SECTION 1. Be it enacted by the Legislative Assembly of the Territory of Washington, That any person residing in this Territory, who is desirous of aiding in the construction of a wagon road across the Cascade Mountains, shall have the right to dispose of any of his property, real and personal, situate in this Territory, by lot or distribution, under such restrictions and conditions as are provided in this act.

SEC. 2. Such person shall file a statement verified by his oath, in the office of the auditor of the county wherein he resides; which statement shall contain a declaration of his intention to avail himself of the provisions of this act; it shall also contain a full description of the property intended to be disposed of, and the value of each parcel, as near as he can ascertain the same, and also a statement that he is the legal owner of said property; also his plan of distributing said property, the number of shares or tickets to be disposed of and the price of each. Such person shall also execute at the same time, a bond, with sufficient sureties in an amount equal to one-fifth of the total value of said property, conditioned that he will pay ten per cent of the net proceeds realized from the sale of said shares or tickets to aid in the construction of said road as hereinafter provided, and that he will in all other respects, comply with the provisions of this act, which bond shall also be filed with said auditor.

SEC. 3. The said statement and bond shall be submitted to the county commissioners of the same county, or a majority of them, and if the said commissioners shall be satisfied that the facts alleged in said statement are substantially true, that the proposed plan of distributing said property is fair, and that the bond is sufficient, they shall authorize the auditor to issue a license to said applicant, authorizing him to dispose of the said property by lot or distribution in accordance with the plans set forth in said statement.

SEC. 4. Before the sale of any shares or tickets by said person or agent, he shall execute a deed of all his right, title and interest in and to the said described property, to some disinterested person designated by said county commissioners, as a trustee, who shall hold said property in trust for the purchasers of shares or tickets, and who shall convey the same to the persons who become entitled thereto respectively, according to the plan of distribution set forth in said statement. Said trustee shall also receive said ten per cent. of said net proceeds, and without delay pay the same to E. P. Boyles, George Taylor and S. R. Geddis of Yakima county, and Jeremiah W. Borst and Rufns Stearns of King county, who are hereby constituted a board of commissioners to superintend the expenditure of all moneys realized for the benefit of said road, under the provisions of this act.

SEC. 5. Said wagon road shall be constructed from Snoqualmie prairie in King county to a point at or near the south end of lake Kichelas in Yakima county, said road to be opened at least 30 feet wide, and all grades to be at least fifteen feet wide, and said road being part of a Territorial road from Seattle to Walla Walla.

SEC. 6. Said commissioners shall qualify by taking an oath to faithfully perform their duties, and before receiving any money shall also execute a good and sufficient bond to be approved by the governor, conditioned for the faithful discharge of their duties and the faithful disbursement of all moneys that come into their hands according to the provisions of this act.

SEC. 7. Whenever the sum of five thousand dollars shall have been realized, said commissioners shall meet as soon as practicable at the house of Jeremiah W. Borst, on Snoqualmie prairie, and after having been duly qualified as provided in section six, shall proceed to view and locate a road between the two points named in the first section of this act, by the nearest practicable route.

SEC. 8. After locating said road, the commissioners shall advertise for proposals for the construction of said road, either in whole or in sections; and the contract shall be let to the lowest responsible bidder, the commissioners reserving the right to reject any or all bids. Said notice to be given in one newspaper in Walla Walla city and one in Seattle for two or more consecutive weeks.

SEC. 9. Before entering into any contract for the construction of the whole or any part of said road, the contractor shall enter into bond with the Territory of Washington in a sum not less than double the amount of his bid for the faithful performance of the terms of his contract.

SEC. 10. Said commissioners, after being notified by the contractor, of the completion of his contract, shall examine the road or section thereof, and, if found to fulfill the terms of the contract, they shall cause to be paid to the said contractor the amount due by the stipulations of his contract.

SEC. 11. Said commissioners shall receive for their services the sum of two dollars for each and every day actually employed, to be paid out of the funds in their hands.

SEC. 12. The governor has power to fill any vacancy that may occur in said board of road commissioners by reason of death, resignation, removal from the Territory or failure to qualify on the part of any of said commissioners.

SEC. 13. Said commissioners shall make and deliver to the governor a full and complete report of their doings under this act semi-annually, in the months of March and September of each year.

SEC. 14. If the person to whom the license is granted shall fail to pay the ten per cent. of the net proceeds as provided in this act, the said road commissioners may maintain an action on his bond in a court of competent jurisdiction for the recovery of the amount due, with interest and costs of suit.

SEC. 15. All acts and parts of acts in any manner conflicting with the provisions of this act be and the same are hereby repealed.

SEC. 16. This act shall take effect and be in force from and after its passage, and shall remain in [force] for the period of two years and no longer, and shall apply only to the counties of King and Yakima.