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allowa'ices as in number one, free from röt, rotten knots, bad shakes, rents or splits, auger holes, bad or large worm holes, allowing wane on the edge not more than three quarters of an inch at the widest part, and not to have more than three knots ofone inch and a half in diameter on the surface and edges, which may contain the greatest number of knots, all smaller sized knots allowed as in the case of number one deals; all clear deals which may have wane exceeding three quarters and not exceeding one inch and a half on the diagonal on the edge, classed as number two or second quality.
Number two or second quality battens to be the same as number two deals, excepting that no wane shall be allowed, and the knots in proportion as in number two deals.
Number three or third quality spruce deals shall include all deals of ten feet in length and upwards, and nine inches and eleven inches in width, and three inches in thickness.
Number three or third quality batters shall include all bat. tens of ten feet in length and upwards,seven inches in width, and three inches and two and one half inches in thickness; both deals and battens ofthe third quality shall be free from bad rots, splits, loose splinters, auger holes, and wane exceeding two inches on the diagonal on one edge.
All deals and battens not classed in the foregoing description shall be taken and deemed resuse, and marked 'R' in addition to the mark of contents.
All pine deals and battens to be of the same description in quality, and classified as spruce deals and battens, and marked 'P' in addition to the contents.
All pine and spruce deals and battens classed as nuinber one, two, and three, shall be free from stub shot.
And all deals and hattens not of the length and breadth hereinbefore described as the standard dimensions, but in all other respects equal in quality with number one, two, or three, shall be classed as number one, two, or three, as the case may be, non-dimension deals or battens.
First quality or merchantable pine and spruce boards and plank shall not be less than ten feet in length nor less than sereniuches in breadth,and not less than seveneighths of an inch in thickness for boards, and oue and one half of an inch and twojuches for plank,shall be square edged from the saw free from rot,sap staju, bad kyots oferery description(allow.
ing two sound knots not over two and a quarter inches in diameter, and all knots under that size that are perfectly sound) rents and shakes, worm holes, gum seam and gall, auger holes, and to be of equal thickness on both edges from end to end, with an allowance of one half of the straight split
Second quality pine and spruce boards and plank shall be in size same as first quality, and in quality same as number two deals, excepting the wane, which shall not exceed two thirds the length of the board or plank.
All boards and plank not classed as number one or two shall be deemed refuse.
Clear Boards—Pine may be sawed ont of the round log, without edging (optional with the party manufacturing the same), to be free from rots, knots, rents, shakes, worm holes, auger holes, gum seam, and gum gall, the width for measurement to be taken at the centre, inside of and not including the wane and dark sap.
Masts shall not be less than three feet and one quarter in length to every inch in diameter, to be hewed smoothly, reduced sufficiently to show the wood free from sap on the centre of all the four sides at the partners, to be as small at the butt as at the partners, and of proportionate and full size at the top, to be straight, free from rot, ring shakes, butt rots, concase or rotten knots,large knots at the top, bark on the wanes,auger holes, and other defects, to be square butted, the diameter for measurement to be taken one third from the butt, exclusive of sap.
Spars shall be of straight growth, free from large knots, rots, and other defects, to be of proportionate size at the top with the butt, to be square butted, and the diameter for mea. surement to be taken one third of the length from the butt, exclusive of bark, and to be four and one half feet in length for every inch of diameter where the spar exceeds nine inches diameter, and five at least for all spars under nine inches diameter.
Lathwood shall be of straight rift, free from bark, hearts, knots, and rots, to be measured by the cord of four feet high and eight feet long, and piled as close as it can be laid.
Pine shingles shall be eighteen inches long, not less than four inches wide and three eighths of an inch thick at the
butt, free from sap, rot, and worm holes, to be put up in bundles not less than twenty five tiers or courses of twenty inches wide, four of which bundles shall be reckoned a thousand.
Cedar shingles for exportation shall be twenty inches long and three eighths of an inch thick at the butt, the said thickness to be continued three fourths of the length and shared from thence to the point; to be from four to four and a halfinches in wicth, and the account shall be taken by tale of ten hundred to the thousand, and that all pine shingles manufactured in the same manner for exportation shall be subject to the like rules and regulations; the whole of which cedar and pine shingles for exportation to be free from the defects above mentioned relative to shingles.
Hogshead stares shall be forty two inches long, three fourths of an inch thick on the thinnest edge, and not exceeding one and one eighth inches thick on the back, and shall also be from three and one half to fire and one half inches wide.
Barrel staves shall be thirty two inches long, half an inch thick on the thinnest edge, and not exceeding seren eighths of an inch thick on the back, the whole to be of good rift, free from twists, fairly split, and from knot holes, rotten knots, worm holes, and shakes; and the account of all stares shall be taken by tale of twelve hundred to the thousand.
8. Nothing in this Chapter shall prevent the exportation of lumber of other qualities than merchantable, if it be actually shipped and marked as it passed examination.
9. Every Surveyor under this Chapter shall mark or score in large and legible figures or characters on one of the sides of each piece oftimber inspected by him, near the butt end, his own mark, the length, the purchaser's mark,and the contents, and at the place of girting the same the girt thereof for measurement; masts and spars to be marked in the same manner, having instead of the contents, the diameter at the partners; and every such Surreyor for his skill and labour in surveying, marking, and resurreying, shall be entitled to demand and receive after the following rates :For Every ton of forty cubic feet of square timber, £0 0 4
Every thousand feet of saw logs, · · 0 0 9
For Every thousand feet of deals, plank, scantling, or boards, .
· £0 1 0 Masts under 17 inches diameter, - . 0 1 6 Orer the same,
- - 0 2 0 Spars under 9 inches, · ·
Over the same, . . . 0 0 4
Barrel staves, per thousand, • ... · 0 1 6 10. The rates aforesaid for the survey of merchantable lumber, shall be paid by the first buyer thereof after the survey, if it be purchased within four months thereafter, but if not,the Surveyorshall be paid by the person employing him, and the seller shall remove at his own expense whatever may prevent the Surveyor from ascertaining with facility the measurement, manufacture, or quality of any article of lumber, and when required, shall cause the same to be canted, but if he refuse or neglect to do so, the Surveyor or buyer may cause it to be done, aud charge the seller with the necessary expense, which may be recovered in any Court of competent jurisdiction.
11. When any lumber measured afloat shall afterwards prove unmerchantable,the purchaser shall give the seller or his agent at least ten days notice to that effect,and if the same be not removed within the time of such notice,the purchaser shall call on the Surveyor,who first measured such lumber,or upon some other Suryeyor, who shall examine the same, and take an account of the marks and contents thereof, and the purchaser shall cause such lumber to be put in merchantable order, under the superintendence of such Surveyor, by having it overhauled, lined, hewed, sawed, or repaired, in any way that may be thought advisable by such Surveyor, and the purchaser may charge the sellerwith the expense thereof, and with any deficiency in such lumber, which shall be estimated and kept account of by such Surveyor; but no purchaser of any lumber,after having had the same in his possession more than twelve months, shall have the same repaired or resur. veyed at the risk or expense of the seller. The seller of any lumber,if he reside more than twenty miles from the place of sale, shall at such sale appoint an agent, to be notified to the purchaser, to attend to such unmerchantable lumber; but the provisions of this Section shall not extend to pine and spruce saw logs.
12. If any person shall adopt or use the private mark of any Surveyor under this Chapter, by placing the same upon any piece of timber, scantling, mast, spar, or other article of lumber, or shall be guilty of plugging or wedging any timber, spars, or masts, for the purpose of covering thereby any defects in the same, or shall measure or survey any lumber intended for exportation, before filing the bond and affidarit required as aforesaid, he shall on conviction forfeit the sum of five pounds for each offence.
13. All prosecutions for penalties imposed by this Chapter shall be commenced within twelve months after the offence committed ; and the penalties when recovered shall be paid, one half to the person who shall sue for the same, and the other half to the Overseers of the Poor of the Parish where the offence is committed, for the rise of the Poor.
25th VICTORIA - CHAPTER 18. An Act to amend Chapter 96 of the Revised Statutes, . Of the Survey
and Exportation of Lumber.'
Passed 23rd April 1862. WHEREAS in and by the sixth Section of Chapter 96 of the Revised Statutes, . Of the Survey and Exportation of Lumber,' it is among other things enacted–That 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 purchaser: And whereas it is a common practice among Surveyors to mark or scribe the bark only of those logs submitted to their inspection, by which, in consequence of the bark becoming loose and disengaged from the wood, the marks are frequently lost, and the survey becomes entirely useless to the owner; for remedy whereof, ---
Be it therefore enacted, &c.—That from and after the passing of this Act, it shall be the duty of the Surveyors to strip the bark from a space on every log submitted to them for survey, which space shall be of a sufficient size to enable them to