The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-10-19


Jamoa River and &nnawha Company,
: which has been chartered us the slc-
cessor OF the James River Company
tActs 1912. p 7S). was authorized 10
buy and execute liens upon the Drop-
crty OF the Richmond Dock Company
This act provided that The said con-.
pany shall be regarded in law as the
successor of the Richmond Dock Com
pany, and shall enjoy all their charter
rights and privileges. and shall be sub.
Jcct to all the duties imposed upon
them by their charter" save only the;
The government of the dock company
was substituted by that Of the James
River and Kamawha Company This
purchase Mas consumTated. and tho
James River and kanawha Company
having been authorized by the act OF
March 90. 1917, to connect its canal
system with iidewatcr through the
dock, the latter was thereafter operat-
ed as II part OF such canal system, ex
tending from Lynchburg 10 tidewater
at Richmond.
Tracing, Its History.
tho works. property and franchises
OF the James River and Kanawha
Company We're transferred to the
Richmond and Aleghauy Railroad
Company pursuunt to an act of the
General Assembly approved February
-, 1879 Acts 1859. p. l2i. whereby
the railway company was authorize!
to abandon nearly all of the canal and
TO substitute a railroad therefor as n
public utility, but the sixth section
provides that the rate of dockuge at
Richmcnd shall not exceed the rate
at present established by the James
River and Kanawha Company, and all
existing contracts for water privileges
along the entire line shall be re-
spected and maintained at rates not
exceeding the present rates. except In
those cases in which they may be
cancelled or altered by agreement or
eXtnguishe6 by condemnation. 1t
shall be the duty of the Richmond
and Allegheny Railroad Company to
maintain the present water supply of
the docks. and of the canal along it's
line between Boshcr's dam and tide
water, and shall not so destroy or oh
struct the present canal between
Bosher's dam and tidewater as 10
lessen the present water supply"
By the act OF December IS. 1889
Acts iSS9-9o p. ., the Chesapeake and
Ohio Railway Company was author
3zei TO unite with the Richmond and
A.leghany Railway Company, the sue
ressor OF the Richmond and Allegheny
Ralroda Company, by purchase or
merger and that act provided that
lin the event OF such purchase or
merger the Chesapeake and Ohio Rail-
way Company shall be entitled to.
md shall have and possess all the
nights. privileges. franchises and
property of the Richmond and Ale
Ghany Company" and shall assume
all Of it's lawful debts and obliga-
tons" Pursuant to this authority the
Richmond and Allegheny Railway
Company conveyed all of Its property
and franchises to the Chesapeake and
Ohio Railway Company on January
90 1890.
What Act Provided.
By the act of February Is. 1901, eX
ira session 1901, page 221, the Chesa-
peake and Ohio Railway Company was
authorized to convey the Richmond
dock to the William r. Trigg Company,
which latter company was authorized
10 execute a lien or liens upon the
property so purchased and it's profits
and franchises. or any part thereof"
and that act provided that "the Will
siam r. Trigg Company, Its successors
and assigns. shall be regarded in law
as the successor of the Richmond Dock
Company. the James River and Kama
wha Company. and it's successors and
assigns, as respects the said Richmond
dock, and shall enjoy all the charter
rights and privileges incident and APP
purtenant thereto, and be subject to all
the duties imposed upon the said Rich
mond Dock Company. its successors and
assigns, by law" The act also pro-
vides that the rate of dockage at Rich
1nond shall not exceed the rates pre-
viously provided for. and that the wa
ter supply shall not be diminished, and
declares 1t TO be the duty OF the Will
liam r. Trigg Company, its SUCCESSORS
and assigns, SO to receive the water
supply and maintain the water supply
of the docks so as In no manner to
lessen the same, and that the Trigg
Company should become party TO the
conveyance for the purpose OF express
Ing its ACCEPTANCE ION behalf of itself,
its successors and assigns, of the du-
ties and obligations set forth by It and
then TO be assumed and performed
Pursuant to that act, the property was
conveyed to the William r. Trige Com
pany. and that company became party
to the deed and accepted for itself. its
successors and assigns, all the duties
and obligations in the said act and In
the deed. and especially those imposed
on the Richmond Dock Company, its
successors and assigns. by law.
The William r, Trigg Company thus
became the owners of the property, and
under the express authority of the act
OF 1901 executed q deed of trust upon
the dock property, and becoming In
Noiseo Nneneielly' the property was
sold July ~ 1905, for the benefit OF
IT'S creditors, under decree of the Chan
Gerry Court of the city of Richmond, In
the chancery suit of S. H. HAYES &
GO. and others against the William r.
Tfigg Company and others. and the sale
confirmed to the defendants The
agreed statement of acts shows that
the property has been paid for In fun
and that the defendants are entitled to
q conveyance OF the same, hut thar no
conveyance has ever been made ia
them. Since that time. and unit! July
o. 1911. The defendants have had pos
session OF the property as purchasers
and have operated the same and col.
lected tolls for the use thereof
The advertisement OF the sale p!airiy
nT.r.xr-r,--,v-----,----,---.