Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1833-03-27

C'mP' IN. said graduation to De approved
srad'an", Id by the said Board OF Commission
sad a',ef a,r6er it Is hereby provided, that the
er VI hall ne considered as constructed &C
Riil "' tho terms Of this provision, u no
eO'u'nS ,sonlred therein OF less radius tnan
curve 800 feet. aud il no deviation from no.
'oor au" I;ae be required to adapt the Road 10
I'1'"' o,...s. exceeding thirty ieet per mile.
me'1 r., Rail Road may be commenced on tne
Cd .r,rs described at all places between the
Hn' SIS. aforesaid where 1t can Or zone
ha ~, interfering with the ground occupied
We ,...snt contractors, and with their con-
Wv al Mace, whatever, as soon as this act
T" ,, Ssys been accepted bv both Companies
,si =, OBSTRUCTION at and through the mario"
ID u, ,t,r..aid. alter the Canal shall have been
P'J three feet water shall be allowed TO De
WI remain at all tunes 10 the Canal except "nen
:, nav be necessary to lay ana carry up 10 "s'
L.,,hi the foundation walls along The lower sue
~ Inc Rail Road, and il the Canal Company
" s,T orior to the opening Of the navigation.
''I .pch foundation and carry up to that height
%a Jry walls aforesaid required to sustain the
',J next the canal,it shall have power to do so,
sb,Il receive for such work the price which
',' Company may have paid for the same,
.,l;os IN the usual cost Of such work. And
- The construction of the said Rail Road.
~" Rail Road Company shall make every rea.
.ar,bIe and proper effort to guard against injury
Tine Canal or any of its works, and shall cause
N b. removed, as speedily as practicable, any
,,oos. earth or other material which their con-
,,,rtor or agents may throw or occasion to TAU
t,a,sip in constructing the Rail Road,to the lm-
..d;,osnt or obstruction Of the navigation OF the
r,,,I after The same shall have been opened, and
bail Keen open aud free from obstruction space
wide enough for the passage Of a Canal boat,
rs1t the TOW path Of the Canal, if practicable.
1 In the location Of the Rail Road at all pia-
70, or portions Of the above lne, 1t Shall De re-
ma,rd, as tar as practicable from the line OF the
Canal. without Increasing the curva,lon road be-
yeud the radius Of four hundred feet, aud the IN
,iaaton above thlr', feet per mile, so as TO pre-
vent in all cases the locomotive engines trom
jri.htening the horses or mules tracking the "a
nal boa,.: and when 50 near an approach Is made
IN the Canal by the Read as 10 endanger such con-
seopecces. and especially IN the narrow passes
aforesaid, the Rail Road Company shall. prior 10
,be Introduction of anv locomotive engines Oh
such Fart Of said Road, cause to be erected Nth
N or upon the margin OF ther Road, ne>t the
Canal, or within the Canal, adiainirg the Partition
Val, ,luse fence oi boards Ol sufficient e!eva-
lion 10 prevent such locomou,e engines from
alatu.n. the horses or mues trackin, the Canal
boats; the said fcnee shall be kept up 10 good re.
pair al all tlnrs thereafter b. the SAID Rail Road
Company, ~ long a, locomnliVe eng,ues NAV be
empryed on the said Roa; aud f,r any damage
or injury Which ma. result or happen To any per-
lag nf a NO. % rt IN kppn N cuCh faucp
iasaiI places where The SANE may b. neCessary,the
Raj RoadCGmpany sh, be responsible to the fall
extent Of The damage or injary to the person. or
owner Of the property sustaining the same: Pro.
yided, that while amply security be afforded the
horses or mules tracking the Canal boats, the
fence shall IN all other respects be constructed
as to save the Rail Road Company any injury
theTeir0n.
). Aud in the location and construction of the
said Road, the Rail Road Company shalt con.
struct, wherever i, NAV be required by the Ca.
nal Company, pass-ways across the Rail Road to
the BERN side Of the Canal, and shall especially
locate and construct their road so as not to i'm.
pede or impair the convenient use by the proprie.
tors Of the all accent lands, the Canal COMPANY
aud the public, ot the several ,iaduc,s already
constructed under the Canal, or the intended
pass ways aud roads across it by the ferrys or nj
vol bridges.
O. Aud whereas in all cases where the Rail
Road unaSoldaby approaches very near to the
lanai, It may obstruct the free access 20 the Cd.
poslie side thereof for stone to wall hereafter the
inner slopes OF the Canal. aud tor materials of
Stone, earth or woud to repair the same 10 case of
orea' hes IN its banks, it il especially provided
mat IN the former case the Canal Company shall
nave aete', Tor these purposes tn the quarries on
me upper side OF the road, after the road shall
nave been completed: Provided that in working
me same they do NOT ob,truct the use of the Rail
had and IN case OF breaches in the Canal with.
OF opposite to such narrow passes. the said Rail
h'ad COMPANY shall permit the removal Of any
euee ai'ng side OF the Rail Road, to enable the
S''a' COMPANY TO reach the necessary materials
'o' snch repairs, and shall allow also the use of
10 much OF their road as shall BE- necessary for
u'e transportation OF stone. earth or timber for
I've repair OF such breaches, free of cost to the
lanai Company, all the same shall have been r..
P"eu' when the Canal COMPANY shall replace
a. uer own proper cost such removed fences in
"e 'onu'uon IN which they found them prior to
su'" repairs OF the Canal. and IN making such
'ePa'rs' use only the track, If there be two tracks,
NeA' 'se Cana, and in such manner as not to in.