STATE LAND LAWS 

 FORFEITURE. SEC. 135 



lessee and the duplicate to be kept in the office of the Commis- 

 sioner of Public Lands. (Laws '97, p. 243, sec. 24; sec. 6686 

 Rem.-Bal.; 477 sec. 85 Pierce.) 



Former Laws: Laws '95, p. 546, sec. 39. 



Cancellation for mistake or fraud: sec. Ill, supra. 



Division of lease: sec. 110, supra. 



Fee for issuing lease: sec. 32, supra. 



Assignment of lease: sec. 109, supra. 



Taxation of leasehold: sec. 327, infra. 



Leased lands not to be sold: sec. 63, supra. 



Damages in case of subsequent lease for oil and gas: sec. 200, post. 



Cited : 39 Wash. 409 ; 42 Wash. 443. 



SEC. 135. NOTICE OF FORFEITURE EXTENSION OF TIME. 



The Commissioner of Public Lands shall keep a full and com- 

 plete record of all leases so issued and payments made thereon, 

 and on or before the 5th day of each month the Commissioner of 

 Public Lands shall cause to be mailed to each lessee whose rental 

 will become due and payable during the following calendar 

 month a notice stating the date upon which the rental falls due 

 and the amount thereof; and if such rental be not paid on or 

 before the date the same becomes due, according to the terms 

 of the lease, the Commissioner of Public Lands shall declare a 

 forfeiture, cancel the lease and eject the lessee from the land: 

 Provided, That the Commissioner of Public Lands may extend 

 the time for payment of annual rental not to exceed one year 

 when, in his judgment, the interests of the state will not be 

 prejudiced thereby. (Laws '97, p. 244, sec. 25; amended, 

 Laws '09, p. 766, sec. 5; sec. 6687 Rem.-Bal.; 477 sec. 87 

 Pierce. ) 



Former Laws: Laws '95, p. 546, sec. 40. 



Forfeiture of contracts, see sees. 42-3. 



Cited : 33 Wash. 385 ; 35 Wash. 630 ; 39 Wash. 409 ; 42 Wash. 443. 



Service of the notice of delinquency may be made by mail, but where such 

 notice fails to reach lessee and is returned unopened, the commissioner has no 

 authority to cancel lease ; and a lessee paying within sixty days after second 

 notice is entitled to a reinstatement : State ex rel. Smith v. Ross, 42 Wash. 439. 



A lease cannot be cancelled by the commissioner for any cause except non- 

 payment of rent : State ex rel. Bussell v. Callvert, 33 Wash. 380. 



Mandamus will lie to compel the commissioner to reinstate a lease wrongfully 

 cancelled: State ex rel. Smith v. Ross, 42 Wash. 439; State ex rel. Bussell v. 

 Callvert, 33 Wash. 380. 



