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An Act to regulate the Survey and Admeasurement of Lumber,

brought by water or imported into this State.

SECTION

SECTION 1. Surveyor general for the city of Prov 7. Penalty for defacing surveyor's marks.

idence to be appointed annually-duty 8. Penalty for fraudulently surveying,

of-may appoint deputies—duties oř. and for neglect of duty. 2. Rules of inspection and admeasure 9. Person dissatisfied with survey of dement.

puty inspector, may have a re-survey 3. Surveyor general to appoint one depu by inspector general.

ty to survey ornamental woods-rules 10. Surveyor general to make report to for the inspection of such woods.

city council annually, which shall be 4. Surveyor general to appoint one depu published by the council. ty to measure ship timber.

11. Town councils of other towns annu5. Fees for inspection how paid and divi ally to appoint surveyors and measded.

urers of lumber-duties of. 6. Penalty for buying or selling lumber 12. Each surveyor to preserve a record of not inspected. Lumber purchased to

all his surveys. be used by the purchaser, or to be ex. 13. Lumber made in this state not reported from the state, not required to quired to be measured. be inspected.

14. All former laws repealed.

It is enacted by the General Assembly, as follows :

SECTION 1. There shall be a surveyor general of lumber for the city of Providence, who shall be well skilled in the surveying and admeasurement of lumber, to be appointed in the month of February annually, by the city council of said city, who shall hold his office for one year, and until a successor be chosen, unless sooner removed : before he shall enter upon the duties of his office he shall give bond with two sureties to the city treasurer in the sum of two thousand dollars for the faithful discharge of his duties; and he shall be sworn or affirmed faithfully to perform the same; and such surveyor general, when so qualified, shall have power to appoint such number of deputy surveyors as he may judge sufficient, not less than six, for whose official conduct he shall be answerable, the said appointments subject to the approval of the city council; and shall take bonds from said deputies for the faithful discharge of their duties in the sum of five hundred dollars each, with two sureties; and they shall be sworn or affirmed faithfully to perform the same ; and shall be removable for neglect of duty by the surveyor general.

SEC. 2. In the survey and admeasurement of lumber brought by water, or imported, discharged or delivered in said city, whether on the land or into a boat or vessel, the following rules and regulations are hereby established : in the survey of all kinds of pine boards, planks and joists, they shall be divided into three sorts, namely: the first sort shall be denominated “clear," and shall include boards not less than one inch thick, free from rot, knots and shakes, and square edged ; provided that such boards as may be clear and equal in qual

ity to clear, but may be deficient in thickness as aforesaid, shall be received as clear by making such allowance for the deficiency in thickness as may be required to make them equal to one inch thick. The second sort shall be denominated “merchantable," and shall include boards not less than seven-eighths of an inch thick, nearly free from rot and nearly square edged, and suitable for covering buildings. The third sort shall be denominated “refuse," and shall include all boards, plank and joists not included in the other two denominations, with due allowance for rots. And plank and joists shall be surveyed as to quality and numbers the same as boards, and their contents measured and marked, what they may contain buard measure. 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.

In the survey of spruce, hemlock and juniper boards, plank, and sawed and hewed timber, there shall be two sorts; the first sort shall be denominated 5 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.

In the survey of ash, maple, and other hard wood boards, plank, joists and 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 free from bad knots, and free from shakes and rots; the second sort shall be denominated “refuse," and shall include all other descriptions, with due allowance for rots.

In the survey of all boards, plank, joists and timber, the contents of the same in board measure shall be truly marked 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; and the merchantable lumber shall be marked thus A, and the refuse lumber shall be marked h, and shall be plainly and durably marked on each and every piece; deduction shall be made for splits not exceeding in any case one half the extent of the split. All boards, plank, joist and timber shall be received and sold according to the contents thereof, as fixed and marked under the aforesaid regulations; but all surveys shall be made under the inspection of the surveyor general or by his deputies, by his directions; and application shall be made by all persons

requiring surveys to the surveyor general, who shall direct his deputies to porform their respective duties in rotation.

Sec. 3. It shall be the duty of the surveyor general, agreeably to the first section of this act, to appoint one or more deputy surveyors, whose duty shall be to survey mahogany, cedar and cherry-tree boards, plank, joist and timber, and other ornamental wood and lumber. In the survey of mahogany and cedar timber, the following rules and regulations are hereby established: 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 waney, two inches on each side of the square; and for rots, shakes, &c., there shall be allowance made as the surveyor may deem expedient, not exceeding one half. All timber that is worm-eaten, much rotten, badly shaked, or very waney, shall be denominated “refuse," due allowance being made for rot. In the survey and admeasurement of mahogany, cedar and cherry-tree boards, planks, and joist, and other ornamental wood and lumber, such as are sound and free from bad knots and shakes shall be denominated "merchantable ;" all others shall be denominated “refuse,” and due allowance made for rots and shakes.

Sec. 4. It shall be the duty of the surveyor general, agreeably to the first section of this act, to appoint one or more deputy surveyors, whose duty shall be to survey oak and other hard wood used in ship building, whether brought by land or water.

Sec. 5. Fees for surveying and marking according to the foregoing provisions of this act, and to be paid by the purchaser, shall be as follows, viz: for pine, spruce, hemlock and juniper boards, plank, joist and sawed timber, twenty-five cents per thousand feet, board measure. For mahogany, cedar, cherrytree timber, boards, plank and joist, fifty cents per thousand feet, board measure. For oak and other hard wood for ship building, twenty-five cents per ton. For ash, maple, birch, and other hard wood, forty cents per thousand feet, board measure; of which fees, three cents on every thousand feet of pine, spruce, 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, shall be paid over to the surveyor general for his use.

Sec. 6. It shall not be lawful for any person within the city of Providence to sell, purchase or take the delivery, 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 city, unless the same shall be surveyed, marked and numbered, conformably to the provisions of this act; except such as are bona fide intended to be exported beyond sea, and shipped for the purpose of such exportation within one year aster the same shall have been sold and delivered to the person first purchasing or receiving the same in said city ; and any person or persons importing or purchasing lumber for their own private use and benefit, to be used in building on their own or leased land, upon giving a certificate to that effect to the surveyor general, shall not be subject to have the same surveyed and measured according to this act; but should they dispose of it in any other manner than is provided in this section, they shall be liable to the same penalties as though said certificate had not been given; and all persons purchasing lumber without the state for the purpose of transhipping through this state to the state of Massachusetts or Connecticut, shall not be liable to have the same surveyed and measured, unless said lumber shall be disposed of within this state; and in that case shall be liable to all the provisions and penalties of this act; and any person or persons who shall sell, purchase, deliver or take the deliv. ery of any

boards, plank, joist and timber, not surveyed, marked or numbered, as herein is provided, subject only to the foregoing exceptions, shall forfeit and pay 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; to be sued for and recovered in any court of competent jurisdiction, by the surveyor general, whose duty it shall be to prosecute for all violations of this act that shall come to his knowledge; one half thereof to his use, and the other half to the use of the state.

Sec. 7. If any person or persons shall be guilty of crossing, altering, or wilfully defacing any of the marks affixed to any lumber by any deputy surveyor, he or they shall forfeit and pay a sum not less than five dollars, nor more than twenty dollars; to be prosecuted by the surveyor general, and the forfeiture to be sued for, recovered and applied, as is provided in the sixth section.

Sec. 8. If any person appointed to office under this act, or his deputies, shall be guilty of or connive at any fraud or deception in surveying, marking or numbering the contents

of any boards, plank joist or timber, he shall forfeit and

pay for every such offence a sum not less than ten dollars, nor more than twenty dollars; and if the surveyor general or his deputies, on due notice and request, shall unreasonably neglect or refuse to perform the duties enjoined by this act, he or they shall forfeit and pay for every offence, such a sum, not less than ten dollars, nor more than twenty dollars ; one half of the aforesaid forfeiture to be recovered by him or them who shall sue for the same, to his or their use, and the other half to the use of the state, before any court of competent jurisdiction.

Sec. 9. If any person shall be dissatisfied with the survey and admeasurement of any lumber purchased or sold by him, by any deputy or deputies appointed by the surveyor general, he may require the surveyor general, with one or more deputies, at the option of the surveyor general, to re-inspect the same ; and should they find an error in the survey, over and above the amount of five dollars, the deputy who surveyed the lumber shall receive no compensation for his services; and shall be liable to the penalties provided in the eighth section of this act; and the surveyor general and his deputy or deputies shall receive for their compensation twenty-five cents per thousand feet; and if the surveyor general on the reinspection shall find the lumber correctly surveyed and measured in the first instance, he shall receive for his compensation and that of his deputy or deputies, twelve cents per thousand feet; the first mentioned compensation in this section, to be paid by the purchaser, and the last mentioned by the complainant; the expense of overhauling lumber for the purpose of reinspection, under the provisions of this section, shall be paid by the complainant; and in all instances the compensation for the surveyor general and his deputy or deputies, shall be equally divided between them.

SEC. 10. It shall be the duty of the surveyor general to 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 act. And it shall be the duty of the said city council to cause said returns to be published in one of the newspapers published in

said city.

Sec. 11. The town councils of all other towns where boards, plank, timber, joist and scantling are imported for sale, shall annually, on or before the first day of March in each

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