STATE LAND LAWS 107 



NOTICE OF APPLICATION. SEC. 122 



by boat: Palmer v. Peterson, 56 Wash. 74. But see notes to Art. XVII, sec. 

 1, Const., supra. 



The grant of such a right is not a substantial impairment of the rights of 

 the public in navigable waters or an interference with the right of Congress to 

 regulate commerce : Palmer v. Peterson, 56 Wash. 74. 



SEC. 122. APPLICATION TO PURCHASE NOTICE PROTEST. 



Upon the filing of a description of the survey of such land, as 

 provided for by the foregoing sections of this act,* the person 

 or persons having occupied or desiring to occupy such lands as 

 described in section 118, may file with the Commissioner of 

 Public Lands an application to purchase said lands, together 

 with a description of the lands applied for, by metes and 

 bounds, and upon the receipt of the same the Commissioner 

 of Public Lands shall, at the expense of the applicant, publish 

 or cause to be published, for three successive weeks in any news- 

 paper of general circulation printed and published in the county 

 where such lands are situated, a notice of such application to 

 purchase, giving therein a description of lands applied for. 

 During the next thirty days following the last publication of 

 said notipe, any person claiming a prior right to purchase such 

 tide lands may file with the Commissioner of Public Lands a con- 

 test for the purpose of establishing a prior right to purchase, or, 

 upon petition of ten citizens who shall be residents of the 

 county wherein such lands are situated, a contest may be filed 

 as hereinbefore provided, and such contest shall be upon the right 

 of applicant to purchase, as provided in the foregoing sections 

 of this act.* If the party making contest shall fail to establish a 

 prior right to purchase, said party shall be liable for the costs 

 resulting direct from such contest, except private attorney fees, 

 and the sum of such costs shall be paid by such contestant into 

 the State Treasury Department, and, upon such payment being 

 made, shall be entitled to a receipt for the same. (Laws '95, 

 p. 37, sec. 5 ; sec. 6801 Rem.-Bal. ; 373 sec. 51 Pierce.) 



* 118-124. 



Sections 4, 6, and 10 of this act (6802, 6805 Rem.-Bal.; 373 sees. 49, 53, 

 61 Pierce), saving existing rights, etc., are omitted as obsolete. 



