The Mason County journal. [volume] (Shelton, W.T.) 1886-1927, 1890-08-22


who shall also be a jury to assess and
determine the compensation to be
paid in money for the property sought
to be appropriated, without deduction
for benefit to any property OF the own
err, and to assess and determine how
much less valuable, if any, the land or
premises from which such appropria-
ton may he taken, will be rendered by
the opening and construction of the
road, and a skillful surveyor to survey
the same, and shall issue an order
directing the viewers, with the sur
veyor, to proceed, on a day to be
named in the order, or on their failing
to meet On that day, within five days
thereafter, to view, survey and lay out
or alter said road. and determine
whether the public convenience re-
quires that such road, or any part
thereof, shall be sixty feet in width, or
whether less width than sixty feet
will as we'll promote the public con-
venience, and report the width, if in
their opinion, the same should be es-
tablished and opened.
If the viewers fail to proceed on the
day named in the order, or within five
days thereafter, so that said duty shall
not be performed and reported to the
commissioners at their regular session
next after such order was made, the
commissioners may, at such next reg
ular session, issue new order and ap-
point new viewers, who shall be by
such order required to perform the
same duties as required of said origi-
nal viewers under the original order,
or the commissioners may make such
other order in the premises as to them
may seem proper
If a person appointed as viewer or
reviewer on any road by the commits
sioners or the superior Judge shall fail
to attend at the place specified in the
order at or before o'clock P. NJ. Of
the day in the order specified, the sur
veyor and two viewers shall fill the
vacancy, who shall be required to take
the same oath, and be vested with the
same power to do and perform the
same duties, as if he had been APP
pointed by the commissioners or SUI
perior judge of the county.
The principal petitioner shall give
at least sixty days notice in writing to
the owner or his agent if residing with
in the county, or if such owner be Il
minor, idiot or insane person, to the
guardian of such person, If a resident
of the county, through whose land the
road is supposed to be laid out and es-
tablished, or through whose land the
road which it is proposed to alter or
vacate may have been previously es-
tablished, and also six days notice to
the viewers, and surveyor named in
the order OF the commissioners, of the
time and place of meeting as specified
in the order, and OF the day by which
claims for compensation must be filed ;
and the principal petitioner if the road
is proposed to be laid out. altered or
vacated on any lands owned by a. nom
resident or unknown owner, shall
cause a notice to such on-resident or
unknown owner to be published for
four consecutive weeks in some news
paper in such county; but if there be
no newspaper published therein, then
by posting said notice in five public
places in said county for said time,
which notice shall state the time and
place OF the meeting Of the viewers
and surveyors, as specified in the Or
der of the commissioners, and also the
substance of the petition. All reason
able expense attached to the giving
of notice and publishing herein men
toned shall be considered as part of
the expense OF establishing any road,
and shall be borne by the county in
all cases where the road is ordered es-
tablished..
The surveyor shall survey the road
under direction of the viewers, and
cause the same to be conspiciouslv
marked throughout, noting the courses
and distances, and at the end of each
mile shall cause the number of the
same, and also the commencement
and termination of the road or survey
to be marked on tree or monument
erected for that purpose, and shall
make and deliver TO one of the view.
ers, without delay, correct certified
return OF the survey of the road, and a
plat of the same; and tie viewers
shall make and sign report in writ
ing, stating their opinion in favor oil
or against the e establishment or alter.
alton of the road, or any part thereof
and set forth the reasons of the same
which report, to ether with the plat
and survey of the road, or alteration
shall be delivered to the clerk of the
board by one of the viewers on or be.
fore the first day of the session of the
commissioners then next ensuing.
After the viewers have made return
III favor of the road, and before the re.
turn is recorded and the road estab.
lished, any citizen of the county NAV
apply to the commissioners for re-
view OF the road by petition, agreea-
bly, to section two CD of this act, and
the commissioners shall on such petit
ton being presented, and being salts
fed the same is just and reasonable
appoint five disirterested freeholders
OF the county to review the road, and
issue their orders to the reviewers, di.
rectlng them to meet at a time to be
specified in the order, or within five
days thereafter; and the petitioners
for the review shall cause at least six
days notice to be given to the princi-
pal petitioner for the road of the time
and place of the meeting of the re-
viewers; and the reviewers shall meet.
and after taking the oath required in
section QO) of this act, shall pro-
coed to examine the route SURVEYED for
the road by the former viewers. and
make report in writing to the COM
missioners, stating their opinion in
favor OF or against the establishment