[BILL No. 188.]
A BILL
Authorizing the James River and Kanawha Company to increase their Tolls.
February 28th, 1843—Read first, to be read second time.
1. Be it enacted by the general assembly, That the James river and Kanawha company may
2 hereafter demand and receive on all articles transported by water on their line of improvement,
3 in lieu of the tolls now allowed by law, such tolls as they may assess, not exceeding four cents
4 per ton, of two thousand pounds, per mile : Provided, That the aggregate amount of tolls, on ar-
5 tides transported on the canal, shall not, in any quarter, fall below the average rate of two and a
6 half cents per ton, per mile ; and that the tolls may be, in all cases, as high as were allowed on
7 the Old James river canal.
2. Be it further enacted, That in assessing tolls the company shall make no discrimination be-
2 tween manufactured and unmanufactured tobacco, or between flour and wheat.
3. This act shall be in force from its passage.
[ BILL No. 188. ]
SUBSTITUTE
PROPOSED BY THE COMMITTEE, FOR
JVÓ. 188. A Bill authorizing the James Hiver and Kanawha Company to increase their Tollsf and
for other purposes.
Whereas the James river and Kanawha company have presented to the general assembly, a
2 memorial asking such modification of their charter as will enable them to increase their tolls, and
3 the assembly has considered it advisable to grant the said company such modification as will ena-
4 ble it to increase its tolls on the line of improvement on James river ; and moreover to make other
5 changes in the charter of said company, and to provide for the more effectual collection of money
6 advanced to the said company by the commonwealth :
1. Beit therefore enacted by the general assembly, That the James river and Kanawha company
2 may hereafter demand and receive on all articles transported by water on their line of improve-
3 ment on James river, in lieu of the tolls now allowed by law, such tolls as they may assess, not
4 exceeding an average of four cents per ton of two thousand pounds per mile, and that in addition
5 to the tolls now allowed on passengers, and boats used to carry passengers for hire, the said com-
6 pany may demand and receive on every boat navigating the water line of their improvement, but
7 not carrying passengers for hire, such tolls as they may assess, not exceeding four cents per mile
8 for any boat : Provided, That the tolls may be in all cases as high as were allowed on the old
9 James river canal : And provided further, That in assessing tolls, the company shall make no dis-
10 crimination between manufactured and unmanufactured tobacco, or between flour and wheat.
2. Be it further enacted, That in every case wherein, by the regulations of said company, the
2 owner or master of a boat, used for carrying passengers, is required to verify under oath, the
3 statement returned by him, of the passengers carried in his boat, it shall be lawful for the toll-
4 gatherer, to whom such statement is returned, to administer the necessary oath for that purpose,
5 which oath, if taken falsely, shall subject the person taking it, to the penalties provided by law
6 against persons convicted of perjury.
2 [Bill No. 188.]
3. Be it further enacted, That the number of directors of the said company shall be five, and
2 the president and three directors, or in the absence of the president, four directors, shall consti-
3 tute a quorum for the transaction of business. The fiscal year of the said company shall hereaf-
4 ter terminate on the thirty-first day of October in each year ; and it shall be the duty of the pre-
5 sident to cause the annual report of the company, and the state of the finances, to be printed as
6 soon as practicable for the use of the stockholders and the members of the assembly and Board
7 of public works. The report now required to be made to the Board of public works shall here-
8 after be dispensed with, and it shall be the duty of the said company annually to report their con-
9 dition to the general assembly.
4. Be it further enacted, That the proxies appointed by the Board of public works to represent
2 the interest of the commonwealth in the said company, shall not hereafter be interested in the said
3 company, either as stockholders or as owners of property, or by residence on the line of improve-
4 ments ; and if a vacancy happen by non-attendance of any of them at the meetings of the said
5 company, their place shall be supplied by temporary appointment by the Board of public works.
6 As compensation to the present and future proxies of the commonwealth in said company, they
7 shall each be allowed twenty cents per mile for every mile travelled in going to and returning
8 from the meetings of said company, and four dollars a day for each day they are in attendance on
9 the meetings of the said company, to be audited by the second auditor and paid on his warrant:
10 Provided, however. That the legislature hereby reserves the right to repeal or amend at pleasure
11 the provisions of this section.
5. Be it further enacted. That no proxy representing stock owned by others than the common-
2 wealth, shall be valid, which shall have been executed before tbe time of
3 electing a president and directors.
6. Be it further enacted, That if the said company shall make default in the payment of any
2 money now advanced, or hereafter advanced, for the payment of interest on the guaranteed debt
3 of the company by the commonwealth, or any instalment of the annuity to the old James river
4 company now in arrear, or which may hereafter become in arrear, when payment thereof shall
5 be required by the general assembly or the Board of public works, it shall be lawful for the Board of
[Bill No. 188.] 3
6 public works to recover the sum or sums so due, with lawful interest thereon, by motion in the
7 name of the commonwealth on ten days notice in any court having jurisdiction of motions in be-
8 half of the commonwealth against public defaulters. And to enforce the execution of any judg-
9 ment recovered on such motion, the court in which such judgment shall have been recovered,
10 may, on application of the commonwealth, direct a writ of sequestration to issue against the goods,
11 chattels, lands and revenues of the said company, the execution of which writ shall be under the
12 control of the court. On the levy of the said writ, the revenues of the said company thus seques-
13 tered, shall be applied first to support and preserve the works of the company, second to the pay-
14 ment of the interest on the guaranteed debt of the company, or instalments of the annuity to
15 the old James river company, which may be in arrear during the pendency of the writ, and finally
16 to pay the judgment, interest and costs. The sequestration shall continue until these objects are
17 accomplished. Nothing in this act shall be construed to waive or impair the right of the common-
18 wealth to enforce the mortgage executed in pursuance of the provisions of the act of assembly
19 passed March twenty-fifth, eighteen hundred and forty-two.
7. Be it further enacted, That before the company shall have the benefit of the increased tolls
2 herein granted, they shall adopt this act as an amendment of their charter.
8. This act shall be in force from adoption.