OFFICIAL INSPECTION 205 



states provision is made for the official measurement of cord 

 wood. * 



Until a satisfactory showing to the contrary is made those 

 assuming to act as official inspectors will be presumed to 

 have been properly elected or appointed. 2 They regularly 

 hold office until their successors have been appointed, taken 

 the oath of office and complied with the other requirements 

 of the law as to qualification. 3 A public surveyor is liable 

 on his bond only for the faithful performance of his duty and 

 not for errors of judgment or inaccuracies in the scale or 

 measurement. 4 These statutes ordinarily forbid an official 

 sealer from engaging in the buying and selling of logs, lumber, 

 naval stores, or whatever timber product is covered by his 

 authority, but it has been held that this prohibition applies 

 only to transactions within the district in which he is the 

 official sealer or inspector. 5 Double fees for the scaling 

 of logs cannot be collected. 6 



144. Kinds of Evidence Admissible. If a written 

 contract for the sale of logs is silent as to the manner of 

 scaling, parol evidence may be offered to prove an agree- 

 ment as to the sealer or the method of scaling, 7 and in the 



1. Ariz. Civil Code, 1913, sec. 5536. 



Conn. General Statutes, 1902, sec. 1891 (town). 



Del. Rev. Code, 1852, am'd to 1893, p. 395 (town). Rev. Laws, 1915, Sec. 



3443. 



Ga. Annotated Code, 1914, Park, sec. 1843. 



Ind. Annotated Statutes, 1914, Burn's. Sec. 8655 (cities to regulate). 

 Kan. General Statutes, 1909, Dassler, sec. 1279, 1402, 1580 (city regulation) 

 Me. Rev. St. 1903, Ch. 42 (wood bark, and charcoal) 

 Mass. Revised Laws, 1902, p. 568-570. 

 Minn. General Statutes, 1913, Tiffany, sec. 5795. 

 Neb. Revised Statutes, 1913, sec. 4098 (In Omaha). 

 N. H. Public Statutes, 1901, p. 394, sec. 14-16. 

 N. C. Pell's Revisal, 1908, sec. 4667-68. 



Ohio Annotated Code, 1910, Page & Adams, sec. 3651,. 6409 (Cities to regulate). 

 Pa. Purdon's Digest, 1909, 13th Ed., Stewart, p. 5082, sec. 95-97 (Phila). 



p. 3001, sec. 1046-1049; p. 495, sec. 97 is general in boroughs. 

 R. I. General Statutes, 1909, p. 582-583. ch. 175. 

 Vt. Public Statutes, 1906, sec. 3427, 3514 and 6161. 

 Va. Code, Biennial, 1912, Pollard, p. 110, Sec. 1913. 

 Wis. Statutes 1915, Sees. 925-52, Par. 45 (cities to regulate.) 



2. McCutchin v. Platt, 22 Wis. 561. 



3. Dow v. Bullock, 13 Gray (Mass.) 136; As to fees see Bennett v. Boom Corp. 



115 Minn. 96, 131, N. W. 1059. 



4. Hutchins v. Merrill, (Me.) 84 Atl. 412; Gates v. Young, 82 Wis. 272, 52 N. W. 178. 



5. McKenzie v. Lego, 98 Wis. 364, 74 N. W. 249; See Buie v. Browne, 6 Ired. L. 



(28 N. Car.) 404. 



6. Lovejoy v. Itasca Lbr. Co., 46 Minn. 216, 48 N. W. 911. 



7. Mason v. Phelps, 48 Mich. 126, 11 N. W. 413,837; Johnson v. Burns, 39 W. Va., 



658; McDowell v. Leav., 35 Wis. 171. Ct. Lbr. Co. v. Crist, 87 Ark.. 434. 112 

 S. W. 965 



