STATE LAND LAWS 77 



MINERALS RESERVED. SEC. 85 



that the land sold would not, upon being readvertised and sold, 

 sell for at least ten per cent, more than the price at which it shall 

 have been sold, and that the payment required by law to be made 

 at the time of making the sale has been made, and the best in- 

 terests of the state may be thereby subserved, the Secretary of 

 the Board of State Land Commissioners, by order of said Board 

 shall enter upon his records a confirmation of said sale and there- 

 upon the Commissioner of Public Lands shall issue to the pur- 

 chaser a contract of sale, as in section 106 provided. (Laws '97, 

 p. 240, sec. 15 ; amended Laws '03, p. 114, sec. 2 ; amended Laws 

 '07, p. 755, sec. 7 ; sec. 6674 Rem.-Bal. ; 477 sec. 65 Pierce.) 



Former Laws: Laws '89-'90, pp. 444-46, sees. 14-16; Laws '93, p. 

 397, sec. 21; Laws '95, p. 541, sec. 29. 



NOTE: The Board of State Land Commissioners has uniformly con- 

 strued the word "within" to mean "after," as indicated by brackets in 

 the above section, so as to allow a full period of ten days after report 

 of sale for the filing of protests. 



Board of State Land Commissioners as Board of Appraisers: sec. 

 13, ante. 



Board may reconsider acts: sec. 19, ante, and notes. 



Money not deemed paid to state until deposited with treasurer: sec. 

 34, ante. 



Cited : 30 Wash. 269-271 ; 36 Wash. 671 ; 42 Wash. 446. 



Mandamus will not lie to compel the board to readvertise and resell, their 

 action being discretionary: McNaught etc. Co. v. Atlantic etc. Co., 36 Wash. 

 669 ; State ex rel. Bussell v. Bridges, 30 Wash. 268 ; Powers v. Webster, 47 

 Wash. 99. 



The commissioner may withhold deed after confirmation of sale, upon dis- 

 covery of fraud : State ex rel. Shores v. Ross, 44 Wash. 246. 



Evidence of fraud in bidding held sufficient to warrant disapproval of sale 

 and cancellation of executed deed : State ex rel. Shores v. Ross, 47 Wash. 210. 



SEC. 85. MINERALS RESERVED. 



Each and every contract for the sale of any state lands, or 

 deeds or patents to such state lands except deeds or patents 

 issued pursuant to contracts heretofore made shall contain the 

 following saving clause: "The party of the first part hereby 

 expressly saves, excepts and reserves out of the grant hereby 

 made, unto itself, its successors, and assigns forever, all oils, 

 gases, coal, ores, minerals and fossils of every name, kind or 

 description, and which may be in or upon said lands above 

 described, or any part thereof, and the right to explore the same 



