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

ton, shall be at least forty feet wide at top and
twentyeight feet wide at bottom, with not less
than Tour feet depth of water at all seasons of the
year, shall bc provided with convenient tow path
and adapted throughout its whole extent to the
navigation of boats of not less than thirty. five
tons burden, propelled 10y horses. To avoid very
great expense at difficult passes, and to furnish
proper accommodation 10 the trade on both sides
OF the river, the bed of the liver shall occasionally
be used part of the line of navigation when Tho
rciiucnt water from tho dams will admit the couye
nicnt application of horse power, and the safe and
easy passage of the usual canal boats. Tho canal
AT ITS lower tomin Itiom shall be connected with
the tide water, so as TO enable the boats which
usually navigate it with their cargocs at all times
conveniently to pass into tide water and descend
the river return.
Fl. From the highest point James or Jack
sons river to which the navigation shall he car
rlcd aforesaid, railroad shall be extended bv
The most convenient route either to the Ohio
river OF to some suitable point the Kanawha
river. below the great falls thereof, as tho comma
ny may elect. Such railroad shall be graduated
as TO be convenient for transportation both
ward and westward, and shall be furnished with
two sets of TRACKS. and all other works and fixtures
necessary for the accommodation of tho trade
thereon.
25. If the company should not choose TO extend
the lower James river canal but should elect n
continued railroad from Richmond then thew shall
construct rail road from the tide water at Rich
mond following the course of james river beyond
the Blue Ridge 81 thence by the most convenient
route to the kanawha river, terminating either at
the mouth of that river or at some other convent
Ell! point below tho great falls, at some convoni.
ent point on the Ohs river. And for the accom-.
mediation OF the trade on both sides of James river
they shall extond proper arms of the road ross
the river, to all towns, and other convenient places
OF deposit on the opposite shore thereof.
70 III tho western termination of the railroad,
should be at any point of the kanawha above it's
mouth, then the navigation of the Kunawha river
from thence TO the Ohio shall DO improved by locks
and dams or otherwise, that at all seasons of
the year 1T may be conveniently and safely naviya-
ted by steam boats of not less than one hundred
tons burden.
-. The works hereby required of the James river
and hanawha 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 years after the first general meeting
OF The stockholders, then their charter shall he for
iclted and all the works of the company, with the
lands on which they situated, and all the rights
privileges and immunites hereby granted to them
shall be vested in the present James river company
Tor The benefit OF the commonwealth and i'm that
event the present James river company, shall be
regarded to all intcnts and purposes as the success
orS OF The company herby incorporated, in no man
hcr, however, liable for any debts which they may
nave contracted or entitled To any part OF their per-
snnal property.
% If the capital of five millions of dollars shall
be found insufficient to complete the works rcouir
ed oil the company, they shall be at liberty TO en-
large their capital to any amount which NAV be
found necessary to that end. The commonwealth
snail be at liberty TO take two iilths of the addi-
lonal capital or any portion thereof, and the other
stockholders TO take tho residue. SO much there
OF, as shall not be voluntarily taken by The COM
monwcalth and the other stockholders, may be rails
cd by opening new books, and receiving new sub
scrlPtions, under the superintendent and control
ot the president and directors. The additional can
l i al shall be taken in whole shares of hundred
dollars each and the subscribers, their Successors
heirs and assigns shall be thcnccf forth, TO all in
tents ana purposes, members of the company in like
manner as II they had been subscribers TO the oripi
nal capital; and shall, in like manner, be COM
Pcicd TO pay the amount of their subscriptions, up
on the requlSitIon of the president and directors
ne SUBJECT TO all the burdens, and entitled TO all the
privileges OF the original subscribers.
~. The President and Directors, their officers,
agents and servants, shall have full power and au-
thority to enter upon all lands and tcncmcnts
through which they may desire TO conduct their
DAD or canal, any feeder of the canal or
against which they may desire to abut any dam;
ma to lay out their road, canal feeders and abut
menus according to their pleasure, so that neither
nc dwelling house, yard garden, nor curtilagc Of
any person be invaded without his consent They
snail describe by certain limits the land which they
uesirc TO occupy Tor the purposes aforesaid and
such contagious land as they may desire to occupy
DIS Sues LOT Toll houses, warehouses, stables, and
oLhcf buildings, Tor the necessary accommodation
OF their officers, agents and servants their horses
uleS and other CATTLE & for the protection of the
property entrusted to their care: ProUided That
the lands so laid out the general line of the
road canal or its feeders, shall not exceed one hmm
area feet III width, that the adjoining land for the
sites OF buildings, shall not exceed one acre in
any one parcel, or one hundred acres in the
whole, and that the land for an abutment
Shail not exceed one acre 1t shall be law
ful for the President and directors to pur
chase and hold the land so laid out, or any part
thereof. And if they cannot agree with the
owner on the terms OF purchase, it shall be lawful
Tor them TO apply to the court of the county in
winch such land or the greater part thereof NAV
lie, and upon such application the Court shall ap
point hve discreet, intelligent, disnterestcd and
impartial rccholders, to assess the damages to the
owner from the condemnation of his land for the
purposes aforesaid. No such appointment how
ever shall DO made, unless ten days previous no.
lcc OF the application shall have been given TO the
owner OF the land, or to the guardian, if the own
or BIO an infant, to the Committee the owner
being non cOmp0S mentiS, if such owner, guardian
or committee can be found within the county: or
II nc cannot be so found, then such appointment
Shal not he made, unless notice of the application
shall have been published at least one month next
preceding In some newspaper printed as convc
hlcht as may be to the courthouse of the county
and shall have been posted the door of the court
mousse on the first day at least of the next precc-
Jung term OF the said court. A day for the meet
ing of the said frcchoders to perfornlthe dufv as
signed them shall be designated in the order ap-
Pointing them: and any one more of them at
tending on that day, may adjourn from time to
time, until their business shall be finished OF the
hyc ireehoiders so appointed, any three or more
OF them may act after having been duly sworn or
'oIemny affirmed before some justice the peace,
hat they Will lmpartIay and Justly to the best
't their ability, ascertain the damages which will
&c sustained by the proprietor of the land from the
condemnation thereof, for the use of the Compa-
ny, and that they will truly certify their proceed
ngS thcreupon, to the court of the said county.
80. 1t shall be the duty of the said frcoholders
cmblc on the land proposed to be condemned, and