Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1874-02-03
1@TRANsIENT BII.Ls-oAsH.

damages assessed therefor, and the compile
tion of the fences aforesaid, if any, the ar>
plicaut, his heirs, aud assigns, shall have tho
free use and enjoyment of the said private
road to the same extent as il il were y pub>
lie road, so long as he and they shall comply
with the condition, if any, upon which it was
granted.
DUTIES OF TIE OWNER OF DAM ACROSS
WHICH ROAD PASSES.
As The owner or occupier of every dam
shall. so far as 3 road passes over the same,
keep such dam in good order, at least twelve
feet wide at the ton, and also keep in good
order bridge of like width over the pier head,
food gate, OF arv waste ont through or
around the dam. mud shall erect and keep in
good order n strong railing on both sides of
such bridge Nr dam. II he fail to comply
with this section he shall psv fine for every
twenty-f"nr hours failure of two dollars
But the tine shall not, in any one prosecution,
exceed fifty dollars; and whero n mill dam IS
carried awsv Nr DESTROYED the owner or occu>
pier thereof shall not be thenceforth subject
to such fine until one month after the mill
shall have been nut in operation. And every
owner Of dam hereafter built, which dam,
by tho backing Of the water or otherwise, or
If any race or ditch connected herewith shall
materially ohstruct any public road, shall.
whenever it may he necessary for the safe and
convenient crossing Of the same, or the pond
created thereby. huild md keen in repair over
and across the said dam, pond raco. or ditch,
a bridge of like kind and description as is
hereinbefore specified. aud for any fnilure to
do so. every such owner or occupier shall be
fined rs her"inhefore provided
HOW WHARF, PIER OR BULKHEAD MAY BE
ERECTED
46. And person owing land upon a water-
course nav erect wharf on the same, or
pier or bulkhead in such water course or>
posite his land so that the navigation be not
obStruct"d thershy and so TINT such wharf.
pier, or bulkhead shall not otherwise iujure
the private rights of any person. But tho
county court Of the county in which such
wharf, pier, or hulk head shnll be, after causs
ing ten DAYS notice to be given TO the owner
thereof of its intertion to consider tho suh>
ject, If it he satisfied that such wharf, pior,
or bulkhcad ohstructs the navigation of the
water course. or so rncroHchcs on any public
landing ns to prevent the FREQ use thereof,
may nbate the same.
IL. Any person desiring the privilege of
erecting n wharf ut. on any public landing
may present pet ton to the court Of tho
county for such privilege but notice of tho
petition. or of his intention to present the
same, must he posted Mt the front door of tho
court house, and three public places in tho
district, in which it is proposed to erect such
wharf. three weeks NJ least before tie petition
is acted on. Tho said court uron pctition and
notice, may grant such privilege upon such
conditions md Limitations, md fix such rates
and charges for Wharfage it sces fit But
1t may. at any time afterwards upon ten davs
notice to the owner Of such wharf or his
tenant, rcvok" such privilege, or alter fuch
conditions or limitations, or regulate the rates
Of charges
4S Nothing contained in either Of tho last
two sections shall be construed to authoriz.
the erection Of nnv wharf pier. or bulkhead
within tho limits of an Incorporated town vii-
Iage. or city, without the consent Of the council
thereof
EXCEPTIONS rs To ROADS IN TOWN.
40 Nothing contained in this net shnll he
construed to take from the Jurisdiction. charge
or control of the council, trustees, or other
authority nf anv town, village or city. so much
Of any road bridge. landing or wharf as By the
laws now in force is ruArr such jurisdiction,
charge OF control exclusively.
RIGHT OF WAY. ECT To TIMBER AND MN
ERAL LANDS.
80. Any person owning land having tim
ber upon it. or containing coal, ore, or other
minerals, wholiesires to obtain subteraDesn
or surface right Of way, by railroad or other
wise, under, through, or over land belonging
to another, or over any railroad, canal, stste
or county road, for the purpose Of mining for
such minerals. or conveying Euch tiTT6eF, or
minerals to market, or for the purpose Of
draining any coal or mineral lands, under.
through, OF over lsnda belonging to another.
or who desires to obtain land on or near q
railroad. navigahle stream, or pubIic road, for
a place Of deposit. sale, and shipment Of Buuh :
timber or minerals, may make application
thereof in the manner prescribed bv law. and
the proceedings thereon had shall be accord
ing to law.
81. The report Of the commissioners ap-
pointed pursuant TO law to ascertain the first
compensation, to bc paid for the property, tn
he taken or injured for the purpose mentioned
in the preceding section shall not be confirm
ed and ordered 10 be recorded By the court,
unless from such report and the evidence il
the case the court is Of the opininD, that tho
purpose for which the properly is to be taken
Is of pIblic utility, nor then, If it appear that
the mansion house Of any person or the yard.
garden. or orchard. pertaining thereto. or auy
mill, warehouse, factory. store or shor, rail
road, canal, state or county road, will be ma
teriaIly injured and upon payment Of the
compensation so asccrtsincd, within the time
and the manner prescribed By Law. for taking
private property for nuhlic use +; a right Of way
only shall be vested in the applicant, not n
exceed City feet vide in any case except a.
to the land condemned for such pIsce of de-
post. sale. and shipment (which shall in
case exceed one acre) as to which the title
shall be absolutely vested in the applicant.
upon such payment. When the right is ~
vested in the applicant to CROSS any railroad.
canal. state. county or nther rnad he shall