Witness our respective signatures, this sixth day of February, in the year of our Lord one thousand eight hundred and twenty-seven.
W. Kilty, Clerk Senate,
Gideon Pierce, Clerk House of Delegates, Md.
ACT OF THE STATE OF PENNSYLVANIA.
An Act incorporating the Chesapeake and Ohio Canal Company.
Act of Pennsylvania giving assent to act of Virginia.Section 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by authority of the same, That the full and entire assent of this commonwealth be, and the same is hereby, given to all and each of the provisions mentioned and contained in an act of the legislature of the state of Virginia, passed the twenty-seventh day of January, one thousand eight hundred and twenty-four, entitled “An act incorporating the Chesapeake and Ohio Canal Company,” so far as the same are or may be applicable to this commonwealth; and the said act of the state of Virginia is hereby adopted, ratified, and confirmed, and enacted into a law of this commonwealth, and all and each of the provisions, conditions, and restrictions thereof, as fully and effectually, as if the same were enacted, paragraph by paragraph, and section by section, so far as the same can apply to this commonwealth; always, nevertheless, subject to the exceptions, provisions, and restrictions, hereinafter mentioned; and the said act shall hereafter be in full force and effect, wherever the same is applicable, as well within, as without this commonwealth, as an act incorporating the Chesapeake and Ohio Canal Company, for all and every of the objects and purposes therein set forth and provided for, according to the true intent and meaning of the said act of the state of Virginia; an exemplification whereof shall be annexed to this act, and be published in the same manner as the laws are usually published; and the governor shall likewise cause an exemplified copy of the said act of Virginia to be deposited in the secretary’s office of this commonwealth, and shall also transmit an attested copy of this act to the President of the United States, and one copy thereof to the governor of Virginia, and one copy thereof to the governor of Maryland.
Sec. 2. And be it further enacted by the authority aforesaid, That this act shall have no effect, unless, within three years from and after the passage hereof, the state of Maryland shall pass a law authorizing the state of Pennsylvania, or any company which may be for that purpose incorporated by the state of Pennsylvania, to take and continue a lateral canal or canals, or railway, from any point or points within the territory of Pennsylvania, to, and connect with, the Chesapeake and Ohio canal, within the territory of the said state of Maryland, and upon the same terms and conditions, and with all the rights, privileges, and powers, of every kind whatsoever, that the Chesapeake and Ohio Canal Company may have to make the said Chesapeake and Ohio canal, and unless the said Chesapeake and Ohio Canal Company shall assent to and accept the said law of the state of Maryland, within one year after it shall have been enacted: Provided, That, should the said Chesapeake and Ohio canal be located on the south side of the Potomac, at any point or points below the town of Hancock, then the assent of Virginia, and the said Chesapeake and Ohio Canal Company, shall also be obtained in like manner, before this act goes into operation, except so far as it requires the assent of Maryland to the right to make a railway through the territory of that state.
Sec. 3. And be it further enacted by the authority aforesaid, That, as a condition on which this act shall pass, no greater tolls shall be charged or paid on goods, commodities, and produce, entering and transported on the said Chesapeake and Ohio canal, from such lateral canals, than are charged and paid on other goods, commodities, and produce of the same kind, transported on the said Chesapeake and Ohio canal: And provided further, That the aforesaid Chesapeake and Ohio Canal Company shall extend the Chesapeake and Ohio canal to, and terminate at, the city of Pittsburg.
Sec. 4. And be it further enacted by the authority aforesaid, That the said Chesapeake and Ohio Canal Company shall have full power and authority to alter and change the route of the western section of the said canal, so that the same may commence at the town of Cumberland, situated near the junction of Wills’ creek with the north branch of the Potomac, and be continued from