municipality within the state, subject to conditions hereinafter provided. (L. '99, p. 163, §1; P. C., §5979.) This and the next two succeeding sections were enacted in 1899, and at time of passage of the Act of 1903, §§181 to 183, supra, were deemed in contravention of the United States constitution. Later it was held otherwise. State v. Davis, 43 Wash. 116. 185. All Public Work Included. See All work done by contract or sub-contract on any building or improvements or works on roads, bridges, streets, alleys or buildings for the state or any county or municipality within the state, shall be done under the provisions of this act: Provided, That in cases of extraordinary emergency such as danger to life or property, the hours for work may be extended, but in such cases the rate of pay for time employed in excess of eight hours of each calendar day, shall be one and one-half times the rate of pay allowed for the same amount of time during eight hours' service. And for this purpose this act is made a part of all contracts, 'sub-contracts or agreements for work done for the state or any county or municipality within the state. (L. '99, p. 163, §2; P. C., 5980.) 186. Penalty. Any contractor, sub-contractor, or agent of contractor or sub-contractor, foreman or employer who shall violate the provisions of this act, shall be deemed guilty of misdemeanor and upon conviction shall be fined in a sum not less than twenty-five dollars nor more than two hundred dollars, or with imprisonment in the county jail for a period of not less than ten days nor more than ninety days, or both such fine and imprisonment, at the discretion of the court. (L. '99, p. 163, §3, P. C., §5981.) CHAPTER XII. ROAD DISTRICTS AND OFFICERS. 187. Road Districts. The board of county commissioners shall, as often as they deem it necessary, but not oftener than once each year, divide their respective counties or any part thereof into suitable and convenient road districts, not exceeding twenty-four in number, and cause a description thereof to be entered upon the county records: Provided, That the size and form of each road district shall be such as to permit personal oversight and management by one road supervisor. (L. '07, p. 679, §1.) 188. Supervisors Appointed. The board of county commisioners shall appoint from among the qualified electors in each road district, for such time as they may determine, with compensation not to exceed four dollars per diem for time and labor actually performed, a road supervisor who shall enter into a bond satisfactory to the commissioners: Providing, however, That when any road district has good roads association, then such road overseer shall be appointed from a list furnished by such association. (L. '07, p. 680, §2.) NOTE: "Sec. 4. This act (§§187 and 188) shall not take effect until the first Monday in January, 1908, except that the county commissioners, shall at the time of making the general tax levy in 1907, make the levy for the road and bridge tax provided for in §203." (L. '07, p. 680, §4.) See $210 and note. 189. Duties of Road Supervisors. It shall be the duty of the road supervisor, under the direction of the county commissioners, to keep the roads and bridges in his district in as good repair as the funds available will allow, and keep all roads open for travel at all times, and make a detailed monthly report of all work performed in his district during the previous month to the board of county commissioners; examine and certify all bills for labor and material in his district; and perform such other duties as may be required by the commissioners for the proper maintenance of the highways. (L. '03, p. 225, §13; P. C., §7909.) Duties as to noxious weed-§236, et seq. May change location of road destroyed-§42. 190. Supervisor to Inform Against Violations. It shall be the duty of road supervisors to make complaint in all cases which shall come to their knowledge of a criminal violation of the laws relating to roads and highways. * (B. C., §7219; P. C., §1731.) 191. Malfeasance or Misfeasance. Any officer who shall willfully and knowingly violate or refuse to perform the duty imposed by section 190 shall be guilty of a misdemeanor, and on conviction thereof, be punished by a fine of not less than one hundred dollars nor more than five hundred dollars, or by improsinment in the county jail for not less than one month nor more than six months, or by fine and imprisonment, in the discretion of the court having jurisdiction thereof. (B. C., $7220; P. C., §1732.) Penal provisions generally, see chapter 21. 192. Removal From Office. A conviction of any officer, under the foregoing section, shall operate as a vacation of the office of the officer so convicted, and the office so vacated shall be filled in accordance with law. (B. C., $7221; P. C., §1733.) 193. Misfeasance. If any supervisor of roads fail to keep the highways and bridges in his road district in as good repair as the available labor or other means of such district will enable him to do, or fail to discharge any other duty required of him by law, he shall, on conviction thereof, be fined in any sum not exceeding two hundred dollars, and upon prosecution for neglecting to keep a highway in good repair, it shall be sufficient to prove that such highway is commonly reputed as such. (B. C., §7296; P. C.. $1762.) Penal provisions generally, see chapter 21. CHAPTER XIII. SURVEYOR. 194. Election of Surveyor. The county surveyor of each organized county shall be elected at the general election for the term of two (2) years, and shall give bond to the people of this state in the penal sum of two thousand dollars, with two sureties to be approved by the county commissioners, conditioned for the faithful and impartial discharge of the duties of his office. (L. '95, p. 135, §1; B. C., $490; P. C., §4211.) Surveyor to be called "county engineer"-§§196-199. To examine proposed roads-§8. Duties in selecting route-89. To re-survey roads, when-§§21-22. To report on vacation of road—§35. Duties on "Improved Road"-§§85 and 106. Duties on turnpike road-§132. For neglect of duty, see §41. 195. Deputies. The county surveyor shall appoint only such deputies as he shall find necessary for the proper discharge of the duties of the office, which appointment and revocation thereof shall be in writing, under his hand, and filed with the county auditor; and such deputy shall take the constitutional oath of office; and for the faithful performance of the duties of their office by such deputies the county surveyor shall be responsible, and they shall receive the statutory compensation for surveyors. (L. '95, p. 135, §2; B. C., §491; P. C., §4212.) 196. Surveyor to Be Designated Engineer. The county surveyor shall hereafter be designated as county engineer. He shall be a qualified elector of his county, and a competent civil engineer and surveyor. The county engineer of each organized county shall be elected at the general election for the term of two years, and shall give a bond to the people of this state in the penal sum of two thousand five hundred dollars, to be approved by the county commissioners, conditioned for the faithful and impartial discharge of the duties of his office. (L. '07, p. 351, §1.) 197. Office of. He shall keep in his office a highway plat book in which he shall have accurately platted all public roads and highways established by the board of county commissioners. (L. '07, p. 351, §2.) 198. Profiles and Maps. The county engineer shall prepare profiles of all roads hereafter established and of all roads which are ordered to be improved, and shall recommend to the board of county commissioners what improvements shall be made to the roads and bridges in the county, together with an estimated cost of such improvement. He shall at least annually inspect or cause to be inspected, all bridges of the county, and make a report in writing to the board of county commissioners with such recommendations for the repair and maintenance as he finds necessary. (L. '07, p. 351, §3.) For plats of roads see §12, and note following $26. For plats of State Aid Roads, see §§63-64. To make maps of proposed roads—§12. 199. Office of Record. The office of county engineer shall be one of record and there shall be recorded and filed in his office, all matters concerning the public roads, highways, bridges, ditches or other surveys of his county, with the original papers, documents, petitions, surveys, repairs and other papers, in order to have the complete history of any such road, highway, bridge, ditch or other survey: Provided, That in any county where there is no qualified engineer, the records of said office shall be kept in the office of the county auditor. (L. '07, p. 351, §4.) See $22. |