Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1832-05-04


continued railroad from Richmond, then thoy shall
construct Il rail road from the lido water at Rich
mond, following the course of James river beyond
the Blue Ridge, n thence by the most convenient
route to the kanawha river, terminating either nj
the mouth Of that river or at some otser convent.
ca! point below the great falls, at convent
cnt point on the Dhie river. And for the accom-.
mediation OF the trade both sides Of James river
they shall cNtond proper arms of tho road a-rors
the river TO all towns, and other convenient
of deposit on the opposite shore thereof.
70 If the western termination of tho railroad
should he at any p"in, of the kanawha above it's
mouth, then tho navigation of tho Kanowha river
from thence 10 the OHIO shall DO improved by lock-
and dams or otherwi Use, that at all seasons OF
the year it may be conveniently aud safely naviua
ted by steam boats of not loss than ono hundred
tons burCen.
2I The works hereby required Of the James river
and kanawha company shall be executed with dill.
igence, and if they be not commenced within two
years after the passing of this act, and finished
within twelve years af,cr the first general meeting
of :hc stockholders, then their charter shall he for
iciIcd aud all the works of the company with the
lands on which they are situated and all the rights
privileges and inmuniticS hereby granted to them
shall be vested i'll tho present James river company
for the benefit of the commonwealth, and in that
event the present James river company, shall be
regarded to all ntcnts and purposes as the success
orS OF tho company herby incorporated, in ma
ner, however, liable for any debts which they may
have contracted entitled to any part their per
sonal property.
2S. If the capital Of five millions Of dollars shall
be found insufficient to complete the works reQuir-
ed Of the company, they shall be at liberty To en-
large their capital to any amount which may be
found necessary to that cad. The commonwealth
shall be AT liberty to take two flhs of the addi-
tonal capital or any portion thereof aud the other
stockholders to take The residue. So muc! thore-
OF as shall rot be voluntarily taken by INC
monwealih and the other stockholders, may DO rails
cd by opening new books, and receiving new sub
scrIptl0ns, under the superintendent and control
OF the president and directors The additional cap
nal shall DC taken in whole shares Of an hundred
dollars cach and the subscribers, their Successors,
heirs and assigns, shall be thcnceforth to all in
tents and purposes, members of the company in like
manner as if they had been subscribers to the orig
nal cap,a and shall, in like manner, be com
PEELED 20 pay the amount of ;her subscriptions up
on the rcquisition of the president and directors
be subject to all the burdens and entitled to all the
privileges of the original subscribers.
% The President and Directors, their officers
agents and servants, shall have full power and au-
thorty to enter upon all lands and t,ncmcnts
through which they may desire to conduct their
road or canal, any feeder of the canal, or
against which they may desire to abut any dam;
and to lay out their road, canal, feeders and abut-
menis according to their pleasure, that neither
the dwelling house, yard garden, nor curtilugc of
any person be invaded without his consent. They
shall describe by certain limits the land which they
desire to occupy for the purposes aforesaid, and
as sites for toll houses, warehouses, stabes, 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: PrOrided, That
the lands so laid out the general line of tho
road, canal its feeders, shall exceed ono hun
dred feet III width, that the adjoining land for the
sites of buildings, shall not exceed one in
any one parcel hundred acres in the
WHOLE and that the land fer abutment
l1I mo lpNy
ful for the President and directors to pur-
chase and hold tile land so laid out, or any part
thereof And if they cannot agree with the
owner on the terms of purchase it shall be lawful
for them to apply to the court of the county in
which such land or the greater part thereof may
lie, and upon such application the Court shall APP
point five discreet, intelligent, diSntcrcsted and
impartial freohodcrs, to the damages to the
owner from the condemnation of his land for the
purposes aforesaid. No such appointments how
cvor shall be made, unlcss ten days previous no.
ticc of the application shall have been given to the
owner OF the land, or to the guardian if the own
or be an infant, or to the Committee, the owner
being non c0mDOS meHtiS, If such owner, guardian
or committee can be found within the county; or
If 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 convc.
nicnt as may be to the courthouse of tho county,
and shall have been posted at the door of the court
house, on the first day at least of the next prccc
ding term Of the said court. \ day for the meet
ing of the SAID ircehodcrs to perform tho duty as
signed thcm SHALL be designated in the order ap
pointing them: and any one more of them at
tending on that day, may adjourn from time t.
time, until their business shall be finished. OF the
lyc freeholdcrs so appointed any three moro
OF ;iem may act after having boon duly sworn oil
so!cnnly affirmed before some Justice ofthc peace
that they will impartially and Justly to the best
OF their ability, ascertain the damages which will
be sustained by tho proprietor of the land from the
conformation thereof, for the use of the Compa.
ny, and that they will truly certify their proceed
mgs thorcupOn, to the court of the said county.
30. 1t shall be the duty of the said frceholders
in pursuance of the order appointing them, to as
scInblc 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
the damages which the proprietor OF the land vii
sustain, by the condemnation thereof for the use
of the Company. In performing this duty, they
shall consider the proprietor of the land as being
the owner of the whole fee simple interest therein
they shall take into consideration the quantity and
quality of the land to be condemned, the addition
al fencing which will be required thereby, and al
other Inconvenience which will result TO the pro-
prlctor 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 or canal, for the use OF
which his land is condemned.
81 When the said ircchodcrs shall have agreed
upon inc amount OF damages, they shall forth
with make n written report of their proceedings
under their hands and seals in substance as fol.
Ioweth; 1--WE, trcchoIdeTs, appointed by an
order of the county court of for the purpose
Of ascortaining the damages which would be sus.
tanned by the proprietor of certain lands in
the said county, whic! thc President and Directors
of the James River aud Kanawha Company pro.
pose to condemn for their use, do hereby certify,
that VIC met together on the land aforesaid on
the day Of the day appointed therefor
l.. 81.
regularly adjourned, from the day appointed for
our meeting by the said ordcrl and tint hnvinr