204 INSPECTION AND MEASUREMENT 



evidence as to the amount or quality of the timber measured 

 or inspected, a recovery of the purchase price cannot be en- 

 forced if the measurement or inspection has not been made 

 by an authorized official as required by the law. 1 However, 

 the courts will refuse assistance only when it is clear that the 

 sale was within the restrictions of the statute. 2 Such 

 statutes will not be recognized outside the boundaries of the 

 state, county or city to which they apply, 3 and they have 

 usually been construed as intended merely for the protection 

 of the purchaser and therefore as not restricting the freedom 

 of the parties to a contract to waive compliance with the 

 statute and provide for a scale or measurement by another 

 than the regular official. 4 In a number of states there are 

 statutes regarding the inspection of shingles, 5 naval 

 stores 6 and other minor timber products, 7 and in many 



1. Knight v. Burnham, 90 Me. 294, 38 Atl. 168; Richmond v. Foss, 77 Me. 590, 1 All. 



830. 



See also Durgin v. Dyer, 68 Me. 143; Coombs v. Emery, 14 Me. 404 (cord wood ); 

 Androscoggin R. Side Booms v. Haskell, 7 Me. 474; Wheeler v. Russell, 17 Mass 

 258; Colton v. King, 2 Allen, (Mass.) 317 (cordwood); Pray v. Burbank, 10 

 N. H. 377; Crawford v. Cockran, 2 Wash. Ter. 117; Lindsay Etc. Co. v. Mullen, 

 176 U. S. 126; Hospes v. O'Brien. 24 Fed. 145. 



2. Thomas v. Conant, (Me. 1886) 5 Atl. 533; Oilman v. Perkins, 32 Me. 320; Whit- 



man v. Freese, 23 Me. 185; Howe v. Norris, 12 Allen (Mass.) 82; State v. Ad- 

 dington, 121 N. C. 538, 27 S. E. 988. See also Huntington v. Knox, 7 Cush. 

 (Mass.) 371; Tewksbury v. Schulenberg, 41 Wis. 584. 



3. Hardy v. Potter, 10 Gray (Mass.) 89; See Blitz v. James, 31 Md. 264; Shoemaker 



v. Lansing, 17 Wend. (N. Y.) 327. 



4. McNeil v. Chadbourn, 79 N. C. 149; See State v. Lumbermen's B'd of Exch., 33 



Minn. 471, 23 N. W. 838. 



5. Iowa Annotated Code, 1897, sec. 3030-3033 (county). 



Kan. Gen'l St., 1909, Dassler (Salvage for taking up), sec. 7373-76. 



Is. ii. Pub. St. 1901, Chase, p. 404, sec. 7 and 8. 



N. C. Pell's Revisal 1908, sec. 4659, 4664-65. (4665, no inspector to deal in.) 



Ohio Annotated Stat. 1910, Page & Adams, sec. 6O40. 



Pa. Purdon's Digest, 13th Ed., Stewart, p. 5081, sec. 83 and 84. 



S. C. Code 1912, sec. 2413. 



Vt. Public Statutes, 1906, sec. 3427, 3514. 



6. Fla. Comp. Laws 1914, sec. 3131-3141 and 3801-3808. 

 Ga. Political Code, 1914, Park. Sec. 1832-33, and 1839-41. 

 N. C. Pell's Revisal, 1908, sec. 4655, 4658 and 4666. 



S. C. Code, 1912, sec. 2398-2407. 



Va. Annotated Code, 1904. Sec. 1844, 1857, 1866, 1878, 1879 and 1883. 



7. Conn. Gen. Stat. 1902, Sec. 4881 (Bushel defined for charcoal) 

 Del. Rev. Code, 1915, Sec. 2930 (Bushel denned for charcoal) 

 Ga. Annotated Code, 1914, Park, sec. 1843 (heading). 



Mass. Revised Laws, 1902, p. 563-564 (hoops and staves), p. 570 (charcoal) 

 Md. Annot. Code, 1911. Art. 97, Sec. 24 (charcoal); Art 98, Sec. 11 (wood) 

 Minn. General Statutes, 1913, Tiffany, sec. 5462 (posts and poles) 

 N. H. Public Statutes, 1901, Chase, p. 404, sec. 9 (Clapboards and hoops,) 

 Pa. Purdon's Digest, 13th Ed., Stewart, p. 5076, sec. 29 (bark), sec. 30 



(charcoal) . 



R. I. General Laws, 1909, p. 562-63 (hoops); p. 582, (charcoal). 

 S. C. Code 1912. sec. 2413 (staves). 



