Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1832-04-10

DC III lieu OF the tolls now allowed by law.
DO. When the improvements in the NAVIGATION
hereby required, shall be completed as far as
Lynchburg, the tolls hereby allowed may be de-
mandcd and received upon the transportation be-
tween Bynchburg al Richmond, and shall he il,
lieu of the tolls now allowed on the lower canal
PrOcidcd, hOrercr, That until the improvements
aforesaid shall be completed to the mouth of the
North river III Rockbridgc, the tolls from Lynchburr
downward such articles shall have passed
the locks on the mou,ain canal, shall not exceed
two cents per ton per mile. When the improvc
mcnts shall be completed to the mouth of the North
river i'll Rockbridgc, the new tolls may he demand
cd and received upon the transportation below that
point lii lieu of the tolls allowed on the
mountain canal: and if the aforesaid improvements
shalt be extended above the mouth of the North ri;
ver then tho tolls may be demanded and re-
ceWcd 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: Pr0rid,d, That no such tolls shall be recei
we'd on parts of such extended line until il shall he
completed rs far Crows ferry and that none
such shall be received on the transportation above
Grows ferry on parts of such extended line less
than ten miles in extent.
10 Upon the kanawha rivers when the improve
ments on the same shall have been fully compile
TED, as herein before authorised and directed from
the point on said River where the Rai-Ro NAV
terminate, to the mouth thereof, the company NAV
demand aud receive, on all articles transported by
water, on their line of improvements in lieu of
the tolls now allowed, such tolls as they may as
scss provided they do not exceed one cent per ton
per mile; but the tolls on salt bar IRON pir 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 rth of a cent pcr
ton per mile: Prouided, That all canoes and other
small craft gong to or returning from mill, shall
DC exempt from the payment of tolls. Until said
rNcr Is rendered navigabe in the manner above
prescribed, from the termination of said Raj. Road
to the mouth of the River the james River and
hahawha Company may demand and receive such
tols upon SAID river rs they may assess, provided
they do not exceed those now allowed by law.
~. Upon the RAILROAD hereby authorised, the
company shall have the exclusive right of trans
portatlon 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
1t shall be their duty 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
winch shall be delivered to them for transportation
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 IN transportation, TO the property of one
person over that of another but as far as practica
pie snail carry each in the order of time in which
IL Shall DC delivered offered for TRANSFORMATION
with the tolls paid or rendered. If the COMPANY
or any OF Its Officers Agents, shall fail to re-
ceve, transport, or deliver, in due time any pro-
perty so offered or delivered to them for TRANSPORT
alton, they shall forfeit and pay to .he 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 cost
shall be recovered. The Company shall be liable
as common carriers for any loss or injury happen
ing to goods in their possession or in possession of
their agents for transportation.
40 If the Railroad be not extended farther
east IMAM the western termination of the James
Elver Canal, at or above Lynchburg, then the
company may demand and receive for transporta-
ton thereupon, such tolls they may assess pro-
vdcd they do not exceed an average of eirht 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
hahawha, then they may demand and receive the
same tolls per mile for carriage west of Crow's fer
ry, at the mouth of Looneys Creek; and NAV de-
mand and receive east of the said Crows Ferry,
at the mouth of Looney's Creek, for the car
rage OF all articles of property from west to east
lolis not exceeding an average of four cents Der
ton per mile; for the carriage of all articles
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 receive four cents each
| per mile; Pr0rtded, h0DeUer, 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-four of these
averages; and the toll on gypsum shall not exceed
one-lalt OF these averages. The tolls hereby al
lowed arc III full for all transpor on 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
ana received as soon as any part thereof shall have
one set OF tracks completed and shall be prepared
WIN the necessary carriages and other requisites
Tor safe and convenient transportation. The Com
| Pany, II they deem it cxpcdcnt may defer laying
down the second set of tracks until one set shall
DC Dc completed throughout the whole extent of the
| tfpr In he
cond with all practicable dispatch.
d. Whllc the works are in progress, and after
they are completed, the President and Directors of
the Company shall declare and make semi-annual
uVldchds OF so much of the surplus profits of the
| STOCK, alter paying the dividends due to the old
stockholders, they may deem it prudent to divide
! The dividends on the Commemorative stock or so
much thereof as may be required shall be applied
towards the payment Of the interest on the loans
10 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.
oil. The annual nett profits of the Company
proceeding from tolls rents, and all other cmolu-
mentS, shall never exceed fifteen per ccntum upon
her capital stock; and the tolls shall be regulated
rom Time to time, so as TO restrain the profits with
| III mat limit. All reductions of the tolls made for
mat purpose, shall be made ratcably, on the Kn-
nawha River, on the line between that and Crows
Fcrry at the mouth of Looncy's Creek, and on the
Line from thence TO Richmond. To the end that
TINS regulation may be enforced, and that the Gc
neral Assembly may always be informed of the
CONDITION OF the Company, it shall be the duty of
the PRESIDENT and Directors of the Company an
hually, to report to the Board of Public Works or
to such other public authority as the law NAV prc
scribe, the true state and condition of the Compa
ny, It's income from tolls, rents, and other emou
WcntS, Its expenditures, and its nett profits to the
end that the Commonwealth and the other stock
holders may enjoy the profits of the stock in pro-
! M ri Fnrtf tt,r,, & al.