ANTHRACITE, BITUMINOUS, OR MINERAL COAL. 171

vessels, or measures, used for measuring charcoal, not in accordance with the provisions of this act, and also to prosecute all persons who shall offend against the said provisions. Stat. 1853, c. 305, § 4.

13. All forfeitures mentioned in the preceding sections of this act may be recovered before any justice of the peace or Police Court; and any interest which the town or city where such justice may reside, or in which such Police Court may be established, may have in or in respect to such penalty or forfeiture, shall not disqualify such justice or Police Court from acting in cases arising under this act. Stat. 1853, c. 305, § 5.

1.

II. ANTHRACITE, BITUMINOUS, OR MINERAL COAL.

Coal to be sold by weight except &c., 2000 pounds to be a ton.

2. Weighing and certificate thereof. 3. Sellers of coal not to be weighers.

4. Penalty.

5. Appointment, removal, and fees of weighers.

1. All anthracite, bituminous or mineral coal, when sold in quantities of five hundred pounds or more, except by the cargo, shall be sold by weight, and two thousand pounds avoirdupois shall be the standard for the ton by which the same shall be weighed and sold. Stat. 1855,

c. 138.

2. On or before the delivery of such coal so sold, it shall be the duty of the seller thereof to cause the same to be weighed by a sworn weigher of the town or city in which the same shall be sold or delivered, and a certificate of the weight thereof, signed by the weigher, shall be delivered to the buyer or his agent, at the time of the delivery of such coal. Ib.

3. No person engaged in the business of selling coal, shall act as a weigher under the preceding section. Ib.

4. Any person who shall offend against the provisions of either of the foregoing sections of this act, shall, for

each and every offence, forfeit the sum of thirty dollars, one-half thereof to the use of the complainant, and the other half to the use of the town or city where the offence shall be committed. Ib.

5. The board of aldermen of the city of Boston, and the mayor and aldermen of any other city, and the selectmen of any town in this Commonwealth, are hereby authorized and required to appoint one or more persons to be weighers of such coal, who shall be sworn to the faithful discharge of their duties, and shall be removable at the pleasure of the said board of aldermen, mayor and aldermen, or selectmen, and shall be entitled to such fees for their services under this act as may be ordered by the board of aldermen, mayor and aldermen, or selectmen, appointing said weighers, which fees shall be paid by the seller. Ib.

III. LUMBER AND TIMBER.

1. Towns to choose surveyors of veyed, and sold.

lumber.

2. Their duty.

3. Quality and denomination of pine

boards and planks.

4.

of pine joists.

of spruce boards, &c.

of ash, maple, &c.

of timber, except, &c.

of mahogany and cedar.

9. Hewn and sawed timber, how sur

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. c. 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. c. 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. e. 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.

1b.

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. 16. § 151.

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 mahogony, one dollar for every thousand feet, board measure; and for mahogony from the Bay of Honduras, and for cedar, seventy-five cents for every thousand feet, board measure, Ib. § 152.

13. If any surveyor shall be guilty of, or connive at, any fraud or deceit, in surveying, marking, or numbering the contents of any boards, plank, joist or timber, he shall for each offence forfeit a sum not exceeding twenty dollars; and if on due notice and request, he shall unreasonably neglect or refuse to perform the duties aforesaid, he shall for each offence forfeit a sum not exceeding twenty dollars; the aforesaid forfeitures to be recovered, by indictment or information, to the use of the town in which the offence shall have been committed. Ib. § 153.

14. No person shall sell or purchase any boards, plank, joist or timber, brought by water into said town, unless they shall be surveyed, marked and numbered conformably to the provisions aforesaid; except only such as are in