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47. Objections.

If no objections or claims for damages are filed on or before the first day of the term fixed for hearing the same, the board of county commissioners shall proceed to declare that such road included in said survey is a lawful county road. If objections are made to the establishment of the highway, or claims for damages are filed, three disinterested freeholders shall be appointed to appraise the damages, the report of whom shall be made to the next term of the county commissioners' court. [L. '81, § 4, p. 12.]

48. Damages.

No claim for damages will be allowed to any person who did, upon the original location of said road, receive damages, or who, or whose grantor, applied for, or assented to such road passing over said land, or who, when making settlement upon the tract by him occupied, found the said road in public use and traveled. The apparisers will report any and all acts of the owners of said land or their grantors which show compensation, dedication or assent to such land being used as a public highway. The board may increase, diminish, or refuse to allow any damages; to which order the parties may appeal, within three months. (L. '81, § 5, p. 12.) 49. Power of Commissioners.

In case objection shall be made in writing by any person claiming to be injured by the survey made, the board of county commissioners shall have full power to hear and determine upon the matter, and may, if deemed advisable, order a change to be made. in the survey. Upon the final determination of the board, or in case no objection be made at the term named in the notice of the survey, they shall approve of the same and cause the field notes and plat of the county road to be recorded, as in case of the establishment and alteration of highways, and thereafter such records shall be received by courts as conclusive proof of the establishment and lawful existence of such county road and public highway, according to such survey and plat. [L. '81, § 6, p. 12.]

50. Expenses.

The expenses, incurred by the provisions of this chapter, shall be paid out of the county funds not otherwise appropriated. [L. '81, § 8, p. 12.]

51. Roads May Be Temporarily Fenced.


Whenever any inhabitant of this state shall have his fences removed by floods or destroyed by fire, the county commissioners of the county in which he resides shall have power to grant a license or permit him or her to put a convenient gate or gates across any highway for a limited period of time, to be named in their order, in order to secure him from depredations upon his crops until he can repair his fences, and they shall grant such license or permit for no longer period than they may think absolutely necessary. [L. 71, § 1, p. 103.]

52. Auditor May Issue Permit.

It shall be lawful for the auditor of any county to grant such permit in vacation, but the license shall not extend past the next meeting of the commissioners' court. [L. 71, § 2, p. 104.]

53. Continuance After Expiration of Permit-Penalty.

Any person retaining a gate across the highway after his license shall expire shall be subject to a fine of one dollar for the first day and fifty cents for each subsequent day he shall retain the same, and it may be removed by the road supervisor as an obstruction, at the cost of the person placing or keeping it upon the highway. [L. '71, § 3, p. 104.]

54. Disposition of Certain Road Taxes.

That in all cases where the treasurer of any county in this state has heretofore collected, or may hereafter collect, taxes, penalty and interest levied and assessed for road purposes on the taxable property of any road district, or any portion thereof, which has been included within the limits of any municipal corporation organized subsequently to said road district, said funds realized from said taxes, penalty and interest So collected, or so much thereof as has been collected, from the taxable property within the territory subsequently included in a city or town, which funds shall not have been paid out or expended before the organization of said city or town shall, upon demand of said city or town, be paid over to said municipal corporation,

and shall be applied by the authorities of the same for street purposes. (L. '97, § 1, p. 296.)

55. Expenses Under Invalid Law 1893 to Be Paid.

The boards of county commissioners of the several counties of the State of Washington are hereby authorized to audit and allow without interest all claims against such county for the survey, laying out, or construction of any road now used by the public and for which no compensation has ever been allowed, such survey, laying out, or construction having been made or done pursuant to chapter 98, page 237, of the Session Laws of 1893. (L. '99, § 1, p. 23.)

56. County Commissioners to Accept Rights-of-Way.

The boards of county commissioners in their respective counties in this State are hereby authorized and empowered to accept the grant of rights of way for construction of highways over public lands of the United States, not reserved for public uses, contained in section 2477 of the Revised Statutes of the United States, and said rights-of-way shall not be less than thirty feet in width nor more than sixty feet in width as said boards of county commissioners shall determine and such acceptance shall be by resolution of such county commissioners spread upon the records of their proceedings: Provided, That nothing herein contained. shall be construed to invalidate the acceptance of such grant by general public use and enjoyment, heretofore or hereafter had. (L. '03, § 1, p. 155.)

57. Former Action Ratified.

The action heretofore of boards of county commissioners in their respective counties purporting to accept the grant of such rights-of-way for the construction of highways, is hereby approved, ratified and confirmed and all such highways shall be deemed duly laid out county roads and such boards of county commissioners may at any time by recorded resolution cause any of such highways to be opened and improved for public travel. (L. '03, § 2, p. 156.)


58. Who Are Liable for Poll Tax.

All male persons of this State over twenty-one years of age and under fifty years of age, outside the limits of an incorporated. city or town, unless by the law exempt, shall annually pay a road tax of two dollars, which shall be due and payable in money without exemption whatsoever on the first day of March in each year. All poll taxes shall be paid into the district road and bridge fund for the district in which the same shall be collected.


03, § 1, p. 223.)

59. County Commissioners to Demand Same.

The county commissioners or any poll tax collector they may authorize shall annually, commencing on the first day of March in each year, demand a poll tax from each person liable therefor. (L. '03, § 2, p.223.)

60. Companies to Furnish Lists of Those Liable-Penalty for Refusal.

Any person, firm, corporation or company, or agent thereof, having persons in his or their employ liable to pay a poll tax as herein before provided, shall upon demand duly made by such collector, furnish a list showing the names of all persons so employed, and the wages due and owing to each of such employes, and if the amount of said poll tax be then due it shall be paid at once to the collector by said employer. Any such employer refusing to furnish such list upon demand shall be deemed guilty of a misdemeanor, and upon conviction shall be fined in any sum not exceeding one hundred dollars, and may also be imprisoned in the county jail not exceeding one month. And any payment made by said employer as herein provided shall be a complete defense in any suit or action brought by the employe for such sum or sums. (L. '03, § 3, p. 223.)

61. Collection-How Made.

The county commissioners or any póll tax collector may in the name of the county where any poll tax is sought to be collected, invoke in the collection of such tax any process of civil procedure authorized by law. Public officers of this State shall render any service demanded by the commissioners or any collector duly authorized by them without charge or fee of any kind: Provided, That the county commissioners may allow in the case of public officers who receive their compensation by fees such allowance chargeable against the taxes collected as they may deem just. (L. '03, § 4, p. 224.)

62. Delinquent-A Lien on Real or Personal Property.

Any poll tax due or delinquent shall be chargeable to and shall be a lien from the time such taxes are due and payable on any real or personal property of the person owing the tax. The county commissioners may certify a list of persons from whom poll taxes are due or delinquent to the county auditor who shall extend such list or lists on the tax rolls against the real or personal property of such tax debtor. (L. '03, § 5, p. 224.)

63. Actions May Be Concurrent.

The means or methods provided in this act for the collection of poll taxes, shall be held to be concurrent and any two or more may be presented at the same time. (L. '03, § 6, p. 224.)

64. Division of Counties Into Road Districts.

The board of commissioners of the several counties of this State shall at their regular session next preceding the date of the levy of taxes for the year 1903 divide their respective counties, exclusive of incorporated cities and towns, into not to exceed four road districts for the purpose of this act and shall cause a description thereof to be entered in their records. (L. '03, § 7, p. 224.)

65. Levy of General Road and Bridge Tax.

The boards of county commissioners shall annually, at the time of making their levy for county purposes, levy and certify

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