92 STATE LAND LAWS 



SEC. 97 SECOND CLASS LANDS. 



meander line, with his application, and shall pay one-tenth of the 

 purchase price on the date of sale. (Laws '97, p. 252, sec. 48; 

 amended Laws '99, p. 138, sec. 1 ; sec. 6761 Rem.-Bal. ; 477 

 sec. 145 Pierce.) 



Former Laws: Laws '95, p. 555, sees. 65, 74. 



Preference right to purchase second class shore lands: sec. 98 

 et seq., post, a later act. 



Sale of granted lands: sec. 68 et seq., ante. 



Contract of sale: sec. 106, post. 



Classification and definition of tide and shore lands: sees. 59 and 

 87, ante. 



Possession withheld for removal of oysters: sec. 116, post. 



Cited in 27 Wash. 606-612. 



This act did not repeal special act relating to the sale of tide lands for 

 oyster cultivation, sec. 118 et seq., post: State ex rel. Abbott v. Ross, 62 

 Wash. 82. 



A purchaser of tide lands described as "lying in front of, adjacent to or 

 abutting upon" a certain subdivision of upland according to government sur- 

 vey does not thereby acquire title to any tide lands lying within the meas- 

 ured calls of such subdivisions : Shelton Logging Co. v. Gosser, 26 Wash. 126. 



Under this section, an owner of improvements on tide lands is entitled 

 to have such improvements appraised, as provided in sec. 77, supra, relating 

 to the appraisement and sale of school lands : Sullivan v. Callvert, 27 Wash. 

 600. 



And such lands should be offered for sale in tracts with reference to such 

 improvements : idem. 



But unimproved tide lands are not required to be divided into quantities 

 not exceeding 160 acres when offered for sale, as provided by sec. 69, 

 supra : id. 



A sale of lands as tide lands of the second class must be considered as 

 made after a finding by the proper officers as to the character of the land, 

 and, in the absence of fraud, a deed will not be set aside upon a showing 

 that the lands are in fact oyster lands or suitable for the cultivation of 

 oysters : Welsh v. Callvert, 34 Wash. 250 ; State v. Heuston, 56 Wash. 268. 



SEC. 97. SAME SOLD AS OTHER LANDS. 



All tide and shore lands except as herein* expressly provided 

 shall be sold upon the terms provided for the sale of school and 

 granted lands. (Laws '97, p. 253, sec. 51 ; amended, Laws '99, 

 p. 132, sec. 1 ; sec. 6763 Rem.-Bal. ; 477 sec. 157 Pierce.) 



Former Laws: Laws '95, p. 561, sec. 81. 



*Chap. 89, Laws '97, and acts amendatory. 



Classification and definition: sees. 87 and 59, ante. 



Terms of sale: sec. 83, ante. 



Cited: 27 Wash. 607; 49 Wash. 133; 64 Wash. 166. 



