Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1832-05-04

tholr line oil improvement, such tolls as they NAV
assess, provided they do not exceed an average of
three cents per ton of two thousand two hundred
and forty pounds, per mile, upon either the as
ccnding descending 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
half cents per ton per milo; that the tolls upon
salt, bur iron, pig non iron castings and AN ether
minerals and fossils shall not exceed two cents nor
ton per mile; that the toll upon coal shall not cx
coed one cont per ton per mile; and that the tolls
upon lime, lumber and gypsum, shall not exceed
ono half u cent per ton per mile; those tolls shall
DO III lieu of the tolls now allowed by law
10. When the improvements in the NAVIGATION
hereby required, shall be completed us far as
Lynchburg, the tolls hereby allowed NAV be de-
mandcd and received upon the transportation be-
tween Lynchburg and Richmond, and shall be in
lieu of the tolls allowed on the lower canal
Proriaed, ho,ceuer, That until the improvements
aforesaid shall be completed to the mouth of the
North river in Rockbridge, the tolls from Ivnc hmrr
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 liockbrdgc, the tolls may be demand.
cd and received upon the transportation below that
point IN lieu of the tolls now allowed on the
mountain canal and if the aforesaid improvements
snail be extended above the mouth Of the North ri
yer, then the tolls NAV be demanded and re-
ccived upon the transportation such parts Of the
as may from time to time be completed and fit for
use: provided, That no such tolls shall be rccci.
we'd on parts of such extended line until it shall he
completed as far as Crows ferry, and that none
such shall he received tho trans portation above
Grows ferry on parts of such extended line, less
than ten miles in extent.
40 Upon The Kanawha rivers when the improve
mcnis on the same shall have been fully compile
ted, as herein before authorised and directed from
the point on SAID River where the Rail Road may
III,
demand and receive, all articles transported by
water, on their line of improvements, in lieu of
the tolls now allowed, such tolls as they NAV as
Scss, 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 a cent per
ton per milc Proridcd, 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 the mouth of the River, the James River and
hanawha Company may demand and receive such
tolls upon said river they may assess, provided
they do not exceed those now allowed by law.
a.. Upon tho Railroad hereby authorised, the
Company shall have the exclusive right of trans
portaton. When ii is completed, they shall at all
times furnish and keep in good repair the necessary
carriages and other requisites for the safe and con-
ycnent transportation of persons and propcrty 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
tho road which the owner of the goods
may indicate, and there to deliver all articles
which 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 undue pre-
ference IN transportation, to tho property of one
person over that of another but far as practical
bic shall carry each in the order of time in which
1t shall be delivered or offered for transportation,
/ wit III, f1ll1 Il al,
or any of its Officers Agents, shall fail to re-
ccvc, transport, deliver, in due timc any pro-
pcrty offered delivered to them for transport
alton, they shall forfeit and pay to the party in
urcd, double the amount of the lawful tolls paid or
rendered, and shall moreover be liable to an action
on the case, in which full damag and double costs
shall be recovered. The Company shall be liable
as common carriers for any loss or injury happen
ing to goods in their possession, in possession of
| their agents for transportation.
AZ If the Rail Road be not extended farther
| east than the western termination of the James
River Canal, at or above Lynchburg then tho
Company may demand and receive for transporta-
ton tAereupon, such tolls they may assess, pro-
vidCd they do not exceed average of cimnt 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
kanawha, then they may demand and receive the
same tolls per mile for carriage west of Crows fer
! ~, at the mouth of Looncy's 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 ali articles of property from west cast
tolls not exceeding an average of four cents Der
ton per milc for the carriage of all articles of pro-
! pcr;y from east to west, tolls not exceeding an
average OF SIX cents per ton per milC and for the
carriage of PERSONS whether eastward or west
ward, they may demand and receive four cents each
| per mile: PI0vided hO,ceuer, 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 thrcc-fou of these
averages; and the toll on gypsum shall not exceed
one-haf of these averages. The tolls hereby all
lowed arc in full for ali transportation the Rail-
Road; and no other compensation shall be demand
ed or received by the Company.
40. Tolls on the Rail Road may be demanded
and received as soon any part thereof shall have
one set OF tracks complctcd and shall be prepared
with the necessary carriages and other requisites
for safe and convenient transportation. The Com
pany if they deem it cXpedicnt, may defer laying
down the second set of tracks until one set shall
he 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 III progress, and after
they completed, the President and Directors of
the Company shall declare and make scmi-annual
dividends Of much of the surplus profits of the
stock, after paying the dividends due to the old
stockholders, they may deem it prudent to divide
The dividends the Commonw oalth's stock, or so
much thereof as may be required shall be applied
towards the payment of the interest 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 from tolls, rents and all other cmolu-
| mcnts, shall never exceed fifteen per ccntum upon
their capital stock and the tolls shall be regulated
from time to time, to restrain the profits with
III chat limit. All reductions of the tolls made for
that purpose, shall be made ratcably, the Ka-