STATE LAND LAWS 103 



PLANTED OYSTER LANDS. SEC. 115 



oysters thereon, and for no other purpose, whether said tracts 

 were originally covered by alleged natural oyster beds or not ; 

 and where, notwithstanding such prior occupancy and cultiva- 

 tion, any such tract or tracts so occupied prior to March 26, 

 1890, shall since such date have been reserved from sale or lease 

 as natural oyster beds, the person or persons, or their assigns, 

 who planted, occupied and cultivated such artificial beds may, 

 by complying with the provisions of law touching the sale of 

 artificial oyster beds and paying the value thereof fixed by the 

 State of Washington, be entitled to receive a deed, subject to all 

 the provisions of this act,* to such tract or tracts not exceeding 

 in area of forty acres to any one person, as they so in good faith 

 improved as such artificial oyster beds prior to March 26, 1890. 

 (Laws '95, p. 39, sec. 1; sec. 6806 Rem.-Bal. ; 373 sec. 39 



Pierce.) 



Former Laws: Laws '89-'90, p. 435, sec. 11. 



* Sees. 114-115, being the so-called "Callow Act." 



Similar provision for sale: sec. 118, post. 



Right to oyster beds by discovery: sec. 369, post. 



Reservation of natural oyster beds: sec. 359, post. 



Cited: 63 Wash. 364. 



Whether any title is acquired in lands sold for oyster culture and lying be- 

 low the lower boundary of second class tide lands, sold as such, is a question 

 which cannot be raised by the owner of the tide lands : Pearl Oyster Co. v. 

 Heuston, 57 Wash. 533. 



SEC. 115. LIMITATIONS IN DEED REVERSION. 



It shall be expressly provided in the deed of conveyance of 

 any such oyster bed and the tide land covered thereby, that 

 said land, at the time of conveyance, is not in front of any incor- 

 porated city or town, nor within two miles thereof on either side, 

 and that the said land is not now used for purposes of trade or 

 commerce ; that if at any time after the granting of said deed the 

 land described therein shall cease to be used for the purposes of 

 an artificial oyster bed, it shall thereupon revert to, and become 

 the property of the State of Washington, and that the same is 

 conveyed to the grantee only for the purposes of cultivating 

 oysters thereon, and the State of Washington hereby reserves the 

 right to enter upon and take the possession of said tract or 

 tracts if at any time the same is used for any other purpose than 



