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

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if the said report shall be disairmcd, if the said
| frccholdcrs being unable to agree, should report
! thor disagreement, or If from any other cause,
they should fail TO make u report, within reason
able time after their appointment, the court may
ut IL, discretion rs often rs may be necessary,
perscdc them, or any of them, appoint others in
their stead and direct another view and report to be
made, in the manner above prescribed
%. On the confirmation Of any such rlpert,
and on the payment or tender to the proprietor OF
the land, of tho damages assessed, or the pay
mcnt OF the said damages into court, when for
! good cause shcwn, tho court shall havo ordered
It, the land viewed and assessed aforesaid, shall
DO vested in the James River and kanawha Compa
n.y. in tho same manner as if tho proprietor had
| sold and conveyed 1t to them.
81. While these proceedings depending for
| the purpose of asccrtaining tho 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
torcst of the company requires it, may by them
selves their officers, agents and servants enter up
the lands laid out by thom aforesaid, and
| which they desire to condemn, and apply the
| to the of the company. If when they so tako
possession, proceedings to ascertain the damages
rs aforesaid shall be pending it shall be their duty
| diligently to prosecute them to conclusions or if
none be then pending they shall without delay in
stitutc them and diligently prosecute them to a
conclusion And when the report of the freehold
crs asccrtaining the damages shall be returned and
confirmed, the court shall render judgment in IA
| Nor OF tnc proprietor OF the land Tor The amount
thereof, ana either compel its payment into court,
or award process of execution for its recovery as
| to them shall seem right.
35. In the mean time no order shall be made and
no injunction shall be awarded by any court or
Judge to stay the proceedings of tho company in
the prosecution of their works unless it be mani
Test that they, their officers, agents servants
transccnding the authority given them by this act,
and that the ncrpostion of the court is necessary
to prevent injury that cannot DO adequately com
pcnsatcd in damages.
80. If the president and directors shall take pos
session Of any land before the same shall have been
purchased by them or condemned and paid for ac-
cordng to the provisions of this act and shall fail
tor forty days to institute proceedings for its con-
demnation aforesaid, shall not prosecute with
due diligence tho proceedings commenced for that
purpose, 1t shall he lawful for the proprietor of the
land giving to the said president and directors
or any one of them, 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
te!hgent, disintcrested and impartial frccholders
to assess the damages to the owner from the con-
dcmnation of his land for the use of the company,
shall appoint day for their meeting perform the
duties assigned them, and shall dismiss at the
costs on the company any proceeding then depend
| ing on their behalf for the condemnation of the
SAID land. The trecholders appointed, any
three or moro 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 disafirm their report supersedc them or
any OF thcn and appoint others in their stead or
direct another view and report to be made as often
as may be necessary. And when any such report
aScertainlng the damages shall be confirmed the
court shall render Judgment in favour of the propri
etor for the damages assessed, and double costs
and shall thcrcupon, either compel the company to
pay INTO court the damages and costs so adiudpcd
or award process of execution therefor 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
scsScd, shall be vested in the company in the same
manner as if the proprietor had sold and conveyed
! 1t to them.
IS The said president and directors, for the
purpose OF constructing their canals, feeders dams
ana railroad aforesaid, and the works necessarily
connected thcrcwlth, or of repairing the same after
lhcy shall have been made, of charging or other
wise altering or repairing their canals and other
works now in existence, shall be at liberty by them
serves, their officers, agents or servants, at any
Time TO enter upon any adjacent lands and to cut
quarry, dig, take and carry away thercfrom, any
wood, stone, gravel or EARTH which they may deem
necessary: Prouded, ho,uerer, that they shall not
without the consent of the owner, cut down any
trut tree or any tree preserved in any field or lot
Tor shade or Tor ornament, take any timber era.
vel, stone or earth, constituting any part of any
fence or building. For all wood stone, gravel or
eaTth taken under authority of this act, and for
incidental injuries done to the Enclosures crons
woods or grounds, in taking carrying the same
away, the SAID president and directors Shall NAL q
10 The owner fair and reasonable compensation
to be nscertaincd, if the parties cannot agree by
any three impartial, intelligent and disintercstcd
iFccholderS, 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 own view of
me wood stone, gravel or earth TAKEN and of the
INJURY done as aforesaid in taking them.
30. II the said president and directors, in enter.
ing upon the land of any person under the author.
ity OF tins act, for the purpose of laying out or
constructing charging, altering repairing any
OF their SAID works, shall, by themselves their fiji
GERS, agents or servants, do any wanton or vii
iul injury to such land its appurtcnanccs or to
the crops growing or gathered, or to any other pro-
perty thereon, the James river and Kanawha com
snail pay to the person Injured, double the
amount of the damages which shall be assessed b,,
| dJury IN any proper action therefor.
| 40. When the works Of the said company shall
/ cross any public road now established or hercac
ter to TO established it shall be the duty of the
! James river and kanawha company to provide, as
lar as possible that no obstruction 10 the convent
cnt transportation ofpcrsons or property alonr such
ROAD, shall be opposed by their works; and 10 this
/ end, they shall always maintain in rood no
! PAIR proper bridges upon their canals, and pro-
| per passways across their railroad wbere thn
PuDilc roads cross them. Whcnsoe 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 poss,y,ve
across their works, from part of his land to the
other. And if, by the enlargement or alteration
OF the canals now in existence, any bridge there.
/ on, which the present James River and Kanav,ha
Company is bound to maintain for the usc 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 adj
joining lands may sustain dctrimcnt.
Al. The General Assembly will be at full Thor
ty, at any time hereafter, to authorize anv other