JAMES THOMAS, ESQUIRE, GOVERNOR.

1832.

the adjacent or opposite country for the repairs of the Ca-
nal; and at such times as the Canal Company may find it
necessary to use the lower track of the said rail road for
such repairs, the Rail Road Company shall furnish from

CHAP. 291.

the nearest depot or station at which they may be procured,
such cars, at a reasonable price, for the use thereof, as may
be needed for the transportation of the said materials, the
cars to be returned in as good order, if practicable, as
when received, and any injury which they may have una-
voidably sustained, repaired, or paid for by the Canal
Company.

Of Cars, &c.

VII. And if the Canal Company should be kept out of
use in any one part of it, after the section to Harper's
Ferry shall have been completed, or delayed in its comple-
tion to that place, by and during the. construction of the
Rail Road, the Canal Company shall be indemnified for

Case of being kept

fom use of Canal

any injury or loss of profit therefrom, either above or below
Harper's Ferry, by the Rail Road Company; and if the two

its amount shall be ascertained, at the choice of the Canal
Company, either by arbitrators, one to be appointed by each
Company, with power to call in an umpire, in case of dif-
ference, or by the board of Commissioners, to be appoint-

How indeminfied.

ed as hereinafter provided; the award of the said arbitrators

Arbitrators, &c.

Baltimore and Ohio Rail Road Company shall not occupy
the Maryland shore of the river Potomac, above Harper's
Ferry, where they shall have liberty to cross the Canal by
the pivot Bridge now erecting by the Canal Company there-
at, or by another pivot Bridge constructed at an elevation
above the surface of the Canal, not less than that of the
aforesaid pivot Bridge, or in such other manner as the
board of commissioners hereinafter mentioned, shall deem
most expedient, consistently with the perfect and unimpe-
ded use of ths Canal, in the most advantageous manner
for it.

Rail Road not to

occupy Maryland

shore above Har-

per's Ferry

VIII. There shall be a board of commissioners, to be
appointed immediately after the mutual acceptance of this
act, consisting of an Engineer, appointed on the part of

Board or Commis-

sioners

each company, and in case of their disagreement, they are
to have the power to appoint such third person or engineer
as they may select, or in the event of their nonconcurrence
in such selection, and the report thereof to their respective

How constituted

companies, such third person or engineer shall be ap-
pointed by the President of the United States, at the re-
quest of the two companies, or should one of the compa-

Their duties.