Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1838-12-29


Daniel Higginbotham for called meeting OF the asses
sors with view to re assessment and report in his
case 10 the fall term Of the Superior Court OF Nelson"
endeavored 10 get The cul deferred till December or
March, when greater amount OF business would be I'D
readiness but being unable 10 procure such terms oil
nos,pone,nent as were considered admissible by the
noa:d OF Directors, Instructed 10 assent 10 the
measure; and To have as many additional cases Pre-
pared as circumstances would permit Accordingly On
The 23d August the Board OF Assessors was caieu 10
meet on the land of Daniel ligginbotham on The 2oh
September for The purpose OF assessing his damages oil
proceeding thence view The land shortly 10 be over
flowed by the ponds Of the I've river and Joshua ans
dams and Of assessing the damages on the land taken
for the canal on certain above Lynchbug put
under contract at the September meeting oil Inc D"aa
of Direciors.-Aler the arrangements Tor this meeung
had oil been made, and when the time h1ed ior lhe as
SCISSORS be the different points could not be Changed
the Board Of Directors having ascertaned that The con-
tested cases in Abemarle, FIuvanna and Goochland,
would be referred back the by orders oi
Court procured the Of the propretors 10 nave
the several cuses assessed al the coming meeting OF le
Board of Assessors 1t thus occurred, that the Doaro
Of Assessors after passing up from Nelson 10 SEVERN
miles above Lynchburg, returned along the line as lar
down as The lands Of George Pickett IN Goochara ue
ing again accompanied by Mr. Baxter counsel Tor the
company. They adjourned on the 9th October list
of their during this tour presented IN ah
accompanying statement (See App ~
The specia asscssors Edmund Christian, Archibald
Pleasanis Charles p Goodull, Philip ?. Winston and
Beverly Blair appointed by Judge Nicholas 10 reassess
the damages the lands of John g. and Lewis E. Har.
ris already referred TO, were nohed 10 asseinoe on
the Il,h Octuber.-Mr. Blair declined serving-Messrs
Christian and Peasants attended, but not forming quo
rum they adjourned from day TO day I'LL The l9t oi Tue
month when they joined by MIR Goodall, and The
assessment was made statement OF inns assessltn.
and the expense Of the several meetings OF the regular
and special Boards Of Assessors will appear IN an accom-
panying statement (See APP. ~
The cases Of Tucker Coles and Peter F. Jefferson in
Scotsve and George &. Pickeuin Goochland, are the
in - N
omitted case and under the impression, that, WIN
exception of what may have been recently covered
by the from the dams nj Tyc river and Josh
na's Falls, which is of very inconsderoble amount, a
regular has been had upon all the land taker
for the use of the line Of improvement from the Basin
in Richmond 10 the town of Lynchburg.
Whilst upon The subject Of assessments upon The line
Of the canal deem il proper TO invite the attention o
the Stockholders to recent and important decision
,be Court Of Appeals, in case in which the James HI
yer and kanawha Company were appellants and Johr
s. Turner and A. S. Turner appellees; being the
case referred to in the last Annual Report page 2i9,
originating from certain instructions by the Judges
of the Circuit Courts, Of Campbell and of Amherst or
| the subject of damages In this case question arose
as the construction of the Both section of the
Of the 10th March, 1892 which prescrbes the principles
10 be observed in ascerainng the damages which hs
proprieors of lands will sustain by the condemnation
taereof for the of the Company That section de
oares that the persons assessing the damages, shal
consider the proprietor OF land as being the owner
I" the whole fee simple interest therein; they shall take
into consideration the quantity and quality Of the Ian.
to be condemned, the additional fencing which shal
{" be required thereby and all other inconvenience:
which will result TO the proprietor from Inc conuemha
lion thereof and shall combine Herewith Just reSare
to the advantages which the OF the lund VII! de
rive from the construction Of the road canal Tor the
use Of which his land is condemned. The question
submit ed 10 the Court turned upon the nature ant
character Of the advantages to the proprietor, which
this c,ion requires 10 be estimated The Court decd
cd thai the advantages to be estimated must be local
their aure, and peculiar to the proprietor as tenant
the par ocular lot tract parcel OF and oil Whch par
is 10 be condemned, and not such rs are OF genera
nature growing out of the appreciation OF lands, or IN
crease cheapness and facility of transportation, arising
from ne construction of the road canal and enjoyed
by the proprietor in with others using the roat
or can, H. This construction Of the law is different from
T. that which condemnatons of land had been Prev
ously Inade and it is obvious that its operation will b
adverse 10 the interests Of the Company The decision
in III case had been rendered. and was in the view
the SCISSORS at the time they made up their awards II
all the cases which they have acted in the course
the present year. and there good grounds TO beev
that it had material influence upon the amount OF thos
avail ds will remark, however, that the Court whlcl
pror ounced this decision consisted OF three Judges only
the ,,her two Judges Of the Court OF Appeals having
dec med TO sit in the in consequence OF being near
y lated persons supposed to be Interested IN IN
prn ciples involved in the case; and of the thIe
Judges who in the cause dssented from The decision
Being then the decision Of two Judges only, II Is no
regarded having dehntvcly settled the law, aho"s
it settled the betweenthe parties TO hat par
,cular suit II will, therefore, be competent 10 IN
Company to renew the question: should 1t be deeme
advisable to do So in some future controversy nav
been favored with copies of the different opinions pro
nounced by the Judges which submit for your nspec
ton. (See App. F)
Q. Enlargement of the Lo,oer Canal.
This part Of the line having been put under genera
course of reconstruction has passed from the class
old into the class Of works. since The last annua
| meeting of the stockholders.
The progress of this part Of the improvement HAVING
fallen far short of the pectaons originally entertained
| md fhe in Ia
Use to much dissatisfaction, and having attracted
small share of public attention. explanation of tn
causes of disappointment Is due 10 the stockholders.
and that explanation 10 do justice to the Board OF Di
| recors must be presented in considerable detail.
| From the particular description of the lower canal
given in the third Annual Report it will be recolecte
shat the portion Of this canal which consists of the tire
lower levels, and extends from the Basin a, Richmond
for about I3 miles up TO Bosiers Dam, is very differ
emily situated in regard to the upland trade, and to IN
manufacturing interests connected with the line, Iron
the portion which extends from Boshers Dam for abou
! Is miles up TO Maidens Adventure Dam. In The frs
of these divisions and upon that part of it constituting
the lower level, which extends about miles from TIT
city up 10 the first feeding dam above the enlargement
of the work necessarily put stop, for the me both Il
the navigation and 10 the manufacturing power connect
ed with The level In the remainder Of this first dvi
sion consisting Of the levels intermediate between
the lower level and Boshers Dam, nasmuch the EN-
bankment and external waling of the canal occupy il
part the old channel of The river at different points or
| the line the work nterfered during its progress
with the cid line of river navigation as high up est
ham, and upon its completion the interference EXTENDED
in particular points all the way up TO Boshers Pond
the second upper division, the alteration Of the WORK
produced much less derangemen, in the pre.exsng or
der of things; Withholding only for the time small sill
pulaed supply Of water from The Dover Mills, and two
other mills of minor grade and forcing temporary
transfer to the neghborng river of the upland trade
along with the coal and other bordering products coming
in on the North side Of the canal.
L, will be recoected also, that in reconsruc,ing the
lower canal it was leading object with the Board o.
Directors TO conduct the operation in such &c
reduce TO the smallest possible amount the period Of in
terruption to the navigation and The manufacturing