HARNESS VS. CHESAPEAKE AND OHIO CANAL CO. 249

eminent domain, omitted to provide compensation to the owner of the prop-
erty taken for public uses; and such provision was made by the 15th section
of the act of 1824, ch. 79, passed to confirm an act of the legislature of Vir-
ginia, incorporating the Chesapeake and Ohio Canal Company. The 15th
and 19th sections of the charter of this company construed,

The taking of acceptances for a pre-existing debt by a creditor, cannothave the
effect of extinguishing the debt.

If the inquisition of the jury,when returned to and affirmed by the court, under
the act of 1824, constitutes a debt at all, it is a debt of record, and of equal
grade with a judgment, and, therefore, not merged by it.

When the company refuses or neglects to pay for the land condemned for their
use, the owner has a right to call upon this court to protect, by injunction,
his property from injury, until the money is paid.

The complainants were held to be entitled to interest on their claim, from the
day of the affirmation of the inquisition of the jury by the court.

[On the 4th June, 1838, a previous inquisition having been
set aside by Alleghany County Court, a new jury met and pro-
ceeded to condemn the lands of the complainants, for the use
of the Chesapeake and Ohio Canal Company, one of the defend-
ants in this cause. By their inquisition, which was affirmed by
the court of said county, on the 8th of October following, the
sum of $13,256 was awarded to the complainants, as damages
for the lands so condemned. Shortly after the ratification of
this inquisition, the company commenced operations upon the
condemned lands, making some excavations upon the upper
and lower ends of the line, and continued working upon them
at intervals, until the years 1840 and 1841, when their opera-
tions were temporarily suspended. On the 1st April 1840, the
money not being paid, the company accepted the drafts of
William Harness, acting for himself, and under a letter of attor-
ney from the other parties, payable to his order, for the amount
of the inquisition, with interest from the day of its ratification.
These drafts matured on the 1st December, 1840, a-nd having
been dishonored, suit was brought upon them by the payee in
Alleghany County Court, and judgment was recovered, in his
name, at October term, 1842. On the 2d June, 1843, a fieri
facias was issued upon this judgment, and levied by the sheriff
upon the property condemned, and upon another piece of land,
supposed to belong to the company, but which was, in fact,