STATE LAND LAWS 

 OYSTERS DISCOVERERS' RIGHTS. SECS. 368-369 



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 land- 

 marks 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 the oysters, 

 (Laws '95, p. 46, sec. 2; sec. 5259 Rem.-Bal. ; 373 sec. 71 

 Pierce.) 



Leasing of deep water oyster lands: sec. 170 et seq., ante. 



SEC. 368. CONFERS NO RIGHTS TO PURCHASE. 



Nothing in sections 366 or 367 shall be construed as giving 

 any prior or exclusive right of purchase or lease from the State 

 of Washington of any shore and tide land or deeper lands 

 when the same may or shall be disposed of by the state or offered 

 by the state for sale or lease, nor shall it be construed as in any 

 way removing, diminishing or affecting any such rights hereto- 

 fore provided for by any act, or hereafter to be provided for 

 by any act ; neither shall this act be in any way amendatory to 

 section 116 of this code. (Laws '95, p. 47, sec. 3; sec. 5260 

 Rem.-Bal.; 373 sec. 73 Pierce.) 



SEC. 369. RIGHTS OF PERSON DISCOVERING. 



Any person or persons, being a citizen or citizens of the 

 United States, who shall discover any bed or beds of oysters in 

 any bay or arm of the sea bordering upon this state, that has 

 not been before discovered, shall, by right of said discovery, be 

 entitled to the exclusive right or privilege of gathering or dredg- 

 ing oysters on said bed or beds for the term of five years. The 

 person, or persons, making such discovery, who desires to avail 

 himself of the rights and privileges hereby granted, shall be re- 

 quired to designate the place and area of the bed or beds so dis- 

 covered, with the stakes or other artificial marks, and shall make 

 affidavit before the county auditor of the county in which such 

 discovery has been made, that he located the premises so discov- 



