CHAPTER XXI. [S. B. No. 2.] DECLARING LABOR DAY A LEGAL HOLIDAY. AN ACT declaring labor day a legal holiday. Be it enacted by the Legislature of the State of Washington: SECTION 1. That the first Monday of September of each year is hereby declared to be a legal holiday in the State of Washington, to be known as labor day. Approved February 24, 1891. CHAPTER XXII. [S. B. No. 76.] PROCEEDINGS SUPPLEMENTARY TO EXECUTION. AN ACT relating to proceedings supplementary to execution, amending 384 of the Code of Washington of 1881, as amended by an act entitled "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," approved January 15, 1886. Be it enacted by the Legislature of the State of Washington: SECTION 1. Section 384 of the code of Washington of 1881, as amended by an act entitled "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," approved January 15, 1886, is amended to read as follows: Witnesses may be compelled to appear and tes- Compulsory attify before the judge or referee upon any proceeding under witnesses. this chapter as upon the trial of an issue of fact; and if the judgment debtor deny 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 de- Judgment mand a trial by jury, and upon such demand being made mand a jury. the proceeding shall stand as an action for trial in the court tendance of debtor may de from which the execution issued, and be tried by a jury as other civil actions are tried. Approved February 24, 1891. The term "person." Singular and plural. The term "mouth." CHAPTER XXIII. [S. B. No. 78.] CONSTRUCTION OF STATUTES. AN ACT concerning the construction of statutes. Be it enacted by the Legislature of the State of Washington: SECTION 1. The following provisions relative to the construction of statutes shall be rules of construction and shall constitute a part of the code of procedure of this state: The provisions of this code shall be liberally construed, and shall not be limited by any rule of strict construction. The provisions of a statute, so far as they are substantially the same as those of a statute existing at the time of their enactment, must be construed as continuations thereof. The term "person" may be construed to include the United States, this state, or any state or territory, or any public or private corporation, as well as an individual. Words importing the singular number may also be applied to the plural of persons and things; words importing the plural may be applied to the singular; and words importing the masculine gender may be extended to females also. That the word "month" or "months" whenever the same occurs in the statutes of this state now in force, or in statutes hereinafter enacted, or in any contract made in this state, shall be taken and construed to mean "calendar months." Approved February 24, 1891. CHAPTER XXIV. [S. B. No. 75.] WRITS OF MANDATE AND PROHIBITION. AN ACT relating to writs of mandate and prohibition, amending section 689 of the Code of Washington of 1881. Be it enacted by the Legislature of the State of Washington: SECTION 1. Section 689 of the code of Washington of 1881 is amended as follows: Writs of mandate and prohibition may issue from the supreme and superior courts court. court. of the state, but such writs shall issue from the supreme In supreme court only when necessary for the exercise of its functions and powers. In the superior court the writ may be made In superior returnable either in court or before the judge at chambers, and may be tried before the court or judge. Approved February 24, 1891. CHAPTER XXV. [S. B. No. 73.] RELATING TO REFEREES. AN ACT relating to referees. poses. Be it enacted by the Legislature of the State of Washington: SECTION 1. A referee is a person appointed by the court or judicial officer with power-1. To try an issue of law For what puror of fact in a civil action or proceeding and report thereon. 2. To ascertain any other fact in a civil action or proceeding when necessary for the information of the court, and report the fact or to take and report the evidence in an action. 3. To execute an order, judgment or decree or to exercise any other power or perform any other duty expressly authorized by law. Approved February 24, 1891. Adultery. CHAPTER XXVI. DIVORCE. AN ACT in relation to applications for divorce, amendatory of sections 2000, 2001, 2005, 2006, 2007, 2008, 2009, 2010 and 1012 of the Code of Washington of 1881. Be it enacted by the Legislature of the State of Washington: SECTION 1. Section 2000 of the code of Washington of 1881 is amended to read as follows: Divorces may be granted by the superior court on application of the party Force or fraud. injured, for the following causes: 1. When the consent to the marriage of the party applying for the divorce was obtained by force or fraud, and there has been no subsequent voluntary cohabitation. 2. For adultery on the part of the wife or of the husband, when unforgiven, and application is made within one year after it shall come to the knowledge of the party applying for the divorce. 3. ImOther causes. potency. 4. Abandonment for one year. 5. Cruel treatment of either party by the other, or personal indignities Drunkenness or rendering life burdensome. 6. Habitual drunkenness of either party, or the neglect or refusal of the husband to Imprisonment. make suitable provisions for his family. 7. The imprisonment of either party in the penitentiary, if complaint is filed during the term of such imprisonment; and a divorce may be granted upon application of either party for any other cause deemed by the court sufficient, and the court shall be satisfied that the parties can no longer live together. 8. In case of incurable chronic mania or dementia of either party, having existed for ten years or more, the court may, in its discretion, grant a divorce. neglect to pro vide. Insanity. Cross complaint. SEC. 2. Section 2001 of said code of 1881 is amended to read as follows: When there is any doubt as to the facts rendering a marriage void, either party may apply for and on proof obtain a decree of nullity of marriage. SEC. 3. Section 2005 of said code of 1881 is amended to read as follows: Both parties shall be considered as applying for a divorce when the complaints of both are filed in the same action, and when the defendant, by his or her cross-complaint, also applies for a divorce. property and SEC. 4. Section two thousand and six of said code of 1881 is amended to read as follows: Pending the action for Disposition of divorce the court or judge thereof may make, and by attach- children. ment enforce, such orders for the disposition of the persons, property and children of the parties as may be deemed right and proper, and such orders relative to the expenses of such action as will insure to the wife an efficient preparation of her case, and a fair and impartial trial thereof; and on decreeing or refusing to decree a divorce, the court may, in its discretion, require the husband to pay all reasonable expenses of the wife in the prosecution or defense of the action when such divorce has been granted or refused, and give judgment therefor. SEC. 5. Section two thousand and seven of said code of 1881 is amended to read as follows: In granting a divorce the court shall also make such disposition of the property of the parties as shall appear just and equitable, having regard to the respective merits of the parties, and to the condition in which they will be left by such divorce, and to the party through whom the property was acquired, and to the burdens imposed upon it for the benefit of the children, and shall make provision for the guardianship, custody, and support and education of the minor children of such marriage. SEC. 6. Section two thousand and eight of said code of 1881 is amended to read as follows: Whenever judgment Absolute of divorce from the bonds of matrimony is granted by the courts in this state, the court shall order a full and complete dissolution of the marriage as to both parties: Provided, That neither party shall be capable of contracting marriage Effect of apwith a third person until the period in which an appeal may be taken has expired; and in case an appeal is taken, then neither party shall inter marry with a third person until the cause has been fully determined. divorce. peal. name. SEC. 7. Section two thousand and nine of said code of 1881 is amended to read as follows: In all actions for di- Change of vorce, if a divorce be granted, the court may, for just and reasonable cause, change the name of the female, who shall thereafter be known and called by such name as the court shall in its order or decree appoint. SEC. 8. Section 2010 of the code of Washington of 1881 |