Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1840-01-04

work and to disappont the expectations of the public
the labours of the companys chief engineer have been
ncessant and unwearied; and take pleasure IN stat.
ing that mainly ascrbabc to his constant and close
attention. to his excellent management, and to his great
and well merited influence that the progress OF the
work has been we'll sustained IN defiance oil the at-
fcues with which it has had to contena ana tnat snS
results Of the companys operations at the close, ai
80 little short of what promised and anticipated
the commencement of the year Regardless OF the
dangers of sickly or the terriers OF Southern
sum- he has not ahsentcd himself single aay rom 'ile
valley of the river, and has spent his whole time upon
the work, moving from central point up and down
the line nsructng and aiding the subordinate ocefs
in the proper discharge Of their respective dutcs ana
likewise giving explanations to the contractors, anu
and faithful discharge Of their engagements 10 inc CON-
pany.
Pie unfinished work upon the first grand DIVISION al
the present time is in reality OF lnconsidesaoie
and consists chiefly of the feeding dam at the seven
islands, the last dressing of the cana! banks ana ie"
scattered jobs of mechanical work progressing a. &c
vera points upon the line. The construction Of TINS
dam is not Indispensable to the ie'yi'g Oh 'lc 'o'
lowed to the company nasmuch US four ieet Is tae
minimum cpth of water in the canal prescribed ny the
charter and this depth be thrown in at the Seven
islands feeder without the assistance OF the dam.
II is also cxpedient, with view to the pubic conVe
nence to defer its execution till the Spring OF the year
1t is not proposed incur the unnecessary expense OF
annexing lock to this or to any other dam lnat
may hereafter he erected, and as 1t Will onstruct the
ordinary river boats if viii be advisable TO postpone IT'S
construction until the expiration of several months az
ter the opening Of the canal The last dressing OF the
embankments is going on and Us lar as IL Is es
sentia its progress will probably keep pace win te
completion of the work which remains to be fnishsd
The mechanical Jobs, involving portion OF mortarcd
masonry, which only be done IN mid speiis OF wea
ther it is impossible TO state with accuracy the peroas
at which their completion may be confidently expected
The officers of the company, however, hope ana ex-
poet that in the month of February unless IN the mean
time the winter should be unusually severe, the Work
will be finished, that the water may b" Tot upon .e
line from the Joshua falls feeder all the way down TO the
feeder at Boshcrs dam; from which latter point to the
city of Richmond il will be rccollected that the water
was introduced in the month OF December last IL IS
also their hope and expectation that within the same
time and upon the like condition. the canal, with the
small exception about to be mentioned Will be IN IKE
readiness for the reception of the water upon the
whole of the residue of the first grand divisions that IS
80 saw upon the portion of the line amounting TO ABOUT
l2 miles in extent which is situated on the south side
of James River between the water works dam at Lynch
burg and the fall locks ut the Joshua falls pond
But upon this part of the line there is space OF only
300 wards in length consisting altogether OF mere eN
covnt;on remrnp with full force about six weeks for
its execution the possession OF which IS iorcioly WITH
held from the company, and as It IS mpossioie LOT ,e
officers to know ut what time they will be permitted TO
enter upon this small remnant Of ground, so IT is I'M
practicable for them TO indicate period at winch the
water NAV be let upon this portion OF the work
The ground referred consists OF that portion OF the
canal strip which passes through the lands and IN part
throuuh the garden of John Percira and IS situated
upon the f;eh level of the canal within the corporate
limits of the town of Lynchburg and about Ii miles
below the water works dam. The obstruction to the
companvs operations at this point having originated
some time previous the last annual meeting, was u
udcd to in that part of my last annual report wherein
took occasion to advert to the haraSsng mpediients
presented TO the prosecution OF the works OF the com
pany under color of the provision OF law eXe'ptmg
wards gardens and curtilages from the location o pnhic
D,trc !
serious loss the company, well IS OF great neon
venience the public deem it proper now TO bring
more distinctly under the notice and consideration OF
the stockholders
The location through the lands of Mr. Perciva was
made at the time when the general line OF canal was
originally located, with his knowledge and without any
claim of exemption his part. On the contrary, he
even entered into contract with the company ioi eA
cayanp the canal through his land on the location thus
made This land regularly assessed by the board
of assessors after due notice had been given to hun The
report of the was regularly returned 10 aho
lodged in the Office of the clerk OF the superior court
for the county of Campbe Of which fact fercvai had
knowledge At the Apr! term Of that court IN the
year 1885 the report of the was confirmed o
the court and ordered 70 &c recorded and Judgment
was rendered in favor OF Percral tor the damages as
sassed No appeal akon by either party from TINT
iudpment The amount of the damages was alter
wards rendered to Pcrcval but he refused to
having forfeited his contract for excavang the cana
endeaYored BY ofts contractors to take OF
the land,
force and arms, threatening certain and immediate death
TO any agent ohe company who should enter his lands
for the purpose ofcxcavat;ng the canal The law having
failed to provide favor ohe company any process OF
execution for the recovery of possession OF land con
demned for its where the possession torcbiy Win
held resort to suit at law became indspcnsably ne
ccssary for that purpose. Every effort has been maze
by the counsel and agents OF the company to bring the
suit trial before the spring term OF the superior court
OF law for the county of Amherst where the suit IS now
ma DrctTicteu
contnuances other causes, il Is impossible TO ioresee
The of this state Of things is that although
all the rest Of the canal from Richmond to Lynchourg
may and probably viii be completed IN the month OF
February that portion of it passing through Perciva
land cannot be touched until the final decision OF the
suit The officers of the company have soug III an am
cable termination of the controversy by the cher oil
additional compensation, but could not consent TO the
terms insisted on by Pcrcira who demanded five times
the amount of the damages assessed by the assessors
so that all hope of compromise has been abandoned
They then thought OF making curve IN the canal,
which however, would be attended with much acdi-
tonal expense and inconvenience to the company; but
thew are informed by their COUNSEL that US the company
has already legally condemned us much OF ferciva!
lands as necessary for the location OF the canal he
title to which has become completely vested IN Tue
company it is doubtful whether there is any right to
condemn any other part Of his land for that purpose
The importance of this case to the company WIZ,
hope, furnish sufficient apology for this detail OF IT'S
circumstances. beg leave to make additional re-
mark The failure OF the legislature to provide process
of execution in favor of the company Tor recovering
possession Of land legally condemned where that pos
session is orcihly withheld, humbly conceive)
not to be in harmony with the general policy ofhc law In
relation to this great public work for will be seen by re-
ference to the 9th section of the act which passed the l9
March 1885, amending the charter Of the company that
even before shall DC instituted for the puT
pose of ascer,anMg the damages to propretors oil lands
laid and to be condemned the president and directors
If they think that the interest of tie company requires
enter on such lands and apply them to the uses
oiVidua1s, even peIore concentration infids
much less could they have contemplated such suspcn
sion after the lands have been soenlv condemned By
the judgment of the court, and the title completely
vested in the company Whether the failure of the
legislature to provide process of execution for enforcing
rights thus vested, was the effect Of inadverence or
design, 1t is not for me to intimate. Ii is manifest
however, from the experience Of the company in this
case, TINT the Maut os snch re;aedy cacuIa.ed