NOTE. Such shingles as above are considered in law merchantable.

FEES.-Six pence per thousand for surveying and telling, to be paid by the buyer.

4. Clapboards.

All pine clapboards, that shall be exposed to sale, in any town, shall be made of good sound timber, clear of sap; and all clapboards shall be free from shakes and worm holes, and of the following dimensions, viz. full five eighths of an inch on the back, or thickest part, five inches wide, and four feet six inches long, and they shall be straight and well shaved.

FEES.-Six pence per thousand for surveying and telling, to be paid by the buyer.

NOTE. If any surveyor shall connive at` or allow the breach of the statute for the measurement of boards, clapboards, shingles, staves or hoops, or be guilty of any fraud or deceit in surveying he shall forfeit ten pounds for each offence, and in case of his refusal to attend the service, when requested, he shall forfeit twenty shillings, half to the poor of the town and half to the surveyor, or other person who shall sue for the same.

If any person ship off any boards, clapboards, shingles, staves or hoops, unless the same shall first have been surveyed and marked, by a sworn surveyor, he shall forfeit twelve shillings per thousand, to be appropriated as above.

If any seller of boards, clapboards, shingles, staves or hoops, shall deliver, or any purchaser receive, any before they are marked, he shall forfeit twelve shillings per thousand, to be appropriated as above.

To all boards, clapboards, shingles, staves and hoops shipped off, a certificate shall be given by the surveyor to the master or commander of the vessel, of the quantity by him surveyed. [Duty of master and naval officer, see the statute of 1783 C. 15 and 54.]

Forfeitures for breaches of the above, may be recovered by any person that shall sue for the same, by

action, bill, plaint or information, in any court proper to try the same, or before any Justice of the Peace, if the forfeiture does not exceed forty shillings.

CULLERS OF STAVES AND HOOPS.*

OATH.

YOU solemnly swear, that you will faithfully discharge the duties of your office as a Viewer and Culler of Staves and Hoops for the town of

the ensuing year.

HEADS.

So help you God.

1 Choice. 2 Staves. 3 Hoops. 4 Fees.

1. Choice.

1783 C. 15, Sec. 4. In each maritime town from whence staves or hoops are usually exported, beyond sea, there shall be two or more suitable persons chosen by such towns, forever at their annual meetings, to be viewers and cullers of staves and hoops, who shall be under oath, faithfully to discharge their office.

2. Staves.

WHITE OAK. 1783 C. 15, Sec. 3. All white oak butt staves shall be at least five feet in length, five inches wide, one inch and a quarter thick on the heart, or thinest edge, and every part thereof. All white oak pipe staves shall be at least four feet eight inches in length, four inches broad in the narrowest part, and not less than three quarters of an inch thick on the heart, or thinest edge. All white oak hogshead staves shall be at least forty two inches long, and not less than half an inch thick on the heart, or thinest edge. All white oak barrel staves, for a foreign market, shall be thirty.

*Part of the duty of Culler of Staves and Hoops will be found under Surveyors of Lumber.

two inches long; and for home use, shall be thirty inches long; and shall be half an inch thick, on the heart or thinest edge. And all white oak hogshead and barrel staves shall be at least, one with another, four inches in breadth, in the narrowest part; and those of the breadth last mentioned shall be clear of sap.

RED OAK. All red oak, hogshead and barrel staves shall be of the same length, width and thickness with the white oak hogshead and barrel staves above mentioned: And all staves shall be well and proportionably split.

No staves shall be offered for sale in any town unless they are of the dimensions above named.

3. Hoops.

1783 C. 15, Sec. 3. All hogshead hoops that shall be exposed to sale or exported, shall be from ten to thirteen feet in length, and shall be made of white oak or walnut, and of good and sufficient substance, well shaved; those made of oak shall not be less than one inch broad at the least end, and those made of walnut shall be not less than three quarters of an inch broad at the least end; each bundle shall consist of thirty hoops; and all hoops, of ten, twelve and thirteen feet respectively, shall be made up in distinct bundles by themselves; and if any hoops are packed of less dimension than those prescribed by law, or if any bundle shall contain less than thirty hoops, such bundle shall be forfeited and sold for the benefit of the poor of the town where it is offered for sale.

6. Fees.

Sec. 4. One shilling and eight pence per thousand for barrel staves-two shillings per thousand for hogshead staves-two shillings and four pence per thousand for pipe staves-two shillings and eight pence per thousand for butt staves, and three shellings per thousand for hoops.

The merchantable to be paid for by the buyer, and the refuse by the seller.-Fees are the same for refuse as for merchantable.

NOTE. Sec. 5. All staves that shall be exported shall be first culled, and all hoops viewed and surveyed; and a certificate shall be given by the culler or surveyor, to the master of the vessel, of the quantity by him culled and surveyed; and the bands with which the bundles of hoops are bound, shall be sealed with the brand of the town where they are exported.

TYTHINGMEN.

OATH.

1791 C. 58, Sec. 10] YOU, being chosen Tythingman for the town of for the year ensuing, and until another shall be chosen in your room, do solemnly swear, that you will diligently attend to, and faithfully execute the duties of the said office, without partiality, and according to your best discretion and judgment. So help yau God.

1786 C. 68, Sec. 19. The selectmen of each town or district, respectively, shall take due care that tythingmen be annually chosen, at the general meeting for the choice of town officers, as is by law provided; and upon any vacancy, to fill up the number at any other town meeting; which tythingmen shall have power, and whose duty it shall be, carefully to inspect all licensed houses, and to inform of all disorders or misdemeanors which they shall discover, or know to be committed in them, or any of them, to a Justice of the Peace, or to the General Sessions, within the same county, as also all such as shall sell spirituous liquors, without license: And in like manner to inform of all idle and disorderly persons, profane swearers or cursers, sabbath breakers and the like offenders, to the intent that they may be punished: Every of which tything

man shall be sworn, as other officers are, to the faithful discharge of his office.

1791 C. 58, Sec. 11. The oath of any tythingman shall be deemed full and sufficient, in any trial for any offence against this act, unless, in the judgment of the court or Justice, the same shall be invalidated by other evidence that may be produced.

Sec. 10. Tythingmen shall be held and obliged to inquire into and inform of all offences against the statute of 1791 C. 58; and every tythingman is authorised and empowered to enter into any of the rooms and other parts of an inn or public house of entertainment, on the Lord's Day, and the evening preceding and succeeding; and if such entrance shall be refused, the landlord or licensed person shall forfeit the sum of forty shillings for each and every offence. And they are further authorized and empowered, within their respective towns, to examine all persons whom they shall have good cause, from the circumstances thereof, to suspect of unnecessarily travelling on the Lord's Day, and to demand of all such persons the cause thereof, together with their names and places of abode; and if any person shall refuse to give answer, or shall give a false answer to such demand, he shall pay a fine of not exceeding five pounds nor less than twenty shillings; and if the reason given for such travelling shall not be satisfactory to such tythingman, he shall enter a complaint* against the person travelling, before any Justice of the Peace in the county where the offence is committed, if such person lives in the county, otherwise shall give information thereof to some grand jury man, to be laid before the grand jury.

1798 C. 20, Sec. 4. They, and the selectmen,

* Pearce vs. Atwood. Mass. Rep. vol. 13, p. 324. The statute of 1791 C 58, does not authorize a Justice of the Peace to receive a complaint and issue a warrant on the Lord's Day, for a violation of that law merely by travelling. An arrest made on the Lord's Day pursuant to a warrant so issued, is illegal and the officer making it is a trespasser.