VOL. II.-CODE OF CIVIL PROCEDURE.

TITLE 1.-Labor day.

SEC. 43. 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.

TITLE 8.-Exemption from execution, etc.-Homesteads.

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SEC. 481. There shall be *exempt from execution and attachment to every householder, being the head of a family, a homestead not exceeding in value the sum of one thousand dollars, while occupied as such by the owner thereof, or his or her family. Said homestead may consist of a house and lot or lots in any city, or of a farm consisting of any number of acres, so that the value of the same shall not exceed the aforesaid sum of one thousand dollars. Such homestead may be selected at any time before sale.

SEC. 482. When any person dies seized of a homestead, leaving a widow or husband or minor children, the survivors shall be entitled to the homestead; but in case there be neither surviving husband, widow, or children, the said homestead shall be liable for the debts of the deceased.

SEC. 485. In case of the sale of said homestead, any subsequent homestead acquired by the proceeds thereof shall also be exempt from attachment and execution; nor shall any judgment or other claim against the owner of such homestead be a lien against the same in the hands of a bona fide purchaser for a valuable consideration.

TITLE 8.-Exemption from execution, etc.-Personal property.

SEC. 486. The following property shall be exempt from execution and attachment, except as hereinafter specially provided:

1. All wearing apparel of every person and family.

2. All private libraries not to exceed five hundred dollars in value, and all family pictures and keepsakes.

3. To each householder, one bed and bedding, and one addition [al] bed and bedding for each additional member of the family, and other household goods and utensils and furniture not exceeding five hundred dollars, coin, in value.

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4. 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 property and retain other property not to exceed two hundred and fifty dollars, coin, in value.

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5. 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 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 corn, ten bushels pease, and ten bushels of onions for seeding purposes.

6. 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.

7. 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.

8. 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.

9. All firearms kept for use of any person or family.

10. To any person, a canoe, skiff, or small boat, with its oars, sails, and rigging, not exceeding in value two hundred and fifty dollars.

11. To a person engaged in lightering for his support or that of his family, one or more lighters, barges, or scows, and a small boat, with oars, sails, and rigging, not exceeding in the aggregate two hundred and fifty dollars, in coin, value. 12. 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. 13. 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 hundred dollars, coin, in value.

14. 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.

VOL. II. PENAL CODE.

CHAPTER 1.-Railroads-Obstructing, injuring property of, etc.

SEC. 2. Any person or persons who shall willfully and maliciously displace any switch or rail, disturb, injure, or destroy any part of a track or bridge, of any railroad, or place any obstruction thereon, with intent that any person or property passing over said railroad should thereby be injured, and human life shall thereby be destroyed, such person or persons so offending shall be deemed guilty of murder in the first degree, and upon conviction thereof shall suffer death. But this shall in no case prevent the exercise of the pardoning power of the governor, or authority to commute.

CHAPTER 1.-Liability of steamboat employees for negligence.

SEC. 10. If the captain or any other person having charge of any steamboat used for the conveyance of passengers, or if the engineer or other person having charge of the boiler of such boat, or of any other apparatus for the generation of steam, shall, from ignorance or gross neglect, or for the purpose of excelling any other boat in speed, create, or allow to be created, such an undue quantity of steam as to burst or break the boiler or other apparatus in which it shall be generated, or any apparatus or machinery connected therewith, by which bursting or breaking any person shall be killed, every such captain, engineer, or other person shall be deemed guilty of manslaughter.

CHAPTER 1.-Railroads-Obstructing, injuring property of, etc.

SEC. 24. If any person or persons shall willfully and maliciously place any obstruction on the track of any railroad in this State, or remove any rail therefrom, or in any other way injure such railroad, or do any other thing thereto, whereby the life of any person is or may be endangered, he or they shall be punished by confinement in the state penitentiary for life, or for any term not less than two years.

SEC. 25. Any person who shall willfully and maliciously displace any switch or rail, or disturb, injure, or destroy any part of a track or bridge, of any railroad, or place any obstruction thereon, with intent that any person or property passing over said railroad shall thereby be injured, and thereby endangering and not destroying human life, or thereby causing injury or destruction of property, upon conviction thereof shall be punished by imprisonment in the penitentiary for a term of not less than one nor more than ten years, and shall be kept at hard labor.

CHAPTER 5.-Desertion of seamen-Harboring, enticing, etc.

SEC. 160. If any person or persons shall entice any seaman to desert from any vessel belonging to any citizen or citizens of the United States, or any foreign country, while lying within the waters of this State, and on board of which said seaman shall have shipped for a term or voyage unexpired at the time of such enticement, such person or persons shall be deemed guilty of a misdemeanor, and on conviction by any court of competent jurisdiction, shall be sentenced for the first offense to imprisonment in the county jail not less than two months nor more than six months, or to a fine not less than fifty dollars nor more than five hundred dollars, and for each subsequent offense, to imprisonment not less than six months nor more than two years, or a fine of not less than five hundred dollars nor more than one thousand.

SEC. 161. Any person or persons who shall harbor or secrete [a] seaman shipped as aforesaid, knowing him to be so shipped, and with a view to persuade or enable said seaman to desert, shall be deemed guilty of a misdemeanor, and punished as provided in section one hundred and sixty of this code.

CHAPTER 8.-Sunday labor.

SEC. 211. It shall be unlawful for any person or persons of this State to open on Sunday for the purposes of trade, or sale of goods, wares, and merchandise, any shop, store, or building, or place of business whatever; Provided, That this section shall apply to hotels only in so far as the sale of intoxicating liquors is concerned, and shall not apply to drug stores, livery stables, or undertakers. Any person or persons violating this section shall be guilty of a misdemeanor, and on conviction thereof shall be fined in any sum not less than twenty-five dollars nor more than one hundred dollars.

CHAPTER 8.-Seats for female employees.

SEC. 219. It shall be the duty of every agent, proprietor, superintendent, or employer of female help in stores, offices, or schools within the State of Washington, to provide for each and every such employee a chair, stool, or seat upon which such female worker or workers shall be allowed to rest when their duties will permit, or when such rest shall or does not interfere with a faithful discharge of their incumbent duties. A violation of any of the provisions of this section shall be deemed a misdemeanor, and upon conviction thereof by any court of competent jurisdiction shall subject the person offending to a fine of not less than ten dollars nor more than fifty dollars.

ACTS OF 1893.

CHAPTER 24.--Mechanics' liens.

SECTION 1. Every person performing labor upon or furnishing material to be used in the construction, alteration, or repair of any mining claim, building, wharf, bridge, ditch, dyke, flume, tunnel, fence, machinery, railroad, street railway, wagon road, aqueduct to create hydraulic power or any other structure, or who performs labor in any mine or mining claim or stone quarry, has a lien upon the same for the labor performed or materials furnished by each, respectively, whether performed or furnished at the instance of the owner of the property subject to the lien, or his agent; and every contractor, subcontractor, architect, builder or person having charge of the construction, alteration or repair of any property subject to the lien as aforesaid, shall be held to be the agent of the owner for the purposes of the establishment of the lien created by this act: Provided, That whenever any railroad company shall contract with any person for the construction of its road, or any part thereof, such railroad company shall take from the person with whom such contract is made a good and sufficient bond, conditioned that such person shall pay all laborers, mechanics and material-men, and persons who supply such contractors with provisions, all just dues 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 railroad company in the office of the county auditor in each county in which any part of such work is situated. And if any such railroad company shall fail to take such bond, such railroad company shall be liable to the persons herein mentioned to the full extent of all such debts so contracted by such contractor.

SEC. 2. The land upon which the property subject to the lien created by section one of this act is situated, or which is a part thereof, together with a convenient space about the same, or so much as may be required for the convenient use and occupation thereof, to be determined by the court on rendering judgment in a foreclosure of the lien, is also subject to the lien, if at the commencement of the performance of the labor or of the furnishing of the materials, the land belonged to the person who, in his own behalf, or who, through any of the persons designated in section one of this act to be the agent of the owner, caused the performance of the labor, or the construction, alteration or repair of the property subject to the lien: Provided, That if such person own less than a fee simple in such land, then only his interest therein is subject to the lien.

SEC. 3. Any person who, at the request of the owner of any real property, his agent, contractor or subcontractor, clears, grades, fills in or otherwise improves the same, or any street or road in front of, or adjoining the same, has a lien upon such real property for the labor performed, or the materials furnished for such purposes.

SEC. 4. The liens created by this act are preferred to any lien, mortgage or other incumbrance which may attach subsequently to the time of the commencement of the performance of the labor, or the furnishing of the materials for which the

right of lien is given by this act, and are also preferred to any lien, mortgage or other incumbrance which may have attached previously to that time, and which was not filed or recorded so as to create constructive notice of the same prior to that time, and of which the lien claimant had no notice.

SEC. 5. No lien created by this act shall exist, and no action to enforce the same shall be maintained, unless within ninety days from the date of the cessation of the performance of such labor or of the furnishing of such materials, a claim for such lien shall be filed for record as hereinafter provided, in the office of the county auditor of the county in which the property, or some part thereof to be affected thereby is situated. Such claim shall state, as nearly as may be, the time of the commencement and cessation of performing the labor, or furnishing the material, the name of the person who performed the labor, or furnished the material, the name of the person by whom the laborer was employed (if known) or to whom the material was furnished, a description of the property to be charged with the lien sufficient for identification, the name of the owner, or reputed owner if known, and if not known, that fact shall be mentioned, the amount for which the lien is claimed, and shall be signed by the claimant or by some person in his behalf, and be verified by the oath of the claimant, or some person in his behalf, to the effect that the affiant believes the claim to be just; in case the claim shall have been assigned the name of the assignee shall be stated; and such claim of lien may be amended in case of action brought to foreclose the same, by order of the court, as pleadings may be, in so far as the interests of third parties shall not be affected by such amendment.

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Any number of claimants may join in the same claim for the purpose of filing the same and enforcing their liens, but in such case the amount claimed by each original lienor, respectively, shall be stated: Provided, It shall not be necessary to insert in the notice of claim of lien provided for by this act any itemized statement or bill of particulars of such claim.

SEC. 6. The county auditor must record the claims mentioned in this act in a book to be kept by him for that purpose, which record must be indexed as deeds and other conveyances are required by law to be indexed.

SEC. 7. Any lien or right of lien created by law and the right of action to recover therefor, shall be assignable so as to vest in the assignee all rights and remedies of the assignor, subject to all defenses thereto that might be made if such assignment had not been made.

SEC. 8. In every case in which one claim is filed against two or more separate pieces of property owned by the same person, or owned by two or more persons who jointly contracted for the labor or material for which the lien is claimed, the person filing such claim must designate in the claim the amount due him on each piece of property, otherwise the lien of such claim is postponed to other liens. The lien of such claim does not extend beyond the amount designated as against other creditors having liens upon either of such pieces of property.

SEC. 9. No lien created by this act binds the property subject to the lien for a longer period than eight calendar months after the claim has been filed unless an action be commenced in the proper court within that time to enforce such lien; or, if credit be given, then eight calendar months after the expiration of such credit; and in case such action be not prosecuted to judgment within two years after the commencement thereof, the court, in its discretion, may dismiss the same for want of prosecution, and the dismissal of such action, or a judgment rendered therein, that no lien exists, shall constitute a cancellation of the lien.

SEC. 10. The contractor shall be entitled to recover upon the claim filed by him only such amount as may be due him according to the terms of his contract, after deducting all claims of other parties for labor performed and materials furnished; and in all cases where a claim shall be filed under this act for labor performed or material furnished to any contractor, he shall defend any action brought thereupon at his own expense; and during the pendency of such action, the owner may withhold from the contractor the amount of money for which the claim is filed; and in case of judgment against the owner or his property, upon the lien, the owner shall be entitled to deduct from any amount due or to become due by him to the contractor, the amount of the judgment and costs, and if the amount of such judgment and costs shall exceed the amount due by him to the contractor or if the owner shall have settled with the contractors in full, he shall be entitled to recover back from the contractor the amount, including costs for which the lien is established in excess of any sum that may remain due from him to the contractor.

SEC. 11. The liens provided by this act, for which claims have been filed, may be foreclosed and enforced by a civil action in the court having jurisdiction; in any action brought to foreclose à lien, all persons who, prior to the commencement of

such action, have legally filed claims of liens against the same property, or any part thereof shall be joined as parties, either plaintiff or defendant; and no person shall begin an action to foreclose a lien upon any property while a prior action begun to foreclose another lien on the same property is pending, but if not made a party plaintiff or defendant to such prior action, he may apply to the court to be joined as a party thereto, and his lien may be foreclosed in such action; and no action to foreclose a lien shall be dismissed at the instance of a plaintiff therein to the prejudice of another party to the suit who claims a lien.

SEC. 12. In every case in which different liens are claimed against the same property, the court, in the judgment, must declare the rank of such lien or class of liens, which shall be in the following order:

1. All persons performing labor.

2. All persons furnishing material.

3. The subcontractors.

4. The original contractors.

And the proceeds of the sale of the property must be applied to each lien or class of liens in the order of its rank; and personal judgment may be rendered in an action brought to foreclose a lien, against any party personally liable for any debt for which the lien is claimed, and if the lien be established, the judgment shall provide for the enforcement thereof upon the property liable as in case of foreclosure of mortgages; and the amount realized by such enforcement of the lien shall be credited upon the proper personal judgment, and the deficiency, if any remaining unsatisfied, shall stand as a personal judgment, and may be collected by execution against the party liable therefor. The court may allow, as part of the costs of the action, the moneys paid for filing or recording the claim and a reasonable attorney's fee in the superior and supreme courts.

SEC. 13. Nothing contained in this act shall be construed to impair or affect the right of any person to whom any debt may be due for labor performed or material furnished to maintain a personal action to recover such debt against the person liable therefor.

SEC. 14. The taking of a promissory note or other evidence of indebtedness for any labor performed or material furnished for which lien is created by law, shall not discharge the lien therefor, unless expressly received as payment and so specified therein.

SEC. 15. Whenever material shall have been furnished for use in the construction, alteration or repair of property subject to a lien created by this act, such material shall not be subject to attachment, execution, or other legal process, to enforce any debt due by the purchaser of such material, except a debt due for the purchase money thereof, so long as in good faith the said material is about to be applied in the construction, alteration or repair of such property.

CHAPTER 56.—Exemption from garnishment-Wages.

SEC. 23. No current wages or salary for personal services rendered by any person having a family dependent on him for support within sixty days next preceding the service of the writ shall be subject to garnishment, and where it appears upon the trial or by the answer of the garnishee, when not controverted as hereinbefore provided, that the garnishee is indebted to such defendant for such current wages or salary, the garnishee shall be discharged as to such indebtedness.

CHAPTER 86.—Regulating sale of products of convict labor.

SEC. 4. In ascertaining the cost of the jute and other fabrics and brick manufactured at the state penitentiary, the directors shall include the cost of materials and fuel at the state penitentiary, the cost of the skilled labor employed, and such other expenses as are incident to their manufacture; and none of the jute and other fabrics and brick manufactured at the state penitentiary shall be sold for less than actual cost of production, based upon the items enumerated in this section, without special authority from the legislature.

SEC. 5 (as amended by chapter 132, acts of 1895). The jute and other fabrics and brick manufactured at the state penitentiary shall be sold to actual consumers who are residents of the State of Washington, for cash on delivery, in the order, as near as may be, of the making of written applications therefor, on blanks to be provided by the directors and filed with the clerk, and it shall be a misdemeanor, punishable by a fine of one thousand dollars and a removal from office, for the offi cers of the state penitentiary who knowingly permit the disposal of jute fabrics to other than actual consumers. All payments for jute and other fabrics and brick shall be made to the warden of the state penitentiary, who is alone authorized to receipt therefor, and who shall keep a correct account of all sales, showing to whom