Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1832-04-17

Incnt of the said damages into court, when for
good cause shewn, the court shall have ordered
II, the land viewed and assessed aforesaid, shall
be vested in the james River and Kanawha Compa-
ny, in the same manner as if the proprietor had
sold and conveyed 1t to them.
! 81 While these proceedings depending for
the purpose of ascertaining the damages to the
proprietor for the condemnation of his land, and
even before they shall have been instituted, the
president and directors, If they think that the in
tcrest of the company requires 1t, may by them
selves, their Ulcers, agents and servants enter up
on the lands laid out by them as aforesaid, and
which they desire to condemn, and apply the same
to the the company 1t when they SO take
possession, proceedings to ascertain the damages
aforesaid shall be pending, it shall be their duty
diligently to prosecute them to conclusion; if
none be then pending they shall without delay in
stitutc them and diligently prosecute them to n
| conclusion. And when the report of the freehold
ascertaining the damages shall be returned and
confirmed, the court shall render Judgment in ia
vor of the proprietor of the land for the amount
thereof, and either compel its payment into court,
or award process of execution for its recovery as
to them shall seem right
50. In the mean time order shall be made and
no injunction shall be awarded by any court
Judge to stay the proceedings of the company in
the prosecution of their works unless it be mani
fest that they their officers, agents servants
transcendng the authority given them by this act,
and that the nterpostion of the court necessary
to prevent injury that cannot be adequately com
pcnsatcd in damages.
&C. If the president and directors shall take pos
session of any land before the shall have been
purchased by them or condemned and paid for ac-
cordng to the provisions of this act and shall fail
for forty days to institute proceedings for its
demnation as aforesaid, shall not prosecute with
due diligence the proceedings commenced for that
purpose, it shall be lawful for the proprietor of the
land upon giving to the said president and directors
or any one of thcm ten DAYS previous notice. to
apply to the court of the county in which the land
or the greater part thereof shall lie; and upon such
application the court shall appoint five discreet, in
telllgent, dlSnterestcd and impartial freeholdcrS
to assess the damages to the owner from the con-
domination of his land for the use of the company,
shall appoint day for their meeting to perform the
duties assigned them, and shall dismiss at the
costs of the company any proceeding then depend
ing on their behalf for the condemnation of the
said land The freeholdcrs so appointed, any
three or more OF whom may act, shall proceed in
the performance of their duties in all respects in
the same manner as if they had been appointed on
the application of the president and directors of the
company. And the court shall in like manner con-
firm or disatfirm their report, supcrsede them or
any of them, and appoint others in their stead or
direct another view and report to be made often
as may be necessary. And when any such report
ascertaining the DAMAGES shall be confirmed, the
court shall render Judgment in favour of the propri-
ctor tor the damages so assessed, and double COSTS
and shall thereupon, either compel the company to
pay into court the damages and costs SO adiudgcd
or award process of execution therefor as to them
shall seem right.
81. When the Judgment rendered for the DANA
ges assessed and costs, shall be satisfied by the
payment of the money into court, or otherwise the
title of the land for which such damages were as
sessed, shall be vested in the company in the same
manner as if the proprietor had sold and conveyed
it TO them.
SO. The said president and directors, for the
purpose OF constructing their canals, feeders dams
and railroad aforesaid and the works necessarily
connected Herewith, of repairing the same after
they shall have been made of charging or other
wise altering or repairing their canals and other
works now in existence shall DC at liberty by them
selves, their officers, agents servants, at any
time to enter upon any adjacent lands and to cut
quarry, dig, take and carry away therefrom any
wood, stone gravel or earth, which they may deem
necessary: PrOoided, h0Derer, that they shall not
without the consent of the owner, cut down any
frut tree, or any tree preserved in any field or lot
for shade or for ornament, or take any timber gra
vel, stone or earth, constituting any part of any
fence or building. For all wood, stone, gravel or
earth taken under authority of this act, and for all
incidental injuries done to the Enclosures. CROPS
woods or grounds, in taking or carrying the same
away, the said president and directors shall make
to the owner fair and reasonable conversation
to be ascertaincd, if the parties cannot agree by
any three impartial, intelligent and disinterested
freeholders, who, being appointed for that purpose
by any justice of the peace thereto required by the
owner shall be sworn by him, and shall then as
certain the compensation upon their view of
the wood, stone, gravel or earth taken and of the
81. If the said president and directors in enter
ing upon the land of any person under the author
lty OF this act, Tor the purpose of laying out or
constructing, charging, altering or repairing any
OF their said works. SHALL by themselves, their Off
GERS, agents servants, do any wanton or vii.
tul injury to such land its appurtenanccs or to
the crops growing gathered, to any other pro-
perty thereon, the James river and Kanawha COM
shall pay to the person injured, double the
amount OF the damages which shall be assessed by
2 jury In any proper action therefor.
4O When the works of the said company shall
cross any public road, established, or hereaf
ter to be established, it shall BIO the duty of the
James river and Kanawha company to provide, as
Tar as possible, that obstruction to the convent
ent transportation of persons or property along such
road' shall be opposed by their works; and to this
end, they shall always maintain, in good re-
pair proper bridges upon their canals, and pro-
per passways across their railroad, where the
public roads cross them. WheDsoe or their
works Shall be conducted through the lands of any
one without his consent, it shall be their duty TO
provide for him safe and convenient passwavs
across their works, from part of his land TO the
other. And If, by the enlargement or alteration
ol inc canals now IN existence, any bridge there
on, which the present james River and Kanawba
Company is bound to maintain for the use of the
owner OF the adjoining lands should be DESTROYED
or injured, the new Company SHALL without delay
rebuild or repair it, that the owner of the ad
joining lands may sustain detriment.
Al. The General Assembly will be at full liber-
ty, at any time hereafter, to authorize any other
railroad to he joined to the railroad of the james
River and Kanawha Company, or be conducted
across 1T, OH such terms may be lust, and in
such manner as not to injure the works of the
James River and Kanawha COMPANY or obstruct
the of their road.
az. The present improvements on James river
shall, far practicable, be kept in good repair
by the Company, and free for use, on the PAYMENT
OF the tolls now allowed, except so far they may