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

greater part thereof shall lie and upon slch application
the court shall appou, tive discreet intelligent dsnter.
esteh and impartial eehoders to assess the da,nsge o
The owner from the condemnation o. his land Tor the use
OF the company, shalt appoint day aeir meeting, 10
perform the duies assigned them, and shall dismiss al
Tue co,s oil the company, any proceeding then depending
on their behalf Tor the condemnation OF the said land
Inc eeholders 80 appointed, any three of whom
may act shali proceed IN the performance OF their du-
ues IN an respects, IN ihe they had
appointed on he application OF the President and Di.
rectors OF the Company. End the court shall i'm like
manner confirm or dsalrm their report supersede them
or any oil them and appoint Others in their stead or direct
another view and report be made as en- az may be
necessary And wien any such report ascertainng the
damages, shall he confirmed the court shall render uly
ment IN favour OF the proprietor Tor the damages so
sfssed, and double costs, and shall hereupon, either
compel the company pay into court the damages and
costs so aduged or award process OF execution therefor
as TO them shall seem right.
81 When the iudgmen, rendered for the damages as
seSsed aud shall be satisfied by the payment of he
money Into court, or Otherwise, the title of the land for
WhIch such damages assessed, shall be vested in
the company in the manner as If the uroprieor had
sold and conveyed il 10 them.
80. he said President and Directors for the purpose
OF constructing their canals, feeders, dams aud railroad
aforesaid and the works necessarily connected there
W or OF repairing the aler they shall have been
made, or OF euarging oherWise altering or rspa ring
thelr canals and O,her works in existence snail be
a. liberty by themselves their officers, agens servants,
IL any uhe TO euer upon any adjacent lands, and cut
quarry, dix take, and carry away theretrOm any wood
sonr gravel orearh, which they may deem necessary
rkp fttt
consent OF the owner cut down any fruit tree or any
tree preserved in any field lot for shade or tor orna-
mehi, or take any timber, gravel stone earth con.
shutting any part oil any fence or building. For all
this act, and Tor all incidental injuries done to The in
closures, crops, woods or grounds, in taking carly
Ing Tie same away, the said President and Directors
shal make 10 the owner fair and reasonable compeu-
salon. 10 be aScertaned, il The parties conno agree bv
any three iwpra', Intelligent aud di,nierested ifee
holders who, being appointed tor aha, purpose by any
fwn MI susf thor. /
be sworn by hin, and shall then ascertain the compen.
sduon upon their own view OF the wood stone, gravel
or earth taken, and OF the injury aforesaid ia
taking them.
30 1t the said President and Directors. i. entering
upon the land OF any person under the authority OF Ibis
act Tor the purpose OF laying out constructing, en-
i%-ug, altering or repairing any Of their said works.
Sh'i, Dy themselves, their o1cers, aCeu.s servants
do amy Wan ON or wiGl injury TO such land or H.. ap-
Pufiehan'ts' or To be crops going gathered 10
any other property thereon, he James River and Ka-
h""ha ompiny sh'I paw to the person so injured
double the "iuouu. OF iha damages which shall be az.
sessed 10y jury ia any proper action therefor
~. w hen Tie works o HE said company shall cross
any public road. now established, hereafter 10 ho cs-
tbshed IL shall b. he duty OF the James RIVER aud
Kau'wha Company to provide, far possible that no
obstruction 10 the convenient transportation persons or
property along such road shall be opposed by their
WORKS; and TO his end they shall always maintain, in
COOL repair proper bridges upon their canals and proper
p3sSway' across their rail- road where the public roads
cross them. hensOever their works shall be conduct
ed through the lands OF any one without his consent il
shall be their duty TO provide tor him safe and convent
en pasSways their works. from one part OF his land
10 tler. aud IL las, tho aniarreo,ea, o. o,erc.s.
o ne canas nov IN existence, bridge thereon, which
the present James River and Kanawha COMPANY is
bound To maintain Tor the OF the OF the adj
Jougg lands, shout be destroyed injured, the new
company shall, without delay, rebuild or repair il so
that he owner o. the adjoining lands may sustain de-
trment.
Al. The General assembly will be at full liberty at
any time hereafter TO authorize any other railroad to be
joined 10 the railroad OF The James River and Kanawha
Company, or be conducted across il, on such terms
as may be Just, aud In such manner iuiure The
works OF the James River and Kauahl Company or Oh
sruct the use OF their road.
r. The present improvements on James River shall
as isras practicable, be KEEP in good repair by the com
pany, and free for The payment OF the tolls nov
allowed, eXcef far they may be subs utsd by the
works required by this act.
- The Jane, Rivef and Kanawhl Company shall. at
all times keep OPEN aud in good repair present Ka
n1whd Turnpike, eby 20 be transferred TO said COMMA
ny, as we'll the extension thereof the mouth OF Big
Sandy River, from The time OF the completion Of the
same, ard sual be horned 10 receive Tor the use of
the said road, AID the extension thereof such tolls as
they may ess, provided they DO not excee those now
imposed by law in the mean time. the extension to
the mouth OF Big Sandy River shall be cOmpetcd in the
required by law, under The direction of the
James River tomplny such Oher agent as the Gene
raj Assembly Shall direct and the same snail
be completed, il shall be transferred the and
COntrOl o tue James River and kandwhA Company.
A. When the Improvements in tie NAVIGATION of In,
rivers hereby authorized, shall have been made heir ma.
vigable waters shall be deemed public highways free
for the use OF all peon whatsoever, paying the lawful
tolls, and conforming 10 the lawful rules an regulation,
OF the comp ny sud the tolls shall be as ollows Upon
James and Jackson 8 Rivers, the company may demsnd
and receive, all articles transported by water on their
line oil Improvement, such tolls they may assess pro-
yded they DO moi exceed average OF three cents per
ton OF two thousand hundred and forty mounds per
mile upon ether the ascending de sccnding NAVIGATION
ana mat the tolls upon indian corn wheat, rye and other