, 1863-02-14

IN cur ueAt'
AN ACT
Tn relation 10 the construction of roads and highways
and defining the duties of supervisors OF high
SF9. /. Be it enacted by the Legislative Assem-
blv of the Territory of Washington, That the Board
of County Commissioners OF each county snaII nave
the sole and conclusive jurisdiction over county roads
within their respective counties, subject to sueh APP
meals to tie District Court and such rules and regu
tations as may be prescribed by law.
SEC 2. At any regular meeting, SAID Doad may
establish alter or any county roads, and cause
the same to be laid out, worked or surveyed, and
worked and opened, they shall deem most for the
Sc & They shall not establish, alter, OF vacate
anv road unless they shall be satisfied that at least
twenty days public notice has been given OF an lnten-
fon to ap1v to said board for such alteration, or to
vacate said road, without notice of the time When
the application will be made by posting at least three
written or printed notices in three OF the most pub
lie places in the county one OF which shall be at the
oountv seat and two in the most public places IN the
vicinity of the road proposed to be altered or vacated
and at least majority Of the citizens IN the district
through which SAID road IS ocaleu sa De III INoi VI
such alteration
SEC. 4 The Board of County Commissioners shall
eause their clerk enter in well bound book their
action upon all roads which they shall establish after,
or vacafe which book shall be called the Road
Book" of the county in which book all the records
concerning the roads at present established IN the
county, shall be entered and no county road hgreal
ter altered or established shall be opened until the
same shall be fully recorded IN SAID book Sad road
book shall be public record, and be kept in the Of
fee of the clerk Of the Board of County Commls-
sioners, and shall be open TO the Inspection oI Vne
SEC. 5. Said road book shall contain the petition,
if any the report of the viewers description OF the
road with the copy Of a survey, II any has been
made and copy of all claims for damages on the
part Of any person claiming to have been aected by
the location vacating altering OF said road, to-
gether with all orders ana proceedings OF IAe DOaru
touching the same.
bv the action of the Board Of County Commissioners,
upon any county road, may, within SIX months after
the action complained of, file his complaint against
the Board of County Commissioners, in the District
Court having jurisdiction over the county setting
forth full COPY Of the record, and specifying in
what respect he has been injured of which complaint
similar notices shall be given, and the same shall be
verified tried and determined as is provided in civil
actions Provided, that II 1t shall appear that the
marty complaining had actual notice of the intended
action of the board upon such road, in time to have
appeared and presented his claim to said board, and
did not so appear, and present his claim, or having
appeared, took exception to the action Of the
hoard OF having been rendered a reasonable amount
OF damages refused TO accept the or has acted
in any other respect contrary to good faith, then his
complaint shall be dismissed.
SEC. T. County roads shall be sixty feet in width,
unless the County Commissioners shall, upon the
prayer of the petitioners for the same determine on
a less number Of feet IN point OF width.
SEC. 8. In any road d strict embracing terrific
rial road within the district the supervisor Of roads
may if the public benefit require it, eXpend part OF
the labor due in his district said territorial road
or roads beyond the bounds of the county district
in which he is appointed provided, that such por-
ton of territorial road so worked shall not be lucu-
ded in road district OF the adjoining county OF Is so
situatcd that there will not be sufficient labor in the
adjoining road district to do the necessary work on
said territorial read.
SEC. 8. Any person signing petition TO the
County Commissioners OF any county, asking to open
anv new road, or to make any alteration in any es
tablished road requiring labor thereon shall be re-
ouired to perform furnish two days labor on such
road or alteration, if the petition be granted
SEC 10. Every territorial and county road hereat-
ter to be located shall be viewel and plainly worked
tbrouchout but shall not be surveyed except the act
locating such road shall expressly require it.
SEC IL If any perscn or persons. through whose
land any public highway Is or may be established,
shall be desirous Of turning such road through any
other part Of his or their lands, such person or
persons may, by petition, apply to the COMMISSION
ers of the proper county to permit him or them to
turn such road through any other part OF his or their
land on good ground and without materially IN
creasng the distance to the injury Of the public; and
on the receipt OF such petition, accompanied by a
sufficient bond to pay the expenses TO be incurred
thereby, the commissioners shall appolnt three as
interested househOlders as viewers, ana surveyor
who or majority Of such viewers, shall proceed 10
view the ground which the road Is TO be lurhed
and ascertain the distance such road Will De increases
by the proposed alteration, and make out report IN
writing stating the several distances found, To-
gether with their opinion as to the utility OF making
such alteration and if the viewers, or majority OF
them, sh Il repert to the commissioners that me
Drayer of the petitioner or petitioners is reasonable
and that the proposed alteration VIII not place the
road ground or materially increase the dlS-
tance to the injury Of the public they shall order the
same be altered; and upon receiving satisfactory
evidence that the proposed new road has been opened
legal width, and in all respects made equal to the
old road for the convenience Of travellers, the com
mlssoners may declare such new road public high
way, and make record thereof, and at the same time
Vacate much of the old road as is embraced IN the
new, aud the person or persons petidoning for the
alteration shall pay all costs and expenses Of the
view. survey, and return OF such alteration.
OF LOCATING PRIVATE WAYS
SEC IL. Any person whose land shall be so stu
ated that it has no connection with any public road
may make application in writing to the board of COM
missOners of his county, at regular session, for q
private road leading from his premises to some con-
venient public road, and thereupOn the said commits
soners shall appoint three disinterested household
ers of the county viewers and shall issue an order
directing them to meet on day named insuch order,
view and locate private road according to the ap
plicatOn, and to assess the damages 10 be sustained
thereby and after being duly sworn faithfully and
impartaly to discharge the duties of their appoint
ment and after at least three days notice given to
all persons through whose land such private road is
to be located, such viewers shall proceed to locate
and mark out thirty feet in width from some certain
point on the premises of the applicant to some GER
tain point the public road or navgabe waters, so
as to do the least damage to the land through which
said private road is located and they shall also at
the same time assess the damages sustained by the
person or persons owning such land.
SEC. l3. The viewers so appointed, or a majority
of them, shall make a report to the Commissioners at
the next regular session, of the private road so oca
ted by them, and also the amount Of damages if any,
assessed by them, and the person persons entitled
to such damages and if the commissioners are sat
sfed that such report is just and after payment by
the applicant of all costs Of locating such road, and
the damages assessed by the viewers they shall order
such report be confirmed, and declare such road to
be private road and the same shall be recorded as
such and any person aggreved by the assessment of
damages may appeal, within twenty days after such
confirmation Of the report to the Probate Court and
such appeal shall be tried appeals from the assess
ment Of damages in cases Of county roads.
OF THE MANNER OF ASSESSING DAMAGES
ON TERRITORIAL ROADS.
SEC. "A. When any person, through whose land
any territorial road may be located shall conceive
that he would be injured by the opening Of the
through his premises, he may, within six months af-
ter the filing of the report and plot OF survey of
such road in the Office of the clerk of the board of
commissioners Of such county make complaint in
writing to such commissioners, setting forth such
damage, and thertupOn the same proceedings shall
be had to assess and determine the damages sus-
tanned By such complaint as in case Of county roads,
and such damages shall be paid Of the treasury of
the county in which the lands are situated.
OF THE DUTY OF SUPERVISORS AND CON-
MISSIONERS.
SEC 16 That the supervisor of each road district
in this territory SHALL at least ten days before the
first MOndi in April Of each year, cause three writ
ten notices to be posted up in three conspicuous pa-
ces in his road district giving notice that there will
be an election held in such district the first Mon
dav in April at two O'Clock in the afternoon at some
convenient place in said district, to be specified in
said notice, for the purpose Of elecng road super
visor for said district for the next succeeding year
at which election the old supervisor shall act as
chairman of the meeting if present; if not chair
man shall be elected by the voters present; the
meeting shall also elect a secretary who shan record
the proceedings Of the meeting, and all the persons
in the district who required to labor on the roads
OF who have road taxes to pay may vote such cleo
ton, and the person having the highest number Of
votes shall be considered duly elected supervisor for
that year. and shall act as such until his successor