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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.