Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1875-04-03

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tuations, it shall not work forfeiture within
! the meaning of this section
! Sec. Sd. Any person who shall maintain
any ferry, and receive fcrriage, without first
obtaining license for the same, shall pay q
! fine of ten dollars for each offense, to be col
lecied for the use of the county, by suit be-
| fore any justice of the peace having jurisdic-
tion and sny person is hereby authorized to
bring such suit: Provided, That it shall not
be considered unlawful for any person to
transport any other person or his property
! over any stream for hire, when it shall be
made evident that there is no ferry, or that
the ferry established at such place was not in
actual operation at the time, or in sufficient
repair to have afforded to such person or his
property safe and speedy passage.
CHAPTER ILL.,
THE ESTABLISHMENT AND REGULATION OF
TOLL ROADS
SEC. "a. Whenever public road in any
county in this Territory is or may hereafter
be so located that there is little or no local
labor along the line of said road, the board Of
county commissioners of the county where
such road or any portion of the same is, or
may hereafter be located, is authorized to
lease such road or any portion of the same,
to any person OF corporation, to open, i'm
prove and keep the same in repair for pc.
| J
| in consideration thereof, to collect and receive
tolls for travel thereon, in the manner provi-
ded in this chapter.
SEC. 55. Whenever it becomes expedient
and lawful under the provisions of this chap
ter, to lease public road or any specified
section thereof, the board of county commits
sioncrs shall make an order to that effect,
specifying therein the tcrmini thereof. and
| directing the county auditor to cause the
same to ne pubised in some weekly newspa-
per of general circulation therein, for period
not less than four weeks and in like manner
| to give notice Herewith that sealed bids will
be received at such auditors Office for the
leasing of such road, until particular hour
of certain day thereafter, not more than ten
days after the expiration of the publication
of such order and notice.
SEC So. No bids shall bc considered, I'M
les3 accompanied by bond executed by two
or more sureties, in the sum OF two thousand
| dollars, to be void upon tie condition that
| the bidder il the lease Is awarded to him,
will, within ten days thereafter, enter into
the contract for keeping the road, and give
! the bond to secure the performance thereof
as hereinafter provided.
SEC. 81. The contract for the lease shall
be subscribed by the lessee, and approved by
the board of county commissioners and with
the county auditor. At the time of filing the
! contract, the lessee shall give bond 10 the
county, in a sum to be fixed by the beard of
county commissioners, not less than two
| thousand nor more than ten Thousand dollars,
with two or more sufficient sureties 10 be
void upon the condition that the lessee will
faithfully perform the contract in relation to
such road, and comply with the provisions
| of this chapter concerning the same.
SEC So. The sureties in the last bond
mentioned in the section, shall have the quail
| ification of bail upon arrest, and shall justi-
| fy in like manner before the county commits
sioners OF the clerk thereof
Sec 50. A road leased under this act, shall
be cleared of standing timber and have q
track for travelling of the same width, and be
! kept in the same order, and the streams or
other waters on the line thereof shall he
brdged, or ferries established thereon, and
shall be made of such grade and Of such ma
terials as the contract act shall specify.
| Sec 60 No toll shall be collected for
| travel ON such roads, except at gate, nor
unless sign board be posted at such gate in
full view of the travel on the road, with the
rates of toll plainly written or printed there
on. The lease shall specify the number of
gates that may be placed on the road, to
which it relates, and the location thereof, and
thereafter the number of such gates shall
not be increased; but the board of county
commissioners, upon the application of the
lessee may, at any time, for good reasons,
authorize the lessee, to change the location
of such gates. or any Of them.
Sec. 6l The rates OF toll that the lessee
may collect and receive, shall be specified In
the lease, and none other can be charged; and
any person who shall pass through gate up
on such road without paying the toll legally
charged thereat, or when travelling on such
road shall go round such gate with intent to
avoid the payment of such toll, shall be la
BILE to the lessee for three times the amount
of such toll; and any lessee of such road
who shall by himself, his agents or servants,
collect or receive OF any person illegal toll
for travelling on such road, shall be liable to
such pefstrGf fos ::iAafeg l;:gass.is. aEanNat ~
such toll.
Sec. &c. A road leased as provided in this
chapter, is nevertheless to be deemed high
way; but no footmen shall be required to
pay toll for travelling on such road, nor shall
any person while travelling from one portion
of his farm to another, with or without any
stock or vehicle, or person in his employ, or
in going to, or returning from church, flu.
neral or an election.
SIC. g. The board of county commits.
sioners has authority, upon the application
of the lessee, to cancel or modify the lease,
upon such terms as may be equitable and
Just, and the proper district attorney may
maintain an action against the lessee, in the
the name of the county, to have such lease
declared forfeited, whenever The lessee shall
fail or neglect to comply with the provisions
thereof, and of this chapter.
Sec. GA. Tolls are only chargable by the
lessee upon the following items, or classes of
person or property.
1. Sheep and hogs.
g. Horses and mules, asses or neat cattle,
whether being used for draught, or led or
driven loose.
g. A person other than footman, and
not travelling in avehicle
A. A two wheeled vehicle, loaded or I'M
loaded.
5. A four wheeled vehicle, loaded or un-
loaded.
SEC. g. The rate of tolls to be charged
by the lessee, upon each item or. class speci-
| fed in the last section, Is as follows:
/ /. The basis or unit of toll is the char re
| for a sheep or hog, to be known as single
/ toll.
O. For any animal described in subdvi-
sion two of such section, four such tolls may
u