1835.

LAWS OF MARYLAND,.

differences that may arise between the said companies

CHAP. 395.

in carrying into operation the plan here contemplated,

for the construction of said canal and rail road, and

their respective appurtenances, and the decision of said

commissioners upon all points submitted to them shall

Care of vacancy

be final between the said companies; and in the case of

the death, resignation, disqualification or refusal to

act of any one or more of such commissioners, the va-

cancy so occurring shall be filled by the authority by

whom the appointment was originally made, and it

Their duties

shall be the duty of said commissioners, as soon after

their appointment and qualification as practicable, to

ascertain all the passes of said river where the canal

and rail road must, from the nature of the ground, be

brought into contact, and the length of such contact

at such passes respectively, and forthwith to determine

upon the plan and mode of the joint construction of said

works at said passes, of which plan and mode they

shall give notice to the said companies respectively,

In case of deciding

.and if the said commissioners shall determine that it

to construct both

works by the same

would be best to have said two works constructed at

contractor;

such passes or any of them, exclusive of the laying of

the rails on said rail road by the same contractor or

Shall determine

contractors and under the same contract, the said com-

proporation paya-ble by each

missioners shall have the power, and are hereby re-

quired to determine the proportions of the contract

price or prices to be paid by the said companies re-

spectively, under such contract or contracts, and their

decision, after notice thereof given to said companies,

In relation to

shall bind them respectively, and whenever it shall be-

Bridges

come necessary in the construction of said rail road,

to erect permanent bridges across the said canal, and

the said companies cannot agree upon the height and

mode of construction thereof, the said commissioners

are hereby authorised and required to determine the

same, and their decision shall be binding on said com-

panies respectively.

Relating to fences

SEC. 4. And be it enacted, That the Baltimore and

Ohio Rail Road Company, be and hereby is discharged

from all obligations to erect and keep in repair at any

place or places, within or upon the margin of the said

rail road next te the canal aforesaid, a fence of boards