Harbor Line void. Be it enacted by the Legislature of the State of Washington: Harbor Line Commissioner's Map Null and Void. SECTION 1. The Harbor Line Commissioner's Map of Abermap null and deen Harbor, heretofore filed in the office of the State Land Commissioner, and in the office of the auditor of Chehalis county, is hereby declared null and void, and the Board of State Land Commissioners is hereby empowered and instructed, and it shall be the Duty of State duty of such board, as soon as practicable hereafter, to locate and establish harbor lines in the Chehalis river and in Grays Harbor in front of the City of Aberdeen, in conformity with the general. laws of this State governing the establishment of harbor lines. Board Former appraisements set aside. Re-survey and plat. Plats in duplicate where to be filed. Basis of valuation. Duplicate records. Former Appraisement Set Aside. SEC. 2. The plats and appraisements of the Aberdeen tide lands in Chehalis county, heretofore made and deposited in the office of the Commissioner of Public Lands, are hereby annulled and set aside. The Board of State Land Commissioners is authorized and instructed, and it is hereby made its duty as soon as practicable hereafter, to cause the tide lands within the limits of the City of Aberdeen to be surveyed, platted and appraised. Such survey and plat shall be made as nearly as may be in conformity with the general laws of this state relating to the surveying and platting of tide lands. All plats shall be made in duplicate and one shall be filed in the office of the State Land Commissioner, and one in the office of the auditor of Chehalis county. Basis of Valuation. SEC. 3. In making the appraisement of the tide lands mentioned in the preceding section, excepting as to improvements, the Board of State Land Commissioners shall use the same basis of valuation, as nearly as may be, upon which the lots and parcels of tide lands were originally appraised, as shown in volume two of Appraisements of Tide and Shore Lands of Chehalis County, as heretofor (heretofore) made by the local board of tide and shore land appraisers, now on deposit in the office of the State Commissioner of Public Lands, applying the same, as near as may be, with due regard to location and proportionate areas, so appraisement hereby directed to be made shall conform as near as may be to said former appraisement, according to said record thereof so on deposit. The record of such appraisement shall be made in duplicate, one to be filed with the State Commissioner of Public Lands and one with the auditor of Chehalis county. Abutting Owner May Apply to Purchase-When. when. SEC. 4. The owner or owners of lands abutting or fronting Abutting owner may apply upon any of the tide lands herein before mentioned shall have the to purchaseright, for sixty (60) days following the final appraisement and plat of such tide lands with the Commissioner of Public Lands, to apply for the purchase of all or any portion of the tide lands in front of the lands so owned: Provided, That if valuable improvements, and in actual use prior to March 26, 1890, for commerce, trade, residence or business, have been made upon said tide lands by any person, association or corporation, the owner or owners of such improvements shall have the exclusive right to apply for the purchase of lands so improved for the period aforesaid: Provided, further, That the owner of such improvements shall have the Improvements.. right in all cases to purchase in addition to the tide lands covered by such improvements, unoccupied and unimproved tide lands adjoining such improvements sufficient for the necessary and convenient use and enjoyment of such improvements and business, and such right of purchase shall be prior and superior to that of the upland owner or others claiming under him: And provided further, That when the abutting upland owner has attempted to con- Construction vey by deed to a bona fide purchaser any portion of the tide lands ownership. in front of such upland, or littoral rights therein, the right of purchase being given to the upland owner shall be construed to belong to such purchaser, or any person, association or corporation claiming by, through or under such purchaser, to the extent of the tract or right so conveyed. The preference right hereby given Preference to purchase any tide land abutting or bordering upon the harbor area shall carry with it the preference right to lease the harbor area in front of such tide lands, provided that the person applying for such preference right of purchase of tide lands shall within the period limited for exercising his preference right to purchase tide lands also apply to lease the harbor area in front of such tide lands. Wherever there is no tide land between the harbor area and the upland the owner of such upland shall have a like prefer- Preference ence right to lease the abbutting harbor area. General Laws to Apply. as to right. right. to apply. SEC. 5. The general laws of this state in relation to the plat- General laws. ting, appraisement and sale of tide and shore lands and the estab Appropriation. lishment and leasing of harbor areas, when not inconsistent with this act, shall be applicable hereto relative to notice of filing of plats, manner of exercising the preference right of purchase or lease, appeals from the state board of land commissioners and to all other proceedings except as herein otherwise expressly provided. Appropriation. SEC. 6. There is hereby appropriated out of the harbor area fund the sum of $3,000, or so much thereof as may be necessary therefor, for the purpose of carrying out the provisions of this act, and the State Auditor is hereby authorized to draw warrants thereon for said purpose. RELATING TO DEFENCE OF STATUTE OF LIMI- [Chap. XXIV, Session Laws 1903, p. 26.] Sec. 4708 Ballinger's Code. Limitation. AN ACT relating to the defence of the statute of limitations in actions Be it enacted by the Legislature of the State of Washington: SECTION 1. Section 35 of the code of civil procedure of Washington, 1881, the same being section 4807 of Ballinger's Annotated Codes and Statutes of Washington, shall be amended to read as follows: Section 35 (Section 4807). The limitations prescribed in this act (chapter) shall apply to actions brought in the name or for the benefit of any county or other municipality or quasi municipality of the state, in the same manner as to actions brought by private parties: Provided, That there shall be no limitation to actions brought in the name or for the benefit of the state, and no claim of right predicated upon the lapse of time shall ever be asserted against the state: And further provided, That no previously existing statute of limitation shall be inter posed as a defense to any action brought in the name of or for the benefit of the state, although such statute may have run and become fully operative as a defense prior to the adoption of this act, nor shall any cause of action against the state be predicated upon such a statute. An action shall be deemed commenced when the complaint is filed. PROVIDING FOR AN ASSISTANT COMMISSIONER [Chap. XXXIII, Session Laws 1903, p. 37.] AN ACT providing for the appointment and qualification of an Assistant Commissioner of Public Lauds, and declaring an emergency. Be it enacted by the Legislature of the State of Washington: SECTION 1. That the Commissioner of Public Lands may appoint an assistant who shall act as chief clerk in his office, and such assistant shall have power to perform any act or duty relating to the office of Commissioner of Public Lands that the Commissioner has, and, in case of vacancy by death or resignation of the Commissioner of Public Lands, said assistant shall perform the duties of said office until the vacancy is filled. Such assistant shall subscribe, take and file the oath of office provided by law for other state officers before entering upon the performance of his duties. The principal shall be responsible under his official bond for all of the official acts of the assistant, and may revoke such appointment at his pleasure, and may require his assistant to give him a bond in such sum as the principal may determine, which To give bond. bond shall be made, executed, approved and filed as other state official bonds. RELATING TO TIDE LANDS AT CITY OF HOQUIAM. [Chap. XXXIX, Session Laws 1903, p. 43.] Map declared null and void. AN ACT relating to the tide lands of the City of Hoquiam and providing for the platting, appraisement and sale thereof, and declaring void the Harbor Line Commissioner's maps of Hoquiam heretofore filed, and providing for the establishment and leasing of harbor areas therein, and making an appropriation for such purposes, and declaring an emergency. WHEREAS, The Board of Harbor Line Commissioners of the State of Washington, acting under authority of article XV., section 1, of the State Constitution, and the act of the Legislature approved March 28, 1890, entitled "An act to create a Board of Harbor Line Commissioners, prescribing their duties and compensation," attempted to establish harbor lines at the city of Hoquiam, caused surveys to be made and duplicate maps to be made, one of which was filed in the office of the county auditor of Chehalis county, September 6, 1894, and one in the office of the State Land Commissioner September 6, 1894, and, WHEREAS, No monuments of such survey remain and there is irreconcilable conflict between the said maps and the field notes of such survey so that it is now impossible to determine the location of the said harbor lines, and for that reason impossible for the state officers to plat, appraise, sell or otherwise deal with the tide lands in front of said city, thereby depriving the state of revenue therefrom, and preventing purchase or improvement of such of the tide lands or leasing the harbor area at said city to the great detriment of the state, and the residents of said city and the public generally; and, WHEREAS, By reason of the facts aforesaid, harbor lines have never been established in front of said city and the early estab lishment of such harbor lines is necessary in the public interests; therefore Be it enacted by the Legislature of the State of Washington: SECTION 1. The Harbor Line Commissioner's map of Hoquiam harbor heretofore filed in the office of the State Land Commissioner and in the office of the auditor of Chehalis county is |