Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1849-06-26

hssemDy -Dul WOull lnInlsn important in!oy-
nation Tor their action. To This end he law re
CURES that The vote OF those IN anl those out Of
the new county, should be- taken separa,.ly.--
Does the gentleman desire Inc General Assem-
by 10 &C, III tne dark-ar under liability Il
mlsapprehenson, &c.2 To ayoi! ihe.e evils,
The provision is established,
Nlr. FlNNEf-The gentleman and myself
differ on tie PRESTON of dividing couD,ies-he is
opposed to dividing his county ard am In IA
Vor OF dividing nine look upon the mode |
now propose as the only means Of sc Ting the
tro1bled waters. The law 10 which Mr. s "a.
TERED was revised, said Mr.. F. eSpre,sly Ia
defeat the division Of the county Of Accomac.
and without any petition from her peonle. IL,
The people within the new county vote upon I'M
question and this will be sufficient information
TO guide the Genera! Assembly Nr E. s-atr
ed with Mr.. 5. as to the expenses that would
be incurred b. The old county in case Of divis
ION The old Court House and buildings won d
serve their purpo,es, &c
Mr.. SCOTT This bill gives power 10 ascer
tain the wishes Of The people of a new COUNTY
but the gentleman goes farther and Wishes 10
exclude The vote Of the people Of the old COUNTY
so that the General Assembly will have 10 vote
in the dark. All tina, he (fr S wished was
that the Legislature should have information
10 enable them 10 arrive al just, equitable and
intelligent conclusion But The gentleman
means TO exclude information lest the WIT. OF
The old county might improperly influence the
Legislature.
Mr.. FlNNEY said his objec. was TO exclude
the vote If tho people living out of the new
county, because they had no right 10 act in the
matter Under the provision proposed by him,
the rights OF The people could alone be secu.,d
All he asked for was fairness and justice, AMI
carrying out of the peoples wishes
! Mr. FINNEY'S amendment was lost
| The following actions were passed on with
out objection 10 chapter 81, "Of works OF in.
'efbai Improvement; ITO what companies the
chapter Ppliss-Eypense. of preliminary sur
veys-The works TO be constructed Company.
#ciks and property protected against lrespass.s
| r shi reserved TO the State TO become stoc.
holder What must be done by turnpike com.
| pany 10 entitc it 70 receive tos-Provisions 10
prevent turnpike company from being moro
injured IN the use thereof than necessary Rates
u tolls on turnpike and Ter canal, navigation or
trlfge companies When and how railroad
company snail transport, and the rates OF tolls
on Ralroads-The collection ftolls-Company
may construct telegraph : Effect OF sale Of
company's property and works cader deed of
trust or mor'gagc-Rcports Of company 10 Board
Il Public Works-Power Of State over GONNA
MES" Also in title 10, on Water courses.
mills ferries, bridges and relcgraphs;," Chapter
b2, "Ot water courses he following sections
III The shores and beds OF water courses-Ob.
struciions TO navigation or The passage Of fish.
Also IN chapter %, "Of mIlls,'' sections -
In what cases and on what notice writ OF nd
quod damnum may be awarJo i-lerms of the
wrls and nature OF the inquest. and what ~ done
when II appears damage will be sustained By
one 10 whom notice la, not been given and
judgment on he inquest"
Mr. IRVING moved = amend the 9 h section
OF chapter 63l on ".isals under Judgment" as
70 provide ha in cas- ii forfeiture D. A gran,
OF miil, IN iile 10 The laGd snail T-veit 10 The
ioirer owner, his h-'rs ~ assigns, "upon his or
Their paving or caic!!1a. w!lhin IL nJa:Ss al.
Ter sad forfeiture, IT, compensation So assessed
and pail = he ait ap;lican, his heirs or as
signs"
alr. |. uscd he injustice !! ,he provision in
Iosr his money, aihcGah ne lfi 2?.G 10, ."s mill
dcUa on accouf 81 an acc.fni of his inability
10 keep II up.
Mr. CONWAY sustained liz provision Of IN
Cote. The applicant 10 4 mil ooiain, he ease
men, or right 10 nse The land condemned
ior miii-and a. .ann IS trr properly :
no longer us-d oT the % pose. The ian! should
20 hack 10 he owner. without any expense u
him.
Mr. PERROW. The ywrei obtains ample
compensation lJF his n-sRd *. fou force
IN unfortunate applicant MT Only 10 lose his da-
images, boz his mill also lie lcalousy sustain
ei The amendment.
Mr. WHlrrLE exposed The ruischevous
consequences ot The amandment-b by a fair a
>t!scion OF with, even alter 100 years, The iard
Wouli not rcYsn 10 he owner, wihout again pay
inc uF ms nwn iani
Nj IRVING re-saed hi position Suppose
The mill should become useless from c.ran Tea-
sons, is il just that he who has paid : 90 ior
tie damages and lhe lard, should also give up
the land 10 The owner, who would thus be conbiy
paid2 This i, not an easement. The simple
question is whether man should have some
ming Tor rotaing. He demanded Of some Of The
family OF The committee Inc reasons lor 50 unjust
A provision
Mr.. BOOTH The principle IS The same as
that 81 taking property 'or public purposes, viz
tnal a man should 10 paid lrr his property. Il i
the IA now, and h. say 40 reason why II should
b. changed.
Mr.. SCOTT, as ala0oF member Of The tam.
ly, shonl! Endrfiaka 10 give same other reasons
cf HE p o:lso. fhcrr is much specinusness 10
the views ot he gentleman from Cumberland,
bit he fa> ~. yet proved he injustice q Tie
present pr"v,sion. Nothing ~! pubic cansleIa-
ioDs couit jusuiy ;he deprivation ot 7fira!e pr.
peqy or right. thus, when land j. contcmh,i
,r !. mill, he applicant enters into cculfac',
Hal he vii erec: some nssiul machinery n
sail land. II he does hJ carry on, sal con
fac it is his own tsul, and should suffer rs con
sequences. Yet, tie gentleman from Cumbef-
LAID would relieve him from i's eiiecis, and ihus
/ dctsat III Interests u Inc public, wSich s71nii
,t. h. ~ Iarg raj ~
e parties 10 The contract. Ongh no! me appii-
cant 10 hP ned 10 BIS Contract, ard nus kseph
., n d The public7 Tais i - novelty IN he
law; The principle has been long recognized
Rjehts 0; this character ARE Ofieci bY non-uses
"a wel as mis- uses this IS a principle ~ the
common Law. and is he only mode CT securing
the rights o. he pubic.
Mr. IRVING The cenilcm.n hat certainly
assigned mos! jlueni'e reasons 10 his rs;ab!'HS
discourse. Ar now eu.osizes ne common lar';
sci, les days suca, he 7'aiousiY Protested
/ against n argument # precedent Mr.. al
m.uc. ;aa, on the forfeiture q 4 contract, lie
land should rcveri 10 ae former owa'F-bat II
I was Tor amending the contract md rcqnirng
\ he owner 10 ray Tor h and. Ths y1nng zen
! l.cmsa ron F4nlui-r Ia! teceed ne question;
I ne lad amos! sail IL nal stolen III question.
\ Mir lRVINd'S notion Us lost, 80 10 So
On motion Of Nj SCOTT, The same &c ion
I 3as amended . as Q alto. nc applicant 80
I commence DC nit vi hin t'ro years and % com
! rire il Tth,a tue years, RON is destruction Q!
/ nutilness Tor use"
Mr.. MASSEY, lhereupon. moved 10 amend
| me l7th section Of chapter So on 'pcwer Of COM
/ pany, alter making oGs location to change il ara
! lake O her land," by adding The words: "Bui,
/ whenever such change al location -hall 1e made,
he ulc 10 he iards condemned Tor iae former
location shall revert 10 he original owner
Mr.. LANE Of Lee, nj vel u amend section
10 Of chapter So 50 as 70 provide that The land
occupied by The discontinued rHsd sail rsyer' 10
he original owner, or lhcse claiming Under him
al The time OF such d,coninuance."
tfr SCOTT though, ]; unnecessary. as he
case was an rntirc!; 5ifIr;rn enc.
MIR LANE said there vas cor'FnveTS' %
mis- subiec, il MS county an: he should llsc he
poin, 10 be settled.
The motion was lost.
The Other sections on 'm;ii>' we're aiso pAsseo
without objection. viz: "What prosecution OF