34 STATE LAND LAWS 



SECS. 23-24 APPEAL. 



cuting an appeal from an adverse decision of the Board of State Land Commis- 

 sioners : Oliver v. Dupee, 16 Wash. 634. 



The lessee of a harbor area may maintain an action to enjoin the cancella- 

 tion of his lease: Seattle Wharf Co. v. Callvert, 42 Wash. 390. 



The fact that an applicant for the purchase of tide lands is not qualified to 

 take and hold the lands cannot be urged by one who is incompetent as a con- 

 testant : Hays v. Merchants' Bank, 10 Wash. 573. 



Where the application of the abutting owner, claiming a preference right to 

 purchase tide lands, is denied by the board, his remedy is by appeal from the 

 order of rejection, and injunction will not issue to prevent the sale of the lands : 

 Kinnear v. Ross, 74 Wash. 391. 



SEC. 23. NOTICE OF APPEAL. 



Such appeal shall be taken by the person desiring to appeal 

 serving upon the adverse party, if any there be, and also upon 

 all other parties who have appeared in the proceeding before 

 said board, or upon their attorneys, a notice in writing that he 

 appeals from such order or decision to the said superior court, 

 which said notice of appeal must be served as aforesaid, and, to- 

 gether with the proof or admission of service endorsed thereon or 

 attached thereto, must be filed with the said board within thirty 

 days from and after the day such order or decision is made. 

 (Laws '01, p. 98, sec. 2; sec. 6617 Rem.-Bal. ; 477 sec. 161 

 Pierce.) 



Former Laws: Laws '95, p. 561, sec. 82; Laws '97, p. 254, sec. 52. 



Cited* in 27 Wash. 603 ; 40 Wash. 98 ; 42 Wash. 442. 



Appeal cannot be taken more than thirty days after order of sale : McNaught 

 etc. Co. v. Atlantic etc. Co., 36 Wash. 669. 



Under Laws 1889-90, p. 431, notice of appeal from state board of equaliza- 

 tion was required to be filed with the board within ten days after the rendition 

 of the decision : Union etc. Co. v. Katz, 8 Wash. 389. 



Where an appeal to the superior court has been taken from the decision of 

 the state board and notice thereof mailed at Port Townsend on the eighth day 

 after the decision was rendered and addressed to the board at Olympia, it must 

 be held as made within the ten days allowed by Laws 1889-90, p. 431, when there 

 is nothing to controvert such fact except that the notice was marked as filed 

 on the eleventh day : Union Wharf Co. v. Katz, 11 Wash. 407. 



SEC. 24. BOND ON APPEAL. 



At the time of filing such notice of appeal or within five days 

 thereafter, the appellant shall also file with said board a bond to 

 the State of Washington in the penal sum of two hundred dol- 

 lars, executed by said appellant and one or more sureties, who, 

 unless a surety company bond be given, shall justify according 

 to law ; which bond shall be conditioned that the appellant shall 

 pay all costs that may be awarded against him on the appeal or 



