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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, § 2, p. 20.)

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

In cases where a person or person [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 wharf or landing, whether such interest be a title. in fee simple or as lessee or under contract of purchase or otherwise, and the board of county commissioners shall be unable to agree with the person, persons, firm or corporation claiming such interest or title as to the compensation to be paid for the taking of such strip of tide lands or other lands, then and in that case such board of county commissioners may by an order direct proceedings to procure a right-of-way over said tide lands or other lands to be brought in the Superior Court by the county attorney in the manner provided by law, for the taking of private property for public use, and to that end are hereby authorized to institute and maintain in the name of the county the proceedings provided by the laws of this State for the appropriation of lands and other property by counties for public use. (L. '03, § 3, p. 21.)

TRAMS ON ROADS.

83. Trams on Roads.

The county commissioners of the several counties in this State may grant to persons, companies or corporations the right to build and maintain tram roads upon the public highways under such regulations and conditions as said county commissioners may prescribe. (L. '01, § 1, p. 192.)

84. Space to Be Used.

Such tram road shall not occupy more than eight feet of the public highway upon which the same is built and shall not be built upon the track of travel nor in such a way as to interfere with the public travel upon such public highways: Provided, That nothing contained in this act shall be construed to prevent county commissioners from granting franchises for electric railways upon public highways. (I. '01, § 2, p. 192.)

BICYCLE AND FOOT PATHS.

85. Bicycle Paths on Roads.

The county commissioners of any county may, upon proper application, or where such need exists, set aside and preserve part of any public highway within their jurisdiction for the exclusive use of bicycles and pedestrians. Such reservation shall not be less than four feet in width. (L. '97, § 1, p. 89.)

86. Penalty for Trespass Upon.

Any person or persons willfully trespassing upon any side. path, which shall have been preserved or improved as provided in section one of this act, by driving horses, cattle or wagons thereon, or who shall in any way willfully obstruct or damage such

path shall be guilty of a misdemeanor, punishable by a fine of not less than five ($5.00) dollars nor more than fifty ($50.00) dollars for each and every offense. (L. '97, § 2, p. 89.)

87. Fines Disposed of.

All fines collected under the provisions of this act shall be distributed as follows: One-half of the amount to the common school fund of such county, and the balance, after costs of prosecution have been deducted, shall be paid over to the county treasurer of the county wherein such offense was committed for the benefit of the general road fund of such county. (L. '97, § 3, p. 89.)

88. Repair of Paths.

When a part of any highway has been reserved or set aside by the county commissioners as herein before provided, the improvements of the same shall be done under the direction of the board of county commissioners. (L. '97, § 4, p. 90.)

PUBLIC WORK TO BE PERFORMED IN WORKING DAYS, OF EIGHT HOURS EACH.

89. Eight Hours to Constitute Day's Work.

That it is a part of the public policy of the State of Washington that all work "by contract or day labor done" for it, or any political subdivision created by its laws, shall be performed in work days of not more than eight hours each, except in cases. of extraordinary emergency. No case of extraordinary emergency shall be construed to exist in any case where other labor can be found to take the place of labor which has already been employed for eight hours in any calendar day. (L. '03, § 1, p. 51.)

90. Contracts May Be Cancelled.

All contracts for work for the State of Washington, or any political subdivision created by its laws, shall provide that they may be

cancelled by the officers or agents authorized to contract for or supervise the execution of such work, in case such work is not performed in accordance with the policy of the State relating to such work. (L. '03, § 2, p. 51.)

91. Duty of Public Officers or Agents.

It is made the duty of all officers or agents authorized to contract for work to be done in behalf of the State of Washington, or any political subdivision created under its laws, to stipulate in all contracts as provided for in this act, and all such officers and agents, and all officers and agents entrusted with the supervision of work performed under such contracts, are authorized, and it is made their duty, to declare any contract canceled, the execution of which is not in accordance with the public policy of this State as herein declared. (L. '03, § 3, p. 51.) ·

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TURNPIKE ROADS.

92. Establishing Turnpike Roads.

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That the county commissioners of any county, when they become satisfied that the public interests of their county demand and justify special action for the improvement of the roads therein, may appoint three disinterested freeholders of their county as commissioners, to view, survey and locate one or more roads, beginning at and leading from the county seat of the county, or such other and eligible points as may be deemed proper, and running by such direct and eligible route as they find best for the public convenience, and terminating at any point within or at the county line; but they are not authorized or required to construct or maintain any such road within the corporate limits of the town or city where the county seat is located, when, according to the last federal census, more than one thousand inhabitants are contained in such corporate limits. (L. '90, § 1, p. 612.) ..

93. Specifications.

The roads established and constructed under this act shall be opened not more than sixty nor less than forty feet wide, and at least sixteen feet in width shall be turnpiked with earth so as to drain freely to the sides, and raised with stone or gravel not less than ten nor more than sixteen feet in width, nor less than twelve inches thick in the center, and not less than eight inches at the outer edges of such bed of stone or gravel, well compacted together in such manner as to secure a firm, even and substantial road, but the commissioners may, in their discretion, cause the road to be constructed wholly of earth, plank or timber, when stone or gravel is not accessible to the line of the road; in no case shall the grade of ascent or descent on the road be greater than seven degrees; the road shall be well provided with all necessary side drains, waste-ways and under draining to prevent overflowing or washing by water, and with substantial bridges or culverts at all crossings of water courses; and such roads shall be free to the public for travel. (L. '90, § 2, p. 612.)

94. Surveyor.

The county commissioners may authorize the commissioners by them appointed to call to their assistance a competent surveyor or civil engineer, or both, at their discretion, with the necessary and proper assistance, and lay out, survey and locate such turnpike road through or upon improved or unimproved lands on the best route between the points of beginning and termination, and to obtain by grant, or take propositions for the purchase from the owners of land over which the road will pass, the rightof-way, and to take timber and other materials necessary to the construction and repair of the same. (L. '90, § 3, p. 613.)

95. Right-of-Way.

When said commissioners and the owners fail to agree as to the amount of compensation, or when the owner is unknown, nonresident or incapable of contracting, then the same shall be ascertained and adjusted by proceedings had in the name of the county commissioners under the law providing for the appropriation of private property by corporations; and the commissioners

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