The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1880-03-05

f0fXes y UT30cu
| from the mouth Of North river, hin twenty
m Dhs from the date OF fuch salc aud CONVEYANCE
Wm>a the said Beard shall he satisfied tnat iws nty
nye a. iles OF said railroad are fuIlv completed shs
snrrrn, Ger to said company 10000 IN value Of said
bonds: I'd for each successive section OF twenty.
am ont OF 100000 in vauc shall be SURRENDERED
and on The G.. mpleto OF the whole work the whole
the bonds wn s,a no b2sbn EsbalS sn, and
Acs hany Ra,Ir ,ad Company TO complete sac rail-.
road wnhu The TINE prescroed as srorcssn. ne y,
forf ittd and he "a Ne. or so msnv thereof as may
remxiu with she Boar ~ Public Works a. The lime
ot snsh FORFEITURE shall as Wr Rt
from any unforeseen cA.ualies Il should lie found
impiaciicabie TO complete the line within me time
prescribed. the Hoard Of Pgblic Works shall have
power 10 extend The time for period not exceeding
SIX months. The frst one HUNDRED ana SIX miles OF
said railroad shall be eon.truc,tu 10 zen M
the date OF said contract aud tonveyanee' ahn Oh
ssid one hundred andsix miles hity miIrs shsI ps
below Lynchburv. and 1fsy.sjx miles above Lynch
Buchanan and Clifton Forge shall be- counted part
ofsaid hrty-six miles above Lynchbuvg Inc sur
said one hundred and six miles are concerned. be
limited 20 that no Withdrawal for more than nfty
mi,es shall be made for construction aboye L,nen
burg until at least hfty miles below Lynchturg are
constructed IL the canal from CouiDbla IN fii-
yanns county to the First locks above sthunan's
Mills on the Rivauna river shall be discontinued at
any Time said railroad oany shall, within ninety
Gays after SAID disc0ntinuaDce, build brapcn OF
their road along the line OF said Rivanpas river
Fifth After a d1al and absolute contract oil sale
shall have been concluded between The james River
iesbanv Railroad % comnsny. and Si'bin len days
after the James Rive ana Kauawha Company shall
have In wiring notified ibe Richmond ase Alleyha.
ny Railroad Company OF Its readiness TO convey all
It's properly and franchises In pursuance OF such
contract, the Richmond and Allegheny Railroad
Company shall make the cash payment aud deposit
hereiabefore required OIL tender OF such convey.
apce; and II tucn cash payment and deposit shall
not then be made th- contract OF purchase shall be
hx. aha .l.,lfl lN and oln
contract must be made within one hundied and
twenty days after the passage Of this act.
"Sixth. IL IL hereby provided that The rate or
dockage at Richmond shall not exceed The rate at
present established by The James River and ka-
nseNha Comoany. and an tn,ting contrsc,s s., ,or %
spec'ed and maintained al rates not exceeding the
present rates. except In those cases In which hey
may he cancelled or ahered by agreement OF extii.
gushed Nv condemnation. IL shall be the duty of
the Richmond and Allegheny Railroad Company 10
Of the canal along It's line between Bosher's dam
and tidewater, and a'ong the Lynchburs level be-
tween the waIer-works dam (which shall be PIE
servedl above Lynchburg and tee hrst lock beiow
Lynthuurg. ana in the construction OF tt5 railroad
II shall not SO Dc sroy or obstrct The present canal
between Boshers dam and 'idewater, or between
the wafer-works dam above Lynchburg and the
frat lock below Lynchburg as to lessen The present
water supply:
Richmond and Allegheny Railroad Company, far
as required by The 1st aud 9th clauses OF this LIST
section and the construction and equipment by said
company OF the railroad hereinbefore Described,
within The time herein limited: and the perform
ance by sand company or The duties prescribed Dy
the 9th clause OF this FIRST seciion shall be suni-
cient connsnce with all The conditions on which
the franchises OF the James River and Kanawba
Company we're heretofore grantee 10 IL by The state
of Virginia provided that nothing contained In
fhis act shall release The RIchipond and Allegheny
Rsilrac Company f,om the Obligation imposed on on
the James River and kanawhi Company by It's
charter to maintain fsi III bridges over any portion
of he canal not filled up, and 10 keep oDen neces-
sary bitches near The same and where ;he canal is
up.
bridges formerly stood. failure TO bnd said rail-
road wi hin two years from the date OF he exnira-
ton of the time above prescribed for the compile
tion OF its works shall work forfciure Of said
works, property. and franchises, and also OF lhs
company TO said James River and kanawbs Com
| pany: provided. however that such forfeiture shall
not prejudice The lght OF any creditor Of said rail-
road company, and upon such forfeiture said James
River and kanawha Company shall theieupon be
revived and restored as corporalion, with all OF
It's rights privileges, and franchises JUS as they
! existed at The date Of the passage of this net.
| ''ADd the Board of Public Works are hereby au-
!horzea aud reqgrgd %neneysr IN the,r IIDipa b
proper steps In The Crcaii Court of the city of Itch
mond by such prSceea,ngs as 70 .hm sha n6 seen s
ciared; and the said Board OF Public WORKS shai',
upon tie adjudication of such forfeiture, AXE pos:
hold ihe S. me until the james River and Kama Nha
Company >hall be reCrgani zed, and thereupcn tnrn
of Public Works shall without delay cause said
company o be reorgaDized In conform ~ with laws
| now in force In regard thereto.
But nothing herein contained shaii be construed
| as releasing the Richmond aud Allegheny Ia " ad
company from any obligation now resting on me
| James Kiver and Ksnawha Company TO erect
bridges or make Garth nllDgs. and keep the same in
repair where SAID canal crosses the streets Oh
any city, if such obl alton exists, provided the clty
1 of Richmond shall not make any bridge or nlllnI
viii sha sbstrucf or injure the power or right OF
said Richmond and Aileghany Railroad company
10 furni the water power or said canal 10 parties
desiring TO use the as required oy the prsys-
ions of this act. T., an,
"Elghih. The said railroad COMPANY may; 10 ~, n
preaching and passing thrcush LynchDure' rrshge
| for he ternporary OF any tracks already con-
structed, for period not exceeding three years.
| Ninth The Substitution OF railroad Tor canal
az line of commerce. shall he so managed as not 10
Interrupt the business OF he canal during the pre-
gress vi railroad construction on snch narls OF he
canal as are not necessariiy Occuped by the railroad
company at the time of construction.
| "Tenth. All the property acquired OF constructed
Inv ise Richmond and Allegheny Railroad COM
many under This act otherwise shan be subject 10
taxation in the State of Virginia to the same *
tent and In like manner as that of other railroads
or canals which are subject 10 taxation, nolw'tn'
standing any provision TO the contrary In the char
Ter OF the James River and hanawha Company, or
IN the charter OF any other company 10 whoSe
rights privileges franchises the James River ana
Kauawha Company has succeeded.
| =. Eleventh. In any n0rlgsS or Deco OF lrutI
| which may hereafter be executed by said Richmond
and All, ghany Railroad Company on lis works anc
property, at least one Of the trustees snail at Al
| ippmpS Inc resident of the Stlle OF Virginia.
"Twelfth. The Ricbmond and Alleghsny Ran.
road Company shall have no ghI ncsreS
nor shall IL have any right after The comp eion o.
its railroad to charge tolls upon e ,np %
any mart of said river, but may charge ren Tor th'
use of water derived from It's works. as Is no" pro
vided by law. - ,uooho,x poi,
road I,ompany shall not charge for tolls on boats
passengers, and freighs upon the canal, so ehg a.
the same or any part wer ,nerep rsas than e
mum rates char ged by the James River ana Ma
nawha Company since the 18th day OF May, 1877
i {. Fourteenth. When The railroad SHAH have beeh
suhstitu.d for The canal as 4 line OF eoBmerce q;
Contemplated by this act. the Richmond and ALE
~ ali boats Ihen engaged In or it for regular bust
ness operations on said canal tne iar cash vaue "
such boats at that time, said value 70 pe
nv commi ssoners to be appt tinted on tne ihouoh %
any boat owner. after en- DAYS notice 10 sa'd hlch
moud and Allegheny Railroad Company, or on tn'
of the said Rlchnona anu 9 ih ysity o.
| picImond for the purpose OF assessing and nAlns
such value; and upon the conf mAfion Dy sal cour
of the report Of said comsslo the SAN r3roae
camnany shall pay into said court The aggregai'
amount of the values so ascertaineu: provueu uie
agsrtgae amount so re9area rec, 20 eyceed o sa50oo
and in the 0is'rioution of said aggregate sum \
II be not sufficient. 10 pay an me amounts :
ascertnined the said court shall give prefer
80. tn the owners OF such Of said boats as sLai
have heen IN gagged IN III for regular business ope
rations on said canal at tne ,e oi e and the
dne III any, shall be by said Court disiriou'eu 70 W.
owners OF such or said boats as shal nave oeeh pu
IN on.ratiop upon the canal subsequent 10 ine eAe
cution of sid con ntrscr the dis ribution IN eaci
class 10 be pr0 rata. And upon the aeceptahce a., o.
said ascerIained value or Of said distrlDulv
Share. i'm everv case the owners Of the boat o
hoats thus In whole or In part compensated ior
snail deliver the same to the said railroad compan.
and therenpon the right OF properly In snch Doat o
boats shall vest In said railrosd s,N psns, @s
every case in which said ascertaintu va'1s 49,,
distrihu,iye share shall moi be accepted by yoeat
owners The said Court shall refund To s'id hicn
mond and Allegheny Railroad Company ,n,,,, ro,r.
spending sum OF money out OF the sgsrega e amoaii
40 10 be paid into court as aforesaid. .uo..
Fif,eeuth The said Richmond and Allegnan
| p.t,ro.d Cou,nany shall furnish 10 the peopls "