VII. And be it enacted, That deals, commonly called Dimension "dimension" deals, shall be such merchantable deals as may deals. be cut to the lengths of twelve, fourteen, sixteen, eighteen, and twenty-one feet respectively, of the breadth of nine inches and eleven inches, and of the thickness of two inches and three inches.

tured and

VIII. And be it enacted, That all deals, battens or plank, Deals, battens, save and except such as may be what are commonly called or plank, how hardwood, shall be sawed smooth and fair, of equal width and to be manufac thickness throughout, and be square butted at both ends with measured. a saw, and the stubshot be sawn off, and be free from rots, sap stains, large knots, rents, shakes, worm holes and wane; and every deal which shall measure in thickness more than two and one half inches, but less in any part than three inches, shall be deemed and taken to be two and one half inches in thickness; and every deal which shall measure in thickness more than two inches, but less than two and one half inches, shall in like manner be deemed and taken to be two inches in thickness, and the contests thereof estimated accordingly.

IX. And be it enacted, That all merchantable boards shall What shall be be square edged, and be of equal thickness throughout, and deemed mershall be free from rots, sap stains, knots, rents, shakes and boards. worm holes.

chantable

X. And be it enacted, That all scantling shall be properly Scantling, how squared, parallel and square butted, and be free from rot, to be manufacshakes, and worm holes; and that all lathwood shall be tured. square butted, straight, rift free from bark, heart, and large

knots.

shingles.

XI. And be it enacted, That all shingles which shall here- What shall be after be exposed for sale in this Island as merchantable shingles deemed mershall be of pine or cedar wood, and shall be eighteen inches in chantable length, and not less than four inches in width, and three-eighths of an inch thick at the butt, free from sap and worm holes, to be put up in bundles not less than twenty-five tiers or courses twenty inches wide, four of which bundles shall be reckoned a thousand; and all unmerchantable shingles found in such bundles shall be burnt by and under the direction of the surveyor, and the residue thereof be sold at public auction; and the money arising from such sale shall be paid to the owner, after deducting therefrom the charge of culling, surveying, telling and selling.

XII. And be it enacted, That all wood designed for fuel, Cordwood for commonly called cordwood, which shall hereafter be exposed sale, length, for sale in this Island, shall be at least four feet long, each &c. stick reckoning half the scarf, and shall be of good sound hardwood.

son selling, &c.

XIII. And be it enacted, That from and after the passing Penalty on per- of this Act any person or persons who shall sell or dispose of, cordwood defi- as being merchantable, any cordwood for fuel, which, on being cient in length. surveyed by a sworn surveyor, shall be found to be deficient in the length prescribed by this Act for merchantable cordwood, shall, for each and every such offence, forfeit and pay a fine not exceeding forty shillings nor less than five shillings, and shall also forfeit the wood which he shall so sell as aforesaid.

Lathwood and

XIV. And be it enacted, That all lathwood and cordwood cordwood, how for fuel shall be measured by the cord of four feet high and to be measured. eight feet long, and piled as close as it can be laid.

What shall be deemed mer

head staves.

XV. And be it enacted, That all merchantable hogshead staves shall be forty-two inches long, three-fourths of an inch chantable hogs thick on the thinnest edge and not exceeding one inch on the back, and shall also be from three and one half inches to five and one half inches wide; and all barrel staves shall be thirtytwo inches long, one half inch thick on the thinnest edge and not exceeding three fourths of an inch on the back, the whole to be of good rift, free from twists, fairly split and free from knot-holes, rotten knots, worm-holes and shakes, and the account shall be taken by the tale of twelve hundred to the thousand.

XVI. And be it enacted, That from and after the passing of this Act, any surveyor who shall pass, or certify as merchantable, any timber, deals, battens, boards, planks, scantling, staves, shingles, lathwood or cordwood for fuel, contrary to the provisions of this Act, shall forfeit and pay for every forty cubic feet of timber which he shall so pass or certify as merchantable, the sum of fifteen shillings; for every one thousand superficial feet of one inch measure of deals, battens, boards or plank, the sum of forty shillings; for every one hundred lineal feet of scantling, the sum of five shillings; for every one thousand hogshead staves forty shillings; for every thousand barrel staves, the sum of twenty shillings, and for every thousand shingles, the sum of five shillings, and for every cord of lathwood the sum of fifteen shillings, and for every cord of cordwood, for fuel, the sum of five shillings, and a like proportionable sum or sums for any quantity or quantites of timber, deals, battens, boards, plank, scantling, staves, shingles, lathwood or cordwood, being less than forty cubic feet, one thousand superficial feet, one hundred lineal feet, one thousand or one cord respectively.

XVII. And be it enacted, That if any person or persons shall, after the passing of this Act, ship or export, out of this Island, as merchantable, any ton timber, or any article or description of lumber herein mentioned and directed to be sur

veyed which shall not have been regularly surveyed by a sworn surveyor, and by him certified as merchantable and fit for exportation, he, she, or they shall forfeit, for each and every offence, a sum not exceeding fifty pounds, nor less than five pounds.

XVIII. And be it enacted, That nothing in this Act con- Not to prohibit tained shall extend, or be construed to extend, to the exporta- exportation in tion of timber or lumber of other qualities than merchantable; certain cases. provided always, that such lumber be actually shipped and marked as of its proper denomination.

lumber, &c.

XIX. And be it enacted, That when any contract or bar- Construction of gain shall be made for any quantity of timber or lumber of contracts for any description hereinbefore mentioned for exportation, the any timber, same shall be understood to be for timber or lumber according to the directions and provisions of this Act; and no person shall be obliged to take or receive any other kind of timber or lumber, unless such person shall have previously made a special agreement for the same, specifying the nature, dimensions and description of timber or lumber agreed to be received.

XX. And be it enacted, That every surveyor of lumber who shall be required to survey any timber or lumber, shall, at the time of making the survey, mark with a race knife or scoring iron, on each and every stick of ton timber by him surveyed, the number of cubic feet such stick shall contain; and on all boards, deals, battens and plank, every surveyor shall, on each board, deal, batten and plank, mark with red chalk, in large and legible figures, the superficial contents thereof respectively.

Surveyor to

mark lumber or

timber surveyed by him.

XXI. And be it enacted, That the persons so appointed Allowance to surveyors under this Act shall be entitled to ask, demand, and surveyors unreceive for their skill and labor, in surveying and marking, at der this Act. and after the rates following:

For every ton of round, flatted or square timber, or sawlogs, two pence.

For every one thousand superficial feet of deals, battens or plank, being of the thickness of two inches and upwards, one hundred and forty-four solid inches being calculated to one foot in such measurement, one shilling.

For every one thousand feet of boards or planks, being less than two inches in thickness, one shilling and six pence. For lathwood, per cord, six pence.

For cordwood for fuel, per cord, three pence.

For shingles, per thousand, five pence.

For staves, per thousand, two shillings.

For scantling, per hundred lineal feet, four pence.

Surveyors to mark all timber, &c., not corresponding with provi

sions of this

And, in addition to the above fees, every surveyor shall be entitled to receive three pence per mile for ever mile he shall necessarily travel in going to and returning from the place of performing such duty, one half of all the said fees to be paid by the seller, and the other half by the purchaser.

XXII. And be it enacted, That every surveyor shall mark all timber and articles of lumber which do not correspond with the provisions and requirements of this Act, as refuse: and for every survey and marking shall be entitled to the like fees as are by this Act allowed for surveying merchantable Act, as refuse. timber and lumber, and on all such timber and articles of lumber, shall legibly mark or scribe the letter R, in addition to the contents and other marks by this Act required to be placed upon all merchantable timber and lumber, on the same being surveyed.

What shall be deemed merchantable

round timber or logs.

Mode of computing mea

surement of round or flatted

XXIII. And be it enacted, That in all cases, round timber or logs, and logs or timber flatted and hewed on two sides. in order to their being considered or surveyed as merchantable, shall be sound, free from large knots, rots, shakes and worm holes, detrimental to the same, and shall be measured at and after the rates following: all round timber or logs to be measured exclusive of bark, and the contents estimated at the rate of fifty cubic feet to one ton, and all timber or logs flatted or hewed on two sides, to be measured in like manner, and the contents thereof estimated at the rate of forty-five cubic feet to one ton.

XXIV. And be it enacted, That in measuring round logs. or logs flatted or hewed on two sides, every surveyor, in order to ascertain the contents of such logs or timber, shall girth or or hewed logs. measure the same at the middle of the log, and in case any logs or timber shall be covered with bark, a just and fair deduction shall be made therefor.

Mode of recov

this Act.

XXV. And be it enacted, That all fines and forfeitures ery of penalties incurred and imposed by this Act shall be recovered, with incurred under costs, if eight pounds, or under, before one or more of Her Majesty's Justices of the Peace, or Commissioner of small debts; and if above eight pounds, by bill, plaint or information in any Court of Record in this Island; the one half for the use of Her Majesty's Government, and the other half to be paid to the person or persons who shall sue for the same; provided, that all offences committed against the provisions of this Act shall be prosecuted within six months after the time the said offence or offences shall have been committed.

Nothing in this Act con

tained to affect

XXVI. And be it enacted, That nothing in this Act contained shall, in any manner affect any agreement or contract for the delivery or manufacture of any timber or other lumber

which shall have been made and entered into prior to the agreements passing of this Act, nor to any timber or any kind of lumber made before herein before enumerated, and which shall have been duly surveyed prior to the passing of this Act.

passing.

Continuance

XXVII. And be it enacted, That this Act shall be and continue in force for the space of ten years from the passing of Act. thereof, and from thence to the end of the then next session of the General Assembly of this Island, and no longer.

CAP. XX.

An Act to prevent peddlers travelling and selling within this Continued by Island without license.

BE

23 Vic. c. 8, for 10 years, &c.

quired to take

E it enacted, by the Lieutenant Governor, Council and Hawkers and Assembly, That from and after the passing of this Act, peddlers reevery hawker, peddler, petty chapman, or any other trading out licenses. person or persons going from town to town, or to other persons' houses, and travelling either on foot or with a beast of burden, or otherwise, within this Island, carrying to sell, or exposing to sale, barter or exchange, any goods, wares or merchandise, shall, before he, she or they sell, expose for sale, barter or exchange, any such goods, wares or merchandise, obtain from the Lieutenant Governor, or other Administrator of the Government of this Island for the time being, under his hand and seal, a license for that purpose; for which license there shall be Rates payable paid as follows, that is to say: for every person so travelling on foot, the sum of two pounds ten shillings per annum; for every person so travelling with a beast of burden, bearing or drawing a burden, a further sum of five pounds; the said license to be and remain in force for the space of one year following the date upon which the said license shall have been granted, and no longer; and that such license shall particu- Requisites of larly specify, whether such person so receiving the same is to travel on foot or with a beast of burden, or with a waggon, cart, sled or other carriage, according to the form contained in the schedule to this Act.

II. And be it enacted, That if any hawker, peddler, or petty chapman, or itinerant peddler, as aforesaid, shall, after the passing of this Act, be found trading as aforesaid, without having first obtained a license, as hereinbefore directed, or contrary to such license, such person shall, for each and every offence, forfeit and pay, if on foot, the sum of four pounds; and if with one or more beasts of burden, the sum of seven pounds ten shillings.

for licenses.

such licenses.

Penalty on peddlers travelling with

hawkers and

out license.