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3 Wash. St. B. News 49 (1949)

handle is hein.barjournals/wasbn0003 and id is 1 raw text is: Waobijnaton State JJar JIebJ% Vol. 3, No. 1 JANUARY, 1949 Page 49 STATE ATTORNEYS SUBMIT PROPOSED BILLS TO LEGISLATIVE COMMITTEE OF STATE BAR A number of bills have been submitted to the Legislative Committee of the Washington State Bar Association for possible presentation to the State Legis- lature. The proposed acts are under consideration by the Legislative Committee. A digest of the proposed acts and the names of the attorneys who sent them in follow: Commencement of Actions An Act changing the time for answer after service of summons within the state from twenty days to ten days, when serv- ice is had outside the state from sixty days to thirty days, when service is by publi- cation from sixty days to thirty days andl changing the number of publications from six to three. Submitted by WARREN HARDY, Seattle. Costs of Appeal An act relating to costs of appeal to the Supreme Court of the State of Washing- ton, increasing the attorney's fee allowed to the prevailing party from $25.00 to $50.00. Submitted by WARREN HARDY. Costs as Attorney Fees-Amount Taxable An act relating to the amount of at- torney's fees taxable as costs in favor of the prevailing party in actions in the Superior Court and the Supreme Court of the State of Washington, to read as follows: When allowed to either party, costs to be called the attorney fee, shall be as follows: .1. In all actions settled before issue is joined, Ten Dollars. (Previously $5.00) 2. In all actions where judgment is rendered without a jury, Twenty-Five Dollars. (Previously $10.00) 3. In all actions where judgment is rendered after empaneling a jury, Fifty Dollars. (Previously $15.00) 4. In all actions removed to the Supreme Court and settled before argument, Twenty-five Dollars. (Previously $10.00) 5. In all actions where judgment is rendered in the Supreme Court after argument, Fifty Dollars. (Previously $15.00) Submitted by WARREN HARDY. An Act Relative to the Liability of Mar- ried Persons for Injuries Committed by Married Persons. Imposing liability upon the marital com- munity for injuries committed by married persons, during the existence of the mari- tal community, with the exception of actions against a married man for seduc- tion or criminal conversation. Submitted by WARREN HARDY. Sale of Property Under Execution, Decree or Order of Sale That Remington's Revised Statutes, Section 582 be amended to read as follows: Section 3. Before the sale of property under execution, order of sale or decree, notice thereof shall be given as follows: 1. In case of personal property, by post- ing written or printed notice of the time and place of sale in three (3) public places in the county where the sale is to take place, for a period of not less than ten (.10) days prior to the day of sale. 2. In case of real property, by posting a similar notice, particularly describing the property for a period of not less than two (2) weeks prior to the day of sale in three (3) public places in the county, one of which shall be at the court house door, where the property is to be sold, and in case of improved real estate, one of which shall be at the front door of the principal building constituting such im- provement, and publishing a copy thereof once a week, consecutively, for the same period, in any daily or weekly legal news- paper of general circulation published in the county in which the real property to be sold is situated: Provided, however, That if there be more than one legal newspaper published in the county, then the plaintiff or moving party in the action, suit or proceeding shall have the ex- clusive right to designate in which of such qualified newspaper such notice shall be published: Provided, further, That if there is no legal newspaper pub- lished in the county, then such notice (Continued an fourth page) PROPOSED NEW CODE ATTACKED BY MAJORITY OF CODE COMMITTEE A wide division of opinion among the members of the State Code Committee was publicly revealed on January 13, by a report submitted to the legislature by Marian G. Gallagher and Alfred J. Sch- weppe on that date. This report was sharply critical of the proposed Revised Code of Washington previously submitted to the legislature by Mark H. Wight, State Law Librarian and chairman of the three- member committee. Wight recommended that the pro- posed code be adopted as prima facie the law. The other two members of the committee oppose passage of the code in its present form and say that another two years will be needed to make the code 'even a reasonably prima facie code. The proposed new code, consisting of 91 titles, has been prepared in two multi- graphed volumes, with a companion volume containing cross-reference tables and brief revisers' notes, and is now in the hands of the legislators. Its his- torical background may be found in the following bibliography: Laws 1941, C. 149; Laws 1943, C. 252; Laws 1945, C. 233; Laws 1947, C. 282; 18 Wash. Law Rev. 221; 19 Wash. Law Rev. 225; 20 Wash. Law Rev. 241; 21 Wash. Law Rev. 244; 23 Wash Law Rev. 312; 1947 House Journal 437 and 1 Wash. State Bar News 5. Mark Wight's Report Mr. Wight's report, dated December 1, 1948, states that he and E. W. Ander- son the chief of the Code Committee's staff, feel th-t the work has been well done and that the proposed code should be adopted and made prima facie the law without further delay. As chairman of the committee and as the only member located in Olympia, Wight has been in direct charge of the work and.of the staff employed by the committee. Ander- son has supervised all, and in fact done most of the revision work. The strictly codifying work found in the proposed code, e.g., the numbering system, the titles and the arrangement, seems to be but little different from that contained in the code submitted in 1947. As to addi- tions and removals, 67 sections of session laws not found in Remington's Revised Statutes have been added, and over 2,000 Remington sections have been removed. The reason for such removals, together with the number of sections removed for each reason, is as follows: Application, (Continued on third page)

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