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requiring surveys to the surveyor general, who shall direct his deputies to perform 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 after 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 reinspect 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

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.

SECTION

An Act to regulate the Inspection of Scythe-stones.

1. Scythe-stones sold or exported, &c., to be inspected-except.

2. Inspector to be annually appointed, &c.-deputies.

3. Scythe stones to be sorted, packed and branded.

SECTION

4. Inspector's fees.

5. Penalty for exporting, &c., without
inspection.

6. Penalty for fraud of inspector.
7. Penalty for counterfeiting brand, &c.
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.

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