106 STATE LAND LAWS 



SECS. 120-121 OYSTER LANDS, SURVEY. 



SEC. 120. SURVEY AND DESCRIPTION. 



The survey and description in duplicate of such tract shall 

 be subject to the direction, oversight and approval of the Board 

 of State Land Commissioners, and one description of said tract 

 as surveyed shall be filed with and be recorded by the county 

 auditor of the county in which said tide lands are situated, in a 

 book kept by him for such especial purpose, and a duplicate de- 

 scription in the office of the Commissioner of Public Lands. 

 (Laws '95, p. 36, sec. 2; sec. 6799 Rem.-Bal. ; 373 sec. 45 

 Pierce.) 



SEC. 121. SURVEY, PRICE AND PAYMENTS. 



The survey of such lands, as provided in the foregoing sec- 

 tions of this act,* may not be required to follow the lines of 

 United States government survey, but may follow the direction 

 of the oyster beds actually occupied by the party proposing to 

 purchase the same ; the persons entitled to purchase such oyster 

 beds under the provisions of this act* may purchase the same at 

 the rate of one dollar and twenty-five cents per acre, one-fourth 

 of which price shall be paid at time of making such purchase, 

 and the remaining three-fourths in three equal annual payments, 

 each of which sums shall draw interest at the rate of eight per 

 cent, per annum, the unpaid portion remaining as a lien upon 

 said land until all payments shall be made in full, and the pur- 

 chaser shall thereupon be entitled to a deed to the same; said 

 deed shall be executed by the Governor, attested by the Secre- 

 tary of State with the seal of the state thereto attached, which 

 deed shall contain the conditions of defeasance in this act* pro- 

 vided. (Laws '95, p. 36, sec. 3; sec. 6800 Rem.-Bal.; 373 sec. 

 47 Pierce.) 



* Sees. 118-124. 



Deeds, issuance generally: sees. 104-105, ante. 



Taxes to be paid before issuance of deed: sec. 326, post. 



Cited : 62 Wash. 86. 



Whether any title is acquired in lands sold under this act below the lower 

 boundary of second class tide lands, sold as such, is a question which cannot be 

 raised by the owner of the second class tide lands : Pearl Oyster Co. v. Heuston, 

 57 Wash. 533. 



A sale of tide lands under this act grants the exclusive right of possession, 

 so that all persons may be restrained from passing over the same, on foot or 



