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It is hereby expressly provided that mill wood in twentyfour (24) inch lengths or shorter shall not be subject to the provisions of this act.

Any person violating any of the provisions of this section shall be guilty of a misdemeanor.

SEC. 10. Nothing contained in this act shall be construed as withdrawing or superseding the powers and duties of the public service commission of Washington with respect to track scales and other weighing devices used by common carriers, but the standards herein established shall be used in testing the track scales and weighing devices of such carrier.

SEC. 11.

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Sections 9511-9523, inclusive, of Remington Repeal, & Ballinger's Annotated Codes and Statutes of Washington are hereby repealed.

Passed the Senate January 28, 1913.

Passed the House February 25, 1913.
Approved by the governor, March 11, 1913.

Rem.-Bal.,
§§ 9511-9523;
Pierce's
Code, 1912,
529 §§ 1-25.

CHAPTER 53.
[S. B. 212.]

AUTHORIZING LIENS FOR SERVICE OF SIRES.

AN ACT relating to liens for service of sires and amending section 3163 of Remington & Ballinger's Annotated Codes and Statutes of Washington.

Be it enacted by the Legislature of the State of Washington: SECTION 1. That section 3163 of Remington & Ballinger's Annotated Codes and Statutes of Washington be amended to read as follows:

[Amends
Rem.-Bal.,
§ 3163:
Pierce's
Code, 1912,

309 § 157.]

Section 3163. The owner or owners of any such sire recieving such certificate, by complying with the last two preceding sections of this chapter, shall obtain and have a lien upon the female served for the period of one year Lein upon from the date of service, or upon the get of any such sire for the period of one year from the date of birth of such get: Provided, Said owner or owners shall file for record

mare and get.

Filing.

Preferred lien.

a statement of account, verified by affidavit, with the county auditor of the county wherein the service has been rendered, of the amount due such owner or owners for said service, together with a description of the female served, within ten months from the date of service or date of birth, as the case may be: Provided further, That the lien upon the get of any such sire shall be a preferred lien : And provided further, That no sale or transfer of any female animal served shall defeat the right of such lien holder.

Passed the Senate February 7, 1913.

Passed the House March 6, 1913.

Approved by the Governor, March 11, 1913.

[See Rem.Bal., §§ 81208145; Pierce's Code, 1912, 437 $$ 359365 and 437 § 299 et seq.]

Rivers as boundary lines threating damage.

CHAPTER 54.
[S. B. 219.]

AUTHORIZING COUNTIES TO JOIN TO PROTECT AGAINST
OVERFLOW OF STREAMS.

AN ACT authorizing counties to contract together for adminis
trative and financial co-operation in the improvement, confine-
ment and protection of rivers and the banks, tributaries and
outlets thereof, whose waters flowing into or through such
counties work damage by inundation or otherwise, authoriz-
ing the levy of taxes and the creation and disbursement of
special funds for such purposes, delegating the power of emi-
nent domain in aid of, and providing generally ways and
means for the accomplishment of such purposes and the per-
formance of such contracts.

Be it enacted by the Legislature of the State of Washington: SECTION 1. Wherever and whenever a river is or shall be the boundary line or part of the boundary line between two counties, or it, or its tributaries or outlet or part thereof, flows through parts of two counties, and the waters thereof have in the past been the cause of damage, by inundation or otherwise, to the roads, bridges or other public property situate in or to other public interests of both such counties, or the flow of such waters shall have alternated between the said counties so at one time or times such

waters shall have caused damage to one county and at another time or times to the other county, and it shall be deemed by the boards of county commissioners of both counties to be for the public interests of their respective counties that the flow of such waters be definitely confined to a particular channel, situate in whole or in part in either county, in a manner calculated to prevent such alternation or to prevent or lessen damage in the future, it shall be lawful for the two counties, and their boards of county commissioners are hereby empowered, pursuant to resolution, to enter into a contract in writing in the names of the respective counties for the purpose of settling all disputes in relation to any such situation, and providing ways and means for the control and disposition of such waters. Any Contract. such.contract may provide:

(a) That it shall be operative in perpetuity, or only for a term of years or other measure of time to be specified therein.

Resolution

to join with

other

county.

Term.

Divsion of

(b) The amount of money to be expended by each county during each year of the life of said contract, or costs. such other method of determining the amount of expenditure or dividing the financial burden as may be agreed upon.

(c) That an annual tax shall be levied, at the same time and in the same manner as other county taxes are levied, each year during the life of the contract, by the county commissioners of each county. The annual tax herein provided for need not be levied at the same rate for each county, but shall be at such rate in each county as will produce annually the amount of money for each county as is required for the fulfillment of the contract on its part: Provided, however, That in no event shall any such tax levy by either county exceed one mill on the dollar for any one year.

Tax.

improvement.

(d) That the general scheme for the improvement of Scheme of such river shall be as stated in such contract, but by consent of the contracting parties, pursuant to resolution of each board of county commissioners, such scheme may be

Funds expended under direction of both counties.

Work,

how done.

Duplicate

vouchers, etc.

Tax levy in each county.

Tax extended.

modified from time to time during the life of the contract. The contract may but need not provide the details of such scheme, but must designate the general purpose to be accomplished. So far as details are not specified in the contract, same shall be for future determination by joint action of the two boards of county commissioners. Any such contract may be subsequently modified or abrogated by mutual consent evidenced by separate resolution of both boards of county commissioners.

SEC. 2. When such a contract shall have been entered into the prosecution of the work of improvement and the expenditure of funds thereof shall be determined upon, controlled and provided for by joint action of the boards of county commissioners of the two counties. So acting jointly, they shall have power to employ subordinates, purchase material or equipment in open market or by contract, let contracts for work, or cause work to be done by day labor, and to reject any and all bids received for work or material. All vouchers, pay rolls, reports, contracts and bonds on contracts shall be in duplicate, one copy to be filed in the office of the county auditor of each county: Provided, however, That the expenditure of said funds must be made in such manner so that the fund from each county is drawn on or expended alternately and such alternate expenditure shall be in proportion to the amount contributed by each county as nearly as may be practica

ble.

SEC. 3. When such a contract shall have been entered into it shall be the duty of each of the boards of county commissioners to make for their respective counties, each year, a tax levy at a rate sufficient to meet the requirements of the contract to be performed by the county, or sufficient to provide such lesser amount as the boards of county commisisoners shall agree upon for such year, to be evidenced by separate resolution of each board, and when such levy shall be made the same shall be extended upon the tax rolls of the county levying the same as other taxes shall be extended, and shall be collected in the same man

fund.

ner and shall be a lien upon the property as in the case of other taxes. The fund realized in each county by such Special tax levy shall go into a separate fund in the treasury of the county collecting the same, to be designated intercounty river improvement fund, and the entire fund so collected in the two counties shall be devoted to and be disbursed for the purposes specified in such contract and as in this act provided, and for no other purpose, but without regard to the particular county in which the work is performed, material required or expenditure made, it being the intent that the entire fund realized in the two counties shall be devoted to the one common purpose as if the two counties were one county and the two funds one fund. The fund in each county shall be disbursed by the county treasurer of such county upon warrants signed by the county auditor of that county. Such warrants shall Warrants. be issued by order of the board of county commissioners of such county, or a majority thereof. Each county auditor shall, whenever requested by the county auditor of the other county, furnish the county auditor of the other county a statement of payments into and warrants drawn upon the fund of his county from time to time, and in addition thereto, each county auditor shall on the first Monday of Auditor to January, April, July and October each year during the statement. life of the contract furnish the other a complete statement thereof. Obligations incurred in the prosecution of such improvement and warrants issued shall be payable only out of said special funds, and no general obligation against or debt of either county shall be created thereby or by any contract entered into by virtue of this act, but it is not the intent of this act to deny to either county the right to have in the courts any proper proceeding to compel compliance with such contract on the part of the other county.

furnish

Claims paid

only from

special funds.

domain.

SEC. 4. When such a contract shall have been entered Eminent into the power of eminent domain is hereby vested in each of such counties, to acquire any lands necessary to straighten, widen, deepen, dike or otherwise improve any such

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