The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1893-01-23
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6. Where the action is 10 foraclose, redeem
from or satisfy mortgage claim or Lien upon
real estate
:. When the action is agains: a.y corporation,
whether private or nun. cipal. or.<aniZai under
the laws OF the state, and tae prGpe- Cfflcers On
whom 10 make service do not exist or can not
lie found
The order must direct the publication TO be
made in some newspaper PUBLISHED IN the
county in which the action i snstituted and
which is most likely 20 give notice 10 the person
TO be served, and for such a length OF time as
may be deemed reasonable. rot les than once
week for iour weeks.
In case Of publication the court Or judge must
also direct copy OF the SUMMONS and COM
plant to be forthwith deposited in the post
Office, with the postage prepaid thereon,
directed 10 the person to be serves. at his place
OF resid nee, un ess it appear that such place OF
RESIDENCE is neither known TO the party making
the application can with reasonable dill
geuce De aseertaned by him. When publica-
ton is ordered, personal service o. copy OF the
summons and complaint out OF the state is
equivalent to publication and Deposit in the
pcstofiice
Service made in either OF the m5des provided
in the foregoing section shall be equivalent to
personal service.
Sec &. That section Us OF the said code OF
1881 be, and the same is hereby amsnded 10 read:
frool OF service snail DC rs lolDH1.
l. Ii served by the sheriff or hsa deputy, the
return Of such sheriff or his deputy Endorsed
upon or attached to the summons,
ii by any other person, his affidavit thereof
Endorsed upon or attached to the simmons, or
3. In case of publication the af.idavit of the
printer. pubii sher, foreman, principal clerk or
business manager OF the newspaper showing
the same, together with a printed copy OF the
summons as published. and the afr davit of the
deposit of the copy OF the sulnnG,ns and com.
piaInt IN the postoffice As requi3sd by law If
the same shall have been deposited.
4. The written admission OF the defendant
5. In case Of personal service oIlt of the state
the affidavit OF the person making the service,
sworn to before a notary public, With sea! at
tached, or a clerk OF u court OF record. In case
OF service otherwise than by pr oil cation the re-
turn admission or affidavit must state the time,
place and manner OF service.
ser. Z That section 179 of the SAID code OF 1891
be and the same is hereby anleuied to read as
follows: From the time OF the service OF the
sumr1c Us in civil action, or the allowance of
provision remedy, the court is deemed TO have
acquired jurisdiction and to have control of all
suDseQ ueut proceedings.
Sec 5. That section 1s3 OF the code Of 1891 be.
aud the same is hereby amended 70 read a. fol-
lows: In an action affecting ting title to real
property the plaintiff. at the time OF fling his
complaint, or at any time afterward, or when
ever warrant OF attachment of property shall
be issued, or at any time aiterwaYd, the plain
TIL, or defendant, when he sets Up an aflirma-
tive Cause of action in his answer, and demands
substantive relief at the time of 1iling his
swer, or at any time afterward. ii the same be
intended TO affect real property, nay file with
the Addition OF each county in whisn the prop
erty is situated notice OF the penziepcy Of the
action. containing the names OF tie parties. the
object OF the action, and descr. ptIon OF the
real property in that county affected thereby.
From the time OF the filing only shall the PEN
dency OF the action be constructive notice 20 a
purchaser or incumbrancer of thS property af-
iected thereby, and every person whose convey
ance or incumbranee IS subseq executed
or subsequently recorded shall he deemed a sub
sequent purchaser or incum brdneer. and shall
be bound by all proceedings taken alter the fl
ing OF sucn notice to the same extent as II lie
were party to the action. Eos the purpose
OF this section an action shall be deemed to be
pending from the time OF fling such notice;
provided, however, that such notice shall be of
no avail unless il shall be followed by the first
publication OF the summons or an order there
for. or by the personal service tbereof on q de-
PENDANT within sixty days after suCs1 filing And
the court in which said action was commenced
may, in its discretion, at any tire after the
action shall be settled, discontinue or abate. on
application OF any person aggriereG and on good
cause shown and on such notice shall be di-
rected or approved by the court orCter the notice
authorized in this section to be cancelled of
record, in whole or in part, by the county au-
ditor OF any county in whose Office the same
may have been filed or recorded. ard such can
collation. shall be made by an Endorsement to
that effect on the margin of the recerd.
Sec. Q. Ali the acts or parts of acts in conflict
with this act are hereby repealed provided that
this act, or any part thereof, shall no: be con-
strued to affect any existing right or affect any
proceeding pending at the time t5is act shall
take effect.
In the letter accompanying its report
the committee says:
We also present for your consideration and
approval a second bill entitled IAN Act TO
Amend Section 4l2 of Chapter H. Tite :. OF the
Code OF Civil Procedure OF ls9l,'7 relating 10
judgment on fcilure to appear and answer. The
passage OF the first bill referred 10. .o-wit: That
for the commencement OF civil acsiOns, seems
10 require change in the provisions of section
Az Aforesaid and If the first mentioned bill
should be passed. we recommend that thereafter
the second bill herewith incloscd be also put
upon its passage in order 10 hGrmo<ize the OBJ
taining of judgments by de auit with the
changes made in ;he fir,t mentioned bill