JAMES THOMAS, ESQUIRE, GOVERNOR.

1832.

accepted by both companies in its construction, at and
through the narrow passes aforesaid, after the canal shall
have been opened; three feet water shall be allowed to be
and remain at all times in the canal, except when it may
be necessary to lay and carry up to that height, the foun-
dation walls, along the lower side of the Rail Road, and if
the canal company, shall, prior to the opening of the navi-
gation make such foundation and carry up to that height,

CHAP. 291.

Three feet water

to be in canal.

Except

the dry walls aforesaid, required to sustain the road next
the canal, it shall have power to do so, and shall receive
for such work the price which the canal company may

Canal Company
may construct dry

wall

have paid for the same according to the usual cost of such
work; and during the construction of the said Rail Road,
the Rail Road company shall make every reasonable and
proper effort to guard against injury to the canal, or any
of its works, and shall cause to be removed as speedily as
practicable, any stone, earth, or other material which their
contractors or agents may throw or occasion to fall there-
in, in constructing the Rail Road, to the impediment or
obstruction of the navigation of the canal after the same

Amount be allow-

ed

Guard against in-

jury of canal

shall have been opened, and shall keep open and free
from obstruction a space wide enough for the nassage of
a canal boat, next the tow path of the canal, if practica-
ble.

Keep free from

obstruction

Boat to pass

IV. In the location of the Rail Road, at all places or
portions of the above line, it shall be removed, as far as
practicable, from the line of the Canal without increasing
the curvature of the road beyond the radius of four hun-
dred feet, and the inclination above thirty feet per mile; so

Rail Road

as to prevent in all cases the locomotive engines from
frightening the horses, or mules tracking the Canal boats;
and when so near an approach is made to the Canal by
the road, as to endanger such conveyances, and especial-
ly in the narrow passes aforesaid, the Rail Road company
shall, prior to the introduction of any locomotive engines,
on such part of the said road, cause to be erected within

Distinct as possible
from Canal.

or upon the margin of their road next the canal, or within
the canal adjoining the partition wall, a close fence of
boards, of sufficient elevation to prevent such locomotive
engines from alarming the horses or mules tracking the
canal boats; the said fence shall be kept up in good repair
at all times thereafter, by the said Rail Road Company, so
long as locomotive engines may be employed on the said
road; and for any damage or injury which may result or
happen to any person, by reason of a neglect to keep up
such fence in all places where the same may be necessary,