36 STATE LAND LAWS 



SECS. 27-29 APPEAL. 



tion thereof. (Laws '01, p. 99, sec. 5; sec. 6620 Rem.-Bal. ; 

 477 sec. 167 Pierce.) 



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



Cited in 37 Wash. 1 ; 58 Wash. 94. 



Upon appeal from an order of the board awarding the preference right to 

 purchase shore lands, it is proper to allow the application to be amended so as 

 to base the same upon an assignment of the preference right to purchase, In- 

 stead of upon the ownership of the abutting upland : Shorett v. Signor, 58 

 Wash. 89. 



Under this section the superior court cannot, upon an appeal from the Board 

 of State Land Commissioners, review a decision of the board as to what are the 

 proper records in the case, made in a proceeding instituted by one of the parties 

 pending the appeal, whereby the board refused to correct the record : Squire v. 

 Sidney, 37 Wash. 1. 



SEC. 27. APPEAL TO SUPREME COURT. 



Any party feeling himself aggrieved by the judgment of said 

 court, may appeal therefrom to the Supreme Court of the State 

 of Washington in the same manner and within the time provided 

 by law for appealing from judgments on actions at law to such 

 Supreme Court. (Laws '01, p. 99, sec. 6; sec. 6621 Rem.-Bal.; 

 477 sec. 169 Pierce.) 



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



SEC. 28. RECORD CERTIFIED TO BOARD. 



Unless appeal be taken from the judgment of said superior 

 court, the clerk of said court shall, on demand, certify, under 

 his hand and seal of such court, a true copy of such judgment 

 to the Board of State Land Commissioners, which judgment 

 shall thereupon have the same force and effect as if rendered by 

 said board. (Laws '01, p. 99, sec. 7; sec. 6622 Rem.-Bal.; 477 

 sec. 171 Pierce.) 



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



Mandamus will not lie to compel the sale of tide lands to one who was ad- 

 judged by the superior court to have the preference right to purchase, when 

 there is pending before the court an undetermined motion to vacate the judg- 

 ment upon which the application for writ is based : State ex rel. Kinnear v. 

 Bridges, 21 Wash. 591. 



SEC. 29. DISPOSITION OF TIDE LANDS LACK OF PROSECUTION. 



In all cases involving the prior privilege of purchase of tide 

 lands of the first class, wherein appeals have been or shall be 

 taken from any decision of the Board of State Land Commission- 

 ers to the superior court, and in which no trial has been or shall 



