Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1832-04-17

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oeeu one cent per ton per mile and that the tolls
upon lime, lumber and gypsum, shall not exceed
Vho nan cent per ton per mile these tolls shall
De In lieu OF the tolls allowed by law
10 When the improvements in the NAVIGATION
hereby required, shall be completed as far as
Lynchburg, the tolls hereby allowed may be de-
handed and received upon the transportation be-
| tween Lynchburg and Richmond and shall Inc in
Heu OF the tolls now allowed on the lower canal =:
fTorided, hoDerer, That until the improvements
aforesaid shall be completed to the mouth of the
North river i'll Rockbridge, the tolls from
downward on such articles shall have passed
the locks on the mountain canal shall not exceed
TWO cents per ton per mile. When the improve
nents shall be completed to the mouth of the North
| river III Rockbridgc, the new tolls may be demand
cd and received upon the transport alton below that
point IN lieu of the tolls allowed GA the
mountain canal: and if the aforesaid improvements
snail be extended above the mouth of the North ri
yer, then the new tolls may be demanded and re-
ceived upon the transportation such parts of the
EXTENDED line OF Improvement above that point,
as may from time to time be completed and fit for
use Provided, That such tolls shall be rcce-
yea on parts of such extended line until it shall be
| completed as far Crows ferry, and that none
such shall be received the transportation above
Crows Terry on parts of such extended line, less
| than ten miles in extent.
40. Upon the kanawha rivers when the improve
.heh's on the same shall have been fully compile
tco' as hersn before authorised and directed, from
the point Oh said River where the Rail. Road NAV
terminate to the mouth thereof the company NAV
demand and receive, on all articles transported by
wafer on their line of improvements, in lieu of
the Tolls now allowed, such tolls rs they may as
sess, provided they do not exceed one cent per ton
per mile; but the tolls salt bar IRON pig iron
and castings, shall not exceed one half of a cent
per ton per mile; and upon lumber, lime, coal and
gypsum, shall not exceed onc-fourth of a cent per
ton per miles Provided, That all canoes and other
small craft going to returning from mill shall
DC exempt from the payment of tolls. Until said
river is rendered navigable in the manner above
| q .hnI
10 the mouth OF the River, the james River and
hanawha Company may demand and receive such
to'is upon said river as they may ASSESS provided
thcy do not exceed those now allowed by law
a.. Upon the RAILROAD hereby authorised the
company shall have the exclusive right of trans
portatlon When it is completed, they shall at all
tunes furnish and keep in good repair the necessary
carriages and other requisites for the safe and con-
transportation of persons and property; and
1t shall be their duty at all times upon the payment
or tender OF the tolls hereby allowed to trans
port to any convenient place of delivery ON
the road which the owner of the goods
may lnaicate, and there to deliver all articles
winch snail be delivered to them for transport alton
or offered to them in proper condition to be trans
ported at some place the road convenient for the
reception thereof. They shall give no undue pre.
ference III transportation, to the property OF one
person over that of another, but far as practical
bic shall carry each in the order of time in which
II shall be delivered offered for Transportation
with the tolls paid or rendered. If the Company
or any oil Its Officers or Agents, shall fail to re-
ceVe, transport or deliver, in due time any pro-
perry so offered delivered TO them for TRANSPORT
alton, they shall forfeit and pay to the party in
Jured, double the amount of the lawful tolls paid or
rendered, and shall moreover be liable to an action
on the case, in which full damages and double costs
shall be recovered. The Company shall be liable
as common carriers for any loss injury happen
ing to goods In their possession possession of
their agents for transportation.
AZ. If the Rail Road be not extended farther
cts &c Al
tiVer Canal, at or above Lynchburg, then the
Company may demand and receive for transporta-
ton thereupon, such tolls they may assess pro-
vided they do not exceed average of eight cents
per ton per mile and for the transportation of per-
sons, tour cents each per mile But if the Rail-
Road should be continued from Richmond to the
hanawha, then they may demand and receive the
same tolls per mile for carriage west of Crows fer
| ry, at the mouth of Looney's Creek; and NAV de-
| mand and receive east of the said Crows Ferry
| ut the mouth of Looney's Creek, for the car
rage OF all articles of property from to east
| toils not exceeding an average of four cents per
ton per mile; Tor 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 OF persons, whether eastward or west
ward they may demand and receivecfour cents each
per mile: ProUided h0Deuer, That the tolls upon
lumber, salt, and other mineral and agricultural
products above enumerated, shall not exceed the
respective averages above declarcd that the tolls
on coal shall not exceed three-fourths of these
'Ni SO ',u VIC loii OH gypsum snail not exceed
onc-half OF these averages. The tolls hereby al
lowed are IN full for all transportation the Rail
| Road; and no other compensation shall be demand
ed or received by the Company.
Az Tolls on the Rail Road may be demanded
and received as soon any part thereof shall have
one set of tracks completed and shall be prepared
with the necessary carriages and other requisites
Tor SAFE and convenient transportation. The Com
pany, II they deem it expedent, NAV defer LAYING
down the second set of tracks until one set shall
be completed throughout the whole extent of the
Road; but they shall thereafter lay down the Sc
cond with all practicable dispatch.
so. While the works are in prosress and after
they are completed the President and Directors of
the Company shall declare and mako sem-annual
dividends of so much OF the surplus profits of the
stock, after paying the dividends due to the old
stockholders, they may deem it prudent to divide
Inc dividends on the Commemorative stock,
much thereof as may be required, shall be applied
towards the payment of the interest on the loans
to the James River Company, and the dividends
on the stock of the other stockholders, shall be
paid to their order in such manner as the bylaws
may prescribe.
81. The annual nett profits of the Company
proceeding IRON tolls, rents, and all other emolu
mcnts, shall never exceed fifteen per centum upon
their capital stock; and the tolls shall be regulated
from time to time, to restrain the profits with
IN that limit All reductions of the tolls made for
that purpose, shall be made rateably, on the Ka-
nawha River, on the line between that and Crows
Ferry at the mouth Of Looneys Creek and the
Line from thence to Richmond. To the end, that
this regulation may be enforced, and that the Ge-
neral Assembly may always be informed of the
condition of the Company, il shall be the duty of
the President and Directors of the Company, an
| nuay, to report to the Board 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 enlolu
ments, It's expenditures, and its nett profits to tho