Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1839-01-03

are Of general nature, growing out oil the appfec-
atom Of lands, increased oleapness and facility
Of transportation, arising from the construction Of
the road or canal and cnjoyed by the proprietor in
common with others using The road or canal. This
construction Of the law is dif1creu from that on which
condennailons OF land bad been previously mace;
aud II Is obvious TINT It's operation viii be adverse to
the Interests of tie Company. The leeision 10 this
case had been rendered and in The view Of the
assessofs. at the Tune they made UP lhe awards in
all the cases which they have acted in tie course
OF the present year. and there good grounds TO
believe that II had material Influence upon the a.
mannt Of those awards will remark, however, that
the Cour which pronounced this decision, coDsstcd
of thtce Judges only; the other two Judges OF tho
Court ot Appeals having dcclined 10 sit in the case.
IN consequence Of being nearly related to persons
supposed TO be interested in the principles involved
in the easc and ofhc three Judges WHO sal in
the cause disscnled from the decision. Being then
HE decision oi i've Judges only, It Is not fegef2ed
~ having dednvely scticd the law although il set
ted The controversy between the parties TO that par
ttcuar suit. II will, Therefore, be competent TO tho
Company to renew the question, should he deemed
advisable to 10 20, IN some future controversy. l
hrve been favored with copies ofihe different orin-
ions pronunced by the Judges. which ! submit Tor
your inspections See Arp. F.
2. Enlargement Of tic Lo'eer Canal.
This parl Of the ne having been put under gen.
tiai course OF reconstruction, has passed iiom the
rlass of old into the class OF new works. sn,e
The last annual meeting OF he stockholders
Tie progress OF tins part OF the improvement
having iallen iar so'' oi the expectations originally
entertained aud the unexpected oelay ~ ''s eAeeu
,on having gwen rise 10 much DISSATISFACTION. anu
having attracted 10 small Share OF pubic h'rnon.'n
explanation ii the causes oi disappointment isdueto
the stotehodefs-and ,htt explan'ian' 10 do justice
Ii tho Board Of Directors, inut be presented IA con-
siderable detail.
rom Tie particular description ol tie lower csnai
g'vea !" tic ihird Annual Ecpor, II will he rceol-
cCted lhnt the poiIuu rl this can't winch CONSISTS
al tue three lower levels. aud extends from the BASIN
NJ Ilelnlohd ior about - miles up To boshets
Dam. Is seiy differently situated IN regard 10 thu
upland trade. ana TO TIE manufacturing Interests
connected with tteli ne, from the portion winch eN-
tcuds from Boslicrs Dam ior about 10 miles up 10
Mnidens Adventure Dam, la the first ol these d.
visions, and upon that pat of II considering the io"er
level, which extends about miles liom The city up
10 tie FIRST feeding dam above, The enlargement ol
tho work necessarily Put stop for the time, botho
the navigation aod 10 tho manufacturing power CON
necied with the level In the remainder ofth's ntst
division, consisting OF the two levels Intermediate
between the lo"orlavel and Bosher's dun. tnnsmucl
rs the embankmcni aud external walng OF the ca
tal oecuns IN n''t~ - chauoel OF the river ut dit-
ffrcnl points on the line. tho new work iu,erfefed
during its rrogrrsn With the olanc Of rlser naviga-
ton u hen up no Wcslaaai, nnd upon It's romple-
non the 'u''lIcrcn,e extended in PARTICULAR ro'ns
all tho way up 10 Bnshci's Pond. In the second or
upper DIVISION the alteration OF The work produced
1hnss; Withholding only for the time snail s'lpn-
lated supply of water from HE Djrci Mills, ard Two
of minor grade, and forcing atomperary
Transfer To the nciphberng ivri of the upland iiade
aons VITA the coal aud other BORDERING products
coming III on tie North side OF the camel.
IL wi be rccoected also, TINT In feeonstrucflng
tic lower canal, Il was leading object WIN the
Board Of Directors To condnc the operation IN such
manner ~ 10 reduce to the smnest fgssihle amount
the period OF interruption 10 the navigation and the
manufacturing power and thai. WIN view TO tins
object, they had determined although at greatly IN
creased expense, 10 cause all The work upon Glow
CT level, that could be douc win 1hc water ren,ain-
ing IN the canal 10 be executed before II should be
drawn away; aud likewise 10 insert provision IN alt
contracts rou bout the lower canal resefying pow
cr to take llom any contractor who might be tardy
IA his progress, any potion OF his job that might be
deemed proper and give IT 10 another; and power,
Also 10 remove the Whale or any part OF Contractors
force from any other point oil this ne,io tins lowerie-
vel upon condition OF fair lr'ce beng PAID Tor the
tolce thus removed
1t viii also be borne IN mind, that the Board Of
Directors Ind concluded to adopt the contract sys-
TEN Ter the whole Of the line from the lower arch to
the Madcn's Adventure Dam, and, likewise, Tor a
part Of the excavation and external wallng on The
dition sud with The confident expectation, that the
whole OF the work proposed 10 be put under contract
would be taken by contractors at the pubic leuing on
the l3th oil December or shorty t"efeaer' 'na' 'ho
estimate was hazarded, thai the reconstruction 4ot
tho lower canal might be completed by The first day
OF Judy following
la addition 10 these precautionary measures tend
ing to lessen lis duration, the Boaid OF Directors were
TO add others, going To mitigate the