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

shall be permitted by the Oanai Soibpd-
10y, as soon as the Canal shall be complet
ed, that is, by the 10th day oil May next
! between The Point of Rocks and Har-
per's Ferry-to extend their Rail Road
with breadth of twenty feet through the
difficult passes of the Potomac from the
n Point Of Rocks 10 Harper's Ferry, and that
the Canal Company, 10 the interim, shall
so conduct their work at each Of these
H passes as not to augment the difficulty Of
constructing the Rail Road with the
breadth aforesaid along the upper side Of
the Canal through those passes
| Ind. The difficult passes here meant
are the four passes called the Lower
Point OF Rocks, the Upper Point Of Rocks
MIller's Narrows, as far up the same as
the present Bridge over the Potomac, and
their length IS the same as that reported
by the Engineers, Nathan ). Roberts and
Jonathan knight, in the proce edngs in the
Chancery Court of Maryland, in the suit
depending in that Court, in which the
Baltimore and Ohio Rail Road Company
were the Compliments and the Chesa.
peake and Ohio Canal Company were
the defendants; and in these passes the
Canal shall be reduced in breadth where
there shall be necessary or unavoidable
interference between the Canal and Rail
Road, TO fifty feet at the water surface,
and the Rail Road. as before stated 10
: twenty feet, the reduction Of the former TO
he effected where in those passes the
breadth at the BERN side Of the Canal
but where such interference does not ex
tend TO necessary imprac ticability to con-
struct The Rail Road Of the breadth of
: twenty feet, and greater breadth has al
ready been given to the Canal than fifty
feet at the water surface, the breadth Of
) the latter shall not be reduced
. Provided, that if, in the opinion OF the
Board Of Commissioners TO be appointed
as hereinafter provided, and who are re
CURED to report upon the subject as soon
RI as practicable after their appointment, the
graduation OF the said road at the passes
: aforesaid would exceed the sum of 800,
600, the Canal retaining a width of fifty
feet, then the Commissioners shall de
termine what reduction in the width of
The said Canal NOT reducing it, in any
event to less than forty feet in width, =
may be necessary to make the cost of
graduating the said Road in the said pass
es equal to the sum aforesaid: and shall
report plan Of such reduc lon in width
to the two Companies respectively, and
such plan shall be followed in the reduc
ing Of the width OF the Canal, and in The
: construction Of the said Rail Road by the
said Rail Road Company Or should the
Canal Company desire to retain the width
Of fifty feet for the said Canal, notwith-
standing any report of The said Commits
sloners they shall be permitted to do so;
Provided that they shall graduate the said,
i, Road, at the passes aforesaid agreeably
TO plan to be approved by the SAID Board
OF Commissioners, within six months after
such plan shall have been furnished and
approved by the said Board And the
said Rail Road Company shall pay to The
SAID Canal Company Tor such graduation,
as the work proceeds, such sums and at
such times as the Board of Commission
ers may direct and appoint, in proportion
TO the sum OF 500 600, which sum Of
sl00, 900, when paid by the said Rail
Road Company, shall be in full satisfac
ton for such graduation-the said gradua
ton TO be approved and accepted by the
said Board Of Commissioners. And far
Their II is hereby provided, that the Rail
Road shall be considered as constructed
according to the terms of this provision i'll
no curve be required therein of less ra-
dIus than horizontal line be required to
adapt the Road TO these passes, exceeding
thirty feet per mile.
50. The Rail Road may be commenced
on the line before described at all places
between the narrow passes aforesaid where
1t can be done without interfering with the
ground occupied by the present conlrac-
tors, and with their consent, at all places
whatever. as soon as this act shall have
been accepted by both Companies In
its construction at and through the narrow
passes aforesaid, after the Canal shall
have been opened, three feet water shall
be allowed to be and remain at all times
IN The Canal, except when it may he ne.
cessary to lay and carry up to that height
the foundation walls along the lower side
OF the Rail Road, and If the Canal Com
pany shall, prior TO the opening Of the
navigation, make such foundation and
carry up to that height the dry walls a
ioresald required 10 sustain the road next
the canal. 1t shall have power to do SO
ana snail receive for such work the price
which the Canal Company may have paid
Tor the same, according to the usual cost
oil such work And during the construc
ton OF The said Rail Road, the Rail Road
Company shall make every reasonable and
proper effort TO guard against injury to the
Canal or any of its works, and shall cause
to be removed, as speedily as practicable,
any stone. earth or other material which
their contractor or agents may throw or
occasion TO fall therein, in constructing
the Rail Road, to the impeachment or OBJ
struchon ofthe navigation of the Canal af.
ter the same shall have been opened and
Tree from obstruction space wide enough
Tor the passage of Canal boat, next the
tow path of the Canal, if practicable.
In the location of the Rail Road AT
all places or portions of the above line, il
shall be removed, as far as practicable.