Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1833-03-27
COMPROMISE LAW.
AN ACT to provide for the continuation Of 4
Baltimore and Obi O Rail Road 10 Ham,
Ferry and rnr otbpr nurnnses

Ferry, anu Tor other purposes.
Sec. lst. Be il enacisd Gg the General .s,,,.
bly, of Mar gland. That the Baltimore and H..
Riil Road Company be and II is hereby ,n,t'
rized to subscribe for twenty five hundred ,s,.'
of the stock Of the Chesapeake and Ohio C' .,''
Company, aud to pay, whenever the B,l,mo''
and Ohio Rail Road shall De completed to n.y.
per's Ferry, upon the terms hereinafter Slim ;,
ed, such proportion Of said stock as shall b. -.
portionally equal to the amount which st,f ',
that tine have been paid IN the stock held BY T..
State IN the SAID Canal Company, the bals.:. .;
the stock so subscribed by The said R,il 81
Company to be paid as the capital stock gs.,.
rally Of the said Canal Company, SHALL o. e,l,[
in and paid.
Sec. End. find be ii further enacted Thu,
whenever the Baltimore and Ohio Rail Ro,J
shall be completed upon the terms her,in,t,..
stipulated to Harper's Ferry, the assent Of tsi
state be and the same is hereby given 10 an -,
Of the General Assembly of the State Of Virgins
entitled "An Act further to amend an act inro
poratins the Chesapeake aud Ohio Canal Cam
pany,,' which passed February the 9th ISN
and To another Act OF the same state entitled :,
Act TO amend the charter of the Chesapeake IN
|
OHIO Canal Company, BY authorl.in. the to-
mencemcnt OF the western section of the Can,
which passed February the 18Th, 1850 prO,ii
ed that IN the exercise Of the powers couf.,,i
upon the Chesapeake and Ohio Canal Comm,
by the first OF those Acts, of selling or o,lera,.
disposing OF surplus water, an absolute sale s..
in all cases be made of such surplus water 4,
conveyance in writing. And Provided also. H.;
the said Chesapeake and OHIO Canal Comm,
shall not at any time. or at any place, be auls
riZed to sell or dispose Of surplus water. ub.a
such sale, BY diminishing the quantity Of u.g
in. the bed Of the river, shall injure the v,,e,
rights Of any individual whatsoever; aud no pr
OF the said surplus water authorized TO be Ll.ns
ed OF by the SAID Act shall be applied any uhe,
within this State, to the manufacture Of any 8,
cies or description Of grain; and provided az
| that the tolls charged on the said Canal fs 1,
Transportation of flour, meal. or other m,auh;
tured grain. shall be the same, weight for ae.a
with the tolls charged for the transporal,s I
the unmanufac turrd grain.
SEC. 5rL. .4nd Whereas, the Baltimore nd
Ohio Rail Road Company arc DESTROYS TO eNlt
their road up the north side VI the Potomac I,
yer as lar as Harper's Ferry, and the Stale
Maryland being deeply aud equal, INTEREST,",
~ the successful prosecution of the Baltimore and
Ohio R,Il Road aud the Chesapeake and On
Canal, and believing that the successful prOsetv
tinn Of the Baltimore and Ohio Rail Road vi
depend upon its being permitted by the Cha
peake and Ohio Canal Company to pass at an
near the Point Of Rocks to Harpers Ferry,
il therefore further enacted. that the special s,r,
made by the first and second sections Of Tbs ID
be and the same are hereby made upon heS
lowing conditions and with the following resrs
tions.
lst. That the Rail Road Company shall \
permitted by the Canal Company. as 5000 nb
Canal shall be completed. that is, By the 10
day OF May Dext-between the Point Of Rcd
and Harper's Ferry-to extend their Rail M
with breadth OF twenty feet through the %
cult passes of the Potomac from the PcGl
Rocks to Harper's Ferry, and that the ca
Company, IN the interim, shall so conduct u
work at each OF these passes as not to ag.Tf
the difficulty of constructing the Rail Road
the breadth aforesaid along the upper side u
Canal through those passes.
2nd. The difficult passes here meant are
four passes called the Lower Point Of ROls,
Upper Point Of Rocks, MIler's NarfOSs,
Harpers Ferry Narows, as Tar up The ,'r'
the present Bridge over the Potomac. and
length is the same as that repmtedby the
neers, Nathan 5 Roberts and Jonathan M.
in the proceedings n the Chancery Court Of
ryiand, IN The SUIT depending IN that Govt
which the Baltimore aud ONO Rail Road COS
ny were the Conplainants and the Cbf''P
and OnIo Canal Cumpay were the de''0l'
and in these passes the Canal shall be ''u'
in breadth where there shall be mecca.
unavoidable interference between The ld'"
Rail Road, to fifty feet at the water 'ah'"
the ltaIi Road rs before stated 10 t"eHV
the reduction Of the former 10 be effected
IN those passes the breadth Of The CaHaI c'''
fifty feel, by subtracting from the said we
at the BERN side Of the Canal, but "0ef
interference does not extend to Dec's,!
practcabilIty to construct the KalI w.,
the breadth Of twenty feet, and grs''nr y' d
has already been given TO the la"a' ' 81,
feet at the water surface. the bread'" y"
ter shalt not be reduced. ,a.p.
Provided, that if. in the opinion d We
of Commissioners to be appointed a. .s,,
provided, and who are required wy ,,s
the subject as soon as practicable ave- ',, A.
poin,ment, the graduation OF t'e 'a'o a. 3;
masses aforesaid would exceed the sun, g. 81,
noo ~. C.n,I retaining a width ol hIn