238 STATE LAND LAWS 



SECS. 366-367 OYSTEES PLANTERS' RIGHTS. 



fore the license shall be issued. (Laws '03, p. 343, sec. 11 ; sec. 

 5251 Rem.-Bal. ; 373 sec. 21 Pierce.) 



Former Laws: Laws '97, p. 302, sec. 13. 



* Sees. 355-365. 



NOTE: Section 12 of this Act, (sec. 5252 Rem.-Bal.; 373 sec. 23 

 Pierce), creating an oyster fund, was probably repealed by Chap. 8, 

 Laws '07, which abolished all special funds in the state treasury and 

 provided that all moneys thereafter received, except from certain 

 sources, should be paid into the general fund. By an act of the same 

 session (section 483, post), providing for the sale of certain oyster 

 reserves, the proceeds of such sales were directed to be paid into a 

 special fund "for the improvement, protection and supervision of the 

 state oyster reserves." Although a later act, this is inconsistent with 

 and is probably controlled by Chap. 8, which carried an emergency 

 clause. 



SEC. 366. PLANTER'S RIGHTS PENDING SALE. 



When any person has, acting in good faith, planted oysters 

 on any tide or shore lands not containing any bed of natural 

 oysters belonging to the State of Washington and not other- 

 wise occupied for purposes of trade or commerce, such oysters 

 shall, pending the sale, lease or reservation of such lands by the 

 state, be considered as personal property, and the unauthorized 

 taking of the same shall subject the offender to civil and criminal 

 prosecution as in any similar case of violation of property 

 rights : Provided, That the grounds holding the oysters have 

 been kept suitably marked by stakes or other landmarks, but 

 such stakes or other landmarks having been removed by accident 

 or design shall not excuse any person for wrongfully taking 

 the oysters thereby marked if he knew the grounds to have been 

 planted with oysters. (Laws '95, p. 46, sec. 1 ; sec. 5258 Rem.- 

 Bal. ; 373 sec. 69 Pierce.) 

 SEC. 367. IN DEEP WATER PLANTER'S RIGHTS. 



When any person has, acting in good faith, planted oysters 

 on any grounds lying deeper than the level of the water, said 

 grounds being under the jurisdiction of the State of Washing- 

 ton, and not otherwise occupied for the purpose of trade or 

 commerce, such oysters shall, pending the sale, lease or reser- 

 vation of such lands by the State of Washington, be considered 



