[DOC. No. XXXIX.]
STATEMENT
SECRETARY OF THE BOARD OF PUBLIC WORKS
RELATIVE TO THE
ES RIVER AND KANAWHA CO
1 8.52.
[Doc. No. 39.]
3
OFFICE BOARD OF PUBLIC WORKS,
Richmond, 23d December 1852.
To the Speaker of the
House of Delegates of Va.
Sir,
I have been directed by the Board of public works to transmit to
you the accompanying statement in response to a resolution adopted by the house
of delegates on the 6th inst., and to request that you will submit the same to that
body.
Very respectfully,
Your ob't serv't,
W. R. DRINKARD,
Sec'y B. P. W.
[Doc. No. 39.]
RESOLUTION
Adopted bp the House of Delegates December 6th, 1852.
Resolved, Tha» the Board of public works be requested to communicate to this house tlie
amount of stock subscribed for and owned by the state in the James river and Kanawha
company, the periods at which the subscriptions for the same were made, and the aggregate
amount of interest paid thereon up to this time; and, if any, what amount has been re¬
ceived by the state on account of said subscriptions, in the forms of dividends or other¬
wise ; the amount of the stock of said company held by others than the commonwealth ;
the present market value per share of the stock of said company; the amount of loans,
either of bonds or money, made by the state to said company ; the amount of bonds of said
company which have been guaranteed by the state ; and the character of the securities taken
to indemnify the state against loss on account of said loans and guaranteed bonds, and also
the times at which said loans and bonds will be due and payable. And that said board fur¬
nish, in connection with said information, copies of any deeds of trust, mortgages or other
securities whieh may have been executed by said company or individuals to secure the state
against loss, either on account of the interest or principal of said liabilities ; and also report
what amount, if any, the state has been called on to pay, either of interest or principal, in
consequence of said loans and guaranteed bonds, contrary to the stipulations made between
the state and said company at the time said loans were made and said guarantees executed.
[Doc. No. S9.]
STATEMENT.
7
In response to the questions propounded in the foregoing resolution, adopted
by the house of delegates on the 6th inst., the Board of public works beg leave
respectfully to state :
1. That "the amount of stock subscribed for and owned by the state in the
James river and Kanawha company" is $3,000,000, one million of which was
paid for, in accordance with the act of March 16th, 1832, by a transfer of the
whole interest of the state in the works and property of the old James river
company, which interest amounted to $1,324,500.
2. The following are "the periods at which the subscriptions for the same were
made," and the amounts paid at those periods, respectively :
June 19, 1837, paid
780,000
Feb. 23, 1838, "
150,000
May 25, 1838, "
300,000
July 20, 1838, "
47,000
Aug. 6, 1838, "
40,000
Aug. 31, 1838, "
17,000
Sep. 27, 1738, "
13,500
Oct. 20, 1838, "
23,000
Nov. 24, 1838, "
459,500
Feb. 28, 1839, "
10,800
Mar. 27, 1839, "
50,000
Mar. 28,1839, "
62,000
April 12, 1839, " -
12,800
April 17, 1839, " - -
25,200
Paid for the Blue Ridge canal turnpike.
9,200
Total,
$ 2,000,000
3. The aggregate amount of interest paid thereon up to this time is
$1,701,142 04.
4. The amount that " has been received by the state on account of said sub¬
scription," is $10,092 in the form of dividends.
5. " The amount of the stock of said company held by others than the com¬
monwealth" is $2,000,000, of which $70,000 has not been paid.
6. The present market value per share of the stock of said company," is $17—
that being the quotation of the last sales.
The amount of loans of bonds and money made by the state to said company
is as follows :
Loans of bonds, (state stock,) - . . 1,596,000 00
Loans of money, .... 446,204 69
Total loans of bonds and money.
$2,042,204 69
8
[Doc. No, 39.]
8. The following is a statement of " the amount of bonds of said company
which have been guaranteed by the state, and the character of the securities
taken to indemnify the state against loss on account of said loans and guaranteed
bonds :
"The company's bonds for $ 1,400,000 under the act of 23d March 1839, ch. 92, sec. 8
and 9, page 62.* They have 30 years from their date to run, and then redeemable at the
pleasure of the company. The corporate funds of the company are bound as the primary
fund for the punctual payment of the interest and the final redemption of the principal.
The company's bonds for $350,000, authorized by the act of 20th March 1847, ch. 94,
and guaranteed hy the state under the act of 9th March 1849, ch. 129, for the purpose of
Gonuecting the basin at Richmond with tidewater through the Richmond dock. They are
redeemable in 25 years from their date, or at any time within that period, at the pleasure of
the company, on giving 6 months' notice. For the payment of interest and the final re¬
demption of the principal, the surplus revenues of the dock are pledged, and if they be
insufficient, the president and directors of the company are required to increase the tolls on
the canal.
The company's bonds for $ 150,000, under the act of March 12,1849, ch. 130, to provide
for the Southside and Rivanua connections. They have 25 years to run from their date,
•ud are then redeemable at the pleasure of the company. The act is silent as to security.
The company's conpou bonds for $ 360,000, under the act of 15th March 1850, ch. 68,
to provide for the extension of the James river and Kanawha canal from Buchanan to Co¬
vington, They are irredeemable for 30 years from July 1851, and then redeemable at the
pleasure of the company. A bond and mortgage on all the tolls, receipts and property,
real and personal, of the company have been executed as security for the punctual pay¬
ment of the interest and the final redemption of the principal.
Recapitulation of the company's bonds guaranteed by the state :
Under the act of 23d March 1839, ... - 1,400,000 00
20th " 1847, . - . . 350.000 00
12th " 1849, - . - - 150,000 00
15th " 1850, - - - - 360,000 00
Total amount of guaranteed bonds, - - - $2.260,000 00
9. The following is a report of the amount " the state has been called on to
pay, either of interest and principal, in consequence of said loans and guaranteed
bonds, contrary to the stipulations made between the state and said company at
the time said loans were made and said guarantees executed :
Under the act passed January 21, 1843, entitled "an actio provide for the
payment of the interest upon certain bonds guaranteed by the common¬
wealth. and the semi-annual annuity due to the old James river company,"
paid from January 26 to February 25,1843, inclusive.
Under the act passed March 27,1843, entitled " an act appropriating the public
revenue," paid from 1st to 14th July 1843, inclusive.
Under the act passed 14th January 1845, entitled "an act providing for the
payment of the interest upon certain bonds guaranteed by the common¬
wealth, and the semi-annual annuity due to the old James river company,"
paid from 15th to 29th January 1845, inclusive, . . -
Under the act passed March 5, 1846, entitled "an act for the transfer and ex¬
change of certain obligations between the commonwealth and the Board of
public works," paid on the 9th April 1846 to the Board of public works for
so much interest heretofore paid by the James river and Kanawha company,
•The act authorized bonds for ®1,500,000 to be guaranteed, but $100,(»0 were canceled in obedience to
the requieitions of a subsequent act.
41,280 00
46,542 (10
78,000 00
[Doc. No. 39.]
9
to the 1st January 1846, on $94,128 06, to the credit of the commonwealth,
which Ifist mentioned sum was the amount of a debt due from the said com¬
pany to the said board, and, under the last mentioned act, made a part of
the bond of said company, dated 24th of February 1S45, - - 4,769 21
Paid on the 30th April 1846 to the board of public works for so much of the
bond executed by the James river and Kanawha company to the common¬
wealth on the 24th February 1845, in compliance with the act passed 21st
February 1845, entitled "an act for the relief of the James river and Ka¬
nawha company," as consisted of the debt due by the said company to the
Board of public works transferred to the commonwealth under an act passed
5th March 1846, entitled "an act for the transfer and exchange of certain
obligations between the conimoiiwealth and the Board of public works," in
part payment of a certificate of state debt for $ 100,000, - - 94,128 96
For balance of interest charged and unpaid, ... 3,925 16
The above items compose the amount of the bond of the James river and
Kanawha company, carrying interest payable on the 1st January and 1st
July annually—making the total sum of - • - 268,645 33
Under the act passed December 18, 1846, entitled "an act providing for the
payment of interest due by the James river aud Kanawha company on the
_lst day of January 1847," paid from the 2d to the 6ih of January 1847, in¬
clusive, - - ... - - 57,559 36
Total amount of payments, .... $ 326.204 69
10. The following are copies of the deeds of trust, mortgages and other secu¬
rities which have been executed by said company and individuals to secure the
state against loss on account of the interest aud principal of said liabilities :
This Indenture, made this ninth day of May in the year eighteen hundred aud forty-
two, between the James river and Kanawha company of the one part, and the president
and directors of the Board of public works of the other part, witnesseth: That whereas
on the 25ih day of March in the year eighteen hundred and forty-two, an act was passed
by the general assembly, entitled " an act authorizing a loan to the James river and Kana¬
wha company," whereby, among other things, it was enacted that the treasurer of the
commonwealth, upon the requisition of the Board of public works, should issue to the
James river and Kanawha company, in the manner and subject to the regulations in the
said act mentioned, certificates of stock to the amount of two hundred and fifty thousand
dollars; and whereby it was also enacted, that before the Board of public works should re¬
quire the said certificates of stock or any part thereof to be issued, the James river and Ka«-
nawha company should execute to the president and directors of the said Board of public
works a mortgage or other specific lien on all their property, real and personal, and upon
the nett income of all their tolls and receipts, and cause the said mortgage or lieu to be re¬
corded in the clerk's office of the county court of Henrico, to secure the payment of the
annuity to the old James river company, the state from all loss by reason of her responsi¬
bility for the payment semi-annually of the interest and the payment of the principal of the
guaranteed loan authorized by the act of March 23d, 1839, entitled "an act providing addi¬
tional capital for the James river and Kanawha company, and for other i)urpose9," or so
much of said loan as has been or shall be contracted under the provisions of that and sub¬
sequent acts, and the payment semi-annually of the interest and the repayment of the princi¬
pal of the certificates of stock to be issued under the act first above mentioned ; and whereas,
at a called meeting of the stockholders of the James river and Kanawha company held on
4th day of the present month of May 1842, a resolution was adopted in the following
words: "Resolved, tliat the loan of two hundred and fifty thousand dollars of the stock of
the state of Virginia authorized by the act of assembly, passed March 25,1842, be accepted ;
2
[Doc. No. 39.]
and the president and directors are hereby authorized to execute to the president and di¬
rectors of the Board of public works such a mortgage on all the property of the company,
real and personal, and on the nett income of the tolls as is required by the said act;" and
whereas, in consideration of the said expected loan of stock of the state of Virginia, and in
pursuance of the said act of assembly and of the said resolution of the stockholders of the
company, it ii the desire of the James river and Kanawha company hereby to create such
a mortgage as is required by the sixth section of said act.
Now, therefore, in consideration of the premises, and in further consideration of the sum
of one dollar to the James river and Kanawha company in hand paid by the president and di¬
rectors of the Board of public works, the receipt whereof is hereby acknowledged, the James
river and Kanawha company have given, granted, bargained and sold, aliened, enfeoifed,
released and confirmed, transferred, set over and assigned, and by these presents do give,
grant, bargain and sell, alien, enfeoff, release and confirm, transfer, set over and assign unto
the president and directors of the Board of public works and their successors, the following
property, to wit: All the lands, tenements, hereditaments and real estate of the James river
and Kanawha company whatsoever and wheresoever, including their canals, basins, tow-
paths, embankments, l>r!dges, dams, locks, roads, toll houses, and other houses and buildings,
together with all other land and real estate of every other description belonging to the said
companj'- along their whole line of improvement, or adjacent thereto, including also the Rich¬
mond dock with its appurtenances; also the equity of redemption of the company in the
real estate in the city of Richmond and county of Henrico, conveyed by two deeds of trust,
both executed by the said company on the 1st day of January in the year eighteen hundred
and forty-two, viz: One executed to John A. Lancaster and James W. Pegram, trustees,
and recorded in the hustings court of said city, to secure certain debts due to the Bank of
Virginia, and the other made to James W. Pegram, John G. Blair, John A. Lancaster and
Sidney S. Baxter, trustees, and recorded in the clerk^s office of the county court of said
county, to secure certain debts due to the Bank of Virginia and Farmers Bank of Virginia :
for a particular description of which real estate so conveyed, reference is made to the two
deeds themselves of record as aforesaid ; also all the visible personal estate of the James river
and Kanawha company whatsoever and wheresoever, a schedule whereof, as accurate as
could conveniently be made, is hereunto annexed ; as a part of this indenture : to have and
to hold all the property, real and personal, hereby conveyed, with all and singular the rights,
privileges and appurtenances thereto belonging, and all its rents, issues and profits, and es¬
pecially the tolls which may hereafter be derived therefrom, subject however to the provi¬
sions, reservations and agreements hereinafter mentioned, unto the president and directors
of the Board of public works, their successors and assigns forever, to their only proper use
and behoof: provided always, and it is hereby agreed and declared, that if the James river
and Kanawha company shall always hereafter, so long as they shall be bound to pay the same,
punctually pay, whenever the same shall be due, the dividend of fifteen per centum per
annum, which they are by their charter bound to pay to the stockholders of the old James
river company ; and if the said James river and Kanawha company shall fully and com¬
pletely at all times protect and save harmless the commonwealth from all loss by reason of
her responsibility for the payment semi-annually of the interest and the payment of the
principal of the guaranteed loan authorized by the act of the 23d March 1839, entitled "an
act providing additional capital for the James river and Kanawha company, and for oilier
purposes," or so much of said loan as has been or shall be contracted under the provisions
of that and subsequent acts; and if the said company shall punctually pay into the public
treasury, in the manner required by the said act of the 25th March 1842, the semi-annual
intArest on the certificates of stock which may be issued to the company under that act, and
shall moreover repay to the commonwealth at the public treasury the principal of each of
the said certificates of stock, whenever the commonwealth siiall bo bound to pay or shall
have actually paid the same; then this indenture and everything herein contained shall be
void and of no effect, and all the estate and interest herein granted and assigned sliall cease
[Doc. No. 89.]
11
aud determine: provided also, that the property, real and personal, hereby conveyed ia
conveyed subject to all liens, incumbrances, rights and privileges attaching or belonging
thereto, or to any part thereof which have been acquired by persons or bodies politic not
parties to this indenture, previously to the passage of the act of the 25th March 1842 afore¬
said: provided moreover, and it is hereby covenanted and agreed by and between the par¬
ties to this indenture, that until this mortgage shall be foreclosed, the. James river and Ka¬
nawha company, their officers, agents and servants, may remain in the undisturbed use and
possession of the property, real and personal, hereby conveyed, may collect and receive
the tolls and other income thereof, and after defraying therefrom the necessary charges for
the repair, support and management of their canal and other works, and for the adminis¬
tration of the company, the company shall apply the residue of their tolls and other income
aforesaid, or so much thereof as may be necessary, to the payment of the annuity aforesaid
to the stoékholders of the old James river company, to the payment of the semi-annual in¬
terest of the said certificates of stock, and to the payment of the semi-annualinterest on the
loan aforesaid for which the state is bound as guarantor of the company: and provided
lastly, that nothing herein contained shall be so construed as to prevent the James river and
Kanawha company from exercising all the rights and powers which they have derived or
which have been conferred upon them by the act of the general assembly which passed the
20th day of March 1841, entitled "an act to authorize the James river and Kanawha com¬
pany to purchase the Richmond dock, and for other purposes."
Inventory of the Personal Property of the James River and Kanawha Company,
The iron safe, paper cases, desks, tables, seal presses, chairs and other furniture ; the
printed annual reports and other pamphlets; the law books, books of record, books of ac¬
count and other books, papers, maps, charts, plans, stationery and implements in the com¬
pany's office in Richmond.
The tables and other furniture ; drawing boards, levels, compasses, chains and other en-
gineering,instruinents; charts, plans, books, papers, stationery and implements in the engi¬
neer's offi.ce of the company in Richmond.
Ditto in the engineer's office of the company in Lynchburg.
Ditto in the engineer's office of the company on the Blue Ridge residency
Ditto in the engineer's office of the company on the Bald Lagle residency.
The iron weights, gauging rods, gauge register, desks, table, chairs, papers, stationery
and other furniture and implements in the gauging dock at Richmond and inspector's office
attached thereto.
The iron safe, paper, cases, desks, tables, chairs and other furniture; books, papers, sta¬
tionery and implements in the toll-gatherer's office in Richmond; the patent balance and
platform in the scale-house adjoining to said office, and the crane erected on the margin of
the basin near the same.
The iron safe, desks, tables, chairs and other furniture ; books, papers, stationery and im¬
plements in the toll-gatherer's office in Scottsville.
The desks, tables, chairs and other furniture ; books, papers and implements in the toll-
gatherer's office in Lynchburg.
The iron safe in the possession of Smithson H. Davis at Lynchburg.
The register, desk, stationery and implements in the possession of the keeper of each of
the clearauce locks No. 2, No. 21, No. 24 and No. 51.
SEÂL
J. R. & K. CO.
\
12
[Doc. No. 39.]
The register, desk, stationery and implements in the possession of the keeper of each of
the following locks, which are toll-locks, viz; The guard lock at Boshers dam, the guard
lock at Maidens Adventure dam, lock No. 12, lock No. 14, lock No. 16, lock No. 28, the
guard lock at Tye river dam, lock No. 38 and lock No. 44.
A wheelbarrow, pick and shovel in the possession of the keeper of each of the following
locks, viz: Locks Nos. 1 and 2, lock No. 2, lock No. 4, 4 G, 5 and 6, the guard lock at
Maidens Adventure, the combined locks Nos. 7 and 8, lock No. 9, lock No. 10, lock No. 11,
lock No. 12, lock No. 13, lock No. 14, lock No. 15, lock No. 16, lock No. 17, locks Nos. 18,
18 G and 19, locks Nos. 20 and 21, lock No. 22, lock No. 23, lock No. 24, lock No. 25, lock
No. 26, lock No. 27, lock No. 28, lock No. 29, lock No. 30, lock No. 31, lock No. 32, the
guard lock and river lock at Tye river dam, the combined locks Nos. 33 and 34, lock No.
35, lock No. 36, lock No. 37 and lock No. 38.
A tin flamed glass lamp and oil can at each of the 51 lift locks, and the guard locks at
Maidens Adventure dam, Tye river dam and Joshua falls dam, and the stove (if any) in the
lock-house occupied by the keeper of each of the said locks.
The old dredging machine in the Richmond dock, purchased from John Enders, and the
scows now constructing to accompany the same.
The outfit of the yearly force employed under the superintendent of repairs, consisting
of the following description of articles, distributed along the line of the canal from Rich¬
mond to Lynchburg, and under charge of the assistant superintendents, viz: The new
dredging machine, with the horse scows, wheelbarrows, wheeling planks, shovels and other
tools, and the utensils and provisions for the use of the laborers attached to said machine ;
8 horse boats, 2 batteaux, 14 lighters with the stoves, furniture, cooking utensils, and sup¬
plies of food, clothing and medicine necessary for the year hands on the canal ; the tools
for their use; about 150 barrels of hydraulic cement, and other materials of wood, stone
and iron kept on hand for the repair of the canal and works of art when necessary.
The cement in the company's cement store-house at the upper dam on the old Blue
Ridge canal.
The furniture of the old toll-house on the Blue Ridge canal, and the implements formerly
used in the repair of the said canal and the Blue Ridge turnpike, and now in the charge of
John W. Reins, cement agent at the cement store-house aforesaid.
The furniture and implements (if any) belonging to the company at each of the 11 gates
on the Kanawha turnpike and Gauley bridge.
The boat or boats, furniture, implements, utensils, books, papers and other articles be¬
longing to the company in the possession of the agent on the western improvements and
the collector of tolls on the Kanawha river or either of them.
The cattle, implements, materials, forage and provisions for the yearly force employed
on the repairs of the Kanawha turnpike, distributed along the line of said road, under the
charge of tlie agent on the western improvements.
W. B. CHITTENDEN, Sec'y.
Office James River and Kanawha Co.
Richmond, 9th. May 1842.
[Doc. No. 3?.]
13
At a meeting of the president and directors of the James river and Kanawha company,
at the office of the company in Richmond on 12th May 1852:
A mortgage from the James river and Kanawha company to the president and directors
of the Board of public works, such as is required by the act of the legislature authorizing
a loan to the James river and Kanawha company, passed 25th March 1842, drawn by the
counsel of the company in conformity with said act, and bearing date the ninth of the pre¬
sent month, having been read to the board :
Resolved, That said mortgage be approved, and that the president be authorized to exe¬
cute the same on the part of the company, under the corporate seal, and to place it on
record in the clerk's office of the county court of Henrico.
(Extract from the records.)
W. E. CHITTENDEN, Sec'y.
At a meeting of the stockholders of the James river and Kanawha company, called agree- •
ably to the 2d section of the by-laws, and held at the office of the company in Richmond
on the 4th day of March 1842, it was
Resolved, That the loan of two hundred and fifty thousand dollars of stock of the state
of Virginia, authorized by the act of assembly passed March 25th, Ü842, be accepted; and
the president and directors are hereby authorized to execute to the president and directors
of the Board of public works such a mortgage on all the property of the company, real
and personal, and on the nett income of the tolls, as is required by the said act.
W. B. CHITTENDEN, Sec'y of Co.
Acting as Clerk of Meeting ex officio.
I approve the form and execution of this mortgage.
S. S. BAXTER, Atfy General.
May 14, 1842.
Second Auditor's Office,
18th May 1842.
The within mortgage was this day approved and received by the president and directors
of the Board of public works.
J. BROWN, Jr., Sec. And. and
Sec'y Board of P. Works.
This indenture was acknowledged in the clerk's office of Henrico county court on the
, 12th day of May 1842, by Joseph C. Cabell, president of the James river and Kanawha
company, the said company being a party to the same, and with the inventory and resolu¬
tions annexed, admitted to record.
Teste,
LOFTIN N. ELLETT, C. H. C.
14
[Doc. No. 39.]
This Indenture, made this twenty-eighth day of June, in the year eighteen hundred and
forty-seven, between the James river and Kanawha company of the one part, and the pre¬
sident and directors of the Board of public works of the other part, witnesseth : That
whereas, on the 1st day of March in the year 1847, an act was passed by the general as¬
sembly of Virginia, entitled "an act to provide for the completion of the James river and
Kanawha canal from tidewater at Richmond to the town of Buchanan, and for other pur¬
poses," whereby it was, among other things, enacted that the treasurer of the common¬
wealth, upon the requisition of the Board of public works, should issue to the James river
and Kanawha company, at the dates, in the manner, and subject to the regulations in the
said act mentioned, certificates of stock to the amount of one million two hundred and
thirty-six thousand dollars; and whereby it was also enacted, that before the Board of pub¬
lic works shall require the said certificates of stock, or any part thereof to be issued, the
James river and Kanawha company shall execute to the president and directors of the
Board of public works a mortgage or other specific lien on all its property, real and per¬
sonal, and upon the nett income of all its tolls and receipts, and cause said mortgage to be
recorded in the clerk's office of the county court of Henrico county to secure the payment
of the principal of the stock loaned under this act, as well as the payment of the semi¬
annual interest thereon. ,
And whereas at an adjourned meeting of the stockholders of the James river and Ka¬
nawha company, held in Richmond on the 17th day of March 1847, a resolution was
adopted in the following words: " Resolved that the president and directors be and they
are hereby authorized and instructed to execute the mortgage required by the said act, and
to place the same on record in the clerk's office of the county court of Henrico county."
And whereas by another act of assembly, passed thé 20th day of March 1847, entitled " an
act providing for the connection of the canal or basin at Richmond with the tidewater of
James river, through the Richmond dock, and for other purposes," the said James river and
Kanawha company, successors to the Richmond dock company, were authorized to borrow
on the credit of the surplus revenue of the said dock, such amount of money, not exceed¬
ing three hundred and fifty thousand dollars, as may be necessary for the purposes of the
said act, and by the said act are authorized to pledge, for the payment of the semi-annual
interest of the said debt, so much of the surplus revenue of the said dock as may be neces¬
sary for that purpose, and to appropriate the residue thereof annually to the accumulation
of a sinking fund for the redemption of the principal of this loan." And whereas at the
meeting of the stockholders of the said company, held as aforesaid on the 17th day of
March 1847, a resolution was passed in the following words: "Resolved, that the president
and directors are hereby authorized, if they deem it expedient to do so, to accept of any
act of the present general assembly that may be passed in relation to the tidewater connec¬
tion, and that they be required to commence that work whenever the means sufficient may
be provided for that purpose, and execute any liens or mortgages that may be required by
the act." Which said act has been accepted by the said president and directors, and by
means of which said act of the 20ih of March, the said last mentioned resolution of the .
stockholders, and the acceptance of the president and directors, the dock with its income
has been excepted and reserved from the mortgage required by the act of the 1st of
March 1847, so far as to enable the said company to give a prior lien thereon and to pledge
the same for the payment of the interest and principal of the said sum of three hundred
and fifty thousand dollars authorized to be raised by the act of 20th of March 1847, before
the said dock or its surplus income shall be responsible for the payment of the interest or
principal of the sum of one million two hundred and thirty-six thousand dollars to be ad¬
vanced under the act of the Ist of March 1847.
And whereas in consideration of the said expected loan of one million two hundred und
thirty-six thousand dolkirs of tlie stock of the state of Virginia, and in pursuance of the
said act of assembly of the 1st of March 1847, and of the resolution of the stockholders of
the 17th March 1847, first above mentioned, it is the desire of the James river and Ka-
[ Doc. No. 39.]
15
Dawha company hereby to create such a mortgage as is required by the sixth section of the
said act.
Now, therefore, in consideration of the premises, and in further consideration of the sum
of one dollar to the James river and Kanawha company in hand paid by the president and
directors of the Board of public works, the receipt whereof is hereby acknowledged, the
James river and Kanawha company have given, granted, bargained and sold, aliened en¬
feoffed, released and confirmed, and by these presents do give, grant, bargain and sell,
alien, enfeoff, release and confirm, frausfer, set over and assign unto the president and di¬
rectors of the Board of public works and their successors, the following property, viz: all
the lands, tenements, hereditaments and real estate of the James river and Kanawha com¬
pany whatsoever and wheresoever, including their canals, tow-paths, embankments, bridges,
dams, locks, road, toll houses and other houses and buildings, together with all other laud
and real estate of every other description belonging to the said company along their whole
line of improvement or adjacent thereto, and including also all real estate which they may-
hereafter acquire between Lynchburg and the town of Buchanan, with or by means of
the sum of one million two hundred and thirty-six thousand dollars or part thereof, or which
may be acquired in the prosecution of tlie work to the town of Buchanan, and including
also the Richmond dock and the property acquired and held therewith for the purpose of
connecting the basin or canal with tidewater, and its appurtenances ; but the said dock and
property and its appurtenances are hereby conveyed with a distinct reservation of the
power of the said company to give a prior lien or pledge of the said dock attjJ property,
and appurtenances to raise the sum of three hundred and fifty thousand dollars authorized
by the act of the 20th of March 1847, and subject to any charge which may be created in
pursuance of that act as a prior lien. Also all the nett income of their tolls. Also all the
personal property of the James river and Kanawha company whatsoever and whereso¬
ever, a schedule whereof as accurate as could conveniently be made, is hereunto annexed
as part of this indenture : to have and to hold all the property real and personal, hereby
conveyed, with all and singular the rights, privileges and appurtniances thereto belonging,
and all its rents, i.^sues and profits, especially the tolls which may hereafter be derived there¬
from; subject, however, to the right to charge the tolls, rents, issues or profits of the dock,
with the principal and interest of any sura or sums of money raised under the provisions
of the law of 20th March 1847, or with any certificates of debt issued under the said law;
and subject also to tbe provision, reservation and agreements hereafter mentioned, unto
the president and directors of the Board of public works, their successors and assigns for¬
ever, to their only proper use and behoof: provided always, and it is hereby agreed and
declared, that if the James river and Kanawha company shall pay into the treasury of the
commonwealth, (after defraying the necessary charges for the repairs, support and manage¬
ment of its canal and other improvements and general administration of its affairs, and after
paying its semi-annual interest and annuity debts now existing,) the semi-annual interest
on the certificates of stock issued under the act of 1st March 1847, in specie or its equiva¬
lent, at least ten days before said interest will be due and redeemable ; and shall, when the
principal sum of said certificates of debt shall be due and redeemable, pay the amount of
principal into the treasury of the commonwealth, in specie or its equivalent, then this in-
denture and everything therein contained shall be void and of no effect; provided more¬
over, and it is hereby covenanted and agreed by and between the parties to this indenture,
that until this mortgage shall be foreclosed, the James river and Kanawha company, their
officers, agents and servants may remain in the undisturbed use and possession of the pro¬
perty, real and personal, hereby conveyed, may collect and receive the tolls and other
income thereof, and after defraying the necessary charges for the repair, support and ma¬
nagement of its canal and other improvements, and the general administration of its affairs,
and after paying its semi-annual interest and annuity debts now existing, shall pay the semi¬
annual interest on the certificates of stock issued under the act of 1st March 1847, into
the treasury of the commonwealth, in specie or its equivalent, at least ten days before said
16
[Doc. No. 39.]
interest sliall become due, and shall moreover, when the principal of the certificates of
debt sh.all become payable, pay the same in specie or its equivalent into the treasury of the
commonwealth : and provided lastly, that nothing herein contained shall be so construed
as to prevent the James river and Kanawha company from exercising all the rights and
powers which they have derived and may have been conferred on them by any act of as¬
sembly heretofore passed.
r t In testimony whereof, the parties to this indenture have each caused
] Se.vl. > their president to sign his name, and their corporate seals to be affixed
' } hereto.
W. B. CHITTENDEN,
Pres. J. R. Sf K. Co.
Inventory of the Personal Property of the James River and Kanawha Company.
The iron safe, paper cases, desks, tables, seal presses, chairs and other furniture, law
books, maps, charts, books of accounts, stationery, implements and engineers' instruments
in company'.^ office and toll-gatherers' offices.
The iron weights, gauging rods and furniture and implements in the gauging docks at
Richmond, Scottsville and at Lynchburg; the register, desks, stationery and implements at
each of the locks.
The wheelbarrows, shovels and implements at the various locks on the canal.
The three dredging machines, scows, fixtures and tools belonging thereto, and all imple¬
ments, tools and house boats and furniture of the yearly hands.
The boats and tools of various kinds, the implements, cattle and forage in the possession
of the agents on the western improvement and at the Blue Ridge turnpike and ferry, and
the collector of tolls on Kanawha river at Charleston.
C. O. GERBERDING, SePy.
Office James River and Kanawha Co.
Richmond, June 28, 1847.
At a meeting of the executive committee of the board of directors of the James river
and Kanawha company at Richmond, on Monday, the 28th June 1847 :
A mortgage from the company to the president and directors of the Board of public
works, such as is required by the act of the legislature, entitled " an act to provide for the
completion of the James river and Kanawha canal from tidewater at Richmond to the
town of Buchanan, and for other purposes," passed the 1st of March 1847, drawn by the
counsel of the company in conformity with said act, and bearing date the 28th day of June
1847, having heen read :
Resolved, That said mortgage be approved, and that the president be authorized to exe¬
cute the same on the part of the company under the corporate seal, and to place it on
record in the clerk's office of the county court of Henrico. ,
(Extract from the records.)
C. O. GERBERDING, Sec'y.
[Doc. No. 39.]
17
At a meeting of the stockholders of the James river and Kanawha company in the hall
of the house of delegates, on Wednesday, 17th March 1847:
Resolved, That the stockholders approve the provisions of the act of the general assem¬
bly, passed on the 1st of March 1847, entitled " an act to provide for the completion of the
James river and Kanawha canal from tidewater at Richmond to the town of Buchanan, and
for other purposes," and adopt the same as a part of their charter.
Resolved, That the president and directors of the company be and they are hereby
authorized and instructed to execute the mortgage required by the said act, and to place
the same on record in the clerk's office of the county court of Henrico county ; and also to
execute and file with the second auditor the bonds required by the said act as soon as the
necessary sureties of persons or bodies politic and corporate shall be ready to join therein.
(Extract from the records.)
C. O. GERBERDING, Sec'y.
I approve the form and execution of this mortgage.
S. S. BAXTER,
Attorney General.
June 30tA, 1847.
This Indenture was acknowledged in the clerk's office of Henrico county court, on the
29th day of June 1847, by W. B. Chittenden, president of the James river and Kanawha
company, for and on the part of the said company, and, with the inventory and copy of the
resolutions annexed, admitted to record.
Teste,
LOFTIN N. ELLETT, C. H. C.
Second Auditor's Office,
June 30, 1847.
The within deed of mortgage from the president and directors of the James river and
Kanawha company to the Board of public works, was this day approved and received by
the said board.
J. BROWN, Jr.
Second Auditor.
This Indenture, made this 27th day of February in the year eighteen hundred and fifty-
one, between the James river and Kanawha company of the one part, and the president
and directors of the Board of public works of the other part, witnesseth: That whereas on
the 25th day of January 1850, an act was passed by the general assembly of Virginia, en¬
titled "an act to provide for the completion of the James river and Kanawha canal from
the tidewater at Richmond to the town of Buchanan, and for other ptirposes," whereby it
was made lawful for the treasurer to issue to the James river and Kanawha company, on
the 1st day of July 1850, certificates of state stock to the amount of one hundred and ten
thousand dollars in addition to the amounts authorized and directed to be issued to the said
company by the act, entitled "an act to provide for the completion of tlie James river and
3
18
[Doc. No. 39.]
Kanawha canal from tidewater at Richmond to the town of Buchanan, and for other ptir-
poses," passed the first of March 1847—the said additional sum of one hundred and ten
thousand dollars to be expended in the completion of the unfinished works of the said com¬
pany between Lynchburg and Buchanan. And the said additional loan of one hundred
and ten thousand dollars of state stock to the James river and Kanawha company is made
iubject to the terms and conditions prescribed by the said act of March 1st, 1847, in regard
to the loan thereby made to the said company, with such exceptions as in the said act of
25th January 1850, arc mentioned; and as by the terms and conditions of the act of March
1st, 1847, not excepted by the act of 25th January 1850, the said James river and Kanawha
company is required to execute to the president and directors of the Board of public works
a mortgage or other specific lien on all its property, real and personal, and upon the nett
income of all its tolls and receipts, and cause said mortgage to be recorded in the clerk's
office of the county court of Henrico county, to secure the payment of the principal of the
stock loaned as well as the payment of the .semi-annual interest—by the force of which
said acts it became the duty of said company, if it accepted the provisions of the act of the
25th January 1850, to cause such mortgage to be executed.
And whereas, at a meeting of the stockholders of the said James river and Kanawha
company held on Saturday January 11th, 1851, it was resolved that the company accept the
provisions of the acts of January 25th and March 15th, 1850, and the president and direc¬
tors are hereby authorized, on behalf of the company, to execute the securities required by
those acts; and at a meeting of the president and directors held on Wednesday the 19th
February 1851, it was resolved that the president be authorized to communicate with the
Board of public works and execute the security required by the provisions of the act passed
25th January 1850, entitled "an act to provide for the completion of the James river and
Kanawha canal from tidewater at Richmond to the town of Buchanan, and for other pur¬
poses ;" and whereas, by another act of assembly, passed the 20th day of March 1847, en¬
titled " an act providing for the connection of the canal or basin at Richmond with the tide¬
water of James river through the Richmond dock, and for other purposes," the said James
river and Kanawha company, successors to the Richmond dock company, were authorized
to borrow, on the credit of the surplus revenue of the said dock, such amount of money,
not exceeding three hundred and fifty thousand dollars, as may be necessary for the purpose
of the said act, and by the said act are authorized to pledge, for the payment of the semi¬
annual interest of the said debt, so much of the surplus revenue of the said dock as may
be necessary for that purpose, and to appropriate the residue thereof annually to the accu¬
mulation of a sinking fund for the redemption of the principal of this loan; and whereas,
at the meeting of the stockholders of the said company, held as aforesaid, on the 17th day
of March 1847, a resolution was passed in the following words: "Resolved that the presi¬
dent and directors are hereby authorized, if they deem it expedient to do so, to accept of
any act of the present general assembly that may be passed in relation to the tidewater con¬
nection, and that they be required to commence that work whenever the means sufficient
may be provided for that purpose, and execute any liens or mortgages that may be required
by the act;" which said act has been accepted by the said president and directors, and by
means of which said act of 20th of March, the said last mentioned resolution of the stock¬
holders, and the acceptance of the president and directors, the dock with its income has
been excepted and reserved from the mortgage required by the act of the let March 1847,
80 far as to enable the said company to give a prior lien thereon, and to pledge the same
for the payment of the interest and principal of the sum of three hundred and fifty thou¬
sand dollars authorized to be raised by the act of the 20th March 1847, before the said dock
or its surplus income shall be responsible for the payment of the interest or principal of the
sum of one million two hundred and thirty-six thousand dollars to be advanced under the
act of 1st of March 1847.
And whereas, in consideration of the said expected loan of one hundred and ten thou¬
sand dollars of the stock of the state of Virginia, and in pursuance of the said act of as-
[Doc. No. 39.]
19
sembly of the 25th of January 1850, and of the resolution of the stockholders of the 11th
January 1851, first above mentioned, it is the desire of the James river and Kanawha com¬
pany hereby to create such a mortgage as is required by the sixth section of the said act.
JVovv, therefore, in consideration of the premises, and in further consideration of the
sum of one dollar to the James riyer and Kanawha company in hand paid by the president
and directors of the Board of public works, the receipt whereof is hereby acknowledged,
the James river and Kanawha company have given, granted, bargained and sold, aliened,
enfeoffed, released and confirmed, and by these presents do give, grant, bargain and sell,
alien, enfeoff, release and confirm, transfer, set over and assign, unto the president and
directors of the Board of public works and their successors, the following property, viz;
all the lands, tenements, hereditaments and real estate of the James river and Kanawha
company, whatsoever and wheresoever, including their canals, tow-paths, embankments,
bridges, dams, locks, road, toll-houses, and other houses and buildings, together with all
other land and real estate of every other description belonging to the said company, along
their whole line of improvement or adjacent thereto, and including also all real estate
which they may have between Lynchburg and the town of Buchanan, or which may be
acquired in the prosecution of the work to the town of Buchanan; and including also the
Richmond dock, and the property acquired and held therewith, for the purpose of con¬
necting the basin or canal wish tidewater, and its appurtenances ; but the said dock and
property and its appurtenances are hereby conveyed with a distinct reservation of the
power of the said company to give a prior lien or pledge of the said dock and property
and appurtenances to raise the sum of three hundred and fifty thousand dollars authorized
by the act of the 20th of March 1847, and subject to any charge which may be created in
pursuance of that act as a prior lien ; also all the nett income of their tolls ; also all the
personal property of the James river and Kanawha company, whatsoever and where¬
soever, a schedule whereof, as accurate as could conveniently be made, is hereto annexed
as part of this indenture: to have and to hold all the property, real and personal, hereby
conveyed, with all and singular the rights, privileges and appurtenances thereto belonging,
and all its rents, issues and profits, especially the tolls which may hereafter be derived
therefrom ; subject, however, to the right to charge the tolls, rents, issues or profits of the
dock with the principal and interest of any sum or sums of money raised under the pro¬
visions of the law of 20th March 1847, or with any certificates of debt issued under the
said law ; and subject also to the provision, reservation and agreements hereafter mentioned,
unto the president and directors of the Board of public works, their successors and assigns
forever, to their only proper use and behoof: provided always, and it is hereby agreed
and declared, that if the James river and Kanawha company shall pay into the treasury of
the commonwealth, (after defraying the necessary charges for the repairs, support and
management of its canal and other improvements, and general administration of its affaire,
and after the paying its semi-annual interest and annuity debts now existing,) the semi¬
annual interest on the certificates of stock issued under the act of 25th January 1850, in
specie or its equivalent, at least ten days before said interest will be due and redeemable,
and shall, when the principal sum of said certificates of debt shall be due and redeemable,
pay the amount of principal into the treasury of the commonwealth, in specie or its equiva¬
lent, then this indenture, and every thing therein contained, shall be void and of no effect:
provided, moreover, and it is hereby covenanted and agreed, by and between the parties to
this indenture, that until this mortgage shall be foreclosed, the James river and Kanawha
company, their oliicers, agents and servants, may remain in the undisturbed use and pos¬
session of the property, real and personal, hereby conveyed, may collect and receive the
tolls and other income thereof, and, after defraying the necessary charges for the repair,
support and management of its canal and other improvements, and the general adminis¬
tration of its affairs, and after paying its semi-annual interest and annuity debts now exist¬
ing, shall pay the semi-annual interest on the certificates of stock issued under the act of
the 25th of January 1850, into the treasury of the commonwealth, in specie or its equiva-
20
[Doc. No. 39.]
lent, at least ten days before said interest shall become due, and shall, moreover, when the
principal of the certificates of debt shall become payable, pay the same, in specie or its
equivalent, into the treasury of the commonwealth : and provided, lastly, that nothing
herein contained shall be so construed as to prevent the James river and Kanawha com¬
pany from exercising all the rights and powers which they have derived and may have
,been conferred on them by any act of assembly heretofore passed.
In testimony whereof, the parties to this indenture have each caused
their president to sign his name, and their corporate seals to be
affixed hereto.
J. Y. MASON, Pres't
J. R. if K. Co.
S SEAL f
1 J. R. & E. CO. 1
( seal > JOHN B. FLOYD, Pres't
\ b. p. works. í p f,
March 11, 1851.
Henrico Coonty, to teit:
I, William F. Watson, a notary public for the county afore¬
said, do certify that John Y. Mason, president of the James river and Kanawha company,
whose name is signed to the writing above bearing date on the 27th day of February 1851,
acknowledged the same before me in my county aforesaid. Given under my hand and seal
this 3d day of March 1851.
WM. F. WATSON,
Notary Public. [Seal.]
Inventory of the Personal Property of the James River and Kanawha Company.
The iron safe, paper, cases, desks, tables, seal presses, chairs and other furniture ; law
books, maps, charts, books of account, stationery, implements and engineers' instruments
in company's office and toll-gatherer's office.
The iron weights, gauging rods, and furniture and implements in the gauging docks at
Richmond, Scottsville and Lynchburg.
The register, desks, stationery and implements at each of the locks.
The wheelbarrows, shovels and implements at the various locks on the canal.
The three dredging machines, scows, fixtures and tools belonging thereto, and all imple¬
ments, tools, and house-boats and furniture of the yearly hands.
The boats and tools of various kinds, the implements, cattle and forage in the possession
of the agents on the western improvements, and at the Blue Ridge turnpike and ferry and
the collector of tojls on Kanawha river at Charleston.
WM. P. MUNFORD, Sec'y.
Office James River and Kanawha Co.
Richmond, Feb. 27, 1851.
[Doc. No. 39.]
21
At a meeting of the stockholders of the James river and Kanawha company, held on
Saturday January 11th, 1851, it was
Resolved, That the company accept the provisions of the acts of January 25th and March
15th, 1850 ; and the president and directors are hereby authorized, on behalf of the com¬
pany, to execute the securities required by those acts.
(Extract from the records.)
WM. P. MUNFORD, Sec%
At a meeting of the president and directors of the James river and Kanawha company,
held on Wednesday February 19th, 1851, it was
Resolved, That the president be authorized to communicate with the Board of public
works, and execute the security required by the provisions of the act, passed 25th January
1850, entitled an act to provide for the completion of the James river and Kanawha canal
from tidewater at Richmond to the town of Buchanan, and for other purposes.
(Extract from the records.)
WM. P. MUNFORD, Sec'y.
I approve this bond.
S. S. BAXTER, Au'y General.
March 3, 1851.
This deed was produced in the clerk's office of Henrico county court on the 4th day of
March 1851, and, with the certificate, inventory and extracts thereafier written, admitted to
record.
Teste,
LOFTIN N. ELLETT, C. H. C.
This Indenture, made this seventh day of April in the year eighteen hundred and fifty-
one, between the James river and Kanawha company of the one part, and the president
and directors of the Board of public works of the other part, witnesseth; That whereas
on the 15th day of March 1850, an act was passed by the general assembly of Virgiuia, en¬
titled "an act to provide for the guarantee of the bonds of the James river and Kanawha
company for the extension of the James river and Kanawha canal from Buchanan to Co¬
vington," whereby it was made lawful for the James river and Kanawha company to bor¬
row, on the credit of the corporate funds, the sum of three hundred and sixty thousand
dollars, in sums of thirty thousand dollars per month, commencing on the first day of No¬
vember next, (after the date of the said act,) for the purpose of extending the company's
water line from Buchanan to Covington, if such loan can be negotiated at an interest not
exceeding six per centum per annum, payable at some place in the United States designated
in the certificates of debt to be issued by the company ; the principal of said loan to be ir¬
redeemable for thirty years, and then to be redeemable at the pleasure of the compatiy ;
and the faith of the state is pledged for the punctual payment of the interest and the re-
22 [Doc. No. 39.]
t
deniption of the principal, according to the terms of the loan; but the corporate funds of
the company to be hound as the primary fund for such purpose. And by said act it was
further provided that the company shall issue certificates of debt for the several sums they
propose to borrow in pursuance of this act; and each certificate shall distinctly set forth the
rate of interest to be paid, and time and place of its payment, and the terms of redemption
of the principal sum ; and it is made the duty of the treasurer of this commonwealth to
underwrite the guarantee of the state, pledging the faith of the state for the punctual pay¬
ment of the interest and the redemption of the principal sum of money appearing to be
owing by the above bond, according to the terms therein specified.
And by the said act it is further provided that no such guarantee shall be made by the
treasurer until the said company shall have executed and delivered to the Board of public
works security for the payment of the principal and intereskof said bonds, according to
the tenor thereof, in the form of a mortgage or other specific lien to the satisfaction of said
board, of all the tolls, receipts and property, real and personal, of the said company.
And whereas at a meeting of the stockholders of the said company, held on Saturday,
January 11th, 1851, it was " Resolved, That the company accept the provisions of the acts
of January 25th and March 15th, 1850, and the president and directors are hereby autho¬
rized on behalf of the company to execute the securities required by those acts." And at
a meeting of the president and directors of the said company, held on Wednesday, April
2d, 1851, it was "Resolved, That the president be authorized to execute the security re¬
quired by the provisions of the act passed March 15th, 1S50, entitled ' an act to provide for
the guarantee of the bonds of the James river and Kanawha company for the extension of
the James river and Kanawha canal from Buchanan to Covington.'" ^
And whereas in consideration of the said intended loan and gnarantee of three hundred
and sixty thousand dollars, and in pursuance of the said act of assembly of the 15th March
1850, first above mentioned, it is the desire of the James river and Kanawha company
hereby to create such a mortgage as is required by the said act.
Now, therefore, in consideration of the premises, and in further consideration of the sum
of one dollar to the James river and Kanawha company in hand paid by the president and
directors of the Board of public works, the receipt whereof is hereby acknowledged, the
James river and Kanawha comjrany have given, granted, bargained and sold, aliened, en¬
feoffed, released and confirmed, and by these presents do give, grant, bargain and sell, alien,
enfeoff, release and confirm, transfer, set over and assign, unto the president and directors
of the Board of public works, and their successors, the following property, viz : All the
lands, tenements, hereditaments and real estate of the James river and Kanawha company,
whatsoever and wheresoever, including their canals, tow-paths, embankments, bridges,
dams, locks, roads, toll houses and other houses and buildings, together with all other land
and real estate of every other description, belonging to the said company, along their whole
line of improvement or adjacent thereto, and including also all real estate which they may
have between Lynchburg and the town of Buchanan, or which may be acquired in the pro¬
secution of the work from Buchanan to Covington; and including also the Richmond
dock, and the property acquired and held therewith, for the purpose of connecting the ba¬
sin or canal with tidewater and its appurtenances ; hut the said dock and property and its
appurtenances are hereby conveyed with a distinct reservation of the power of the said
company to give a prior lien or pledge of the said dock and property and its appurte¬
nances, to raise the sum of three huudred and fifty thousand dollars, authorized by the act
of the 20th of March 1847, and subject to any charge which may be created in pursuance
of that act as a prior lien ; also all the nett income of their tolls; also all the personal pro¬
perty of the James river and Kanawha company, a schedule whereof, as accurate as could
conveniently be made, is hereto annexed as part of this indenture : to have and to hold
all the property, real and personal, hereby conveyed, with all and singular the rights, privi¬
leges and appurtenances thereto belonging, and all its rents, issues and profits, esipecially
the tolls which may hereafter be derived tberefrom ; subject, however, to the right to charge
[Doc. No. 39.] 23
«
the tolls, rents, issues or profits of the dock, with the principal and interest of any sum
or sums of money raised under the provisions of the law of 20th March 1847, or with any
certificates of debt issued under the said law; and subject also to the provision, reservation
and agreements hereafter mentioned unto the president and directors of the Board of pub¬
lic works, their successors and assigns forever, to tlieir only proper use and behoof; pro¬
vided always, and it is hereby agreed and declared, that if the James river and Kanawha
company shall (after defraying the necessary charges for tlie repairs, support and manage¬
ment of its canal and other improvements, and general administration of its affairs, and
after paying its semi-annual interest and annuity debts now existing,) pay punctually the
interest due on said certifisates of debt, and shall pay the principal sums owing by the said
certificates of debt, according to the terms therein specified; and shall, in all respects, save
harmless and indemnify the commonwealth against all responsibilities incurred by the gua¬
rantee aforesaid, then this indenture and everything therein contained shall be void and of
no effect : provided moreover, and it is hereby covenanted and agreed, by and between the
parties to this indenture, that until this mortgage shall be forclosed, the James river and Ka¬
nawha company, their officers, agents and servants, may remain in the undisturbed use and
possession of the property, real and personal, hereby conveyed, may collect, and receive
the tolls and other income thereof, and, after defraying the necessary charges for the repair,
support and management of its canal and other improvements, and the general administra¬
tion of its affairs, and after paying its semi-annual interest and annuity debts now existing,
shall pay punctually the interest due on said certificates of debt, and shall pay the principal
sums owing by the said certificates of debt, according to the terms therein specified ; and
shall, in all respects, save harmless and indemnify (he commonwealth against all responsi¬
bilities incurred by the guarantee aforesaid : and provided lastly, that nothing herein con¬
tained shall be so construed as to prevent the James river and Kanawha company from ex¬
ercising all the rights and powers which they have derived and may have been conferred
on them by any act of assembly heretofore passed.
S f testimony whereof, the parties to this indenture have each caused their
J ( president to sign his name, and their corporate seals to be affixed thereto.
JOHN Y. MASON,
Pres. J. R. Sr K. Co.
OOUNTY OP HeKRIOO, tO wit !
I, William F. Watson, a notary public for the county aforesaid,
in the state of Virginia, do certify that John Y. Mason, president of the James river and
Kanawha company, whose name is signed to the writing above, bearing date on the 7th
day of April 1851, has acknowledged the same before me in my county aforesaid.
Given under my hand and seal this 7th day of April 1851.
WM. F. WATSON,
Notary Puilic.
24
[Doc. No. 39.]
Inventory of the Personal Property of the James River and Kanawha Company-
The iron safes, paper cases, desks, tables, seal presses, chairs and other furniture, law
books, maps, charts, books of accounts, stationery, implements and engineer's instruments
in company's office and toll-gatherer's office.
The iron weights, gauging rods and furniture and implements in the gauging docks at.
Richmond, Scottsville and Lynchburg. .
The register, desks, stationery and implements at each of the locks.
The wheelbarrows, shovels and implements at the various locljs on the canal.
The three dredging machines, scows, fixtures and tools belonging thereto, and all the im¬
plements, tools and house boats and furniture of the yearly hands.
The boats and tools of various kinds, the implements, cattle and forage in the possession
of the agents on the western improvements, and at the Blue Ridge turnpike and ferry, and
the collector of tolls on Kanawha river at Charleston.
WM. P. MUNFORD, Sec'y.
Office James River and Kanawha Co.
Richmond, April 7, 1851.
This deed was presented in the clerk's office of Henrico county court on the 4th day
of December 1852, and, with the certificate thereafter written and inventory annexed, ad«
mitted to record.
Teste,
WM. A. WINSTON, D. C. B. C.
[Doc. No. 39.]
25
List of Bonds received from the James River and Kanawha Company, under act
of 1st March 1847.
Received ^Tth March 1847.
1847.
Mar. 16, Edw'd Valentine and 2 others,
8, S. C. Robinson and Jos. J. Albright,
12, Thomas Cartmill, John B. Sherrard,
16, Benjamin Carpers and Benjamin Ammen,
9, James Shanks and John Ammen,
8, Jacob Obenchain and 2 others, «
16, John S. Wilson and 3 others,
10, Gary Breckenridge and Wra. B. Preston,
13, Fletcher H. Mays and Alex'r P. Eskridge,
9, Geo. Belong and 4 others,
- Edw'd Johnson and 4 others,
8, Dan'l Ammen and 9 others.
1847.
Received 16íA April 1847.
Ap'l 1, Charles T. Beale and 2 others.
Mar. 24, Saml'Noftzinger and 2 others,
Ap'l 5, William Weaver and Sam'l Sherrard,
1, Peter Neniner and Jacob G. Spring,
1847.
Received 28th April 1847.
Ap'l 23, Thomas Shanks, John T. Anderson, &c.
Received May 4, 1847.
1847.
Mar. 31, Wm. N. Anderson and six others.
1847.
Mar. 31, M. Pendleton, &c.
Ap'l 12, S. McD. Reid, &c.
14, J. Jordan, Ä-c.
14, W. C. Lewis, &c.
15, J. D. Davidson, &c.
17, A. Cameron, &c.
17, C. P. Dormán, &c.
17, J. Gilmore, &c.
17, D. B. Layne, &c.
19, R. Pitzer, &c.
May 1, W. H. Terrill,
14, J. J. Allen and others,
June 29, City of Richmond,
Received Jane 9, 1847.
5,000 00
10,000 00
10,000 00
5,000 00
10,000 00
1,000 00
20,000 00
10,000 00
5,000 00
1,000 00
20,000 GO
10,000 00
10,000 00
5,000 00
5,000 00
4,000 00
2,000 00
5,000 00
3,000 00
1,000 00
1,000 00
1,000 00
1,000 oo
1,000 00
5,000 00
6,000 00
'10,000 00
10,000 00
49,000 00
107,000 00
24,000 00
20,000 00
5,000 00
26
[Doc. No. 39.]
The following is a copy of the form of the bonds above mentioned:
Know all men by these presents, that the James river and Kanawha company, and S. C.
Robinson and Jos. J. Albright, are held and bound to the commonwealth of Virginia in
the sum of ten thousand dollars: to the true payment whereof the said James river and
Kanawha company hinds itself and its successors, and the said S. C. Robinson and Jos. J.
Albright bind themselves, their heirs, executors and administrators, jointly and severally by
these presents.
Witness our hands and seals this 8th day of March 1847.
The condition of the above obligation is sucb, that if the gross amount of tolls upon the
whole line of the canal between Richmond and Buchanan for five years, commencing
three months after the said company's canal shall be completed and put in active operation
from Lynchburg to Buchanan, shall fall below the average gross amount of two hundred
and sixty thousand dollars per annum, then S. C. Robinson and Jos. J. Albright, the sure¬
ties to this bond, shall pay their proportionate part of such deficiency of tolls for the said
five years, not exceeding the penalty of this bond, otherwise this obligation to remain in
full force and eifect.
S
SEAL.
J. R. it K. 00c
J
WALTER GWYNN,
Pres. J. R. Sf K. Co.
S. C. ROBINSON, [Seal.]
JOS. J. ALBRIGHT, [Seal.]
[Doc. No. 39.]
27
County of Botetourt, viz :
Personally appeared before the subscriber, a justice of the peace for
the said county, S. C. Robinson and Jos. Albright, sureties to the within hond, who ac¬
knowledged the same to be their act and deed, and made oath that they the said sureties are
worth double the penalty of said bond after the payment of their just debts.
Witness my hand and seal this 8th day of March 1847.
THOMAS SHANKS, J. P. [Seal.]
County of Botetourt:
The undersigned, clerks of the county and superior courts of said
county, do hereby certify, that to the best of their knowledge and belief the sureties to the
within bond are and will be good and sufficient for the amount of the penalty thereof.
Witness our hands, this 10th day of March 1847.
FERDINAND WOLTZ,
Clerk county court Botetourt.
W. H. BOWYER,
Clerk circuit superior court Botetourt co.
All of which is respectfully submitted.
By order of the Board of public works.
W. R. DRINKARD,
Sec'ry B. P. W.
\
23d December 1852.