for Fraud and (1235.) SEc. 89. If any culler shall connive at, or be guilty Penalty on Culler of, any fraud in the culling of staves or heading, he shall for- neglect. feit the sum of fifty dollars for each offence; and in case any culler of staves and heading shall unreasonably neglect or refuse to attend to the services required of him, when he shall be thereunto requested, he shall forfeit the sum of fifty dollars for every such neglect or refusal. this Chapter. (1236.) SEC. 90. Nothing in this chapter contained shall be Construction of so construed as to render it obligatory upon any person to have any of the articles therein mentioned inspected; but all contracts for the sale or manufacture of any such articles, shall be deemed to be made with reference to the provisions of this chapter regulating the quality, quantity, and other description thereof, respectively, unless the parties shall otherwise expressly agree. An Act to Provide for the Inspection of Lumber. [Approved February 12, 1855. Took effect May 16, 1855. Laws of 1855, p. 266.] ber to be appoint (1237.) SECTION 1. The People of the State of Michigan enact, Inspector of LumThere shall be appointed a State Inspector of lumber, who ed. shall receive his appointment and commission from the Governor, and shall hold his office for two years, unless sooner removed, and shall keep his office in the City of Detroit, and shall have power to appoint one Inspector in each county, to To appoint Counbe called the County Inspector, and such other deputy Inspec- Inspectors. tors in each city or town as shall be necessary to carry out the provisions of this act. ty and Deputy etc., for Inspec (1238.) SEC. 2. The State Inspector shall make all necessary To make Rules, and proper rules and regulations relative to the inspection of ion of Lumber. lumber in this State, and shall furnish such instructions to all county and deputy Inspectors, from time to time, as shall cause the system of inspection to be uniform and regular, as far as may be, throughout the State, subject to the following provisions: Lumber, etc. 1. All lumber for the purposes of inspection shall be classi- Classification of fied as follows: 1st quality, or clear; 2d quality, or middlings; 3d quality, or fair common; 4th quality, or common; [5th], culls, or culls; 2. Each quality, with the imperfections allowed therein, Further duties of shall be specified and described, as far as practicable, by the Compensation. Inspection to parties, etc. State Inspector, and shall be the sole rule of inspection of all the county and deputy Inspectors; 3. There shall be paid to the Inspector twenty cents per thousand, one half by the seller, and one half by the purchaser, on each and every thousand feet, board measure, of lumber inspected under the provisions of this act; each deputy To give copy of Inspector shall give, with all practicable despatch, to the seller and purchaser, and to each of them, a certified copy of each inspection, free of charge; and shall also deposit forthwith a certified copy of the same with the County Inspector, who shall also return the aggregate lists of all inspections in his county to the office of the State Inspector, as often as once in each month. To keep a Record. tributed. (1239.) SEC. 3. The State Inspector, County Inspector, and each deputy Inspector, shall keep a full record of all inspections, with the names of purchaser and seller, time of inspection, qualities and quantities of lumber inspected, and place where Fees, how dis- inspected; and the State Inspector shall prescribe what portion of the amount herein allowed for inspection shall be severally allowed to the deputy, county, and State Inspector, but no other fee, perquisite, or remuneration, shall be demanded Inspection of or allowed, other than that herein provided. That nothing pulsory. herein contained shall be construed as compulsory on any party to have his lumber inspected, but such inspection shall in all cases be optional with the holder or owner. Lumber not com Penalty for anfairness in Inspector. (1240.) SEC. 4. The State Inspector, his deputies and assistants, shall inspect all lumber with fairness and impartiality; and in case any Inspector, deputy, or assistant employed, shall, either, or any of them, practice favoritism, and shall not so inspect lumber as aforesaid, he or they shall be deemed guilty of a misdemeanor, and may be punished by fine and imprisonment, in the discretion of the Court: Provided, That such fine shall not exceed one hundred dollars, nor such imprison ment more than three months in the county jail. of Weights and (1241.) SECTION 1. The weights and measures, together with Public Standards the scales and beams, and those made in conformity there- Measures. with, which are now, or may hereafter be deposited in the Treasury of this State, shall be preserved by the Treasurer, and be the public standards. duties. (1242.) SEC. 2. The Treasurer of the State shall be the state Sealer, his State Sealer of weights and measures, and he shall have and keep a seal, which shall be so formed as to impress the letter "M." upon the weights and measures, and scales and beams, to be sealed by him, with which he shall seal all such authorized public standards of weights and measures, and all the weights and measures, and scales and beams to be provided by the several counties, when examined by said Treasurer, and found to be in conformity with the standard weights and measures, and scales and beams aforesaid. procure Standard (1243.) SEC. 3. The Board of Supervisors for each county Supervisors to for which the same have not already been obtained, shall pro- from State cure, for the use and at the expense of their county, a com Sealer, etc. to be deposited duties. plete set of weights and measures, and scales and beams, in exact conformity with those remaining in the State Treasury; except that the same may be made of such suitable materials as the Supervisors may direct, which shall be tried and proved by the said Treasurer, and by him sealed and certified. County Standard (1244.) SEC. 4. When so sealed and certified, such weights. with Clerk; his and measures, scales and beams, shall be deposited with the County Clerk, who shall be the sealer of weights and measures for the county, and the same shall be kept by him as the standard of weights and measures for the county; and the said clerk shall also provide and keep a seal similar to the seal required to be kept by the State Treasurer, with which he shall seal the weights and measures, and scales and beams, to be provided by the several townships. County Standard to be tried once in five years. When County Treasurer. (1245.) SEC. 5. Once in every five years from the first day of January, eighteen hundred and forty-five, each County Clerk for the time being shall cause the said standards in his keeping to be tried, proved and sealed by the State standards, under the direction of the State Treasurer. (1246.) SEC. 6. If the Board of Supervisors of any county procured by which has not heretofore provided such standards, shall neglect for six months to provide the same, and cause them to be tried and proved, and sealed as aforesaid, and delivered to the clerk of the county, it shall be the duty of the clerk to notify the County Treasurer of such neglect, and such County Treasurer shall immediately provide such standards, and cause the same to be tried, proved, sealed, and deposited as aforesaid, at the expense of his county. Standard for each Township, how procured, etc. (1247.) SEC. 7. The Township Board of each township shall procure to be made and provided, when it shall not heretofore have been done, for the use, and at the expense of the township, a complete set of weights and measures, and scales and beams, in conformity with the standards kept by the clerk of the county, which shall be tried, proved and sealed, and certified by the County Clerk, by the standards remaining in his office, and such weights and measures, scales and beams, so tried, sealed and certified, shall be delivered to, and kept by the clerk of the township, as standards for the township; such township standards to be made of such suitable materials as the Township Board shall direct; and the said board shall also provide a seal similar to the State seal, to be kept by the Township Clerk. his duty. (1248.) SEC. 8. The Township Clerk of each township shall Township Sealer, bethe Sealer of weights and measures therein, and shall have the care and custody of the standard weights and measures of his Township, and shall seal weights and measures, scales and beams, used within his township, after having tried and proved them by the township standards. (1249.) SEC. 9. The clerk of each township shall, once in Ibid. each year, some time in the month of April, put up a written notice in three of the most public places in the township, stating therein the time and place when and where he will attend such of the inhabitants as live within the limits described in the several notices aforesaid, and seal all such of their great and small scales, beams, weights and measures, as are found to be accurate, and as they shall bring for that purpose. Township Clerk. (1250.) SEC. 10. The Township Clerk shall be entitled to compensation of demand and receive from the person from whom the service is rendered, for trying, proving, and sealing as aforesaid, three cents for each scale, beam, weight or measure found not to be conformable thereto, and two cents for each scale, beam, weight or measure found to be conformable thereto. to Stores, etc., (1251.) SEC. 11. The Township Clerk shall go, once in every When Clerk to go year, to the houses, stores and shops of such merchants, and try Weights traders, retailers of spirituous liquors, and of such other of and Measures. the inhabitants of the township, using scales, beams, weights and measures, for the purpose of buying and selling, as shall neglect to bring or send in their scales, beams, weights, and measures, and he shall there try, prove, and seal them. when to be paid. (1252.) SEC. 12. For the services required in the last pre- Double Fees, ceding section, the Township Clerk shall be entitled to demand and receive of such merchants, or other persons, double the fees hereinbefore provided for the like services, together with four cents for every mile he shall necessarily travel for that purpose, going out and returning home. Clerk, for Sealing, (1253.) SEC. 13. The County Clerk shall be entitled to Fees of County receive from each Township Clerk a fee of three cents, for etc. the first sealing of every weight, measure, scale, or beam, and two cents for every subsequent sealing of the same. Clerk to procure (1254.) SEC. 14. If the Township Board of any township, when Township after notice to them that the standard of weights and measures Standard. for the county have been deposited with the County Clerk, shall neglect, for the space of six months, to provide standard weights and measures for their township, as above directed, it |