STATE LAND LAWS 35 



APPEAL. SECS. 25-26 



on the dismissal thereof, and shall be approved by one of the 

 members or by the secretary of said board. (Laws '01, p. 98, 

 sec. 3; sec. 6618 Rem.-Bal. ; 477 sec. 163 Pierce.) 



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



Bond on appeal from appraisal of tide lands: sec. 324, post.- 



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



Bonds on appeal : 1 Remington's Digest, pp. 133-141, sees. 189-208 ; Vol. 4, 

 idem, pp. 56-57, sees. 189-206. 



SEC. 25. TRANSCRIPT. 



Within thirty days after said notice of appeal has been filed, 

 said board shall require its secretary to make a transcript of all 

 the entries in the records of said board relating to the case, and, 

 under the seal of said board, to certify the same together with all 

 the processes, original pleadings and other papers relating to the 

 case and filed with said board, except the evidence used in such 

 proceeding before said board ; and shall require its secretary to 

 file said certified transcript and papers, at the expense of the ap- 

 pellant, with the clerk of the superior court of the county to 

 which said appeal has been taken. (Laws '01, p. 99, sec. 4; 

 sec. 6619 Rem.-Bal.; 477 sec. 165 Pierce.) 



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



A copy of the pleadings and papers connected with a contest prepared and 

 certified by the board may, on appeal from the decision of the superior court, be 

 sent to the supreme court as the transcript in the cause, and it is not necessary 

 to bring it up by a bill of exceptions : Oliver v. Dupee, 16 Wash. 634. 



SEC. 26. TRIAL DE NOVO AMENDMENTS COSTS. 



The hearing and trial of said appeal in said superior court 

 shall take place de novo before the court without a jury, upon 

 the pleadings and papers so certified. The court or judge may 

 order the pleadings to be amended, or new and further pleadings 

 to be filed. Costs on said appeal shall be awarded to the prevail- 

 ing party as is now provided by law in cases of actions com- 

 menced in the superior court, but no costs shall be awarded 

 against said board or the state. Should judgment be rendered 

 against the appellant, the costs on appeal shall be taxed against 

 him and the sureties on the appeal bond, except when the state 

 is the only adverse party, and shall be included in said judgment, 

 and execution may issue from said superior court for the collec- 



dim. \^-A. 



