Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1886-03-11


appraisers, or the cause kas been
tried at the instance Of the city for
the purpose of reducing the amount
OF damages, and the damages are
not 50 reduced, otherwise the costs
shall be taxed against the parties
claiming damages.
HOW CONDEMNED PROPERTY To BE
PAID FOR.
Sec. l0l. When private property
shall have been condemned and the
compensation to be paid therefor
shall be made 3 charge upon the
property benefited thereby as pro
vided ia section eleven of this act,
the assessments upon the various lots
or parcels OF land so charged and
the appraisenent of damages 10 be-
paid TO the owners of the property
condemned. shall be made by three
persons, one OF whom shall be sp-
pointed by the Mayor, one by the
owner or owners OF property sub
Ject 10 assessment. and one by the
owner or owners of property con-
demned or damaged. or if either or
both said classes of property owners
| fail or refuse TO make such sppoint-
ment after ten days notice so TO DO,
which notice shall be given in the
manner TO be prescribed in the ordi-
nance providing for such cOndem-
nation Of property, either or both
such appointments shall be made by
the city Council. The persons so
appointed shall be sworn; shall pro
coed 10 making the assessment and
shall report within the time and in
the manner prescribed for spprsise-
ments in the preceding section; their
| award shall be final uuless objection
is made within twenty days from the
time of the return thereof to the
clerk of the district court. Any
party aggrieved by the award may,
upon filing Q precipe therefor, have
the case docketed for trial at the
| next term of the court; when the
issue in such case is between an own
er of property condemned or dam
aged, and the city, such party shall
be plaintiff and the city defendant,
and when the issue to be tried re.
lates 10 excessive or unfair assess
ments upon property. the city shall
be plaintiff and the owner Of the
property defendant The issue shall
be made up, the cause tried and de-
termined, and the costs taxed ~ pro-
vided 10 the preceding section. pro-
vided that all costs taxed against the
city, and all costs of the appraise-
ment and other proceedings under
this section shall be added TO the
gross amount to be raised by assess
ment and collected from the several
property holders in the same proper
ton as said gross amount; and said
assessments and costs shall be lien
upon the property Herewith charged.
WHEN CITY SHALL PAY FOR PROPERTY
CONDEMNED.
Sec. l02 In all other cases where
private property is condemned or
taken for public use by authority of
this act, the city shall pay fair CON-
pensstion therefor to the owners of
such property, and when such owners
and the city Council are unable to
agree as to the amount of such com
pensation, the same shall be assessed
and determined in the manner pro |
vided by the general laws OF this
Territory relating to the mode of pro- |
ceedlng to appropriate lands by pri-
vate corporations.
CERTIFIED TRANsCRIPTs-LEGAL EvI- |
DENCE.
Sec. 103 Transcripts of the Re
cords. and proceedings of the Com
mon Council, of the city of Seattle.
and copies of all papers and docu-
ments on file in the Office of the city |
CIe-k, certified 10 by the city Clerk,
and authenticated by the seal of the
city. shall be admissible in evidence
ia all the Courts of this Territory,
and shall have similar force and
value IN evidence as certified tran
scripts of other records, papers and |
documents in this Territory.
PRESENT CoUNCILAES TO CONTINUE IN
OFFICE.
Sec. l04 Until the time fixed by
this act for the beginning of the
terms of officers to be elected at the |
annual city election in 1886, the
Common Council shall consist of
nine members; and the present men,
bers OF the Council shall continue in
Office until that time except in cases
of vacancies occurring sooner 10 the
manner provided in this Act; and al
the said time slI the present members
of the Council shall retire whether
elected for q longer period or not,
and thereafter the Council shall con
sist of but eight members, as pro
vi led In Section 80 Of this Act: Pro
vlded, That this section shall not be
50 construed as to render any OF the
present Cvuncilmen ineligible 10 re-
election al the election in 1886.
SAVING CLAUSE.
Sec. los. The provisions of this
act shall not affect or impair the va
lidity Of any ordinance, or any act
done, contract made. or tax or as
sessment assessed or levied prior TO
the time this act takes effect: but
such acts, contracts, taxes and as
sessments shall remais valid and be
In force and collected in the same
manner as If this act had not been
passed. Provided. That general,
municipal and road taxes for pur
poses authorized by sections 3, 4, ), 9,
and Is, shall be collected in the
manner herein provi1ed. All the
provisions of this act which are iden
tical with previous ensctments not
seretofere expressly repealed, shall
be construed as eontiRuslions of such
previous ensctments, and not as new
enactments, aud all the present in.
cumbents of city Offices. except As
SCISSOR and Councilmen, shall remain
10 their respective Offices until the
expiration OF their present terms, and
until their successors are elected and
qualified, As herein provided, unless
vacancies shall occur in the manner
specified in this act.
| ACTS REPEALED,
Sec. io6. All the provisions of the
several acts enumerated in section ]