Constitutional Whig. [volume], April 10, 1832, Image 4

About Constitutional Whig. [volume] (Richmond, Va.) 1824-1832

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J.uni's River Co mp-mv; .mil v. hen tlu-y are finally
uinM'il, I liov sli i'il e r-,i u: ni'il t'> the Sr,'mi I Audi,
fur, vnlied l*v ll.e s'; n.ili ri* t>t the Coniine mu.
rrs, or so no ol them, .11.d lie laid lo-furc I lie Presi
dent onil 1 hrcctors of tlie .l.mios River (' onpany.
in order that tlie amount of v ilid siiI'm Motions in i_\
1*0 ••isfort.iiin d, iml proper uni iiri.'s taken there
upon.
I*. ‘I In* Seernul \nd;' ■ r Jt• •1.\vi**» yivcpiib
lie Hot li e. III Hie li lie wsn.p. i s e li • .1.1 V lliili'i pro
per, or ns I lie Piesnli n! still I >irei! ur.s . I l!: J imes 1
iiiver Co tip nr. -h tl direct, ul' ti.e return of tlie i
I'niil.s, am! o|' ihi1 amount ul subscriptions appear, i
ing upon tliein; and aft"r tin* e\ •n.iii ei of liventy !
die. s trom the public itimi <> s ieli notice, tin; Pro.
anient and I tired ors sli ill proceed to ascertain the
anion III of valid sn!i: at: |>t io.s, regarding no per.
soil, lm.lv pulitii* <*r i" r;»nr.ite, oilier thin the
Coi.miiuivve iltli. as .1 siii'si rifer for any share, 1111. 1
less he shall li .ie pai l t liereiip-• it, into tlie II in'; of
Virginia, or Partners* P ink of Virginia at U ■ h.
lnuiltl, at leasl live doll its (o tlie credit of the
.1 lines iiiver Company, ■•nil have furnished a corti
li. ate of such payment to tlie Second Auditor. If
it he ascertained that t lu re lilt hs of tlie ra**|tal
s'liek have imt In i n subsc riiied l»y persons, bodies
politic- or corporate, other than the Common- ,
wealth, then the President and directors of the
J.mies River Company shall direct the ccrlifn;ates
ot payment aforesaid to ho returned to the suhseri.
In-rs, with tin: Second Auditor’s warrant on the
hick thereof, for llio re.payment of the money;
and they shall l eport t ci t lie next Cineral Assembly
the laduru of the subscript ion, suggesting the pro.
halite causes thereof, ami the means, tf any, of
obviating them.
■*. %% nrn i iii oi*—ill ins or morn ni mo cajut:il
stock v I lit 11 have been so subscribed liy per-mis, bo
dies puiitin or corporate, other Ilian the ('onuuoii.
wealth, lint the whole capital shall not have been
subscribed, then the ^'omoionwoullii shall lx* re.
gurded as a subscr.ber for tin* residue of the five
ini 1!ions; and if, including the ('ii.ninunwealth’s
subscription, m re than live millions of capital
shall have liven subscribed, the subscript i ms shall
bo reiinced lo five millions, h\ ? iking otf the surplus
from the highest sulv.cr ipt in us other than that of the
< omiiionwc illh; &. when it shall happen, that two or
more of the highest subscriptions are equal, and
the desired reduction cannot be made by subtract,
mg equally from each, then it shall lie'dcoided hv
lot, from which subscription or subscriptions, the
greater number shall he subtracted, and tin* Presi.
dent and Directors of the James llivcr Company
shall order it accordingly.
!>. When three.lift iis or more of the capital
s«oi’!i shail have been so subscribed hv persons,
bodies politic or corporate, other th in tlie Com.
inonwealth, having paid as aforesaid, live dollars
upon each share, then the subset ibers, their success,
ors, heirs anil assigns, shall be a ixxlv politic A cor.
por.ite, by 11 ,e u.inn* ot the Jatin s Ri\ er <1\ Kana w iia
t oinpanv; and by that name, shall hive perpetual
succession and a common seal, may sue and be
sued, plead ami In* impleaded, purchase and hold,
sell and convey real and personal properly; and
shall lie to every intent and purpose in law, the
successors of the present James River compativ:
I’rvriilrtl, fiowrrrr, That they shall hold no real
edale, except that, which by this act, or some o.
liter act of the (Mineral Assembly, maybe specially
vested in tli"in, or they may he expressly authorised
to acquire for the purpose of the improvements
which they are required to make; and that they
shall in tin wise de il as hankers or merchants, or
in Imying and selling any produce or eommodi; ies
whatsoever, except such as it is obviously convcni.
out and proper for them to purchase and sell in
the regular performance of the duties required of
them by this act; and that they shall not heeuga.
ged in the establishment or conduct of luannfuc.
lures, further than lor the supply ot tlieir oivn eon.
sumption, and that ot the persons in their service,
and in letting to farm or lease, sites for mills and
other maeh nery, and water for their use.
6. I’ho President an I Directors of the James Ri.
ver ( ompaeyas soon as they shall have ascertain
ed that tiiree.fifths ofllie ea; dal slock have been
subscribed as aforesaid, so that, the subscribers have
become a hudy corporate, shall make publication
ot the tact in snr.h newspapers as may be best suit,
cd to give notice to the Stockholders, and shall ap
point a day not more distant l!i tn thirty days, for
h general meeting of ilie Stockholders at some tit
plans in the city ot' Richmond, to the end that the
Company may bo organized by the appointment ot
proper oifieers and agents. If, on the day appoint.
®d, a sufficient number of Stockholders <!•> not at.
1 ' n~t’ •*. general meeting, those present,
• v 'di*>' ' ir. tune to time, till a suliir.ient
: 111 : To this meeting, the Second
V -nil i.ir I*a ■ ■ ;.* *» the original books of subscrip
'•••■ 'tier iMitlie Bertilicales of payment into
the • ks. ■ • subscribers, endorsing thereon
' • • ■' <c payment to the orntr of the
now ('mup iny.
7. lo constitute a general mooting, th**rc must
bo present, either in person or by proxy, a number
c»t Stockholders, having a right to give a majority
oi ad the voles which could lie. given at a meeting
»>t all the Stockholders.
S. Mach Stockholder shall lie entitled to one vote
for each.share held by him, as t'ir as t**n shares,
and to one vote for everv live shares above ten.
y. I here shall be a stated general meeting oftlie
K1 ocklloliicrs, at some tit place, in the city of Rich,
round, on the second .Monday i;i December m each
tour, or at such other time as the live-laws of the
( onipany may prescribe, ami there sii.ili i>o extra
genera; meetings ol the Stockholders, convened
Irmn time lo lime, as occasion may require, in such
manlier as may lie ordered by the bye.laws. If, on
tint day appoint! d for any staled annual meeting, a
sutlieicnt number of Sloe., holders shall not attend,
to constitute such meeting, it shall stand adjourn.
i'd iroin day lo day until a sufficient number shall
allfllll
10. The Stockholders in general meeting, shall
have power to make all such bye laws, rub-n and
icgulution.s, not inconsistent with the constitution
or laws of the land, as they may deem proper, for
the well ordering of the affairs ot the Company,
tor the protection and preservation of their pro
party, and lor the maintenance of good order ami
good police among their olliccrs, agents, servants
and laborers, ami among the boatmen and others
who use their canal and other w orks.
11. At tin; first general meeting, and at r.ieli
stated annual meeting thereafter, tdie Stockholders
shall appoint a President and seven Directors of
the Company, who shall hold their offices for one
year, and thereafter, Until their successors shall he
appointed, utiles, sooner removed by the Stock
holders, in general meeting. Vacancies in the of
fice of President or Director shall be supplied by
the Stockholders in general meeting, or in such
oilier manlier .is I lie hyu-luws may prescribe.
There shall he such ot her officers and agents
of the Company, ns they may think proper. Their
tiulins, the tenure of their oilier, and the mode of
their appointment, shall be prescribed by I lit! bye.
laws; and bond wifii security tor the performance
of their dulics, may be retpiiretl from any of them.
The s.ii.iry, pay and cm diiuicnts of the f’re.- irlent,
Director-, and all other ode ers anil ,ig> tils, snail be
regulated by I he d vc.iaw a.
Id. M' l iv.- f>t the proceedings of the Sto<-k.
holder • at all gone la I meet i u gs. \ r bit d ! \ the >t -.
n.it arc ot the Chair nan, or «>1 • i«-r presiding nlliecr.
shall he regularly ki ot and carefully preset veil, in
’veil bound books ; and tne names of'all the Slock,
holders present, whether in person or by proxy,
shall lie always entered on the minutes.
I I. The President and I rectors of the Comoi.
tty, subject to the control of ih • aws, -h ;i
charged with tin- i.mic-dia'c c ue and supci uitend.
nice oi llic nil i.rs ol t :ic Coupa o; w ii n makic.g
a.u! CA. (:iitili_ I lioir cMiii r„cls. eit c r i.v tic .c i in >
or i»y their I iw fui a .• ; wild ci.n.a'rai in,g ;il|d
preserving tiicir wan k ; with t ic cu>io ;\ .rj |,rc.
sel'Va! loll ol all I tie property of I lie Co.n, a o \
w U n l tic rout roi aim dire 'mo of ;,;j i
A i|iioiuiii for tic- tr .tis: ' oil ol' oii-n....>< „i.all
(oiim i of (• i«- I’n-scc ul and a inipoitv of the Di.
rectors; or \ Ii.*11 tin- I’res dent is aii.-ent, of tiio
Directors, or • ny tVve of i hem, one ofwiiom shall
lie appointed iki c ■ ••it pro tempore.
I.». I bey sli.,.| ke <p i regular joiirnal of tin ir
pr < 'I’lrto*. v • ■«i ■ i ; the i. uai lire of I i.e I’resi
.* e -, , m | », ,,|,| ;mowhere.
in the tlaur of t ■•.' ::l-:.itws pr, i‘ ' ,'| be
ways enl re.!, are , ii*- v . ■ • r.f ,.r r,..
corded. Tii.-vdi.li e-iv.. i, r books of a e o:n,f
to be kept f.t .11 tile reeeipts ml <! I-Ic J . ai-llt«.
and of ill H. • de lings of id- Comp.nv: ,,f| f.|,,jj
caise i heir bo,.- to .• r od.ilv : -d.
annually, on *m i idi- . .‘tfa-kiml.;, rs i„
t heir lived i u • h • if , ppm id .
Id. I'lioy S "i: keep 1 regu irr-dl of their Stock,
holders, arid sit id I'nrtii Ii loeaeii one or more c. r.
t ii '-.ii •* of his stock as may he re«piir .1. verified
by tie’ s al ol’tiie corporation, and the signature
of file IV'-iden!.. 'i'.ie slfck shall be (ii rniod per
sona! c.-t 11e, and is v |cji, -hall i>,|.s t<, purcil e < r<,
execute s or a Iniinist, itm s. Itcl'oro the dividend
on such stock sd ill be pant to any purchaser, cxe.
cidoi (., administrator, regular evnlcncc of title
•!n I he oxliihitee to tin* President and TViroetors, J
i n I i !:•• ori" • ii.11 cert ■ tie 11o of stock, or s it is factory
I ’• 1 * >•' lotg, sii .;i ho proluci I. Whereupon,
;'n' .‘•tool. • ;|| t)(> transferred upon tin* hooks, and j
1 new ticato or cartiticates pr-nt-'d. I’ntil
or’i ev ;|t:nec of title shall h - produced to the |
I r. id.-i:! and directors, or tle-v shall he restrain- |
’ y !«■*.! process, thev shall h • justified in pay.
in; the di\ili uds )<■ tint persons in whoso name!
'• 11 • •' ’<•’ s' :nds upon t1: or h »>ks; and the Com.
I' t i v shall not lie chirp aide therefor to any oilier J
el.iiiii Mit.
17. Within thirty days all r t!;e adjournment ofj
the first •jeuc;.,! meet;',ip of the S*oeklndders, ofj
whieh pnhh • noliee shall lie riven in such news, j
pa tiers as i he l\ -si 1. i.t and directors in »y think
proper, the Stockholders other Ilian the Common,
we illh, shall ptiv into one of the hanks afore.1
t it !. or in o otie of their olliees of discount and do.
po it. siieh a the I're: i i ut ar.d Mire-tors may de
situate, the further sum of live dollars on each
? Ii i r ■ of their stock: :e;.l thev si’til pay the residue
ot’tlieir so!, ctiot iotis- in such s mis. :il such •<, \
and in such maimer, is tli* e\i jeucics of the Com.;
pauy may demand iml as the President and l)i.
reet ors nr* v f •• u t tine to t one reipiirn.
I". It anv to-kin! 1-r sVili Mil to pay the sum
required ol*lii’ii liy ti<i^ id, within thirty days af
ter the .tilj(ii:rii':i oft ic lirst general meeting,
puhlic notice having been given thereof in
the hi inte r above required, or kIi.iII fail
to pay any ittln'r part of the subscrip,
tion lawfully reqni'Cii of him by the pre»i.
dent .ip.l dir.’etor-, after such requisition shall have
been iilvertiM il four weeks in some puhlio news
paper prie'ed in lit* < ity of ltiehniond, it shall he
lawful Ibr the presi Vnt ami directors, after adver
tising the timo and place ot sale for four weeks,
ill surer newspaper so published, to sell at public
auction for rash, tlie share or shares of the delin
quent stockholder, and to convey and transfer tlie
same to the piin ba'i’r. And the said president and
directors, after retaining from the purchase money
the costs and charges of the sale, and the amount
in arre.tr, and due to the company, shall pay over
the surplus, it' any, to the said stockholder, or his
legal r* proven’ itive. If the purchase money shall
be insufficient to p iv the end and charges of the!
sale, and the m:m in nrrear and di:« to the ciuiipa*
ny, then the ih linquciit stockholder, as well as tin*
original suits rilicr for the stack, and tlie heirs, ex
ecutors and administrators of each of them shall
he lia tie lor the payment i*f the halauco;and such
ha! cut may lie recovered of»hc original subscriber
and delinquent stockholder, jointly or severally,
or from tin-heirs, executors or administrators of
cither, upti:: motion on ten days previous notice in
the inferior nr superior court of tho county or cor
pora! ion in which the defendants, or either of them
! may he found, or by warrant before a justice of!
the per.ee, where the sum to be recovered is within i
! the jurisdiction of a single magistrate, or by any
other proper action before any coml having cogni
/.nice I hereof. The mirchaser at such sale shall
he rogirded as m original subscriber, and as such,
he, his heirs, executors and admiiiistrato s,
shall he liable f t nil subse pient. delimpicncics.
111. ^ hen th“ other stoeklui'ders shall have paid
sm h proportion of their subscriptions as will bo
equal to the proportion of the state's subscription
paid by the transfer of their property as aforesaid, 1
then tlie residue of tlie state’s subscription shall ho
paid from time to time, as nearly as may he, in tlie
proportions in which the other stockholders shall
he required to pay tlie residue of their subscrip
tions.
~<h At tlie expiration of thirty days from
the adjournment of the first gcneril meeting oflhc
stockholders as aforesaid, the w hole in'erest of the
co 11monwe iIth in the works and property of the
present James river company, sliail he, &. the sum t
is hereby transferred to the J lines river anil Kuna,
w ha company, hereby incorporated, to he held by
them forever, for the sole use and benefit of the
stockholders; and from thenceforward, the compa
ny hereby iucorparuM’d sh.i!1 be cut.tied to all the
to.ls, rents, and other emoluments, rights, pri
vileges and immunities, which are now enjoyed
by the James river company, subject however to
the incumbrances, limitations and restrictions in
this net declared. 'I he president and directors of
the now company, their olfi rers and agents, at the
expiration of the said thirty days, shall take posses,
sion of the property and works hereby transferred,
and enter upon the receipt of the tolls, rents, and
Other emoluments thereof f.,r the benefit of the
stockholders; hut until td»c expiration of the said
thirty days, the said property and works, the tolls,
rents, and other emoluments thereof, shall he and
remain for the use id the common wealth, in the
same manner as it this act had never passed.
-1. 1 .to James river and Kanawha company
shall lake the property hereby transferred to them,
subject tie the payment of tho dividend of fifteen
per centum per annum forever, to the stockhol
ders ot the old company, and subject moreover to
tin’ pledge of tue surplus tolls of tlie company made
b. former l.iws, for tiic security of those public ere
‘••tors, who on the faith of that pledge have lent
money to the James river company, for Ilia use
of tlie eomniomveat!:; hut the general assembly
hereby pledges the lailh of the common wealth to
the new company, that they shall be protected
Iron, the payment ot .any part of the principal or
interest of the debt contracted by the loans alorc
s.mi. and to this end, tiie profits of the common
wealth’s stock in the new company, and so much
ot tne revenue of the fund for Internal Improve
ment, a% now stands pledged for that purpose, shall
hi’ faithfully applied to the payment of the jute—
ri’st on the said loans; and it this should prove in
adequate, other sufficient stuns shall he provided.
■ii. 1 ;ie Junes river ami Kanawha company
are charged with the duty of connecting the
tide water of James river with tho navigable
watersol the O.aio by onn of tiirso plin-? of^im- j
provemeiit, at their election; that is to say cither bv
a continual ion of tho lower James riv«r c mnl to |
.xinne suitable point on the river not lower than 1
Ijyneliliurg, a continued rail-road from the western j
termination of that canal Io some convenient point1
on the Great K in nvlu river below the great falls 1
thereof, and un improvement of the Kanawha ri
ver trom I bunco to the Ohio, sons to make it suit* j
aide for steamboat navigation: or secondly, bv a i
continuation of the James river canal as aforesaid, 1
and a continued rail road from its western termi 1
nation to the Ohio river: or thirdly, by a rontinu- I
i d rail.road Irani U.ciuuuiid to tlie Ohio river 1
And whether I hey elect one oruno’her of these
plans ol improvement, that which thev elect shall
he executed in a substantial, durable', and work
maniike manner; their improvements shall he I
kept permanently .in good repair; free and lit for '
pulilicti.se, according to the provisions of this act; j
and the works which they shall construct, and the
property win h they snail acquire by purchase or
condeniiialion, under the authority of this law,
shall be vested in them and their successors for
ever, lor their own use and benefit, exempt from
all public taxes, burdens or charges, other than
those w Inch maybe imposed or authorized by this
art J
*J3. If flic! company elect to continue the lower
Jam.M river canal lo Lynchburg, or beyond it, as
p ut of llo ir improvement, thou that canal in all
its parts from Richmond to its western termin i.
If.n, shall l.c at least forty feet wide at top and
twenty eight foot w ido at bottom, with not less
t.i in b'lir feet depth of water at ail seasons of tin;
>'■ t. shall he provided with a convenient tow pall.,
a.! adapted throughout iia whole extent to the
navigation of bouts of not less than thirty-five
tons bord. ri, propelled by horses. To avoid" very
t;re,i expense at d.firull passes, and to furnish
propi r aecoiiiinodat ion to the trade on both sides
ol the r.ver, the bed of the liver shall occasionally
l-e used as p.irl of the l.nn of navigation, when the
r il n-iii water from tlie dams will admit the ronve
n o! apple it.mi of horse power, and the safe and
• i- v p iage oi the mo il canal boats. 'I'be can il
at Its IdWer lemill.lt fill shall be connected with
t til!.- v. ter, so as to enable the boats which
o-j . Ii navigate it with I heir cargoes Ht all times
» i".vi nieir!\ to pass into tide water and descend
lhe rivi r < r return.
• ■ I rmii the highest point on James or Jack
son’s river to which the navigation shall be car
r.'. il i, ninrcs.iid, a rail.road shall be extendad bj
tie Host e.f.vcriciit route cither lo the Ohio
ri\'rnr in - . tie suita do point on the Kanawha
rmr. I.'fi. v the gre it falls llieriol. as the compa
ny may <! t. .Such rail.road shall be graduated
as in be convenient for transportation both east,
w-.rd and westward, and shall ho furnished with
twosios ol tracks, and all other works and fixture.”
necessary for the accommodation of the trade
I hereon.
s". I: iiic company slu uM not choonc to rx'ferid
I .u- lower .aces river canal, but should elect a
1 ""timed rail-road irom Richmond, Inert they shall
construct a rad road I’lom foe lido water at Rich
'‘‘'1 • following I,ie course of James river beyond
i . 'iv Ridge, .V thence by the most convenient
route to the Kanawha river, terminating eitli' T at
the moot|| „| Ul.,t river or at some other convcni.
cot point b. 'o.v the great falls, or at some conveni.
cut point on Iho Ohio r,vcr. And lor the accom
modation of the trade on both sides of James river, \
•hoy shall extend proper arms of the road a ross
•he river, to all towns, and other convenient places
o| deposit on the opposite shore thereof.
If the western termination of tho rail.road,
should be at any point of the Ivanawha above its
mouth, then the navigation <>f the Kanawrha river
from thence to the Ohio shall he improved by locks
and dams or otherwise, so that at all seasons of I
the year it may he conveniently and safely naviga
ted by steam boats of tied less than one hundred 1
tons Inirceii
27. The w orks hereby required of the James river
and K ntawha company shill be executed with dil.
igence, and if they he not commenced within two '
years af-cr tho passing of this act, and Ihiis'icd
within twelve years a ft« r tlio fi;..t general meeting
of'.he stockholders, then tluir charter shall he for.
•cited, and all the works of the company, with the
hinds on which they are situated, and all the rights
plivileges and immunities hereby granted to Uiem
sb.ill lio vested ill the present James river company,
tor flu; benefit of I he commonwealth, and in tliilt
event the present lames river company, ahull lie
regarded to ail intents and purposes as the success,
o.s of the company her by incorporated, in no man.
nor, however, liable for any debts w hich they may
have contracted, or entitled to any part ol their per.
sonal property. I
It the r.ipital oi Uvo im’lions of doll.ir.'i s!i i!l
l«* found insufficient to complete the works requir
ed oflho comp ip v, they shall he at liberty to cn
largi^their capital to any amount which may bo
*"ii:;d necessary to that end. Tho commonwealth
shall be at liberty to take two fifths of the addi
tional capital, or any portion thereof, and tho other
stockholders to take the residue. iSo much there
of, as shall not he voluntarily taken by the com
monwealth and the other stockholders, may be rain,
etl l>v opening new books, and receiving new sub
scriptions, under the superintendence and control
ol the president and directors. The additional cap
ita! shall he taken in whole shares of an hundred
dollars each; and the subscribers, their successors, i
heirs and assigns, shall bo thenceforth, to all in
tents and purposes, members of the company in like
manner as if they bad been subscribers to the origi
n d capital; and shall, in like manner, bo coin.
(Killed to pay the amount of their subscriptions, up
on tlie requisition of the president and directors,
be subject to all the burdens, and entitled to ail the
privileges of the original subscribers.
99 The President and Directors, their officers,
agents and servants, shall have full power and au
thority to enter upon all lands and tenements
through which they may desire to conduct their
road or canal, or any feeder of the canal, or |
against which they may desire to abut any dam; '
and to lay out their road, canal, feeders, and abut- '
incuts according to their pleasure, so that neither 1
the dwelling house, yard, garden, nor curtilage of :
any person lie invaded without his consent. They 1
shall describe by certain limits the laud which they 1
desire to occupy for tin purposes aforesaid, and j 1
such contiguous land as they may desire to occupy J1
as sites tor toll houses, warehouses, stables, and '
ot her buildings, for the i eoessary accommodation *
ot their officers, agents and servants, their horses, '
mules, and other cattle, \ for the protection oflho 1
property entrusted to their care: Provided, That :
the lands so laid out on the general line of the 1
road, canal or ils feeders, shall not exceed one him- '
dred feet in width, that the adjoining land for tho 1
sites of buildings, shall not exceed one acre in '
any one parcel, or one huiilrcd acres in tho I
whole, and that the laud for an abutment I'
shall not exceed one acre. It shall be law- j!
tul for the President and directors to pur- |
chase and hold the land so laid out, or any (tart (
thereof. And if they cannot agree with the I
owner on the terms of purchase, it shall be lawful
tor them to apply to the court of the county in
which such land or the greater part thereof may
lie, and upon such application the Court shall ap.
point live discreet, intelligent, disinterested and
impartial freeholders, to assess tho damages to the
owner from tho condemnation of his land for the
purposes aforesaid. No such appointment, how.
ever shall he made, unless ten days previous no.
tiee ot the application shull have been given to the
owner ot the land, or to the guardian, if the own
er be an infant, or to the Committee, the owner
being non compos mentis, if such owner, guardian
or committee can he found within the county; or
i! he cannot be so found, then such appointment
shall not ho made, unless notice of tho application,
shall have been published at least one month next
preceding in some newspaper printed as conve
nient as may he to the courthouse of the county, !
ami shall have been posted at the door of the court- |
house, on the first day at least of the next prece
ding term of tho said court. A day for the meet- ;
ingot tho said freeholders to perform the duty as
signed t hern, shall lie designated in the order ap
pointing them: and any one or more of them at
tending on that day, may adjourn from time to
time, until their business shall be finished. Of the
five freeholders so appointed, any three or more
ol them may act after having been duly sworn or
solemnly alii ruled before some justice of the peace,
tlint 'hey will impartially and justly to the best
of their ability, ascertain the damages which will
; be sustained by the proprietor of the land from the
| condemnation thereof, for the use of the Com pa.
i ny, and that they will truly certify their proceed.
1 iligs thereupon, to the court of the said county.
Hi). It shall he the duty of the said freeholders,
! *n pursuance of the order appointing them, to as
: semble on the land proposed to be condemned, and
l after viewing the same, and hearing such proper
! evidence as either party may offer, they shall as
I certain, according to the best of their judgment, i
I the damages which the proprietor of the land will
sustain, by the condemnation thereof for the use
ot the Company. In performing this duty, they
shall consider the proprietor of the land as being
the owner ol the whole fee simple interest therein:
they shall take into consideration the quantity and
quality ol tlie land to be condemned, tho addition*
al fencing which will he required thereby, and all
other inconveniences which will result to the pro
prietor from the condemnation thereof, and shall
combine therewith a just regard to the advantages
which the owner of the laud will derive from the
construction of tho road or canal, for the use of.
which his land is condemned.
•*1 • " lien I he said freeholders shall have agreed
upon tlie amount of damages, they shall forth
with make, a written report of their proceedings
under their hands and seals, in substance as fol.
hnvetli: “Wo, freeholders, appointed by an
order of the county court of for the purpose
ot ascertaining the damages which would he bus.
1 fined hy , the proprietor of certain lands in
‘lie said county, which the President and Directors
ot the. James River anil Kanawha Company pro
pose to condemn for their use, do hereby certify,
that we met together on the land aforesaid, on
the day ot , the day appointed therefor j
by the said order, (or the day to which we wore |
regularly adjourned, from the day appointed for
our meeting by the said order) and that having
been first duly sworn, and having viewed the pro- I
"uses, we proceeded to est imate the. fpiantity and j
<pi ility of the land aforesaid, the quantity of addi- j
tional fencing, which would probably lie occasion-'
ed by its condemnation, mid all other inconvenien
ces which seemed to us likely to result therefrom
to the proprietor of said land: that wc combined '
with these considerations, ns far as we could a
just regard to the advantages which would be deri
ved by the proprietor of the said land, from the I
construction of the rail-roa I (or canal) for the use j
ot which the said land j • <o ho condemned: that I
under the influence of these considerations, we j
hive estimated, and do hereby assess the damages ,
aforesaid, at the sum of . Given under our j
hands and seals, this day of .*» At the
beit of the report so made, the magistrate before j
whom the said freeholders were sworn, shall make [
a certificate, in substance as follows: “
county, set: f, a justice of the peace for said I
county, do hereby certify, that the above named
freeholders, before tiny executed their duties as
above certified, woro solemnly sworn (or a dinned)
before me, that they would impartially and justly to
the best of their ability, ascertain the damages
which would be sustained by the above named
, from tlie condemnation of the abovemenf ion
ed land, fortheuso of the James River and Ka
uaa ba Company, and that they would certify tru.
ly,their pi occe lings thereupon, to the court of the
said county. Given under my hand, this
day of
d'J. I be report of the freeholders so made, to
gether with the certificate of the Magistrate ns
aforesaid, shall be forthwith returned by the said
freeholders, to the court of the county; and unless
good cause be shewn against the report; it. shall be
confirmed by the court, and entered of record: but
ii the said report shall be disaffirmed, or if the said
freeholders, being unable to agree, should report
their disagreement, or if from any other cause,
they should fail fo make a report, within a reason
■''•I'" time after their appointment, the court may
at ifs discretion, as often ns may be necessary, su
persede them, or any of them, appoint others in
their stead, and direct another view and report to be
made, in the manner above prescribed.
33. On the confirmation of any such report, ]
and on the payment *>r tender to the proprietor of
the land, of the damages so assessed, or the pay
ment of the said damages into court, when for
goo i cause shewn, the court shall have so ordered
it, the land viewed and assessed as aforesaid, shall i
bo vest.-.! in the James River and Kanawha Compa
ny, in the same manner as if the proprietor hail
sold and conveyed it to them,
31. While tiiese proceedings are depending for
the purpose of ascertaining the damages to the
proprietor for the condemnation of his land, and j
even ho fore they shall have been instituted, the i
president and directors, if they think that the in. [
tcrost of the company requires it, may hy them. |
.selves, t heir olliecrs, agents and servants enter up. ,
on the lands laid out by them as aforesaid, and |
which they desire to condemn, and apply the same
to t!io uses of the company. It when they so take i
possession, proceedings to ascertain the damages j
as aforesaid shall he pending, it shall ho their duty i
Jdigent'v to prosecute them to a conclusion; or if j
none lie then pending they shall without delay in.
stil'i'" them anl diligently prosecute them to a ;
conclusion. And when the report of the freehold. '
ers ascertaining the damages shall be returned and
confirmed, the court shall render judgment in fa.
vor id" the proprietor of the land for the amount
thereof, and either compel its payment into court,
or award process of execution for its recovery as
to them shall seem right.
35. In the mean time no order shall be made and
no injunctqm shall ho awarded by any court or
judge to stay the proceedings of the company in
the prosecution of their works unless it be muni,
lost that they, their olliecrs, agents or servants are
transcending the authority given them by this act,
and that the interposition of the court is necessary
to prevent injury that cannot bo adequately com.
3t>. It"the president and directors shall take pos- |
session of any land before the same shall have been
purchased by them or condemned and paid for no- j
cording to the provisions of this act, and shall fail j
for forty days to institute proceedings for its con- |
ileiiiuation as aforesaid, or shall not prosecute with |
due diligence the proceedings commenced for that
purpose, it shall be lawful for the proprietor of the
land upon giving to the said president and directors
>r any one of them, ten days previous notice, to
apply to the court of tin* county in which the land
ir the greater part thereof shall lie; and upon such
>ppliention the court shall appoint live discreet, in.
Lclligcnt, disinterested and impartial freeholders
.<> assess the damages to the owner from the con -
luiniiation of his land for the use of the company,
‘hall appoint a day for their meeting to perforin the
hitics assigned them, and shall dismiss at the
a.sts of the company any proceeding then depend,
ng on their behalf for the condemnation of the
laid land. 1 he freeholders so appointed, any
lirec or more of whom may act, shall proceed in
ho performance of their duties in all respects in
lie same manner as it they had been appointed on
lie application ol the president and directors of the
lompany. And the court shall in like manner con.
inn or disaffirm their report, supersede them or
my ot them, and appoint others in their stead, or
lircct another view and report to he made as often
is may ho necessary. And when any such report
isccrtuining the damages shall he confirmed, the
•ourt shall render judgment in favour of the propri
etor tor the damages so assessed, and double costs,
ind shall thereupon, either compel the company to
> *}' into court the damages and costs so adjudged
>r award process of execution therefor as to them
shall seem right.
37. W hen the judgment rendered for the datna.
jos asssessed and costs, shall he satisfied by the
layment ol the money into court, or otherwise, the
itle ol the land tor which such damages were as.
-cssed, shall he vested in the company m the same
nanner as il the proprietor had sold and conveyed
it to them.
38. 1 In* said president and directors, for the
purpose of constructing their canals, feeders, dams
;md rail-road aforesaid, and the works necessarily
connected therewith, or of repairing the same after
l hev shall have been made, or of enlarging or other
wise altering or repairing their canals and other
works now in existence, shall be at liberty by them
selves, their officers, agents or servants, at any
time to enter upon any adjacent lands and to cut,
quarry, dig, take and carry away therefrom, any
wood, stone, gravel or earth, which they may deem
necessary: Provided, however, that they shall not,
" ithout the consent of the owner, cut down any*
tniit tree, or any tree preserved in any field or lot
for shade or for ornament, or take any timber, gra
vel, stone or earth, constituting any part of any
fence or building. l*or all wood, stone, gravel or
earth taken under authority of this act, and for all
incidental injuries dune to the inclosures, crops,
woods or grounds, in taking or carrying the same
away, the said president and directors shall make
to the owner a fair and reasonable compensation,
to he ascertained, if the parties cannot agree, l»y
any three impartial, intelligent and disinterested
freeholders, who, being appointed for that purpose
by any justice of the peace thereto required by the
owner, shall ho sworn by him, and shall then as
certain the compensation upon their own view of
the wood, stone, gravel or earth taken, and of the
injury done as aforesaid in taking them.
3'J. If the said president and directors, in enter
ingupon the land of any person under the author
ity oi this act, fur the purpose of laying out or
constructing, enlarging, altering or reparing any
ol their said works, shall, by themselves, tlieTr offi
cers, agents or servants, do any wanton or wil.
till injury to such land or its appurtenances, or to
the crops growing or gathered, or to any other pro.
perty thereon, the James river and Kanawha com.
shill] pay to the person so injured, doulilo the
amount ot the damages which shall ho assessed by
a jury in any proper action therefor.
warn die works of the said company shall
cross any public road, now established, or hereaf
ter to bo established, it shall be tho duty of the
James river and Kanawha company to provide, as
lar as possible, that no obstruction to the conveni
ent transportation of persons or property along such
road, shall ho opposod by their works; and to this
end, they shall always maintain, in good re
pur proper bridges upon their canals, and pro
per pass ways across their rail.road, where the
public roads cross them. Whcnsoo cr their
works shall he conducted through the lands of any
one without his consent, it shall he their duty to
provide for him safe and convenient pass ways
across their works, from one part of his land to the
other. And if, by the enlargement or alteration
ot the canals now in existence, any bridge there,
on, which the present J,uncs River and Kanawha
Company is hound to maintain for the use of the
owner of the adjoining lands, should he destroyed
or injured, the new Company shall, without delay,
re-build or repair it, so that the owner of the ad.
joining lands may sustain no detriment.
41. The General Assembly will be at full liber
ty, at any time hereafter, to authorise any other
rail.road to he joined to the rail.road of the James
River and Kanawha €• m;»any, or he conducted
across it, on such terms as may l»e just, and in
such manner ns not to injure the works of the I
> antes River and Kanawha Company, or obstruct:
the use of their road.
■VI. The present improvements on James river
■hall, ns far as practicable, he kept in good repair
by the Company, and free for use, on the payment
ot the tolls now allowed, except so far as they may
be substituted by the new works required by this
act. J
43. The James River and Kanawha Company
* hall, at ah times, keep open, and in good repair
t ie present Kanawha turnpike hereby to he trails’
ferred to sc I Company, as well as tiie extension ■
thereof to the mouth of Rig Sandy river, from the
tune of tho completion of the same, and shall beau
thoriscd to receive for the use of the said road ami
toe extension thereof, such lolls as they may assess,
provided they do not exceed those now imposed
oyl iw. In the mean time, tho extension to the
mo-ith of Rig Sandy river shall he completed in
i lie manner now required by law, under the direct,
mn ol the James River Company, or such oilier
agent as the General Assembly shall direct, and so
soon as tlie same shall he completed, it shall he
transferred to the possession and control of the
J.imrs River and Kanawha Company.
•11. When tho improvements in the navigation
'■f the rivers hereby authorised, shall have been
made their navigable waters shall be deemed pub
lie highways, free for the use of all persons whatfo.
•ver, paying tlm lawful tolls, and conformin ' to
Hie lawful rules and regulations of the Company
and the tolls shall lie ns follow.- : Upon James and
Jackson's rivers, the Company may demand and
receive, on all articles transported by water or
tlu ir line of improvement, such tolls as they mnv
isscss, provided they do not exceed an average of
lirro cents per ton of two thousand two hundred
mil forty pounds, per mile, upon either the as.
tending or descending navigation, and that the
lolls upon Indian corn, wheat, rye and other grains,
tnd grass seeds; upon flour, corn meal and other
noal; upon hemp, (lax, cotton, tobacco and all
agricultural productions, shall not exceed two and
’ half conts per ton per mile; that tho tolls upon
salt, liar iron, pig iron, iron castings, anil all other
minerals anil fossils, shall not exceed two cents per
ton per mile; that the toll upon coal shall not ex
ceed one cent per ton per mile; and that the tolls I
upon lime, lumber and gypsum, shall not exceed I
one half a cent per ton per mile; these tolls shall |
he in lieu of the tolls now allowed hy law.
45. When thi improvements in ttio navigation i
hereby required, sha'I be completed as far as '
Lynchburg, the tolls hereby allowed may be do. |
mu tided and received upon the transportation be- i
tween Lynchburg a ..i Richmond, and shall he in'
lieu of the tolls now allowed on the lower canal : I
Provided, hoivercr, That until the improvements
aforesaid shall be completed to the mouth of the
North river in Rockbridge, the tolls from Lynchhur"'
downward on such articles as shall have passed
the locks on the montain canal, shall not exceed
two cents per ton per mile. When the improve
ments shall lie completed to the mouth of the North
river in Rockbridge, the new tolls may he demand. '
ed and received upon the transportation below that |
poml isi lieu of tho tolls now allowed on the !
mountain canal: and if the aforesaid improvements !
sh ill he extended above tho mouth of the North ri- \
ver, then tho new tolls may he demanded and re-J
ceivedupon the transportation on such parts of tho |
extended lino of improvement above that point, !
ns may from time to time bo completed and tit for i
use : Provid'd, That no such tolls shall he recei. i
ved on parts of such extended lino until it shall be i
completed as far as Crow’s ferry, and that none (
such shall be received on the transportation above
Crow’s lorry on parts of such extended line, less
than ten miles in extent.
4fJ. Upon the Kanawha rivers when the improve,
ments on the same shall have been fully comple
ted, as herein before authorised and directed, from
the point on said River where tho Rail-Road may
terminate, to the month thereof, the company may
demand and receive, oil all articles transported hy
water, on their line ot improvements, in lieu of
the tolls now allowed, such tolls as they may as- I
sess, provided they- do not exceed one cent per ton
per mile; hut the tolls on salt, liar iron, pig iron I
and castings, shall not exceed one half of a cent i
per ton per mile; and upon lumber, lime, coal and j
gypsum, shall not exceed one-fourth of a cent per
ton per mile: Provided, That all canoes and other
small craft going to or returning from mill, shall !
he exempt from tho payment of tolls. Until said
river is rendered navigable in tlie manner above
prescribed, from the termination of said Rail-Road
to the mouth ol the River, the J.lines River and
Kanawha Company may demand and receive such
tolls upon sai<l river as they may assess, provided
they do not exceed those now allowed hy law.
4/. Upon the Rail-Road hereby authorised, the ’
Company shall have the exclusive right of trails-j
portal ion. \\ hen it is completed, they shall at nil
times lurnisli and keep in good repair the necessary j
carriages and other requisites for the safe and con
venient transportation of persons and property; and
it shall he their duty at all limes, upon the payment !
or tumor ot tlie tolls hereby allowed, to trans
port to any convenient place of delivery on
the road which the owner of the goods
may indicate, and there to deliver nil articles
\\ hich shall he delivered to them for transportation,
or offered to them in proper condition to he trails,
ported at some place on the road convenient for the
reception thereof. They shall give no undue pre
ference in transportation, to the property of one
person over that of another, but ns far as practica
ble shall carry each in the order of time in which
it shall he delivered or offered for transportation,
with the tolls paid or tendered. If the Company,
or any ol its Officers or Agents, shall fail to re
ceive, transport, or deliver, indue time, any pro
perty so offered or delivered to them for transport
ation, they shall forfeit and pay to the party in
jured, double the amount of the lawful tolls paid or
tendered, and shall moreover be liable to an action
on the case, in which lull damages ami double costs
shall he recovered. The Company shall ho liable
as common carriers for any loss or injury happen
ing to goods i:i their possession, or in possession of
their agents for transportation.
‘18. It the Rail-Road he not extended farther
east than the western termination of the James
River Canal, at or above Lynchburg, then the
C ompany may demand and receive for transporta
tion thereupon, such tolls as they may assess, pro
vided they do not exceed an average of eight cents
per ton per mile; and for the transportation of per
sons, four cents each per mile. But if the Rail
hoad should bo continued from Richmond to the
Kanawha, then they may demand and receive the
samc tolls per mile for carriage west of Crow’s fer
ry, at the mouth of Looney's Creek; and may de
mand and receive east of the said Crow’s Ferry,
at the mouth of Looney’s Creek, for the car
riage ol all articles of property from west to east,
| toHs n°t exceeding an average of four cents per
ton per mile; for the carriage of all articles of pro.
perty from east to west, tolls not exceeding an
average of six cents per ton per mile; and for the
carriage ol persons, whether eastward or west
ward, they may demand and receive four cents each
per mile: Provided, however, That the tolls upon
lumber, salt, and other mineral and agricultural
products above enumerated, shall not exceed the
respective averages above declared; that the tolls
on coal shall not exceed three-fourths of these
averages; and the toll on gypsum shall not exceed
one-halt ol these averages. The tolls hereby al
lowed are in lull lbr all transportation on the Rail
Load, and no other compensation shall be demand
ed or received by the Company,
"ii me Kiui-Koaa may be demanded
and received as soon as any part thereof shall have
one set of tracks completed, and shall bo prepared
with the necessary carriages and other requisites
lor sale .iiid convenient transportation. The Com
pany, il they deem it expedient, may defer laying
down the second set of tracks until one set shall
he completed throughout the whole extent of the
Road; hut they shall thereafter lay down the se
cond with all practicable dispatch.
.>(). \V bile the works are in progress, and after
they are completed, the President and Directors of
t . ,Company shall declare and make semi-annual
dividends of so much of the surplus profits of the
stock, after paying the dividends duo to the old
st oc ihojders, as they may deem it prudent to divide.
1 he dividends on the Commonwealth’s stock, or so
much thereof as may be required, shall be applied
towards the payment of the interest on the loans
to the James River Company, and tli^ dividends
on the stock of the other stockholder*!; shall be
paid to their order in such manner as the by-laws
may prescribe.
•>1. 1 he annual nett profits of the Company
proceeding from tolls, rents, and all other emolu
ments, shall never exceed fifteen per centum upon
their capital stork; and the tolls shall be regulated
Irom time to time, so as to restrain the profits with
in that limit. All reductions of the lolls made for
that purpose, shall lie made rateahly, on the Ka
nawha River, on the line between that and Crow’s
berry at the mouth of Looney’s Creek, and on the
lane from thence to Richmond. To the end, that
this regulation maybe enforced, and that the Cc.
neral Assembly may always he informed of the!
condition of the Company, it shall be the duty of
the President and Directors of the Company, an
nually, to report to the Hoard of Public Works, or
to such other public authority as the law may pre
scribe, the true state and condition of the Compa.
ny, its income from tolls, rents, and other emolu.
nients, its expenditures, and its nett profits, to the
end that the Commonwealth and the other stock
holders may enjoy the profits of the stock in pro
portion to the amount of their respective capitals.
The di,;. nds declared as aforesaid upon each!
share, shall always be in proportion to the amount
actually paid thereupon by the stockholders; nnd i
the Commonwealth shall he regarded as having!
paid the lull amount of her original subscription,
Irom the time when her interest in the property
and works of the present James River Company
shall have been transferred to the New Company.
W. If any person shall w ilfully tresspass on the
possessions, or do injury to the works or other
property of the Company, h** shall he deemed*
gin ty of a misdemeanor, and he punished accord
ingly; except in those cases in which the offence
is of a higher grade, or otherwise specifically pun
ished l.v htw. 3 1
53. In the event oflhe said company’s construct.
!nff a r,,i,d for the passages of carriages and heavy
loaded waggons, and keeping the same i • good re
(•■nr. from a suitable point at or near the lower end
ol the existing canal at the mountain suction, to a
poiot on or near the North river, they shall he,'
and are hereby authorised to erect a gale thereon, i
and to demand and rcccicvo such tolls as aro al- ;
lowed by the act passed February the seventh, one
thousand eight hundred nnd seventeen, entitled, •
“an act prescribing certain general regulations for
the incorporation of turnpike companies.”
54. This act shall commence and be in force from
and a ter the passing thereof.
At one million of dollars for all the improve
ments of the State of Virginia, under the direct
ion of the James River Company, the different
works, will stand as follows, viz;
„ . . , ^o*t to
Original cost Jamri ny.
1. Lower Canal, from »« »h« Stats. At Kanawl
Richmond to Maiden’s ha Co.
Adventure, 30 miles, $010,143 13 $474,381 88
(This improvement, in.
eluding tho pond of Mai.
den's Adventure dam,
affords excellent naviga
tion for 10 miles.)
2. Canal through tho
Blue Ridge mountain, 308,506 G1 273,023 80
3. K muwlia Turnpike
from Covington to t!ic
mouth of Sandy river,
on tho Ohio, (inclu
ding the extension of
said road now being
constructed,) whole
extent 11)0 miles,
w hicli when tho exton.
siou is completed will
«"*' . 319,393 09 181,773 25
(Kxclusivo of tho cost of
the great bridges over
Greenbrier and Gauley
rivers $18,000 each, tho
cost per mile (average)
to the James river and
Kanawha Company, will
ho about $832 per mile.)
4. Kanawha river, im
proved by sluices from
’-he Great Falls of that
river (to which the
completed part of tho
Kanawha road ex
tends) to tlio Ohio, 91,666 72 67,916 07^
$1,349,709 57 1,000,000 004
The revenue from these w orks will belong to tli®
James River and Kanaw ha Company at the expi
ration of 30 days after the first meeting of the
Stockholde is.
After paying charges and expenses of every de
scription, including the dividends due to the old
Stockholders, the surplus profits for the year 1831
amounted to $12,731 91. It may bo safely esti
mated that the surplus ot future years will bo at
least as great, and probably greater, judging
from the rti^ul.ir and considerable annual increase
of the profits for the last six years on the princi
pa! improvement.
1 ho clear surplus above mentioned is etpial to
more than 11 per centum on the stipulated value
of the Slate works. The extensive and valuable
rights and privileges granted by the charter of tho
James River and Kanawha Company, arc of them
selves, exclusive of any existing improvements and
the revenue immediately derived from them, worth
a considerable part of tho million of dollars to bo
paid lor the Slate’s interest. J. BROWN, Jr.
, , , , . Second Auditor.
Richmond, 5th April, 1832. Iaw8w
PUBLIC SALE.
ILL bo offered lor sale at public auction,
” " before the front door of Hie Engle Ho
tel, in the city of Richmond, on the *20th of
April at 12 o'clock, on a credit ot six
nmnlis, a HOUSE &. LOT, situated on Mum
or 1', street, in said city. The house is ofbiick,
three stories high, well calculated for a store and
deeding bouse.— 1’lie lot fronts on said Main or
E street, about 27.) feet, and extends back from
saij street, towards Exchange Alley, to a lir.e
drawn directly across a yard, from a corner r.f
a lumber or war. house, on the entire lot, (a part
now only being oflered tor sale) to a point where
another line drawn from the corner ul the kitch
en on said entire lot, to where it would in'crsrct
a line, from the corner of the Kitchen of Ful
cher, (or what was formerly Fulcher’s kitchen)
which said back line is nearly parallel to the
s-aid Mam or Estreet, and includestfie privvand
recess annexed tfi« r.-to, on the side ofthe said
lumber or ware house, parallel to the said Main
or E street, and running thence (from the said
point ot intersection) along the line drawn from
the corner ofthe kitchen on said entire lot, to the
corner of Fulcher’s kitchen, including also a
passage of 27) feet, extending from the before
described lot to Exchange Alley, which said lot
or parcel of ground wufi the apjnn tt-nances, is a
part ot a lot purchased by John King, ofthe re
presentatives of Thomas Gdliat, (reference to
which title may be had, at the Office ot the
11 listing's Couit tor the ciiy of Richmond )
The above described property will be sold by
virtue ot a Deed of Trust, executed by John
King to John Macrae, dec’d. and John Gibson,
Jr,if record in the Office of the Hosting's
Court of Richmond, to satisfy Jane Boyle,
Adm x. of D. B >yle, dcc’d. cer'ain debts in said
Deed mentioned.
I lie purchaser w ill be r qoired to execute a
negotiable note with good endorsers, at one of
the Virginia Ranks m tlie city of Richmond, (or
at one ot their Branches in the town of Frede
ricksburg.) payable in six months, and also to
execute a Deed ot I’rust on the property to se
cure the purchase money.
JOHN GIBSON, Jn,
Surviving Trustee.
jn 2ft—2a w tils o
Valuable Heal ami Personal
Instate at •Sariion.
PURHUAIM 1' to a decree ol the Superior
Court of Law and Chancery, for the Coun
ty of Henrico, pronounced on the 24th day of
January, 1832, in the cases of Robinson, vs.
Malinin, and the Farmers Rank vs. the s ine—
and ok an.amendment thereto, made on the day
thereafter—we shall (as Commi sioners for
that purpose, appointed by said decree.) offer for
sale, at. public auction, on the premises, to the
highest bidder, for cash, on Tuesday, the first
day of May, 1832, at the hour of I I ’o’clock, A.
M-, all that Tenement i • ftp C ty of Richmond,
j called and know n by the nameoMho Eagle I Io—
'cl. tlu Tenement next below the Eagle Hotel,
together *» rh the Rooms kvit an Arch adjoin—
mg , the said la.-t mentioned Tenement — and
lie Tenem nt next clove the gf.itl Eng'e Ho
to , comprehending all the gioni d lo r. ti.fore
conveyed to Edward II .llarn. by Jim R. Esme
nartJ & wifi*, being the real proper!v conveyed by
the several Deeds of I ro t. m<*i.ii*»nr• <I in said
decree;and tnimerJintelv thereafter, we shall, in
• ike manner, offer fi.r snl-\ ail the personal Pro
perty now remaining, which was Convened by
the Deed of 'friist <>t the Otli December. 1818,
executed by satd Hallnm, to U'm Hay, jr and
Win Miinlord, Tiu-d ts. Ac , wlncii Deed con
veys the f'olli wiiio Slaves, to w;?: R. n, Peter,
Mtlly, Tom, L*vinia. and her child. Albert, a so
Dolly, and cln’dren—mgeihcr w i I, fif y R.-ds,
Mattrasses, Rcdsteads, end Funi'elire complete
SAMUEL PULLIAM.
THOS. R. CARTER
ma 1-co td* Commissioner?.
VIRGINIA—At rules, hoiden m the ( le:k‘» office of
tlip Circuit Supeiior Cotnl of Law anti Chancery for
Henrico county, the 6th dav of February, 18.J2, Join*
Robertson, Attorney General of the Cmiirnnuweabh of
Virginia, plif, rgainst .Mary W. Ricks, Nathan el Win
ston, arnl other (ills.
I lie defendant, Nathaniel Winston, noi having entried
his appearance and given security according to the ael of
Assembly an I Ihe rules (>l this Court, and U appearing hy
satisfactory evidence, that he is not an inhabitant ol iios
country: u is oidered. that the said defendant do aj pear
before ilie judge, of our said court, at die Capitul, in lha
ciiy nf R.cltinond, on lint first day of lire next term, to bo
linlrlen fnr 'lie trial of civ.I causes, and nii-wer the trill of
the plaintiff: and rfiat a copy of tins order 're forthwith
iroeried in some newspaper pul fished io the city of
Richmond, for two months srtce.es>ivelv. at.d posted a: the
front d ior of the Capitol in the saul < i'y.
il A copy Teste, J. RoBtx<r x, Ok.
VVIRGINIA:—./Il rules, hoiden in the eterk*. r flice of
the cireuil superior court of la v and chancery for
Henrico cnnntv. die mn'h tiay nf March, lhfj; Thomas
Rerllv, pit . B"*tn«t Rnlreri Ned-on, Y\ ilia,,, \\ Aa-lsoo,
Caiulme Nerleon, w idow, an t Rebecca V l/rn<\ Wil
liam G , Caroline anti .Ait e Neihon, mf cl„|;|,,en of
llnelt N-Il no. dere.ivil, John I .1.1 a Re... and Ca
tharine bis Wife, .'/• bertina NeiRna, wdCw and .Mary
Jane. Albcm*. G'.awforr! »ni| („.rI„.,le infant*,
cbddren n' J .me, C Ned-on, Hecra«-rl and nd,e, dfts.
I ,te defendants above oa-ned, imt i-avir-g ermreri theu
appearance and given •eeuiiiy arcn:)o, Hn- art of as
sembly atid the rules of i»i > emm, and it appearing by
sal.slac ory evidence. .hat tney a,e „,.t inhabitant* of
tins rorintrt . It i* ordered, that the sani defendants do.
a| pear before lire Judge of rmr -aid eonrl. at ttre eapitof,
ir tire city of Richmond, on the ten'll day of the next
lav It roi, to Im hoiden for the Inal of civd cates-. and
ails"er the bill of tire plaintiff; and that a ropy of ibis
order he forthwith inserted in some newspaper published
in tin* city nf Richmond, f>r two month* sucre* ivelv, and
posted at the front door of the rap,tot, in the saidr.ity,
28 A Copy. Tcte, WM. G. SANDS, D C.