All public money to be deposited with treas

urer.

Sec. 15. All moneys, assessments and taxes belonging to or collected for the use of any county, city, town, or other public or municipal corporation, coming into the hands of any officer thereof, shall immediately be deposited with the treasurer, or other legal depositary, to the credit of such city, town, or other corporation respectively, for the benefit of the funds to which they belong.

Cited: 4 W. 154; 35 W. 503; 37 W. 14.

County roads shall be laid out and established by order of the county commissioners of the proper county in the manner hereinafter provided. (L. '11, ch. 54, § 1.)

2.

Powers of county commissioners, generally. See §§88-89.

Control of roads and bridges in counties having township organization. See $125.

Resolution to Establish.

When deemed advisable that a road be established, the board of county commissioners shall, at a regular meeting, by unanimous vote pass a resolution and enter same on the minutes of the board, which resolution shall describe the terminal points of such proposed road and the width and general course of same. The resolution need not set forth the manner of construction, the cost, nor describe the several tracts or parcels of land through which the same shall run. The resolution shall declare that the laying out and establishment of the road is considered a public necessity and shall direct the county engineer to make an examination of the proposed route of said road as hereinafter provided. (L. '11, ch. 54, § 2.)

This supersedes §§5623-5624, Rem.-Bal.

3. Petition of Householders.

In addition to the method hereinabove provided, ten or more householders of the county residing in the vicinity of a proposed road may petition the board of county commissioners for the establishment of such road. Such petition shall describe the terminal points of said road and the general course of same. (L. '11, ch. 54, § 4.)

Petition for permanent highways. See $143; improved roads, $200; local, improved, $216. Petition for changing road. See $36.

If the board of county commissioners so order the petition shall be accompanied by a bond in the penal sum of three hundred dollars ($300) payable to the county, executed by one or more persons as principal or principals, with two or more sufficient sureties, and conditioned that the petitioners will pay into the county treasury the amount of all costs and expenses incurred in examining and surveying the proposed road and in the proceedings in case the road shall not be established, or in case the application is for the purpose of changing the road for the benefit of the land owner or owners, and no such change shall be made until such cost bill has been paid and the road graded. When the cost is assessed against the principal petitioner, the clerk of the board of county commissioners shall file the cost bill with the county treasurer, who shall proceed to collect the same. Before considering the petition the board may require the petitioners to secure waivers for the right-of-way from the land owners, and, in such case, before an examination or survey is ordered, the waivers shall be filed with the board of county commissioners. (L. '11, ch. 54, § 5.)

Upon the filing of said petition and said bond, if required, the board of county commissioners shall examine and approve same and if found sufficient shall direct the county engineer to make an examination and survey, as provided for in section seven (7). (L. '11, ch. 54, § 6.)

Road on section line, survey may be dispensed with. See $13.

6. Engineer to View Proposed Road.

The board when in session, shall consider such petition and bond, and if not rejected they shall, if such petition contains substantially the matters and things required by law, and that the said bond is sufficient, file said petition, bond and waivers with the county surveyor [engineer]* (who shall make examination and if necessary, a survey of the proposed road. If, however, after an examination he deem the same impracticable he may so report to the board of county commissioners without a survey, or he may examine or survey any other

*See $101.

route which would subserve the same purpose and make a report thereon.) (L. '01, p. 201, § 2; Rem.-Bal., § 5627.)

(The part in parentheses is superseded by the next section, q. v.)

This section repealed §5 of chapter 50, Laws '95, which provided for the appointment of viewers: State ex rel. Padgett v. Superior Court of Pierce County, 47 W. 11; 91

Pac. 241.

Road on section line may be established without survey. See $13.

Failure of engineer to perform duty. See $198.

7. Engineer to Examine and Survey.

The county engineer shall make an examination of the proposed route of such road and, if necessary, a survey of same. If, however, after an examination, he deems the same to be impracticable, he may so report to the board of county commissioners without making a survey, or he may examine or survey any other route that would subserve that purpose, and make a report thereon. (L. '11, ch. 54, § 3.)

In selecting the route the surveyor shall take into consideration the general road system, the grade, cost of construction, maintenance, utility, convenience, inconvenience, and expense which will result to individuals as well as to the public, if such road shall be established, and opened or changed. He shall as far as possible, cause notice of the route of the road as far as surveyed to be given to each resident owner, lessee, occupant or owner's agent of lands over which said road passes. He shall receive from each person interested in such land, who will give the same, a statement in writing signed by such person and file the same with his report, and (1) consenting that such road shall be established as surveyed and waiving all claims to damages on account thereof; or (2) claiming damages on account of the establishment or opening of such road, and specifying the amount so claimed. (L. '01, p. 201, § 3; Rem.-Bal., § 5628.)

If a survey is made of the proposed road the surveyor shall file a correctly prepared map of said road laid out and surveyed, which map must show the tracts of land over which said road passes, with the name of the owner, if known, of each tract written thereon, and the surveyor shall also file therewith his field notes of such survey. (L. '01, p. 203, § 6; Rem.-Bal., § 5631.)

Profile maps to be prepared-§102.

1

When the examination or survey is completed the surveyor [engineer] shall report in writing to the board of county commissioners (1) his opinion as to the necessity of the road, and whether the same ought to be established and opened; (2) the terminal points, general course and length of the road; (3) his recommendation as to the width of the proposed road; (4) the names of persons interested in lands over which the proposed road passes, who consent to the establishment of the same, and waive all claims to damages; (5) the names of all persons interested in said lands who refuse their consent, and the amount of damages claimed by each; (6) an estimate of damages to each tract of land of non-consenting persons interested in such tract of land, and in determining such damages it shall be the duty of the surveyor to estimate the benefits and damages accruing to any person by reason of establishing or changing such road, and the sum estimated as benefit must be deducted from the sum estimated as damages for the amount of damages to such person or land; (7) a description of each tract of land over which such road passes, with the name and place of residence or address of the owners, lessees, claimants or incumbrancer if known, of each of said tracts of land, and the quantity of area of land to be taken from each of said tracts; (8) the probable cost of the construction of the road, including all necessary bridges, culverts, clearing, grubbing and grading; (9) such other facts, matters and things as he may deem of importance to be known by the board of county commissioners. (L. '01, p. 202, § 4; Rem.Bal., § 5629.)

Profile maps to be made. See §102, infra.

11. Waiver of Damages.

The surveyor shall file with his report the written consent and waivers of claims to damages by persons interested in the lands affected by the establishment of said road, and the claims for damages procured as provided in this chapter. (L. '01, p. 203, § 5; Rem.-Bal., § 5630.)

Board may require petitioners to file waivers. See $4.

12. Hearing on Report.

The board of county commissioners, at their next meeting after the filing of the report of the viewers [engineer]*, or at the time when the

*The county engineer takes the place of viewers. See note to §6, supra.