Page:Some History about the Village of Berlin.pdf/89

Rail Road, according to the terms of the said act of the General Assembly of

Maryland; and the Canal Company may, in like manner, unite their engineer with the Engineer of the Rail Road Company, in fixing the intermediate location of the Rail Road, according to the said terms. In the construction of the graduated road aforesaid, for the four miles and one-tenth, before mentioned, and in satisfaction of all injuries that may be done the canal in the construction of the said road, and as indemnity for any injuries that may be done the navigation thereof, during the construction of the said road, payments of the $266,000 shall be made monthly by the said Rail Road Company, in the following proportions viz: one twelfth part thereof on the first day of June next, and one-twelfth part on the first day of each of the following months, until this said graduation shall be completed; but if the same be completed earlier than the twelve months, allowed therefore, the residue unpaid, at the time of such completion, shall be paid on the first day of the month next ensuing the same. The passage to the Harper"s Ferry Bridge, across the canal, from the rail road, shall be by a pivot, or drawbridge; the expense of attending which shall be equally divided between the two companies; and the elevation of which, above the bottom of the canal, shall remain, as at present adjusted, at three feet above the bridge across the Potomac, unless it be, hereafter, the pleasure of the Rail Road Company to elevate it still higher. And the curves of the road at the entrance of the defile or pass at the Point of Rocks, and at the crossing at the said point or drawbridge, being not provided for by the act of the General Assembly of Maryland, shall be adjusted to the residue of the road, as conveniently as can be done, in the graduation of the rail road by the canal company. All expenses to be incurred, in condemning, or purchasing ground, or materials, for the location and graduation of the rail road, through the four and one tenth miles aforesaid, shall be, as, at all other places, where the land required, is not now, the property of the Canal Company, at the proper cost of the Rail Road Company; and where the said road shall occupy ground, now the property of the Canal Company, the Rail Road Company shall obtain, and convey to the Canal Company, an equivalent breadth of ground, along the northern side of the rail road, for the future supply of materials to the canal. It is, already, herein provided, that the portion of the rail road at 8