Chap. 82.—An ACT in Relation to the Disposition of the Interest of the
State in the James River and Kanawha Company.

Approved February 12, 1872.

Whereas, it is considered by the general assembly of Vir-
ginia, that the present is a favorable time for a cordial co-ope-
ration of the states of Virginia and West Virginia to effect the
completion of the James River and Kanawha canal, from its
present terminus to the Ohio river, and that the legislature of
Virginia should take such immediate action as may seem neces-
sary and proper to promote that object, with a request to the
legislature of West Virginia to take like action on its part;
and whereas, by the thirteenth section of an act passed on the
twenty-third March, eighteen hundred and sixty, entitled “ar
act to amend the charter of the James River and Kanawha
Company,’ it was provided that all the property, rights, fran-
chises and privileges of every kind and description of said
company, should be transferred to and become the property of
the state, unless the canal should be completed to Covington
or the western terminus of the Virginia Central railroad with.
im six years from the passage thereof; which act of March
twenty-third, eighteen hundred and sixty, was amended and
re-enacted by an act of February twenty-first, eighteen hun-
dred and sixty-six, entitled “an act to extend the charter ot!
the James River and Kanawha Company,” by which it was pro-
vided that all the property, rights, franchises and privileges ot
every description of the said company, should be transferred
to and become the property of the state, unless the canal
should be completed to Covington within one year from the
thirty-first March, eighteen hundred and seventy-one: there-
fore,

1. Be it enacted by the general assembly of the state of Vir-
ginia, That the before-recited act of February twenty-first,
eighteen hundred and sixty-six, be and the same is hereby re-
pealed; but nothing herein contained shall be construed to
operate as a revival of any previous law relating to a forfeiture
or transfer of the charter, property, rights, franchises or privi-
leges of said James River and Kanawha Company; and if, by
the operation of any previous law, any forfeiture or transfer of
the property, rights, franchises, or privileges of the company
may have accrued to the state of Virginia, then such forfeiture
or transfer is hereby fully and forever released in favor of the
said company.

2. That General G. W. C. Lee, Thomas S. Bocock, Lieuten-
ant-Governor J. L. Marye, Robert Ould, Samuel Watts, Frank-
lin Stearns and Ro. W. Hughes are hereby appointed commis-
sioners on the part of the state of Virginia, who, together
with such commissioners as may be appointed on the part of
the state of West Virginia, shall be and they are hereby em-
powered to invite and receive proposals for the completion of
the canal from its present terminus to the Ohio river, with
authority on their part to make with any parties whom they
may deem responsible, any contract or agreement for such
completion, or for guaranteeing such completion, which any
four of the commissioners herein named on the part of this
state may approve. But the said commissioners on the part
of Virginia shall first invite and receive proposals for the pur-
chase of all the interest or claim of any kind whatsoever which
this state may have in or to said company, or which may be
under its control; and they shall advertise the same for sixty
days in such newspapers published in this or other states as
may be most likely to give general notice; and said proposals
shall be forwarded to the said commissioners under seal to
such place as they may designate.

3. The said commissioners are hereby authorized, in makjng
any such contract or agreement, to dispose of all the interest
or claim of any kind whatsoever which this state may have in
or to said company, or which may be under its control, upon
such terms, conditions and security as they may deem proper
and necessary for the completion of the work to the Ohio
river: provided, however, that the interest or claim of this
state in or to said company shall not be so disposed of as that
the transfer or release thereof shall become effectual unless
the canal shall be so completed to the Ohio river, within the
period of fifteen years from the date of the contract, in the
event said commissioners shall enter into a contract for its
completion, so that a boat carrying at least seventy tons has
passed from Ohio river to Chesapeake bay: and provided fur-
ther, that the rate of tolls for produce transported over the P
line already constructed, or any portion thereof, shall not ex- *
ceed the rate charged for through tolls over the whole line;
and they are further authorized to give an assurance to any
parties with whom they may make such contract or agreement,
that this state will, upon their application, pass such acts as L
may be necessary to enable the company to widen said canal
to the extent demanded by them, and to use and improve any *
of its waters upon which they may find it desirable to use
slack water or sluice navigation in connection with, or as part §
of, the canal: provided, that no contract or agreement made as :
aforesaid shall be valid or obligatory until reported to and ©
approved by the general assembly of this state: and provided ;
further, that no contract so made shall be of such a character }
or on such terms as to deprive any succeeding legislature of
the power to tax said company in such manner as may be law- !
ful with respect to internal improvement companies subject to
taxation.

4. That so much of the act of March, eighteen hundred and 4
seventy-one, as authorizes the board of public works to sell 6
the interest of the state in said James River and Kanawha }
Company, be and the same is hereby repealed.

5. The said James River and Kanawha Company shall pay ¢
the necessary expenses incurred by said commissioners in the ¢,.
execution of the duty herein imposed upon them.

6. The governor of the commonwealth shall, upon the pas-
sage of this act, immediately communicate the same to the ¢
governor of West Virginia, and respectfully request that it be V
submitted to the legislature of that state, for such action as it
may deem necessary and proper to carry out the objects and
purposes of this act.

7. This act shall be in force from the day of its passage. ¢