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

OF deposit on the opposite shore thereof.
| 20. III the western termination the railroad
should be at any point OF the Konawha above its
mouth, then the navigation Of the Kanawha river
from thence 10 the Ohio shall be improved by locks
| and dams or otherw Use, that at all seasons of
the year 1T may be conveniently and safely naviga.
Ted by steam boats of not less than one hundr red
| tons burCen.
/ u. The works hereby required Of the James river
and kanawha company shall be executed with dill.
| igencc, and if they be not commenced within two
years after the passing of this act ond finished
within twelve years after the first general meeting
OF tho stockholders then their charter shall be for
| fcited, and all the works Of tho company, with the
lands on which they situated, and all tho rights,
! privileges and immunitcs hereby granted to them
shall be vested in tho present James river company
Tor the benefit of the commonwealth, and in that
event the present James river company, shall be
regarded TO all intens and purposes the SUCCESS
| ors OF the company herby Incorporated, in man.
ner, however, liable for any debts which they may
have contracted entitled To any part of their per-
sunal property.
%. Ii the capital of five millions of dollars shall
be found insufficient to complete the works requir-
ed oil the company, they shall be at liberty to
large their capital to any amount which may be
found necessary to that end. The commonwealth
shall he ut liberty to take two tifths of the add-
tional capital or any portion thereof, and the other
stockholders to take the residue. So much there.
of, shall not he voluntarily taken by !he COM
monwealth and the other stockholders, may be rails
cd hy opening new books, and receiving new sub.
scrptions, under the superintendent and control
OF the president and directors. The additional cap
ital shall be taken in whole shares of an hundred
dollars each; and the subscribers their SUCCESSORS,
heirs and assigns, shall DC thcnccforth, to all in
tents and purposes, members of the company in like
manner If they had been subscribers to the orig.
nal capital and shall, in like manner, be com.
PEELED to pay the amount of their subscriptions, up
on the rcqnsi'ion of tho president and directors,
be subject TO all the burdens, and entitled to all the
privileges of the original subscribers.
Direc hcir off
agents and servants, shall have full power and
thority to enter upon all lands and tencments
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-
ments according to their pleasure, that neither
the dwelling house, yard, garden, curtilage of
any person be Invaded without his consent. They
shall describe Ivy 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 for the protection of the
property entrusted to their care: PrOridcd, That
| the lands so laid ont OH the general line of the
road. canrl or its feeders, shall exceed one hun
drcd feet in width that the adjoining land for the
! sites of buildings, shall not exceed in
any one parcel, one hundred acres in the
whole, and that the land for an abutment
shall not exceed one acre. 1t shall be law
fnl 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, ii shall be lawful
| tor them to apply to the court of the county i'll
which such land or the greater part thereof NAV
lie, and upon such application the Cour. shall ap-
point five discreet, intelligent disintercsted and
impartial frecholdcrs, to the damages to the
owner from the condemnation of his land for the
purposes aforesaid. No such appointment, how
ever shall he made unless ten DAYS previous no.
tee OF the application shall have been given to the
owner of the land, or to the guardian if the
er be an infant, or to the Committee, the
being MN r0mp0s 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 month next
preceding IN some newspaper printed convc-
nlcnt as may he 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. day for the meet
ing of the said trceholdcrs to perform the duty
signed them, shall be designated in the order APP
pointing them: and any one more of them at
| tending on that day, may adjourn from time to
time, until their business shall be finished OF the
hve ireehoders so appointed any three more
of them may act after having been duly sworn or
solcmnly affirmed before Justice of the peace
that they will impartally and 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 of the Compa-
ny, and that they will truly certify their proceed
mgs thcrcupon, to the court of the said county.
80. 1t shall be the duty of the said frceholder.
IN pursuance of the order appointing them to as
semble on the land proposed to be condemned, and
alter 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 will
| 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 all
other Inconvenience which will result to the pro-
prietor from the condemnation thereof, and shall
combine Herewith Just regard to the advantages
construction of the road canal, for the use of
which his land is condemned.
81. When the said frceholders 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-
lowcth: awe, frceholdcrs appointed by an
order of the county court of for the purpose
OF ascertaining the damages which would be sus-
tanned by 1.-The proprietor of certain lands in
the said county, which the President and Directors
of the Jamcs River and kanawha Company pro-
pose to condemn for their use do hereby certify.
that we met together the land aforesaid, on
the day of the day appointed therefor
by the said ORDER Tor the day to which we were
regularly adjourned, from the day appointed for
our meeting by the said order and that having
been first duly sworn, and having viewed the pre-.
misses, we proceeded to estimate the quantity and
quality Of the land aforesaid, the quantity of add
tional fencing, which would probably he occasion
ed by It's condemnation, and all other nconvenien
ces which seemed to us likely to result thcrefrom
to the proprietor of said land: that we combined
with these considerations, far as we could 4
Just regard to the advantages which would be deri-
we'd by the proprietor of the said land frnu, tb,