	39.	44,
40.	46,	41.	50,	45.	51,	46.	52,	47,	54,
48.	55,	50.	58,	51.	63,	56.	65,	58.	65,
58.	68,	61.	70,	63.	73,	65,	74,	65.	74,
66.	76,	67.	77,	68.	78,	69.	79,	70.	80,
70.	81,	71.	82,	72.	85,	75.	86,	76.	87,
77.	90, 80. 93, 82. 93, 82. 94, 83. 95, 84. 97, 85. 100, 88. 101, 88. 106, 92. 106, 93. 107, 93. 108. 94. 111, 97. 112, 97. 113, 98. 114, 99. 115, 99. 117, 101. 118, 102. 120, 104. 121, 104. 122, 105. 123, 106. 124, 107. 126, 109. 128, 111. 130, 112. 131, 113. 132, 114. 141, 122. 142, 123. 144, 125. 145, 126. 146, 127. 147, 127. 157, 138. 158, 138. 159, 139. 160, 139. 162, 141. 163, 142. 164, 142. 164, 142. 168, 147. 171, 150. 175, 153. 180, 157. 181, 158. 182, 159. 184, 161. 184, 161. 185, 162. 186, 162. 1$7, 163. 188, 164. 189, 165. 190, 166. 191, 166. 192, 167. 194, 168. 195, 169. 196, 170. 197, 170. 198, 171. 199, 172. 20'J, 173. 202, 175. 203, 176. 204, 207. 208, 180. 210, 182. 211, 183. 212, 183. 213, 184. 214, 185. 215, 186. 216, 186. 220, 191. 221, 191. 232, 202. 234, 203. 236, 205. 241, 989. Resolutions 281-7, 207-11. 85-6—3, 213. 29, 239. 29, 240. 31, 242. 39.
249.	47, 257. 54. 264. 59, 269. 64, 274. 65, 275. 66, 275. 67, 276. 67, 276. 70, 279. 73, 282. 73, 283. 74, 283. 74, 284. 75, 284. 75, 285. 76, 286. 77, 287. 78, 288. 79, 289. 80, 289. 81, 290. 81, 291. 82. 291. 84. 293. 84, 293. 86, 295. 87, 295. 89, 297. 89, 298. 90, 298. 92, 300. 93, 301. 94, 302. 95, 303. 96, 303. 98, 305. 100,	307.	101,	308.	102,	309.	103,
310 104,	310.	104,	311.	105,	312.	106,
313 108,	314.	109,	316.	110,	317.	112,
318 113,	319.	113,	319.	114,	320.	116,
322. 116,	322.	117,	323.	118,	323.	118,
8 5-6—Continued.
324.	120,	325.	121,	326.	122,	327.	122,
327.	124,	329.	125,	330.	126,	331.	128,
332.	129,	334.	133,	338.	136,	340.	141,
345.	144,	348.	146,	349.	148,	351.	149,
352.	150,	353.	151,	354.	152,	355.	155,
358.	156,	359.	157,	360.	158,	360.	158,
361.	159,	361.	160,	362.	161,	363.	161,
363.	161,	363.	162,	364.	162,	364.	163,
365.	164,	366.	165,	366.	165,	367.	166,
367.	167,	369.	168,	370.	169,	370.	170,
371.	171,	372.	172,	373.	173,	374.	174,
375.	174,	375.	175,	376.	176,	377.	177,
378.	464,	380.	465,	380.	465,	381.	466.
381.	475,	382.	476,	383.	477,	384.	480,
385.	482,	387.	483,	388.	485,	390.	499,
391.	500. 392. 503, 395. 515, 397. Resolutions 549-55, 401-4.
83—3, 405. 25, 430. 28, 435. 29, 435. 30, 437. 30, 437. 32, 439. 33, 441. 34, 441. 35, 442. 35, 443. 36, 444. 36, 444. 37, 445. 38, 446. 39, 447. 39, 447. 39, 448. 40, 449. 42, 507. 42, 451. 43, 452. 43, 453. 44, 453. 46, 456. 47, 457. 48, 458. 49, 456. 50, 460. 51, 461. 51, 462. 53, 464. 53, 464. 53, 464. 54, 465. 54, 466. 55, 466. 56, 468. 57, 469. 57, 469. 58. 470. 59, 471. 60, 472. 60, 473. 61, 473. 61, 474. 62, 475. 62, 475. 63, 476, 64, 478. 67, 480. 67, 481. 67, 481. 68 482. 68, 483. 69, 484. 70, 484. 70, 485. 71, 486. 72, 487. 77, 493. 82, 4-99. 85, 503. 87, 505. 87, 505. 89, 507. 90, 509, 93, 512. 95, 514. 96, 515. 97, 517. 100, 520 102, 503. 103, 524. 103, 524. 104, 525. 104, 525. 105, 526. 105, 526. 105, 527. 106, 527. 390, 531. 391, 533. 401, 534. 407, 535. 414, 536. 415, 537.
Resolutions 445-6, 539.
8 UBJE CT INDEX-
Adams County—
85-6—To enable school district No. 1 in Adams county to borrow money, iv 382.
“ —Countv roads for Adams county, 506; repld 87-8 241.
83—To organize Adams county, iv 512.540
INDEX.
Administration—
87-8— To amend c 81 relating to probate sales and inventories, iv 162, 163, 436 amd 95 394.
85-6—To amend c 81 relating to drunkards, iv 362, 439.
“	—To amend c 81 relating to provision for wife and children, iv 371, 453.
Ainsworth—
85-6—To repeal act (83 214) to incorporate the City of Ainsworth, 424.
83—To incorporate the City of Ainsworth, 214; repld 85-6 424.
Aliens—
85-6—Aliens naturalized by district court, iv 319.
“	—Rights of to hold lands, iv 309.
Appeals—
87-8—Appeal to supreme court of the United States in injunction cases, iv 4.
“	—Appeal from order granting injunction, iv 4.
85-6—To amend c81 relating to appeals to the supreme court—exceptions, iv 279; repld 89-90 333.
83—Appeals to the supreme court, iv 471.
Appropriation s—•
87-8—To pay the superintendent of the penitentiary for recaptures, 252—Care of arms, 252—Clerk of the council, 255— Publishing act relating to certain artesian wells, 254— Paige for care of capitol building, 251—Reynolds as trustee for the school for defective youth, 253—Parker as trustee for the school for defective youth, 253—Governor’s messenger, 250—Employes of the present legislature, iv 125—Elder and others as penitentiary commissioners, 248— Landes and others as commissioners to select site for school for defective youth, 250—Vansyckle university land claim, 255—Egan as chaplain of the penitentiary, 248—Adjutant general certain expenses, 245—Insurance of the capitol and library, 245—Expenses of the hospital for the insane, iv 97— First National Bank of Seattle, money advanced on account of exposition at New Orleans, 249—Albert for expenses regarding fisheries on the Columbia river, 246—Billings and others for blankets, etc., for the penitentiary, 247—Incidental expenses of executive office, iv 186—Deficiency in the erection of buildings for the hospital at Steilacoom, iv 97—School for defective youth, iv 75—Postage of the members, iv 127—Additional employes of the legislature, iv 126—Incidental expenses of the legislature and state officers, iv 123.
85-6—To pay penitentiary site commissioners, 468—Legislative employes, 466— Care of arms, 470—Commissioners at New Orleans exposition, iv 354—Additional legislative' employes, 467—Paine for care of arms, 473—Adjutant general, 468—Contingent expenses of the legislature, iv 358—Territorial incidental expenses, iv 359—Clancy, 470— O’Loughlin, money paid into the territorial treasury by error, 472—Stamps for members, iv 360—Pix for clearing
capitol grounds, iv 360—Improving the capitol grounds and buildings, 157—To maintain the university, 149—Hospital for the insane, iv 351—McGraw for expenses of extradition, 472—Chaplain of the council, 469.
83—To pay Woolery expenses of extradition, 408—Nixon, 395—Evans for extradition of fugitives, 406—Additional clerks for the present legislature, 409— Blanks for the secretary’s office, 416— For a flag, iv 526—Clerks of the present legislature, 408—Indexing the session laws, 398—Instructors in the university, iv 527—Hutchinson for keeping fugitives. 403—Blanks for the executive department. 418—Care of arms, 392—Territorial incidental expenses, iv 524— Care of arms. 406—Employees of the present legislature. 413—Reed, 397—Insurance of the capitol building and library, 5v 527—Tacoma Lodge Library Association. 398—Safes for territorial officers, iv 525—Deficiency, hospital for the insane, iv 526.
Artesian Wells—
87-8—Artesian well in Yakima county, iv 6; amd 91 215.
85-6—Sinking artesian wells in certain counties, iv 376.
Asotin County—
85-6—To create a district court for Asotin county, iv 274.
“ —Salary of probate judge, Asotin county, 457
83—To organize Asotin county, iv 515.
Attorneys—
87-8—Attorneys’ fees on promissory notes, iv 9.
»85-6— Attorneys fees in promissory notes, iv 377.
Attorney General—
87-8—To create the office of attorney general, iv 7.
Bills of fading. etc.—
85-6—Relating to- bills rf lading and ware-hc ise receipts, iv 326.
85-6—To fix lost boundaries to lands, iv 311. Centralia — -
85-6—To incorporate the town of Centralia, 444.
Ch "halis—
83—To incorporate the city of Chehalis, 234.
Chehalis County—
85-6—To enable school district No. 4, in Chehalis county, to borr'w money, iv 383.
“ —To locate the county evat of Chehalig county by popular vote, 451
83—To create a district cour for the county of Chehalis, iv 458.
“ —Chehalis to build bridges and roads, 410.
“ —All causes from removed to Olympia to remain there, iv 464.
Cheney—
83—To incorporate the town of Cheney, 335; amd 85-6 442.INDEX.

541
Civil Procedure—
87-8—Relating to commencement of civil actions, iv 22 276, 283.
“	—To prescribe the form of motions for new trials ay 1 to repeal sec. 281 c 81,' iv 27.
“	—To amend c olating to arrest and bail, iv 28.
“	—To amend c relating to the computation of time, iv 28.
“	—To amend c 81 relating to depositions, iv 27.
“	—To amend c 81 relating to verification of pleading, iv 26.
"	—Issuance of execution in civil causes, iv 83 284.
"	—Appeal from order granting injunction, iv 4.
"	—Appeal to the supreme court of the United States in order granting injunction. iv 5.
85-6—To amend the code relating to exemptions from execution, iv 303; amd 97 93.
“	—To amend c 81 relating to proceedings supplementary to execution, iv 282 amd 91 39.
“	—To amend c 81 relating to husband and wife as witnesses, iv 283.
“	—To amend c 81 relating to, pleading limitation of action, iv 284.'
“	—To amend c 81 relating to grounds of demurrer, iv 285.
"	—Redemption after foreclosure, iv 322; repld 97 70.
“	—Relating to attachment and garnishment, iv 249.
83—Possessory actions for unsurveyed lands, iv 485.
“	—To amend c 81 relating to exemptions from execution, iv 444 repld iv 303.
“	—To amend c 81 relating to attachment, iv 451.
Clarke County—
85-6—To enable school district No. 58 to borrow money, iv 384.
83—To enable to borrow for courthouse and jail, iv 535.
“	—To enable school district No. 53 to borrow money, iv 534.
“	—School district No. 6 authorized to borrow money, iv 533.
Coal Mines—
87-8—In relation to coal mines, iv 29.
83—Inspection of coal mines, iv 430; amd iv 334.
Code—
87-8—To create a code commission, iv 40.
83—To amend c81 relating to civil procedure, probate law, justice’s practice liens for salaries, jailers, terms of court, private corporations, county auditor, taxation, iv 453. Validated by congress, 23 U. S. Stat, at L., 122.
“	—Distribution of the code, etc., iv 466.
Columbia County—
85-6—Courthouse and jail for, iv 395. Community Property—
87-8—Conveyance of community property, iv 47.
Counties—
87-8—To enable counties to issue bonds to pay debts, iv 10.
“	—To provide for the location of county seats, iv 6L
“ —To enable Pacific and Douglas counties to offer rewards, 242.
85-6—To change the boundaries between Kittitass and Yakima counties, iv 370.
“ —Water rights in Yakima and Kittitass counties, 508.
83—To enable school districts No. 1 of King and Jefferson counties to borrow money, 409.
“ —Sale of real estate escheated to counties, iv 469.
“ —To prevent bulls at large in Thurston and Lewis counties, 404.
“—To repeal law of 75 relating to the election of county officers in new counties, iv 484.
County Assessor—
85-6—To amend c 81 relating to, iv 366 amd 89-90 478.
83—To amend c81 relating to sheriffs as assessors, iv 559.
“	—To amend c 81 relating to, iv 447.
County Auditor—
85-6—To amend c 81 relating to duties of, IV. 364, 365, 441.
County Commissioners—
87-8—County commissioners may appropriate money for roads and bridges, iv 169.
85-6—May offer rewards for criminals, iv 329.
“	—To amend c 81 relating to power of. regarding public buildings, iv 373, repld iv 66.
83—Terms of commissioners in certain counties when sitting as boards of equalization, iv 537.
“	—Vacancies in boards of, iv 480; amd 93 44.
“	—To amend act of 77 relating to the election of county commissioners, iv 536.
County Printing'—
85-6—To amend c 81 relating to, iv 314. County Surveyor—
85-6—To amend c 81 relating to fees of, iv 310.
County Treasury—
85-6—To amend c 81 relating to duties of treasurer, iv 262 amd 93 250.
Courts—
87-8—Salaries and fees of probate judges, iv 161.
“	—To amend c 81 relating to terms and jurisdiction of courts, iv 68, 69, 264, 447, 453.
“	—Requiring courts of record to hold their terms at the county seat, iv 67.
85-6—Probate officers to take proof of claimant to government land, iv 276.
Cowlitz County—
85-6—To relocate the county seat of, 453.
Crimes—Criminal Procedure—
87-8—Larceny by bailee, iv 104.
“	—To amend c 81 relating to obstruction of streams, iv 166.
“	—To amend c 81 relating to burglary, iv 26.
“	—Fraud regarding pedigree of animal, a crime, iv 106.
“	—To define the crime of arson, iv 5.
“	—Reckless use of Tre arms, iv 88.
“	—A crime to solicit jury duty, iv 99.542
INDEX.
Crimes—Crim’n’l Procedure—Cont’d.
“ —Commutation of sentence of prisoners, iv 50.
85-6— False weights and measures, iv 327.
“ —To amend c 81 relating to riot, horseracing, etc, iv 286.
” —To amend c 81 relating to arson, iv 287, 289.
“ —To amend c 81 relating to larceny, iv 290.
“ —To amend c 81 relating to carrying concealed weapons, iv 291.
“ —To amend c 81 relating to rape, iv 293 amd 97 293.
“ —To punish prize fighting, iv 291.
“ —Provoking assault and battery, a crime, iv 289.
“ —Defining the crime of trespass, iv 288.
“ —To prevent demoralizing publications, iv 327.
“ —To enable county commissioners to apprehend criminals, iv 32?
83—Notice of criminal convictions to be filed with the territorial auditor, iv 486.
“ —To amend c 81 relating to opium smoking, iv 437.
“ —To amend c 81 relating to cost bills in criminal cases, iv 442.
“ —To prohibit the sale of toy pistols, tobacco and fire-arm" to children, iv 481.
“ —Trespass when hunting or fishing, a crime, iv 468
“ —To amend c 81 relating to pollution ■of streams by sawmills, iv 444.
“ —To amend c 81 relating to default in payment of fines, iv 446.
Dairy Products—
85-6—To prevent fraud in the sale of butter and cheese, iv 324.
Deeds—
87-8—Conveyances of real estate, iv 45.
“ —To amend c 81 relating to acknowledgments. iv 3.
“ —To abolish private seals—deeds legalized, iv 161.
85-6— Relating to private seals, iv 367.
“ —Deeds and their acknowledgment-forms. iv 378; amd iv 46.
Dentistry—
87-8—To regulate the practice of dentistry iv 77; repld 93 R8.
Dikes and Drains—
87-8—Protection of dykes, etc., iv 82.
“ —Construction of dykes, etc.—dyking districts, iv 80; amd 89-90 730.
83—Construction of ditches, etc., iv 493.
“ —To amend c81 relating to dykes, etc., iv 437; validated by congress, 23 U. S. Stat., at L 122.
Domestic Animals—
87-8—License of animals for breeding purposes, iv 105; repld 89-00 452.
“ —To regulate the driving of stock on highways, iv 92.
“ —To prevent infectious diseases among sheep, iv 177; repld 97 25.
Dougins County—
87-8—To create a district court for, iv 70.
—To legalize acts of officers of, iv 65.
85-6—To locate the county seat of, by popular vote, 454.
83—To organize, iv 514.
Dower and Curtesy-
87—Act of congress establishing right of dowser in the territories, 24 U. S. Stat at L., 635. See 23 Pac. R., 729 ; 27 id 569^
Elections—
87-8—Qualification of electors, iv 82 319 448
85-6—To amend c 81 relating to voting at elections, iv 332 amd 95 386.
Ellensburg—
85-6—To incorporate city of Ellensburg 395 83—To incorporate city of Ellensburg, 156.
Estrays—
85-6—To amend c 81 relating to, iv 330. Fees and Costs—
85-6—To amend c 81 relating to mileage iv 361.
Fences—
87-8—Building of barbed wire, iv 84.
85-6—To regulate barbed wire, iv 331.
83—Barbed and other wire—repeal of certain sections of c81, iv 469.
Fish and Game—
8748—Protection of fish and game, iv 85 amd 91 130 repld in part 97 82.
85-6—Projection of game birds in Walla Walla and Kittitass counties, 520.
83—To protect the ring-neck Mongolian pheasant, iv 524.
" —Protection of fish and game, iv 520; amd iv 317.
“ —To protect fish, iv 472.
Franklin County—
85-6—To remove the county seat from Ainsworth to Pasco, 455.
83—To organize, iv 505.
Garfield County—
85-6—Jail for Garfield county and the city of Pomeroy, 487.
83—To create a district court for, iv 457.
“ —To locate the county seat of, 415.
Governor—
87-8—Distribution of the governor’s message, iv 159.
85-6—Printing and distribution of governor’s message, iv 316.
Herd Law—
87-8—To prevent trespass by sheep, iv 176. 83—Civil action for hogs running at large, iv 465.
" —To provide for a herd law, iv 466.
Holidays—
87-8—In relation to* holidays, iv 93.
Hospitals for the Insane—
87-8—Permanent location for the hospital for the insane in eastern Washington, iv 94.
“ —To amend c 81 relating to commission to hospital when judge is unable to act, iv 98, 445.
85-6—To locate a hospital for the insane at Steilacoom, iv 345.
“ —Commissioners to select a location for a hospital for the insane in eastern Washington, iv 348.
" —Transportation of insane persons to the asylum, iv 349.
83—To amend c 81 relating to salaries of employees, iv 461.INDEX.
543
Intoxicating Liquors—
87-8—To regulate the liquor traffic—licenses, iv 107.
85-6—Local option on the liquor traffic, iv 242.
Jefferson County—
83—Term of district court at Port Townsend. iv 464, 464.
•Joint Tenancy—
85-6—To abolish estates in, iv 366.
Juries—
87-8—In relation to grand and petit jurors, iv 101.
“ —To amend c 81 relating to, iv 100, 441 amd 95 139.
Justices Courts—
87-8—Garnishment in justice courts, iv 88.
“ —Election of justices of the peace, iv 104.
“ —To amend c 81 relating to trial by jury before, iv 102.
“ —To amend c 81 relating to appeals to the district court, iv 3 amd 91 66.
85-6—To amend c 81 relating to delivery of docket to successor, iv 375.
83—Relating to justice’s practice in criminal cases, iv 484.
“ —To amend c 81 relating to costs, iv 451.
King County—
85-6—Salary of probate judge of, 459.
83—To authorize a courthouse and jail in, iv 531.
“ —Salary of treasurer of, 403.
“ —To take county fund for road and bridges. 405.
Kitsap County—
87-8—To create a district court for, iv 70.
Kittitass County—
85-6—To build bridges, 499.
83—To create a district court for, iv 456; amd iv 71.
“ —To organize, iv 509; amd 85-6 460.
Klickitat County—
85-6—Local option on hogs at large in, 511.
“ —Salary of county auditor of, 460.
“ —Salary of probate judge of, 461.
Tai Conner—
83—To incorporate the city of, 288; repld 85-6 449.
T .nl- or—
87-8—Wages of labor to be paid in lawful money, iv 203.
Laws and Reports—
87-8—Printing index to code and session laws made under the law of 86, iv 158.
“ —Distribution of the session laws of S8 • and index to the code, iv 111.
85-6—Distr’bution of the laws and journals of 85 and 86, iv 369.
“ —To nrovide for indexing the code and session laws, iv 372.
83—Distribution of code, etc., iv 459.
“ —Printing of c81 and laws of 83. iv 466.
“ —School laws in pamphlet form, iv 523.
T.ecisla tore—
87-8—To fix the time of sessions of the legislature, iv 122.
85-6—To define the districts and apportion
representation in the legislature, iv 305.
83—Time of convening of the legislature, iv 475.
Lewis County—
87-8—Boundary of, iv 65.
85-6—Bonds of Lewis county to pay its debts, iv 397.
“ —Commissioners’ districts in, 515. 33—To build bridges, 414.
“—Salary of the treasurer of, 416.
“ —Salary of auditor of, 403; repld in part 89-90 461.
Lieus—
87-8—To amend c 81 relating to Hens for salaries and wages, iv 112, 320.
“	—To amend c 81 relating to mechanics’ lien notice, iv 113.
Lincoln County—
85-6—To enable school district No. 6 to borrow money, 478.
“	—Courthouse for, 505.
83—To organize, iv 507.
Lumbering—
87-8—Exercise of eminent domain for logging ways, iv 114.
83—Drift saw logs, etc., iv 473; amd iv 323.
"	—To amend c 81 relating to lumber inspectors, iv 527 amd 93 83.
Marks and Brands—
87-8—To amend c 81 relating to, iv 138, 323.
Marriage and Divorce—
85-6—To amend c 81 relating to, iv 275, 325, 452.
Mason County—
35-6—To amend general read law relating to, iv 391.
Meuicine and Surgery—
87-8—To amend c 81 relating to, iv 139.
85-6—To amend c 81 relating to, iv 370 repld 89-90 114.
Memorials—
87-8—Colville reseration be acated, 270—Relief of Dennis Storrs and others for improing Skagit river, 275—Legislation regarding the Chinese, 272—Removal of Duncan rock, 259—Survey of unsurveyed lands, 276—Custom house building at Port Townsenl, 261—Indian war claims, 260—Dredging out the Columbia river, 265—Admission of Washington as a state, 268—Improvement of Nooksack river,	266—Clearing
Snake river, 271—Improvement of the Upper Columbia tiver, 267—Improvement of Decep. u pass, 263—Admission of Washin .on and northern Idaho as a state, 264.
85-6—Lands in severalty to Yakima Indians. 527—Land warrants for Indian war survivors. 528—Fisheries—introdu ttion of food fishes. 529—Aid to Cai cade Locks. 530—Forfeiture of Northern Pacific land grant, 532—Clearing m rth fork of Lewis river, 533—Clear.ng south fork of Lewis river, 535—Fortifications on Puget Sound, 536—Lighthouse and fog bells on San Juan island, 538—Military road from Dungeness to Neah bay. 539—Legislation regarding the Chinese, 540—Amendment544
INDEX.
Memorials.- Cout’d.
of the homestead laws, 542—Columbia county to construct courthouse, 544— Improvement of the Nooksack river, 545—Time of legislative sessions, 546— Admission of the territory into the Union, 547.
83—For an additional judge, 423—To amend law relating to the territories, 424—Aid of canals in King county, 425 —Townsite of Port Angeles, 427—Improvement of the Columbia river, 428— Time of sessions of the legislature, 428 —Relating to school lands. 429—Appropriation for Cascade locks, 430—Snag-boat in the rivers of Puget Sound, 431 —Enabling act for admission as a state, 432—Praying the abolition of Indian reservations. 434—Mail between Seattle and Whatcom. 436—Re-instatement of Fred H. Sparling. 437—Customhouse buildings at Port Townsend. 437—Land office at Port Townsend. 438 —Lighthouse at the entrance of Grav’s harbor, 439—Improvement of the harbor of Olymnia. 439—Improvement of Gray’s harbor, 440—Clearing Lewis rivtr. 441—Survivor's of the Indian war. 442—Port of entrv and clearance at Whatcom. 443—irnrrowment of the Cowlitz river. 443—Compensation of Robert Williams and others, 444.
Militia—
87-8—To organize the militia, iv 127: amd nr 192	■
Mines and Minin«—
7-8— counties to bore oil and salt wells, iv 109.
^2 regulate the location of quartz mining claims, iv 139; amd 93 75.
Montesano—
85-6—To incorporate the city of, 350.
83—To incorporate the city of, 263.
Mortgages—
87-8—To amend c 81 relating to mortgage of homesteads, iv 141.
85-41—Cancellation of satisfied mortgages,
—Redemption of real estate sold under foreclosure of mortgage, iv 322- repld 97 70.
83—Conditional sale of railroad stock, iv 475.
Municipal Corporations—
87-8—To enable counties, cities and school districts to create indebtedness and to repeal act of 86 amending c81, iv 66.
“ —Incorporation of towns and villages, iv 191.
“ —To enable counties and cities to refund bonded debt, iv 12.
“ —Municipal corporations to take bonds for protection of laborers on public works, iv 13; amd 97 57.
“ —To enable cities to create local improvement districts, iv 15.
" —Rules and regulations under townsite act of congress, iv 186.
83—Damages growing out of the changes of grade in streets, iv 476.
Names Changed—
85-6—Mark Twain Kinder to Mark Twain Selby, iv 381.
“ —Asotin City to Asotin. 464.
“ —Zerelda H. Delay to Zeralda H. Harlow. iv 380.
“ —Sarah A. Roseberry to Sarah A. Bradley, iv 381.
“ —Cynthia L. and Dora B. Blake to Clinger, iv 380.
83—Centerville to Centralia, 415.
North Yakima—
85-6—To incorporate the city of, 373. Notaries Public—
87-8—To validate acts of appointed under act of 83 (iv 505). iv 142.
83—To amend c 81 relating to, iv 453, 505 amd 91 137 repld 93 280.
Okanogan County—
27-8—To organize, iv 63.
Olympia—
83—To incorporate the city of. 109; amd 85-6 419.
Pacific County—
85-6—To prohibit sheep at large in. 518.
“•—To enable to offer reward for murderers of Browning. 518.
Penitentiary—
87-8—Government of—board of commissioners. iv 147: amd 89-90 501.
“ —Commutation of sentence by good conduct. etc. iv 50.
“ —Construction of, iv 142; amd 89-90 25 516 91 26. 210.
“ —Transportation of convicts to. iv 48.
85-6—Location and construction of, iv 355.
83—Confinement of territorial convicts— tax to build penitentiary, iv 499.
Pliarmacy—
85-6—Morphine bottle to be marked, iv 361.
Pierce County—
85-6—To enable West Tacoma school district to use school fund for building purposes. 480.
“ —Salary of prosecuting attorney of 462. Pilotage—
87-8—i~»n Puget Sound, iv 153.
“ —To amend acts of ’71 and ’77 relating to, iv 150.
Pomeroy—
85-6—To incorporate the city of, 324.
Port Townsend—
85-6—Registration of voters in the city of, 490.
83—To create the office of port warden for, 388.
Private Corporations—
87-8—Exercise of eminent domain by road companies generally—c81 amd—iv 56 amd 95 146.
“ —To amend c 81 relating to power of private corporations to issue bills and notes, iv 58.
“ —Eminent domain by telegraph, etc., companies, iv 58.
“ —Mode of exercise of eminent domain by corporations, iv 51.
85-6—To amend c 81 relating to, iv 293, 295, 2-95 amd 91 213.
83—To amend c 81 relating to condemnation by private corporations, iv 443.INDEX.
545
Prosecuting Attorneys—
83—Relating to, iv 487.
85-6—In relation to, iv 269; amd iv 164'165, 93 82.
Public Education—
87-8—Payment of school district debts, iv 171 repld 97 356.
See Code Public Instruction, 97 356 §257. “ —To organize school district in cities of 8.000 inhabitants, iv 19.
85-6—Study of physiology, etc., in the public schools, iv 240.
“ —To amend the common school law, iv 213; amd iv 172 173 175 239.
83—Printing and distribution of the school law. iv 523.
“ —To amend the common school law, iv 405.
Public Health—
87-8—To nrovide against the spread of infectious diseases—boards of health, iv 41.
Public Officers—
85-6—To prescribe the tenure of territorial officers, iv 308.
“ —To prescribe the tenure of county, etc., officers, iv 307.
“ —Fiscal year reports of officers—printing, iv 313, 503.
Railroads—
83—Action for killing of stock by railroads. iv 462.	;
“ —Sale or lease of railroad equipment, iv 475.
R esolutions—
87-8—Resolutions of. iv 207-11. In public nrinter’s cony as 'follows:
87-8—Regents of the university to make exhibit. 287—Messenger for the governor. 284—Committee to visit the penitentiary. 281—Committee to visit the school for defective youth. 283—To nay for typewriter paper. 283—Session laws for the library. 283—Committee to visit coal mines, 285—Committee on joint rules. 284—Adjournment over the holidays. 286—Relating to appropriation bill, 286—Invitation to opening of hospital for the insane, 285—Bills furnished the newspapers, 281.
85-6 Resolutions of. iv 401-4. In public mny as follows:
85-6—Adjournment .over the holidays, 550— Messenger for the governor. 549— Copies of bills to the newspapers, 551— Transmission of acts passed to the secretary, 549—Distribution of laws to Asotin county. 553—Committee on roads and highways, 552—Thanks to Abigail Duniway for picture, 552— Corrmendiny governor in Chinese disturbances, 553—To authorize the governor to apnoint claims agent of Washington, D. C., 554—Committee on mileage, 550.
83—Resolutions of, iv 539. In public . r>\ as follows:
83—Transmission of acts passed, to the secretary’s office, 445—Messenger for the governor. 446.
Roads, Bridges and Ferries—
87-8—To define term freeholder in road law, iv 93.
“—To amend c 81 relating to roads, etc., iv 170, 171, 449.
85-6—How bridges shall be guarded on pub-. he highways, iv 310.
amend c 81 renting to bridges, iv
“ —Special taxes in certain counties for roads, etc., iv 392.
San Juan County—
87-8—For the relief of, 243.
School for Defective Youth—
erect buildings for, iv 72.
85-6—To establish a, iv 340; amd iv 75 76 repld 97 356.	’	’
„ Sme c'od'e Public Instruction, 97 356 §257 — lo pay the expenses of certain deaf mutes, iv 353.
Seattle—
8a-6—To amend acts to incorporate the city or. Zoo.
83—To legalize certain condemnation ordinances of the city of, 417; validated .. conSress, 23 U. S. Stat, at L„ 122.
lo amend acts to incorporate ’ of, 177.
the city city of,
“♦—Registration of voters in the
Sheriffs.—
85-6 To amend c 81 relating to, iv
375.
Skagit County-83—To organize, iv 517.
Skamania County—
87-8—For the relief of, 244.
Sn ohomish—
83—To incorporate the city of, 295.
Soldiers and Sailors—
8<-8—Relief of .hi ion and Mexican soldDqs by counties, iv 180; amd 93 60.
Spokane County—
85-6—To enable school district No 20 to borrow money, iv 385.
“ —To locate the county seat of by popular vote, 455.
State Auditor-
83—To amend c 81 relating to Territorial auditor, iv 435.
State Lands—
83—County commissioners to have custody of school lands, iv 482.
State Printing—
87-8—Rates of public printing—auditing accounts. iv 157.
85-6—Rates for public printing—auditing accounts, iv 312.
83—Rates for public printing—auditing of accounts, iv 470.
State Treasury—
85-6 —Relating to territorial treasurer iv 338.
Stevens County—
85-6—Salary of county treasurer of. 463.
“ —Salary of county auditor of, 462.
83—Salary of treasurer of, 404.
“ —To locate county seat of, 411.
“ —Salary of auditor of 398.546
INDEX.
Supreme Court—
87-8—To pay for files for, iv 183.
“ —Publication of volume 3 of reports, iv 183.
“ —Adjourned terms of for 88, iv 184.
“	—Expense of justices of, iv 182.
85-6—Publication of volume 2 of reports, iv 367.
“	—To provide for a term of, iv 275.
Tacoma—
85-6—Collection of taxes in the city of. 497.
“	—To enable city of to pay debt of New Tacoma, 498.
“	—To incorporate city of. 183.
Taxation—
87-8—To repeal the gross earnings law, iv 166.
“	—To amend c 81 relating to taxation, iv 167, 168, 257, 298, 300, 301.
“	—Concerning actions to enjoin the collection of taxes, iv 39.
"	—Taxation of railroad property, iv 191. 85-6—Collection of taxes for the year 85, iv 297.
“	—Taxation of migratory stock, iv 302.
“	—Extending time of payment of taxes, 85, iv 298.
“	—Distribution of fund arising from^the gross earnings law, iv 303.
83—Levy and collection of taxe" on railroad property, iv 478; repld iv 166.
“	—Taxation of church property determined by poular vote, iv 474.
Thurston County-
83—Causes in the district court at Olympia from Chehalis county shall ' remain. 53.
“	—To enable Olympia schood district to borrow money, 400.
Tumwater—
85-6—To incorporate the town of, 431.
83—To incorporate the town of. 134.
United States—
87-8—Entry on lands by U. S. survey parties, iv 185.
University—
87-8—To pay expense of—free scholarships, iv 202.
85-6—Appropriation—free scholarships, iv 352.
83—Free scholarships in, iv 483.
Vancouver—
83—To incorporate the city of, 185; amd 85-6 449.
Walla Walla-
83—To regulate the fire department, 393.
“	Registration of voters in Walla Walla and Colfax, 405.
“ —To incorporate the city of, 270; amd 85-6 438.
Walla Walla County—
85-6—To enable school district No. 21 to borrow money, iv 387.
83—Fees of probate judge of, 401.
Warrants—
87-8—Issuance of duplicate territorial warrants. iv 205.
85-6—Cancellation of county warrants after six years, iv 363.
“ —To amend c 81 relating to payment of county warrants, iv 364.
“ —Territorial warrants to be paid in order of issuance, iv 363.
83—Time of presentment of territorial warrants—cancellation, iv 473.
“ —Warrants to pay employees, 410.
Weights and Measures—
83—To repeal law of 75 relating to sale of eggs by weight, iv 481.
Wharves—
83—Quimper Mfg. Co. to build a wharf at Port Townsend, 413.
Whatcom-
83—To incorporate the city of, 137; amd 85-6 425.
Whatcom County—
85-6—To enable school district No. 1 to borrow money, iv 388.
“ —Licenses in for school fund, 520.
83—To create a district court for, iv 460.
“ —Mileage fees sheriff of. 397; repld 87-8 243.
Whitman County—
85-6—To enable to pay the sheriff for a certain arrest, 471.
“	—To enable school district No. 9 to borrow money, iv 390,
83—To enable to pay for capture of criminals, 407.
“	—School district No. 1 authorized to mortgage real estate, 396.
“	—To pay the city of Colfax one-half of liquor license, 411.
“	—Salary of treasurer of, 402.
Wild Animals—
85-6—To amend c 81 relating to bounty for killing, iv 318.
Yakima—
83—To incorporate the city of, 206.
Yakima County—
85-6—County seat of removed from Yakima to North Yakima, 457.
83—To build certain bridges, 417.