Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1832-04-10

thcy shall extend proper arms OF the road
the river, to all towns, and other convenient places
OF deposit on the opposite shore thereof.
26. If the western termination of tho raj. road
should he ut any point of the kanawha above it's
mouth, then the navigation OF the kanawha river
from thence the Ohio shall be improved by locks
and dams otherwise, that at all seasons of
the year it may be conveniently aud safely navig,
ted 10y steam boats of not less than one hundred
toms burGcn.
81. The works hereby required Of the James river
and kinawha company shall be executed with dill.
igencc, and if they be not commenced within two
years after the passing of this act, and finished
within twelve years after tho fist general meeting
o. ;hc Stockholders, then their charter shall he for
iri'cd, and all the works of the company with the
lands which they situated, and all the rimh,s
privileges and immuntics hereby granted to them
shall be vested in the present James river conpanv
for the benefit ofthc commonwealth, and i'm tia,
c"cnt tho present James river company shall he
regarded TO all iutcnts and purposes as tho
o's OF the company hcrby Incorporated, in TO man.
nor, however, liable for any debts which they NAV
have contracted. entitled to any part of their per-
sonal property.
%. Ii the capital Of five millions of dollars shall
he found insufficient to compcte the works reouir
cd OF The company, they shall be at liberty TO en-
large their capital to any amount which NAV he
fou"d necessary to that cad. The commonwealth
shall be at liberty to take two ffths of the addi
hona capital or any portion thereof, and the other
stockholders to take the residue SO much there
of, as shall not he voluntarily taken by .he COM
monwealth and the other stockholdors, may be rails
cd nv opening new books, and receiving new sub
scrptlons, under the superintendent and control
of president and directors. The additional cap
i,a! shall be taken in whole shares of an hundred
dollars each and the subscribers, their SUCCESSORS
heirs and ass gnS, shall be thcncetorth To all in.
tents ana purposes, mcmbcrs of the company in like
manner as if they had been subscribers to the org-
nal capital; and shall, in like manner, bo corr.
PEELED TO pay the amount of their subscriptions up
ion of tlp
be subject TO all the burdens and entitled all the
privileges OF the original Subscribers
%. The President and Directors, their officers,
agents and servants, snail have full power and
thorty to enter upon all lands and tencmcnts
through which they may desire to conduct their
road or canal, any feeder of the canal
against which they may desire to abut any dam;
and to lay out their road, canal feeders, and abut
ments according to their pleasure, so that neither
the dwelling house, yard, garden, curtilagc of
any person he invaded without his consent They
shall describe by certain limits the land which they
desire to occupy for the purposes aforesaid, and
such contiguous land as they may desire to occupy
as sites for toll houses, warehouses, stables, and
other buildings, for the necessary accommodation
OF their officers, agents and servants their horses,
mules, and other cattle, x for the protection of the
property entrusted to their care: Provided, That
the lands SO laid out on ,he general line of the
road, canal or It's feeders, shall not exceed hun
drcd feet in width, that the adjoining land for the
sites of buildings, shall not exceed acre in
any one parcel, hundred acres in the
whole, and that the land for an abutmcnt
shall not exceed one 1t shall be law
full for the President and directors to pur-
chase and hold the land so laid out, or any part
thereof. And If they cannot agree with the
owner on the terms of purchase, il shall be lawful
tor them to apply to the court of the county in
which such land the greater part thereof NAV
lie, and upon such application the Court shall APP
point five discreet intelligent, disnterested and
impartial frechodcrs, to assess the damages to the
owner from the condemnation of his land for the
purposes aforesaid No such appointment how
ever shall be made, unless ten days previous no.
ticc of the application shall have been given to the
owner of the land, to the guardian, if the own
er he an infant, to the Committee, the owner
beng non c0mpOS mentiS, If such owner, guardian
or committee can be found within the county; or
II he cannot be so found, then such appointment
shall not be made, unless notice of the application
shall have been published at least one month next
preceding In some newspaper printed as conve.
nlcnt as may be to the courthouse of the county,
and shall have been posted the door of the court
house, on the first day at least of the next prece
ding term of the said court. A day for the meet.
ing OF the said trceholders to perform the duty
signed them shall be designated in the order APP
pointing them: and any one or more of them at
tending on that day, may adjourn from time to
time until their business shall be finished OF the
hive trccholdcrs so appointed, any three or more
OF them may act after having been duly sworn or
soicmnly affirmed before some Justice ofthc peace
t'l,I 'cy VIII llpartlally ana Justly To the best
OF their ability, ascertain the damages which will
be sustained by the proprietor of the land from the
condemnation thereof, for the use of the Compa
ny, and that they will truly certify their proceed
mgs thcrcupOn, to the court of the said county.
30 1T shall be the duty of the said frecholders
In pursuance of the order appointing them, TO as
scmblc on the land proposed to be condemned, anc
after viewing the same and hearing such proper
evidence as either party may offer, they shall as
certain, according to the best of their Judgment
n al ,i.l yl,,,,,
sustain, by the condemnation thereof for the use
OF the Company. In performing this duty, they
shall consider the proprietor of the land being
the owner of the whole fee simple interest therein:
thcy shall take into consideration the quantity and
quality OF the land To be condemned, the addition.
al fencing which will be required thereby, and all
other inconvenience which will result to the pro.
prletor from the condemnation thereof, and shall
combine Herewith just regard to the advantages
which the owner of the land will derive from the
construction of the road canal, for the use OF
which his land is condemned.
3l When the said frccholdcrs shall have agreed
upon the amount of damages they shall forth
with make written report of their proceedings
under their hands and seals, in substance as fol-
ioweth: ave, frccholdcrs, appointed by an
order of the county court of for the purpose
OF asccrtainlng the damages which would be sus-
tanned by the proprietor of certain lands in
the SAID county, which the President and Directors
OF the James River and Kanawha Company pro-
pose to condemn for their use, do hereby certify,
that we met together the land aforesaid, on
,he day OF the day appointed therefor
by the said order, (or the day to which we were
regularly adjourned, from the day appointed for
our meeting by the said ordCr) and that hayinr
been first duly sworn, and having viewed the pre-
miScs, we proceeded to estimate the quantity and
quality of the land aforesaid the quantity of add
tiondl fencing, which would probably be occasion
go ny ts condemnation, and all other inconvcnic1-
cos which seemed to us likely to result thcrcirom
10 tho proprietor of said land: that we combined