The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1893-01-06

hsaring being had upon the judges recollection
The motion being denied, If the case is ap
pealed, it comes 10 this court without an,
means contained in the record OF ascertaninj
what matter of error alleged TO have been mad
oy the court below in the trial of the case wa
presented to that court upon the hearing of Ii,
motion.
% Code Procedure, chapter IS. title 7. of arbi
tration and judgment thereon, is extremely
dehclent IN that it does not point out with an!
degree oil certainty the proceedings which ma,
De nad In case a superior court shall set asid;
the award OF the arbitrators. or any part thereof
sections AS aud Az should he elaborated BY
suitable provisions infnfmirg parties precisel,
what course to take in the filing and presenta
non OF exceptions, and what should te the con
ouct OF the case after the exceptions. or any par
OF them, have been sustained by the court.
"a Many persons accused OF crime in the
courts OF the state are found to be without any
means whatever for making their defense. At
torneys are invariably appointed by the court &c
conouct the defense OF such persons, but in
many instances they are unable TO make any
proper defense unless by expenditure OF money
OUT OF their own pockets. This is particularly
tns case when appeals are deemed necessary.
We suggest that there should be some reason.
able provision by which such persons could be
allowed TO defend aud appeal in forma pau peris.
-. we regard General Statutes, chapter I, title
~, providing for liens of material men and la.
eorers upon lands and buildings, as defective in
many respects, both in principle and in the in
oenniteness and impracticability of Its pro-
visions.
ID The provisions which make every con-
tractor, sub-contractor, architect, builder, or
person having charge OF the construction, alter
alton or repair of any building. the agent of the
owner, render it entirely unsafe 10 the owner of
re- mr., sal~S -
make for the complete construction or repair Of
ann building works.
co No lien IS given upon any building or
STRUCTURE independent of the land upon which
1t stands, which in many cases renders the right
to lien practically worthless, where. for in
stance, building easily capable OF removal is
erected upon land by some person not the owner
OF the land in fee.
% The statute admits OF no amendments to
the lien notice, for which there is no good reason
when the rights OF innocent third parties have
not intervened, as, for instance, where the fore
closure OF the lien is attempted against the
owner alone The same right OF amendment
under the same circumstances should exist in
regard to the description OF the building or the
land intenced to be covered by the lien.
.t1 An entire contract for the erection OF two
or more connected buildings cannot be severed
unless IT be done IN the claim of lien.
t5) Any number of lien claimants, covering
oy their claims the same labor and materials,
are permitted to commence many different
suits, and although the statute provides Tor a.
consolidation of the actions, attorneys fees and
costs are recoverable in each action; which
makes the expense TO the unfortunate owner in
such cases extremely burdensome. Moreover
should separate actions be commenced, and no
movement Of the parties be made TO consolidate
them, the result might be that in one case a de-
cree OF foreclosure would be entered and exc
cuted before other cases could be brought to trial
The theory of such lien laws is that the property
shall pay ali liens in full. or pay them pro rata
according to the amount derived from the fore
closure. The law should provide that the first
lien claimant commencing suit should make all
other lien claimants as well as other subse-
quent encum brancers parties to his action; and
the cause should not be tried until after the
time for filing liens has fully expired. By such
means the whole matter could be disposed of at
once, and by one decree.
TO-. The scanty provisions of the act render it
at least doubtful whether a lien claimed upon
"wharf, bridge, ditch, dyke, fume tunnel.
machinery, railroad, wagon road or aquedudk to
create hydraulic power, or any other struc-
ture," could be enforced with any degree of
certainty without further legislation. And
this is especially true of a railroad, wagon road,
and whatever is meant by the term ''any other
structure"
The trouble with this entire chapter is that its
provisions lack particularly. Too much is left
to the construction of the courts. II Is to be- re-
membered that all such laws are in derogatiou
o. common right, and that, Notwithstanding the
provisions with regard to liberal construction,
the courts are limited to the act for their powers
OF enforcement.
20 Much confusion has resulted from the
existence at the same time OF Code Procedure
sections 1885, l45 and 703 1t is almost universal
bat thar hall 10 yaf,,
pensate those dependent upon persons whose
lives have been lost by reason of the negligence
or righteousness OF others. Usually the remedy
is given to the wife, children or other DEPEND
ent survivors; and only one action of that kind
is contemplated By legislative inadvertenee.
as we suppose, the three sections mentioned
cover the same subject. There should be a re-
vision OF the whole matter, and some plain. in
telligble law enacted to take the place of the
sections mentioned.
81 We desire PARTICULARLY to call the atten-
ton OF the Legislature to the fact that this court
has held General Statutes, title 50, pertain
ing to townsites taken under the TOWNSHIP act
of congress. to be wholly imperative. 1t is OF
great impor lance that there should be a valid
law on this subject
IS Section II, article L Of the constitution
provides that there shall be no imprisonment
for debt except in the case of Ascending debtors
This section OF the constitution would seem to
require radical revision of Code Procedure,
section 229. ana perhaps OF some other portions
of the chapter of which that section is part
% We are satisfied that under the provisions
of the attachment law, Code Procedure, chapter
4, title g. the power OF a creditor to have an at
tachmeut upon the mere statement OF any one
of the statutory grounds is often oppressive and
unjust to his debtor. Attachments are often
sought and obtained on mere suspicion. and the
property and credit OF the debtor is ruined
before he has any opportunity 10 meet the
charges made in the vague language OF the
statute against him.
So Code Procedure. sections sls. si9 and $50,
also relating 10 attachments, are indefinite
that IN different counties of the state the ad-
ministration of this portion of the law is ex-
tremely diverse, both in the practice aud in its
results.
81. We suggest that the language used in Code
Procedure, section SIS, concerning the redemp-
tion of land on foreclosure sales. is liable 20