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


| when the corporation IS dissoVed.
.rhp sections on attributes Of every corpora
ion. restrictions upon incorporated companies
company for internal Improvement may eh'e'
upcn land TO make preliminary surveys ana no"
mach land nay he acquired by 4 company !of
internal improvements" were passed on Wi'hou'
objection.
On moion ot MIR. SYME, the 9th section Of
chapter St. on ''how land may be aken oy a
| town or a company without The owners consent,
was amended ST. as 10 give authority 10 me
Couri 81 a corpordton as well as county, 10
arpuia; five disideiesled fecholdeis, TO ascef'd
lG.t geusd'tnn i1T ahd taken ioi "o'h' =
ialrfnaI Improvement or Tor the Use OF owl ,,,
On moiigns A .l;cs.fs SHEFFEf and COS-
Way, lie GeXi seclion Was anleiueu ~ q =
conform. 10 The above change.
Mr. HARRISON moved 10 strike oul seciiohs
II, lS, 10 ard 20, providing that, ihs.eau " VI,
plan pointed out by he Oh secioh, las a"ose,J
any in,e!nal improvement COMPANY NAY "ppy
| - The Roard Il Pubic WORKS, "n'c'' sna' "P'
. siyl five DISTINGUISHED nteh"liels, 10 ascertain
~ ,',u,.o,. at.te>ai,. Mi Ii. preferred The
u h StCiun.
ar. MONCURE ot Stafford. Gentlemen OF
experience had thought il important 10 have
| cominisslo ners appointed 10 assess an UNIFORM
ra,e vi damages throughout The ph2te line OF an
i,npfoyement Sufficient guards had been ircor-
| pofa,ed 10 secure Just and i.it assessment OF
| damages II erroneous. The assessment may OF
~ ASIDE hy ,he Ciicuu Court and ne. commls-
sluncTs appointed.
| Mr. SHEPARD was opposed 10 these sec.
! hons tie saw III them great inconvenience aid
1 loub.e H. pfupfe,ors OF lauds-iur, "hcn he I'M
| proyerpents are al 4 distance, me Board OF Pub
/ llc Works would be regulated in the selection ni
ne commissioners by the interested advice ol Inc
| company, and he land owner would be pnt 10
| The expense and ,rouble Of an appeal. lhese si-
/ sanic corporations are thus made al!onseI, al
! the expense .. The pCcr land owners Moreover,
| III was opp sed q swelling The power oil me
Board Of Pubic Works already very unpopu-
lar, and authorizing them 10 appoint pew ana
pernanen, organization ut appraisers, who are
paid 81 day, and. he presumed, would receive
mileage.
Mr.. TONNES regretted 10 see an appeal
made 10 our sympa.h ies in favor OF The poor land
| owner and 10 our p.eiudices against corporations
ana the Board OF Public Works. BY the present
system he iarivicusls along The line Q! me IN
proyemcn; are animated by a scr Of esprit du
COPS 10 make The damages as high as possible
s II ne! much belier 10 seleci dIsin crested COM
m ssiunets larry ami impsrlially 10 perform This
important duy1 He appealed 10 the friends OF
internal improvements 10 sustain these sections,
as emineruy Important 10 the prosperity Of inter
ior an appeal may he mace 10 The county court,
and then 10 he clfcnii cour'.
Mir. SHEPARD agaiG pressed his objections
% these packed app.ai.eis. VINO misM be i
pointed il kt6moai 10 visit Brooke End oh,
distant countless though no member Of that Board
may ever have pu, his foot there. Mr. ,, SAID
II was contrary 70 human nature for individuals
IN The line OF Improvements TO throw difficulties
in The way by asking high damages Often il
would bc that men woaId give ther lands 10!
hlse Improvements. He thought these sec!ions
would operate 10 The disadvantage Of the compa.
mes. II his Or" power we're gwen 70 the Board
| u Public Works ii wonld ensure It's downfall
Mr.. SYME had great experience 10 land dam
ages for railroads. These corporations were
really weak and deenc-ess in the hands Of inli-
viduas; bsing assaied by all The prriudicrs Of
ne community NI. S. referred 10 Inc case d
| the Roanoke Railroad, where len unics Tie
| damages ascertaine by lhe Surveyor sere as
sessed against them. The Improvements, more
ovtr Augmented The value u tie laG;s. The
James River az Ktnawha Company hai been
| conducted uncer this systeni and with great sa-
! uslaclol.
| Mr.. PAXTON was surprised 10 hear he anti
improvement parry in the House oppose these Sec
,sons; Tor The Sa,s would have 70 pay lhreefifihs
OF sad camaees. He, however, moved 10 amend
\
| yuud The benefit - be derived in respect 10 The
residue Of any tact, from The work 10 ne con-
/ .rucied," SO as H. give to the land oWue The
| value Of he and aiken and damages Tor hc resi-
due OF he ;fac', wi,aou; regard 10 the benefits Of
The improvement.
Mi. P though! his provision 10 conflict with
| decision Of Inc Court OF Appeals, and with
recent decision Of JUICE Thompson in Abe
marie.
Mr.. MONCURE Of 5. quoted The genera
| Railroad Law and The James River, sc. char
ltr, ard nc trcisi, is Il he Conu Of Appeals, 50
As u show Their Conformity ana The popriety n
this provision. In the Gaze oil The CuuG Of APP
peals Judge Parker thought The general 5eaef 10
the land ifcm an improvement should be taken
into ne consideration OF damages but Judge
| Biockenbrou2h ;houeht that for the land taken,
The owner should bc entitled 10 lu Compensation
| and for damage 10 the residue cf the land, sub.
Jet only 70 ali offsci lcr The particular bearft 10
ire land, ,uch as rccaming parI Of tie land,
making fences, &c. The Court decided hal rhc
general beneh, snch as furnishing market,
| &c, should no be considered.
Nj. HARRISON Of Prince William Tie
Landowners in my County are willing 10 give up
their ands for The improvement which they soon
expect 10 have; but lie an they were opposed to
these sections, VIII ch he hoped would be slrck, n
oul.
Mir. IRVING commended thai This section was
in dIrrcl { lnfcl WITH Inc decision OF the Coar
| u Appeals M he Case o the james River Com
paby II Ihr principle eoDtrnIe4 :or IS correct.
then why moi give 10 The Company damages ior
the peneh.s 10 he land from the Improvement,
over and above the injury done2
Mr.. SHEFFEY. The gentleman iron STAT
ford is willing 10 accept The word peculiar" So
as 10 refer 70 ihe peculiar benefit" to The land
! frrr ~ Gn,lta ,irat R,,
Ihe Curr i APprei- dsciiel his very poin,
MI iRViNG. Then withufaw nv otjec :
tion.
Mr PRICE thought tie provision could nj
he improved, Tor by reference 10 the decision, the
prlnciple would b. casiiy understood.
! Mr. SHEFFkY. That decision was under
he old James River law; but NC are now making
a new and general Law; and why impose upon
tn couf new duies and examination
Mr. PRICE enioTcei the prnpririy OF re:a,n.
ing ne section a i STOOD He advocated the in
p"rancs oi adopting these provisions for he sI-
p"iG'mcn q commissioners by The Board \
Pubic Works, as substitutes Tor commissioners
10 !. county. VINO may parake OF The count
ire)ufice against "souliess corporation" He
va surprised al The course OF his friend ron
Prince William who, he learned, was anXcus
% hsve railroad pass his door
Mr. HARRISON Of P. w, pre.-rred 70 ,rnst
| tHS JuuSHiIbt VI th' ptOpit 81 MS county, u "
inc value Of thu land in his county, instead a
ina uf PERSONS sent from 100 niles distant The
people in conGty could understand the value ol
rs lands better than those from distance. He
would not like The Prince William LANDS TO b.
assessed by strangers from Gresnbrier.
MT. PRICE. The Commissioners can take
The evidence Of the citizens OF Prince William,
aud decide laniy upon the facts.
Mi BURWELL should sustain The amcst.
men Of Mr.. Paxton, as he though ina, privaIe
PROPERTY AIKEN ior public purposes Shouts be
paid c5. Hc lid noi wish 10 SEE Commissioner:
authorized u dednc from the damages The suppcs-
ei pecni az advantages 10 piece oil land. As 10
the peculiar advantages, persons would differ
materially, and there would be no appeal from
the jadgmtnt o. The Commissioners. The land
owner might think he draining his land. an m
jury, instead Of benefit. He is entitled 4 all
,he ,ne'dsnial advantages Of an improvement
The word peculiar" was inserted before be