CHAPTER LXXXII. [S. B. No. 57.] COMMENCEMENT OF TERMS OF STATE OFFICERS. AN ACT to fix the time of the commencement of the term of office of state officers. Be it enacted by the Legislature of the State of Washington: SECTION 1. That the governor, lieutenant governor, secretary of state, treasurer, auditor, attorney general, superintendent of public instruction and commissioner of public lands, who shall be elected at the next general election for the State of Washington, shall commence on the Wednesday after the second Monday in January after their election, and hold their office for the term of four years, and until their successors are elected and qualified; and thereafter the term of office of said officers shall commence upon the Wednesday after the second Monday of January following their election. Approved March 6, 1891. CHAPTER LXXXIII. APPROPRIATION TO MAINTAIN AND IMPROVE THE STATE REFORM SCHOOL. AN ACT making an appropriation for the maintenance and improvement of the state reform school. Be it enacted by the Legislature of the State of Washington: SECTION 1. That there be and hereby is appropriated out of any money in the state treasury not otherwise appropriated the sum of fifty-two thousand and five hundred ($52,500) dollars, or so much thereof as may be necessary, for the maintenance, support and improvement of the state reform school, from the first day of April, A. D. 1891, to the first day of April, A. D. 1893, to be drawn and expended in the manner directed by section ten of an act en titled "An act providing for the establishment and location of a state reform school and to declare an emergency," approved March 28, 1890: Provided, That not more than twenty-five hundred ($2,500) dollars of the money hereby appropriated shall be used for the purchase of additional ground. Approved March 6, 1891. CHAPTER LXXXIV. [S. B. No. 42.] REVIVAL AND CONTINUANCE OF JUDGMENTS. AN ACT to amend section 324 of chapter twenty-nine of the Code of ments. Be it enacted by the Legislature of the State of Washington: SECTION 1. That section three hundred and twenty-four of the code of Washington, relating to the revival and continuance of judgments, be and the same is hereby amended so as to read as follows: Section 324. Such motion shall not be granted unless it be established by oath Proof. of the party, or other satisfactory proof, that the judg ment, or some part thereof, remains unsatisfied. The order of the court granting such leave shall operate as a revival of the judgment for the amount found due at the time of such revival, and the same shall be and continue a lien upon real estate of the judgment debtor for a period Lien upon real of five years from and after the date of such order, in like manner with the original judgment: Provided, That a transcript thereof shall, within twenty days, be filed in the office of the county auditor of the county where the lands lie of such judgment debtor, or said lien shall be suspended till such transcript be filed. Revived judgments shall bear Interest. the same interest and be in all respects similar to original judgments as to lien and enforcement of collection: Pro estate. mencement of Limit of com- vided, however, That no judgment shall be revived or conproceedings. tinued unless proceedings for such revival or continuance shall be commenced within six years after the date of its rendition: Provided further, That this act shall not apply to any judgment now in existence until one year from the time this act takes effect. Approved March 6, 1891. Duty of county commissioners. Lists of land sold for taxes. CHAPTER LXXXV. [H. B. No. 45.] TO CURE DEFECTIVE TITLES TO REAL ESTATE. AN ACT to cure defective titles to real estate, by providing for the collection of unpaid taxes and assessments, and by securing record evidence in relation to real estate sold for taxes or assessments, in the offices of county treasurers and auditors. Be it enacted by the Legislature of the State of Washington: SECTION 1. The commissioners of each county in the state shall examine the tax rolls of the county and determine the amount of all unpaid taxes and assessments levied and payable on or before the first day of April, 1891, which remain a lien on real estate in the county, and shall have tax rolls made showing the amount of said taxes and assessments, together with all penalties, costs and interest, and the real estate on which the same is a lien, and shall file said rolls in the office of the county treasurer on or before the first day of April, 1892, and like proceedings shall be had for the collection of said taxes and assessments, with penalties, costs and interest, as may by law be provided for the collection of taxes on real estate becoming delinquent on the roll of 1891. SEC. 2. Said commissioners shall also cause to be made out rolls containing lists of all lands sold to the county or state for taxes or assessments prior to the first day of November, 1891, and unredeemed at said date, with the amount of taxes and assessments, with penalties, costs and interest, which may be a lien thereon, in which lists all unplatted land shall be classified numerically by range, township and section, and all platted land alphabetically by the name of the town, city or addition, and shall file said lists in the office of the county treasurer on or before the first day of April, 1892. SEC. 3. All taxes and assessments levied and payable on or before the first day of April, 1891, shall cease to be a lien on real estate from and after the first day of November, 1892: Provided, That, except as hereinafter expressed, said lien shall continue on all real estate which has been or shall have been sold for taxes and assessments prior to the first day of November, 1892. liens. SEC. 4. Taxes and assessments for which real estate has Limit of tax been sold to the county or state prior to November 1st, 1891, shall not be a lien thereon against purchasers or incumbrancers for value and in good faith, after the first day of November, 1892, unless said sale be shown by the rolls provided for in section two of this act, and these only for the amount with which said real estate is therein shown to be charged. SEC. 5. Purchasers of real estate at tax sale prior to the first day of November, 1891, shall have no lien against said real estate for the amount of their payments, nor any title to said land, as against purchasers or incumbrancers for value and in good faith, unless they shall duly file their certificates Certificates of of purchase, or tax deeds in case the same may have been tax deeds. issued, for record in the office of the county auditor on or before the first day of November, 1892. SEC. 6. In construing sections four and five of this act no tax rolls of any county for years prior to 1891 shall be deemed notice of the facts therein stated. purchase and County auditors SEC. 7. County treasurers and auditors and their dep- Duties of uties shall furnish all needed assistance in carrying this act and treasurers. into effect. Approved March 6, 1891. When property may be sold at private sales. CHAPTER LXXXVI. [H. B. No. 164.] RELATING TO PRIVATE SALES OF REAL PROPERTY AN ACT relating to private sales of real property belonging to es- Be it enacted by the Legislature of the State of Washington: SECTION 1. That real property belonging to the estates of decedents, minors, idiots and insane persons, may be sold at private sale according to the following provisions. SEC. 2. That when the court is satisfied, after a full hearing upon the petition and an examination of the proofs and allegations of the parties interested, that a sale of the whole or some portion of the real estate is necessary for any of the causes specified in the laws of the State of Washington, or if such sale be assented to by all the persons interested in a decedent estate, an order must be made to sell the whole or so much and such parts of the real estate described in the petition as the court shall judge necessary or beneficial, at either public or private sale. SEC. 3. The order of sale must describe the lands to be sold and the terms of sale, which may be for cash or on a credit not exceeding one year, payable in gross or in installments, and in such kind of money with interest as the court may direct. The land may be sold in one parcel or in subdivisions as the executor, administrator or guardian shall judge most beneficial to the estate, unless the court Public auction. otherwise specially directs. Every such sale must be ordered to be made at public auction, unless in the opinion of the court it would benefit the estate to sell the whole or some part of such real estate at private sale. The court may, if the same is asked for in the petition, order or direct such real estate or any part thereof to be sold at either public or private sale, as the executor, administrator or guardian shall judge most beneficial for the estate. If the executor, administrator or guardian rejects or refuses to make a sale under the order, and as directed therein, he may be compelled to sell by order of the court made on motion after due notice by any party interested. Discretion of court. |