1. No lumber of the description hereinafter mentioned shall, until the survey thereof as herein required, be shipped for exportation, under a penalty for each offence not exceeding fifty pounds nor less than five pounds. 2. The first General Sessions in every year shall appoint in their respective Counties a sufficient number of fit persons to be Surveyors of Lumber in such parts of their County as may be necessary, each of whom shall execute a bond to the Queen in the sum of one hundred pounds with two sureties, conditioned for the due performance of his duty, and shall take the following oath before the Clerk or a Justice of the Peace for the County, he administering the same without fee, that is to say :- 'I, A. B. do swear that I will faithfully to the best of my 'ability discharge the duties of a Surveyor of lumber,and that 'I will give a true account of the number, dimensions and 'measurement of all such lumber as may be submitted to my 'inspection according to the best of my knowledge and skill, ' and that I will not survey any lumber in which I may have a 'direct or indirect interest beyond the fees of survey, and that 'I will not change any lumber that may be intrusted to me 'for the purpose of being surveyed.' The Bond and affidavit to be filed in the said Clerk's office, together with the private mark which the Surveyor shall adopt the Clerk shall grant a certificate to every such Surveyor of his having filed the affidavit and bond and shall furnish him with a copy of this Chapter at the expense of the Government; and no such Surveyor shall be a pond keeper, or directly or indirectly a dealer in timber. 3. Any Surveyor may survey lumber in any part of the County in which he shall be appointed, and shall personally and carefully ascertain the qualities of the lumber submitted to his inspection, reject all such lumber as in his opinion may be contrary to the provisions of this Chapter, so far as can be then ascertained, and, when required, furnish the buyer and seller each witha true account inwritingof the number,length and dimensions of the pieces of lumber found to be merchantable; if any dispute arise between the buyer or seller and the Surveyor, the person requiring a resurvey and the Surveyor may each choose a disinterested Surveyor duly appointed under this Chapter, and the two Surveyors so chosen shall name a third; or if the dispute arise between the buyer and seller, the person who shall have chosen the first Surveyor may choose one other Surveyor, and the other party two other disinterested and duly appointed Surveyors; and in either of the above cases the three Surveyors so chosen shall resurvey such lumber, and their decision, or the decision of any two of them, shall be final; and the person requiring such resurvey shall pay the expenses thereof in the first instance, but if the original survey be not confirmed, he may recover them from the first Surveyor; and in case of any such dispute, if the buyer, or seller, or the Surveyor, shall neglect or refuse, when called upon so to do, to name a Surveyor as above required, it shall be lawful for the other party to name two disinterested Surveyors, who shall choose a third, and proceed as above directed, and their decision, or the decision of any two of them, shall be final. 4. If any Surveyor pass any article of lumber contrary to the provisions of this Chapter, he shall be liable to any person injured thereby for all damages by him sustained, and for the following penalties, namely:- For Every forty cubic feet of timber so passed, two shillings and six pence; Every thousand superficial feet of planks, deals, boards, or scantling, five shillings; Every thousand superficial feet of saw logs,two shillings and six pence; Every spar, one shilling; Every thousand shingles, two shillings and six pence; Every cord of lathwood, two shillings and six pence. If any such Surveyor shall at any time wilfully change any lumber submitted to him for inspection or survey, he shall upon conviction thereof, forfeit a sum not exceeding fifty nor less than five pounds; and if any such surveyor shall at any time be found guilty of wilful neglect or partiality in the execution of his duty, or of wilfully giving a false account of the lumber submitted to him for inspection or survey, the conviction for any such offence shall operate as a dismissal from office, and render him for ever incapable of re-appointment. 5. No square timber except red pine shall be less than ten inches square nor shorter than sixteen feet; but white pine timber over sixteen inches square, and hard wood over twelve inches square, may be twelve feet ; all which shall be squared and smoothly hewed, free from knotty tops, plugs,rots, rotten or concase knots, decayed,sap, or worm holes, shall be square butted, the tap r not to exceed one inch for every eighteen feet in length, the wane not to exceed one inch in each corner where the square is under sixteen inches, two in thes where it is from sixteen to twenty inches, and three inches where it is above twenty inches; in order to ascertain the contents of such timber, the Surveyor shall girt or measure the same at the middle of the stick; and the difference of the squares between any two of the sides shall not exceed two inches; no log shall have a sweep unless it have two straight sides, and such sweeps shall not exceed the rate of five inches to every forty feet in length; but all pine timber over sixteen inches square, smoothly hewed, and free from the defects aforesaid, shall be deemed merchantable if over twelve feet long and in surveying round or sided timber, in order to determine the quantity in tons, the Surveyor shall allow the number of cubic feet which the stick will square. 6. In the survey of pine or spruce logs the following regulations shall be observed by the Surveyors :-Logs for the manufacture of deals shall not be less than twelve feet in length and eleven inches in diameter; shall have an allowance of from four to six inches in the lengths to permit the deals when sawed to be trimmed, shall be sound, free from bad shakes, augur or plug holes, crooked gum seams, ring or bowel shakes, rot, bad knots, and worm holes All logs of twenty six feet long and upwards shall be measured in two lengths; an adequate allowance shall be made by the Surveyor on all crooked logs; the diameter at the small end exclusive of bark, shall be taken as the diameter for ascertaining the contents, and the Surveyor shall mark or scribe on every log surveyed by him the superficial contents thereof with his private mark, and the initials of the name of the purchaser. The contents shall be calculated by the following Table, viz:— CONTENTS. 14 98 114 130 147 163 171 179 196 226 245 261 280 297 315 331 350 367 384 401 420 450 15 112 131 150 168 187 196 205 224 259 280 299 320 336 360 379 400 419 439 458 480 515 301 315 344 396 428 437 490 519 552 580 612 644 674 703 736 788 7. All deals and battens for exportation shall be surveyed and classed according to their qualities, and on each deal and batten shall be marked with red chalk, in legible figures, No. 1, 2, or 3, as the case may be, and also the length, breadth, thickness, and denominational or standard dimensions of twelve, fourteen, sixteen, eighteen, twenty, twenty one, twenty two, twenty three, and twenty four feet long; the standard breadth of deals to be nine inches and eleven inches broad, thickuess three inches with an addition of one inch on the length, and not more than three eighths of an inch on the breadth, and not more than one quarter of an inch on the thickness, to be trimmed on both ends, contents to be in superficial feet of one inch; battens to be of the same length as deals, with the same addition in length, breadth, and thickness, trimmed at the ends, the standard breadth to be seven inches, and thickness three inches, and two and a half inches, to be of the same description in quality as deals: that first quality number one or merchantable spruce deals shall be square edged from the saw, with an addition of one inch on the length, to be trimmed square at each end, straight, smooth, and well sawed, free from rot and every description of bad knot, rotten, loose, or black knots, shakes, splits, sap stain, gum seam, and gum galls, plugs, worm holes, and auger holes, and shall not have more than three sound knots, not exceeding one inch in diameter, on any one surface and edge, on a twelve, nine, three deal, and not more than four sound knots of one inch in diameter in twelve,eleven, three deal,and for every additional two feet in length, one knot as before described in addition, allowing all the sound knots less than one inch; all clear deals of the aforesaid dimensions, not having more than three quarters. of an inch wane on the diagonal on one edge of the deal, and free from dark sap, to be classed as number one or first quality. Number one or first quality spruce battens to be of the dimensions hereiab fore mentioned, and to have the allowances and to be in all respects of the same quality as number one deals. Number two or second quality spruce deals shall be of the same dimensions as number one, with the addition of deals often feet in length, with trimming thickness, breadth, and |