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year, appoint one or more persons, surveyors and measurers of boards, plank, timber, joist and scantling, who shall hold their offices for one year, unless sooner removed by the town council ; who for neglect of duty shall make such removal, and fill the vacancy caused thereby: and every surveyor and measurer so appointed, previous to entering upon the duties of his office, shall be duly sworn or affirmed to the faithful discharge of the same, and shall give bond with two sureties to the treasurer of the town in which he is appointed, in the sum of five hundred dollars, for the faithful performance of said duties, and shall be subject to all the duties, provisions and penalties contained in the foregoing sections.
Sec. 12. Each surveyor and measurer shall keep a true and faithful record of all surveys of lumber made by him, together with all figures made by him in taking an account of the same, and said record shall be open to the inspection of all persons.
Sec. 13. This act shall not be construed as requiring the survey or admeasurement of any lumber made in any town in this state.
Sec. 14. All laws heretofore passed for the survey and admeasurement of lumber are hereby repealed.
An Act to regulate the Inspection of Scythe-Stones.
SECTION 1. Scythe-stones sold or exported, &c.,to 4. Inspector's fees. be inspected-except.
5. Penalty for exporting, &c., without 2. Inspector to be annually appointed, inspection. &c.-deputies.
6. Penalty for fraud of inspector. 3. Scythe-stones to be sorted, packed and 7. Penalty for counterfeiting brand, &c. branded.
8. Forfeitures, &c., how recovered.
It is enacted by the General Assembly, as follows :
Section 1. No person shall ship, sell or export from this state, any scythe-stones in any quantity exceeding ten dozen, except in boxes of suitable size, which have been inspected and branded agreeably to the provisions of this act.
SEC. 2. There shall be an inspector of scythe-stones for this state, appointed by the general assembly annually, who before he enters on the duties of his office shall give bond with sufficient surety to the general treasurer, in the penal sum of five hundred dollars, for the faithful discharge of his duties; and shall also be sworn faithfully to perform the same. And such inspector, when so qualified, shall have power to appoint one or more deputies, which appointments he may at
pleasure revoke; for whose acts he shall be responsible. Each deputy shall give bond to the inspector with sufficient surety, in the penal sum of three hundred dollars; and shall also be sworn to the faithful discharge of his duties.
Sec. 3. All scythe-stones, when the quantity exceeds ten dozen, shall be sorted or divided by the inspectors, or one of his deputies, into three different sorts, to be denominated No. 1., No. 2., No. 3.; No. 1. shall consist of the best quality, and none less than nine inches in length; No. 2. shall consist of the best quality of those less than nine inches in length, and the second quality more than nine inches in length; No. 3. to consist of other qualities and sizes, but none except such as are merchantable. Such stones shall be packed by the officer inspecting them, in boxes, which shall be branded by him with the initials of his name, with the word “Inspected," and with No. 1., No. 2., No. 3., as the case may be, designating the quality of the same. SEC. 4. The manufacturer of scythe-stones shall pay
the inspector or his deputy, for inspecting, packing and branding, the sum of ten cents for each and every box, containing not more than twenty-five dozen, he may inspect, and twelve cents for each and every box containing more than twenty-five dozen.
Sec. 5. If any person shall sell or offer for sale, shall export or attempt to export at any one time, more than ten dozen of scythe-stones before the same shall have been inspected, boxed up and branded as aforesaid, such person shall forfeit and pay the sum of twenty dollars for each and every offence.
Sec. 6. If any inspector or deputy inspector shall brand any scythe-stones contrary to the provisions of this act, he shall forfeit and pay the sum of five dollars for each and every box by him so branded.
Sec. 7. If any person shall counterfeit the brand of any inspector or deputy inspector, or shall imprint any box of scythe-stones with any inspector's or deputy inspector's brand without his consent, or shall fill any box which has before been filled and branded, without first causing the former brand to be cut out, he shall forfeit and pay the sum of twenty dollars for every offence.
SEC. 8. All penalties and forfeitures incurred under this act shall and may be recovered by action of debt before any court of competent jurisdiction ; one half thereof to and for the use of the state, and the other to and for the use of the person who shall sue for the same.
An Act regulating the assize of Lime Casks and the Inspecting
SECTION 1. Size of casks--to be well filled and 5. Penalty for selling or exporting unless hooped.
branded. 2. Different qualities how designated and 6. Penalty for fraud of inspector. branded.
7. Penalty for counterfeiting brand, &c. 3. General inspector to be appointed-du- 8. Penalties how recovered. ties of—to be sworn.
9. Inspector to prosecute for breaches. 4. Inspector's fees.
It is enacted by the General Assembly, as follows:
SECTION 1. All stone lime which shall be burnt in this state, shall be offered or exposed to sale in casks of the following dimensions, to wit: each cask shall be twenty-seven inches and three quarters of an inch in length between the heads, and the heads eighteen inches in diameter, and of sufficient bulge to contain thirty-six gallons, and hooped with not less than eight good hoops; and each cask shall be well filled with lime.
Sec. 2. The various qualities of lime shall be designated by the following names, viz: “jointa,” “ first quality,” “ second quality,” “ refuse;" and shall also be designated with the names of the present owners of the ledges of rock from which the same shall be burnt; and be so branded that the name of the owner of the ledge and the quality of the lime shall form one brand, and be made by one impression; which brand shall be used by the inspector or his deputies only. Each cask shall also be branded with the word “inspected,” and with the initials of the name of the person branding the same.
Sec. 3. The general assembly shall annually appoint one general inspector, with power to appoint one or more deputies; which deputies shall hold their offices until the next election of general inspector, notwithstanding the death of such general inspector may happen before said election, unless removed by the general inspector. And it shall be the duty of such inspector or his deputies to see that the casks are of lawful size, and properly filled and branded as provided in the first section of this act. And before proceeding in the duties of his said office, the general inspector and each of his deputies shall take his engagement before a justice of the peace for the due performance thereof.
SEC. 4. The burner of lime shall pay the inspector or his deputy, for inspecting and branding, filling not included, the sum of two cents for each and every cask he may inspect, and for filling the same, two cents in addition.
Sec. 5. If any person shall offer for sale in or export from this state, any cask of stone lime burnt therein which shall not have been branded as required by this act, he shall forfeit the sum of ten dollars.
Sec. 6. If any inspector or deputy inspector shall brand any lime cask contrary to the provisions of this act, he shall forfeit the sum of five dollars for each cask so branded.
Sec. 7. Every person who shall counterfeit the brand of any inspector or deputy inspector appointed as aforesaid, or shall imprint any cask of lime with his brand without his consent first had and obtained in writing, or shall fill any cask a second time which has before been filled and branded, without first causing the former brand to be cut out, shall forfeit the sum of one hundred dollars for every cask so branded or so filled.
Sec. 8. Penalties incurred under this act shall and may be recovered by action of debt, before any court of competent jurisdiction.
Sec. 9. The inspector and each of his deputies are hereby enjoined to prosecute for every breach of this act which may come to their knowledge.
An Act to regulate the Measuring of Grain, Salt and Sea Coal.
SECTION 1. Certain towns shall elect measurers 5. Penalty for selling from vessel withother towns may.
out being measured-proviso, unless 2. Measurers to be engaged—may ap. measured by custom-house inspector.
point deputies-grain, &c. imported 6. Penalty on measurer for refusal or and sold from vessel, to be measured neglect.
and certified if above certain quantity. 7. Grain sold by weight exempted from 3. Measurers' fees.
act. 4. To measure if sold from store, in case
It is enacted by the General Assembly, as follows:
SECTION 1. The towns of Newport, Bristol, Warren, Warwick, East-Greenwich, North-Kingstown and North-Providence shall, and any other towns may, at any annual meeting for the choice of town officers, elect in each of said towns not exceeding two persons, to be measurers of grain, salt, shorts and sea coal. The city council of the city of Providence at the time of the election of city officers, shall elect at least two such measurers for said city.
SEC. 2. Such measurers shall be engaged as other town officers are; and they shall measure or cause to be measured in their presence, and shall certify the measure of all corn, rye,
oats, barley and other grain, and all shorts, salt and sea coal, imported into such town from without the limits of this state, that shall be sold and delivered from any vessel or water craft in said town, in any quantity exceeding twenty-five bushels at one sale, to one person or company; and the said measurers are hereby authorized and empowered to appoint so many deputy measurers aforesaid, and to employ so many assistants as they may deem expedient.
SEC. 3. Said measurers shall have and receive as compensation, for every bushel of grain, shorts, salt or sea coal aforesaid, by them measured and certified, where the same shall exceed one hundred and fifty bushels, one half of one cent per bushel, and for any quantity less than one hundred and fifty bushels, one cent per bushel ; to be paid by the vender upon a tender of the certificate of the measurers; the vender charging one half of the same to the purchaser, unless otherwise by them agreed : provided, however, that no mwasurer shall be entitled to receive more than one half of one cent per bushel for measuring, when the quantity shall exceed one hundred and fifty bushels, delivered from the same vessel.
Sec. 4. It shall be the duty of the said measurers or deputies to measure and certify as aforesaid, in all cases of sale and delivery of said articles in the towns where they are appointed, in quantity aforesaid, from any store or other places of selling in said towns, whenever a dispute shall arise between the seller and purchaser, if called on for that purpose by either party ; for which duty they shall receive the same compensation, and payable in like manner as herein before provided.
Sec. 5. Every person who shall sell and deliver from any vessel or water craft in said towns, any such grain, shorts, salt or sea coal, in a quantity exceeding twenty-five bushels, at one sale and delivery, without having the same duly measured and certified as aforesaid by one of the said measurers, or shall refuse to permit a measurer or deputy to measure such articles when sold from any water crast, shall forfeit and pay the sum of fifty dollars for every such offence; to be recovered in an action of debt before any court of competent jurisdiction; one half thereof to and for the use of the person who shall sue for the same, and the other half to the use of the town where the offence shall be committed : provided, however, that nothing in this act shall be construed to apply to or affect the sale, delivery or measuring of any of said articles, in the sale whereof it shall have been contracted by the seller