Section 6That any individual may build a bridge across the said canal. Provided, the Centre span of such bridge shall conform to the following specifications to wit; the underside of the bridge timbers shall be at least ten feet above the top water line of the canal, when the water is at its greatest height, and the string pieces shall be twelve inches deep at the ends, and twenty inches deep in the Centre, to prevent them from swagging down towards the canal. The tressell or abutment which stands in the canal shall be so placed as to leave thirty-one feet clear width for the passage of boats between said tressell or abutment and the towing-path of the canal, measuring at the level of four feet above the bottom of canal. The tressell or abutment, which stands on the towing-path, shall be so placed as to have six feet clear space between said tressell or abutmnt, and the edge of the water when the canal is full, for a towing-path; which towing-path shall be excavated down to the level six inches above top water line, so as to allow the horse and driver to pass under the bridge; and from the end of said tressell or abutment, the towing-path shall be sloped at the rate of one to six, to the height of the adjoining tow path, and to prevent the towing-path from being undermined and rendered impassable by the action of the water, a wharf shall be constructed in front, fomed of two sticks of timber forty feet long, secured by square ties; the measurements and levelling herein required, to be made by the Engineer having charge of the line, who shall attend to this duty wherever requested so to do by any individual; and if any person shall commence the construction of any bridge which does not conform in every respect to the specifications herein given, such person shall, upon conviction thereof, before any court having competent jurisdiction, forfeit and pay to the Board of Trustees, the sum of fifty dollars.

Section 7That no boat or float, unless it have a firm and permanent bow, at least as sharp or acute as a semicircle, shall navigate or f loat on the canal; and every time any boat or other f loat without such bow, shall move one mile, or any greater distance, along said canal, shall be considered a distinct offense.

Section 8That it shall not be lawful for any boat, having any spike, bolt, nail, hook, or any plank, board or pin projecting from the side, end or bottom thereof , in such mamer as to be liable to injure any other boat or towing-line thereof, or any work or mechnical structure belonging to the canal, to navigate the same.


Section   9That every boat running upon said canal, shall have a guard or plate of iron, or some other permanent device, firmly attached, so as to cover and secure the opening between the keel or stern-post and the rudder, thereby effectually preventing the tow-line of any other boat from entering said opening.

Section 10 That no boat shall be permitted to navigate the said canal, without a good and sufficient bow line, which shall be approved of by the Engineer or Superintendent.

Section 11 That it shall not be lawful for any 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 the said canal.

Section 12 No float shall move on the canal with a velocity exceeding four miles per hour.

Section 13 When a boat or other float shall be overtaken by another boat, it shall be the duty of the Master or manager of the former, to turn from the towing-path and afford the latter every possible fasility for passing, and to stop, if it should become necessary, until the boat or float last mentioned shall have passed by.

Section 14 When any boat or other float, in passing on the canal, shall meet any other float, passing in an opposite direction, it shall be the duty of the master of each to turn to the right hand, so as to be wholly on the right side of the center of the canal; and the horses or other moving powers of the boat which in turning to the right as aforesaid, shall 'turn from the towing-path, shall be stopped so as to allow the moving power of the other, and the float itself, to pass freely over the towing rope of the float so turned from the towing path

Section 15Any float moving on the canal, which shall have arrived within one hundred yards of any lock, in which the water is on the same level with such float, shall be permitted to pass such lock, before any float not on the same level.

Section 16No person shall attempt to pass any float into any lock, or out of any lock, until the main gates or foot of said lock, as the case may be, between which gates such float shall be about to pass, shall first be entirely opened into their respective recesses, nor until all paddle and culvert gates of such lock shall be closed.

Section 17Neither the main gates at the head or at the foot of any lock, shall- be closed, or allowed to close of their own accord, while either of the paddle or culvert gates at the opposite end of said locks shall remain open.

Section 18When any float shall pass out of any lock, the main-gates of such lock, through or between which such float shall have passed out, shall be entirely open and completely within their several recesses, and all the paddle and culvert gates of such lock shall be left closed. Provided however, that where the Board of Trustees, the Engineer or Superintendent having charge of that part of the canal, in which the lock is situated, shall direct any paddle, culvert or other gate to be left open for the purpose of passing water through the same, such direction shall be complied with and obeyed by all the lock-keepers, masters of floats, boatmen and all other persons concerned in navigating such canal.

Section 19That in no case shall the stern or bow of any boat or float, approaching or being about to enter, or having entered any lock, be permitted to run against, or strike the head walls of either of the gates of such lock willfully or negligently.

Section 20No lock-gate, culvert gate or paddlegate, shall be closed, nor be permitted by any person using the lock to close itself with such violence as to injure, or be liable to injure itself.

Section 21Every master or owner of any boat or other float, or any other person having charge of such float, who shall violate either of the provisions contained in the fourteen sections next preceding this section, or who shall permit any boatman or other person assisting in the navigation or management of such float, to violate either of the said sections, or any of the provisions thereof, shall forfeit and pay a sum not less than five nor more than twenty dollars.

Section 22Every penalty and forfeiture by this act, for which any master, owner, boatman or other person may be liable, and which herein recoverable by action of debt in the name of the Board of Trustees of the Wabash and Erie Canal, shall be chargeable on such boat or float, and when any suit shall be instituted for any such forfeiture, the officer issuing such process way cause such boat or float, together with the horses and furniture belonging thereto, to be attached and detained.

Section 23Any person who shall willfully throw into the canal any saw log, or other  thing which may obstruct the navigation, shall, on the conviction thereof, forfeit the sum of ten dollars. And it shall be the duty of every Engineer, Collector, Superintendent or Agent employed on the canal, to seize all logs, fire or other thing, which may be found floating loosely, and all rafts which may be found in the canal, and to hold them to satisfy the penalty for the aforesaid offence.

Section 24If any person in navigating, or assisting in the management of any boat or other float, on the canal, shall either through design or negligence, in the navigation thereof, injure any lock, lock-gate, waste-gate, guard-gate, aqueduct, bridge or other mechanical structure, he shall forfeit 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.

Section 25It shall be the duty of each Collector of tolls on the canal, carefully to inspect the cargo of every boat or other float applying for a clearance, and to ascertain the weight in amount of cargo, by examining the bills of lading, or otherwise, and also to ascertain the number of passengers; and after receiving the amount of tolls due on such cargo, the Collector shall furnish the master of such float with a clearance; and it shall be the duty of each Collector to examine the cargo and the clearance, as may be practicable, of every boat passing his office, to see that the tolls required by the rates established have been paid, and to be vigilant in observing well and enforcing such rules and regulations in regard to the navigation and protection of the canal, and the collection of tolls, as may from time to time be established by the Board of Trustees.

Section 26The owner or owners of any boat navigating the canal, shall make out, sign and deliver to the Collector, of whom the first clearance of such boat shall be demanded a certificate, to be entitled a "certificate of registry", containing the name of the owner, or owners, with his or their place of abode, together with the name of the boat, and the town or place where it is owned, which certificate of registry shall be recorded by the Collector in a book kept for that purpose; and said Collector shall also furnish to each of the other Collectors on said canal, a copy of the registry of each boat registered in his office, which registry shall be copied by the Collectors to whom it is sent, in the registry books belonging to their office; and the Collector shall also at the same time transmit to the off ice of the Board of Trustees, a copy of the said registry. And if the name of any boat be changed, the owner or master thereof shall apprise the Collector of whom he may first ask a clearance, of the change, and such Collector shall forthwith inform each Collector on the canal of such change, and shall also report the same immediately to the office of the Board of Trustees.

Section 27No clearance shall be granted to any boat, by any Collector, unless the name 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.

Section 28Any owner or master of a boat, who shall change the name of his boat, without the written consent of the Collector, or who shall enter or report such boat, at any Collectors office by a different name from that of the Collector's books of registry, shall for every such offense, forfeit and pay to the Board of Trustees the sum of twenty-five dollars.

Section 29No boat shall receive a clearance, or be permitted to pass on the canal, unless the proper name of the boat be painted on it in some conspicuous place, in letters of at least four inches in height.

Section 30Clearances for every voyage shall be required of and issued by the Collector, whose office shall be nearest the place in the direction of which the boat is proceeding: Provided, that there there is a Collector's office at the place at which the boat is loading, a clearance shall always be obtained at such office.

Section 31Every master of a boat shall be required to exhibit' his clearance to any Collector, Engineer, Superintendent or lock.-tender, whenever they demand it, and no boat shall be permitted to pass on the canal without such clearance, signed by the Collector.

Section 32Every master of a boat or other float, navigating the canal, who shall omit to exhibit or deliver a true bill of lading to any Collector, or to pay the toll thereon when required, or shall deliver any article mentioned in a bill of lading at a place beyond that to which such article shall have been cleared, shall forfeit and pay to the Board of Trustees a sum not less than ten or more than one hundred dollars.

Section  33Every person who shall sign or deliver to any Collector, a false bill of lading, shall pay, on all property omitted in such false bill, treble the established rates of toll, chargeable thereon, to any Collector who shall be satisfied of such omission, for the whole distance such property is conveyed on the canal.

Section  34Every person who shall knowingly sign or deliver a false bill of lading, shall, upon conviction thereof, before any court of competent jurisdiction, pay a sum not less than one hundred, nor more than five hundred dollars.

Section 35Every Collector receiving a bill of lading, may require the master exhibiting it, to verify it by his oath, which oath such Collector is authorized to administer.

Section 36Each boat navigating the canal shall have a separate clearance, and no part of the cargo of any boat shall be cleared to a place beyond that to which the boat is cleared.

Section  37The tonnage of all articles transported on the canal, on which toll may be charged by the ton, shall be ascertained and charged according to the real weight of such articles, reckoning two thousand pounds to make a ton.

Section 38The master of every boat or float shall be liable for the payment of tolls and expenses, chargeable on such boat or float, ant its cargo; and it shall be the duty of every Collector to detail all articles on which tolls or expenses are chargeable, and the boat or float containing them, until such tolls and expenses shall be paid.

Section 39Every master of every boat shall make out and certify a correct list, for every voyage, of all passengers over eight years 0of age, which are transported on board of such boat, for any distance during such voyage, stating therein the name of each passenger, and the distance such passenger is transported, and deliver said list to the Collector to whom the clearance of the boat for such voyage is to be delivered; and the same shall be verified by the oath of the master, if required by the Collector.

Section 40Each Collector is authorized when the business on the intermediate portion of the canal between his office and the next office in either direction, shall in his opinion require it, in order to prevent frauds upon the revenue, to issue and sign a permit to the master of any float, to make a voyage or voyages, on such intermediate portion of the canal, with such regulations as will secure the payment of proper tolls, which permit shall answer the purpose of a clearance, and shall authorize the boat or float, in whose favor it is given, to navigate such intermediate portion of the canal: Provided, such permit shall not extend to, nor within two miles of any Collector's office and the master of the boat shall from time to time report to the Collector granting the permit, as he shall prescribe in the permit, the property or persons transported by him on his boat, and account for and pay the tolls according to law.

Section 41That in any case where a boat or other float shall attempt to navigate the canal without being legally authorized to do so, it shall be the duty of every Superintendent, lock-tender or other agent of the Board, belonging to the canal, on being notified thereof, to stop and detain such boat or float, until such legal authority to navigate the canal shall be obtained.

Section 42That for the purpose of ascertaining whether any boat is navigating the canal, without being legally authorized to do so, it shall be the duty of the master thereof to exhibit his clearance to any Superintendent, lock-tender, or other agent of the Board, when required to do so; and if such clearance or permit shall not be exhibited, such Superintendent, lock-tender, or other agent of the Board, shall stop such boat from proceeding further on the canal until the requisite authority be procured.

Section 43Each Collector of tolls shall keep a regular account of the weight or quantity of any or all articles cleared from his office, or passing on the canal, together with the tolls received thereon, and shall transmit to the office of the Board of Trustees monthly abstracts of such accounts from his books.

Section 44All boats, floats or other property belonging to the United States, shall be permitted to be transported free of toll, on the Wabash and Erie Canal. Provided, satisfactory proof be furnished the proper Collector, that the same is bona fide the property of the United States; but all such boats, floats, or other property, shall be reported, cleared, and in all other respects subject to the rules and regulations, forfeitures and liabilities imposed by the Board of Trustees, in respect to other boats, floats or property passing on the canal.

Section 45That all damages done to the canal, and all penalties and forfeitures imposed by the Board of Trustees, other than for offenses punishable by presentment or indictment, any Superintendent, or Collector of tolls, is authorized to bring suit, by actions of debt, against the offender or offenders, in the name of "the Board of Trustees of the Wabash and Erie Canal" before any court of competent jurisdiction, and the amount recovered over and above the expense of suit, shall be paid to the nearest Collector of tolls, which shall be by him, paid over in the same manner as the moneys collected from tolls.

Section 46That no person shall under any pretence or authority whatever, except with permission in writing from the Board of Trustees, or Chief Engineer or general Superintendent, dig or construct, or cause to be dug or constructed, any drain, or remove or deposit, or cause to be removed or deposited, earth, sand, or gravel or other material so that the effect of such drain or the removal of such earth, sand, gravel or other material so that the effect of such drain or removal of such earth, sand, gravel or other material, as aforesaid, will be to cause earth, sand, gravel or other material, to be washed into the canal, the the injury of same.

Section 47No person shall put or cause to be put any dead animal into the canal.

Section 52If there be no Collector at said place, the master shall deliver the clearance to the last Collector whose office shall be passed by the boat, in the order of the voyage, and shall receive a permit from such Collector to proceed to the place to which the boat or float is cleared.

Section 53Every master who shall omit to deliver a clearance to the Collector to whom the sum ought to be delivered, shall forfeit the sum of twenty-five dollars.

Section 54Whenever a difference shall arise between the Collector and the master of any boat, or float, as to the amount of tolls chargeable on the landing of such boat or float, the Collector shall detain the boat or float, and the articles on which toll is to be charged, and shall weigh, count or measure the articles, as the case may require: and it shall e ascertained that the weight, number of feet, exceeds the amount stated in the bill of lading thereof, the Collector shall charge the toll according to the weight, number of feet thus found, and the master shall pay the Collector the expense of such weighing, counting or measuring, and such expense shall be chargeable on such articles, and on the boat or float containing them.

Section 55The master of every boat or float shall be liable for the payment of tolls and the expenses chargeable on such boat or float and its cargo; and it shall be the duty of every Collector to detain all articles on which tolls and expenses are chargeable, and the boat or float containing them until such tolls and expenses shall be paid.

Section 56No boat or other float shall lie in a lock, nor in any other part of the canal in such a position as to prevent the free passage of any other boat or float, which could navigate or pass on the canal.

Section 57In all cases where the water be partially drawn-off from any part of the canal in consequence of a breach, or for the purpose of making repairs, or from any other cause, so as to prevent the passage of heavily laden boats thereon, every boat or other float, detained or prevented from proceeding on its voyage thereby, shall be moored and placed as not to prevent the passage of boats or floats requiring less depth of water, and if any boat or float, so detained or prevented from proceeding in consequence of the want of sufficient water, shall either by design or accident, or inadvertence, be so moored or placed, as to prevent the passage of other boats, the master or other person having, for the time being, the care of the boat or float so moored or placed, on the application of the master of any other boat or float, whose passage is obstructed thereby, shall immediately cause the boat or float, occasioning such obstruction, to be moved if practicable, so as to permit the free passage of other boats or floats.

Section 58 The master of any boat or float who shall violate any of the provisions of the two preceding orders, shall, for every such violation, forfeit and pay the sun of ten dollars.

Section 59 Any boat employed principally in the transportation of passengers, and paying tolls as such after having arrived within two hundred yards of any lock, shall have the privilege of passing through such lock in preference to any boat employed principally in the transportation of property other than passengers and paying toll as such, not having actually entered such lock, at the time when such passage boat shall have arrived within two hundred yards of such lock:  Provided, nevertheless, that any boat employed principally in the transportation of property, passing on the canal in an opposite direction from such passage boat, if within two hundred yards of any lock which is at the same time ready to receive such freight boat, shall have the privilege of entering and passing through such lock so being ready, in preference to such passage boat.

Section 60No boat or other float strapped or faced with iron on the front part of the stem, or other most prominent part of the bow thereof, so as to be liable to strike with such iron facing against any part of any lock, lock-gate, guard-gate, bridge or other work or device appertaining to the canal shall be permitted to navigate or be moved on the canal, unless these shall be suspended and thoroughly secured in front of the stem, or other most prominent part of the bow of such boat or float, in such manner as effectually to prevent the iron facing or strap thereof from striking upon or against any lock, lock-gate, guard gate, bridge or other work or device appertaining to the canal, a good and sufficient fender composed of rope or rope-yarn, at least six inches in diameter.

Section 61The master of any boat or float, which shall be found navigating or moving in the canal, in contravention of the preceding order, shall forfeit and pay the sum of five dollars for such offense; and each mile that the boat or float shall be moved in contravention of the provisions thereof, shall be considered a new offense.

Section 62No clearance shall be granted to any boat or float which shall not at the time of applying for such clearance, be provided with such fender in cases where the same shall be required by the preceding order; and it shall be the duty of every Collector of Tolls, Inspector, Lock-Tender, or Superintendent, to see that the said section be strictly enforced; and for that purpose, each and every boat or float, moving or attempting to move on the canal, until that section be complied with, and all penalties for the violation thereof be fully paid and satisfied.

Section 63No boat or float shall be permitted to navigate the canal having the name of any other boat on the canal.

Section 64No hay, straw, manure or other litter of any kind shall be deposited in any part of the canal, nor on either of the banks thereof.

Section 65The horse and horses of any boat, navigating the canal, shall not pass over a towing-path bridge faster than a walk, or pass into or out of any of any boat or float over or upon the walls or sides of any lock on the canal; and the master of any boat or float, who shall violate this regulation, or permit it to be done by others, shall forfeit and pay the sum of five dollars.

Section 66Every boat passing on the canal, is required at all times during the night, to carry conspicuous lights on the bow of the boat; and every infraction of this order shall subject the master, owner or navigator,to the penalty of five dollars.

Section 67Where the canal is composed, either wholly or in part, of embankment, no fence shall be placed on any part of that embankment. Where the canal is composed either wholly or in part, of excavation, no fence shall be placed within fifteen feet of the front edge of the towing-path, nor within within ten feet of the berm bank: Provided, that here the canal shall be of extra width, the chief or resident Engineer may, at his discretion, permit such deviation from the forgoing regulations as he may deem proper, so far as the construction of fences on the berm side of the canal is concerned.

Section 68The Collectors at Lafayette and Fort Wayne shall deposit, at least once in each week, the amount received for tolls and fines in the Branch bank of the State of Indiana, at their respective places, to the credit of the Board of Trustees and transmit the certificate thereof forthwith to the Board.

Section 69In granting clearances to boats, Collectors will require the weight, number or quantity, as the case may be, of articles composing the cargo, to be correctly ascertained,either by actual weight, counting or measurement, or by calculating the weight of articles contained in barrels, such as flour, pork, salt & c., from the number and ascertained average weight of each barrel, in the usual method; and will not grant clearance on bills of lading which do not exhibit the actual weight, number or quantity, or which exhibit only the supposed weight, number or quantity of the articles of which it is composed.

Section 70Every Collector will require the exhibition of the bills of lading of all the articles composing the cargo of a boat, at the time of her leaving the port at which his office is held - will enter all such articles on the clearance before it shall finally be delivered to the master of the boat, and receive toll thereon.

Section 71Collectors will not enter on a clearance any article or articles of lading to be taken on board the boat after leaving the port where the Collectors office is situated.

Section 72All Collectors, except those located at the termination of the canal, will see that the names of all passengers on board of every boat, at the time of passing his office, or who may have been transported on such boat, previously to its arrival at his office, during the voyage, are entered on the list of passengers attached to the clearance, and shall, in every instance, inquire and demand of the master of the boat whether they are so entered, and if he shall ascertain or suspect that the master has neglected to enter any name on said list which should be entered on said list, he shall detain the clearance until he shall be satisfied that all proper entries are made.

Section 73On the arrival of any boat at any port where there is a Collector's office, either on its way to any place beyond, or at the end of the voyage, the Collector will, in all cases, require the exhibition of the clearance, and all the bills of lading of the cargo on board of such boat, and diligently  compare the clearance with the bill or bills of lading; and, if he shall find any article contained in the bill or bills of lading omitted in the clearance, he will enter the same on the clearance, and receive the toll chargeable thereon; and if he shall find any article entered on the clearance which is not contained in any bill of lading, or erroneously entered on the clearance, he will note such erroneous or improper entry on the margin of the clearance.

Section 74For the purpose of ascertaining whether all the articles, composing the cargoes of boats, are entered upon the bills of lading and clearance of such boats, and whether the names of all passengers are entered on the passage list attached to their clearances, it shall be the duty of the Collectors (and each Collector shall be ex-officio an Inspector) to go on board of every boat on its arrival at the port at which his office is kept, or as soon thereafter as is practicable, in all cases when the boat shall arrive or be in port between sun rise and  usual bedtime, and carefully inspect the same. so far as can be done without the removal of the cargo, and ascertain, as nearly as practicable, whether the cargo agrees with the bills of lading and clearance, and whether the passengers are correctly entered on the list thereof. It shall be the duty of all Collectors to keep up at all times a careful watch and supervision of the amount, character and quantities of all being shipped, received or passing their respective offices. It shall be the duty of every Collector with whom the clearance for any voyage on the canal is required to be deposited, carefully to examine and compare the same with the bill or bills of lading, and with the cargo; to revise the charges and calculations of tolls entered therein; to correct and note thereon all errors which may be discovered, and if he shall find that the amount of tolls received, agreeably to such clearance, falls short of the proper sum, he shall receive and account for the balance, as in other cases of tolls received; and if he shall find that the amount of tolls, actually paid on such clearance, exceeds the correct amount, he shall refund to the master the excess, for which he shall take the master's receipt, and charge the same in the proper account.

Section 75The Collectors of canal tolls shall not be required to issue original clearances for any boat between ten o'clock in the evening and sunrise in the morning, nor keep their offices open for that purpose between those times, and, unless full and complete bills of lading for all cargo on board of a boat or float, at the time of her leaving the port at which a clearance is required to be granted, are presented to the Collector before nine o'clock in the evening, the Collector shall not be required to issue a clearance therefore until the next succeeding day. And no Collector on the canal shall be required to keep open his office, nor to transact any business appertaining to his office, between the hours of nine o'clock A.M. and two P.M. on Sunday nor during the usual hours of divine service on that day.

Section 76No Collector, or other officer of the Board shall be allowed to procure blanks or other printing for their offices, without the written permission of the Resident Trustee.