Penalty. Damages recovered, when. mills unless each and every knot saw used in such shingle mill or shingle mills is protected by a metallic saw guard, so constructed as to insure a reasonable amount of safety to any person or persons engaged in the occupation of knot sawyer or knot sawyers. SEC. 2. That any person or persons or any corporation owning or operating any shingle mill or shingle mills in the State of Washington, that shall operate such shingle mill or shingle mills, or permit such shingle mill or shingle mills to be operated without having a metallic saw guard provided for each and every knot saw used in such shingle mill or shingle mills shall, for each day that such shingle mill or shingle mills is operated without having a metallic saw guard provided for each and every knot saw used in such shingle mill or shingle mills, be liable in the penal sum of one hundred dollars ($100), to be recovered in civil action by any party bringing suit therefor against such party or parties violating the provisions of this act. SEC. 3. That in all actions against any person or persons or corporation engaged in operating any shingle mill or shingle mills in the State of Washington, for injuries received from any knot saw used in such shingle mill or shingle mills, it shall be prima facie evidence of negligence on the part of the defendant to show that such knot saw causing the injury was not at the time of receiving the injury complained of properly protected by a metallic saw guard: Provided, That if any knot sawyer shall remove any such guard after the same has been placed in position, and while the same is removed receive injury, he shall not be entitled to receive damages for any such injuries. Passed the house February 14, 1895. CHAPTER XXIII. [H. B. No. 119.] LIMITING NUMBER OF BALLOTS TO BE PROVIDED AT ELECTIONS. AN ACT to amend section 18 of an act entitled "An act providing for printing and distributing ballots at public expense and to regulate voting at state and other elections," approved March 19, 1890, the same being section 380 of volume 1 of Hill's Annotated Statutes and Codes of Washington. Be it enacted by the Legislature of the State of Washington: SECTION 1. That section 18 of an act entitled "An act providing for printing and distributing ballots at public expense and to regulate voting at state and other elections," approved March 19, 1890, the same being section 380 of volume 1 of Hill's Annotated Statutes and Codes of Washington, be and the same hereby is amended so as to read as follows: Sec. 18. The clerk of the board of county commissioners of each county shall provide, for each election precinct in the county, two ballots for every elector registered in the precinct. If there is no register in the precinct, the clerk of the board of county commissioners shall provide ballots to the number of two for each elector who voted at the last preceding election in the precinct: Provided, That if he has reason to believe that there has been an increase in the number of electors in any precinct where there is no register, he shall provide for such precinct the number of ballots double the estimated number of electors in such precinct: And provided further, That in municipal elections it shall be the duty of the municipal clerk to provide ballots as specified in this section. Passed the house February 14, 1895. Duplicate records kept. Lines of survey. CHAPTER XXIV. RELATIVE TO OYSTER PLANTING. AN ACT providing for the sale and purchase of tide lands of the third class and the manner of conveying the same for the purposes of oyster planting, to encourage and facilitate said industry, and declaring an emergency. Be it enacted by the Legislature of the State of Washington: SECTION 1. It shall be lawful for any person who is entitled to purchase tide lands pursuant to the act of March 26, 1890, as being an occupant of land planted with oysters, to survey or cause to be surveyd at his own expense, the land that pursuant to said act he is entitled to purchase, not exceeding one hundred acres in area:. Provided, That the party making application to purchase under the provisions of this act shall accompany such application with a certificate under oath to the effect that lands purchased under the provisions of this act shall be used for oyster planting purposes only. SEC. 2. Survey and description in duplicate of such tract shall be subject to the direction, oversight and approval of the board of state land commissioners, and one description of said tract as surveyed shall be filed with and be recorded by the county auditor of the county in which said tide lands are situated, in a book kept by him for such especial purpose, and a duplicate description in the office of the commissioner of public lands. SEC. 3. The survey of such lands, as provided in the foregoing sections of this act, may not be required to follow the lines of United States government survey, but may follow the direction of the oyster beds actually occupied by the party proposing to purchase the same; the persons entitled to purchase such oyster beds under the provisions of this act may purchase the same at the rate of one dollar Price per acre, and twenty-five cents per acre, one-fourth of which price shall be paid at time of making such purchase, and the remaining three-fourths in three equal annual payments, each of which sums shall draw interest at the rate of eight per cent. per annum, the unpaid portion re and how sold. maining as a lien upon said land until all payments shall be made in full, and the purchaser shall thereupon be entitled to a deed to the same; said deed shall be executed by the governor, attested by the secretary of state with the seal of the state thereunto attached, which deed shall contain the conditions of defeasance in this act provided. SEC. 4. Any person having the right to purchase such Prior right. tide lands as provided by this act, and being an actual occupant of the same, shall have the prior right to purchase for a period of six months from and after the passage of this act and its being signed and approved by the governor. to purchase, claimant. SEC. 5. Upon the filing of a description of the survey of Application such land, as provided for by the foregoing sections of this notice of. act, the person or persons having occupied or desiring to occupy such lands as described in section one of this act, may file with the commissioner of public lands an application to purchase said lands, together with a description of the lands applied for, by metes and bounds, and upon the receipt of the same the commissioner of public lands shall, at the expense of the applicant, publish, or cause to be published, for three successive weeks in any newspaper of general circulation printed and published in the county where such lands are situated, a notice of such application to purchase, giving therein a description of lands applied for. During the next thirty days following the last publication Adverse of said notice, any person claiming a prior right to purchase such tide lands may file with the commissioner of public lands a contest for the purpose of establishing a prior right to purchase, or, upon petition of ten citizens who shall be residents of the county wherein such lands are situated, a contest may be filed as hereinbefore provided, and such contest shall be upon the right of applicant to purchase, as provided in the foregoing sections of this act. If the party making contest shall fail to establish a prior right to purchase, said party shall be liable for the costs resulting direct from such contest, except private attorney fees, and the sum of such costs shall be paid by such contestant into the state treasury department, and, upon such payment being made, shall be entitled to a receipt for the same. Persons authorized to purchase. Abandoned oyster lands, how purchased. SEC. 6. This act shall in no manner apply to the provisions of the act of March 26, 1890, providing for the appraisal and disposition of tide and shore lands in the State of Washington except as far as it relates to lands actually used or to be used for the purpose of oyster planting. SEC. 7. Any person desiring to purchase tide lands for the purposes of oyster planting may purchase tide lands of the third class not included in any natural oyster beds or any reserve pursuant to the provisions of this act, in subordination to any preëmption right confirmed by said act of March 26, 1890. Nothing in this act shall be construed so as to effect [affect] the preference rights of shore or upland owners, or improvers, as conferred by the provisions of said act or other provisions of law. SEC. 8. No person shall be entitled, directly or indirectly, to the privileges of this act who is not an actual resident and citizen of the United States and State of Washington, and no person not a citizen of the State of Washington shall be competent to acquire deeds to any lands sold by the state under the provisions of this act: Provided, That any citizen of the United States and not a citizen of the State of Washington, or any corporation organized under the laws of any other state other than the State of Washington that has planted and cultivated and planted in oysters any tract or tracts or parcels of such lands for the period of five years next preceding January 1, 1895, shall have the exclusive right to purchase such tract or tracts or parcels of land so planted and cultivated as aforesaid, but not exceeding one hundred acres in the aggregate, such prior right to be within six months after the approval of this act. And failure to make application to purchase said lands within said six months by such person or corporation shall forfeit the right hereby granted to such person or corporations to purchase any such lands. SEC. 9. If from any cause any tract or tracts, parcel or parcels of land purchased under the provisions of this act shall become unfit and valueless for the purposes of oyster planting, the party having so purchased and being in the possession of the same may upon certifying such fact under |