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Commissioners make order.

Misdemeanor.

Swine not permitted at large.

Repealing

$$ 3166-3172. Rem.-Bal.

Emergency.

the question presented by such petition, and to determine whether such district shall be created.

SEC. 3. If the board of county commissioners shall determine to prohibit the running at large of livestock within the territory described in such petition or in any portion thereof, it shall make an order defining the boundaries of such territory, which shall be entered upon the records and published in a newspaper having general circulation in such territory for four successive weeks, or by posting in three public places in such territory for four weeks.

SEC. 4. Any person, or any agent, employee or representative of a corporation, violating any of the provisions of such order after the same shall have been published or posted as provided in section three of this act, shall be guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not less than two dollars, nor more than ten dollars, for each offense, and it shall be the duty of the prosecuting attorney of such county, on complaint of any resident or freeholder of said territory, to forthwith enforce the provisions of this section.

SEC. 5. The owner of swine shall not allow them to run at large at any time or within any territory, and any violation of this section shall render such owner liable to the penalties provided for in section four of this act: Provided, That swine may be driven upon the highways while in charge of sufficient attendants.

SEC. 6. Chapter two hundred and thirty of the Session Laws of 1907, relative to livestock running at large, and all other acts or parts of acts inconsistent with the provisions of this act are hereby repealed.

SEC. 7. An emergency exists and this act shall take effect immediately.

Passed the House January 31, 1911.

Passed the Senate February 9, 1911.

Approved by the Governor February 25, 1911.

CHAPTER 26.

[S. B. 85.]

DEFINING FORCIBLE ENTRY AND DETAINER.

AN ACT amending section 2 of an act entitled "An act amending sections 3, 5, 11 and 12 of an act entitled 'An act defining forcible entry, forcible detainer and unlawful detainer of real property, and providing remedies therefor by summary proceedings,' approved March 7, 1891," approved March 6, 1905, and declaring an emergency.

Be it enacted by the Legislature of the State of Washington:

detainer.

service.

SECTION 1. That section 2 of an act entitled "An act [Amending $ 814, amending sections 3, 5, 11 and 12 of an act entitled 'An act Rem.-Bal.] defining forcible entry, forcible detainer and unlawful de- Unlawful tainer of real property, and providing remedies therefor by summary proceedings,' approved March 7, 1891," approved March 6, 1905, be amended to read as follows: Section 2. Any notice provided for in this act shall be served either (1) by delivering a copy personally to the person entitled thereto; or (2) if he be absent from the premises unlawfully held, by leaving there a copy, with Manner of some person of suitable age and discretion, and sending a copy through the mail addressed to the person entitled thereto at his place of residence; or (3) if the person to be notified be a tenant, or an unlawful holder of premises, and his place of residence is not known, or if a person of suitable age and discretion there cannot be found then by affixing a copy of the notice in a conspicuous place on the premises unlawfully held, and also delivering a copy to a person there residing, if such a person can be found, and also sending a copy through the mail addressed to the tenant, or unlawful occupant, at the place where the premises unlawfully held are situated. Service upon a sub-tenant may be Copy mailed. made in the same manner: Provided, That in cases where the tenant or unlawful occupant, shall be conducting a hotel, inn, lodging house, boarding house, or shall be renting rooms while still retaining control of the premises as a whole, that the guests, lodgers, boarders or persons rent

Service on corporations.

Affidavit of service.

Additional day.

Emergency.

ing such rooms shall not be considered as sub-tenants within the meaning of this act, but all such persons may be served by affixing a copy of the notice to be served in two conspicuous places upon the premises unlawfully held; and such persons shall not be necessary parties defendant in an action to recover possession of said premises. Service of any notice provided for in this act may be had upon a corporation by delivering a copy thereof to any officer, agent or person having charge of the business of such corporation, at the premises unlawfully held, and in case no such officer, agent or person can be found upon such premises, then service may be had by affixing a copy of such notice in a conspicuous place upon said premises and by sending a copy through the mail addressed to such corporation at the place where said premises are situated. Proof of any service under this section may be made by the affidavit of the person making the same in like manner and with like effect as the proof of service of summons in civil actions. When a copy of notice is sent through the mail, as provided in this section, service shall be deemed complete when such copy is deposited in the United States mail in the county in which the property is situated properly addressed with postage prepaid: Provided, however, That when service is made by mail one additional day shall be allowed before the commencement of an action based upon such notice.

SEC. 2. An emergency exists, and this act shall take effect immediately.

Passed the Senate January 26, 1911.

Passed the House February 23, 1911.

Approved by the Governor February 28, 1911.

CHAPTER 27.

[H. B. 267.]

GRANTING RIGHTS-OF-WAY THROUGH CERTAIN STATE

LANDS.

AN ACT granting rights-of-way through lands in the State of Washington held for State Training School purposes and declaring an emergency.

granted.

Be it enacted by the Legislature of the State of Washington: SECTION 1. That authority is hereby conferred upon the governor of the State of Washington to convey a rightof-way sixty feet in width to the Chehalis & Cowlitz Railroad Company, a corporation, its successors and assigns, for railway purposes, and also a right-of-way forty feet in Right-of-way width to Lewis county for county road purposes, across the tract of land belonging to the State of Washington in Lewis county in this state, near Chehalis, used and occupied for the purposes of the State Training School. Said railroad right-of-way to be thirty feet on each side of the center line of the railroad as now located and established over and across said lands, and the county road to be located on the west side of said railroad right-of-way and adjoining thereto, and to connect with the county road on each side of said tract.

SEC. 2. Before such conveyances shall be made by the governor, said corporation shall grade and drain a roadway upon and along the right-of-way for the county road mentioned in section 1 of this act, and complete such work to the approval and satisfaction of the board of county commissioners of Lewis county, and said corporation shall also construct, at its own expense, a spur track not exceeding eleven hundred feet in length to a point near the west end of the present shop row of the State Training School: Provided, That said conveyances shall not be delivered until a plat of the right-of-way of the railroad, the county road and the spur shall be filed by said corporation with the state board of control, showing the definite location of said

Commisprove work.

sioners ap

Emergency.

rights-of-way, and the same approved by said state board of control; and upon the board of control certifying to the governor that the provisions of this section have been complied with, the governor shall execute deeds for said rightsof-way as provided in section 1 of this act, conveying an easement for right-of-way purposes for such length of time as the same shall be used for such purposes.

SEC. 3. An emergency exists and this act shall take effect immediately.

Passed the House February 9, 1911.
Passed the Senate February 25, 1911.
Approved by the Governor March 1, 1911.

Boundaries.

CHAPTER 28.

[H. B. 123.]

CREATING AND ORGANIZING PEND OREILLE COUNTY. AN ACT relating to the creation and organization of the county of Pend Oreille, subject to the requirements of the state constitution and the statutes in respect to the establishment of new counties.

Be it enacted by the Legislature of the State of Washington: SECTION 1. All that portion of Stevens county bounded and described as follows, to-wit:

Beginning at the southeast corner of section 36 in township 30 north, range 42 east of the Willamette meridian, which is a point on the boundary line between Stevens and Spokane counties; thence running north, along the east line of said township 30 north, range 42 east of the Willamette meridian, to the northeast corner of section 1, in said township 30; thence west to the southwest corner of section 34 in township 31, north, range 42 east of Willamette meridian; thence north, along the west line of sections 34, 27 and 22 of said township 31, north, range 42 E. W. M.; thence north on a line from said northwest corner of section 22 in said township 31 to a point on the north line of said

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