and spars, except in cases where, by express agreement, they are required both to measure and inspect, and in such cases there shall be no other deduction made, than what, in their judgment, is the exact quantity of unsound timber contained therein; and said inspectors shall render to their employers such bills as shall express whether the lumber has been measured only, or whether, it has been both measured and inspected, together with the num ber of feet contained therein. V. And be it further enacted, That if any person or persons shall ship on board any ship or vessel for exportation to foreign market, any lumber, that has not been inspected by some of said inspectors, he or they shall forfeit and pay for every thousand feet superficial measure, the sum of two dollars and fifty cents, and for every thousand feet cubic measure, the sum of five dollars, to be recovered with costs of suit, in any court having cog nizance of the same, the one half to the use of the poor in the city or town in which such suit may be had, and the other half to the prosecutor; and if any person, other than those appointedby law, shall be convicted of practising the duties of inspectors of lumber, to the injury of said inspectors, such offender shall for feit to the inspectors ten dollars for every such offence, to be recovered as aforesaid. VI. And be it further enacted, That the said inspectors shall mark with a marking iron, on all timber by them inspected, the number of feet contained therein, either in cubic or superficial measure, except on mahogany, red cedar and live oak, the number of feet in which shall be expressed in their bills, severally annexed to the number of each log, and all raft timber shall be numbered, and the bills made in like manner; and the said inspectors shall be entitled to receive as a compensation for their services, the following sums, viz: On all raft timber, inspected and measured, for every ton consisting of forty cubic feet, fourteen cents; on all raft timber, only measured, for every ton, six cents; for every thousand feet, superficial measure, of boards, plank and scantling, thirty-seven and a half cents; for every thouand feet, superficial measure, of mahogany, one dollar; and in all cases where their fees cannot be calculated by reference to this act, the said inspectors may receive whatever compensation their employers may freely consent to pay: Provided, The inspectors first make known the fees allowed by this act; Provided also, That the purchaser shall pay one half of said inspection, and the seller the other half. VII. And be it further enacted, That the act, entitled "an act for the inspection of lumber," passed the twenty-first day of March, one thousand eight hundred and one, shall be and is here by repealed. An ACT to regulate the tare of BUTTER FIRKINS, and for other purposes. Passed April 12, 1816. I. Be it enacted by the people of the state of New-York, represented in Senate and Assembly, That from and after the first day of March next, any irkin in which any butter or lard shall be packed for sale, shall be carefully weighed by the person or persons packing the same, and the true weight of such firkin shall be marked or stamped, in a legible or durable manner, on one' of the staves thereof, together with the initial letters of the name of the person so packing the same. H. And be it further enacted, That from and after the day. aforesaid, no butter or lard shall be exposed to sale in any firkin, unless such firkin shall be so marked or stamped as aforesaid; and that if any person shall knowingly expose or offer for sale, any firkin of butter or lard, not marked or stamped as aforesaid, he shall forfeit and pay the sum of three dollars for every offence, to be recovered by any person who shall sue for the same, in an action of debt, in any court having cognizance thereof. III. And be it further en icted, That if any person, from and after the dayoresaid, shall put any false mark on any such firkin, or shall expose or offer for sale, or shall sell any butter or lard, in any firkin which such person shall know to be falsely markel, such person shall forfeit and pay the sum of five dollars for every offence, to be recovered by any person who shall sue for the same in manner aforesaid. IV. And be it further enacted, That on every sale of any firkin of butter or lard, the weight so marked or stamped on such firkin, together with an addition of two pounds weight, shall be deemed and taken to be the tare of such firkia. THE COUNTY AND TOWN OFFICER. PART SECOND. CHAP. I. WE have in the former part of this work noticed the formation of the larger civil divisions of this state, consisting of districts and counties, prefatory to the view we have taken of the duties and offices of county officers. Previous to the consideration of the second branch of our proposed subject, it may not be improper to remark, that as the said districts are composed of an indefinite number of counties, and the counties of an indefinite number of towns, so the towns consist of an unlimited number of families, and are in fact the smallest sectional parts of the civil divisions of this state. But let it not be supposed, that they are on that account entitled to no other than a subor dinate regard. For if we reflect, that in a republican government, the powers devoted to the management of its civil and political policies, emanate directly from the people, may we not infer, that the nearer we approach the confines of their immediate jurisdiction, the more perfect will be our view of the genius and elementary principles of the government, and hence that an acquaintance with the regulations of towns and the duties of town officers, becomes a very important branch of science, not only for the state politician, but for every citizen. |