The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1853-02-18

The BrRTING GROUND ON CHURCH HrLL.-We
present the action Of the Common Council on
Monday last, with respect to this subject, in fall
Mr. Johnston, attorney, gave the following opinion
which was duly arranged in alphabetical order and
presented to the Council:
In pursuance of resolution of the City Council,
adopted on the 9Th December the burying grosnd
committee have asked TO look into the state of
the title of the city the land Church HILL lying
between oath and 25th Streets and both sides of
Clay street, part of which Pur chased and part
condemned for the use of the city 8boHt the year
lS45, being then wanted for burial ground The
Hlittee inform that the Council NAV perhaps
not want that land for cemetery, and al looking
out for a more suitable location elsewhere, and
may desire to abandon or sell the land in question
which Was selected in 1915, and are asked, there
fore
lst What is the nature of the title of the CITY TO
the lands so purchased and condemned!
ID. Whether the title Of the city in those lands,
any OF them ill be forfeited if the use of them
fer burial ground is abandonedf
Sd. May the city sell them, or any of them9
The laud in question consists of ground nearly
surrounded by revinas, which was conveyed by
Richard Adams to James Warreil, by deed, dated
the LIST of January. 1916 and was laid out by War.
rel into lots and alleys, according TO plan called
WarrelPs plan, copy of which is fled in Henrco
County Court, with the papers of the proceedings,
under tie wit Of al Qu0d'ddnnun presently to be
mentioned.
Several of these lots were acquired by the civ
in the year l845 by purchase End conveyance viz:
lots No. 3 ana No. 4, by deed, from John 4 pIe,-
tss and wife, dated the 18th July, 1885, lots No H.
II and IL, by Gee3 from r. c. Nicholas commits.
sioner, GATED February 1915; and lot No l6 by
deed from John Enders and wife, dated the 7th Of
July, ls45. (The language of the deed prescri5es
various restrictions and closes with the following
| various recommendations which we subjoin):
We are informed that no action has been had
under this condemnation, except the payment Of
S15 to free woulau OF color named BETSY Ander-
son, on account of her interest in No. Is, one of
the condemned lots None of the other proprie.
tors have come forwardto claim their assessments,
and the city has not made or rendered any other
payments, or made any use OF the land. The re-
port OF the committee next proceeds to argue at
length the right OF the city TO the condemned land
and closes with the following inference:
"And as the right Of the city on the land con-
demned has not yet been vested neither do we
perceive that any obligation has attached to th,
city otake the land and pay the damages assessed
except perhephs in the case of Betsy Anderson -
The statute provides for the assessment as ueces.
sary preliminary to the acqu sition of the land; but
this assessment alone does not take from the pro.
p;letor his land, nor impose envy obligation to pay
Tor 1t. The following resolutions were presented
by the committee, and ordered TO be laid on the
table Tor further con sideration:
Resotred, That the burying ground c1mmittee be
instructed to cause the land owaed by the city as
referred to in the above report laid of in lots and
cold on such terms as they may deem advisable,
snd pay over to the Chamberlain the proceeds
thereof
RESOLVED, That the land referred to in the above
report as being condemned for buryng ground
De abandoned tor such purpose and released to it's
owners at the time of its condemnation.
Reso'ced, That the terms proposed BIZ BETSY An
derson be referred to the city, the S75 paid her on
account OF the condemnation, be accepted.