90 STATE LAND LAWS 



SEC. 94 PAYMENT. 



who shall, unless an appeal be taken from the appraisal or find- 

 ing to the superior court, proceed to sell and dispose of said 

 lands in accordance with such finding. (Laws '97, p. 250, sec. 

 45 ; sec. 6750 Rem.-Bal. ; 477 sec. 139 Pierce.) 



Former Laws: Laws '89-'90, pp. 433-f., sees. 8-11; Laws '91, p. 403, 

 sec. 1; Laws '95, p. 552, sees. 58, 61-2. 



Remedy and practice on appeal: sec. 22 et seq., ante, and notes. 



Limitation of appeals: sec. 29 et seq., ante. 



Cited : 17 Wash. 655 ; 19 Wash. 302 ; 21 Wash. 493 ; 49 Wash. 336. 



See 2 Remington's Digest, p. 2411, sec. 106. 



Upon denial of the application, the remedy is by appeal from the order of 

 rejection, and not by injunction against the sale of the lands : Kinnear v. 

 Ross, 74 Wash. 371. 



Until the award was finally certified to the Commissioner, the Board re- 

 tained jurisdiction and might review its order : Kinnear v. Ross, 74 Wash. 

 371. 



Mandamus will not issue to compel the sale of tidelands to one who has 

 been adjudged upon appeal 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 the writ is based : State ex rel. Kin- 

 near v. Bridges, 21 Wash. 591. 



SEC. 94. PAYMENT, WHEN TO BE MADE. 



Within twenty days after the expiration of the sixty days 

 limited in which to file applications for the purchase of tide 

 and shore lands the applicant shall pay to the Commissioner of 

 Public Lands one-tenth of the purchase price thereof, and 

 thereupon the purchaser shall enter into a contract with the 

 state as provided for the sale of school, granted and other lands 

 of this act: Provided further, That where an appeal is taken 

 the purchaser shall in all cases have twenty days from the day on 

 which the final judgment of the superior court is certified to and 

 filed with the Commissioner of Public Lands in which to make 

 said payment and enter into said contract: And provided 

 further, That in case different persons make application to pur- 

 chase a lot, tract or piece of tide or shore land within sixty days 

 and no appeal is taken from the determination of the Commis- 

 sion [Board] as to which person has the first right to purchase, 

 then the findings of the Commission shall be final and the 

 successful applicant shall have thirty days from the time when 

 served with notice of such finding, which notice shall be served by 

 mailing a registered letter addressed to the party at his address, 



