STATE LAND LAWS 105 



LANDS FOB OYSTER PLANTING. SECS. 117-119 



SEC. 117. WORD "PERSON" CONSTRUED. 



Whenever the word "person" is used in section 116, it shall be 

 deemed to mean person, persons, firm or corporation. (Laws 

 '91, p. 208, sec. 2; sec. 5257 Rem.-Bal; 373 sec. 67 Pierce.) 



SEC. 118. OCCUPANTS OF OYSTER LANDS MAY PURCHASE. 



It shall be lawful for any person who is entitled to purchase 

 tide lands pursuant to the act of March 26, 1890,* as being an 

 occupant of land planted with oysters, to survey or cause to be 

 surveyed at his own expense, the land that pursuant to said act 

 he is entitled to purchase, not exceeding one hundred acres in 

 area : Provided, That the party making application to purchase 

 under the provisions of this actf shall accompany such applica- 

 tion with a certificate under oath to the effect that lands pur- 

 chased under the provisions of this actf shall be used for oyster 

 planting purposes only. (Laws '95, p. 36, sec. 1 ; sec. 6799 

 Rem.-Bal. ; 373 sec. 43 Pierce.) 



* Laws '89-'90, p. 435. 



t Sees. 118-124, commonly called the "Bush Act." 

 NOTE: Sec. 4 of this act gave occupants a preference right to pur- 

 chase, which expired Sept. 2, 1895. 



Compare sec. 114, supra, a similar provision. 



This act (sees. 118-124) was not repealed by the later general acts pro- 

 viding for the sale of tide lands : State ex rel. A&6o v. Ross, 62 Wash. 82. 



An applicant for the purchase of tide lands cultivated as an artificial oyster 

 bed prior to the act of 1890, giving preference right to purchase, must satisfy 

 the Commissioner that such land was not a natural oyster bed at the time of 

 his entry thereon : State ex rel. Smith v. Forrest, 8 Wash. 610. 



The fact that plaintiffs had planted and cultivated oysters upon public lands 

 for a number of years under an implied license, would give them no right to re- 

 strain defendant from going into possession of such oyster bed under deed from 

 the state, when plaintiffs' possession and occupation had been abandoned at the 

 time of the sale by the state to the defendant : Riddell v. Brown, 25 Wash. 514. 



SEC. 119. LANDS FOR OYSTER PLANTING. 



Any person desiring to purchase tide lands for the purposes 

 of oyster planting may purchase tide lands of the third [second] 

 class not included in any natural oyster beds or any reserve [,] 

 pursuant to the provisions of this act.* (Laws '95, p. 38, sec. 

 7; sec. 6803 Rem.-Bal.; 373 sec. 55 Pierce.) 



* Sees. 118-124. 



Parts of this section omitted as obsolete. 

 Citizens only may purchase: sec. 123, post. 



