ing two sound knots not over two and a quarter inches in diameter, and all knots under that size that are perfectly sound) rents and shakes, worm holes, gum seam and gall, auger holes, and to be of equal thickness on both edges from end to end, with an allowance of one half of the straight split to the length of two feet.

Second quality pine and spruce boards and plank shall be in size same as first quality, and in quality same as number two deals, excepting the wane, which shall not exceed two thirds the length of the board or plank.

All boards and planks not classed as number one or two shall be deemed refuse.

Clear boards-Pine may be sawed out of the round log, without edging (optional with the party manufacturing the same), to be free from rots, knots, rents, shakes, worm holes, auger holes, gum seam, and gum gall, the width for measurement to be taken at the centre, inside of and not including the wane and dark sap.

Masts shall not be less than three feet and one quarter in length to every inch in diameter, to be hewed smoothly, reduced sufficiently to show the wood free from sap on the centre of all the four sides at the partners, to be as small at the butt as at the partners, and of proportionate and full size at the top, to be straight, free from rot, ring shakes, butt rots, concase or rotten knots, large knots at the top, bark on the wanes, auger holes, and other defects, to be square butted, the diameter for measurement to be taken one third from the butt, exclusive

of sap.

Spars shall be of straight growth, free from large knots, rots, and other defects, to be of proportionate size at the top with the butt, to be square butted, and the diameter for measurement to be taken one third of the length from the butt, exclusive of bark, and to be four and one half feet in length for every inch of diameter where the spar exceeds nine inches diameter, and five at least for all spars under nine inches diameter.

Lathwood shall be of straight rift, free from bark, hearts, knots, and rots, to be measured by the cord of four feet high and eight feet long, and piled as close as it can be laid.

Pine shingles shall be eighteen inches long, not less than

four inches wide and three eighths of an inch thick at the butt, free from sap, rot, and worm holes, to be put up in bundles not less than twenty five tiers or courses of twenty inches wide, four of which bundles shall be reckoned a thousand.

Cedar shingles for exportation shall be twenty inches long and three eighths of an inch thick at the butt, the said thickness to be continued three fourths of the length and shaved from thence to the point; to be from four to four and a half inches in width, and the account shall be taken by tale of ten hundred to the thousand, and that all pine shingles manufactured in the same manner for exportation shall be subject to the like rules and regulations; the whole of which cedar and pine shingles for exportation to be free from the defects above mentioned relative to shingles.

Hogshead staves shall be forty two inches long, three fourths of an inch thick on the thinnest edge, and not exceeding one and one eighth inches thick on the back, and shall also be from three and one half to five and one half inches wide.

Barrel staves shall be thirty two inches long, half an inch thick on the thinnest edge, and not exceeding seven eighths of an inch thick on the back; the whole to be of good rift, free from twists, fairly split, and free from knot holes, rotten knots, worm holes, and shakes; and the account of all staves shall be taken by tale of twelve hundred to the thousand.

8. Nothing in this Chapter shall prevent the exportation of lumber of other qualities than merchantable, if it be actually shipped and marked as it passed examination.

9. Every Surveyor under this Chapter shall mark or score in large and legible figures or characters on one of the sides of each piece of timber inspected by him, near the butt end, his own mark, the length, the purchaser's mark, and the contents, and at the place of girting the same the girt thereof for measurement: masts and spars to be marked in the same manner, having instead of the contents, the diameter at the partners; and every such Surveyor for his skill and labour in surveying, marking, and resurveying, shall be entitled to demand and receive after the following rates :

For Every ton of forty cubic feet of square timber, £0 0 4 Every thousand feet of saw logs, - 0 0 9

Every thousand feet of deals, plank, scantling,

or boards,

- 0 1 0

0 0 2

0 0 4

0

1 3

0 0 6

0 3 0

016

- 0

Barrel staves, per thousand, 10. The rates aforesaid for the survey of merchantable lumber, shall be paid by the first buyer thereof after the survey, if it be purchased within four months thereafter, but if not, the Surveyor shall be paid by the person employing him, and the seller shall remove at his own expense whatever may prevent the Surveyor from ascertaining with facility the measurement, manufacture, or quality of any article of lumber, and when required, shall cause the same to be canted, but if he refuse or neglect to do so, the Surveyor or buyer may cause it to be done, and charge the seller with the necessary expense, which may be recovered in any Court of competent jurisdiction.

11. When any lumber measured afloat shall afterwards prove unmerchantable, the purchaser shall give the seller or his agent at least ten days notice to that effect, and if the same be not removed within the time of such notice, the purchaser shall call on the Surveyor who first measured such lumber, or upon some other Surveyor, who shall examine the same, and take an account of the marks and contents thereof, and the purchaser shall cause such lumber to be put in merchantable order, under the superintendence of such Surveyor, by having it overhauled, lined, hewed, sawed, or repaired, in any way that may be thought advisable by such Surveyor, and the purchaser may charge the seller with the expense thereof, and with any deficiency in such lumber, which shall be estimated. and kept account of by such Surveyor; but no purchaser of any lumber, after having had the same in his possession more than twelve months, shall have the same repaired or resurveyed at the risk or expense of the seller. The seller of any lumber, if he reside more than twenty miles from the place of sale, shall at such sale appoint an agent, to be notified to the purchaser, to attend to such unmerchantable lumber; but the provisions of this Section shall not extend to pine and spruce saw logs.

12. If any person shall adopt or use the private mark of any Surveyor under this Chapter, by placing the same upon any piece of timber, scantling, mast, spar, or other article of lumber, or shall be guilty of plugging or wedging any timber, spars, or masts, for the purpose of covering thereby any defects in the same, or shall measure or survey any lumber intended for exportation, before filing the bond and affidavit required as aforesaid, he shall on conviction forfeit the sum of five pounds for each offence.

13. All prosecutions for penalties imposed by this Chapter shall be commenced within twelve months after the offence committed; and the penalties when recovered shall be paid, one half to the person who shall sue for the same, and the other half to the Overseers of the Poor of the Parish where the offence is committed, for the use of the Poor.

TITLE XVIII.

OF THE ESTABLISHMENT OF A BOARD OF HEALTH FOR THE CITY OF SAINT JOHN.

1. The Governor in Council may establish a Board of Health for the City and County of Saint John, or for any part thereof, and at any time dissolve or renew the same, or add to its numbers.

2. The Mayor and Recorder of the said City, with so many residents of the City and County as may be appointed by the Governor in Council, shall be members of such Board; the Mayor, or in his absence the Recorder, or in the absence of both, any other member nominated by the Board, shall be Chairman thereof. Every member of the Board, immediately after his appointment, shall be sworn to the faithful discharge of his duty before the Clerk of the Peace for the said City and

County, and shall sign the roll kept for that purpose; any five members of the Board shall be a sufficient number to proceed to business; the Board may appoint a Clerk, and the orders and regulations of the Board, signed by the Chairman and Clerk, shall be valid.

3. The Board may make regulations for the preservation of the public health, and prevention of disease within its jurisdiction, under penalties for the breach thereof, not in any case exceeding the sum of one hundred pounds, and enforce the quarantine laws relating to the said City and County.

4. The members of the Board, or other persons by them appointed, may enter into any house, building, yard, enclosure, or land not enclosed, within the jurisdiction of the Board, remove any noxious or offensive matter therefrom, cleanse, fumigate, or use any proper means for purifying the same, and cause any street or other passage way to be enclosed, and prevent all persons from entering therein.

5. The Board may regulate or prohibit the intercourse between the district under its jurisdiction, or any portion thereof, and any other part of the Province, and may cause any persons who violate its regulations or prohibitions to be apprehended, and conveyed to the vessel or place whence they last came, or elsewhere beyond the district for which the Board is appointed, or to an Hospital or other place within the same; and may adopt prompt measures to prevent the spread of disease, or communication with any vessel, house, family, or place infected; and may exercise such powers as in the opinion of the Board the circumstances of the case and the public good may require.

6. The Board may appoint a Superintendent of Partridge Island, and of the quarantine station there, and also a Physician to reside there; may order any boat or vessel within its district to be removed to the quarantine ground, or other place of safety, and all persons or things landed therefrom to be apprehended or seized, and again put on board, and may cause such removal at the expense of the master, owner, or consignee of any such boat or vessel; and no boat or vessel shall return, or person or thing be landed, without the written permission of the Board. Any putrid or dangerous matter or thing may be destroyed by order of the Board.