JAMES THOMAS, ESQUIRE, GOVERNOR.

1832.

tion of flour, meal, or other manufactured grain, shall be
the same, weight for weight, with the tolls charged for the
transportation of the unmanufactured grain.
Sec. 3. AND WHEREAS, the Baltimore and Ohio Rail

CHAP. 282.

Company, are desirous to extend their road up the north
side of the Potomac River, as far as Harper's Ferry, and
the state of Maryland being deeply and equally interested
in the successful prosecution of the Baltimore and Ohio
Rail Road, and the Chesapeake and Ohio Canal, and be-
lieving that the successful prosecution of the Baltimore
and Ohio Rail Road, will depend upon its being permitted

Desire of R. Road

Company and in-

terest of the stae

in the route

by the Chesapeake and Ohio Canal Company to pass at
and near the Point of Rocks to Harper's Ferry; be it there-
fore further enacted, that the special grants made by the
first and second sections of this act, be and the same are
hereby made upon the following conditions and with the
following restrictions: —

Condition of the

foregoing grant.

I. That the Rail Road Company shall be permitted by
the Canal Company, as soon as the canal shall be com-
pleted, that is by the 10th day of May next, between the
Point of Rocks and Harper's Ferry, to extend their rail
road, with a breadth of twenty feet, through the difficult
passes of the Potomac, from the Point of Rocks to Har-
per's Ferry, and that the Canal Company in the interim
shall so conduct their work at each of these 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.

Permission to ex-

tend Rail road, &c

II. The difficult passes here meant; are the four passes
called the Lower Point of Rocks, the Upper Point oi
Rocks, Miller's Narrows, and Harper's Ferry Narrows, as
far up the same as the present bridge over the Potomac,
and their length is the same as that reported by the engi-
neers, Nathan S. Roberts, and Jonathan Knight, in the
proceedings in the Court of Chancery of Maryland, in the
suit depending in that court, in which the Baltimore and
Ohio Rail Road Company were the complainants, and the
Chesapeake and Ohio Canal Company were the defend-
ants, and in these passes the canal shall be reduced in
breadth where there shall be a necessary or unavoidable
interference between the canal and rail road, to fifty feet at
the water surface, and the rail road, as before stated, to
twenty feet; the reduction of the former to be effected.

Difficult passes de-

fined

where in those passes the breadth of the canal exceeds
fifty feet, by substracting from the said breadth at the
berm side of the canal, but where such interference does
46

Dimension of ca-

nal &c, thereat