tended to be exported from any town, and shall be actually shipped for that pupose, within one year after the same shall have been sold and delivered to the person first purchasing or receiving the same, in such town. Ib. § 154. 15. Any person who shall sell or purchase any such boards, plank, joist or timber, not surveyed, marked or numbered, according to the above provisions, (subject only to exception contained in the preceding section,) shall forfeit for all boards, plank, joist and timber so sold and purchased, double the amount of fees, due for the service of surveying the same, to be recovered, by indictment or complaint, to the use of the town in which the offence shall have been committed; provided, that in the city of Boston, the city government may establish any ordinances and regulations, with suitable penalties, respecting the appointment of surveyors and the survey and admeasurement of boards, plank, timber and lumber of every description, brought by water into said city for sale, as they may from time to time determine to be expedient. Ib. § 155.

IV. SHINGLES, CLAPBOARDS AND MARBLE.

1. Surveyors of to be chosen by towns.

2. Quality, size and denomination of Shingles.

3. How branded- fees- forfeitures.

Quality and size of Clapboards. 5. Mayor and aldermen of cities, and selectmen of towns to regulate measurement of marble.

1. The inhabitants of each town shall, at their annual meeting, elect two or more suitable persons to be surveyors of shingles and clapboards; and they shall be under oath faithfully to discharge the duties of their office. R. S. c. 28, § 156.

2. All shingles made in this state, or offered for sale, shall be from fifteen to eighteen inches in length, and may be sawed or shaved; they shall be free from shakes and worm holes, and shall be half an inch thick at the butt end,

when green, and full three eighths of an inch when thoroughly seasoned, if for exportation to a foreign market and not less than one third of an inch thick at the butt, when fully seasoned, if for home use, and four inches and a half wide on an average, and none less than three inches wide, and to hold their width three fourths of the way to the thin end; and they shall be bound in bundles, which shall each contain either one thousand, one half a thousand, or one quarter of a thousand; and the quality of shingles shall be designated by the numbers one, two, three, and refuse. Ib. § 157.

3. Each surveyor of shingles shall use his best skill and judgment in affixing the qualities of all shingles surveyed by him, and in addition to affixing the town brand, shall brand each bundle with his own name, and with the number designating the quality; and all shingles branded numbers one or two, whether made of pine, spruce, or cedar, shall be free from sap; and the surveyor shall be allowed by the buyer eight cents a thousand for surveying and telling; and before any shingles are sent from the town where they are made, or at the place of first sale, before their de livery, they shall be viewed, surveyed and measured by a sworn surveyor, and the town brand set upon the hoop of the bundle; and all shingles offered for sale without being surveyed and marked as aforesaid shall be forfeited to the use of the town where they shall be so offered for sale. Ib. § 158.

4. All pine clapboards, that shall be exposed to sale, shall be made of good sound timber, clear of sap; and clapboards shall be free from shakes and worm holes, and of the following dimensions, namely, 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 or sawed. 1b. § 159.

5. The mayor and aldermen of any city or the selectmen

of any town in this Commonwealth, may establish such ordinance or regulations, with suitable penalties, respecting the appointment of a surveyor, and the survey and admeasurement of marble of every description, either foreign or American, that shall be imported or brought into such city or town for sale, as they may from time to time deem expedient. Stat. 1851, c. 100.

1. In every maritime town, from which staves are usually exported, there shall be two or more suitable persons chosen, at the annual meeting, to be viewers and cullers of staves and hoops, and they shall be sworn to the faithful discharge of the duties of their office. R. S. c. 28, § 99.

2. They shall be allowed for their time and services, as follows, namely; twenty-eight cents a thousand for barrel staves, thirty-three cents a thousand for hogshead staves, forty cents a thousand for pipe staves, and forty-four cents a thousand for butt staves, as well refuse as merchantable; the merchantable to be paid for by the buyer, the refuse by the seller; and the culler shall be allowed fifty cents a thousand for hoops. Ib. § 100.

3. All white oak butt staves shall be at least five feet in length, five inches wide, and 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 and 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 thinnest edge; all white oak hogshead staves shall be a least forty-two inches long, and not less than half an

nch thick on the heart or thinnest edge; all white oak Darrel staves, for a foreign market, shall be thirty-two nches long, and for home use, shall be thirty inches long; ind all shall average half an inch thick on the heart or thinnest edge; all white oak hogshead and barrel staves shall be at least four inches in breadth, and none less than three inches in breadth, in the narrowest part, and those of the breadth last mentioned shall be clear of sap; 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. Ib. 101.

4. 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 not be 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 dimensions than those prescribed by this law, or if any bundle shall contain less than thirty hoops, such bundle shall be forfeited and sold by the culler of hoops for the benefit of the town where it is offered for sale. Ib. § 102.

5. If any culler shall connive at or be guilty of any fraud, in the culling of staves or hoops, he shall forfeit the sum of fifty dollars for each offence; and in case of his refusal to attend to the aforesaid service, when he shall be thereto requested, he shall forfeit the sum of five dollars. Ib. § 103.

VI. UPPER LEATHER.

1. When mayor, &c., or selectmen impress on leather the measure thereof, shall appoint measurers.

2. Such measurers to go, on request, where leather is, to measure and seal it. 3. Each measurer to procure measures; also seals, with which he shall

&c.

4. Penalty for counterfeiting &c., measurer's marks on leather.

5. Fees of measurers, and by whom to be paid.

1. The mayor and aldermen of the several cities, and the selectmen of the several towns, in this Commonwealth, shall annually, in the month of April, when thereto requested by two or more citizens of said cities or towns, appoint one or more persons as measurers of upper leather, who shall be sworn to the faithful discharge of their duty. Stat. 1841, c. 119, § 1.

2. It shall be the duty of said measurers, appointed as aforesaid, to go whenever requested, to any place within the town or city for which they are appointed measurers, to measure and seal any number of sides of upper leather, made of the hides of neat cattle, buffalo or other animal, usually heretofore sold by measure, except such as shall have been previously measured and sealed by one of the measurers of the same town or city, or of some other town or city in this State, or by some person lawfully appointed for that purpose in some other of the United States. $2.

Ib.

3. Each measurer shall furnish himself with proper racks or measures, for the purpose of ascertaining the number of square feet in each side of upper leather which he shall be requested to measure, and also suitable seals, and shall impress thereon his name, and the name of the place for which he is a measurer, at full length, and also the measure thereof in square feet, as low as a quarter. 1b. § 3.

4. If any person shall counterfeit, wilfully alter or deface such marks, on any side of upper leather so measured, he shall, for each offence, forfeit the sum of twenty-five dollars, one half to the use of complainant, and one half