Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1832-04-24

one half cent per ton per mile; these tolls shall
be III lieu Of the tolls now allow cd by law
45. 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 transportation be-
tween Lynchburg and Richmond, and shall be i'm
lieu of the tolls allowed on the lower canal
Prouided hO,repcr, That until the improvements
aforesaid shall be completed to the mouth of the
orth river III Rockbridgc the tolls from Lynchburg
downward on such articles as shall have passed
the locks OH the mountain 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 Rockbridgc the new tolls may be demand
ed and received upon the transportation below that
point in lieu of the tolls allowed on the
mountain canal: and if the aforesaid improvements
shall be extended above the mouth of the North ri
yer, then tho new tolls may be demanded and re-
ccived 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 no such tolls shall be rcce-
we'd parts of such extended limo until it shall be
completed far Crows ferry, and that none
such shall be received on the transportation above
Crows ferry parts of such extended line, less
than ten miles i'll extent.
46 Upon tho Kanawha rivers when the improve.
ments on the same shall have been fully compile.
ted, horsin before authorised and directed, from
the point on said River where the Rail Road may
terminate, to the mouth thereof the company may
demand and receive, all articles transported by
the tolls now allowed, such tolls they may
scss provided they do not exceed one cent per ton
per mile; but the tolls on 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: PrOuidcd, That all canoes and other
small craft going to returning from mill, shall
be exempt from the payment of tolls. Until said
river is rendered navigablc in the manner above
prescribed, from the termination of said Rail Road
to tho mouth of the River, the James River and
Kanawha Company may demand and receive such
tolls upon said river 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, they shall at all
times furnish and keep in good repair the necessary
carriages and other requisites for the safe and con-
venent transportation of persons and property; and
it shall be their duty at all times upon the payment
or tender of the tolls hereby allowed to trang-
port to any convenient place of delivery
tho road which the owner of tn" goods
may indicate, and there to deliver all articles
which shall be delivered to them for transportation
offered TO them in proper condition to be trans
ported at some place the road convenient for the
reception thereof. They shall give undue pre-
ference in transportation, to the property of one
person that of another, but far practical
bic shall carry each i'll the order of time in which
it shall be delivered or offered for transportation,
with the tolls paid or rendered. If the Company,
or any of its Officers Agents, shall fail to re-
ceive transport, or deliver, in due time, any pro-
perty so offered delivered to them for transport
alton they shall forfeit and pay to the party in
iurcd double the amount of the lawful tolls paid
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 or injury happen
ing goods in their possession, or in possession of
their agents for transportation.
4S. If the Rail Road be not extended farther
east than the western termination of the James
River Canal, at above Lynchburg, then the
Company may demand and receive for transporta-
ton thcreupon such tolls they may assess, pro-
yidcd they do not exceed average of eight cents
per ton per milc and for the transportation of per-
| sons, four cents each per mile But if the Rail
| Road should be continued from Richmond to the
| kanawha, then they may demand and receive the
same tolls per mile for carriage west ofCrows fer
| ry at the mouth of Looney's Creek; and may de-
| mand and receive east of the said Crows Ferry,
at the mouth of Looneys Creek, for the car
riarc of all articles of property from west to east,
tolls not exceeding an average OF four cents per
ton per mile; for the carriage of all articles pro.
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, hO1Deuer, 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
|
half of these averages. The tails hereby al
lowed are in full for all transpor on the Rail
| Road and no other compensation shall be demand.
ed received by the Company.
| 49, Tolls on the Rail Road may be demanded
| and received as soon as any part thereof shall have
one set of tracks completed and shall be prepared
with the necessary carriages and other requisites
| for safe and convenient transportation. The Com
pany, if they deem it cxPcdicnt, may defer laying
| down the second set of tracks until one set shall
| al, thn I,.ln nf al.
Road but they shall thereafter lay down the ss
| cond with all practicable dispatch.
SO. While the works in progress, and after
they completed, the President and Directors o.
the Company shall declare and make semi-annua
dividends of so much of the surplus profits of the
| stock, after paying the dividends due to the ole
stockholders, as they may deem it prudent to divide
The dividends on the Commemorative stock, or 81
much thereof may be required, shall be applies
| towards the payment of the interest on the loan
to the James River Company, and the dividend
on the stock of the other stockholders, shall b.
paid to their order in such manner as the bylaw
may prescribe.
81 The annual nett profits of the Compan
proceeding from tolls, rents, and all other emolu
mcnts, shall never exceed fifteen per centum upol
their capital stock and the tolls shall be regulate
from time to time to restrain the profits with
in that limit. All reductions of the tolls made 70
that purpose, shall be made rateably, the Ka
nawha River, on the line between that and Crow
Ferry at tho mouth of Looney's Creek, and on tn
Line from thence to Richmond. TO the end, tina
this regulation may be enforced and that the &c
neral Assembly may always he informed of tn
condition of the Company, it shall be the duty c
the President and Directors Of the Company, ar
nually, to report to the Board of Public Works,
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 cmou
ments its expenditures, and its nett profits to tn
end that the Commonwealth and the other stock
| boII tbp itc Df thp i'm mr.