The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1867-02-28

100 pounds; on leaf tobacco. 3 cents per
100 pounds on live and Slaughtered
hogs, 8 cents each; on dry goods, 10
cents per 100 pounds; on pig iron, %
cents per ton; on empty barrels, cents
per 100; on hoop-poles for barrels, 5
cents per 1000; on bogshead poles. 10
cents per 900; on pipe slaves % cents
per 1000; on all articles not enumerated,
cents per 100 pounds; on coal shall be
charged tolls at the rate of one and a
half mills per ton per mile. And when
the company shall have completed any'
section of 10 miles or more OF the inn
provement above Charleston, it may
collect additional tolls thereon and in
proportion to the rates authorized to be
collected below Charleston, provided
always that the annual expenditures
on the river by the company shall at
least douoiy exceed the annual tolls
collected by the company until the i'm
proyement is completed. And when
completed, ifthe foregoing rates of toll
snail not produce net averaged an
nual revenue Of 10 per centum on the
amount expended upon the river, then
the company may increase, pro rata,
the said tolls, SO as to produce net ay-
eraged annual revenue of Is per csntum.
3. When the company has completed
the Improvement of the river accord
ing to its charter, If at any time 1t is as
certained that its net annual revenue
| exceeds an average of fifteen per centnm
per annum, on the application of any
toll payer the judge of the circuit
court OF kanawha county shall appoint
three discreet. disinterested free-h -holders
residing within his circuit, who shall
revise eQuitably the tariff OF tolls here
In provided, so as to produce, in their
Judgment, as near as may be, the net
averaged annual income of fifteen Der
| fal Cl1S
commissioners shall make report to the
said judge, who shall, on hearing, con-
firm their said report or recommit until
said tariff is by him approved, which
shall then be the tariff by which tolls
shall be collected.
10. The navigation, improvements
and properly of the company shall be
exempt from taxation until the net in
come arising therefrom shall be six per
centum per annunI.
II. Manifests, under oath, If requir-
ed y of the cargoeS of all boats naviga-
with the receiver of tolls, designating
the names of the cargoes, of their own
ers and the masters of the boats or other
vessels in which the said cargoes shall
be shipped, and of the boats and YES
sells, together with those of the ship
pers or other agents having the control
or direction of the said cargoes
and the legal tolls shall be demanded
and paid to the collector of tolls accor-
dinghy; and in all cases of failure to
comply with the regulations hereby es-
tablished and to pay the tolls afore-
said, 1t shall be the duty of the said re-
ceiver TO seize and hold the boat or
other vessel concerned in the neglect or
evasion thereof, until the law Is fully
complied with; and if that be not done
within the space of ten days from the
time OF such seizure, it shall be lawful
To- . NNrRaH w.Hw r.
hVe days previous notice of his inten-
ton, by advertisement at the door of
the court house of Kanawha county, to
sell at public auction, for ready money,
SO much of the said cargoes OF said
boats or vessels as Will be sufficient TO
pay the tolls due, with the addition of
nfty per cent. thereon, and the necessa-
ry expenses incurred by the said re-
ceiVer in seizlDg, securing and taking
care of the said vessel and cargo, and
the said boat or vessel, with the re-
naming cargo, and any balance of
money which may remain from the
sale aforesaid, shall then be returned
to the lawful owners or proprietors
thereof, or TO their agents. The said
company, their receivers or agents,
may sue out an attachment before any
justice against boats and cargoes upon
the Kanawha river, for tolls due and
unpaid by the said boats, their owners,
shall be prosecuted as in other cases of
attachment for debt
II. The receivers of tolls shall be au-
thorized to board and enter all boats or
other vessels in the said river, whether
in the stream or at anchor, or at the
landings on either shore of the Kama
wha river, and to demand and receive
the legal tolls on all the commodities
contained in the said boats or vessels,
whether fully or in part loaded, and in
case of failure to pay the said tolls
when thus demanded, the boats and
vessels, and the cargoes thereof, shall
be liable TO seizure, sale and disposition
in all respects, as prescribed in the
foregoing section. And all and every
person or persons on board of any
boat or other vessel, in the said river,
and having control of the same, refu-
sing or neglecting to come to when re-
quired by the receiver TO do sc, shall for
felt and pay twenty dollars to the use
OF the said company, to be recovered
before any justice of the peace; and all
persons resisting the said receiver in
the execution of any powers given to
a misdemeanor and be prosecuted ac-
cordingly.
l3. All persons whether principals or
agents, who shall ship OF, or authorize
TO be shipped of, any article subject to
the payment OF toll, without having
of tolls, as herein prescribed, and hav-
ing paid the tolls due thereon, shall for
felt and pay three times the amount of
the tolls on the articles SO shipped off,
| to be recovered for the use of SAID COM
pany before any Justice ---- s--sai
IA. The receivers of tolls are hereby
authorized to prosecute, in the name of
the company, in the usual forms, for
any penalties, forfeitures or punish
! ments authorized and sanctioned by
10. The company may proceed to
condemn any lands which will be
overhown by reason of its improve
ment, aud as many as five acres in any
one place for erecting thereon locks,
abutments, toll houses and other build
ings necessary for navigation purposes,
and may proceed to take from the ad-
jacent lands any materials necessary
| for its Improvement But, before
overfiowiug- lands or taking land or
materials, the said company shall pro
ceed to ascertain the value of the land
to be overlown, and of the land and of
the material to be taken, in the method
/ provided in chapter 50 of the Code (lS60)
of Virginia, so far as the same is appli-
cable to the circumstances, Rlutdtis ntu-
tdRdiS. And the duties in said chapter
| imposed upon the former county courts,
circuit court. And no Injunction shall
| be awarded against the company, ex-
cept when ii Is plain and manifest that
/ it has violated this charter.
| I6. This company is required to COM
mence, bona JGie, the improvement of
| the kanawha river within six months
from the organization OF the company,
I i've years, TO such an extent that there
/ Sba11 ha af least five feet of NataF at all