See infra, § 6829, appraisement of damages from overflowing state lands.

See infra, §§ 6831, 6832, rights of way over state lands.

$6606. Present Board Successor of Old.-The state board of land commissioners shall, from the date of the assumption of its official duties, possess and exercise over all the lands and areas of the state all the authority, power and functions and perform the duties which the present board of state land commissioners now possess, and is hereby constituted its successor, and all the provisions of law applicable to said board, not inconsistent with the provisions of this aet, are hereby made applicable to the board created by this act. [Cf. L. '95, p. 565, § 89; L. '97, p. 258, § 56.]

For former laws on the subject of tide and shore lands, see L. '90, pp. 431-437; L. '93, pp. 386-402; L. '95, pp. 527-571.

"This act" refers to chapter 89 of the Laws of 1897, §§ 1-70, and the acts amendatory thereof, found in this title.

See infra, § 6781, successors of board to exercise same powers. $6607. Records of Board, etc.-Said board and commission shall keep a full and complete record of their proceedings in separate records, one relating to appraisement, sale, lease and selection of lands; one relating to harbor lines, harbor areas, tide and shore lands. A clerk in the office of the commissioner of public lands shall act as the secretary of said board and commissions, and their office shall be in the office of the commissioner of public lands, and all records relating to said board and commissions of public lands of the state shall be kept in the office of the commissioner of public lands, and shall be subject to public inspection. [L. '97, p. 230, § 2.]

$6608. Rules and Regulations.-Said board of state land commissioners shall make all rules and regulations for carrying out the provisions of this act, not inconsistent with law, and the commissioner of public lands shall act as chairman of said board and commissions. [L. '97, p. 230, § 3.]

"This act": See note to § 6606.

$6609. Report to Legislature on Management of Lands.—It shall be the duty of the board of state land commissioners to fully investigate the management of the public lands of the state of Washington, and the laws relating thereto, and to report to each session of the legislature any changes in the methods of handling the public lands and any changes in the laws relating thereto that may seem to said board wise and proper. [L. '07, p. 212, § 1.]

$ 6610. Board may Accept Lands by Gift, etc., on Behalf of State. The said board of state land commissioners is hereby empowered to accept, in the name of the state of Washington, by deed of sale or gift, or by operation of law, any or all lands of whatsoever nature,

Rem. Wash, Code Vol. II-157

and said lands shall be inspected, appraised, managed, leased or sold in the same manner as is prescribed herein for granted lands, and the proceeds of the lease or sale of all such lands shall be converted into the general school fund in the manner prescribed by law, or shall be applied to such specific purpose as may be prescribed by any grantor or testator. This section shall apply especially to all lands that are or may be escheated to the state. [L. '95, p. 567, § 92; L. '97, p. 258, § 58.]

§ 6611. Board Empowered to Issue Subpoenas, etc., and Compel Attendance. [In] all hearings pertaining to the public lands of the state of Washington, or any part thereof, as provided by this act, the board of state land commissioners shall, in their discretion, have power to issue subpoenas and compel thereby the attendance of witnesses at such time and place as may be fixed by the board, to be stated in the subpoenas, and to conduct the examination thereof. Said subpoenas may be served by the sheriff of any county, or by any other officer authorized by law to serve process, or by any person over the age of twenty-one years, competent to be a witness, but who is not a party to the matter in which said subpoena is issued. Each witness subpoenaed by the board as witness on behalf of the state shall be allowed the same fees and mileage as provided by law to be paid witnesses in courts of record in this state, said fees and mileage to be paid by warrants on the general fund. And any person duly served with a subpoena, as herein provided, and who shall fail to obey the same, without legal excuse, such failure to obey shall be considered a contempt, and the board shall certify the facts thereof to the superior court of the county in which such witness may reside, and upon legal proof thereof such witness shall suffer the same penalties as are now provided in like cases in the courts in this state, as prescribed in section 1220: And it is further provided, that the certificate of the board shall be considered by the court as prima facie evidence of the guilt of the party charged with contempt. [L. '95, p. 567, § 93; L. '97, p. 259, § 59.]

"This act": See note to § 6606.

§ 6612. Board's Power of Review-Correction of Errors.—The board of state land commissioners or the commissioner of public lands may review and reconsider any of their official acts relating to the public lands of the state until such time as a lease, contract or deed shall have been made, executed and finally issued by the commissioner of public lands: Provided, that the board of state land commissioners or the commissioner of public lands, may recall any lease, contract or deed for the purpose of correcting mistakes or errors or supplying omissions. [L. '09, p. 768, § 8. Cf. L. '95, p. 570, § 102; L. '97, p. 261, § 67.]

Cited in 14 Wash. 425; 38 Wash. 615; 44 Wash. 247; 54 Wash. 482.

§ 6613. Vested Rights Confirmed, When.-This act shall not be construed to affect any vested right in any of the public lands as herein defined of any person, firm or corporation acquired under existing laws, or any preference right of purchase or finding by the board of state land commissioners under existing laws, or cases now pending before said board or in the courts, but the same are hereby confirmed, subject only to such rules and regulations for the government of said rights as may be hereafter defined by the board of state land commissioners. [Cf. L. '95, p. 570, § 103; L. '97, p. 262, § 68.] Cited in 13 Wash. 273.

"This act": See note to § 6606.

§ 6614. Trespasses-Land Litigation-Duty of Board as to.-Said board of land commissioners be and it is hereby directed and empowered to investigate all trespasses on and damage to state lands, and prosecute the same under the law; that said board shall also appear before the United States land offices in all cases involving the validity of the selections of any of the state's granted or school lands, and shall be authorized and empowered to summon witnesses and pay necessary witness fees and clerical hire in such contested eases. [L. '95, p. 569, § 99; L. '97, p. 261, § 64.]

See § 6824, infra.

§ 6615. Duties of Attorney General.—It shall be the duty of the attorney general, and he is hereby authorized to institute or defend any action or proceeding to which the state or any officer thereof is or may be a party or in which the interests of the state are involved in any court of this or any other state, or of the United States, or in any department of the United States, or before any board or tribunal, when so directed to do by the commissioner of public lands or the board of state land commissioners, or upon his own initiative. The commissioner of public lands is also authorized to appear for and represent the state in any such action or proceeding, relating to the public lands of the state. [L. '09, p. 767, § 7. Cf. L. '95, p. 570, $100; L. '97, p. 261, § 65.]

Cited in 28 Wash. 501.

CHAPTER II.

Appeals from Board of State Land Commissioners.

§ 6616. Appeals to Superior Court.-Any person who is an applicant to purchase or lease any of the state's granted, tide, shore, arid or oyster lands or harbor areas, or to purchase any timber, stone, fallen timber, hay, gravel or other valuable materials situate on any of the public lands of the state, and any person whose property rights or interests will be affected by such sale or lease, who may deem himself aggrieved by any order or decision of the board of state land commissioners concerning the same, shall have the right to appeal

from such order or decision to the superior court of the state of Washington for the county in which such lands, harbor areas or materials are situate. Said board of state land commissioners shall forthwith give notice in writing to all parties who have appeared in such proceeding of its order or decision. [L. '01, p. 98, § 1. Cf. L. '95, p. 561, § 82; L. '97, p. 254, § 52.]

Former laws cited in 16 Wash. 636; 17 Wash. 656; 19 Wash. 199, 302, 632; 84 Wash. 494.

See infra, § 6749, appeal from appraisement of tide lands.

See infra, § 6751, appeal as to preference right to purchase tide lands. See infra, § 6838, appeals from right of way appraisements.

§ 6617. Notice of Appeal.-Such appeal shall be taken by the person desiring to appeal serving upon the adverse party, if any there be, and also upon all other parties who have appeared in the proceeding before said board, or upon their attorneys, a notice in writing that he appeals from such order or decision to the said superior court, which said notice of appeal must be served as aforesaid, and, together with the proof or admission of service indorsed thereon or attached thereto, must be filed with the said board within thirty days from and after the day such order or decision is made. [L. '01, p. 98, § 2.]

§ 6618. Appeal Bond.-At the time of filing such notice of appeal or within five days thereafter, the appellant shall also file with said board a bond to the state of Washington in the penal sum of two hundred dollars, executed by said appellant and one or more sureties, who, unless a surety company bond be given, shall justify according to law; which bond shall be conditioned that the appellant shall pay all costs that may be awarded against him on the appeal or on the dismissal thereof, and shall be approved by one of the members or by the secretary of said board. [L. '01, p. 98, § 3.]

See infra, § 6749, bond on appeal from appraisement of tide lands.

§ 6619. Transcript.-Within thirty days after said notice of appeal has been filed, said board shall require its secretary to make a transcript of all the entries in the records of said board relating to the case, and, under the seal of said board, to certify the same together with all the processes, original pleadings and other papers relating to the case and filed with said board, except the evidence used in such proceeding before said board; and shall require its secretary to file said certified transcript and papers, at the expense of the appellant, with the clerk of the superior court of the county to which said appeal has been taken. [L. '01, p. 99, § 4.]

§ 6620. Trial de Novo.-The hearing and trial of said appeal in said superior court shall take place de novo before the court without a jury, upon the pleadings and papers so certified. The court or judge may order the pleadings to be amended, or new and further pleadings to be filed. Costs on said appeal shall be awarded to the pre

vailing party as is now provided by law in cases of actions commenced in the superior court, but no costs shall be awarded against said board or the state. Should judgment be rendered against the appellant, the costs on appeal shall be taxed against him and the sureties on the appeal bond, except when the state is the only adverse party, and shall be included in said judgment, and execution may issue from said superior court for the collection thereof. [L. 01, p. 99, § 5.]

Cited in 58 Wash. 94.

$ 6621. Appeal to Supreme Court.-Any party feeling himself aggrieved by the judgment of said court may appeal there from to the supreme court of the state of Washington in the same manner and within the time provided by law for appealing from judgments on actions at law to such supreme court. [L. '01, p. 99, § 6.]

§ 6622. Record Certified to Board.-Unless appeal be taken from the judgment of said superior court, the clerk of said court shall, on demand, certify, under his hand and seal of such court, a true copy of such judgment to the board of state land commissioners, which judgment shall thereupon have the same force and effect as if rendered by said board. [L. '01, p. 99, § 7.]

CHAPTER III.

Agent to Prosecute State Claims.

§ 6623. Agent to Prosecute State Claims-Appointment and Duties of. The governor of this state be and he is hereby authorized and empowered to appoint, with the advice and consent of the senate, an agent for the state of Washington, who shall be a citizen of said state, whose duty it shall be to prosecute to final decision in the proper departments of the government of the United States, or in any of the courts of the United States having jurisdiction, the claims of the state of Washington for the five per cent due to said state from the United States for or on account of public lands within this state disposed of by the United States as Indian reservations, and by the location of military land warrants and land serip issued for military services in the wars of the United States, and by the location of the agricultural college scrip, or by reason of any other disposal of the public lands of the United States within the state of Washington. It shall be the duty of the said agent to prosecute to final decision all claims of the state of Washington against the United States arising out of depredations committed by the Indians, or occurring during the late war, together with all claims which this state may have against the United States for expenses incurred in organizing, equipping, and maintaining troops for the public service, and for all school lands which may be due the said state from the