Martinsburg gazette and public advertiser. [volume] (Martinsburg, Va. [W. Va.]) 1826-1833, 1833-05-16

Il AASh pei .
Company and the Rail Road Compa-
my, shall be Of the breadth, al the sur
face, Of not less than thirty feet, in-
stead OF twenty, for the better accom-
mediation of both these Companies.
Should the Canal Company prefer
it, they may begin the lowest section
of the said Road at any elevation OPP
posite the tavern at the Point of Rocks,
not exceeding four feet above that of
the Road now constructed at that place;
and, in case of a change of the present
elevation, the expense of raising the
present Road and its appurtenant fix
lures, so as to adjust the same to the
Road below, and to its extension above,
shall be at the cost of the Rail Road
Company; and shall be done at such
time as they may please to direct: Pro-
vided, however, that at the lower ter
mination of the pass, through Millar's
Narrows, above mentioned, at both
denominations of the pass by the Upper
Point of Rocks, and at the upper ter
mination of the pass by the Lower
Point of Rocks, the Baltimore and Ohio
Rail Road Company may, ifthey please,
in fixing the elevation of these points,
or termini, unite an engineer Of their
own appointment, with the engineer of
the Canal Company, charged by the
same to make the location thereof, so
as to adjust those points to the inter
mediate Rail Road, according to the
) terms of the said act of the General
: Assembly of Maryland; and the Canal
Company may, in like manner, unite
their engineer with the Engineer of the
Rail Road Company, in fixing the in
termediate location of the Rail Road,
according to the said terms.
In the construction of the graduated
road aforesaid, for the four miles and
one-tenth, before mentioned, and in
satisfaction of all injuries that may be
done the canal in the construction of
the said road, and as indemnity for
any injuries that may be done the nav
, igation thereof, during the construction
: of the said road, payments of the 1885,
600 shall be made monthly by the
said Rail Road Company, in the fol-
lowing proportions, viz: one-twelfth
part thereof on the LIST day Of June
next, and one-twelfth part on the first
day Of each of the following months,
until the said graduation shall be COM
, pleted; but if the same be completed
earlier than the twelve months allow
ed therefor, the residue unpaid, at the
: time of such completion, shall be paid
on the first day of the month next en-
suing the same.
The passage to the Harper's Ferry
Bridge, across the canal, from the rail
road, shall be by pivot, or draw
bridge; the expense Of attending which
shall be equally divided between the
two Companies; and the elevation of
which, above the bottom of the canal,
} shall remain, as at present adjusted,
at three feet above the bridge across
!, the Potomac, unless it be, hereafter,
the pleasure of the Railroad Company
to elevate it still higher. And the
curves of the road, at the entrance of
the defile or pass at the Point of Rocks,
! and at the crossing at the said point or
= draw bridge, being not provided for by
| the act of the General Assembly of
r Maryland, shall be adjusted to the res
7 idue of the road, as conveniently as
f can be done, in the graduation of the
D Railroad by the Canal Company.
G All expenses to be incurred, in con-
: demning, or purchasing ground, or ma
J., terlals, for the location and graduation
a of the railroad, through the four and
, one-tenth miles aforesaid, shall be, as,
: at all other places, where the land re-
g CURED, is not now, the property of the
: Canal Company, at the proper cost of
+ the Railroad Company; and where the
said road shall occupy ground, now
n the property of the Canal Company,
:; the Railroad Company shall obtain,
d and convey to the Canal Company, an
: equivalent breadth of ground, along
the northern side of the Railroad, for
h the future supply of materials to the
: Canal.
/ 1t is, already, herein provided, that
! the portion of the railroad, at Har-
. per's Ferry Narrows, shall be thirty
: feet in width, for the common use of
: the Harper's Ferry and Frederick
; Turnpike, and tn. Railroad Compa-
MES. The Canal Company will allow
( the use, by the Railroad Company, of
5 any authority which they possess, to
: obtain permission from the Turnpike
Company, to the Railroad Company,
to lay their rails on the part of the said
, road common to both, the Canal Com
pany being bound by their articles of
: apreempnt ONLY for the nradn afion of