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CHAPTER XL.
[S. B. No. 77.]

PRESCRIBING MANNER IN WHICH COURT SHALL DIRECT JUDGMENT IN CASES TRIED BEFORE JURY.

AN ACT prescribing the manner in which judges of the superior court shall direct judgment in cases tried before the court with a jury.

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

SECTION 1. In all cases tried in the superior court with a jury in which the legal sufficiency of the evidence shall be challenged, and the court shall decide as a matter of law what verdict should be found, the court shall thereupon discharge the jury from further consideration of the case, and direct judgment to be entered in accordance with its decision.

Passed the senate February 13, 1895.
Passed the house March 6, 1895.
Approved March 8, 1895.

CHAPTER XLI.
[S. B. No. 97.]

REPEALING THE ACT ALLOWING SECOND APPEAL IN

CERTAIN CASES.

AN ACT repealing an act entitled "An act allowing a second appeal to the supreme court in certain cases where persons have been convicted of felony, and declaring an emergency," being chapter 35 of Session Laws of 1893.

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

SECTION 1. That chapter 35 of the Session Laws of 1893, the same being an act entitled "An act allowing a second appeal to the supreme court in certain cases where persons have been convicted of felony, and declaring an emergency," be and the same hereby is repealed.

Passed the senate February 13, 1895.
Passed the house March 6, 1895.
Approved March 8, 1895.

CHAPTER XLII.

[S. B. No. 118.]

DUTIES OF GUARDIANS OF MINORS.

AN ACT prescribing the duties of guardians of minors, and amending section 1138 of volume 2 of Hill's Statutes and Codes. Be it enacted by the Legislature of the State of Washington: SECTION 1. That section eleven hundred and thirty-eight of volume 2 of Hill's Statutes and Codes of Washington, being section 1614 of the Code of 1881, is hereby amended to read as follows:

Sec. 1138. It shall be the duty of the guardian of any minor

1. To make out and file, within three months after his appointment, a full inventory, verified by oath, of the real and personal estate of his ward, with the value of the same, and failing so to do, it shall be the duty of the court. to remove him and appoint a successor.

2. To manage the estate for the best interest of his ward.

3. To render on oath to the proper court an account of his receipts and of his expenditures, with vouchers therefor, at least once in every two years, and whenever cited so to do, and failing so to do, he shall receive no allowances for services, and be liable to said ward on his bond in damages for ten per cent. of the whole amount of the estate, both real and personal, in his hands belonging to such ward.

4. At the expiration of his trust fully to account for and pay over to the proper person all the estate of said ward remaining in his hands.

5. To pay all just debts due from such ward out of the estate in his hands, and to collect all debts due such ward, and in case of doubtful debts, to compound the same, and to appear for and defend, or cause to be defended, all suits against such ward.

6. When any ward has no father or mother, or such father or mother is unable or fails to educate such ward,

it shall be the duty of his guardian to provide for him such education as the amount of his estate may justify.

Passed the senate February 13, 1895.
Passed the house March 5, 1895.
Approved March 8, 1895.

CHAPTER XLIII.

[S. B. No. 309.]

PERMITTING WOMEN TO HOLD CERTAIN SCHOOL OFFICES.

AN ACT to amend section 78 of an act entitled "An act to establish a general uniform system of common schools in the State of Washington, and declaring an emergency," approved March 27, 1890, and declaring an emergency.

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

SECTION 1. That section seventy-eight of an act entitied "An act to establish a general uniform system of common schools in the State of Washington, and declaring an emergency," approved March 27, 1890, being section 856 of volume 1 of Hill's Annotated Statutes and Codes of the State of Washington, be amended to read as follows: Sec. 78. Whenever the word "he" or "his" occurs in this act referring to either the members of the city board of education, county superintendents of common schools, city superintendents, directors, clerks, boards of examiners, state board of education or other school officers, it shall be understood to mean also "she" or "her." And any woman possessing all of the qualifications of an elector except as to sex, and possessing all of the other qualifications required by law for such offices, shall be eligible to hold such offices. SEC. 2. Inasmuch as doubt exists as to the official acts and the qualification of women as officers, an emergency is declared to exist, and this act shall take effect and be in force immediately.

Passed the senate March 1, 1895.
Passed the house March 7, 1895.

Approved March 8, 1895.

CHAPTER XLIV.

[S. B. No. 275.]

RELATING TO PAYMENT OF TAXES DUE IN 1893 AND 1894. AN ACT relating to penalty and interest on state, county and municipal taxes which became due and payable in the years 1893 and 1894, and declaring an emergency.

of penalties.

Be it enacted by the Legislature of the State of Washington: SECTION 1. All of the penalty and accrued interest Remission shall be remitted on all delinquent state, county and municipal taxes which became due and payable in the years 1893 and 1894, and which shall be paid on or before the first day of July, 1895, and the proper officer shall receive the net amount of such taxes in full satisfaction thereof.

remission of penalties

SEC. 2. All of the penalty and one-half of the accrued Conditional interest shall be remitted on all delinquent state, county and interest. and municipal taxes which became due and payable in the years 1893 and 1894, and which shall be paid after the first day of July, 1895, and on or before the first day of December, 1895, and the proper officer shall receive in full satisfaction of such taxes the net amount thereof together with interest thereon at the rate of ten per cent. per annum from the date when the same became delinquent to the date of payment.

conditional

SEC. 3. One-half of the penalty and two-fifths of the Further accrued interest shall be remitted on all delinquent state, remission. county and municipal taxes which became due and payable in the years 1893 and 1894, and which shall remain unpaid after the first day of December, 1895, and the proper officer shall receive in full satisfaction of such taxes, the net amount thereof, together with a penalty of two and one-half per cent. thereon, and together with interest thereon at the rate of twelve per cent. per annum from the date when the same became delinquent to the date of payment.

published.

SEC. 4. The delinquent tax lists shall be published dur- Tax lists, when ing the month of April, 1896, and where any contracts have been made for the publication of delinquent tax lists prior to such date under existing laws, said contracts shall be

extended to cover the publication herein required to be made.

SEC. 5. That, whereas, great financial stringency exists and many citizens are unable to pay their taxes with the large penalty and interest accrued thereon under the existing laws, an emergency is declared to exist, and this act shall take effect and be in force immediately. .

Passed the senate March 5, 1895.
Passed the house March 6, 1895.
Approved March 8, 1895.

Unmerchant

able milk, how determined.

CHAPTER XLV.

[H. B. No. 573.]

RELATING TO DAIRY PRODUCTS.

AN ACT regulating the manufacture of dairy produce, to prevent
deception or fraud in the sale of the same or imitations thereof,
providing for the appointment of a dairy commissioner and de-
fining his duties, creating a state board of dairy commissioners
and defining their duties, imposing certain duties upon the chem-
ists of state institutions, providing penalties for violations of this
law, making an appropriation, and declaring an emergency.
Be it enacted by the Legislature of the State of Washington:
SECTION 1. It shall be unlawful for any person to sell
or offer for sale, or furnish or deliver to any creamery,
cheese factory, corporation, person or persons whatsoever,
as pure, wholesome and unskimmed, any unmerchantable,
adulterated, skimmed, impure or unwholesome milk.

SEC. 2. In all prosecutions or other proceeding under this or any other law of this state relating to the sale or furnishing of milk, if it shall be proven that the milk sold or offered for sale or furnished or delivered, or had in posses. sion with intent to sell or offer for sale, or to furnish or deliver as aforesaid, as pure, wholesome or unskimmed milk contain less than three per centum of pure butter fat when subjected to chemical analysis or other satisfactory test, or that it had been diluted or any part of its cream

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