PRIVATE ROADS OF NECESSITY.

161. Private Ways of Necessity.

The owner or owners of any lands, which do not abut on any highway, or which are so situated that it is necessary to cross the lands of others to obtain a reasonable way to any public highway, may obtain the location and establishment of a road between his or their said lands and the highway by proceedings in the superior court of the county in which the lands over which such proposed road is to run are situated, in the manner provided by law for the appropriation of private property by corporations, except as in this act provided. (L. '95, § 1, p. 180.)

162. Petition for Way.

The person or persons desiring the location and establishment of such road shall set out in his or their petition a description of his or their lands, the situation of the highway with reference to such land, and such other facts as will show the necessity of the establishment of the road, and shall set out the estimated value of the lands to be appropriated for such road. (L. '95, § 2, p. 180.)

163. Bond for Costs.

Before the hearing of such petition, the petitioner, or some one in his behalf, shall enter into a bond with two or more sureties, to be approved by the county clerk, which bond shall be in the penal sum of two hundred dollars, payable to the State of Washington for the use of such persons as may be interested, conditioned that the obligors shall pay all costs and expenses incurred in the proceedings. (L. '95, § 3, p. 181.)

164. Viewers.

Upon the hearing of said petition, after notice thereof as prescribed by law, the court shall appoint three commissioners, who shall on a day to be fixed by the court, in the order appointing them, view the lands of the petitioner, and the lands over which

it is proposed to locate and establish such road, for the purpose of determining-First, Whether there is necessity for the establishment of a road; and second, the most practicable route for such road, if the same be necessary, and the clerk of said court shall furnish to said commissioners a certified copy of the order so appointing them. (L. '95, § 4, p. 181.)

165. Report of Viewers.

When said commissioners shall have made such examination they shall, within ten days after the day appointed by the court for such examination, report to the court in writing (filing the same with the clerk of said court), their decision as to the necessity for the road, and if they deem such road necessary, then they shall set out in such report an accurate description of the road and the route thereof, as recommended by such commissioners, and the estimated value of the land which would be taken for such road, and the amount to be allowed in damages to each separate owner of the lands sought to be appropriated, which in their estimation is just and equitable. (L. '95, § 5, p. 181.)

166. Objections.

Any person interested may file exceptions in writing to such report at any time within thirty days after the time fixed by the court for the examination of such commissioners, and such report shall be heard and considered by the court as to the necessity for such road, and as to the location thereof. On the next day after the expiration of the time limited for the filing of exceptions, or as soon thereafter as the same can be heard, which hearing shall be by the court without a jury, [and] the court shall decide as to the necessity of such road, and if the same be found necessary, then the court shall fix the location of the road and establish such road, to be opened when compensation shall be made therefor as provided by law: Provided, That if the court do not approve the report of the commissioners as to the necessity of the road, or as to the route thereof, then the court may appoint other commissioners whose duties shall be the same as the duties of the commissioners first appointed. (L. '95, § 6, p. 181.)

167. Costs.

Such commissioners shall be allowed two dollars per day for their services, which shall be taxed as a part of the costs of the proceedings. All other costs shall be the same as in other civil actions and proceedings in such court, and all costs shall be taxed to and paid by the petitioner or petitioners. (L. '95, § 7, p. 182.)

168. Damages, When and How Awarded.

If, on the hearing of the report of the commissioners, the court shall find that there is necessity for the road, and shall by order determine the route thereof, then the cause shall be tried before a jury as to the amount of compensation to be made by way of damages for the establishment of the road: Provided, That such trial shall be had at a regular term of such court when a jury shall be present. The trial shall be conducted and verdict rendered in the manner provided by law in the case of appropriation of private property by corporations: Provided further, That a jury may be waived as in other civil cases in courts of record in the manner prescribed by law. (L. '95, § 8, p. 182.)

169. Appeal.

No appeal shall be taken from any order of the court as to the necessity of the road or as to the route thereof until after judgment as to the amount of compensation: Provided, That exception shall be taken and entered to such orders at the time the same are made, and the appeal from such orders and from the judgment awarding such compensation shall be taken at one time: Provided further, That all the provisions of law relating to appeals from judgments in proceedings for the appropriation of private property by corporations shall apply to the proceedings provided for in this act so far as the same are not inconsistent herewith. (L. '95, § 9, p. 182.)

170. Payment of Damages.

Within twenty days after the judgment awarding damages the petitioner or petitioners shall pay into court the amount of the award of damages, together with the costs as aforesaid, and upon uch payment judgment of appropriation shall be made establishing the road. (L. '95, § 10, p. 183.)

TOLL ROADS.

171. Roads May Be Let for Toll Roads.

Whenever a public road in any county in this territory is or may hereafter be so located that there is little or no local labor along the line of said road, the board of county commissioners of the county where such road or any portion of the same is or may bereafter be located, is authorized to lease such road or any portion of the same, to any person or corporation, to open, improve and keep the same in repair for a period not exceeding ten years, with the right in consideration thereof to collect and receive tolls for travel thereon, in the manner provided in this chapter. (L. 79, § 52, p. 64.)

172. Notice of Leasing.

Whenever it becomes expedient and lawful, under the provisions of this chapter, to lease a public road, or any specific section thereof, the board of county commissioners shall make an order to that effect, specifying therein the termini thereof, and directing the county auditor to cause the same to be published in some weekly newspaper of general circulation therein, for a period not less than four weeks, and in like manner to give notice therewith that sealed bids will be received at such auditor's office, for the leasing of such road until a particular hour of a certain day thereafter, not more than ten days after the expiration of the publication of such order or notice. (L. 79, § 53, p. 65.)

173. Bond With Bids.

No bids shall be considered unless accompanied by a bond executed by two or more sureties in the sum of two thousand dollars, to be void upon condition that the bidder, if the lease is awarded to him, will, within ten days thereafter, enter into the contract for keeping the road, and give the bond to secure the performance thereof, as hereinafter provided. (L. '79, § 54, p. 65.)

174. Bond of Lessee.

The contract for the lease shall be subscribed by the lessee and approved by the board of county commissioners and filed with the county auditor. At the time of filing the contract the lessee shall give a bond to the county in a sum to be fixed by the board of county commissioners, not less than two thousand nor more than ten thousand dollars, with two or more sufficient sureties, to be void upon the condition that the lessee will faithfully perform the contract in relation to such road, and comply with the provisions of this chapter concerning the same. (L. '79, § 55, p. 65.)

175. Sureties.

The sureties in the bond mentioned in the last section shall have the qualifications of bail upon arrest, and shall justify in like manner before the county commissioners or the clerk thereof. (L. '79, § 56, p. 65.)

176. Specifications of Road.

A road leased under this act shall be cleared of standing timber and have a track for traveling, of the same width, and be kept in the same order, and the streams or other waters on the line thereof, shall be bridged or ferries established, and shall be made of such grade and of such materials as the contract shall specify. (L. 79, § 57, p. 65.)

177. Toll Gates-Tolls to Be Posted.

No toll shall be collected for travel on such roads, except at a gate, nor unless a sign-board be posted at such gate, in full view of the travel on the road, with the rates of toll plainly written or printed thereon. The lease shall specify the number of gates that may be placed on the road to which it relates, and the location thereof, and thereafter the number of such gates shall not be increased; but the board of county commissioners, upon the application of the lessee may, at any time, for good reasons, authorize the lessee to change the location of such gates, or any of them. (L. '79, § 58, p. 65.)