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that I will not seal or give any certificate of correction for any scale, weight or measure, that does not as nearly as possible agree with the standard in my keeping, as the standard of the State of Idaho, and of the United States, and I will to the best of my ability execute and discharge truthfully and faithfully the trusts imposed upon me, so help me God," which oath or affirmation shall be filed in the office of the Secretary of State.
SEC. 10. In the sale of fruits, vegetables and other articles sold by measure two thousand five hundred and sixtyfour (2561) cubic inches shall constitute a bushel. The hundred weight shall consist of one hundred pounds, and twenty such weights shall constitute a ton. Whenever any of the following articles shall be contracted for or sold or delivered and no special contract or agreement shall be made to the contrary, the weight per bushel shall be as follows, to wit: Wheat sixty (60) lbs; clover sixty (60) lbs; rye or Indian corn fifty-six (56) Ibs; oats thirty-six (36) pounds; barley forty-eight (48) Ibs; buckwheat forty-two (42) lbs; dried apples, prunes or peaches twenty-eight (28) pounds; potatoes sixty (60) lbs; green apples, pears or prunes forty-five (45) lbs; flax seed fifty-six (56) lbs.
SEC. 11. Who ever in buying any of the said articles mentioned in the preceding section shall take any greater number of pounds thereof to the bushel, or in seiling any of said articles shall give any less number of pounds thereof to the bushel, than is allowed by said section with intent to gain advantage thereby except when expressly authorized so to do by special contract or agreement to that effect shall be liable to the party injured for double the value of property so wrongfully taken or not given and ten dollars in addition, to be recovered in any court of competent jurisdiction.
SEC. 12. Whereas an emergency exists therefor this act shall take effect and be in force from and after its passage an dapproval by the Governor.
Approved the 6th day of March, 1903.
HOUSE BILL NO. 91.
MEASUREMENT OF LOGS TIMBER, LUMBER, STULLS,
DESIGNATING LUMBER DISTRICTS AND PROVIDING FOR
Be it enacted by the Legislature of the State of Idaho:
SECTION 1. Lumber districts are established and shall be designated by the following numbers respectively:
The Point Orelles river and its tributaries within the State of Idaho, number one.
Couer d'Alene lake and all of the streams tributary to and emptying into same and all of the streams tributary to said streams in the State of Idaho, number two.
The Palouse river and its tributaries within the State of Idaho, number three.
The Payette river and its tributaries in the State of Idaho, number four.
All the Clearwater river in Idaho, number five.
SEC. 2. The Governor shall appoint an inspector for each of said lumber districts, who shall be styled "Lumber Inspector of District No. ..... (designating the proper district); he shall at the time of his appointment be a citi. zen of the State and reside within the lumber district for which he is appointed; his term of office shall be two years and commence on the first Monday in April of the year of his appointment, but the incumbent shall hold until his successor is appointed and qualified. All vacancies in such office shall be filed by like appointment and if such vacancy occurs before the expiration of the term it shall be filled for the residue of the term only.
SEC. 3. Each lumber inspector shall, before entering upon the duties of his office ,take and subscribe an oath that he will faithfully discharge the duties of his office to the best of his knowledge, judgment and ability, and execute to the county in which his office shall be kept, a bond, with three or more sureties to be approved by the treasurer and county judge, in the sum of five thousand ($5,000) dollars, conditioned that he will faithfully perform his duties as lumber inspector of district .. (giv- , ing number) and deliver to his successor in office all bills, papers, journals, books and other effects, appertaining to his office. Such oath of office and bond shall be filed in the office of such county treasurer; and any person feeling himself aggrieved may commence an action in his own name on said bond in like manner as actions may be brought on other official bonds.
SEC. 4. The inspector of lumber district number one shall keep his office at Sandpoint, Idaho; of district number two at Harrison, Idaho; of district number three at Princeton, Idaho; of district number four at Emmett, Idaho; of district number five at Lewiston, Idaho.
SEC. 5. Each such inspector may divide his district into sub-districts as he may deem best and for each sub-district as well as for any specific purpose, may appoint one or more deputies, for whose conduct and fidelity in the discharge of his duties as such he shall be responsible upon his official bond; each of said lumber inspectors shall have power and authority to administer oaths to their several deputies or for any purpose relating to the duties of their office.
SEC. 6. Each lumber inspector shall, in person or by deputy, at the request of any owner of logs, timber or lumber, after a scalement or measurement thereof, make a bill stating therein the number of logs the number of feet, board measure, contained in such logs and lumber, and the number of feet, cubic running or board measure, contained in said timber, and at whose request the same were scaled or measured, and to whom scaled or measured a copy of which he shall enter upon the books of his office, to be provided by him and kept for that purpose, with the marks as they occurred upon the logs. A correct bill of the same shall be given to such owner, with a certificate thereto attached that it is a true and correct bill, which bill so certified shall be presumptive evidence of the facts therein contained and of the correctness of such scalement or measurement in all courts, except in favor of the inspector who made the same.
SEC. 7. Each lumber inspector and his deputies shall, in surveying or measuring logs, make such allowance for hollow, rotten or crooked logs as would make them equal to good, sound straight, merchantable logs; and all logs that are straight and sound are to be measured at their full size, inside the bark at the small end. Each lumber inspector shall require of each of his deputies, at the end of each month, a correct account of all the logs, lumber or timber, measured by him during the month next preceding, and he shall immediately enter such account upon the books of his office.
SEC. 8. Unless otherwise agreed upon the Scribner decimal rule shall be the standard rule for scaling or measur
ing logs in the said districts; but in all cases the bill of the inspector shall state by what rule the logs were scaled or measured.
SEC. 9. Any owner of logs or timber in any of said lum: ber districts may use thereon any mark not before recorded and used by any other person in the same district; but before any such mark shall be used it shall be the duty of such owner in tending to use the same to cause a diagram and a full and complete written description of his mark, signed by him to be recorded in the office of the inspector, who shall record the same, provided the mark, diagram and description are different from any other mark, diagram and description recorded in his office.
It shall be the duty of such inspector to keep a book for such purpose of recording all assignments and transfers or marks so recorded, which book shall at all reasonable times be open to public inspection. No person shall use any mark on any logs or timber until he shall have caused a diagram and description thereof to be so recorded, and no person shall use any mark previously recorded and used by another in the same district unless-authorized so to do by an instrument in writing executed and acknowledged by the owner of such mark and recorded in the office or offices where said mark is recorded. No person shall mark any prize log. Any person offending against any of the provisions of this section shall forfeit ten ($10) dollars, onehalf of which shall be paid to the person prosecuting therefor.
SEC. 10. All mortgages, liens, bills of sale or other written instruments in any way affecting the ownership of any marked logs in any lumber districts which shall specify the marks placed upon said logs and when they were cut shall be recorded in the office of the lumber inspector in which said marks were recorded; and no such conveyance, lien, mortgage or transfer, shall be voted, except as to the parties thereto, until the same is so recorded, or until the same shall be filed with some deputy lumber inspector, who shall immediately forward such instrument to the inspector of the proper district. Such filing and recording of all such instruments and papers shall have the same effect as the recording of deeds and mortgages in the office of the register of deeds.
SEC. 11. All prize logs shall be divided between the owners in each sub-district in proportion to the number of logs owned by each person or company, respectively, in each sub-district; and prize logs are hereby defined to mean such logs as bear no mark or marks and all logs bearing marks not recorded or claimed within one year after any general drive. And any person with whose logs or timber in any waters of this State, such prize logs or timber shall become so intermixed that they can not be conveniently separated for the purpose of being floated to the market or place of manufacture may drive all such logs or timber with which his own may be intermixed toward such market place, when no special or different provisions is made by law for driving the same, and shall be entitled to reasonable compensation from the owner for driving such logs or timber, to be recovered after demand therefor on said owner or agent if known; and he shall have a prior lien thereon until thirty days after they arrive at their place of destination to enable him to attach the same; and if the owner thereof can not be ascertained the property shall be liable according to law and enough to be disposed of to defray the expenses thereof.
SEC. 12. Each lumber inspector shall be entitled to receive the following fees for services, viz; five cents per thousand feet for measuring or scaling and making out survey bills for all logs he is called upon to measure or scale; and twelve cents per thousand feet, running measure, for measuring square timber, stulls, railroad ties, telegraph and telephone poles, and cedar posts; and in all cases such fees shall be paid by the owner of the logs, timber, or lumber scaled or measured; for recording each mark or assignment thereof, fifty cents. For recording any mortgage, bill of sale or other written instument, the same fees allowed by law to registers of deeds for recording like instruments.
Approved the 10th day of March, 1903.
HOUSE BILL NO. 93.-SUBSTITUTE FOR HOUSE BILL NO. 15.
AN ACT TO AMEND SECTION 1 OF CHAPTER OF AN ACT ENTITLED,
“AN ACT TO SECURE LIENS FOR MECHANICS, LABORERS,
THE SEVENTH DAY OF FEBRUARY, 1899.
SECTION 1. That Section 1 of Chapter 3 of an act en