58. Costs.

The clerk of the board of county commissioners shall make a statement in writing of all costs and expenses incurred in the proceedings and file the same with the county treasurer who shall proceed to collect the same. (L. '01, p. 191, § 5; Rem.-Bal., § 5670.)

59. Method Exclusive.

No public road or highway or part thereof shall be vacated or cease to be a public highway until so ordered by the proper board of county commissioners, or by operation of law, or judgment of a court of competent jurisdiction. (L. '01, p. 191, § 6; Rem.-Bal., § 5671.)

The passage-ways for stock under any road shall be covered with suitable plank, not less than sixteen feet in length, and it shall be lawful for the fences of either side to converge to the bridge over said passage-way. The said passage-way shall be kept securely covered by the person who owns the adjoining lands, and shall be kept in repair by said owner. The approaches to the bridges over said passage-ways shall also be kept in good repair by said owner. (L. '86, p. 103, § 2; Rem.-Bal., § 5649.)

See Easements, chapter XIX, §§264-273.

61. Ditches Across Highway to Be Bridged.

Any person constructing a ditch, wherever the same be taken across any public highway, shall put a good substantial bridge, not less than sixteen feet in breadth, over such water course where it crosses said road, which said bridge shall be constructed within three days after any ditch has been constructed across any highway, and in case any bridge is not so constructed within the time named by the owners thereof, it shall be the duty of the supervisors of the road district wherein said crossing is situated to put a bridge over said ditch of the dimensions specified in this section, and call on the owner of the ditch to pay the expenses of constructing such bridges; and if the owner of such ditch refuse to pay the said expense, the said supervisor may go before any justice of the peace and make oath to the correctness of the bill, and that the owner of the ditch refuses pay

ment thereof, and thereupon such justice of the peace shall issue a summons against such owner, requiring him to appear and answer to the complaint of such supervisor in an action for the amount due, such summons to be made returnable, and such proceedings to be had and taken thereon as in other cases. And in case judgment shall be given against such owner, the justice of the peace shall assess, in addition to the amount due for the building of said bridge, the sum of ten dollars as damages, arising from the delay of such owner; said judgment to be collected as in other cases, and to be a fund in the hand of the supervisor of roads for such district for the repairs of roads therein, except the ten dollars damages, which shall go to the supervisor to pay him for his trouble and expense in collecting the cost of said bridge. (L. '90, p. 711, § 21; Rem.-Bal., § 6345.)

All moneys to be paid to county treasurer. See Constitutional Provisions, Art. XI, $15.

See Easements, chapter XIX, §§264-273.

62. Grade Crossings Abolished.

That all railroads and extensions of railroads hereinafter constructed within the State of Washington shall cross all established and existing railroads and established and existing highways by either passing over or under such highways and railroads and shall not cross the same at grade without first obtaining the consent of the railroad commission of Washington permitting the same to be done, and all highways and extensions of highways hereafter laid out and constructed shall cross railroads by either passing over or under such railroad and shall not cross at grade without first obtaining the consent of such commission authorizing the same to be done. (L. '09, p. 618, § 1; Rem.-Bal., § 8733.)

Railroad Commission is now known as the Public Service Commission. 1911, ch. 117, §107.

63. Petition for Grade Crossing.

See Laws

Whenever any railroad company desires to cross any established and existing highway or railroad at grade, it shall file with the railroad commission of Washington its petition in writing setting forth the objections and difficulties to making such crossing either above or below the grade of such highway or railroad; and whenever the county commissioners of any county or the municipal authorities of any city or town desire to lay out or extend any highway over and across any established and existing railroad at grade, they shall file

with the railroad commission of Washington their petition in writing setting forth the objections and difficulties of making such crossing either above or [below] the grade of such railroad. On receiving such petition it shall be the duty of the railroad commission to immediately investigate the same, notifying the railroad company and the county or municipality affected thereby of the time and place of such investigation, to the end that all parties interested may be present and heard at such investigation. The evidence introduced shall . be reduced to writing and filed by the commission. If the commission finds that it ought not to require such highway or railroad to be so constructed as to cross above or below the grade of the existing railroad or highway, it shall by resolution filed in the cause and duly entered upon its minutes, grant the right and privilege to construct such railroad or highway across such established railroad or highway at grade. The commission may in its discretion provide that such railroad shall, before operating its trains over any established highway or at any subsequent time, install and maintain proper signal, warnings, gates or other devices to warn and protect the public, and it may also require such railroad before operating its trains over and across such established railroad at grade, or at any subsequent time, to install and maintain proper interlocking devices and gates or flagmen to protect the traveling public and railroad employees, and may order the installation and maintenance of proper signals, warning, gates or other devices to warn and protect the public, before granting permission for such highway to be constructed across said established railroad at grade. The cost and expenses of such installation shall be apportioned by the railroad commission in such manner as shall be just and equitable under the circumstances surrounding each (L. '09, p. 618, § 2; Rem.-Bal., § 8734.)

case.

64. Cities of First Class Excluded.

This act shall not be construed as applying to highways and railroads in cities framing their own charters. (L. '09, p. 619, § 3; Rem.-Bal., § 8735.)

*This act refers to §§62-64.

CHAPTER II.

ROAD MATERIAL AND MACHINERY.

65. Acquisition of Quarries.

The board of county commissioners of any county of this state may, out of the general road and bridge fund, acquire, by gift, purchase or condemnation, quarries of suitable road-building material and land containing deposits of suitable road-building gravel. In the event the county commissioners shall deem it expedient to acquire by condemnation, quarries of suitable road-building material or land containing deposits of suitable road-building gravel as contemplated by this chapter, then and in such case the proceedings to be taken shall be in accordance with the provisions of chapter I supra providing for viewing, laying out, surveying and establishing county roads so far as such provisions shall be applicable: Provided, however, That the board of county commissioners of any county, in the name of such county shall have the power to commence proceedings under and pursuant hereto, of its own initiative and without the petition of any freeholders. (L. '09, ch. 17, § 1, Ex. Sess.; Rem.-Bal., § 5603.)

State quarries. See $8362-369.

66. Condemning Gravel Beds and Stone Quarries.

Counties shall have the right in the manner provided for in this chapter, to condemn land or other property for the purpose of securing gravel beds, stone quarries or other material suitable for the construction, building or repair of county roads, and shall have the right to condemn the right-of-ways to reach such property and to gain access thereto. The proceedings shall be the same as provided for herein for the establishment and condemnation of county roads. (L. '11, ch. 54, § 9.)

Said board of county commissioners are also authorized to purchase and operate, out of the general road and bridge fund, or district road fund, rock-crushing appliances and machinery, and all crushed rock and gravel not directly used or needed by such county in the construction, alteration, repair or maintenance of county roads may be

sold at actual cost of production by said county commissioners to any person, firm or corporation, to be only used, however, in the construction, alteration, repair or maintenance of county roads, or used in the construction, alteration, repair or maintenance of any street or streets of any city or town in said county which directly connect with any county road: Provided, however, That the board of county commissioners of any county may sell and dispose of any surplus crushed rock or gravel at actual cost of production to any city or town of such county, to be used in the construction or improvement of any street, parkway, boulevard or public place of such city or town. (L. '07, p. 24, § 2; Rem.-Bal., § 5604.)

68. Funds to Be Re-Imbursed.

All proceeds of sale of crushed rock or gravel shall be paid into the general road and bridge fund or district road fund depending upon whether such quarries or gravel beds have been acquired and operated out of said respective funds. (L. '07, p. 24, § 3; Rem.-Bal., § 5605.)

The power to erect bridges on public highways across navigable streams in this state is hereby granted to the board of county commissioners of this state, under the restrictions of this chapter. (L. '91, p. 378, § 1; Rem.-Bal., § 5677.)

In counties having township organization supervisors to have charge of bridges. See $125.

70. Road Money May Be Used on Bridges.

The board of county commissioners of the several counties in this state are hereby authorized to apply, in their discretion, any road money in the county treasury, not otherwise appropriated, toward defraying the expenses of building or repairing bridges on any of the county roads within their respective counties. (Rem.-Bal., §5674.)

How expended. See §120.

71. Bids.

Whenever any bridge is to be built, by any county in this state, the estimated cost of which shall exceed the sum of two hundred dol