1. All public roads and the streets and alleys in incorporated cities and towns in this state, used or lawfully entitled to be used as such on March 9, 1866, and all such roads, streets and alleys as the board of county commissioners of the county in which they are situated shall thereafter lawfully cause to be opened, are declared to be public highways.
2. Nothing in this section shall be deemed or construed to injure or abridge the rights of any toll road; but all roads shall be entitled to all the protection and benefits arising from this section.