be entitled to such fees for their services, as the selectmen of such town shall establish; and the said feès shall, in each case, be paid to the measurer, by the driver, and shall be repaid by the purchaser. Ib. § 202.

5. All cord wood, brought by water into any town for sale, and landed, shall be measured by a measurer, sworn as aforesaid; and for that purpose, the wood shall be corded and piled by itself in ranges, making up in height what shall be wanting in length, and being so measured, a ticket shall be given to the purchaser, who shall pay the stated fees for such service. Ib. § 203.

6. Each wharfinger, carter or driver, who shall convey any firewood or bark from any wharf or landing place in any town, shall be furnished by the owner or seller of such wood or bark, with a ticket certifying the quantity which the load contains, and the name of the driver; and if any firewood or bark shall be conveyed as aforesaid, without such ticket accompanying the same, or if any driver shall refuse to produce and show such ticket on demand, to any measurer duly sworn as aforesaid, or to give his consent to have the same measured, or if such tickets shall certify a greater quantity of wood or bark than the load contains, in the opinion of the measurer aforesaid, after measuring the same, the driver and owner of such wood or bark shall for each load thereof, forfeit the sum of five dollars, to the use of the town where the offence shall be committed; provided, nevertheless, that nothing contained in this chapter shall be construed to extend to any person who shall transport or cart, or cause to be transported or carted, from any wharf or landing place to his own dwelling house or store, any cord wood or bark which he shall have purchased on such wharf or landing place, or shall have landed thereon upon his own account. lb. § 204.

7. All baskets used in measuring charcoal for sale, shall contain two bushels, and shall be of the following dimen

sions, to wit: nineteen inches in diameter in every part thereof, and seventeen inches and a half deep, measuring from the top of the basket to the highest part of the bottom; and the basket shall be well heaped, and also be sealed by the sealer of the town, where the person so using the same shall usually reside; and every person who shall measure any charcoal, offered for sale in any basket of less dimensions, or not sealed as aforesaid, shall forfeit for each offence fifty cents, to the use mentioned in the preceding section, and such basket shall also be destroyed. Ib. § 205.

8. The selectmen of any town may appoint some suitable person, to seize and secure all baskets, used for measuring coal, that shall not be of the dimensions prescribed in the preceding section, and sealed as therein required, and may also prosecute all persons, who shall offend against the said provisions. Ib. § 206.

9. In the sale of charcoal, it shall further be lawful to measure the same in boxes of the following capacities, namely of two bushels, five bushels, ten bushels, and twenty bushels, said boxes being first duly sealed; and five thousand one hundred and twenty-eight cubic inches shall be deemed equal to two bushels, or the heaped basket above described. Ib. § 207.

10. Every person, who shall measure charcoal offered for sale, in any box of other capacity, or not sealed as aforesaid, shall forfeit for each offence one dollar. Ib. § 208.

11. All the forfeitures mentioned in the four preceding sections, may be recovered by indictment. Ib. § 209.

9. Hewn and sawed timber, how surveyed, and sold.

10. Contents of boards, &c, to be plainly marked.

11. Boards, &c. to be sold according to marks.

12. Fees.

13. Penalty for fraud and for delay of surveyor.

14. Boards, &c. not to be sold or purchased unless surveyed, except, &c.

15. Penalty.

1. THERE shall be one or more persons, elected by the inhabitants of each town, at their annual meeting, to be surveyors of lumber, who shall be well skilled in the surveying and admeasurement of lumber, and who shall hold the office for one year, and until their successors be chosen, unless they shall be sooner removed. R. S. ch. 28, § 141.

They are to be elected in such manner as the meeting shall determine, and to be sworn to the faithful discharge of the duties of office. R. S. ch. 15, § 33 & 34.

2. The said surveyors shall survey oak and other hard wood, commonly used in ship building, and mahogany, ash, cedar and other ornamental wood and lumber, and all other lumber, brought into their town by water for sale. R. S. ch. 28. § 142.

3. In the survey of pine boards and planks, there shall be four sorts; the first sort shall be denominated number one, and shall include boards not less than one inch thick, straight grained, and free from rot, sap, knots and shakes; the second sort shall be denominated number two, and shall include boards not less than one inch thick, free from rot and large knots, and suitable for planing; provided, that such boards as are clear, but are deficient in thickness as aforesaid, shall be received as number two, by making such allowance for the deficiency in thickness, as may be required to make them equal to one inch thick; the third sort shall be denominated number three, 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 fourth sort shall be denominated number four, and shall include all boards and planks of

every description, not being within the other three denominations. Ib. § 143.

4. In the survey of pine joist there shall be two sorts; the first sort shall be denominated number one, and shall include all joist that are sound and square edged; the second sort shall be denominated number two, and shall include all other descriptions. Ib. § 144.

5. In the survey of spruce, hemlock, and juniper boards, plank and joist, there shall be two sorts; the first sort shall be denominated number one, and shall include all boards, plank and joist that are sound and square edged; the second sort shall be denominated number two, and shall include all other descriptions. Ib. § 145.

6. In the survey of ash, maple and other hard wood, and ornamental boards, plank and joist, there shall be two sorts; the first sort shall be denominated number one, and shall include all boards, plank and joist that are sound and free from shakes; the second sort shall be denominated number two, and shall include all other descriptions. Ib. § 146.

7. In the survey of timber, except mahogany and cedar, there shall be two sorts: the first sort shall be denominated number one, and shall include all timber that is sound, straight, square edged and in lengths or joists not less than sixteen feet long, due allowance being made for sap; the second sort shall be denominated number two, and shall include timber of all other descriptions. Ib. § 147.

8. In the survey of mahogany and cedar, there shall be but one sort; and the surveyor shall number all the mahogany and cedar logs or sticks, contained in each lot or cargo, in regular numerical order, and mark the number of each log or stick upon the same, in legible characters; and he shall to the best of his ability, ascertain the whole number of feet, board measure, in every log or stick, and what quantity thereof is merchantable, and what is refuse;

and he shall thereupon issue a certificate, or survey bill, of said survey, in which shall be stated the number of each log or stick, and the whole number of feet contained in the same, and specifying the number of feet, which are merchantable and refuse, respectively. Ib. § 148.

9. All hewn timber six inches square and upwards, except timber called scab, shall be surveyed and sold as ton timber, at the rate of forty cubic feet to a ton; all sawed timber shall be surveyed and sold by board measure. $149.

Ib.

10. In the survey of boards, planks, joists and sawed timber, the contents of the same shall be truly marked thereon, in plain and legible numbers, and all other marks. shall be erased; and on the second and third sorts of boards and planks, the numbers two and three shall be in like manner marked thereon, respectively; and allowance and deduction shall be made for splits, not exceeding in any case one half the extent of the splits. Ib. § 150.

11. All boards, planks, joist and sawed timber shall be received and sold, according to the contents thereof, as fixed and marked under the eight preceding sections. $151.

lb.

12. The fees for surveying and marking, according to the foregoing provisions, and to be paid by the purchaser, shall be as follows, namely: for pine, spruce, hemlock and juniper boards, plank, joist and sawed timber, twenty-four cents for every thousand feet, board measure; for pine, spruce, hemlock and juniper timber, twelve cents for every ton; for oak timber, twenty-four cents for every ton; for ash, maple and other hard wood, and ornamental boards, plank, and joist, forty cents for every thousand feet, board measure; for Cuba, St. Domingo, and other branch or hard mahogany, one dollar for every thousand feet, board measure; and for mahogany from the Bay of Honduras,