The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1903-02-18

the tenant himself would DO willing to
nay for stioh premises, for such ,inex-
pired torn, k no was In tho market seok-
Ing such lease. II he, rather than be
turned out, would give more than any
ono else, that Ii not the market value Of
the lease. Nor shall you takt into con-
sideration the good will OF tho businesses
OF said lessees as Kidding to The value Of
said unexplrod terms,
You arc further charged that In nscer-
tanning the amount OF what will be lust
compensation to the tenants, respectively.
In this case as entering into the value Of
their leasehold estates, you may properly
take into consideration oil evidence tond-
Ing to show actual value Of the lease.
hold interest In the respective tcnancies,
OF which It Is proposed TO deprive them;
tho actual loss to be suffered BY these
lessees, respectively, from tho loss, de-
struction or depreciation OF the improve.
inentH placed by them In the properties,
respectively, Specially adapted to the con-
duct OF their business, II any there be
shown by the evidence, in exccss OF what
would result from such loss and removal
at the expiration OF the lease; and in dc.
tern1ining the value OF the interests or
estates OF the several lessecs the jury may
consider the adapthbility OF the prem.
lses, respectively, for the purposes to
which they are devoted by such lessccs
during the remainder OF their respective
terms, and generally for all purposes for
which they may be used during said pc.
Rods, having In WV the existing needs OF
tho community and the difficulty in ac-
quiring another and suitable premises. II
any such difficulty there be.
FOURTH.
You are further charged to assess the
dana ges as between the parties them
selves specially Interested In this case
as follows:
(a) The part going to the Shafer estate
shall be assessed to the administrator
with the will annexed OF John c. shafer,
deceased. ks,
(b) The part going to the whitlock es-
tate, for the ground rent shall be as
sesscd to Mrs. Elizabeth y. WhItlock for
her life, and after her death to the exccu-
tors and trustees OF Charles e. whitlock,
deceased.
(c) The part going to the said lessees, to
them respectively.
You are further charged that in ascer-
tanning the compensation to the Shafer.
estate. no deduction should be made for
any amounts allowed to tenants, or for
any amount allowed to the Whitlock es-
tate, on account OF the ground rent aforc-
said, in excess OF thirty thousand dollars,
that being the cost thereon to the Shafer
estate, and the sum which 1t now and
since the time of It's creation has cost the
said estate to yield the income OF one
thousand five hundred dollars per annum
at five per centnm per annum.
FIFTH.
You are further charged that in arriv.
Ing at what Is a just compensation to be
awarded for the property taken in this
proceeding, that you should not be iniu-
enced in your action by the fact that 1t Is
the Government OF the United States that
desires to acquire the property, but
should value tho same only as II you
were fixing values between individuals.
And you are also charged that you
should not take into consideration the ex-
isterce. II any such there be. OF desire
on the part of the public to have this
property particularly, with view OF se-
curing needed public improvement or
the fact that any fixed sum has been
talked OF as the amount for which the
property can be acquired. and only at
which the Government would be willing
to acquire the same. Your sole and only
function IS to ascertain what Is a Just
compensation for the property that is
proposed to be taken.