Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1832-05-15

IL. The present improvements on James river
shall, far practicable, be kept in good repar
by the Company, and free for use, on the payment
oftho tolls allowed, except so far as they may
be substituted by the new works required bv this
act.
40. The Jamos River and Kanawha Componv
shall, at all times, keep open, and in good repair
the present kanawha turnpike hereby to be trans
fcrrcd TO said Company, well the extension
thereof TO the mouth of Big Sandy river, from the
time of the completion ofthc same, and shall he au
thorscd to receive for the of the said road and
the extension thereof, such tolls they NAV assess
provided they do not exceed those now imnoscd
by law. In the mean time, the extension to the
mouth of Big Sandy river shall be completed in
the manner now required by law, under the direct
ion Of the James River Company, or such other
agent as the General Assembly shall direct and so
soon as the same shall DO completed, it shall he
transferred 10 the possession and control of the
James River and kanawha Company.
IA. When the improvements in the NAVIGATION
OF the rivers hereby authorised, shall have been
made, their navigablc waters shall be doomed NH
lie highways free for the use of all persons wbatso
ever, paying the lawful tolls, and conforming IN
tho lawful rules and regulations of the Company:
and the tolls shall be as follows: Upon James and
'acksoh's rivers, the Company may demand and
receive on all articles transported by water on
their line of improvement, such tolls as thew NAV
assess, provided they do not exceed an average of
three cents per ton of two thousand two hundred
ana forty pounds, per mile, upon either the as
SOhuihS VI ucSCcnulnE Navigation, and that the
tolls upon Indian corn wheat, rye and other grains
and grass seeds; upon flour, corn meal and other
meal upon hemp, flax, cotton, tobacco and all
agricultural productions, shall not exceed two and
halt cents per ton per mile that the tolls upon
SALT bar iron, pig iron, iron castings and all other
minerals and fossils shall exceed two cents per
ton per milc that the toll upon coal shall not OK
coed one cent per ton per mile; and that the tolls
upon lime, lumber and gypsum, shall not exceed
one half cent per ton per mile these tolls shall
be In lieu Of the tolls now allowed by law
40. When the improvements in the navigation
hereby required, shall be completed as far as
Lynchburg, the tolls hereby allowed may be de-
manded and received upon the TRANSFORMATION be-
tween Lynchburg and Richmond, and shall he in
lieu OF the tolls now allowed on the lower canal
Prouided, hoDeuer, That until the improvements
aforesaid shall be completed to the mouth of the
North rverln Rockbrdgc, the tolls from Lynchburp
downward on such articles shall have passed
the locks on the montain canal shall not exceed
TWO cents per ton per mile. When the improve
ments shall be completed to the mouth of the North
river IN Rockbridge, the tolls NAV be demand
ed and received upon the transportation below that
point III lieu of the tolls now allowed on the
mountain canal: and if the aforesaid improvements
snail De extended above the mouth of the North ri
yer, then the new tolls may be demanded and re-
celVedu upon the transportation such parts ofthe
extended line of Improvement above that point
as may from time to time be completed and fit for
use provided, That no such tolls shall be recci
we'd on parts of such extended line until it shall be
completed as far as 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
mcnts on the same shall have been fully comple
TED, as herein before authorised and directed, from
the point on said River where the Rail Road may
terminate, to the mouth thereof the company NAV
demand and receive, on all articles transported by
water, or their line of improvements in lieu of
the tolls now allowed, such tolls as they may
sess, provided they do not exceed 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 one -fourth of cent per
ton per mile: Provided, That all canoes and other
small craft going to or returning from mill shall
be exempt from the payment of tolls. Until said
river Is rendered navigable III the manner above
prescribed, from the termination of said Rail Road
to the mouth OF the River, the James River and
hanaWha Company may demand and receive such
tolls upon said river as they may assess provided
they do not exceed those now allowed by law.
AZ. upon the RAILROAD hereby authorised, the
Company shall have the exclusive right of trans.
portation. When it is completed. thew shall at all
times furnish and keep in good repair the necessary
carriages and other requisites for the safe and con-
vcnient transportation of persons and property; and
IL shal 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 indicate, and there to deliver all articles
which shall be delivered to them for TRANSFORMATION
or oitered 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-
terence Ill transportation, to the property of one
person over that of another but as far as practical
bic shall carry each in the order of time in which
1t shall be delivered offered for TRANSFORMATION
with the tolls paid or rendered If the Company
or any OF its Officers Agents, shall fail TO re-
ceIve transport, deliver, in due time any pro-
perry so offered or delivered to them for transport
atlon they shall forfeit and pay to the party in
Jurcd, double the amount of the lawful tolls maid or
rendered, and shall moreover be liable to an action
on the case III 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 or in possession Of
thelr agents for transportation.
49, If the Rail Road DO not extended farther
east than the western termination Of the james
KlVer 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, four 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
at the mouth of Looncy's Creek, for the car
rage OF all articles of property from west to east
tolls not exceeding average of four cents per
ton per mile; for the carriage of all articles of
Pcrty 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 receive four cents each
per mile ProUided, hotceUer, That the tolls upon
lumber, salt, and other mineral and agricultural
products above enumerated, shall not ccccd the
respective averages above decared; that the tolls
on coal shall not exceed three .fourLhs of these
averages; and the toll on gypsum shall not exceed
one-halt OF these averages. The tolls hereby all
lowed are IN full for all transportation the Rail
INoad; and no other compensation shall be demand