S-86 _______________________________________________
SENATE BILL NO. 5018
_______________________________________________
State of Washington 50th Legislature 1987 Regular Session
By Senators Halsan, Talmadge, Newhouse and West; by request of Statute Law Committee
Prefiled with Secretary of the Senate 1/07/87. Read first time 1/12/87 and referred to Committee on Judiciary.
AN ACT Relating to the amendment or repeal of statutes relating to district courts that are archaic or superseded by court rule; amending RCW 12.04.050, 12.04.060, 12.04.130, 12.04.170, 12.08.120, 12.12.020, 12.12.030, 12.12.060, 12.12.080, 12.12.090, 12.16.015, 12.20.050, 12.20.060, 12.20.070, 12.24.010, 12.24.020, 12.24.030, 12.24.040, 12.24.050, 12.24.060, 12.24.100, 12.24.120, 12.24.130, 12.24.135, 12.24.140, 12.24.150, 12.24.160, 12.24.170, 12.24.180, 12.24.190, 12.24.200, 12.24.210, 12.36.010, 12.40.040, 4.14.010, 4.14.020, 4.14.030, and 4.14.040; adding a new section to chapter 3.20 RCW; adding new sections to chapter 12.04 RCW; adding a new section to chapter 12.08 RCW; and repealing RCW 3.20.100, 12.04.010, 12.04.020, 12.04.030, 12.04.040, 12.04.070, 12.04.080, 12.04.090, 12.04.100, 12.04.110, 12.04.120, 12.04.140, 12.04.150, 12.04.160, 12.08.010, 12.08.020, 12.08.030, 12.08.040, 12.08.050, 12.08.060, 12.08.070, 12.08.080, 12.08.090, 12.08.100, 12.08.110, 12.12.010, 12.12.040, 12.12.070, 12.12.100, 12.16.020, 12.16.030, 12.16.040, 12.16.050, 12.16.060, 12.16.070, 12.16.080, 12.16.090, 12.20.010, 12.20.020, 12.20.030, 12.24.070, 12.24.080, 12.24.090, 12.24.110, 12.36.020, 12.36.030, 12.36.040, 12.36.050, 12.36.070, 12.36.080, 12.36.090, 12.04.200, 12.04.201, 12.04.203, 12.04.204, 12.04.205, 12.04.206, 12.04.207, and 12.04.208.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. Section 23, page 337, Laws of 1873 as last amendment by section 11, chapter 292, Laws of 1971 ex. sess. and RCW 12.04.050 are each amended to read as follows:
((All
process issued by justices of the peace shall run in the name of the state of
Washington, be dated the day issued and signed by the justice granting the
same, and)) All executions and writs of attachment or of replevin
shall be served by ((the)) a sheriff or ((some constable of
the county in which the justice resides, but a summons or notice and complaint
may be served by any citizen of the state of Washington over the age of
eighteen years and not a party to the action)) deputy.
Sec. 2. Section 1, chapter 132, Laws of 1909 and RCW 12.04.060 are each amended to read as follows:
((All
process in actions and proceedings in justice courts, having a salaried
constable, when served by an officer, shall be served by such constable or by
the sheriff of the county or his duly appointed deputy; and)) When
service of summons and complaint is made by the sheriff or a deputy of a
county, all fees for such service shall be paid into the county treasury.
NEW SECTION. Sec. 3. A new section is added to chapter 12.04 RCW to read as follows:
Every person, including a sheriff or deputy, serving process or complaint shall do so as required by court rule, and shall indorse the fees on the return of service and sign his or her name to the return.
Sec. 4. Section 30, page 338, Laws of 1873 as amended by section 1723, Code of 1881 and RCW 12.04.130 are each amended to read as follows:
From the
time of the commencement of the action by service of summons, or by the filing
of a complaint, or as otherwise provided, the court ((shall be)) is
deemed to have ((obtained possession of the case from the time the complaint
or claim is filed, after completion of service, whether by publication or
otherwise, and shall)) acquired jurisdiction and to have control of
all subsequent proceedings.
Sec. 5. Section 27, page 228, Laws of 1854 as last amended by section 1, chapter 102, Laws of 1929 and RCW 12.04.170 are each amended to read as follows:
Whenever
the plaintiff in an action, or in a garnishment or other proceeding is a
nonresident of the county or begins such action or proceeding as the assignee
of some other person, or of a firm or corporation, as to all causes of action
sued upon, the ((justice)) district judge may require of him or
her security for the costs in the action or proceeding in a sum not
exceeding fifty dollars, at the time of the commencement of the action, and
after an action or proceeding has been commenced by such nonresident or
assignee plaintiff, the defendant or garnishee defendant may require such
security by motion; and all proceedings shall be stayed until such security has
been given.
NEW SECTION. Sec. 6. A new section is added to chapter 12.04 RCW to read as follows:
The magistrates' association may propose to the supreme court suggested forms for civil actions for inclusion in the justice court civil rules.
NEW SECTION. Sec. 7. A new section is added to chapter 12.08 RCW to read as follows:
A defendant appears in an action when the defendant answers, makes any application for an order therein, or files with the court and gives the plaintiff written notice of the appearance. After appearance, a defendant is entitled to notice of all subsequent proceedings; but when a defendant has not appeared, service of notice or papers in the ordinary proceedings in an action need not be made upon the defendant. Every such appearance made in an action shall be deemed a general appearance unless the defendant in making the appearance states that it is a special appearance.
Sec. 8. Section 54, page 232, Laws of 1854 as last amended by section 1767, Code of 1881 and RCW 12.08.120 are each amended to read as follows:
To entitle
a defendant to any setoff he or she may have against the plaintiff, ((he))
the defendant must allege the same in his or her answer; and the
statutes regulating setoffs in the superior court, shall in all respects be
applicable to a setoff in a ((justice's)) district court, if the
amount claimed to be setoff, after deducting the amount found due to the
plaintiff, be within the jurisdiction of the ((justice of the peace)) district
court; judgment may, in like manner, be rendered by the ((justice)) judge
in favor of the defendant, for the balance found due the plaintiff.
Sec. 9. Section 82, page 237, Laws of 1854 as last amended by section 1782, Code of 1881 and RCW 12.12.020 are each amended to read as follows:
((Upon issue
joined)) In the trial of any matter, if a jury trial ((be)) is
not demanded, the ((justice)) judge shall hear the evidence, and
decide all questions of law and fact, and render judgment accordingly.
Sec. 10. Section 3, chapter 260, Laws of 1981 and RCW 12.12.030 are each amended to read as follows:
After the
appearance of the defendant, and ((before the justice shall proceed to
enquire into the merits of the cause)) as provided by court rule,
either party may demand a jury to try the action, which jury shall be composed
of six good and lawful persons having the qualifications of jurors in the
superior court of the same county, unless the parties shall agree upon a lesser
number: PROVIDED, That the party demanding the jury shall first pay to the ((justice))
district court the sum of twenty-five dollars, ((which shall be paid
over by the justice to the county,)) and said amount shall be taxed as
costs against the losing party.
Sec. 11. Section 73, page 236, Laws of 1854 as last amended by section 1, chapter 119, Laws of 1975 1st ex. sess. and RCW 12.12.060 are each amended to read as follows:
The ((justice))
judge shall ((thereupon)) issue or cause to be issued a summons
for the jury, which summons shall be served personally or by ((certified))
mail ((upon)) to the persons named.
Sec. 12. Section 77, page 236, Laws of 1854 as last amended by section 1777, Code of 1881 and RCW 12.12.080 are each amended to read as follows:
When the
jury have agreed on their verdict, they shall deliver the same to the ((justice))
judge, publicly, who shall ((enter it)) cause it to be entered
on ((his)) the docket.
Sec. 13. Section 78, page 236, Laws of 1854 as last amended by section 1778, Code of 1881 and RCW 12.12.090 are each amended to read as follows:
Whenever a
((justice)) judge shall be satisfied that a jury, sworn in any
civil cause before ((him)) the judge, having been out a
reasonable time, cannot agree on their verdict, ((he)) the judge
may discharge them, and issue a new venire, unless the parties consent that the
((justice)) judge may render judgment on the evidence before ((him))
the judge, or upon such other evidence as they may produce.
Sec. 14. Section 702, chapter 258, Laws of 1984 and RCW 12.16.015 are each amended to read as follows:
Any person may be compelled to attend as a witness before a district court, and shall be subject to damages for nonappearance, in accordance with chapter 5.56 RCW.
Sec. 15. Section 55, page 232, Laws of 1854 as last amended by section 1768, Code of 1881 and RCW 12.20.050 are each amended to read as follows:
When the
setoff of the defendant proved shall exceed the claim of the plaintiff, and
such excess in amount exceeds the jurisdiction of ((a justice of the
peace)) the district court, the court shall allow such amount as is
necessary to cancel the plaintiff's claim, and give the defendant a judgment
for costs; but in such case, the court shall not render judgment for any
further sum in favor of the defendant.
Sec. 16. Section 85, page 237, Laws of 1854 as last amended by section 2, chapter 240, Laws of 1985 and RCW 12.20.060 are each amended to read as follows:
When the prevailing party in district court is entitled to recover costs as authorized in RCW 4.84.010 in a civil action, the judge shall add the amount thereof to the judgment; in case of failure of the plaintiff to recover or of dismissal of the action, the judge shall enter up a judgment in favor of the defendant for the amount of his or her costs; and in case any party so entitled to costs is represented in the action by an attorney, the judge shall include attorney's fees of fifty dollars as part of the costs: PROVIDED, HOWEVER, That the plaintiff shall not be entitled to such attorney fee unless he or she obtains, exclusive of costs, a judgment in the sum of twenty-five dollars or more.
Sec. 17. Section 69, page 235, Laws of 1854 as last amended by section 1868, Code of 1881 and RCW 12.20.070 are each amended to read as follows:
If it
appears on the trial of any cause before a ((justice of the peace))
district judge, from the evidence of either party, that the title to
lands is in question, which title shall be disputed by the other, the ((justice))
judge shall immediately ((make)) cause an entry thereof to
be made in ((his)) the docket, and cease all further
proceedings in the cause, and shall certify and return to the superior court of
the county, a transcript of all the entries made in ((his)) the
docket, relating to the cause, together with all the process and other papers
relating to the action, in the same manner, and within the same time, as upon
an appeal; and thereupon the parties shall file their pleadings, and the
superior court shall proceed in the cause to final judgment and execution, in
the same manner as if the ((said)) action had been originally commenced
therein, and the cost shall abide the event of the suit.
Sec. 18. Section 86, page 238, Laws of 1854 as last amended by section 1786, Code 1881 and RCW 12.24.010 are each amended to read as follows:
The
execution upon a judgment by a ((justice of the peace)) district
judge may be stayed in the manner hereinafter provided, upon reasonable
notice to the opposite party, and for the following periods of time, to be
calculated from the date of the judgment:
(1) If the judgment be for any sum not exceeding twenty-five dollars, exclusive of costs, one month.
(2) If it be for more than twenty-five dollars, two months.
Sec. 19. Section 87, page 238, Laws of 1854 as last amended by section 1787, Code of 1881 and RCW 12.24.020 are each amended to read as follows:
To entitle
any person to such stay of execution, some responsible person, to be approved
by the ((justice)) judge, and not being a party to the judgment,
must, within five days after rendering of the judgment, enter into a bond,
before the ((justice)) judge, to the adverse party, in a
sufficient sum to secure the payment of the judgment and costs, conditioned to
be void upon such payment, at the expiration of the stay.
Sec. 20. Section 88, page 238, Laws of 1854 as last amended by section 1788, Code of 1881 and RCW 12.24.030 are each amended to read as follows:
Such bond shall be signed by the person entering into the same, and may be in the following form:
Whereas,
A B, has obtained a judgment before ((J P))!sc.,5, one
of the ((justices of the peace)) district judges in and for
.......... county, on the ..... day of .......... , 19.. , against
C D, for .......... dollars; now, therefore, I, E F, acknowledge
myself bound to A B in the sum of .......... dollars; this bond to be void
if such judgment shall be paid at the expiration of ..... month after the time
it was rendered.
Dated the ..... day of .......... , 19.. .
.................... , E. F.
Sec. 21. Section 91, page 238, Laws of 1854 as last amended by section 14, chapter 89, Laws of 1957 and RCW 12.24.040 are each amended to read as follows:
If judgment
be stayed in the manner above provided, after an execution has been issued
thereon, the ((justice)) judge shall revoke such execution, in
the same manner, and with like effect as ((he)) the judge is
hereinafter directed to revoke an execution, after an appeal has been allowed.
Sec. 22. Section 89, page 238, Laws of 1854 as last amended by section 15, chapter 89, Laws of 1957 and RCW 12.24.050 are each amended to read as follows:
If at the
expiration of ((such)) any stay, the judgment ((be)) is
not paid, the execution shall issue against both the principal and surety. If
the principal ((do)) does not satisfy the execution, and the
officer cannot find sufficient property belonging to ((him)) the
principal upon which to levy, ((he)) the officer shall levy
upon the property of the surety, and in ((his)) the return shall
state what amount of money, collected ((by him)) on the execution, was
collected from the surety, and the time when the same was received.
Sec. 23. Section 90, page 238, Laws of 1854 as last amended by section 16, chapter 89, Laws of 1957 and RCW 12.24.060 are each amended to read as follows:
After the
return of such execution, the surety shall be entitled, on application to the
((justice)) district court, to have the judgment, or so much
thereof as may have been collected from ((him)) the surety in
satisfaction of the execution, transferred to ((his)) the surety's
use; and ((he)) the surety may collect the same from the
defendant by execution, together with the interest at the rate of twelve
percent per annum.
Sec. 24. Section 95, page 240, Laws of 1854 as last amended by section 1, chapter 21, Laws of 1984 and RCW 12.24.100 are each amended to read as follows:
Execution
for the enforcement of a judgment in a ((justice's)) district
court, may be issued on the application of the party entitled thereto, in the
manner hereinbefore prescribed; but after the lapse of ten years from the date
of the judgment, no execution shall issue. A lien on real estate of a judgment
debtor must be commenced under RCW 4.56.200(3) within ten years from the date
of judgment, and shall run for a period not to exceed ten years from the date
of the judgment.
Sec. 25. Section 97, page 240, Laws of 1854 as last amended by section 1797, Code of 1881 and RCW 12.24.120 are each amended to read as follows:
If the
defendant have not goods and chattels in the county in which judgment was
rendered, sufficient to satisfy the execution, the ((justice before whom))
district court in which such judgment may be, shall, at the request of
the party entitled, make out a certified transcript of the same, which may be
delivered to a ((justice)) district court in any other county, ((who))
which shall ((make)) cause an entry thereof to be made
in ((his)) the docket, and issue execution thereon for the amount
of the judgment, or such part as shall be unsatisfied, with costs as in other
cases.
Sec. 26. Section 98, page 240, Laws of 1854 as last amended by section 1798, Code of 1881 and RCW 12.24.130 are each amended to read as follows:
The
execution shall be directed (except when it is otherwise especially provided,)
to the sheriff or any ((constable)) deputy of the county ((where
the justice resides)) of the district court; shall be dated on the
day it is issued, and made returnable within thirty days from the date; and it
shall be against the goods and chattels of the person against whom the same is
issued.
Sec. 27. Section 4, chapter 254, Laws of 1983 as amended by section 94, chapter 258, Laws of 1984 and RCW 12.24.135 are each amended to read as follows:
In any
proceeding brought under this chapter to enforce a judgment which has been
certified under RCW 12.40.110, the execution issued ((by the justice))
shall include the amount of the judgment owed plus reasonable costs and
reasonable attorneys' fees incurred by the judgment creditor in seeking
enforcement of the judgment under this chapter.
Sec. 28. Section 99, page 240, Laws of 1854 as last amended by section 1799, Code of 1881 and RCW 12.24.140 are each amended to read as follows:
Before any
execution shall be delivered, the ((justice)) district court
shall state in ((his)) the docket, and also on the back of the
execution, the amount of the debt, or damages and costs, and of the fees due to
each person separately, and the officer receiving such execution shall indorse
the time of the reception of the same.
Sec. 29. Section 100, page 240, Laws of 1854 as last amended by section 1800, Code of 1881 and RCW 12.24.150 are each amended to read as follows:
If an
execution be not satisfied, it may, at the request of the plaintiff, be renewed
from time to time by the ((justice who)) district court that
issues the same, or by the ((justice to whom his docket)) district
court to which the plaintiff's judgment is transferred, by an indorsement
thereon to that effect, signed by ((him)) the district judge, and
dated when the same shall be made. If any part of such execution has been
satisfied the indorsement of renewal shall express the sum due on the
execution. Every such indorsement shall renew the execution in full force in
all respects for thirty days and no longer; and an entry of such renewal shall
be made in the district court docket ((of the justice)).
Sec. 30. Section 101, page 241, Laws of 1854 as last amended by section 1801, Code of 1881 and RCW 12.24.160 are each amended to read as follows:
The
officer, after taking goods and chattels into ((his)) custody by virtue
of an execution, shall, without delay, give public notice by at least three
advertisements, put up at three public places in the county, of the time and
place, when and where they will be exposed for sale. Such notice shall
describe the goods and chattels taken, and shall be put up at least ten days
before the day of sale.
Sec. 31. Section 102, page 241, Laws of 1854 as last amended by section 1802, Code of 1881 and RCW 12.24.170 are each amended to read as follows:
At the time
and place so appointed, if the goods and chattels be present for inspection of
bidders, the officer shall ((expose)) place them ((to sale at))
for public ((vendue)) sale to the highest bidder; ((he))
the officer shall return the execution and have the money before the ((justice))
district court at the time of making such return, ready to be paid over
to the persons respectively entitled thereto.
Sec. 32. Section 103, page 241, Laws of 1854 as last amended by section 1803, Code of 1881 and RCW 12.24.180 are each amended to read as follows:
No officer
shall directly or indirectly purchase any goods or chattels at any sale made by
((him)) the officer upon execution, and every such purchase shall
be absolutely void.
Sec. 33. Section 106, page 241, Laws of 1854 as last amended by section 1806, Code of 1881 and RCW 12.24.190 are each amended to read as follows:
Any ((justice
of the peace)) district judge may issue an execution against the
prevailing party, to collect fees and costs for which such party may be liable,
after an execution has been first issued against the other party, and returned
"no property found."
Sec. 34. Section 107, page 241, Laws of 1854 as last amended by section 1807, Code of 1881 and RCW 12.24.200 are each amended to read as follows:
If any
property levied on be claimed by any other person than the defendant in the
execution, and the claimant make affidavit of ((his)) the claimant's
title or right to the possession of the same, stating the ground of such title
or right, and serve the same upon the sheriff or ((constable)) deputy,
while the property is in ((his)) the sheriff's or deputy's
possession, said sheriff or ((constable)) deputy shall not be
bound to keep the property unless the plaintiff on demand indemnify ((him))
the sheriff or deputy in the same manner as provided ((in this act))
for cases where property held under attachment is claimed by persons not
parties to the suit and when such claim is made, the sheriff or ((constable))
deputy shall immediately file the claimant's affidavit with the ((justice))
district court, and notify the plaintiff thereof, and unless the
property be at once released, the ((justice)) district court
shall set the case for trial upon the allegations of the claimant's affidavit,
and the case shall proceed and be determined in the same manner as provided ((in
this act)) for cases where property held under attachment is claimed by
persons not parties to the suit.
Sec. 35. Section 108, page 242, Laws of 1854 as last amended by section 1808, Code of 1881 and RCW 12.24.210 are each amended to read as follows:
Nothing
contained in RCW 12.24.200 shall be so construed as to prevent the claimant of
property levied on by execution from resorting to any legal remedy ((he))
the claimant may choose to pursue, instead of proceeding in the manner
therein prescribed.
Sec. 36. Section 1, chapter 58, Laws of 1929 as amended by section 21, chapter 136, Laws of 1979 ex. sess. and RCW 12.36.010 are each amended to read as follows:
Any person
((considering himself)) aggrieved by the judgment or decision of a ((justice
of the peace)) district judge in a civil action may((, in person
or by his agent or attorney,)) appeal therefrom to the superior court of
the county where the judgment was rendered or decision made((: PROVIDED,
There shall be)) as provided in court rules. No appeal shall be
allowed unless the amount in controversy, exclusive of costs, shall exceed the
sum of twenty dollars((: PROVIDED FURTHER, That)). An appeal
from the court's determination or order on a traffic infraction proceeding may
be taken only in accordance with RCW 46.63.090(5).
Sec. 37. Section 4, chapter 187, Laws of 1919 as last amended by section 61, chapter 258, Laws of 1984 and RCW 12.40.040 are each amended to read as follows:
The notice
of claim can be served either as provided for the service of summons or
complaint and notice in civil actions or by registered or certified mail if a
return receipt with the signature of the party being served is filed with the
court. No other paper is to be served with the notice. The officer serving
the notice shall be entitled to receive from the plaintiff, besides mileage,
the fee specified in RCW 36.18.040 for such service; which sum, together with
the filing fee named in RCW ((12.40.030)) 12.40.020, shall be
added to any judgment given for plaintiff.
NEW SECTION. Sec. 38. A new section is added to chapter 3.20 RCW to read as follows:
In any case pending in any court of limited jurisdiction, the judge thereof shall be deemed disqualified to hear and try the case if the judge is in anywise interested or prejudiced. The judge, of his or her own initiative, may enter an order disqualifying himself or herself. The judge shall also disqualify himself or herself upon the filing by a party or the attorney of record of an affidavit stating that the party cannot have a fair and impartial trial by reason of the interest or prejudice of the judge. The affidavit shall be filed within the time period and under the procedures established by court rule. In any case where a judge is disqualified, the case shall be transferred as provided by court rule.
Sec. 39. Section 4, chapter 46, Laws of 1967 ex. sess. and RCW 4.14.010 are each amended to read as follows:
Whenever
the removal of such action to superior court is required in order to acquire
jurisdiction over a third party defendant, who is or may be liable to the
defendant for all or part of the judgment and resides outside the county
wherein the action was commenced, any civil action which could have been
brought in superior court may, if commenced in ((justice)) district
court, be removed by the defendant or defendants to the superior court for the
county where such action is pending if the court determines that there are
reasonable grounds to believe that a third party may be liable to the plaintiff
and issues an order so stating.
Whenever a separate or independent claim or cause of action which would be removable if sued upon alone is joined with one or more otherwise nonremovable claims or causes of action, the entire case may be removed and the superior court may determine all issues therein, or, in its discretion, may remand all matters not otherwise within its original jurisdiction.
Sec. 40. Section 5, chapter 46, Laws of 1967 ex. sess. and RCW 4.14.020 are each amended to read as follows:
(1) A
defendant or defendants desiring to remove any civil action from a ((justice))
district court as authorized by RCW 4.14.010 shall file in the ((superior))
district court in the ((county)) district where such
action is pending, a ((verified petition)) motion requesting removal
containing a short and plain statement of the facts which entitle ((him or
them)) the defendant or defendants to removal ((together with a
copy of all process, pleadings and orders served upon him or them in such
action)).
(2) The ((petition))
motion for removal of a civil action or proceeding shall be filed within
twenty days after the receipt by the defendant, through service or otherwise,
of a copy of the initial pleading setting forth the claim for relief upon which
such action or proceeding is based.
If the case
stated by the initial pleading is not removable, a ((petition)) motion
for removal may be filed within twenty days after receipt by the defendant,
through service or otherwise, of a copy of an amended pleading, motion, order
or other paper, including the defendant's answer, from which it may first be
ascertained that the case is or has become removable.
(3) ((Promptly
after the filing of such petition the defendant or defendants shall give
written notice thereof to all adverse parties and shall file a copy of the
petition with the justice court, which shall effect the removal and the justice
court shall proceed no further unless and until the case is remanded)) When
the district court determines that a motion for removal is proper, it shall
order the entire case removed to superior court.
Sec. 41. Section 6, chapter 46, Laws of 1967 ex. sess. and RCW 4.14.030 are each amended to read as follows:
In any case
removed from ((justice)) district court under the provisions of
this chapter, the superior court may issue all necessary orders and process to
bring before it all proper parties whether served by process issued by the ((justice))
district court or otherwise.
If at any
time before final judgment it appears that the case was removed improvidently
and without jurisdiction, the superior court shall remand the case, and may
order the payment of just costs. A certified copy of the order of remand shall
be mailed by the clerk of the superior court to the ((justice)) district
court. The ((justice)) district court may thereupon proceed with
such case.
Sec. 42. Section 7, chapter 46, Laws of 1967 ex. sess. and RCW 4.14.040 are each amended to read as follows:
Whenever
any action is removed from a ((justice)) district court to a
superior court under the provisions of this chapter, any attachment or
sequestration of the property of the defendant in such action in the ((justice))
district court shall remain in the custody of the sheriff to answer the
final judgment or decree in the same manner as would have been held to answer
had the cause been brought in the superior court originally.
NEW SECTION. Sec. 43. The following acts or parts of acts are each repealed:
(1) Section 26, page 245, Laws of 1860, section 19, page 335, Laws of 1873, section 1712, Code of 1881 and RCW 12.04.010;
(2) Section 29, page 245, Laws of 1860, section 20, page 335, Laws of 1873, section 1713, Code of 1881 and RCW 12.04.020;
(3) Section 29, page 245, Laws of 1860, section 21, page 336, Laws of 1873, section 1714, Code of 1881 and RCW 12.04.030;
(4) Section 22, page 337, Laws of 1873, section 1715, Code of 1881, section 1, chapter 181, Laws of 1925 ex. sess. and RCW 12.04.040;
(5) Section 31, page 229, Laws of 1854, section 37, page 246, Laws of 1860, section 24, page 337, Laws of 1873, section 1717, Code of 1881, section 2, chapter 108, Laws of 1893, section 2, chapter 102, Laws of 1895, section 2, chapter 19, Laws of 1903, section 1, chapter 99, Laws of 1959 and RCW 12.04.070;
(6) Section 25, page 337, Laws of 1873, section 1718, Code of 1881, section 3, chapter 19, Laws of 1903, section 12, chapter 292, Laws of 1971 ex. sess. andRCW 12.04.080;
(7) Section 26, page 337, Laws of 1873, section 1719, Code of 1881 and RCW 12.04.090;
(8) Section 27, page 337, Laws of 1873, section 1720, Code of 1881, section 6, chapter 469, Laws of 1985 and RCW 12.04.100;
(9) Section 28, page 338, Laws of 1873, section 1721, Code of 1881 and RCW 12.04.110;
(10) Section 29, page 338, Laws of 1873, section 1722, Code of 1881 and RCW 12.04.120;
(11) Section 40, page 230, Laws of 1854, section 52, page 343, Laws of 1873, section 1753, Code of 1881, section 75, chapter 292, Laws of 1971 ex. sess. and RCW 12.04.140;
(12) Section 41, page 230, Laws of 1854, section 53, page 343, Laws of 1873, section 1754, Code of 1881, section 76, chapter 292, Laws of 1971 ex. sess. and RCW 12.04.150; and
(13) Section 42, page 230, Laws of 1854, section 54, page 344, Laws of 1873, section 1755, Code of 1881, section 1, chapter 89, Laws of 1957 and RCW 12.04.160.
NEW SECTION. Sec. 44. The following acts or parts of acts are each repealed:
(1) Section 43, page 231, Laws of 1854, section 55, page 344, Laws of 1873, section 1756, Code of 1881 and RCW 12.08.010;
(2) Section 44, page 231, Laws of 1854, section 56, page 344, Laws of 1873, section 1757, Code of 1881 and RCW 12.08.020;
(3) Section 45, page 231, Laws of 1854, section 57, page 344, Laws of 1873, section 1758, Code of 1881, section 11, chapter 89, Laws of 1957 and RCW 12.08.030;
(4) Section 46, page 231, Laws of 1854, section 58, page 345, Laws of 1873, section 1759, Code of 1881 and RCW 12.08.040;
(5) Section 47, page 231, Laws of 1854, section 59, page 345, Laws of 1873, section 1760, Code of 1881 and RCW 12.08.050;
(6) Section 48, page 231, Laws of 1854, section 60, page 345, Laws of 1873, section 1761, Code of 1881 and RCW 12.08.060;
(7) Section 49, page 232, Laws of 1854, section 61, page 345, Laws of 1873, section 1762, Code 1881 and RCW 12.08.070;
(8) Section 50, page 232, Laws of 1854, section 62, page 345, Laws of 1873, section 1763, Code of 1881 and RCW 12.08.080;
(9) Section 51, page 232, Laws of 1854, section 63, page 345, Laws of 1873, section 1764, Code of 1881 and RCW 12.08.090;
(10) Section 52, page 232, Laws of 1854, section 64, page 346, Laws of 1873, section 1765, Code of 1881 and RCW 12.08.100; and
(11) Section 53, page 232, Laws of 1854, section 65, page 346, Laws of 1873, section 1766, Code of 1881 and RCW 12.08.110.
NEW SECTION. Sec. 45. The following acts or parts of acts are each repealed:
(1) Section 2, page 88, Laws of 1867, section 1938, Code of 1881, sections 2, 3, page 8, Laws of 1881, section 1, chapter 126, Laws of 1943 and RCW 3.20.100;
(2) Section 56, page 232, Laws of 1854, section 68, chapter 346, Laws of 1873, section 1769, Code of 1881, section 12, chapter 89, Laws of 1957 and RCW 12.12.010;
(3) Section 71, page 235, Laws of 1854, section 1771, Code of 1881, section 2, page 118, Laws of 1888 and RCW 12.12.040;
(4) Section 76, page 236, Laws of 1854, section 75, page 348, Laws of 1873, section 1776, Code of 1881 and RCW 12.12.070;
(5) Section 79, page 236, Laws of 1854, section 78, page 348, Laws of 1873, section 1779, Code of 1881 and RCW 12.12.100;
(6) Section 58, page 233, Laws of 1854, section 169, page 370, Laws of 1873, section 1870, Code of 1881 and RCW 12.16.020;
(7) Section 59, page 233, Laws of 1854, section 170, page 370, Laws of 1873, section 1871, Code of 1881 and RCW 12.16.030;
(8) Section 60, page 233, Laws of 1854, section 171, page 370, Laws of 1873, section 1872, Code of 1881 and RCW 12.16.040;
(9) Section 61, page 234, Laws of 1854, section 172, page 371, Laws of 1873, section 1873, Code of 1881 and RCW 12.16.050;
(10) Section 62, page 234, Laws of 1854, section 173, page 371, Laws of 1873, section 1874, Code of 1881 and RCW 12.16.060;
(11) Section 63, page 234, Laws of 1854, section 174, page 371, Laws of 1873, section 1875, Code of 1881 and RCW 12.16.070;
(12) Section 64, page 234, Laws of 1854, section 175, page 371, Laws of 1873, section 1876, Code of 1881 and RCW 12.16.080;
(13) Section 65, page 234, Laws of 1854, section 176, page 371, Laws of 1873, section 1877, Code of 1881 and RCW 12.16.090;
(14) Section 80, page 236, Laws of 1854, section 61, page 349, Laws of 1863, section 79, page 348, Laws of 1873, section 1780, Code of 1881 and RCW 12.20.010;
(15) Section 81, page 237, Laws of 1854, section 62, page 349, Laws of 1863, section 79, page 349, Laws of 1873, section 1781, Code of 1881, section 1, chapter 41, Laws of 1915 and RCW 12.20.020;
(16) Section 83, page 237, Laws of 1854, section 82, page 350, Laws of 1873, section 1783, Code of 1881, section 13, chapter 89, Laws of 1957 and RCW 12.20.030;
(17) Section 92, page 239, Laws of 1854, section 91, page 352, Laws of 1873, section 1792, Code of 1881 and RCW 12.24.070;
(18) Section 93, page 239, Laws of 1854, section 92, page 352, Laws of 1873, section 1793, Code of 1881 and RCW 12.24.080;
(19) Section 94, page 239, Laws of 1854, section 93, page 352, Laws of 1873, section 1794, Code of 1881 and RCW 12.24.090;
(20) Section 96, page 240, Laws of 1854, section 95, page 352, Laws of 1873, section 1796, Code of 1881 and RCW 12.24.110;
(21) Section 2, chapter 58, Laws of 1929 and RCW 12.36.020;
(22) Section 3, chapter 58, Laws of 1929 and RCW 12.36.030;
(23) Section 4, chapter 58, Laws of 1929 and RCW 12.36.040;
(24) Section 5, chapter 58, Laws of 1929 and RCW 12.36.050;
(25) Section 6, chapter 58, Laws of 1929 and RCW 12.36.070;
(26) Section 7, chapter 58, Laws of 1929 and RCW 12.36.080; and
(27) Section 8, chapter 58, Laws of 1929 andRCW 12.36.090.
NEW SECTION. Sec. 46. The following acts or parts of acts are each repealed, effective January 1, 1988:
(1) Section 3, chapter 89, Laws of 1957 and RCW 12.04.200;
(2) Section 4, chapter 89, Laws of 1957 and RCW 12.04.201;
(3) Section 5, chapter 89, Laws of 1957 and RCW 12.04.203;
(4) Section 6, chapter 89, Laws of 1957 and RCW 12.04.204;
(5) Section 7, chapter 89, Laws of 1957 and RCW 12.04.205;
(6) Section 8, chapter 89, Laws of 1957 and RCW 12.04.206;
(7) Section 9, chapter 89, Laws of 1957 and RCW 12.04.207; and