lars [$500.00*], the board of county commissioners shall advertise for sealed bids, said bids to be accompanied by plans, specifications and strain diagrams for the same, said advertisement to be published for three successive weeks in the official newspaper of the county, if a weekly, and twenty days if a daily paper. With each bid shall be deposited a bond, with a penalty equal to ten per cent. of the amount of such bid, conditioned that said bond shall be forfeited to the county if the party making said bid shall fail or neglect to enter into written contract and give the requisite bond within five days from date of award. Upon the day and hour appointed by said board, to receive said sealed bids, the said board shall proceed to open said bids and award the contract to the party whose bid, in their judgment, is the lowest and best. If in their judgment one is required, the said board may appoint a superintendent, whose duty it shall be to superintend the construction of such bridge: Provided, always, That said board of county commissioners, in its discretion, may reject any or all bids. (Rem.-Bal., § 5675.)

72. Notice of Intention to Build.

Whenever the county commissioners of any county or counties desire to erect a bridge on any public highway across a navigable stream, under the provisions of this chapter, said board or boards shall cause to be published a notice in a newspaper of general circulation in the county or counties, if such there be; and if there be no newspaper published in the county or counties, then by posting three notices, one in the locality of the place to be bridged, and two in the most public places in the county or counties; such notice shall contain the name of the stream to be bridged, and the exact point where such bridge is to be erected, and the date when the said board will determine the public necessity for the building of said bridge: Provided, That when such bridge is to be built by two counties, the notice shall be published in both counties. At the time fixed in such notice the board of commissioners shall declare such public necessity by an order of record, which said order shall, in addition to the other facts, prescribe the width of the draw to be made, if any draw shall be considered necessary in such bridge, and also the length of span necessary to permit the free flow of water: Provided, That such bridges

*See $120.

shall be so constructed as not to interfere with, impede or obstruct the navigation of such streams. (L. '91, p. 378, § 3; Rem.-Bal., § 5680.)

Bridges between two counties may be built on such terms as may be agreed upon. See $77.

73. Appeals.

If any person or corporation shall feel aggrieved by the determination of said board an appeal shall be allowed to the superior court of the county, which said court shall have jurisdiction to hear and determine all matters connected therewith. (L. '91, p. 379, § 4; Rem.-Bal., § 5681.)

74. Bridges Free or Toll.

When a bridge shall be built on a navigable stream by one county or two counties it may be absolutely free, or tolls sufficient to pay in whole or in part for the construction and to keep up the repairs thereof, may be charged; the rate to be fixed by the board of commissioners of the county in which the same is located, or if located in two counties, then by the boards of commissioners of the two counties; or, if there be any disagreement between the boards as to imposing or removing tolls, or the rate, the matter in dispute shall be referred to the board of commissioners of some adjoining county for determination; and if the tolls are fixed or removed thereby the same shall take effect on the tenth day from the date of such determination; said determination shall be final, and shall be communicated in writing to the clerks of said boards respectively. (L. '91, p. 378, § 5; Rem.-Bal., § 5682.)

Bridges between two counties may be built on such terms as may be agreed upon. See $77.

75. Bridges, Joint Construction by Counties and Cities.

Any county within the State of Washington, by and through its county commissioners, and any city or town, by and through its legislative body (and the State of Washington), or any two of such bodies, be, and they are hereby authorized to join in paying for the construction of any bridge, trestle, or any structure which crosses any stream or body of water, when such bridge is a connection between any street or county road, or is a connection between any streets that form connections with county roads, when such stream or body of water is within or partly within such city or town: Pro

vided, That nothing in this section shall affect pending suits or actions or rights of parties thereto, but such suits or actions shall be determined as though this act had not been passed. (L. '09, p. 229, § 1; Rem.-Bal., § 5679.)

This section was passed in 1909 as an amendment to the Act of 1901, the amendment having for its purpose extending the right to cities and towns to join. The words "and the State of Washington" were also inserted but the title limits the act only to counties and towns. The act as it relates to the state joining is no doubt unconstitutional. See Constitution, Art. II, §19.

Bridges between two counties may be built on such terms as may be agreed upon. See $77.

76. Cities May Build Bridges.

Nothing contained in this chapter shall be held to prevent cities and towns from erecting and maintaining bridges, either toll or free, within their corporate limits, or granting franchises for that purpose. (L. '91, p. 379, § 6; Rem.-Bal., § 5683.)

77. County Lines.

Where a navigable stream is the boundary line between counties, the boards of commissioners of such counties may join in the construction of a bridge upon such terms as may be agreed upon. (L. '91, p. 378, § 2; Rem.-Bal., § 5678.)

See $838-40, authorizing joint action on roads.

78. Counties to Unite.

Whenever it shall be deemed necessary by the board of county commissioners of any county in this state to erect or repair a bridge over any stream which is a boundary line between two counties, the board of county commissioners of said adjoining counties are hereby authorized to unite for the purpose of erecting or repairing such bridge; and when any person or persons interested shall apply in writing to the board of county commissioners of either of the counties interested, such board shall proceed to appoint three viewers, who shall, after being first sworn to well and faithfully perform their duties as such viewers, proceed to view the bridge proposed to be repaired, or the site designated for such new bridge, and make an estimate of the cost of such repairs or erection, and of their proceedings make due report to the commissioners, together with a plan and specification of such new bridge, or a statement of proposed repairs. If the board shall decide to appropriate the amount necessary for its erection or repairs,

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they shall submit such estimate of costs, together with the plan of such bridge, or statement of repairs, to the county commissioners of the other county interested; and if said commissioners shall approve the same and agree to defray one-half of the whole sum estimated or appropriated, together with the one-half of the necessary cost of view, then the board of county commissioners, to which application was first made, shall proceed to appoint a superintendent, and build said bridge, or make said repairs, as provided for in this chapter, the one-half of the whole costs and expenses of which shall be a legal claim against, and be paid by said adjoining county. (Rem.-Bal., § 5676.)

This section is probably superseded by §§75 and 77.

79. Rules for Use of Bridges.

The county commissioners of the several counties in this state be authorized and required to pass such rules and regulations as will protect the bridges within their several counties, and preserve them from destruction or injury by fast riding, driving, and neglect: Provided, That this chapter shall not be so construed, as to affect or extend to any bridge located within the limits of any incorporated town in said state. (Rem.-Bal., § 5684.)

80.

Penalty for fast riding or driving. See $308.

Counties authorized to make certain regulations. See Art. XI, §11 of Const., supra, Notice of Rules.

It shall be sufficient notice for the purposes of this chapter to have a written or printed notice posted upon or near any bridge, prohibiting fast riding or driving, and giving the amount of the fine for the violation of such rule. (Rem.-Bal., § 5685.)

81. Fines.

All fines assessed pursuant to the provisions of this chapter, may be collected by any citizen, upon complaint made to any justice of the peace in the county in which the bridge is located, and said fine shall go into the school fund of the county. (Rem.-Bal., § 5686.)

CHAPTER IV.

WHARVES AND LANDINGS.

82. Power of County Roads-Where to Begin.

The board of county commissioners of each county in this state is hereby authorized to build and maintain, when in their judgment the convenience of the public so requires, wharves and landings on the shores of any navigable waters or water courses within or bordering upon "their respective counties and not included within the limits of tide or shore lands of the first class." Said wharves or landings to begin at the point of termination of a county road at or near the shore of such navigable waters or water courses, and to extend so far into said waters or water courses as the convenience of shipping may require. (L. '03, p. 20, § 1; Rem.-Bal., § 8114.)

83. State Board May Grant Easements-When.

In cases where the board of county commissioners shall determine to build, construct and maintain wharves or landings as aforesaid over and across tide lands of the second class owned by the State of Washington, the board of state land commissioners are hereby authorized to grant an easement to the county for so much of said tide land as may be necessary for right-of-way purposes: Provided, That a duly attested and sworn copy of the plat made by the county surveyor shall first be filed with the board of state land commissioners, together with a petition of the board of county commissioners setting forth the reasons for the same; and the aforesaid plat, when approved by the board of state land commissioners, shall be and form the official plat of said right-of-way and shall be filed in the office of the commissioner of public lands, and the said plat shall show the amount of land embraced in the proposed right-of-way and the location of the same relative to at least two of the corners of the public land survey. (L. '03, p. 20, § 2; Rem.-Bal., § 8115.)

Right-of-way over state land. See $23.

84. To Secure Right-of-Way Over Private Property.

In cases where a person or persons, firm or corporation has acquired a right, title or interest in and to the tide lands or other lands over which it is proposed to build, construct or maintain such