1832.

LAWS OF MARYLAND.

CHAP. 287.

not extend to a necessary impracticability to construct the
rail road of the breadth of twenty feet, and a greater
breadth has already been given to the canal than fifty feet,
at the water surface, the breadth of the latter shall not be

Proviso

reduced; Provided, that if, in the opinion of the board of
commissioners, to be appointed as hereinafter provided,
and who are required to report upon the subject as soon
as practicable after their appointment, the graduation of

Commissioner to

estimate cost of gra-

dation &c

the said road at the passes aforesaid, would exceed the sum
of one hundred thousand dollars, the canal retaining a
width of fifty feet, then the said commmissioners shall de-
termine what reduction in the width of the said canal, not

Canal 50 ft width.

reducing it, in any event, to less than forty feet in width,

In case &c.

may be necessary to make the cost of graduating the said
road in the said passes equal to the sum aforesaid— and
shall report a plan of such reduction in width to the two

Report plan of re-
ducing canal.

companies respectively, and such plan shall be followed in
the reduction of the width of the canal, and in the con-
struction of the said rail road by the said Rail Road Com-

Or if Canal Com-

pany &c choose to

preserve the fifty

feet wide

pany — or should the Canal Company desire to retain the
width of fifty feet for the said canal, notwithstanding any
report of the said commissioners, they shall be permitted
to do so; provided, that they shall graduate the said road,
at the passes aforesaid, agreeably to a plan to be approved
by the said board of commissioners within six months after

Payment when

such plan shall have been furnished and approved by the
said board; and the said Pail Road Company shall pay to
the said Canal Company, for such graduation, as the work
proceeds, such sums, and at such times, as the board
of commissioners may direct and appoint, in proportion to
the sum of one hundred thousand dollars, which sum of

To be in fall

one hundred thousand dollars, when paid by the said Rail
Road Company, shall be in full satisfaction for such gra-
duation — the said graduation to be approved and accepted

Further proviso

by the said board of commissioners; and further, it is
hereby provided, that the said road shall be considered as
constructed according to the terms of this provision, if no

Radius and devia-

tions

curve be required therein of a less radius than four hun-
dred feet, and if no deviation from a horizontal line be re-
quired, to adapt the road to these passes exceeding thirty
feet per mile.

Rail Road may

meantime be com-

menced between

the narrow pas-

ses

III. The Rail Road may be commenced on the line before
described, at all places between the narrow passes aforesaid,
where it can be done without interfering with the ground
occupied by the present contractors, and with their consent,
at all places whatever, so soon as this act shall have been