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; P. C., §8951a.)

174. State Board May Grant Easements-When.

In cases where the board of county commissioners shall determine to build, construct and maintain wharves or landsings 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; P. C., $8951b.)

175. 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, p. 21, §3; P. C., §8951c.)

176. Private Wharf.

Whenever any person shall be desirous of erecting any wharf at the terminus of any public highway, or at any accustomed landing place, he may apply to the county commissioners of the proper county, who, if they shall be satisfied that the public convenience requires said wharf, may authorize the same to be erected and kept for any length of time not exceeding twenty (20) years. And they shall annually prescribe the rates of wharfage and charges thereon, but there shall be no charge for the landing of passengers or their baggage.

(2) No such authority shall be granted a person other than the owner of the land where the wharf is proposed to be erected, unless such owner shall neglect to apply for such authority; and whenever application shall be made for such authority by any person other than such owner, the board of county commissioners shall not grant the same unless proof shall be made that the applicant caused notice in writing of his intention to make such application, to be given by posting up at least three notices in public places in the neighborhood where the proposed wharf is to be erected and one notice at the county court house, twenty days prior to any regular session of the board of county commissioners at which application shall be made and by serving a copy of said notice in writing upon such owner of the land, if residing in the county, at least ten days before the session of the board of county commissioners at which the application is made.

(3 When such application is heard, if the owner of such land applies for such authority and files his undertaking with one or more sureties to be approved by the county commissioners in a sum not less than one hundred dollars nor more than five hundred dollars, to be fixed by the county commissioners,

conditioned that such person will erect said wharf within the time therein limited, to be fixed by the county commissioners, and maintain the same and keep said wharf according to law; and if default shall at any time be made in the condition of such undertaking damages not exceeding the penalty may be recovered by any person aggrieved before any court having competent jurisdiction, then said county commissioners shall authorize such owner of the land to erect and keep such wharf.

(4) If such owner of the land does not apply as aforesaid the commissioners may authorize the same to be erected and kept by such applicant upon his entering into an undertaking as required of such owner of the land. (L. '93, p. 77, §1; B. C., $4076; P. C., §8949.)

176a. Guard Rails on Wharves.

All wharves now standing, or hereafter to be built, in this state, shall be deemed insufficient, incomplete, and unfinished unless they have good and substantial banisters or railing on the sides thereof, or a strip of hewn timber at least eight by ten inches square, well secured all around said wharves within ten inches of the outer edge thereof, except at the ends. (B. C., $4078; P. C., §8951.)

177. Dikes Along Highway.

In the construction of any diknig system under the provisions of this act, where it is desired to construct the same along the right-of-way of any public road which has theretofore been legally established, said district shall have a right to construct its dikes along such road: Provided, That the dikes so constructed along such road shall not destroy or impair the same for the use of the public convenience as a public highway; and in case of the construction or improvement of any dike along any public highway, such dike shall be constructed of sufficient width and in such manner as will be conducive to the public as a public highway. (L. '95, p. 323, §25; B. C., §3697; P. C., $4506.)

CHAPTER X.

LAW OF TRAVEL ON PUBLIC HIGHWAY.

178. Turn to Right.

Whether any persons driving any vehicle shall meet on any public highway in this state whether owned or kept by a corporation or private person, the persons so meeting shall seasonably turn their vehicles to the right of the center of the road, so as to permit each vehicle to pass without interfering with or interrupting the other. (L. 79, p. 67, §66; B. C., $3763; P. C., §8045.)

179. Damages.

If any person shall willfully violate the provisions of this chapter, he shall forfeit and pay the sum of five dollars for every such violation, to the party injured, to be recovered by a civil action, and such further damage in the same action as such party may directly sustain by reason of such violation. (L. '79, p. 67, §67; B. C., §3764; P. C., §8046.)

180. Employer Liable.

Whenever any person driving a vehicle, who shall violate the provisions of this chapter, is at the time in the employ of another, such other person is liable for the penalty herein provided, the same as if he were the driver of such vehicle at the time of such violation; but an election to sue the driver or employer is a bar to an action against the other. (L. '79, p. 67, $68; B. C., §3765; P. C., §8047.)

CHAPTER XI.

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

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. p. 51, $1; P. C., $5978g.)

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, p. 51, §2; P. C., §5978h.)

183. 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 cancelled, the execution of which is not in accordance with the public policy of this state as herein declared. (L. '03, p. 51, §3; P. C., §5978i.) 184. Eight Hours Shall Constitute a Day.

Hereafter eight hours in any calendar day shall constitute a day's work on any work done for the state or any county or