The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-03-22
THE DEFICIENCY JUDGMENT BILL.
Text OF the Measure Now Awaiting the
Governors Action.

~ IL
Text OF the Measure Now Awaiting the
Governors Action.
Following Is the text OF senate bin No.
:. passed BY the senate and now await
iag action hy the governor:
Section ]. All goods, ehattels. moneys
and other property. both real and person
al. or any interest therein or the indg-
maat debtor not exempt by law. and OF
which the judgmen: debtor has the right
~ disposition. mas be taken on execu-
tIon and sold az hereinafter provided
Sec, = The party In whose favor judg-
nIent is given may at any time within five
years after the entry Of the judgment
have writ OF execution issued thereon.
Sec. 5. Before the sale of the property
on execution or order Of the court q
shall be the duty or the Judgment creditor
when the judgment II 20 be satisfied I'm
whole or In part from real estate or any
interest therein. to deliver 10 the sheriff
n true statement. signed by himself or at
torney. containing a description of the
property To ba levied upon. the estimated
value OF each separate description. and
serve "a copy upon the judgment debtor
or his attorney. and on any incum5rancer.
IL any there be Of record. having claim
agalas; the real estate.
Sec. & The Judgment debtor. his sue
csssors or assigns. or any incumbrancers.
tise OF such valuation made by the judy
ment creditor. except to the valuation of
the said real property. Of for any part
thereof. Such exception shall De In writ
ing, and shall contain the estimate OF the
Judgment debtor or incugnhraneer of the
value OF the property. and shall he served
on the Judgment creditors, or his astor-
neys, and He'd With The sheriff having the
execution for service. Such valuation
shall be the minimum amount for which
TIE said property may he sold unless an
agpraisenlaut Of the Same be demanded
See. 5. If the judgment creditor Is dis
satisfied with the valuation placed on the
said property by the Judgment debtor or
iaeumhra1cers, within Two days from the
date OF notice thereof hs may demand
In writing OF the clerk an appraisament,
and GU shall he the duty of the clerk IN
the county wherein such execution IL 20
he served 10 nominate two dtStnterested
frechoders. having the qualifications OF
Jurors. aud shall administer TO them and
the officer serving the writ an oath I'M
partially 10 appragse the interest of the
Judgment debtor Ia the property az a fair
valuation. The sheriff or his deputy hay
Ing the execution for services and the APP
praIscrs shall appraise the property at It's
FAIR cash valuation. which shall not be less
than the estimate made by the Judgment
creditors. The appraisemeut shall be-
signed by the appraisers. or n majority
Whereof. 10 be enectual
Sec. {. The appraisers for tho purposes
~ appraisement shall deduct from the
real estate. lands and tenants the amount
OF all liens and membranes and taxes
due or otherwise against the same The
deduction made shall be specifically ena.
nlerated aud the sum remaining shall he
the real value 81 the interest therein OF
the Judgment creditors.
Sec. : ON demand OF the sheriff or ~
Frffzs aarss
shall deliver 10 the sheriff a correct state
ment OF all the lieps ard ircumhrances
or taxes against the property 10 be- sold
as the same appears az record.
See. \ The court IN which the exeeu-
tion was issued may ser aside or vacafe
'se report or the appraisers in whole or
H. part or may order new nppraisement
when the same IS void or irregular or for
misconduct ~ any 81 the parties. unon
tare" days notice OF any party Interested
therein
Sec. = The Judgment debtor. his sue
eessor or assigns. or any redcmpticner
may a. auy time before the execution Of
n deed redeem Ruv 90 tt1s propertV ar
praised az the valuation placed thereon
by thH Judgment creditor or by the ap-
rraisers. nv the paying 20 the sheriff max
ing inn sale or - the clerk OF 'he catsr.
Issuing the execution the amount ~ the
valuation placed thereon or when sold the
amount eor which the same TrRs sold
when So redeemed the property shall not
asa'1 become liable for the payment OF
Ire saii Judgment.
Sc H. when The appratseineat is
sought f'r property uuder foreclosure
proceedings the amount set forth in ths
mortgage shall he the minimum sum az
NnfcA ihe auc shall Re appraised. unless
= be rat - appear that the property
was not "a the ttUe OF execution ~ H.
mortgage or oshar lien OF the value there
-. 49, 49,
hVsisertH. fraud or omissions % the
:a3gm"nt debtor the security has become
l@gatre3. ana tho appraisers shah SON.
HsfFr The samfe and nx the value OF the
fFefH.sfSe ana 10 judgment for a def
cheney Sh5I ne entered for a sum greater
wan tAc amount ttr.S deducted or allow
81 Hv SIZE appraisers
81 " NJ noit-rs provided for IN iris
f.tt ~ served PERSONALITY upOn 5ha at
t3t""N ~ fSNeTi or any AZ the parties and
go i'e ssnc can nos % served pevsen-
1'f ~'Tt t'e waN ise made hV de-
f2i5f'"r in fae Fre~.or.-> ne notice ,su1v
tsfS'Fff7l s,,a addressed - the person Or
a'.'A RI 1~ served ara when che al
t' '#" fNn a... c41 no. after due
" .-' f1"@3 'he notice may - ie-
-, NFEa 'A@ E'fcN - cha court cGt 90
"1tt84 FNe--..t.t- f~~.ieS
So. s. NJ rrarrr.v shall he sold T,r
'-;H less taA- tnn -aoviie.,f ,,sie.e
'"t' E ~ -ent '@At when g-aaertv ss rot
SAFaHie ot PARTITION ~ din star, fSrr, thn
80 was -" ~a'i fs0 tAe aulouat ~ ths
s'.at. "-'' or ataa3 When the
a''F+:.N is capable 81 Partition thar 81
1.ach {a'rvet as .rAy *, Sss.9,-!a1, n,,X-
"Ati 09 #ol3 Us wt'i S4rs~t.- ftsa 81. 4-,,,,.r
~ '"s" ~ :e->.i 'Ss-e at ,-e,-- s...-ax -
fF Hens r0fHi~c sh.}} Prevent ,as ssl,
,r,-..-. .'-.- misses 'e-ie&~i wi,hta thL
- = - tat-"z-. ss1e-a- nav re-
st a.