THOMAS W. VEAZEY, ESQUIRE, GOVERNOR.

1835.

or other materials; Provided however, that the said

CHAP. 395.

rail road company shall pay or tender to the said canal

company, such sum of money as in the opinion of the

said commissioners, or a majority of them, will fully

provide for the erection and maintenance of good and

sufficient post and rail fence along the river line of the

tow path, where its side may be precipitous and the

said rail road he so near to the said canal that horses

and mules, when tracking canal boats, might be alarm-

ed by the use of locomotive engines on such parts of

the said rail road, and that the said rail road compa-

Notice of approach of locomotives

ny shall give such convenient and appropriate notice

of the approach of its locomotive engines, on each of

such parts of the said rail road as may be agreed upon

hy the president und directors of the said companies,

or in default of such agreement, then such notice as

shall he prescribed by the commissioners aforesaid, or

by a majority of them, or for any damage or injury

which may result or happen to any person by reason of

any neglect to give the notice which may be agreed

upon, or be prescribed as aforementioned, the said rail

Damage

road company shall be responsible to the full extent of

the damage or injury that may be done to the person or

property of anyone sustaining the same.

SEC. 5. And be it enacted, That the said treasurer

Treasurer to pay

shall be, and he is hereby authorised and directed to

pay from time to time, upon the requisition of the pre-

sident and directors of said companies respectively, af-

Six months notice

ter six mouths' notice, not exceeding one million of

Sum

dollars to each of said companies, in any year, in the

whole not more than three millions of dollars to each

of them, out of the money which he shall receive as the

Fund

par or sum of the State's stocks or bonds that may he

issued or disposed of, for the purpose of providing the

amount of subscriptions aforesaid, to the stocks of said

companies, and that the said several subscriptions and

payments for the said stock of each of the said compa-

nies are hereby authorised and directed only upon the

Condition

Condition, that none of the rights and remedies of this

State, under any contract now subsisting between the

State and either of said companies shall be in anywise

impaired, waived, relinquished or affected by reason of