six hundred and sixty-six dollars and sixty-seven cents in the county of Randolph, and one thousand three hundred and thirty-three dollars and thirty-three cents in the county of Preston. And the said How to be paid. sums shall be paid agreeably to the conditions of the aforesaid act, except that the payments of the said appropriation from the treasury shall be in the proportion to the payments of said county courts and by individuals, of three fifths to two fifths. between Morgan 3. Be it further enacted, That the president and directors of the Location of road said road be and they are hereby authorized to make such changes town and Collins's in the location of that part of said road between Morgantown and ferry changed. Collins's ferry, as they may deem advisable; provided that the expense of constructing that portion of the road be not thereby increased. 4. Be it further enacted, That if any individual subscriber of Remedy against money shall fail or refuse to pay the amount of his subscription scribers. delinquent subwithin sixty days after he shall have been required to pay the same by the said president and directors, it shall be lawful for the said president and directors to recover the amount due from such delinquent subscriber, his executor or administrator, by motion, on ten days previous notice, before the court of the county wherein such subscriber, his executor or administrator resides, or before a justice of the peace for such county. not to be part of 5. Be it further enacted, That the labour heretofore expended Labour on road on said road shall not in any manner be estimated as a part of the subscription. proportion of subscriptions required from individuals. 6. This act shall be in force from its passage. CHAP. 144.--An ACT to provide further for the completion of the road from the Ohio river at the mouth of Fishing creek, to the state line in the direction of Smithfield. (Passed February 14, 1838.) Commencement, creck and Bran 1. Be it enacted by the general assembly, That the board of public Sum loaned to diworks be and they are hereby authorized to loan on behalf of the rectors of Fishing commonwealth, out of the unappropriated fund for internal improve- donville road. ment, to the board of directors of the road from the Ohio river at the mouth of Fishing creek in the county of Tyler, by way of Morgantown and Brandonville, to the state line in the direction of Smithfield, the sum of twelve thousand dollars, to be applied by said board of directors to the completion of said road: Provided, That Security required. the said board of directors, previous to the payment of any portion of said loan, do execute to the president and directors of the said board of public works a mortgage upon all the property, real and personal, held by the said board of directors, and upon the nett income of all the tolls and receipts on said road, and cause the said mortgage to be recorded in the clerk's office of the county court of Monongalia, to secure the payment of the interest on said loan semi-annually, and the repayment of the principal thereof in ten equal semi-annual instalments, beginning with the period of the fourth payment of the semi-annual interest, into the treasury to the credit of the fund for internal improvement. sum necessary. 2. Be it further enacted, That if the income of the fund for in- Board of public ternal improvement shall be inadequate to pay the said loan, the said works to borrow board of public works are hereby authorized to borrow such sum or sums as may be necessary therefor, agreeably to such terms and Conditions of conditions as may be provided for loans for purposes of internal im loan. pp. 24-27. an See ante, ch. 12, provement in any general act passed at the present session of the general assembly. But if no such act be passed, then the said board are hereby empowered to effect the said loan upon the terms prescribed in the third section of the act concerning said road, passed March the fifteenth, eighteen hundred and thirty-six, entitled, act to provide for the construction of a road from the Ohio river, by Rate of interest to Morgantown, to the Maryland line:" Provided, That the said board be paid. of public works shall not be authorized to borrow the said sum of twelve thousand dollars, or any part thereof, at a rate of interest exceeding five per centum per annum, or to loan the same to the said board of directors at any other rate of interest than they have to pay for the same. Commencement. Change of location in part of 3. This act shall be in force from its passage. CHAP. 145.-An ACT to authorize a change of location of a part of the road 1. Be it enacted by the general assembly, That the board of diFishing creek and rectors of the road from the Ohio river, at the mouth of Fishing Brandonville road creek in the county of Tyler, by way of Morgantown and Branauthorized. donville, to the state line in the direction of Smithfield on the Na Commencement. tional road, be and they are hereby authorized to examine an alteration proposed in the location of said road from Morgantown westward to Joseph Morgan's mill on Buffaloe creek, and to report to the board of public works the result of such examination; and if the said board of directors shall desire to make a change of location as aforesaid, and the board of public works shall consider the change proper, the board of directors may thereupon proceed to make the same. 2. This act shall be in force from its passage. ACTS OF A PRIVATE AND LOCAL NATURE. PART II. CHAP. 146.-An ACT to authorize the Portsmouth and Roanoke rail road com. pany and the Winchester and Potomac rail-road company to change the mode of charging toll in certain cases. [Passed March 5, 1838.] 1. Be it enacted by the general assembly, That the president and Where to receive directors of the Portsmouth and Roanoke rail-road company, or deliver produce and and passengers. the president and directors of the Winchester and Potomac railroad company, upon the establishment of convenient depots, warehouses and stopping places on the line of their roads for taking up or putting down passengers, produce, merchandize, naval stores, or other commodities, and upon giving public notice of the establishment of such depots, warehouses or stopping places, shall not be required to take up or receive, or put down or deliver any passenger, produce, merchandize, naval stores, or other commodity, at any other point on their said rail-roads than at a depot, warehouse or stopping place. as aforesaid. articles. 2. Be it further enacted, That the said president and directors Not compellable of the companies aforesaid shall not be required to transport on the to carry small said rail-roads any package or small article on which a less toll is demandable than one hundred pounds weight; and for the trans- Toll allowed portation of any such package or small article for any distance thercon if carried. however short, they shall be and are hereby authorized to demand and receive the sum of twenty-five cents, or they may charge toll on the same as for one hundred pounds weight. And the said presi- Tolls increased. dent and directors of the companies aforesaid are hereby authorized to demand and receive three times the amount of toll now authorized to be received, for the transportation of horses, cattle, carriages, gigs, wagons, carts, or other vehicles; of specie or bullion ; of dry goods in boxes or bales; of vessels, boats, china, wooden, earthen or stone ware, cabinet ware and furniture, and on all bulky articles weighing less than forty pounds to the cubic foot, they shall be authorized to demand and receive a toll on each cubic foot, as for forty pounds weight. 3. This act shall be in force from its passage. CHAP. 147.-An ACT authorizing a loan on behalf of the state to the Portsmouth and Roanoke rail-road company. [Passed March 31, 1838.] Commencement. to the Portsmouth 1. Be it enacted by the general assembly, That the board of pub- Sum to be loaned lic works be and they are hereby authorized and directed to loan on and Roanoke rail road company. behalf of the commonwealth, out of the unappropriated income of the fund for internal improvement, to the Portsmouth and Roanoke rail-road company, the sum of one hundred and fifty thousand dolSecurity required. lars, payable as hereinafter directed: Provided, That the said Portsmouth and Roanoke rail-road company, previous to the payment of any portion of said loan, do execute to the president and directors of the said board of public works a mortgage upon their whole property, real and personal, and upon the nett income of all their tolls and receipts, and cause the said mortgage to be recorded in the clerk's office of the county court of Norfolk county, to secure the payment of the interest on said loan semi-annually, and the repayment of the principal thereof in ten equal semi-annual instalments, beginning with the period of the fourth payment of the semi-annual interest, into the treasury to the credit of the fund for internal improvement: Provided, That all the profits of said company, after ment of interest paying the current annual expenses of said road, or so much thereof as shall be necessary, shall be first applied to the payment of the annual interest on the sum hereby loaned before any dividend shall be made amongst the stockholders. Profits to be ap plied to the pay on loan. Board of public works to borrow the sum necessary. Conditions of loan. Pp. 24.27. 66 2. Be it further enacted, That if the income of the fund for internal improvement shall be inadequate to pay the said loan, the said board of public works are hereby empowered to borrow such sum or sums as may be necessary therefor, agreeably to such terms and conditions as may be provided for loans for purposes of internal See ante, ch. 12, improvement in any general act passed at the present session of the general assembly. But if no such act be passed, then the said board are hereby authorized to effect the said loan upon the terms and conditions prescribed by the act, entitled, an act to increase the capital stock of the Portsmouth and Roanoke rail-road company, and to authorize a subscription thereto on behalf of the state," passed January the twentieth, eighteen hundred and thirty-four: Provided, That the amount of the loan hereinbefore granted shall be first applied to the debts due now by the said company; and upon this further condition, that all the rights and privileges granted to said company by the third section of the act, entitled, an act to authorize the Portsmouth and Roanoke rail-road company to change the mode of charging toll in certain cases, and for other purposes,' passed March twenty-seventh, eighteen hundred and thirty-seven, shall be taken and held to be utterly void and of no effect. Money loaned to money to be bor- Salaries of officers restricted. Company subject to provisions of act. Exception. 66 3. Be it further enacted, That no higher salaries than those paid agreeably to the last report of the company, shall be given by said company until the loan hereby granted shall be liquidated. 4. Be it further enacted, That if said company avail itself of general rail road the benefit of this act, it shall be upon condition that said company shall hereafter be subject to all the provisions of "an act prescribing certain general regulations for the incorporation of rail-road companies," passed March eleventh, eighteen hundred and thirtyseven, except so much thereof as relates to the ratio of votes: Procers not changed. vided, however, That nothing contained in this act, or in the act of the eleventh of March aforesaid, shall be so construed as to change the mode of electing the president and directors, who shall be Provision relative elected and appointed as now prescribed by law, or to change the mode of charging toll as now authorized, and the state proxy is hereby prohibited from voting on the acceptance or rejection of to tolls When state proxy not to vote. Commencement. this act. 5. This act shall be in force from its passage. 66 CHAP. 148.-An ACT to repeal in part the fourth section of the act, entitled, an act to amend the several acts concerning the Petersburg rail-road company, and for other purposes." [Passed March 29, 1958.] transportation out of state re 1. Be it enacted by the general assembly, That so much of the Act prohibiting arfourth section of the act to amend the several acts concerning the rangements for Petersburg rail-road company, passed the sixteenth of March, with companies eighteen hundred and thirty-six, as prohibits arrangements to be pealed. made between that and other rail-road companies not incorporated by the laws of this state for effecting the transportation on adjoining rail-roads, shall be, and the same is hereby repealed. Roanoke company tal. stockholders. 2. Be it further enacted, That the president and directors of Greensville and the Greensville and Roanoke rail-road company be, and they are authorized to inhereby authorized, from time to time, to add to their capital stock crease their capito such extent beyond the present amount of the capital of the company as may be necessary to meet the expenditures already incurred or which may hereafter be required in providing for the trade and travel on their road, first giving to the individual stock- Privilege of old holders, for the time being, or their legal representatives, the option of taking the additional shares, in proportion to the amount of stock respectively held by them, and opening books of subscription in Books for subsuch places as they may select, for any balance of additional stock scriptions to be opened. which may not have been so taken by the stockholders for the time being, or in their behalf. And the subscribers for such additional New stockholders incorporated. shares are hereby declared to be thenceforward incorporated into the said company, with all the privileges and liabilities of the ori ginal stockholders: Provided, That the additional capital herein Amount of inauthorized shall not exceed the sum of one hundred thousand dolcreased capital. lars. money. into stock. 3. Be it further enacted, That should the said president and Power to borrow directors, in lieu of increasing the capital stock of the company as aforesaid, deem it more advisable so to do, they shall be, and are hereby authorized to borrow the said sum, or any part thereof; to issue certificates or other evidence of the loan or loans, and to make Loan convertible the same convertible into stock of the company at the pleasure of the holder, and to pledge the property of the company for the payment of such loan or loans, with the interest thereon: Provided, Stockholders to That no certificates of loan convertible into stock, or creating any lien or mortgage on the property of the company shall be issued by the said president and directors, unless the expediency of making a loan on such terms, and of issuing such certificates, shall have first been determined on at a general meeting of the stockholders by two thirds of the votes which could legally be given in favour thereof. decide thereon. public works to 4. Be it further enacted, That the board of public works be, Loan by board of and they are hereby authorized and directed, to loan on behalf of company. the commonwealth, out of the unappropriated income of the fund for internal improvement, to the Petersburg and Roanoke rail-road company, the sum of one hundred and fifty thousand dollars, payable as hereinafter directed: Provided, That the said rail-road Security required. company, previous to the payment of any portion of said loan, do execute to the president and directors of the said board of public works, a mortgage on the whole property, real and personal, upon all the nett income of their tolls and receipts, and cause the said mortgage to be recorded in the clerk's office of the county of and |