SECTION 27. Penalty for dealing in lumber not 28. Penalty for defacing, &c., any sur- 31. When reinspection may be re- SECTION 32. Penalties for errors in original sur- 33. Expenses of reinspection, how 34. This chapter not applicable to how and when SECTION 1. There shall be a surveyor of lumber for the city of Surveyor for Providence, who shall be well skilled in the surveying and admeas- Providence, urement of lumber; he shall be elected in the month of February elected; term annually, by the city council of said city, and shall hold his office for of office. one year and until a successor be chosen, unless sooner removed. SEC. 2. Such surveyor shall, before entering upon the duties of To give bond. his office, give bond with two sureties to the city treasurer, in the sum of two thousand dollars, for the faithful discharge of his duties. SEC. 3. Such surveyor shall have power to appoint, subject to the May appoint approval of the city council of said city, such number of deputy sur- deputies. veyors, not less than six, as he may judge sufficient, for whose official conduct he shall be answerable. SEC. 4. Such surveyor shall take bonds from said deputies for the faithful discharge of their duties, in the sum of five hundred dollars each, with surety; and the deputies shall be sworn faithfully to perform the same; and shall be removable by the surveyor, for neglect of duty. SEC. 5. The surveyor shall make return to the city council of the city of Providence, on the first Monday in February annually, of all lumber surveyed by himself or his deputies; specifying the various kinds and qualities, and by whom surveyed, and the amount of all fees received by him and his deputies pursuant to this chapter. And the said city council shall cause said returns to be published in one of the newspapers published in said city. Deputies to give bond, be able for neg sworn, remov lect. Returns of surveyor, when and published. and how made Newport, when and how. SEC. 6. The city council of the city of Newport shall annually, in Surveyors may the month of February, elect one or more surveyors and measurers be elected in of boards, planks, timber, joist, and scantling, removable at the pleasure of said city council, who shall each give bond, with surety, in the sum of one thousand dollars, to the city treasurer, for the faithful discharge of the duties of said office. SEC. 7. Every surveyor and measurer of boards, planks, timber, Subject to projoist, and scantling, appointed by the town council of any town, or visions of this by the city council of the city of Newport, shall be subject to all chapter. the duties, provisions, and penalties contained in this chapter. SEC. 8. Every surveyor and measurer shall keep a true and faith- Surveyors to ful record of all surveys of lumber made by him, together with all keep record. figures made by him in taking an account of the same, and said record shall be open to the inspection of all persons. SEC. 9. All lumber brought by water, or imported, discharged, or delivered in this state, whether on the land or into a boat or vessel, except as hereinafter provided, shall be surveyed and admeasured according to the provisions of this chapter. SEC. 10. In the surveying of soft pine boards there shall be six sorts: The first sort shall be denominated No. 1, and marked I.; and shall Lumber delivered in state to be inspected. Six sorts of soft pine boards. No. 1. No. 2. No. 3. No. 4. No. 5. No. 6. Boards less inch than thick, how surveyed. Planks and joists, how. Southern hard pine, &c., two sorts; merchantable; refuse. Hard wood boards, &c., two sorts; merchantable. refuse. Deputies to survey orna &c. include boards free from sap, rot, knots, shakes, and splits, not less than one inch thick, square-edged, and shall contain not less than sixteen feet in quantity. The second sort shall be denominated No. 2, and marked II.; such lumber shall not have over one inch sap on the edges, and shall be free from shakes, rot, and knots, square-edged, and not less than seven eighths of an inch thick. The third sort shall be denominated No. 3, and marked III. Lumber of this sort shall be free from rot and shakes, and nearly free from sap and knots. The fourth sort shall be denominated No. 4, and marked IIII. Lumber of this sort shall be free from rot, shakes, and large knots, suitable for cheap finish and dressing lumber. The fifth sort shall be denominated No. 5, and marked V. Lumber of this sort shall be square-edged, free from rot and shakes, and suitable for barn and box boards. The sixth sort shall be denominated No. 6, and marked X. Such lumber is not required to be square-edged, and may have rot, shakes, knots, and sap. SEC. 11. All boards less than three fourths of an inch thick, shall be surveyed and measured in the same manner, as to quality, quantity, and numbers, as though they were of the thickness of one inch. SEC. 12. All planks and joists shall be surveyed as to quality and numbers, the same as boards, and their contents measured and marked in board measure. SEC. 13. In the survey of Southern hard pine, spruce, hemlock, and juniper boards, plank, and sawed and hewed timber, there shall be two sorts: the first sort shall be denominated "merchantable,” and shall include all boards, plank, joist, and timber that are sound and square-edged and well sawed; the second sort shall be denominated "refuse," and shall include all other descriptions, with due allowance for rot. SEC. 14. In the survey of ash, maple, and other hard wood boards, planks, joists, and timber, there shall be two sorts: the first sort shall be denominated "merchantable," and shall include all boards, plank, joists, and timber that are sound and free from bad knots, and free from shakes and rot; the second sort shall be denominated" refuse," and shall include all other descriptions, with due allowance for rot. SEC. 15. The surveyer of lumber for any city may appoint one or more deputy surveyors, whose duty it shall be to survey mahogany, mental boards, cedar, and cherry-tree boards, plank, joist, and timber, and other ornamental or hard woods lumber, and ship timber, and such deputy shall give bond with surety, as is required in the fourth section of this chapter. Mahogany and cedar timber, how surveyed. SEC. 16. In the survey and admeasurement of mahogany and cedar timber, there shall be allowed, if the same is sound and free from wane, two inches on one side of the square, and one inch on the other side, and two inches in length; and when the timber is wider on the one side than on the other, the two inches shall be taken from the narrow side; if wany, two inches on each side of the square; and for rot and shakes there shall be such allowance made as the surveyor may deem expedient, not exceeding one half. All such timber that is worm-eaten, much rotten, badly shaked, or very wany, shall be denominated "refuse," and due allowance shall be made for rot. SEC. 17. In the survey and admeasurement of mahogany, cedar, Ornamental and cherry-tree boards, planks, and joist, and other ornamental wood wood and lumber; and lumber, such as are sound and free from bad knots and shakes shall be denominated "merchantable"; all others shall be denomi- merchantable; nated "refuse," and due allowance shall be made for rot and shakes. refuse. to be marked. SEC. 18. In the survey of all boards, plank, joists, and timber, How contents the contents of the same in board measure shall be truly marked of boards, &c., thereon in plain and durable numbers, and all other marks, if not correct, shall be erased; and in marking the contents of any lumber, the board measure marks commonly used in marking boards shall be used, and no other. SEC. 19. The merchantable lumber shall be marked thus, A; and Marks for merthe refuse lumber shall be marked д, and shall be plainly and dura- chantable and bly marked on each piece; deduction shall be made for splits, not exceeding in any case one half the extent of the split. SEC. 20. All boards, plank, joist, and timber shall be received and sold according to the contents thereof, as fixed and marked under the provisions aforesaid. SEC. 21. There shall be paid for the survey of all lumber excepting hard woods, twenty-five cents per thousand feet board measure; for mahogany, cedar, cherry-tree timber, boards, plank, and joists, fifty cents per thousand feet board measure; for oak and other hard woods for ship-building, twenty-five cents per ton; for ash, maple, birch, and other hard wood, forty cents per thousand feet board measure, to be paid by the purchaser, and in case the purchaser shall require that a person should be employed to keep tally of the lumber, an additional fee of five cents per thousand feet shall be paid for said service. All piece and dressed lumber shall not be surveyed, unless requested by the purchaser. refuse. Boards, &c., how sold. Fees for surveying lumber. SEC. 22. There shall be paid to the surveyor, of the fees aforesaid, Fees of surfor his own use, three cents on every thousand feet of pine, spruce, veyor. hemlock, and juniper boards, plank, joist, and sawed timber; four cents on every ton of oak and other ship timber; six cents on every thousand feet, board measure, of mahogany, cedar, and other ornamental lumber, ash, maple, birch, and other hard wood. SEC. 23. No lumber shall be surveyed on board of a vessel, when No survey on the same can be conveniently landed for the inspection of the sur- vessel, when, veyors. SEC. 24. No person within this state shall sell, purchase, or take the delivery of, whether purchased without the state or within it, or for their own personal use or otherwise, any boards, plank, joist, or timber, brought into said state, unless the same shall be surveyed, marked, and numbered, conformably to the provisions of this chapter, except such as are intended to be exported beyond sea, and are shipped for the purpose of such exportation within one year after the same have been sold and delivered to the person first purchasing, or receiving the same, in said state. &c. Dealing in lumber not suryeyed, prohibited, except for export, &c. SEC. 25. Every person importing or purchasing lumber for his Exception of own private use and benefit, upon giving a certificate to that effect to person importthe surveyor, shall not be required to have the same surveyed and ing for his own measured as aforesaid; but should he dispose of it in any other manner than is provided in this section, he shall be liable to the same pen alties as though said certificate had not been given. use. SEC. 26. Every person purchasing lumber without the state, and of person transshipping the same through this state to any other state, shall transshipping not be required to have the same surveyed and measured. lumber. ber not sur veyed; Penalty for SEC. 27. If any person shall sell, purchase, deliver, or take the dealing in lum- delivery of, any boards, plank, joist, or timber, in violation of any of the provisions of this chapter, he shall forfeit for all boards, plank, joist, and timber so sold, purchased, or delivered, one dollar per thousand feet, board measure, and the same for any less amount; one half thereof to the use of the state, and the other half to the use of the how recovered; surveyor of the town or city in which the same shall be taken or delivered, who shall prosecute for all violations of this chapter that shall come to his knowledge. Penalty for defacing, &c., surveyor's marks. Penalty for fraud in sur veying. Penalty for ties. SEC. 28. If any person shall wilfully cross, alter, or deface any mark affixed to any lumber, by any deputy surveyor, he shall forfeit not less than fifty dollars, to be recovered by the surveyor, and to enure as provided in the next preceding section. SEC. 29. If any person appointed to office under this chapter, or his deputy, shall connive at any fraud or deception in surveying, marking, or numbering the contents of any boards, plank, joist, or timber, he shall forfeit for each offence not less than fifty dollars. SEC. 30. If any surveyor or his deputy, on due notice and request, neglecting du shall wilfully neglect or refuse to perform the duties enjoined by this chapter, he shall forfeit for each offence not less than ten dollars, nor more than fifty dollars. Reinspection, when may be required. Penalties for errors in original survey. Expenses of reinspection, how paid. Exception of lumber made in this state. SEC. 31. If any person shall be dissatisfied with the survey and admeasurement of any lumber purchased or sold by him, by any deputy appointed by the surveyor, he may require the surveyor, with one or more deputies, at the option of the surveyor, to reinspect the same. SEC. 32. If, upon such reinspection, an error shall be found in the survey above the amount of five dollars, the who surveyed person the lumber shall receive no compensation for his services; and shall be liable to forfeit for such error not less than ten dollars, nor more than twenty dollars; and the surveyor, and his deputy or deputies in other cases, shall receive for their compensation twenty-five cents per thousand feet, to be paid by the purchaser. SEC. 33. The expense of overhauling lumber for the purpose of reinspection, and of the reinspection, shall be paid by the person requiring the same; and in all such cases the compensation therefor shall be equally divided among the surveyor and his deputy or deputies. SEC. 34. This chapter shall not be construed as requiring the survey or admeasurement of any lumber made in any town in this state. Length of hoops. SECTION 1. All hoops made or brought into any town in this state and offered for sale as hogshead hoops, shall be at least one half thereof eleven feet and a half in length, and the other half not less SEC. 3. Whenever they shall inspect and find any hoops so offered for sale or to be exported, fall short in the length aforesaid, or not of such size and substance as by this chapter is required, such hoops shall be condemned and sold at auction by the officer who shall inspect the same, within twenty-four hours after giving notice to the owner thereof; and one quarter part of the money arising from the sale shall be applied to the use of the town where they shall be sold, and the remainder, after paying unto the inspector of such hoops his fees, shall be returned to the owner. SEC. 4. All hoops shall be put up in bundles, to contain twentyfive each, and be sold by net hundreds; whenever the officer inspecting shall find any fraud in the bundles by their not containing the full number, every such bundle shall be condemned as forfeited, to be sold by the inspector in manner aforesaid; the money, after paying the inspector his fees, shall be by him lodged in the town treasury of the town where they are sold, for the use of the town. SEC. 5. Every person who shall ship for exportation out of this state any hoops which have not been duly inspected and allowed to be merchantable agreeably to this chapter, shall forfeit four dollars for every thousand so shipped; to be recovered by any inspector of hoops in the town where they shall be so shipped; one half to the use of the state, and the other half to the use of the inspector who shall sue for the same. SEC. 6. Inspectors of hoops shall receive at and after the rate of Fees of intwenty-five cents for every thousand they shall inspect and examine; spectors. and if the hoops shall be adjudged good and merchantable, the buyer shall pay the same. SECTION 1. No person shall ship, sell, or export from this state Scythe stones any scythe stones, in any quantity exceeding ten dozen, except in to be inspected boxes of suitable size, which have been inspected and branded agreeably to the provisions of this chapter. and branded. |