The islander. [volume] (Friday Harbor, Wash.) 1891-1899, 1895-04-04

, over which such road passes, with the
name of the owner of each tract written
thereon, and said surveyor shall also file
Herewith his field notes of such survey
Sec. 10 The viewers, axmen, fiagmen
and all other necessary assistants EN-
ployed in such survey shall be paid not
to exceed the sum of 81 per day for their
services out of the proper fund of the
county, and the surveyor shall be paid
as provided by law for the time occu-
pied by him in viewing, laying out and
surveying the road and making the plat
and field notes, which plat and field
notes must be filed as in this act provi-
ded before he receives his said compen-
sation. All claims for services in and
about the viewing, laying out and sur
veying of county roads shall be submit
ted to and audited by the board of
county commissioners.
Sec II The board of county commits
SiOners, at their next meeting after the
filing of the report of the viewers, or at
the time when the same is filed, if then
in session, must fix time for hearing
of the report and must cause notice of
such hearing to be given to the owners
lessees and incumbrancers of the lands
to be taken for such road, who have not
consented to the establishment of the
road and waived their claims to dam
ages therefor, which notice shall be
gwen as follows: If such owners, les
sees and incumbrancers reside or are
| present within the county, then by
serving upon them personally within
the county written notice, at least
twenty days before the time set for said
hearing, setting forth the time and
purpose of such hearing, and if said
owners, lessees or incumbrancers are
absent from said county or for any
reason can not be served personally
therein such notice shall be given, as to
them, by posting written notice of the
time and purpose of such hearing, one
at a conspicuous place on the land or
left at the residence of the owner, les
see or incumbrancer, as the case may
be, and one at a conspicuous place at
the court house of the county, at least
thirty days before the time set for such |
hearing
Sec II On the day set for such hear
ing or to which such hearing may be
postponed or adjourned the said board |
upon due proof to the satisfaction of the
board, made by affidavit, of the service
Or posting of notice of the hearing, as
by this act required, shall proceed to
the hearing of said report, and shall
examine the same, together with the
map and the petition, the written
claims for damages, the written consent |
and waivers of damages, and all other
papers on file in the proceedings, and
shall hear and consider all testimony
and documentary evidence adduced for
or against the establishment of the road |
or as to the amount of damages which |
should be awarded in any case, and
shall at that time or as soon thereafter
as may be, declare by order the decision
of the board ~ as to whether the road
shall be established in accordance with
the report of viewers, or otherwise, Or
at ALL and if the decision Of the board
be that the road shall be established,
and if all persons interested in the land
to be taken have consented to the es-
tablishment of said road and have
waived their claims to damages there
for, the said board shall at the same
time make an order finally establishing
the road, and shall order that the same
be opened in the manner provided by
law. If the decision of the board be
that the road shall be established, and
if any of the persons interested in the
lands to be taken threfOr shall not have
consented to the establishment of the
road, or waived their claims for dam
ages therefor, or shall claim damages
therefor, said board shall at the time by
order declare the amount of damages
bv such board to each of such persons,
and 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 there
to, and if the awards be accepted the
board of county commissioners shall
make an order finally establishing such |
road and directing that the same be
opened in the manner provided by law
Sec Is If any award of damages is
not accepted within thirty days from
the date of the award it shall be deemed |
rejected, and the board must then by
order direct proceedings to procure the
right-of-way to be instituted in tie SUI
perior court of the county by the Co.
Attorney of the county in the manner
provi led 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 of the Code of Proce-
dure of the State of Washington, Vol.
2, as arranged and annotated by Will
liam Lair Hill; and when under such
proceedings the right-of-way is procured
said board shall declare the road finally
established, and shall order that the
same be opened i'll the manner provided