The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1879-02-08


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EBH Is R 1879
4 f!fsyssig miles aba re Ign ehhnrg. ii lib
cS1ai ffom i,i. ID Flnyaai eonTf,
10 f VI loeks ab 6Ye ST tiiiniiainas ftiilao ),
the dfs5paHna III sHait Be- dJfssof htIel
tats nftS s5mee said aaflroaa asseofnp Bkail
IIIWjtptn nipGty daSs .sstsg said discantin
ths:iR SC saYd RiFsiiaa fissr iaam III coisim GnI
fbid'to tue locks pfofssafdI. lIaytl I'D q
Eitslt raj xsftl.ss 9pg cpg ,}aSts
fasth?s fter afinal and 1 sBas b
sale sha ikhaVe beenlc concluded ibdtHesisahe
lJames RigeEiand !, ,Rans,Yta ,]om,1asy and
kElet Rlscshmond ana Alle9haDy Railroad Gem
psalIny, ana wlthfn Ten days after the, Jspnes
:l,s isiver ana hanawha ConipaRy shalf have in
writing notified atie, sRsehraefid and .Atie-
gtang.s Railroad if2nmpanyo of5aats reatfi
ness55to .epngey,ii ALI its, .propesty, ID
J. .ra9psblses 9p2s !, tn pursuance OF such, con;
tract me Richniond and Allegheny Raii:
road Company shall make the cash fsayG
|meht and deposit herein before ereauired On
tender 0f such leongeyanee; and eiff such
cash paynspt and deposit shall not.hen be
made, the contraet Of purchase shall De aud
become absolutely null afti y6ffdf. 1n5royffled
the said eontfaet sh4ll be made within, one
81 fslsS as ac aaa sgsass G' aHsSs r afs
FER fRss:j suftL4Y,,! uf ,!a !.
4; 6ib4 II IS :bsTshg provided that The rate Ios
doekage At Risbmond shall mol, exceed the
rate at qpIeseDt ssta htished 4 by the james
RiYer and, ] KanaHha nia. Cenipanys and all ex..
lStlng con tracts, ier, water privileges along
the entire line shall be respected and main
+ timed l atgrates not exceeding the present
rates, except I'm those cases, ,ip, which they
may pc cancelled, or altered. by agreement
or, extingnished by COP dfmnation- Itshall
be the duty Of the Richmond aud ,Alieghahy
Railroad CompanY to maintain, The present
water supply, OF the docks and Of, the canal
along its line between n Bosher's dam and
tldefWater, and. in, the, construction OF its
railroad it shall not SO destroy or obstrucs
the present canal between Bosber's. damahd
Il tide.water as Fto lessen the present water
:n.,.,,, FORFEITURE PROVISIONS, runm
nth. The maintenance OF the canal by the
Richmond and Allegheny Railroad Gompai
ny, SO .far; as geauired by the first and, ninth
clauses OF this trstseetiun, and the ecoustrqc-
tion and, equipment by said company Of the
railroad hereinbeiore. described, within the
time. hereinbefore Limited, and the future
maintenance Of said railroad by said compa-
ny; and the performance by:said company
OF the duties prescribed by; the sixth clause
Of this first section shall be sufficient conl-
pliance with ail the conditions on which
." the works, property, and franchises Of the
James River and k6nawha Company are
hereby authorized. to be conveyed. A fall
urel to build SAID railroad within two years
from the date OF the expiration OF the time
aforesaid shall work forfeiture Of said
works, property, and franchises, and also
Of the works, property, and franchises
Of said railroad company to said James
River and Kanawha Company: Provided,
hoGever, hat such forfeiture shall not pre-
iudice the rights Of any creditor OF said
railroad company, and upon such forfeiture
said James River and Kanawha Company
shall thereupon be revived and restored as
4 corporation, with all Of its rights, privi-
leges. and franchises Just as they existed at
the date OF the passage Of this act" ID
And the Board OF Public Works are here
by authorized and required, whenever, in
their. opinion, such forfeiture shall have
occurred, to take the. proper. steps
in the Circuit Court of the city OF
Richmond, by such proceedings as to them
shall seem best, to have said forfeiture
established and declared; and the. said
Board Of Public Works shall, upon the adj
iudication Of such forfeiture, take posses
sion OF said works, property, and fran
|chises, and hold the same until the James
River and Kanawha Company shall be re.
organized, and thereupon turn the same
over to said company, and the said Board Of
Public Works shall, without delay, cause
said company to be re0rganized in con-
formity with laws now In force in regard
thereto. 80" ,'.1
AS TO BRIDGING OF STREETS, &C.. .,
But nothing herein contained shall be
construed as releasing the Richmond and
Alleghany Company from any. obligation
now existing in tine James River and ka.
nawha Company TO erect. bridges or make
earth filings, and keep the same in repair
where the said canal crosses the streets ol
any city, il such obligation exists, or, as
taking from said cities their right to use the
land, free OF charges by the Richmond and
Allegheny Railroad Company, necessary foI
their streets, which right is hereby declared
to exist: Provided, that said city OF Rich
mond shall not make any bridge or filling
which shall obstruct or ,iniure tbe power OF
right Of said Richmond Allegheny company
to furnish the water-power OF said, canal to
parties desiring to use the same, as srequired
by the provisions Of this act.
9Th. The said railroad company may, in
approaching and passing through Lynch
burg, arrange Tor the temporary use OF any
tracks already constructed for period not
exceeding three years. +. y -
9th. The substitutei.of a railroad for The
canal as a;line lOf commerce shall be 2isc
managed as not to, interrupt the business 81
| the canal during the progress OF railroad
construction On SUCH parts of the. canal q:
are i,otnecessarily occupied by the RAILROAD
company, at the time of construction? !''I
oa ';i8 ehG,t STATE 'TAxAT1oN. .hhEiH D 2fi
H. 10th. All the property acquired or con
structed by the Richmond and Atlegban,
Railroad Company shall be subject to taxa
ton blythe State of Virginia; notwithstano
| ing any provision to the contrary in ;th
charter Of the James River and KanaWh
Com panv, or In the charter of any othe
company itoI.Whese rights, prjyileges,-
franchises. the James River ard Kanaw b
Company has succeeded and the esecutio
and acceptance OF the. contra ct herein al
lthorized shall operate as, a. release Of, q
fright OF, claim for exemptio;n from taxatiol
T. 11th. In any mortgage or deed Of tru:
which may hereafter. Be. executed by sal
Richmond and AIleshaf,y Railroad Comps
Inv on its works and 1,,ropsrty. at least, or
Of the trustees shall at all times be a res
denfm m tf,a lStnta Or II rrn,-;n;n. " -