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carriages that may travel thereon.

The said parties of the

second part agreeing to permit the said parties of the first part to erect a toll gate on the said wagon or carriage way and charge and take toll so far as said parties of the first part lawfully may from all persons and things passing on either side of said viaduct except those person and things expressly in this agreement without hinderance from aid parties of the second part or the agents in the same manner that they are authorized to charge and take toll at the present bridge provided as aforesaid that no toll shall be charged upon the rail road cars agents

or

officers of the said parties of the second part or of the said Winchester and Potomac Rail Road Company that

It being understood

there shall be a gate also upon that said of said viaduct

reserved for the exclusive use of said rail road which the said parties of the first part or their toll gatherer may close whenever it may be necessary to do

so to prevent the payment of

toll from being evaded provided said gate thus permitted to erect shall never be closed so as to interfere in

any manner with the

free and unrestricted use of the said viaduct by the said parties of the second part the said Winchester and Potomac Rail Road Company or the agents officers servants

cars or wagons of either

according to the terms of this contract [Gerald B. Wager] the said parties of the second part keep such wagon or carriage way at all times in good repair and condition and wilfully to do no