THOMAS W. VEAZEY, ESQUIRE, GOVERNOR.

1835.

that if either of said companies shall neglect or refuse

CHAP. 395

to proceed with the portion of said joint construction

Case of other com-

for the space of sixty days after the plan thereof shall

pany not progres-sing

have been so determined, and notice thereof given to

them by said commissioners, it shall be lawful for the

The other may

other of said companies to proceed independently to

construct its works upon the scite designated by said

commissioners; provided, that in no instance shall the

No reduction of

plan adopted by said commissioners for the joint con-

width of canal

struction of the two works require a reduction of the

width of the canal below the minimum width requir-

ed by the charter of said Chesapeake and Ohio canal

Company,

SEC. 2. And be it enacted, That in the joint Con-

Canal securely con-

struction of said two works at the difficult passes

structed and ar no increased expense

aforesaid, the said commissioners sliall provide that

the" said canal and its works shall be constructed se-

curely, and in no case at any more expense to said canal

company than such part or parts of its canal or works

would have cost if the same had been separately or in-

dependently constructed, and such cost shall be deter-

mined by the estimates of said commissioners.

SEC. 3. And be it enacted, That there shall he a

Bond of commis-

hoard of commissioners appointed immediately upon

sioners — how con-

srtucted

said companies assenting as aforesaid, to the provi-

sions of this act, to consist of two engineers, one to be

appointed by each of said companies; and in any case

of disagreement of said engineers, they shall have

power to select and appoint a third person or engineer,

and in the event of their not concurring in a selection

they shall report the fact to their respective companies,

and such third person shall then be appointed by the

Governor of Maryland at the request of said compa-

nies, or of one of them, if the other shall neglect or re-

fuse to unite in such request, and the majority of said

three persons shall in the matter of disagreement afore-

said, have all the power and authority by this act

given to said two engineers, and said commissioners

shall perform the duties hereinbefore indicated, and

To arbitrate

shall act as arbitrators under oath or affirmation, truly

and impartially to decide, between the parties in all

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