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damage that may be done to the Canal, and of the interruption or hazard to

which its navigation will be unavoidably exposed, in the construction of that Rail Road along the margin thereof, __ themselves to pay to the Chesapeake and Ohio Canal company, for grading the four miles and one tenth of the Road between Harper"s Ferry and the Point of Rocks, hereinafter described, the sum of two hundred and sixty six thousand dollars. The said four miles and one tenth of the Road shall consist of a space to be laid off between the entrance to the bridge at Harper"s Ferry and a point __ miles therefrom, according to the location of the said Road, which point will be below Millar"s Narrows: of one mile and one-twentieth, extending from a point opposite to the door of the chief public house, at the Point of Rocks, up the valley of the Potomac, comprehending the Lower Point of Rocks; and one other mile and one-twentieth, extending above and below the Upper Point of Rocks so as to comprehend the same; embracing all that part of the canal border at those places in which an interference exists between the location of a Canal and Rail Road. In making as well as locating the said Road, the Chesapeake and Ohio Canal Company shall act in conformity with their own judgment, subject to the conditions, as to the curvature, inclination of surface, and the breadth of the said road, which the act of the General Assembly of Maryland prescribes, except that so much of the said road as is expected to be hereafter common to the Frederick and Harper"s Ferry Turnpike Company and the Rail Road Company shall be of the breadth, at the surface, of not less than thirty feet, instead of twenty, for the better accommodation of both those companies. Should the Canal Company prefer it they may begin the lowest section of the said road at any elevation opposite the tavern at the Point of Rocks, not exceeding four feet above that of the road now constructed at that place; and, in case of a change of the present elevation, the expense of raising the present road and its appurtenant fixtures, so as to adjust the same to the road below, and to its extension above, shall be at the cost of the Rail Road Company; and shall be done at such time as they may please to direct: Provided, however, that at the lower termination of the pass, through Millar"s Narrows, above mentioned, at both terminations of the pass of the Upper Point of Rocks, and at the upper termination of the pass by the Lower Point of Rocks, the Baltimore and Ohio Rail Road Company may, if they please, in fixing the elevation of these points, or termini, unite as engineer of their own appointment, with the engineer of the Canal Company, charged by the same to make the location thereof, so as to adjust those points to the intermediate 7