Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1832-04-24

rnodaton Of ule trade both sldo. Of James
they shall extend proper arms of tho road acroes
the river to all towns and other convenient places
of deposit on the opposite shore thereof.
! &c. 1.-THE western termination ofthe rail road,
should be at any point of the komawha above its
mouth, then the navigation of the kanawha river
from thence 10 the ONO shall be improved by lock-
and dams or otherwise, 50 that at all seasons of
the year it may be conveniently and safely navira
ted by steam boats of not less than one hundred
tons burCcn.
~. The works hereby required of the james river
and kanawha company shall be executed with dill
igcncc, and If they be not commenced within two
years after the passing of this act, and finished
within twelve after the first general mectnp
of :hc stockholders then their charter shall be for
fcitcd, and all the works of the company, with the
lands which they situated and all tho rights
privileges and immunitcs hereby granted to them
shall he vested in the present James river COMPANY
for the benefit of the commonwc alth, and i'm that
event the present James river company, shall be
regarded oil intents and purposes the SUCCESS
ors of the company herby incorporated, in no man.
ner, however, liable for any debts which they may
have contracted entitled to any part of their per-
sonol property.
%. If the capital of five millions of dollars shall
be found insufficient to complete the works requir-
cd of the company, they shall be at liberty to
! large their capital to any amount which may be
| found necessary to that cad. The commonwealth
shall be at liberty to take two titths of the add
onal capital, any portion thereof and The other
| stockholders TO take the residue. 80 much there
Of shall not DO voluntarily taken by .he COM
monwcath and the other stockholders, may be rails
ed by opening new books, and receiving new sub
scriptlons, under the superintendent and control
ofthc president and directors. The additional cap
| ita shall be taken in whole shores of an hundred
dollars each; and the subscribers, their successors,
heirs and assigns, shall he thenceiorth, to all in
tents and purposes, members of the company in like
manner as 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 requisition OF the president and directors
be subject to all the burdens and entitled to all the
privileges of the orig inal Subscribers.
! %. The President and Directors their officers,
agents and servants, shall have full power and a''
! thority to enter upon all lands and teDcmcnts
: through which they may desire to conduct their
road or canal, or 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
mcnts according to their pleasure, so that neither
the dwelling house. yard, garden, nor curtilage OF
any person he invaded without his consent. They
shall describe by certain limits the land which they
desire to occupy for tho purposes aforesaid and
such contiguous land rs 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: PrOrided, That
the lands laid out the general line of the
road canal its feeders, shall not exceed hun
drcd feet in width, that the adjoining land for the
sites of buildings shall not exceed one in
| any one parcel or hundred in the
whole, and that the land for abutmcnt
! shall not exceed 1t shall be law
full for the President and directors to pur-
chase and hold the land so laid out, any part
, thereof. And if they cannot agree with the
owner the terms of purchase, it shall be lawful
for them to apply to the court of the county in
' which such land or the greater part thereof may
lie and upon such application the Court shall ap-
: point five discreet, intelligent, disintercstcd and
impartial freoholders to the damages to the
. owner from the condemnation of his land for the
purposes aforesaid. No such appointment, how
o shall be made, unless ten days previous no.
tcc of the application shall have been givon TO the
{ owner of the land to the guardian, if the
or bo an infant, to the Committee, the owner
being non cOmpOs nentiS, if such owner, guardian
or committee can be found within tho county; or
i if 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 i'll some newspaper printed conve.
nicnt as may be to the courthouse of the county,
and shall have been posted at the door of the court
house, on the first day al least of the next prece-
ding terra of the said court. day for the meet
ing of the said rccholdcrs to perform the duty as
signed them, shall be designated in the order APP
pointing them: and any one or more OF them at
tending that day, may adjourn from time to
time, until their business shall be finished OF the
five frccholdcrs appointed, any three more
, of them may act after having been duly sworn oil
solcmnly affirmed before some justice OF the peace
that they will impartially and Justly to the bes
of their ability, ascertain the damages which will
be sustained by the proprietor of the land from thu
condemnation lncreO1, LOT the use OF the COlnpa
. ny, and that they will truly certify their proceed
mgs thorcupon, to the court of the said county.
80. 1t shall be the duty of the said freeholders
IN pursuance OF the order appointing them, to as
II semble the land proposed to be condemned, an
after viewing the same, and hearing such prope
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 wi
) sustain, by the condemnation thereof for the us
y of the Company. In performing this duty, the
shall consider the proprietor of the land as bein
the owner of the whole fee simple interest therein
they shall take into consideration the quantity an
= quality of the land to be condemned, the addition
: al fencing which will be required thereby, and a
, other inconvenicnces which will result to the pre-
' prietor from the condemnation thereof, and sha
. combine Herewith just regard to the advantage
: which the owner of the land will derive from tn
construction of the road canal, for the use
u which his land s condemned
:. 81. When the said freeholdcrs shall have agree
! upon the amount of damages, they shall forth
L with make n written report of their proceeding
- under their hands and seals, in substance 70
II lowcth: 1--WE, frccholdcrs, appointed by a
Il order of the county court of for the purpos
= of ascertaining the damages which would be sus
tanned by the proprietor of certain lands i
the said county, which the President and Director
= of the James River and Kanawha Company pro
c pose to condemn for their use do hereby certify
i that we met together the land aforesaid, Of
> the day of the day appointed thereto
by the said order, Tor the day to which we wer
= regularly adjourned from the day appointed 70
our meeting by the said ordcr) and that hayn
. been first duly sworn, and having viewed the pre-
misses, proceeded to estimate the quantity an
u quality of the land aforesaid, the quantity of add
% tonal fencing, which would probably be occasion
" cd by its condemnation, and all other inconvcnien
l, which seemed to likely to result thcrefron
u to the proprietor of said land: that we combine