Indiana American, Volume 7, Number 21, Brookville, Franklin County, 24 May 1839 — Page 1
UilJjU;
.ui am COUNTRY 8 laTXnjigT AISD QQX COtTNTXY a FK1BKIW. . prc.r.cL&ngso:. dBooKteixe, fraskhw covxtv, .,aa, friday hay 94, isao. : voi,T?ii
TERMS OP THE AMERIPiV.
I ia advance, oo ta etx months, or S at
.1. exBintioa of te year. No paner will H
uctioued until all arrearages ate paid, unless at
tucptton oi u eattor. ten per esnt. interest
ftt Biam i caarsa on au subscription, tie aspiration of the year, until paid; and for 2 Job-wotk and advertiaing vhea payment ia de-
feTM Beyond el inoocoa. -
ABfMTisKXKSTS. I welra hnes, or lest, will
W inserted once or toree times, for one dollar.
u4 eems wui n cnargea tot each additional
tucrtioa.
C.tttAI. LAWS.
J tf.Cr for the profcrfioH ofJke Cina. I--
- " ""if - .1- Oii. 1. ... . O
nar f-w pnjtoxn. rrraovEDrK8rt.R 19.IS3S.1
Sec. I. enacted1 65 tie GnrroMuemov
?isf o iic i i'jnm, nai it mr person or
t.u men ..".
penons snau wuuuuy una maliciously break.
tiro aown, injure, or aestroy any embank-
ocat, we iocs, equeduct, culvert, lock rate, or bridge, on any canal owned by the
itate, such person or persons, for every such cce, shall upon conviction thereof, by preeatmentor indictmeut Wfoie the proper trisaal. be sentenced to imprisonment at h-ird
Ubor ia tne state prison, tor any length of i
. I . - .a -
time, not less man six mourn, nor more than
two years; and shall further be held liable to pay all damages, sustained by thc state, in confluence of such offence.
See. z. t bat u any person or persons shall
wantonly or unnecessarily, open or shut, or tatse to be opened or shut, any lock gate, or
pddie gate, or culvert gate thereof, or my waste gate, or drive any spike, nail, pin, er edgt,into either of said gates, or shall in anv manner interfere with the free use of said
ptes, such person or persons for every such offence, shall forfeit and pay to the state oue
fcaadred dollars, together with all damages tosseouent anon such offence, recoverable
It action of debt, in the name of the State cf Indiana, before any court having competed! jurisdiction thereof.
8cc.3. That every person who shall lead, ride, or drive, or cause to be led, rode, or drove, any horse, cx,or other animal, drawing
after it any wagon, cart, draj , or other car
riare. upon the towing path or benn bank of m A..a . a n
toy at tne csnais 01 tnts state, snail tor ever?
rsch offjnee forfeit 'and pav to the state the
lira of fifteen dollars, recoverable by action of
(eot as araresaiu. Sec 4- That if any person shall obstruct the
navigation of anv of the canals of this state, by
linking therein any stone, timber, vessel, or
sther thing, or by placing any obstruction
ca the towing path thereof such person for ttery such effence, upon conviction thereof.
shaH torteit Rtid pay to the state the sum of
tweaty-five dollars, together with the expense
cf removing such obstruction, recoverable by ution of debt aforesaid.
Sec. 5. That if any boat or other float thall be so moored, or any of the canals, as to
ebstnet the navigation thereof, or if any per-
t3ii or (rroG3 shall obstruct, the passage of
boits on any canal, bv improperly stopping,
loading, unloading, or otherwise misconducting any beat or other craft, and shall refuse
er tcrlect to remove such obstruction imme
diately on being required to do so, by any officer, on the canal, or by any person incommo
ded br rich obstruction, the boatman or per
son who c vised the obstruction, shall forfeit
and pay to the state, the ram of twenty-five
delUrr, recoverable by action of debt as afore
Kid
Sec. G. That no person siinll construct any
Mrf, bastn, or watering place, on any cana1
of this state, or make any device or arrange-
meat, which will draw therefrom any water, iihoat first obtaining the consent in writing of the acting commissioner or principal engineer cf neb canal; and if any person shall violate this provision by commencing the construction of any such device withott permiatton as before Drovided, or shall refuse to fol
ic the directions of the acting comnussioner
engineer, which may be given in regard to U) location, sise, and form of such wharf, ba-
ia, Watering plare, er other device as aforeill, such pervon for every such offence, shall forfeit and cay to the state, the sum of 6Ay
4oUan, recoverable by action of debt as aforesaid; and the said acting commissioner or enoeer, or any superintendent, or agent of the te, is hereby authorized to remove and destroy every such wharf, watering place, or oth
er each device as aforesaid, at the expense of
person or persons thus attempting without
FnlSS10B to build it. See.?. That any Individ nal may build tridfe across any canl of this state: Preried the eeatre anan aT each bridce shall con-
fa to the followinrsoeciScatious. to-wit: the
tttondeof the bridge timbers shall be at w4 tea fret aKave th ton water line of the
fal. when the water U at its rreatest beteht.
the string pieces shall be twevle inches at the ends, and twenty inchches deep J te Centre, to prevent them from swagger"5 down towards the caniL The trntsellor text which staads ia the) caaaL shall be
pUced as ta leave thtrtyse feet cleat fb for the passage cX boats between taid efabsjtmut aad tU Utrkez oath f&e
fUft asemsoriax at Cm lord of er feet
"tiibcxcf theeaaal The trbsselor
nistal wtkb etaads oa too towing path
k n ctei as to hare six feet clear
7 betwctaeali tressell or abetment, and V ei- afiv. calcr hM Ih cmnal la ta!A.
bove i top water line, so as to allow the horse and driver to pass under the bridge; nnd from the end of sail trussell or abutment, the tow-
og pain snail be sloped at the rate of one to six, to the height of the adjoining tow path; nnd to prevent the towing path from being undermiuded and rendered impassable by the action of the water route, a wharf shall br
constructed in front, formed of two slicks of
umocr lorty feet long, secured by square ties the measurements and levelling herein required, to be made by the engineerhaving charge of the line, who shall attend to this duty whenever requested to lo so by any individual, & it anjT person shall commence the construction of any bridge, which does not conform in every respect to the specifications herein piv-
en, such person shall upon conviction thereof,
ueiore any court having competent jurisdtction,forfeit nnd pay to the state the sum of fifty
dollars, recoverable by action ol debt in the
name of tb,e state.
&ec. 8. That no boat or float, unless it
lave a firm and permanent bow, nt least as iharp or acute as a siuii-circle. shall navi
gate or float on any canal of this state; and every time any boat or other float without
SUcll bow, shall move one mile nr nnr cri-ontor
- - - -"J, b
distance, along any 0f the canals of this state, thereof, forfeit the sum often dolla
boat or other float, or any other person hav
ing cuarge 01 eu.cn noat, who shall violate either of the provisions contained in the four
teen sections oext preceding this secticn, or nho shall permit any boatman or other person assisting in the navigation or management of such float, or violate either of said sections, or any provisions thereof, shall for every such violation forfeit and pay a sum not less than five ot more than twenty dollars, recoverable by action of debt in the name of the state of Indiana, before any court having competent jurisdiction. Sec. 23. Every penalty and forfeiture impoed by this act for which an) master, owner, boatman or other peison may be liable, and which is herein made recoverabl. by action ordebtin the name of the state, shall be chargeable on such boat or Coat, and when any suit shall be instituted for any such forfeiture, the officer issuing such process may cause such boat or float, together with the horses and furniture belonging thereto, to be attached
and detained. Sec. 2-1. Any person who shall wilfullv
throw into either of the canals any saw-log, or other limber or other thing, which may ob
struct the navigation, shkll on conviction
hall be considered a distinct offence.
kcc. 9. That it shall not be lawful far anv
boat, having any spike, bolt, nail, hook or any plank, board or pin proiectin? fiom the sil.
end or bottom thereof, in such manner as to
be liable to injure any other boat or towing line thereof in any work r mechanical structurc belonging to the canal, to navigate any of the canals of this state.
Sec. 10. That everv boat rnnnins? unon
any caual of this state, shall have a euard or
piaie oi iron or some oir.er permanent device, firmly attached so as to cover and secure the
opening between the keel or stern post and
the rodder, there by effectually preventing the
tow line of any other boat from entering said
opening.
Sec. II. That no boat he permitted to nav-
gatc any of the canals of this state, without a
good and sufficient bow line, which shall be approved of by the engineer or superinten
dent.
Sec. 12. That it shall not be lawful for anv
setting pole or shaft, pointed with iron, steel,
or other metal, to be used in the navigation or management of any boat or other float on
any of the canals in this state.
Sec. 13. No float chfcll move on anv of the
canals of this state with a velocity vxeeedin? r rl t O
lour mues per nour.
bee. I I. H hen a boat or other float shall
be overtaken by another bout, it shall be the
duly of the master or manager of the former,
to turn Irom the towing path and tibrd the
latter every possible facility for passing, and
i rl r 1 ll I ...
p u euuuiu unwe ncces.ary, until
rs. recov
erablc bv an action of debt in the nam. f
the state. And it shall be the dutv of everv
engineer, collector, superintendent or a?ent
cmploved on either of the canals, to scire all logs, fire-wood or other thing, which may be found floating lossely, and all rafts which may
oe louna impiopeny moored, so as to inter
cept the navigation, and to hold the same to
satisfy the penalty for the aforesaid offence.
Sec. 25. If any person in navigating, or assisting in the management of any boat or other float, on cither of the canals, shall either through design or negligence, in the navigation thereof, injure any lock, lock gate, waste gate, guard gate, aqueduct, bridge or other I ! . -t it r
mccuamcai structure, snail lorieit and pay upon conviction thereof, any sum not less than five nor more than twenty dollars, and moreover be liable for all damages caused by such mismanagement or negligence, recoverable by action of debt in the name of the state. Sec. 26. The board of internal improve
ment, are hereby authorized and empowered to establish such rates oftoltasther may
deem reasonable and most consistent with the
public interest, to be collected on the several
canals belonging to the state, nnd to make
such changes and amendments in said rates,
from time to time as the public good may seem to require. Sec. 27. The board of internal improvement shall appoint as many collectors of tolls on the several canals, nnd at such points on
the same as they may deem necessary to se
cure the faithful and punctual collection of
tolls with the least possible expense to the
gistry of each boat registered in bis office,
hich registry shall be copied by the collec
tors to whom it is sent in the registry books belonging to their office. And if the name of any boat be changed, the owner or master thereof shall apprise the collector of whom he may ask a clearance, of (he chatige, and such collector shall forthwith inform each collector
on the canal of such change.
ec. 32. No clearance shall be Granted to !
any boat, by any collector, unless the r.ame of such boat, and the name of the owner, with the place where such boat is owned, be found in the registry book of such collector.
oec. M. Any owner or master of a boat., who shall change -the name of his boat, with
out the written consent of the collector, cr who shall enter or report such boat, at any collector's office, by a different name from
that of the collector's books of registry, shall, for every such offence, forfeit and pay to the
state the sum of twenty-five dollars, to be recovered before any court having competent
jurisdiction, by an act of debt.
oec. J4. No boat shall receive a clearance, or be permitted to pats on the canals, unless the proper name of the boat be painted on it in some conspicuous place, in letters of at
Lleast four inches in height.
oec. 3d. Clearances for everv voyage shall
be required of, and issued by, the collector,
whose office shall be nearest the place in the
direction in which the boat is proceeding,
wnere the voyage u commenced.
Sec. 36. Lvery master of a boat shall be
required to exhibit his clearance to any vol
lector,engineer, supcrintendant, or lock tender, whenevci they demand it, and no boat
shall be permitted to pass on the canal with
out such clearance, signed by the collector.
Sec. 37. Every master of a boat, or other
float, navigating either of the canals, who shall
omit to exhibit or deliver a true bill of
the boat or float last mentioned shall have 'state; and the said board are hereby fully au
passed by. Ithorized to adopt such rules and regulations
bee. liK hen any boat or other float, in for the government of the collectors, in per
pasting on either of the canals, shall meet anylformanceof their duties, as may be necessary
other float, passing in an opposite direction, it to carry out the object herein contemplated; shall be the duty of the master of each, to turn and , the board shall allow to each collector
to the right hand, so as to be wholly on the such annual salaiy for their services as they right side of the centre of the canal; and the niay deem reasonable in each case, with referhorses or other moving powers of the boat, enre to the portion of his timei equired for the
which in turning to the rich t as aforesaid, performance of the duties.
shall turn from the to wine path shall be stop-1 Sec. 28. The collectors of tolls previous to
ped, so as to allow the moving power of the! entering upon their duties, shall each enter other, and the float itself to pass freely over into bonds to the state oflndiana, in such sums
the towing rope of the float so turned from respectively as the board of internal improvethe towing path. I ment may require, and with such securities as
Sc. 16. Any float moving on either of the they may approve, for the faithful accounting canals, which shall have arrived within one for alt monies belonging to the state that may hundred yards of anr lock, in which the water come into their hands, either as tolls, water
is on the same level with such float, shall be rents, fines or otherwise..
permitted to pass such lock, before any float! Sec. 29. Collectors shall be apppointcd for
not on the same level. i the term oi three years, ana snail oe sonjeci
Sec. 17. No person shall at'enrnt to pass to removal by the acting Commissioner on the
any float into any lock, orout of any lock, un- line, at any time for malfeasance in office, or
til the mam eatesat the head or foot of said wr neglect oiuuty; ana in case oi sucn remo-
I . . . a a
lock, as the case may be, between which val, the acting commissioner naii nave power
rates each float shall be about to nass. shall to appoint a successor lor the time being, who
first be entirely opened into their respective shall hold his office until the next meeting of recesses, nor until all paddle and culvert gates the board, unless, removed under the prov'isofsueh lock shall be closed. ions herein contained.
Sec. 18. Neither of the main erales at the Sec. 30. It shall be the duty of each collec-
head or at the foot of any lock, shall be clesed tor of tolls on the canals, carefully to inspect
or allowed to close of their own accord, while the cargo of every boat or other float applying
either of the naddle or rulvsrt nie. nt the lor a clearance, and to ascertain the weight in
- I ll:llf
opposite end of said lock shall remain open, amounioi tne cargo, Dy examining me oius oi
Sec. 19. When any float shall pass out of lading or otherwise; and also to ascertain the any lock, the mam gates of such lock, through number of passengers;and after receiving the or hplrpn trhirh turli final chall hrvp n.iril (he nmounfol tolls due the state, on such car-
. V. I it . i ti r . l f
nul.thall ho ontirol nnr.n n,l rAmn l V PO. the COUCClOr Eliail lUmiSIl llie master oi
within thir resneeliva rereads: and all the SUCh noal wun n clearance, auu iibiiim .;
paddle and culvert gates of such lock, shall be duty of each collector to examine the cargo left closed: Provided Aosevrr, that where the and the clearance, as may be practicable, of i . a a a 1 a it.
acting commissioner, engineer, or superinten- every boat passing nis omce, to see iu u.c
(.nt h.ifinff rKfim nf I na nflho ranol llUlll reOUireQ OT IMC nC9 nwuiinren -
in whichsuch is situated, shall direct any pad- been paid the state, and to be vigilant in ob-
die, colvert or other gate to be left open for serving wen ano ciuu.v... .,.., -e
. . .r ...- i.MH.h ih n iioni in re parti iq mc iutikiiiivu v -
same, such direction shall be complied with tection of the canal,and the collection of tolls, a -t.... j v. n i. l. i " ... B nur fmm time to time be established oy
KUUWWJCU V Mil UIB IUO W & KrVVIH lf. I r , a I I - I. . f i I l... J r Int.rn a 1
tersol floats, boatmen, and all oilier persons law; or oy ineoro(rin v.
cooceroed in navigating such canal. I improvement. -
. r . a... l . I u ..i.i nv either of the canals. Shan
see Oi say boh w uwi acpmcniDs or bp " - - - - r.ui l u.!TLl. a - i.ir Im.. in and i'l.vrr to one cf the col
inS.Na.r,w ... M rT" VS..- i,s K-i.Lsd a certificate
M percuss to ran t'szsi, or nr:e toe sieaa i - - F. ... i b.ii.l. I a nwirv. fABtainlni! the name of the owner
lv or netiMitlr I ot ownors with hia place of abode, together ly or y'Cftly. r f r .
laeir Mta culvert rale, or sso- wn i - . 7. ,
canal of this state, has authoritv n in. An u
shall be the.duty of the master thereof to exhibit his clearance or permit, to anr snn9;n.
dent, lock-tender, r other agent of the state, when required to do so; and if such clearance or permit shall not be exhibited, such superintendent, lock-tender or other afrentoftha
state, shall stop such boat from proceeding further on the canal, until the requisite authoiity be procured.
bee. 48. kncli collector of lolls shall keep regular account ef the weight or quantity f any and all articles cleared from his office.
or passing on the canal, together with the
ions reccivea tiiercon; and shall furnish the board of internal improvement and auditor of state, quarter annual abstracts of such ac
counts from his books, and at the same time
pay over the amount of money received for loll, to the fund commissioners.
Sec. 49. All boats, floats, or other proper
ty belonging to the United Slates. shaJl be
permitted to be transported free of toll, on so much of the Wabash and Erie Canal as lies between the east line of the state, and the Western termination of th grant of land made by the United States, in aid of said canal as said point of termination may be finally agreed upon, and established between the United Stetcs and the State of Indiana: Pra rtcfeo'.satisfsclory proof be furnished the proper collector, that the same is honafidt the property of the United States; but all such boats, floats, or other property, shall be reported, cleared, and in all respects subject to the rules, regulations, forfeiture?, and liabilities imposed by the laws of this slate in respect to olhrr property. Sec. 50. That for all damages done to any cnnal,and for all penalties and forfeitures imposed by this act, other than for offences, punishable by presentment or indictment, any acting commissioner, encinfer. superinten-
lading to any collcctor,or to pay the tolls there. de.nt or co,,cctr authorised to bring on when requircd,or slmll deliver any articles "t,bJ ction odebt, against the offender or mentioned in bill of lading, at a place be- nBdfin the n"me f the state of Indiana, yond that to which such article shall have been tf?re. an coart competent jurisdiction; clcaredjshnll forfeit and pay to the state a sum "',d the "mount recovered ever and above not less than ten.nor more than one hundred lhe wPere of ujt.thall be paid to the near, dollars, recoverable by an action of debt be- est collector of tolls, which shall be, by him, fore anv court of comoetent iuri.dictinn. Pa,d er 10 thc fund commissioners, for the
Sec. 38. Every person w ho shall sien or benefit of the internal improvement fund,
deliver to any collector, a false bill of ladine.
shall pay on all property omitted in such false I The Mantac Mothbr. -A gentleman and
bill, treble the established rates of toll, charge-1 ,aa7 accompanied by their daughter five or
able thereon, to any collector who shall be J jears old, went to visit the lunatic hospisatisfied of e ich omission, for the whole dis-1 ,aU J fate European jonrnal, and when
tance such property is conveyed on the canal, passing ooe of the cells, the wreched inmate, recoverable by action of debt, in the name of n interesting young woman of twenty-five, the state, before anv court having competent that had entirely lst her reason through the
jurtsOiclion. laeserucn oi a scaucer,and tne eeath of her U Sec. 39. Every person who shall knowingly I gitimnte offspring, made a spring at the little sign or deliver a false bill of lading, shalLup-lgirl wll bad come within her reach. The
on conviction tnereoi, oy presentment or in-jFw viemurc, m uic nngni oi aennam, iandictment, before any court of competent juris- eed the strangers child her own long lostdar- .... . .i . - - 1 1: t j i . i i i
diction, pay a sum not less man one hundred, ,l"K anu ucrounng u wun Kisses, sne Dore it
nor more than bve hundred dollars. . n tnumpn to tne lurtner end of her celt-
Sec. 40. Every collector receiving a bill of Every effort was tried to make her re-
lading may require the master exhibiting it, jtore the child to its terrified mother; but to verify it by his oath, which oath such col-1 (be entreaties and menaces proved alike
lector is authorised to administer. i unavailing, ine director of. the estab-
Scc. 41. Each boat navigating the canals hsbment was sent for; and the maniac at his
shatl have a separate clearance, and no part I euggestion was allowed to ."etain peaceable of the cargo of any boat shall be cleared to a possession of her prize, in the hope that ex-
place bejrond that to wlucb the boat is clear naustea oy ner own violence, sne would ian ed. I asleep, when the thild might be liberated
Sec. 43. The tonnage of all articles trans- rron her grasp, without the necessity of harsh
ported on either of the canals, on which tolls means. This expedient was successful; for may be charged by the ton, shall be ascer- few minutes the sufferer's eyes were closed
tained and charged according to the real in siumuer, ana one nine Keepers waicnea weight of such articles reckoning twotbou- the opportunity, and snatched the child from sand pounds net to make a ton. her arms. The shriek of delight ottered by Sec. 4X The master of everv boat or float ,he motheron recovering her treasure, waked shall be liable for the payment of tolls and the poor maniac, aod on perceiving the child expenses, chargable on such boat or float and goe,she actually howled with despair, and its cargo; and it shall be the duty of every " paroxysm of frenzy, fell to rise no more, collector, to detain all articles on which tolls Dth had released her from her sufferiogs. or expenses are chargable, and the boat or . . . .r T . float containing them, until such tolls and "He crop in rir6nmo.--We regret to
hall be DAld v iicaro iu iuc aciii a ij is iwuiiuitiiitf
Sec. 44. Every master ofa boat, shall make sad depredations on the growing Wheat of
out and certify a correct list, for every voyage. irgima. I he Kichmond u hig oi yesterof all passengers over twelve years of age, y Accounts from Goochland, Pow-
which are transported on board ot such boat, UUIUC""U " for any distance during such voyage, stating ha, represent the prospects for a Wheat
therein the name of each passenger, and the -ropMiiuij,.u.7. . . j distance such passenger is transported, and 3 '"ined by the fly.and all seriously injured, deliver said list to the collector to whom the What may be the extent of the ravage of the clearance of the bat for such voyage is to be "J f d h-g other sections, we are not adHHrpre.l vitei. The probability is, that they era
Sec. 45. Each collector is authorised, when eqJ oestruciif etnrougnoui ine
thc business on the intermediate portion of I 7 T 7 'l wc B'.T' .""l
the canal, be'.wcen his office and the next of- irosntne ratrot oi tne same oases - fice in either direction, shall, in his opinion, Tk Crop ..--The H.rrlsburg thronido require it in order to prevent frauds upon the of Wednesday state, that, hus far, the winter 1 - r. .. rmna hri a mntt nrnminnlf BDOearanCB IO
revenue, to issue ana sign a permit to tne m- ;-r- ; - - - - r p i ,r ter of any float, to make n voyage or voyages, that neigeborhood, WJL on such intermediate portion of the canal, opinion that Jhe gram , fields -never looked
with such regulations as will secure the pay- ociier. w egua. o. ... am. ... ment of the proper tolls; which permit shall dared to be in. state of fin. fo Jrdness? end answer the purpose of a clearance, and shall 'he fruit the blooming could not be finer, authorise Ihf boat or float, in whose favor it The editor of that paper says: ikm l
Ken several J iuci imv ic uuuuj wnuw v week, and the appearance of the whole. country is delightful: the green luxuriant herbage which covered tho-fields. the half crown for
Hage of the fruit and forest trees, together.
a snot
n
(70 cTe saw r a t a 4 . mm..Ji
uiCa l. riA uvK mi cuiff ri nice or pmi-i .
dl. s.h.H be cloVd, nor be permittea bv place wherel,
any person using the lock to close .tseit sritn registry . ih MtA th canal shall be obtained.
such violence as to injure or be liable to in- uook Kept rrjL'eL fC,. at. That forthe ouroose of ascertain
is eiven,to navigate such intermediate portion
of the canal: Provided, such permit shall not extend to, nor within two miles of any collector's office. " v" Sec. 43. That in any case where n boat or
other float
the cana tn let da.
intendeot.lock.tnder, or pother. gent flIlSt
state, belonging to wo capah on T -r SZJta rWtotaoi
tied thereof, to stop ano oeiam socn noat orn ' -
float, until such legal author J to ..WrSlVa-l
the stoanvboat captain, wtea UU-?
Jet .hali attemp't to navigate either of with their -full bloom "ISiX als,withoat being legally authorised MP"k,e W "J fnV9 "T, L is JhnU hm tha dutv of everv suner- The Wettmioister Carrolltoniasi Cf tt. U. b i '"r: mmin, a-v.r Thai avowing CtCf eXC
The growing creysare exces-
ntyr la tsatuwy
! .
4
i9w to Use level cf sis ipenoe i
bj f) svw smj ywi sfoswwH w i , vl