Martinsburg gazette and public advertiser. [volume] (Martinsburg, Va. [W. Va.]) 1826-1833, 1833-04-04

person, Uy reason OF neglect 10 keek up
such fence 10 all places where the same
may be necessary, the Rail Road Compa
ny shall be responsible to the full extent
Of the damage or injury TO the person or
owner o. the proper ~ sustaining the same:
Provided, thatwhie ample security be af
lorded the horses or mules tracking the
Canal boats, the fence shall IN all other
respects be so constructed as TO save the
Rail Road Company any injury thereirom.
5. And 10 the location and construction
Of the said Road, the Rail Road Compa
ny shall construct, wherever it may be re
CURED by the Canal 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 impede
or impair the convenient use by the pro
prietors of the adjacent lands, the Canal
Company and the public, Of the several
viaducts already constructed under the
Canal. OF the intended pass ways and
roads across it by the ferries or pivot brid
ges.
6. And whereas in all cases where the
Rail Road unayoldably approaches very
near to the Canal, it may obstruct the
tlfC aNNboo W tbt OHlOotC otoC NiiCtCOi iOt
stone TO wall hereafter the inner slopes
of the Canal, and for materials Of stone,
earth or wood TO repair the same in case
oil breaches IN ITS banks, 1t is especially
provided that in the former case the Can
al Company shall have access for
these purposes TO the quarries on the up
per side OF the road, after the road shall
have been completed: Provided that in
working the same they do not obstruct
ibe use of the Rail Road, and in case Of
breaches in the Canal, within or opposite
to such narrow passes, the said Rail Road
Company shall permit the removal Of any
fence along side of the Rail Road, to en-
able the Canal Company to reach the ne
cessary materials for such repairs, and
shall allow also the use Of so much of
their roads as shall be necessary for the
transportation Of stone, earth or timber
Tor the repair Of such breaches, free Of
cost TO the Canal Company, till tire same
shall have been repaired, when the Ca
nal Company shall replace at their own
proper cost such removed fences in the
condition in which they found them prior
TO such repairs Of the Canal, and in ma
KING such repairs, use only the track, if
there be two tracks, next the Canal, and
IN such manner as not to interrupt or pre-
vent the use of the other track at the
same time, by the Rail Road Company,
and with this restriction, the Canal Co
may, in such cases, if they prefer so doing,
erect temporary cover over the upper
track of the Rail Road for the purpose Of
obtaining, without impalring or o6struct-
ing the use OF that track, convenient mate
rails Of stone, earth or timber from the
adjacent or opposite country for the re-
pairs of the Canal; and at such times as
the Canal Company may find it necessary
to use the lower track of the said Rail
Road for such repairs, the Rail Road
Company shall furnish from the nearest
depot or station at which they may be
procured, such cars at a reasonable price
Tor the use thereof as may be needed for
The transportation of the said materials,
the cars to be returned in as good order
II practicable as when received, and any
injury which they may have unavoidably
sustained repaired or paid for by the Ca
nal Company
And if the Canal Company should
he kept out of use in any part of it after
The section to Harper's Ferry shall have I.
been completed, or delayed in its compf-
ion to that place by and during the con
'truction Of the Rail Road, the Canal
Jompanyshall be Undermined for any injury
'r loss OF profit therefrom either above or
,e'ow Harper's Ferry by the Rail Road
company. And if the two Companies
annot agree on the amount Of indemnity,
hen ITS amount shall be ascertained at
he choice of the Canal Company, either
~ arbltrators, one to be appointed by
ZACH Company, with power to call 10 an
umpire IN case Of difference, or by the
3oard Of Commissioners to be appointed
Is hereinafter provided, the award of the
,aid aroitrators or commissioners to be
lnal between the parties And the Balti
more and Ohio Rail Road Company
shall not occupy the Maryland shore Of
he river Potomac above Harpers Ferry,
where they shall have liberty to cross the
Canal by the Pivot Bridge now erecting
by the Canal Company ihereat, or by an
other Pivot Bridge constructed at an ele
walton above the surface of the Canal not
less than that of theaforesaid Pivot Bridge
or IN such other manner as the Board of
commissioners hereinafter mentioned shalt
deem most expedient, consistently with
the perfect and unimpeded use of the Ca
nal IN the most advantageous manner for
II.
s There shall be Board of Commits.
Sioners, to be appointed Immediately after
Inc mutual acceptance OF this act, consist
ing oil An Engineer appointed on the part
OIL each company, and in case of their dis
agreement, they are to have the power to
appoint such third person or Engineer as
they may select, or in the event of their
non concurrence in such selection, and the
report thereof TO their respective compa
Mes such third person or engineer shall
DC appointed by the President of the Uni.
ed States at the request ofthe two Com
panieS' or should one ofthe Companies re-
use or neglect to JOIN in such request, at
he reQupsf nj tha nthar & a,