Vail v. McGuire

Citations

• 50 Wash. 187
• 96 P. 1042
• 1908 Wash. LEXIS 691

Syllabus

<p>Evidence — Judicial Notice — Geographical Facts. The court will take judicial notice that the Snohomish river is a tributary to Puget Sound, and of the ebb and flow of the tide below the city of Snohomish.</p> <p>Fish — Puget Sound — Estuaries—Fishing Locations — Statutes —Application. Fishing locations within the ebb and flow of the tide in Snohomish river are in the waters of Puget Sound, within our statutory definitions of Puget Sound, which include all portions of tide waters emptying into the Straits of Fuca, and the bays, inlets, streams, and• estuaries thereof (Bal. Code, § 7381) or emptying into the bays and estuaries thereof (Bal. Code, § 3343); an estuary being that portion of the lower course of a river subject to tides.</p> <p>Same — Fisheries—Locations—Requisites—Surveys—Rights Acquired. Laws 1895, p. 255,. § 2, requires that an accurate survey and map be prepared and filed of set-net fishing locations in the waters of Puget Sound, and a locator failing to comply with the provisions of the statute is not entitled to an injunction to protect his location, as the same constitutes such property as may be held only by continued compliance with statutory regulations.</p>