The Mason County journal. [volume] (Shelton, W.T.) 1886-1927, 1895-04-26

ested in the lands to be taken there
fore shall not have consented to the
establishment of the road, or waived
their claims for damages, therefor, or
shall claim damages therefor, said
board shall at the time by order de-
clare the amount of damages by such
board to each of such persons, shall
order the amount of such award to be
set apart in the treasury out of the
proper fund, to be paid to the proper
owner or claimant upon his showing
or establishing his right thereto, and
if the awards be accepted the board of
county county commissioners shall
make an order finally establishing
such road and directing at the same
be opened in the manner provided by
law
SEC. 13. If any award of damages
is not accepted within thirty day
from the date of award it shall be
deemed rejected, and the board must
then by order direct proceedings to
procure the righs-of-way to be institut-
ed in the superior court by the county
attorney of the county in the manner
provided by. law for the taking of pri-
vate property for public use, and to
that end are hereby authorized to in
stitute and maintain in the name of
the county the proceedings provided
in chapter 6, title 9 of the Code of
Procedure of the State of Washing
ton, volume 2, as arranged and anno-
tated by William Lair Hill and when
under such proceedings the right-of-
way is procured said board shall de-
clare the road finally established, and
shall order that the same be opened
in the manner provided by law
SEC. Is. Before causing condem-
nation proceedings to be Instituted in
the superior court, as hereinbefore
provided, it shall be the duty of the
county commissioners to tender to
each person interested in the land to
be appropriated for the public highway
as heretofore provid, such amount as
in the Judgment of such amount as
in the judgment of such county COM
missioners such person is justly EMIT
led to, and in case Il tender cannot he
made by reason of the absence of such
land owner or person
whose property is taken or damaged
as he-einbefore provided, warrant
shall he drawn in tbs name OF the
county auditor, who shall cash the
same, and deposit said cash with the
clerk OF the court of the county
wherein the road to be laid out and
opened is located.
SEC. -. The warrant hereinbefore
provided for shall he drawn upon the
general road and bridge fund. Provid-
ed, however, that il there is not suffi-
cient money in said fund at any time
to pay any warrant so drawn in full
said county Commissioners shall provide
a special fund for the purpose of pay
ing such warrants and shall cause
such warrant to be drawn on such
special fund.
SEC. Is. Whenever any Warrant
is drawn upon said general road and
bridge fund for the purposes herein
specified it shall he the duty of the
clerk of the board of county commits
sioners to notify the county treasurer
of the date and amount of such war
rant, and III case said warrant is not
accepted by the person to whom it is
rendered at the time of tender the
county treasurer shall set apart from
the general road and bridge fund suffi-
Gent to pay such warrant with one
years interest thereon at the rate of
8 percent per annum, and said fund
shall be kept intact until the claim of
damages Of the person in whose favor
said warrant is drawn, has been settled
either by agreement or by condemna-
ton proceeding as hereinbefore pro-
vided.
SEC. II. When condemnation pro-
ceedings are instituted as hereinbefore
provided against any person to whom
tender has been made, and such person
shall fail in such proceedings to recov-
er Judgment SO rendered him, all costs
of such proceedings shall be taxed
against such non-conseEting owner.
With emergency.