1832.

LAWS OF MARYLAND,

CHAP. 291.

the Rail Road Company shall be responsible to the full ex-
tent of the damage or injury to the person or owner of the
property sustaining the same; Provided, that while ample
security be afforded the horses or mules tracking the canal
boats, the fence shall, in nil other respects, be so construct-
ed as to save the Rail Road Company any injury there-

from

Passages to be con-
structed across R.

Road, &c

V. And in the location and construction of the said road,
the Rail-road company shall construct, whenever it may be
required by the Canal company, passways across the Rail
Road to the berm side of the Canal, and shall especially
locate and construct their road, so as not to impede or im-
pair the convenient use by the proprietors of the adjacent
lands, the Canal company, and the public of the several
viaducts already constructed, under the Canal, or the inten-
ded passways and roads across it by ferries or pivot bridges.

Access secured to

materials to repair

canal

unavoidably approaches very near to the Canal, it may ob-
struct the free access to the opposite side thereof, for stone
to wall hereafter the inner slopes of the Canal, and for ma-
terials of stone, earth or wood to repair the same in case
of breaches in its banks, it is especially provided, that in
the former use the Canal company shall have access for

Proviso.

these purposes to the quarries on theupperside of the road,
after the road shall have been completed; Provided, that in
working the same, they do not obstruct the use of the Rail
"Road: and in case of breaches in the Canal, within or op-
posite to such narrow passes, the said Rail Road company
shall permit the removal of any fence along side of the Rail

Use of Rail Road
to repair.

Road, to enable the Canal company to reach the necessary
materials for such repairs, and shall allow also the use of
so much of their road as shall be necessary for the transpor-
tation of stone, earth or timber for the repair of such
breaches, free of cost to the Canal company, till the same
shall have been repaired, when the Canal company shall
replace at their own proper cost such removed fences in
the condition in which they found them prior to such re-
pairs of the Canal; and in making such repairs, use only
the track, if there be two tracks, next the Canal, and in
such manner as not to interrupt or prevent the use of the
other track, at the same time, by the Rail-road company;
arid with this restriction, the Canal company may, in such
cases, if they prefer so doing, erect a temporary cover over,
the. upper track of the Rail Road, for the purpose of
obtaining without impairing or obstructing the use of that
track, convenient materials of stone, earth or timber from