TITLE 2 an inch thick at the butt, straight rifted, and shall hold their width three-fourths of the way to the thin end, and be well shaved: ers of shin gles. How to be packed. Penalty. Fees. All shall be made of good stuff and free from imperfections, shall be cut square across the butts, and shall be packed in good and sufficient bands of hard wood, and well secured by wedges: Refuse shingles shall be branded R, and shall consist of all such as will not pass inspection for either of the other classes, unless they shall be so bad as not to be worth half the price of No. 1, in the estimation of the inspector, in which case they shall be branded 0.30 $124. It shall be the duty of the owner of shingles presented for inspection, or his agent, to place such shingles as are required to be inspected, in such a situation as that the bundles may be conveniently examined by the inspector or his assistants.30 $ 125. No quality of shingles shall pass inspection unless so packed as to contain by admeasurement, either one-quarter thousand, onehalf thousand, or three-quarters of a thousand in each square bundle. Shingles inspected under the preceding provisions shall not be subjected to re-inspection in this state. 30 $126. If any inspector, his deputy, or assistants, shall be guilty of any fraud or neglect in the inspection of shingles, contrary to the true intent and meaning of the preceding provisions, or shall brand or mark any shingles which he has not inspected, he shall forfeit and pay for each bundle so falsely branded or marked, one dollar, to be sued for and recovered by the person or persons injured thereby. 30 $127. The inspector shall be allowed for his fees for inspecting and branding at the rate of twelve cents per thousand for all shingles he shall so inspect, one-half to be paid by the buyer, the other half by the seller, but in no case shall the inspector be the purchaser. 30 ARTICLE SEVENTH. Of the Inspection and Culling of Staves and Heading. SEC. 128. No staves or heading to be exported without inspection. 129. What staves to be culled as merchantable. 130. Inspector-general to superintend cullers in his county; he may remove them. 131. Cullers in New-York and Albany to make monthly return to inspector-general 132. Disputes respecting culling of staves, &c. how to be determined. 133. Fees of inspector-general; by whom paid. 134. Fees of cullers in New-York and Albany. 135. Fees of cullers in other cities and counties. 136. Inspector-general of New-York to have power to search vessels, &c. 137 & 138. Cullers in other counties to apply to a justice for a warrant to search vessels. 139. Cullers may seize staves or heading shipped contrary to law, and detain them. 140. Penalty for shipping staves or heading contrary to this Article. 141. Inspectors-general and cullers in New-York and Albany, not to trade in staves, &e 142. Inspectors-general to furnish cullers a copy of this Article, and of future laws. 143. Inspectors-general to make annual report to governor. (30) Act of the 19th of April, 1828, p. 332, chap. 261. ART. 7. $128. No staves or heading shall be exported by sea from this state, to any port out of the territorial limits of the United States, un- Staves and less they shall be inspected and culled, in the manner herein after heading to provided, and on such inspection shall be declared merchantable.31 be inspected. spection. $ 129. All staves and heading, intended for such exportation, shall Manner of inbe inspected, by an inspector-general or culler of staves and heading, at the port whence they are to be shipped, and none shall be culled as merchantable, on such inspection, unless they shall be of the following description : 1. All butt staves shall be made of good white oak timber, and Butt staves. shall be of the following dimensions: the long butts shall be five feet six inches long, the short butts four feet six inches long, and both at least five inches broad when dressed, clear of sap, two inches thick on the thinnest edge, and not more than two and an half inches thick, in any place, and shall be regularly split with the grain of the wood, and free from twist, and be otherwise good and sufficient : 2. All pipe staves shall be made of good white oak timber, and Pipe staves. shall be four feet six inches long, and shall work three inches broad when dressed, clear of sap, and shall be three quarters of an inch thick on the thin edge, regularly split with the grain of the wood, and shall not have more than six worm holes, and be otherwise good and sufficient : 3. All white oak hogshead staves shall be made of good timber, Hogshead and shall be three feet six inches long, and shall work three inches broad when dressed, clear of sap, and shall be three quarters of an inch thick on the thin edge, regularly split with the grain of the wood, and shall not have more than four worm-holes, and shall be otherwise good and sufficient : 4. All barrel staves shall be made of good white oak timber, and Barrel staves. shall be two feet eight inches long, and shall work three and a half inches broad when dressed, clear of sap, and shall be three quarters of an inch thick on the thin edge, regularly split with the grain of the wood, and shall not have more than four worm holes, and shall be otherwise good and sufficient: 5. All hogshead heading shall be made of good white oak timber, Hogshead and shall be two feet eight inches long, and shall not be less than five inches broad, clear of sap, two thirds of which shall be fit for middle pieces, and shall not be less than three fourths of an inch thick on the thin edge, regularly split with the grain of the wood, and be otherwise good and sufficient: staves. 6. All red oak, or rock oak hogshead staves, shall be three feet six Hogshead inches long, three and a half inches broad, including sap, or three (31) This Article is a revision of the following statutes: 2 R. L. 336; Laws of 1821, p. 33; 1823, p. 49; 1827, p. 246. TITLE 2 inches broad clear of sap, and shall be three quarters of an inch thick on the thin edge. $130. Every inspector-general of staves and heading, shall superintend the cullers of staves and heading within the city and county for which he is appointed, and shall give them such instructions and directions, as he may deem necessary to carry into execution the laws prescribing their duties; he may remove from office any such culler who, in his opinion, shall violate or neglect, or be incompetent to perform, his duties, and shall give immediate notice to the governor, of every vacancy that shall occur in the office of any culler, under his superintendence. $131. The cullers in the cities and counties of New-York and Albany, shall obey such instructions as from time to time they shall receive from the inspector-general, for the city and county for which they shall respectively be appointed, and each of them, as often as once in every month, shall make a return to such inspector-general, of the staves and heading culled by him, specifying the different times, and the names of the persons for whom they were culled. $132. The inspectors-general shall have the sole power of determining all disputes that shall arise respecting the culling of staves and heading in the cities and counties for which they are appointed; but in counties where there is no inspector-general, every dispute between the buyer and seller of staves and heading, respecting the culling thereof by the culler employed for that purpose, shall be submitted to two persons, one to be chosen by the buyer, and the other by the seller, who shall be associated with such culler, and their determination, or that of any two of them, shall be conclusive. $133. Each inspector-general shall be entitled to receive, on every thousand merchantable staves and heading, which shall be culled in the city and county for which he is appointed, ten cents, one half to be paid by the buyer, and the other half by the seller; and for all such staves or heading as are culled out, and not merchantable, he shall be entitled to receive, from the proprietor thereof, the same compensation. $134. The cullers in the city and county of New-York, and in the city and county of Albany, shall be entitled to receive, as a compensation for culling every thousand pipe staves, sixty cents; for every thousand hogshead staves and heading, fifty cents; for every thousand barrel staves, forty cents; for every thousand long butt staves, one dollar and twenty cents; for every thousand short butt staves, one dollar, and no more; one half to be paid by the buyer, and the other half by the seller; and for all such staves or heading as are culled out and not merchantable, they shall be entitled to receive from the proprietor thereof the same compensation, in all cases: ten hundred staves or heading to a thousand, and no more. $ 135. The cullers in the other cities and counties of this state, shall be entitled to receive the following compensation, computing twelve hundred staves or heading to a thousand: For culling every thousand pipe staves, fifty cents; for every thousand hogshead staves and heading, thirty-seven and an half cents; for every thousand barrel staves, twenty-five cents; for every thousand long butt staves, one dollar and twenty-five cents; for every thousand short butt staves, one dollar : one half of which compensation shall be paid by the buyer, the other by the seller. For staves and heading that shall be culled out as not merchantable, the owner shall pay to the culler the price of culling merchantable staves and heading. Ib. ART. 7. duties of in nerul in New $136. The inspector-general for the city and county of New-York Powers and shall have full power, and it shall be his duty to enter on board of spector-geevery ship or vessel within the limits of such city or county, which York. he shall suspect to have on board, shipped for exportation, any staves or heading not culled according to law, or condemned on culling as not merchantable, and to seize and cause to be re-landed, all such staves and heading that he shall discover on such search, and all such as he shall find to be sawed in two or more parts. The staves and heading so seized shall be forfeited, and be sold by the inspector-general; and the proceeds thereof, deducting necessary expenses, shall be paid by him to the chamberlain of the city of New-York, for the use of the poor of that city. $137. It shall be the duty of every culler, in every county, ex- Ib. of culiers. cept in the city and county of New-York, who shall suspect that any staves or heading not culled, or condemned on culling, have been shipped for exportation to a foreign market, on board of any vessel within the limits of the county for which he is appointed, to apply to some justice of the peace in the same county, and to make oath before him of such suspicion, and the causes thereof. S138. The justice so applied to, if he shall deem the suspicion Proceedings. well founded, shall issue his warrant to such culler, authorising him to enter on board of any vessel within the limits of the county, and to search for and make discovery of any such staves or heading, shipped for exportation contrary to law. $139. If such culler shall discover on board of any such vessel Ib. any staves or heading shipped for exportation contrary to law, he shall seize the same, and cause them to be re-landed, and shall detain them in his possession, until the owner thereof shall have paid the expense of such search and re-landing. $140. Every person who shall ship for exportation, contrary to Penalty on the provisions of this Article, any staves or heading, shall forfeit five shipper. TITLE 2. dollars for every thousand of such staves and heading, so illegally shipped; and every master of a vessel shall forfeit two dollars and fifty cents for every thousand of staves and heading, that he shall take on board his vessel, to be exported contrary to law. On inspectors and cullers. Duty of inspector gen'l. Ib. Annual report. Flax-seed to be inspected. How put up. $141. No inspector-general, or culler of staves and heading, in the city and county of New-York, or in the city and county of Albany, shall buy or sell, either on his own account, or as agent or dealer for any other person, any staves or heading whatever, under the penalty of fifty dollars for each offence; but this section shall not be construed to prevent an inspector-general, or culler, who shall be a cooper, and actually carrying on business as such, from buying staves and heading for the use of his trade. $142. It shall be the duty of each inspector-general, to furnish to every culler under his superintendence, a copy of this Article, and of every future law that shall be passed, regulating the culling of staves and heading, within the city and county for which he is appointed. $143. Each inspector-general shall make an annual report to the governor, to be by him laid before the legislature, and in such report shall state what number of the respective kinds, of staves and heading, have been culled during the year for which the report is made, in the city and county for which he is appointed, and shall set forth whether any, and if any, what amendments ought to be made to the laws regulating the culling of staves and heading, within such city and county. ARTICLE EIGHTH. Of the Inspection of Flax-Seed. SEC. 144. No flax-seed to be shipped from New-York without inspection. 146. Casks to be marked or branded. 147. Duty of inspectors. 148. Penalty for acting as inspector without authority. 149. Penalty for lading vessels with uninspected flax-seed, to export from New-York. 150. Inspectors may employ deputies. 151. No inspector or deputy to trade in flax-seed. 152. Fees of inspector. 153. To receive fees for measurement in certain cases. $144. No flax-seed shall be shipped for exportation, to any foreign market, from the city and county of New-York, unless it shall have been inspected, approved and branded, according to the provisions of this Article.32 $145. All flax-seed intended for such exportation, shall be put in good and strong casks; such casks shall be of two sizes, one size to contain not less than seven, and the other not less than three and a half bushels. (32) This Article is a revision of the act of 1822: Laws of 1822, p. 148. |