Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1832-04-10

and on the payment or tender to the proprietor OF
the land. of the damages assessed, the pay
mcnt OF. tho said damages into court, when for
GOOD cause shcwn the court shall have so ordered
it, the land viewed and assessed aforesaid, shall
he vested in the James River and kanawha Compa-
ny, i'll the same manner as If the proprietor had
sold and conveyed IL to them
81 While these proceedings depending for
the purpose of asccrtGiuiug the damages TO the
proprietor for the condemnation OF his land, ana
cyon before they shall have been instituted, the
president and directors, Il thCy think that the in
tcrcSt of the company requires II, may by them
selves their officers, agents and servants enter up
on the lands laid out by Thorn aforesaid, and
which they desire to condemn, and apply tho same
TO tho uses of the company. LII when they so take
possession, proceedings to ascertain the damages
as aforesaid shall be pending, it shall he their duty
diligently To prosecute them to conclusion; or if
none be then pending they shall without delay in
sttutc them ana diligently prosecute them to a
conclusion. And when the report ofthe freehold
crs asccrtainng the damages shall he 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
to them shall seem right.
49, In the mean time order shall be made and
no Injunction shall be awarded by any court or
Judge to stay the proceedings of the 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 intcrposton of the court is necessary
to prevent injury that cannot be adequately COM
pcnsatcd in damages.
80. If the president and directors shall take pos
session of any land before the shall have been
purchased by them or condemned and paid for
cording to tho provisions of this act and shall fail
for forty days to institute proceedings for its
dcmnatIon aforesaid, 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 lic and upon such
application the court shall appoint five discreet in
tclligcnt, disintcrestcd and impartial froeholders
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 to perform the
duties assigned them, and shall dismiss at the
costs OF the company any proceeding then depend
ing on their behalf for the condemnation of the
SAID land The frecholdcrs 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-
firm or dsailirm their report, supersede them or
any OF them, 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
asccrtaning the damages shall be confirmed the
court snail render Judgment in favour of the propr-
clor Tor the damages assessed, and double costs,
and shall thcreupon, either compel the company to
pay INTO court the damages and costs so adiudged
or award process of execution therefor as to them
shall seem right.
81. When the judgment rendered for the DANA
gcs 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
sessed, shall be vested in the company in the same
manner as If 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, or of repairing the after
they shall have been made of charging or other
wise altering repairing their canals and other
works now in existence, shall be at liberty by them
selves, their officers, agents servants, at any
time to enter upon any adjacent lands and to cut,
quarry, Dig take and carry away therefrom, any
wood, stone, gravel or earth, which they may deem
necessary: PrOUided, houerer, that they shall not
without the consent of the owner, cut down any
trult tree, or any tree preserved i'll any field or LOT
ior 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
earth taken under authority of this act and for all
incidental injuries done to the Enclosures crops
woods or grounds, in taking carrying the same
away, the said president and directors shall make
to the owner a fair and reasonable compensation,
to be asccrtaincd if the parties cannot agree, by
any three impartial, intelligent and disinterested
treeholders 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 the compensation upon their own view of
the wood, stone gravel or earth taken and of the
injury done aforesaid in taking them
81 II the said president and directors in enter
ing upon the land of any person under the author
NY oi inns act, Tor the purpose of laying out or
constructing, charging, altering or repairing any
oil their said works shall, by themselves their Off
r GERS, agents or servants, do any wanton or will
tul INJURY to such land its appurtenances or to
the crops growing 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 Inv
a jury III any proper action therefor
4U. When the works of the said company shall
cross any public road, now established or hereac
ter to be established it shall be the duty of the
James river and kanawha company TO provide nc
lar as possible that obstruction to the convent
ent transportation of persons or property alono
road, shall be opposed by their works; and ia this
end, they shall always maintain. in good re
PAIR proper bridges upon their canals, and pro.
per Passways across their railroad, where the
public roads them. Whcnsoe,cr thcir
works shall be conducted through the lands of an,
one without his consent, it shall be their dutv to
provide for him safe and convenient passwavs
across their works. from one part of his land to Tho
other. And if, by the enlargement or alteration
OF the canals now in existence any bridge there.
on, which the present James River and Kanawba
Company is bound to maintain for the use of tho
owner OF the adjoining lands, should be DESTROYED
or injured, the new Company shall, without DELAY
rebuild or repair it, so that the owner of the adj
joining lands may sustain no detriment
A. The General Assembly will be at full liber
ty, at any time hereafter to authorize any other
railroad TO he joined to the railroad of the James
River and Kanawha Company, or be conducted
across IT, on such terms may be lust, and in
such manner as not to injure the works of the
~,~ames River and Kanawha Company, or obstruct
tac use of their road.
~. The present improvements on James river
+ he kppf in