it was necessary to do so in order to transact business in a reasonable time.

T. N. Allen then read before the association his paper on the subject, “Judicial Legislation." (See Appendix.)

N. T. Caton then read before the association his "Pioneer Judges and Lawyers."

(See Appendix.)

paper on

Judge R. A. Ballinger, for the Committee on Jurisprudence and Law Reform, submitted the following report:

Mr. President and Gentlemen of the Association:

On the subject of law reform, your committee beg leave to outline some of the most important omissions and defects appearing to demand legislative consideration; not, however, attempting to go further than to advance suggestions relative to corrective measures, leaving original and substantive legislation to others for report and recommendation.

TREASON.

On the subject of treason against the state, no statute has as yet been enacted giving force to and punishment for the violation of article 1, § 27 of the state constitution.

CONTESTED ELECTIONS.

No provision exists for determining contested elections for state executive officers, such as governor, secretary of state, etc., as contemplated by article 3, § 4 of the constitution. Nor is there any statute providing for contests concerning other than county or precinct officers.

PASSES, USE OF BY PUBLIC OFFICERS.

The salutary provision of the constitution, article 11, § 39, prohibiting the acceptance of passes, etc., by public officers, and the mandate to the legislature "to pass laws to enforce this provision," have been practically ignored, and as a prominent member of the bar expresses it, "the abuse in some instances cries to heaven."

OWNERSHIP OF LANDS BY ALIENS.

The ownership of lands by aliens, as limited by article 2, § 33 of the constitution, possesses no legislative interpretation except such as may be found in the inconsistent and mainly obsolete provisions of $2955, 2956 of 1 Hill's Code, which were enacted before the adoption of the constitution.

NE EXEAT AND ARREST AND BAIL.

The statute of ne exeat, §745 et seq., Code of Procedure, does not appear to possess any legitimate function under the constitution (article 1, § 17); and the statute of "Arrest and Bail," § 228 et seq., Code of Procedure, should be reformed to meet the requirements of the constitutional prohibition that "there shall be no imprisonment for debt except in cases of absconding debtors." (Art. 1, § 17.) The only portion of the present law which seems to perform any useful purpose is that for the qualification of sureties. These sections are probably in force to sustain the many provisions in other parts of the code declaring that sureties shall qualify as in "arrest and bail. "Section 1484 et seq., justice's practice act, are subject to the same objections.

COUNTY BOUNDARIES.

The boundaries of counties, as established by territorial legislation, present many defects, causing uncertainty in the matter of voting, in the collection of public revenues, and in the exercise of jurisdiction by the courts. Along the Straits of San Juan de Fuca, from Cape Flattery to Protection Island, the boundaries of Clallam county do not appear to extend further than the shore, leaving the territory between this line and the north state line outside the jurisdiction of any county for criminal purposes, and the same is largely true of Jefferson county. Other difficulties exist in connection with boundaries of counties in other portions of the state. It is difficult, however, to carry out corrective legislation on this subject in view of the constitutional provision requiring a general law for changing county lines. (Const., art. 1, § 28, subd. 18. See, also, art. 11, §3.)

COUNTY CLERK'S RECORDS.

It is generally conceded that under the present law a vast amount of superfluous recording is required of the clerk of the superior court, a large part of which could safely be omitted at a saving to litigants and the county. It has been recommended that the book of levies and the final record be abolished, and that the statute be reformed so as to designate the keeping of such records only, specifying them, as will eliminate all unnecessary labor and expenditure of time as well as waste of books.

FORM OF OATH OF CORPORATE TRUSTEES.

The incorporation law, § 1502 as amended by the Laws of 1895, p. 61, § 1, should prescribe the form of oath required therein of corporate trustees. The omission of this form from the statutes has probably been successful in bewildering all attorneys drafting articles of incorporation under our laws.

JUDGES, POWER OF WHEN OUTSIDE OF DISTRICT.

Judges of the superior court should be given the express authority to make ex parte orders when outside their own judicial districts in matters pertaining to actions or proceedings in their own court.

COUNTY COMMISSIONERS, VACANCY.

Section 274, 1 Hill's Code, as amended by Laws of 1893 (p. 34, §1), relating to the filling of vacancies occurring in the board of county commissioners, should be amended by omitting the provision making the judge of the superior court an actor in that connection, conforming the statute to the requirement of article 11, § 6 of the constitution, which vests the authority to fill such vacancies entirely with the board of county commissioners.

CORONER'S BOND TO SERVE PROCESS.

The inconvenience occasioned by the necessity of the coroner to give an additional bond (§ 81, Code of Proc.) when he acts as sheriff, should be removed and protection obtained, if necessary, by increasing the amount of his official bond, or by leaving the amount thereof to be fixed by the county commissioners or superior

court.

JUSTICES' JURISDICTION.

Section 25 of the Code of Procedure, relating to jurisdiction of justices of the peace, should be amended by striking out the provision relative to forcible entry and detainer, as in conflict with article 4, § 6 of the constitution. The jurisdiction should be limited to misdemeanors, where fines prescribed by statute are not greater than $100, or where the superior court has not exclusive jurisdiction, and also except as to municipal offenses.

CHANGE OF VENUE IN JUSTICE'S COURT.

Section 1468, Code of Procedure, and § 1881 of the Code of 1881, relating to change of venue in justice's court, should be consoli

dated and reformed, so that the two sections may be given force and uncertainty removed as to what the procedure is. The latter section authorizes changes as in the superior court, the former gives the right only to the defendant and does not limit the number of changes.

JUSTICE'S EXECUTION TO ANOTHER COUNTY.

Section 1546, Code of Procedure, authorizing justice's execution to be reissued by a justice of another county in certain cases on effects of judgment debtor in the county other than where judgment is rendered, appears to be of no force, particularly in view of the law (1893, p. 65, §§ 2, 3, 4) making transcripts from justice's to superior court of same effect as judgment of superior court, as execution can then run from superior court direct.

CIVIL DISABILITIES OF MARRIED WOMEN.

So much of § 954, Code of Procedure, which disqualifies married women from acting as executrix or administratrix, classifying their disability with that of idiots, insane, etc., and § 889 and that part of § 874 which relates to married women, do not appear to be in harmony with § 1409 of 1 Hill's Code.

FILING PLEADINGS.

The provision of the new practice act of 1893 (p. 417, § 37), relating to order to show cause why adversary should not file pleadings, etc., demands an amendment by adding a clause substantially as follows: "Or grant a default to the moving party, as in other cases for failure to plead."

LIS PENDENS.

Section 17 of the Laws of 1893, p. 412, authorizing filing of lis pendens, should be amended to permit the attorney of plaintiff or defendant to file the notice of pendency of suit, as it now appears to limit the right to plaintiff or defendant personally.

SET-OFF.

The old statutory provisions embraced within §§ 806-813, Code of Procedure, on the subject of set-off, appears to be amply covered by § 195, Code of Procedure, providing for counter-claim, and the former should be specifically repealed to add certainty to the method of procedure.

SECURITY FOR COSTS.

Section 844, Code of Procedure, relating to security for costs, should be made effective by an additional provision authorizing dismissal of action on failure to comply with order for security within a stated period. (See Cal. C. C. P., § 1037.)

BONDS UNNECESSARY, WHEN.

It is suggested that municipal corporations should be exempt from the necessity of giving a bond in attachment, injunction or other proceeding, where bonds are required of private parties.

COMMENCEMENT OF ACTIONS.

Section 122 of the Code of Procedure should be amended by striking out the last clause, "an action shall be deemed commenced when the complaint is filed," as the same is confusing and in conflict with later provisions on the same subject. It was originally an independent section and has no logical connection with the section in which it is embraced.

SHERIFF'S DEED.

Section 520, subdivisions 1 and 2, Code of Procedure, should be amended by requiring the sheriff to issue deed within five days after expiration of period of redemption, in order that this section may be made to conform to the provisions of § 513, Code of Procedure, making one year limit of time for redemption.

CONFIRMATION OF EXECUTION SALES.

Section 508 of the Code of Procedure, relating to confirmation of execution sales, should be redrafted, omitting the word "term," and providing that motion for confirmation should be required to be entered by the clerk upon "motion docket" for hearing upon the second motion day after the return of the execution, thus giving an opportunity for objections to be made and heard.

LIEN OF AWARD.

Section 434, Code of Procedure, relating to judgment on award and lien thereof, should be amended so as to require the filing of the judgment with the county clerk, conforming the same as near as may be to the act of 1893, relating to lien of other judgments.