Manner of ratifying. Notice of election, how given and what to contain. CHAPTER XXVIII. [S. B. No. 84.] TO VALIDATE CERTAIN INDEBTEDNESS. AN ACT to enable counties, cities and towns to validate certain warrants and other obligations and evidences of indebtedness on the part of such counties, cities and towns issued by the corporate authorities thereof in excess of their legal authority, and declaring an emergency to exist. Be it enacted by the Legislature of the State of Washington: SECTION 1. Any county, city or town in this state may ratify, in the manner prescribed in this act, the attempted incurring of any indebtedness of such county, city or town, by the issuing of warrants, making of contracts, or creations of other evidences of indebtedness on the part of such county, city or town by the corporate authorities thereof at any time prior to the passage of this act, when the only ground of the invalidity of such indebtedness so to be ratified is that, at the time of such attempted incurring thereof, the same, together with all other then existing indebtedness of such county, city or town, exceeded one and onehalf per centum of the taxable property in such county, city or town, ascertained by the last assessment for state and county purposes previous to the attempted incurring of such indebtedness, except that in incorporated cities the assessment shall be taken from the last assessment for city purposes, and that such indebtedness was so attempted to be incurred without the assent of three-fifths of the voters therein voting at an election held for that purpose. SEC. 2. Whenever the corporate authorities of any such county, city or town shall deem it advisable that the ratification authorized by this act shall be obtained, they shall provide therefor by ordinance or resolution, which shall specify separately the amount of each distinct class of such indebtedness so to be ratified, the date or period of the attempted incurring by the corporate authorities of each separate class thereof, and the general nature of the indebtedness comprised in each such distinct class, and shall provide for the holding of an election for that purpose, at vote to ratify. which the attempted incurring of such indebtedness shall be submitted to the voters in such county, city or town, for ratification or approval, of which election notice, to be provided for in such ordinance or resolution, shall be given by publishing the same in a newspaper published in such county, city or town once a week for at least four successive weeks, and if no newspaper is published in such city or town, then by publishing such notice for the same period in a newspaper published in the county wherein such. city or town is situate and of general circulation therein. Each distinct class of such indebtedness so specified shall be the subject of a distinct vote in favor of or against the ratification thereof, and such vote shall designate the class of indebtedness referred to by the description thereof used and the amount specified in the ordinance or resolution. SEC. 3. If at an election held as provided for in section Three-fifths two of this act, three-fifths of the voters in such county, city or town, voting at such election, shall vote in favor of the ratification of any distinct class of such indebtedness, specified in the ordinance or resolution, providing for such election, then such indebtedness so ratified shall thereby become and is hereby declared to be validated and a binding obligation upon such county, city or town, when the only ground of the previous invalidity of such indebted. ness is that, at the time of the incurring thereof so ratified, the same, together with all other then existing indebtedness of such county, city or town, exceeded one and one-half per centum of the taxable property in such county, city or town, ascertained by the last previous assessment for state and county purposes (except that in incorporated cities the assessment shall be taken from the last assessment for city purposes): Provided, That neither anything in this act contained, nor the vote cast at any such election, shall be deemed to validate or authorize any indebtedness, which, together with all other indebtedness of such county, city or town existing at the time of the attempted incurring of the same, exceeded any constitutional limitation of indebtedness which might be incurred with the assent of threefifths of the voters in such county, city or town voting at an election to be held for that purpose: And provided fur ther, That this act shall apply only to indebtedness attempted to be incurred prior to the passage hereof. SEC. 4. The words corporate authorities used in this act shall be held to mean the legislative or managing body of any county, city or town. SEC. 5. Whereas, an emergency exists for the immediate taking effect of this law: therefore, this act shall take effect immediately. Passed the senate February 28, 1895. Approved March 4, 1895. Planters' rights. Grounds to be staked. Deep water planting. CHAPTER XXIX. FOR THE PROTECTION OF OYSTERS. AN ACT providing for the protection of oysters, prescribing a pen- SEC. 2. When any person has, acting in good faith, planted oysters on any grounds lying deeper than the level. of the water, said grounds being under the jurisdiction of the State of Washington, and not otherwise occupied for the purpose of trade or commerce, such oysters shall, pending the sale, lease or reservation of such lands by the State of Washington, be considered as personal property, and the unauthorized taking of the same shall subject the offender to civil and criminal prosecution as in any similar case of violation of property rights: Provided, That the grounds holding the oysters have been kept suitably marked by stakes or other landmarks, but such stakes or other landmarks having been removed by accident or design shall not excuse any person for wrongfully taking the oysters thereby marked if he knew the grounds to have been planted with the oysters. purchase not SEC. 3. Nothing in this act shall be construed as giving Right to any prior or exclusive right of purchase or lease from the conferred. State of Washington of any shore and tide lands or deeper lands when the same may or shall be disposed of by the state or offered by the state for sale or lease, nor shall it be construed as in any way removing, diminishing or af fecting any such rights heretofore provided for by any act, or hereafter to be provided for by any act, neither shall this act be in any way amendatory of an act entitled "An act to protect persons who have planted oysters upon tide and shore lands prior to March 26, 1890," approved March 7, 1891. oysters, pen SEC. 4. Any person who shall, without due authority, Removing remove oysters belonging to any other person, either from aity therefor. plant-beds or cull-beds, or from any boat or water craft or from any float or crate, shall be subject on conviction to a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000), one-half of the fine to be paid to the informer, and, at the discretion of the court, to imprisonment for not less than six months nor more than three years; but if the offense be committed later than one hour after sunset or earlier than one hour before sunrise, the minimum penalty shall be a fine of two hundred and fifty dollars ($250) and imprisonment. The penalties provided in this section shall not prevent the re Evidence, how secured. covery by the injured party in civil action of damages for any unlawful removing of oysters. SEC. 5. In any trial for violation of the provisions of this act, if the accused be found having in his possession oysters for which he cannot account, or for which he gives an account which is shown by evidence to be false, that fact shall be sufficient evidence to secure conviction, but the court trying the case may not convict on such evidence when in its judgment it would lead to a verdict doing injustice to the accused. SEC. 6. Whereas, planters of oysters are not adequately protected in the possession of their property, an emergency is hereby declared, and this act shall be in force from and after its passage and approval by the governor. Passed the house February 13, 1895. CHAPTER XXX. PROHIBITING CERTAIN METHODS OF GATHERING OYS- AN ACT prohibiting certain methods of gathering oysters, provid- Be it enacted by the Legislature of the State of Washington: SECTION 1. It shall at all times be unlawful to gather with any tool or implement whatsoever, any oysters from any natural bed of oysters, except the person so gathering shall be on and working from a boat or water craft of some kind, said water craft being afloat during the time he is gathering. SEC. 2. It shall at all times and places be unlawful, in gathering oysters from any natural bed of oysters, to use a common garden rake or any instrument of similar construction and operation. |