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CHAPTER LXXXVIII.

(H. B. No. 440. ] OFFICIAL MEASUREMENT OF MILK CANS. AN ACT to provide for the official measurement of all milk cans or

other vessels used in the shipping and sale of milk, sealing and stamping the capacity thereon, and fixing a penalty for using

unsealed milk cans or vessels. Be it enacted by the Legislature of the State of Washington :

SECTION 1. That all milk cans or other vessels used for the shipping, sale or dispensing of milk shall have their liquid capacity United States standard, measured and plainly sealed or stamped thereon by any county auditor, as ex-officio county sealer, or any of his deputies, in the manner already provided for the sealing of weights and measures.

Sec. 2. That any individual or corporation owning and using milk cans or other vessels or shipping, selling or dispensing of milk by measurement for a consideration in a can or vessel that has not been officially sealed and its liquid capacity plainly stamped thereon, shall be subject to a fine of five dollars for every offense, and the forfeiture of all unsealed milk cans or vessels found in his or its posession.

Sec. 3. That any county sealer shall charge a fee of ten cents for each milk can or vessel so stamped or sealed.

Passed the House March 2, 1899.
Passed the Senate March 8, 1899.
Approved March 13, 1899.

CHAPTER LXXXIX.

(H. B. No. 314.]
FOR RELIEF OF CAPTAIN HARRY ST. GEORGE.

AN Act for the relief of Captain Harry St. George.
Be it enacted by the Legislature of the State of Washington :

SECTION 1. That the sum of seven hundred and fifteen dollars and sixty-three cents ( $715.63) be and the same is hereby appropriated out of the military fund of this state, for the purpose of re-imbursing Captain Harry St. George, for money actually and necessarily expended by him for the maintenance of the members of company “C” independent battalion, Washington Volunteer Infantry, between the time of the enrollment of said company by the command of the governor and the mustering of said company into the service of the United States, in the late war with Spain.

Sec. 2. The state auditor is hereby authorized and directed to draw a military fund warrant for the sum of seven hundred and fifteen dollars and sixty-three cents ( $715.63) in favor of said Captain Harry St. George, on the treasurer of the State of Washington; and said state treasurer is hereby authorized and directed to pay the same out of the military fund of this state.

Passed the House March 2, 1899.
Passed the Senate March 8, 1899.
Approved March 13, 1899.

CHAPTER XC.

[H. B. No. 396.] REALTING TO LIENS ON SAW LOGS, ETC. AN ACT amending section 12 of an act entitled “An act providing

liens upon saw logs, spars, piles or other timber, and upon lumber and shingles, and concerning the remedy to secure and obtain such liens, and the benefit thereof, and the manner and the procedure of obtaining the same," approved March 15, 1893.

Be it enacted by the Legislature of the State of Washington :

SECTION 1. That section 12, chapter CXXXII. of the Amendment. laws of the State of Washington, approved March 15, 1893, being section 5941 of Ballinger's Codes and Statutes, be and the same is hereby amended to read as follows: “Section 12. The sheriff of the county wherein the lien is filed shall be the receiver when one is appointed, and the superior court upon a showing made shall appoint such receiver without notice, who shall be allowed such fees as may seem just to the court, which fees shall be accounted for by such sheriff as other fees collected by him in his official capacity : Provided, That at any time when any property is in the custody of such sheriff under the provisions of this act, and any person claiming any interest therein, may deposit with the clerk of the court in which such action is pending, a sum of money in an amount equal to the rlaim sued upon, together with one hundred ( $100) dollars, to cover costs and interest, (unless the court shall make an order fixing a different amount to cover such costs and interest, then such an amount as the court shall fix to secure such costs and interest, which such action is being prosecuted) and shall have the right to demand and receive forthwith from such sheriff the possession and custody of such property: Provided, That in no action brought under the provisions of this act shall costs be allowed to lien holders unless a demand has been made for payment of his lien claim before commencement of suit, unless the court shall find the claimants at time of bringing action had reason

able ground to believe that the owner or the person having control of the property upon which such lien is claimed was attempting to defraud such claimant, or prevent the collection of such lien.

Passed the House February 27, 1899.
Passed the Senate March 9, 1899.
Approved March 13, 1899.

CHAPTER XCI.

(H. B. No. 95.) APPOINTMENT GUARDIAN AD LITEM OF INSANE PER

SONS. AN ACT relating to the appointment of guardian ad litem of insane

persons. Be it enacted by the Legislature of the State of Washington ·

SECTION 1. When an insane person is a party to an action in the superior courts he shall appear by guardian, or if he has no guardian, or in the opinion of the court the guardian is an improper person, the court shall appoint one to act as guardian ad litem. Said guardian shall be appointed as follows:

1. When the insane person is plaintiff, upon the application of a relative or friend of the insane person.

2. When the insane person is defendant, upon the application of a relative or friend of such insane person, such application shall be made within thirty days after the service of summons if served in the State of Washington, and if served out of the state or service is made by publication, then such application shall be made within sixty days after the first publication of summons or within sixty days after the service out of the state. If no such application be made within the time above limited, application may be made by any party to the action.

Passed the House February 2, 1899.
Passed the Senate March 9, 1899.
Approved March 13, 1899.

CHAPTER XCII.

[H. B. No. 501.) RE-APPRAISEMENT OF TIDE LANDS AT NEW WHAT

COM AND FAIRHAVEN.

AN ACT providing for the re-appraisement of the tide lands at and

in front of the cities of New Whatcom and Fairhaven, Whatcom county, Washington.

Be it enacted by the Legislature of the State of Washington :

SECTION 1. That the board of state land commissioners may, at any time on or before January 1, A. D. 1900, make, or cause to be made, a re-appraisement of any or all of the tide lands, at and in front of the cities of New Whatcom and Fairhaven, in Whatcom county, in this state, the original appraisement of which is disproportionate to, and in excess of, the value of such lands, and such re-appraisement when made shall be in lieu of the original appraisement.

Sec. 2. When such re-appraisement shall have been made, a copy thereof shall be deposited in the office of the county auditor of Whatcom county.

Sec. 3. When such tide lands shall have been reappraised hereunder, and it has been found that any part or portion thereof has been heretofore sold upon an appraisement in excess of the value thereof as shown by such re-appraisement, the purchaser or purchasers may, and are hereby permitted to complete the purchase so made upon the valuation as re-appraised under the provisions of this act, and any partial payments heretofore made on such sale shall be credited to the purchaser as if made under the appraisement hereby authorized

Passed the House March 6, 1899.
Passed the Senate March 9, 1899.
Approved March 13, 1899.
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