The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1893-03-25
LAYING OUT PUBLIC ROADS

ItoU SACsolls eaStWalop ID stoppiHB u suo
Rainier.
LAYING OUT PUBLIC ROADS.
Text OF tho Law Recently Enacted.
Which IL Now In Force.
Following is the text OF house bill No. los, sp-
proved by the governor:
SECTION When ten or moro freeholders Of
any county desire to have q county road viewed.
laid out, surveyed and established, they shall
file with the superior court Of the county pc.
titlon setting forth: The beginning and termi.
nal points OF the proposed road and the general
route thereof, as near as NAV be: the width OF
the proposed road, which shall not be less than
thirty feet nor more than sixty feet; that the
proposed road Is a practicable one. aud that the
petitioners residents in the vicinity of said
road and interested in the opening thereof, and
that said road will b Of general use aud public
benefit
Sec. At the time OF fling such petition. ono
or more OF the s:gners of any such petition shall
enter into bond In the sum of $500, payable 70
the state for the use of the county, with two or
more sureties to be approved by the superior
judge conditioned that the persons making ap-
plication for the proposed road viii pay into the
county treasury the amount OF all costs ana ex-
penses incurred In the view and survey OF shid
proposed road, In case the petition therefor 10
not granted.
rec 3 When the petition and bond have
court shall fix a day for the appointment of
viewers, which shall not be less than ten nor
more than twenty days from the date OF the APP
prevail OF the bond. Notice Of such hearing
shall be issued by the clerk and shall be posted
by the principal petitioner At least ten days be-
fore the day for such hearing At the following
places: One copy at the place whore the court
for said county Is held: one copy at the begin
ming point on the proposed road: two copies at
two OF the most public places in the vicinity of
the contemplated route of the proposed road.
On the hearing OF the petition, II notice OF such
hearing has been regularly Issued and posted,
the court shall appoint three dtsinterested per-
sons. residents Of the county. one OF whom may
be the county surveyor, to view and lay out the
proposed road. and to assess the damages to the
premises OF any person through whose land the
proposed road will run; and the court shall ap-
and lay out the proposed road: Provided,
that II . remonstrancs 10 filed end on
the heartngof the petition and remonstrancs
viii Be- impracticable. or that it ID not OF public
necessity, and will not Be OF general use, the pc.
tiyiou shall be dismissed.
Sec Atthe time and place named In the
order of the court, the county surveyor aud the
viewers shall meet and shall select two chain
men. and not moro than three other persons to
act as axmen or markers. and after the viewers
and cha.nmen have been sworn to faithfully
and impartially discharge their respective
duties they shall proceed to view, lay out and
survey the proposed road.
Sec. s Within ten days after making the
view and survey OF the proposed road. tho view.
shall file . report OF their doinRs In the mat
ter which shall show: l. The course. termini
ton OF the land appropriated and the names Of
the owners thereof, when known, and If tho
names OF any of tho land owners are unknown,
the report must state that fact 3 The estimate
OF damage to the owner of any land over which
the proposed road will run. L The names of
landowners who consent 70 give the fight-Of-
way, and their written consent thereto. The re.
port Of the viewers shall be accompanied by
the plat or map OF the county surveyor, which
shall show the route OF the proposed road a.
surveyed, and the quantity or area of land ne
n ha ts keu tina ppopOaaA h..
longing to any person through whose premises
the proposed road has been,surveyed. Prorided,
that said road shall. so far as practicable. b.
upon section or quarter section lines.
Sec & When tho report Of the viewers and
the map Of the surveyor has been filed In the
once OF the clerk OF the court, the clerk shall
give notice, a. herein provided, that on day to
be fixed by tho court, the court will bear the
said petition and consider the report OF the
viewers and the award OF damages made by
the viewera Said notice shall be published for
three consecutive weeks in a newspaper OF gen.
eral circulation in the county, or II there BE- no
newspaper published in the county. then to bs
county. proof Of which publication shall bo
made by the sfidavit OF the foreman or pub
Usher OF such newspaper nearest the road. Pro-
vided. that In no case shall the cost OF said no.
tce exceed 80 cents per square for the first nser
ton, and % cents for eacn additional insertion.
Sec 2. Al the time hxed for the hearing OF
said petition and the report Of the viewers
thereon, the court shall proceed TO hear the
samc and consider the award OF damages. II on
tho hearing 10 appears to the court that the said
road 10 practicable and that the same will be of
general use and public benefit, the court shalt
order that the road be established as sur
vsyei, and that the same may be opened
az may be provided by law for the opening OF
public roads; the court shall also order that the
map OF the survey and the order OF the court be
filed in tho Office of the county auditor The
court shall also direct the county auditor to
draw his warrant on the county treasurer for
the amount awarded to each person for dams yas
nv reason OF the said road being laid out and
surveyed scrosx the premises OF such person or
persons: Provided. That II any person or per.
sons through whose premises said road has been
surveyed. appear and contest the award, the
court may empanei Jury and hear the tcsti-
mony on the subject
Sec. s. When the jury Ia. performed the duty
required 10 be performed by IL. the court shall
order the county auditor 20 draw his warrant on
the county treasurer FOR the payment OF the
damages so awarded. as provided in tho preced-
Ing section
sec. o n appears on the hearing OF said De-
tition that tho proposed road IL impracticahle
or that thu same will not be OF general use and
public benefit. the petition therefor shall be de-
MED. aud the costs OF tire hearing and of the
view ana survey shall be taxed to the principal
and sureties on the bond. and may DO collected
by execution as costs in other eases.
sec 10 The viewers, chainmen and other as
sistan's herein provided for shall each receive
$50 Ter day while engaged In the view and
survey 81 the road.
sec II. In any county where no superior
j. tge resides, a court commissioner NAV tie a.
pointed, who shall have power TO hear ana de-
teTmiue al matters under the prov siops OF this
act watch may properly Be heard by the Judge
In chamber
sec. II Aver the establishment OF anv county
rosf a. hereinaeiore provided. II shall DO tho
GUY 81 tha coo3ts clerk forthwith, or as soon
=" hSy DC u tNTnish co1piete transcript of
tho ptoceednSs hSi u the establishment of
suea rost 10 she county ~; iito- of such countx
such transcript o. record ~ lc comet nv ~,
a.,t'..1 J" t"s county road records OF his office