Chap. 329.—An ACT to secure the removal of certain dams on the
James river and its tributaries.

Approved May 20, 1887.

Whereas numerous residents of the James river valley have
presente a petition setting forth that serious injuries are

eing inflicted upon that region by the maintenance of sun-
dry dams of the Richmond and Alleghany railroad company.
and asking that such steps as are practicable be taken to
secure the destruction or removal of-said dams for the pur-
pose of improving the sanitary conditions and lowering the
flood lines; and whereas the receivers in charge of the prop-
erty of the Richmond and Alleghany railroad company have
joined in said petition, and expressed their readiness fully to
co-operate in said endeavor: provided there can be secured
such protection as would warrant the very large outlay which
the destruction or removal of the dams will involve; and
whereas it is deemed expedient to grant the prayer of the
petition to the extent and under tbe limitations herein pro-
vided; therefore,

1. Be it enacted by the general assembly of Virginia, That
there shall be appointed by the board of public works three
discreet, intelliyent, and impartial men, neither bondholders.
nor stockholders of the James river and Kanawha company.
the Richmond and Alleghany railroad company nor owners of.
nor interested in any lands, property, or improvements to be
affected by the terms of this act, who shall constitute a board
of commissioners to examine into the feasibility of removing
s0 many of the dams belonging to the Richmond and Alle-
ghany railroad company as may be removed without viola-
tion of its charter obligations and without injury to any ex-
isting or vested rights. The said commissioners shall confer
with the said receivers or their successors, and all parties who
have grants or leases of water power, who shall furnish them
with all needful information, and the said commissioners shall
determine which of the said dams should be destroyed or
removed and which should be retained, and shall report the
result of their examination so far as approved and confirmed.
in the manner hereinafter provided, to the board of public
works. ‘The said commissioners shall also, with the advice
of such member of the State board of health or any doctor
of medicine as may be designated by the governor for the
performance of such duty, decide and instruct the said re-
ceivers or their successors as to the season of the year when
the destruction or removil of such dams shall be affected.
Upon such report being made to the board of public works.
the said receivers or their successors, the Richmond and Alle-
ghany railroad company, or any successor company, shall be
authorized and empowered to remove or destroy the dams or
any of them, determined and reported as practicable and
proper to be removed, as above set forth; and if the same be
removed and destroyed in conformity with the terms of this
act, then neither the receivers nor the Richmond and Alle-
ghany railroad company nor its successor company, shall be
responsible or liable for any damages, which may be claimed
to result from such destruction or removal, except such dam-
ages as may be awarded for the condemnation of water grants
and Icases as bhereinatter provided. Nothing in this act shall
be construed as relieving the Richmond and Alleghany rail-
road company from its duty imposed by its charter to main.
tain the present water supply of the docks and of the canal
along its line between Bosher’s dam and tide-water, and along
the ‘Lynchburg level between the water-works dam above
Lynchburg and the first lock below Lynchburg; nor to per-
mit the destruction of any dams used or needed for supply-
ing said levels; nor as interfering with the rights of said com-
pany to sell er Ivase water power on said levels. The com-
missioners shall hold office during the pleasure of the board
of public works. and shall receive as compensation four dol-
lars each for a time not exceeding thirty days, and their
medical advisor ten dollars for each day not exceeding five
days they shall be engaged in the discharge of their duties,
which compensation shall be paid by the receivers of the
Richmond and Alleghany railroad, or their auccessors, who
shall also furnish the commissioners and their medical advisor
with free transportation to and from the place of performing
their duties. .

2. Be it further enacted, That whenever the said receivers
or their successors, or the company which shall succeed the
said Richmond and Alleghany railroad company, shall have
destroyed or removed all of the dams extending across James
river between Bosher’s dam and the dam at Lynchburg,
except the low dam which extends partly across the river at
Middleton mills, the said commission shall certify the fact to
the board of public works, and upon the filing of said certifi-
cate the said Richmond and Alleghany railroad company and
its successor company shall be forever released trom the obli-

gation to build or keep up fishways or ladders into or upon
suc b of its dams as it may be authorized to maintain.

3. Be it further enacted, That it shall be lawful for the
said receivers or the said Riehmond and Alleghany railroad
company or its successor company, to agree with the owner
of any water grant, or the lessee under any unexpired con-
tract or lease of water for the termination of such lease or
grant, and if they cannot agree with the owner on the terms
of purchase, the said receivers, the Richmond and Alleghany
railroad Company or its successor company, May proceed to
condemn such grant or lease and extingnish further obliga-
tion thereunder; and the said commissioners provided to “be
appointed by this act, who shall constitute a board for the
purpose, shall, after giving notice to the owners of such

water rights as required by law tor the condemnation of lands,
assess such damages as may result to the owner or lessce of
such water grant from the removal of said dams and the
consequent destruction of the water power. and make report
to the county courts of the respective counties where the
water power is used, and after the filing of said report the
proceedings shall conform as near as may be to the provisions
of chapter fifty-six of the Code of eighteen bundred and sev-
enty-three, regulating condemnation proceedings.

4. This act shall be in force from its passage.