Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1832-05-11

Al
tey cannot agree with the owner the terms OF nun,
chase IL shll be lawful to- them to apply Il, the cout
OF the county in which slch land the greater p,tt
mereo may lie, and upon such application he cont
shall appoint FIVE discreet, intelligent dsintsre ted and
impartial ireeh0d-s assess the damages o ia. owner
from ne condemnation Of his land Tor the purposes aor
said. No such appointment, however, shall be made,
uni So ten days previous notice oil the application shall
nave been given to the The land or 10 he guar
udn' 'he owner be an infant, or TO the Copmtiee the
owner being cOmDOS meRtiS If such Owner gu,'l,n
or committee can be found within tire county; or he can
moi be so found then such appointment shall not he made
unless uolce OF the appca ion shall have been Published
al least one month next preceding in some new.psper
Pheu as convenient as nay be 10 the courthouse Il the
county, aud shall have been sed at the door Of The
coNr house on the hrsi day Least OF the next preceding
ern oil the sa'd count. day for The meeting OF tho
sa'd reehoiiers TO perform the duty assigned them shall
De designated IN the order appointing them; aud nv one
OF more oil tem attending on that day, may adjourn from
'"e 10 me unu their business shall he finished or he
h'e eehoders 30 appointed three more OF them
may act aer having been duly sworn or ,o!emnly firm
eu before some justice OF the peace. THAI they will nn
partially and justly, TO the best OF their ability ascertain
me damages which vi be sustained by the nrope, Tor of
me aud from the condemnation lhere0t for the use nj
me company and that they viii truly certify their pc-
&C ing thereuPont TO the court OF the said county
~ IL s'a be 'he duty OF the said eebollsrs in mr.
suAuce OF the order appointing them 10 ,.ss,,b a. t
land proposed 10 be condemned, ami after ,o,yi, a. ~
",, ".C "o"l'ns suTl proper evidence either par
OF thei Judgment, the damages which The nrC,si,. :
the lard will sustain by the condemnation thereon ~,
sigl
consider the proprietor OF the land being the owner of
the whole Zee simple interest therein: they shall take i'm.
10 consideration the quantity and qualify OF he land TO
be condemn d, the additional fencing which will be re-
qured thereby aud all other ncOnvrni .nces which will
result 10 the proprietor from the condemnation thereof
and shall combine herewith lust regard 10 the adv,ut,
ges which the owner OF the land VIII derive from tie
construction OF the road canJ, for the use OF which
his land is condemned.
81. When he said reeholders shall have agreed unon
the amount OF damages, they shall forthwith make a
writ IN report OF heir proceedings under their hands and
seals, IN substance a. o'owejh e We treeholI,rs
appointed by au order Of The county court of for Inc
purpose OF ascertanns the damages which would be ss
tanned by tie proprietor OF certain lands in the
said county, which the President and Directors of the
James River nd Enlwha Company propose 10 con-
denim ior tneI use DO hereby certify, that we
gether on the land aforesaid. ON The dav OF
the day appointed therefor by he sail order or he d,v
to which we were gIJsl} adjourned, om the I,y an
pointed for our meeting by the said orler aud that havnr
beep hTs duly sworn, and having viewed die nrrioi.a
proceeded 10 estimate The qrlniv aud quality ot the
land aio csdid the quantity OF additional fencing which
would ohahly be Occas ned by is cOlds NINA ion and
al other Inconvenience which seemed 20 us likely n re-
suit thereiron 10 the proprietor OF said land that we
combined wit these considerations, as far as we could
Jus regard 10 the advantages Which would be derived by
the prOp,ie O the sd land from he construction If
the railroad Coz canaD for the OF which The saI land
Re TO he condeHned that un'er the influence OF these
cons eratios We have es'maed and do hereby assess
th- damages Aforesaid, at tie sum OF Given I'M
der oar hands aud seals, this day of =" At
The loot oil the report so made the magistrate before
whom the sad eehollers were sworn, shalt make a GER
Uicaie, IN substance follows: county sci. :
jisd"a % 'ie peace Tor sid county, do hereby
certify, that tie above named i,cehodtis, before they
executed cir duties rs above certified. were soepnv
sworn Tor aijrm,d) fore me, that they would impair.
tally and justly to the hest OF their ability, ascertain the
damages which would be sustained by the above named
from the cond -mnadon of The aforementioned
land, for tie OF the James River and Kanawha Com.
pany, snd hat they would ety ruy their proceedings
hereupen, 10 the court OF the said county Given under
my hand, lhis day Of ="
%. lac report OF the reeholders so made together
with the certificate of the magistrate Aforesaid shall he
forthwith returned by the said ireehoders the court
OF the county; and unless good be shcwu against
the report II shall be confirmed by the court, and en-
tered Of record: but il the sid report shall be dsam-
ed, or il the said ireeholders being unable TO az ce
should report their Engagement, il Gor, any other
cause, they should fail to make report wi hin easona-
bile time alter their appointment, the court may at i,s
discretion as often asLay be necessary, supersede them
any of hem, appou others in their stead direct
ano her view a"d report 10 be made, IN tie above
prescribed.
81. On tha confirmation Of any such report and on the
payncn or eIdcr 10 the proprietor OF the land of the
assessed the payment of the said damages
INTO court when for good shewn, the cOur shall so
nave ordered the land viewed and as aforesaid
shall he vested in the James River and Kanawha Com
pany, in The the proprietor had sold and
conveyed il TO hem.
81 While these proceedings depending for the
purpose OF ascrraiHng the damages the proprietor Tor
the condemnation OF his lard, and before they shall
have been instituted the President and Directors il thew
hy themselves, their officers, agents and servants enter
upon the lands laid out by them aforesaid and which
they desire 20 condemn and apply the the Uses of
the company IT, when they take ssion proceed
Jugs 10 ascertain The damages aore said shall be pend
iug, it shall be their duty dig ny prosecute hem
conclusion; or, ii none be then pending, they shall
without delay, institute them, and diligently prosecute
them conclusion And when the report of the free
fraf a. ritfr. fint -