Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1832-04-24
-. On s4s confirmation % any ..sb report,

! - On sSIkHnaLon 81 sRob report,
aud on the uA,vmsnt or t0ndoS to the proprietor OF
/ the land of the damages assessed, the pay
incnt of the said damages INTO court, when tor
GOOD C.usc shewn, the court shall have SO ordered
it, the land viewed and assessed as Aforesaid shall
be vested in the james RIVER ana hanawha Conpa
nv i'm the same manner If the proprietor had
i sold and conveyed 1t to thcm
81 While those proceedings depending for
the purpose Of asccrtaining the damages to the
| proprietor for tho condemnation OF his land and
! even before they shall have been instituted, the
president and directors if they think that the in
torcst of the company requires 1t, may by them
selves, their officers, agents and servants enter up
| on the lands laid out by them as aforesaid, and
which they desire TO condemn, and apply the same
| to the uses of the company. If when they so take
! possession, proceedings to ascertain the damages
as aforesaid shall be pending, it shall be their duty
diligently to prosecute them to conclusion; or IT
| none be then pending they shall without delay in
stitute them and diligently prosecute them to
conclusion. And when the report of the freehold
crs asccrtauing the damages shall be returned and
! confirmed the court shall render judgment In ia
yor of the proprietor of the land for the amount
thereof anu either compel its payment into court
or award process of execution for its recovery as
| to them shall seem right.
35 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 servants arc
transccnding the authority given them by this act
and that tho ntcrpostion of the court is necessary
to prevent injury that cannot be adequately com
! pensated in damages.
Sc. If the president and directors shall take pos
session of any land before the Same shall have been
purchased by them or condemned and paid for
cordng to the provisions of this act, and shall fail
for forty days to institute proceedings for it's
dcmnaton aforesaid, shall not prosecute with
due diligence tho proceedings commenced for that
purpose it shall be lawful for the proprietor of the
land upon giving to the said president and directors
any one of them, ten days previous notice, to
apply to the court of the county in which the land
the greater part thereof shall lie; and upon such
application the court shall appoint FIVE discreet in
tclligent, disntcrestcd and impartial freeholdcrs
to assess the damages to the owner from the con.
domination of his land for the use of the company
shall appoint day for their meeting perform the
duloS assigned them, and shall dismiss at the
costs OF tho company any proceeding then depend
ing their behalf for tho condemnation of the
SAID land The frecholders appointed, any
three or more of whom may act, shall proceed in
tho performance of their duties in all respects in
the same manner as if they had been appointed on
tho application of the president and directors of the
company. And the court shall in like manner con-
hrm or dsathrm their report, supersede them
any OF them, and appoint others in their stead or
direct another view and report to be made often
as may be necessary. And when any such report
asccrtainng the damages shall be confirmed, the
court shall render Judgment in favour of the propr
etor Tor the damages assessed, and double costs
and shall thercupon, either compel the company to
pay into court the damages and costs adjudgcd
or award process of execution therefor as to them
| shall seem right.
| 81. When the Judgment rendered for the DANA
ges 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
seSsod Shall be vested in the company in the same
manner as If the proprietor had sold and conveyed
1t to them.
| 80. 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 other
wise altering repairing their canals and other
works now in existence, shall DC at liberty by them
solves their officers, agents servants, at any
time to enter upon any adaccn lands and to cut,
quarry, dig, take and carry away thcrcfrom any
wood, stone, gravel or earth, which they may deem
necessary: Prorided, hOoeUer, that they shall not
without the consent of the owner, cut down any
frut tree or any tree preserved in any field or ot
for shade or for ornament, or take any timber rra
vel, stone or earth, constituting any part Of any
fence or building. For all wood stone, gravel OF
earth taken under authority of this act, and for al
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 fair and reasonable compensation,
to be asccrtained if the parties cannot agree, by
any three impartial, intelligent and disnterestcd
treeholdcrs, who, being appointed for that purpose
by 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 o.
the wood, stone gravel or earth taken, and of the
= injury done as aforesaid in taking them.
l. 80. If the said president and directors, in enter
ing upon the land of any person under the author
, lty OF this act, Tor the purpose of laying out OF
J. constructing, charging, altering repairing any
OF their said works, shall, by themselves, their Off
r GERS, agents or servants, do any wanton or will
8 tul INJURY to such land its appurenances or tC
, the crops growing gathered, to any other pro
II perty thereon, the James river and Kanawha com.
C Shall pay to the person so injured, double the
y amount of the damages which shall be assessed by
g aJury IN any proper action therefor.
/: 4O. When the works of the said company shall
cross any public road, now established, or hereaf
ter to DO established, it shall DO the duty of the
II James river and Kanawha company to provide, Il,
lar as possible that no obstruction to the convent
II ent transportation of persons property along suct
- road shall be opposed by their works; and TO this
C end, they shall always maintain, in good re
If pair proper bridges upon their canals, and pro
per Passways their railroad, where tn,
d public roads them. Whensoe or thci
l. works shall be conducted through the lands Of an,
one without his consent, it shall be their duty
l. provide for him safe and convenient passway
across their works, from part of his land to TIN
o other And If, by the enlargement alteration
y OF the canals in existence any bridge there
n on which the present James River and Kanawh
s Company is bound to maintain for the use of tn
y owner of the adjoining lands, should be destroyed
, or injured, tho new Company shall, without delay
n rebuild repair it, that the owner of the ad
r joining lands may sustain dctrimcnt.
C Al The General Assembly will be at full liber
r ty, at any time hereafter, to authorize any othe
railroad to he joined to the railroad of the Jane
: River and Kanawha Company, or be conducte
across it, on such terms may be just, and i
l. such manner not to injurc the works of tn
+ James River and Kanawha Company, or obstruc
: the of their road.
n ~. The present improvements on James rive
shall as far as practicable, be kept in good repa