Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1832-05-15

ccs which seemed to us likely to result thcrefrom
to the proprietor of said land: that we combined
with these considerations rs far as we could, u
lust rcgard't the advantages which would be deri
we'd by the proprietor of the said land, from the
construction of the railroad (or canal r the
of which the said land is to be condemned: that
under the influence Of these considerations, we
have estimated, and do hereby the damages
| aforesaid, at tho sum oil Given under our
hands and seals, this day oil - AT the
foot of the report so made, the magistrate before
whom the said frccholdcrs were sworn, shall make
certificate, in substance as follows:
county, set |, justice of the peace for said
county do hereby certify, that the above named
frcchodcrs before they executed their duties rs
above certified were solcmnly sworn (or aihrmed)
before me- that they would impartally and Justly to
the best of their ability, ascertain the damages
which would be sustained by the above named
from the condemnation of the abovcmenton- !
ed land, for the of the James River and ka-
| nawha Company, and that they would certify tru-
ly their proceedings thcrcupon, to the court of the
said county. Given under my hand, this
| day of :"
! 80 The report of tho frccholdcrs made, to-
gcthcr with the certificate of the Magistrate as
aforesaid shall DO forthwith returned by the said
frcchoders to the court of the county; and unless
good cause be shcwn against the report it shall be
confirmed by the court, and entered of record: but
if the said report shall he disalrned, if the said
| trcchodcrs being unable to agree, should report
| thor disagreement, or if from any other cause,
they should fail to make report, within reason
able time after their appointment, the court may
at its discretion, often may be necessary, SUI
pcrscde them, 0any of them, appoint otheH in
their stead and direct another view and report to be
mado, III the manner above prescribed
81. On tho confirmation of any such report
and on the payment tender to the proprietor Of
the land OF the damages assessed, the pay
nent OF the said damages into court, when for
good cause shcwn, tho court shall have ordered
1T, the land viewed and assessed aforesaid, shall
be vested iii the James River and kanawha Compa-
ny, IN the same manner as if the proprietor had
sold and conveyed it to them.
81. While these proceedings depending for
| the purpose of asccrtaining 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 it, may by them
selves, their officers agents and servants enter
on the lands laid out by them aforesaid, and
which they desire to condemn, and apply the same
TO the uses OF the company. If when they take
possession, proceedings to ascertain the damages
as aforesaid shall be pending il shall be their duty
diligently to prosecute them to conclusion; or if
none he 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
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
10 them shall seem right.
l o injunction shall be awarded by any court or
Idgc TO stay the proceedings of tho company in
the prosecution of their works unless it be mani
fest that they, their officers agents or servants are
transccnding the authority given them by this act
and that the interpostion of the court is necessary
to prevent injury that cannot be adequately COM
pensated in damages.
50. If the president and directors shall take pos
session OF any land before the shall have been
purchased by them condemned and paid for ac
cordng to the provisions of this act and shall fail
Tor forty days to institute proceedings for its con-
dcmnation aforesaid or 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 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
tclllgent, dislntcrcsted and impartial freeholders
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 perform the
duties assigned them, and shall dismiss at the
costs or the company any proceeding then depend
ing on their behalf for the condemnation of the
SAID land. The freeholders 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-
hrm or disatirm their report, supersede them or
any OF them and appoint others in their stead, or
as may be necessary. And when any such report
ascertanmg the damages shall be confirmed the
court Shail render Judgment in favour of the propr
ctor Tor the damages assessed, and double costs
ana snail thcrcupon, either compel the company to
pay INTO court the damages and costs so adudped
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
tnr wi icl oh Il
sesScd, shall be vested in the company i'm the same
manner as IT 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 be at liberty by them
solves, their officers, agents servants, at any
lme TO enter upon any adjacent lands and to cut
quarry, dig, take and carry away therefrem, any
wood, stone, gravel earth, which they may deem
necessary: PropIded ho'oeUer, that they shall not
without the consent of the owner, cut down auv
fruit tree, any tree preserved in anv field or ot
Tor shade or for ornament, take any timber ora
VEL stone or earth, constituting any part of anv
fence or building. For all wood stone gravel mr.
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 sad president and directors shall mako
TO the owner fair and reasonable compensation
TO be asccrtalncd, if the parties cannot agree bv
any three impartial, intelligent and disintcrested
irceholdors, who, being appointed for that purpose
ny any justice OF the peace thereto required by the
owner, shall be sworn by him, and shall then as
certain tho compensation upon their own view of
inc WOOD stone, gravel earth taken, and of the
injury done as aforesaid in taking them.
81 Ii the SAID president and directors, in enter
lng upon the land of any person under the au hor-
ity of this act, for the purpose of LAYING ont or
constructing, charging, altering or repairing anv
of their said works, shall by Themselves tlcir "a;