1907 DEPARTMENT OF LANDS, FORESTS AND MINES. 169 



of lumber, nowithstanding such articles may not be of the dimensions here- 

 inafter provided, if the same be of sound and good quality, and marked or 

 certified as such, by one of the Inspectors, to be appointed by virtue of this 

 Act. Provided further, that whereas pine timber, pine plank, pine boards 

 of an inferior or second quality were heretofore imported from the countries 

 bordering on the Baltic into Great Britain and Ireland, and continue to be 

 saleable and useful for particular purposes; nothing in this Act contained 

 shall extend or be construed to extend or prohibit the exportation from tMs 

 Province of any such pine timber, or pine boards of an inferior or second 

 quality." 



It is not at all clear whether the cullers or measurers were required to 

 apply any standard whatever to this second quality lumber, excepting such 

 as might be demanded by the contract between buyer and seller, by which 

 they were in all cases to be governed when such existed. The standards for 

 ■'merchantable" timber were only to be applied "in all cases where there 

 is no specific agreement between the buyer and seller." 



It may fairly be concluded, therefore, that all the Act did, or was 

 intended to do, was to provide a safeguard for those purchasers who desired 

 a superior grade, while practically placing little or no check upon the 

 exportation of lumber of a poor quality provided that it were distinguish- 

 able as such. 



The Act contains some further provisions as to the salvage of timber 

 adrift in the rivers, and imposing penalties upon tliose appropriating such 

 timber to their own use, or wilfully setting timber adrift, into the details of 

 which it is unnecessary to enter. 



Cullers not to Trade. 



This Act, which was to remain in force for only two years, was re- 

 enacted in 1811 with some changes. The section authorizing dealers to 

 retain licensed cullers in their exclusive service was abrogated, and an 

 amendment adopted prohibiting Master Cullers and Measurers from trad- 

 ing in timber under penalty of dismissal from office and a heavy fine. This 

 Act, like the former, was to remain in effect only for two years. Con- 

 tinuing legislation was enacted from time to time until 1819, when the 

 existing enactments were repealed and a new Act adopted, based upon the 

 original law in most of its details, but somewhat more stringent and com- 

 prehensive in its provisions. All existing licenses to cullers and measurers 

 were cancelled, and it was provided that no persons other than those who 

 had previously held licenses should be commissioned to act in that capacity 

 thereafter, without having passed_an examination as to their qualifications 

 before a Board to be appointed by the Governor. The standard for merchant- 

 able lumber was raised by a more detailed specification of the defects to be 

 considered as disqualifications, and the list of descriptions of lumber sub- 

 ject to inspection was considerably amplified. 



Cullers and measurers, as before, were to be governed by the contract 

 between the buyer and seller as regards the dimensions and descriptions of 

 the article submitted to their inspection, and the very elaborate and ricrid 

 definitions of what constituted "merchantable" timber were only applicable 

 where no specific agreement between the parties existed. The measure in 

 fact presents the same problem of confusing and contradictory provisions as 

 characterized the first legislation on the subject. As in the Act of 1808, 

 the section prohibiting the exportation of any lumber not culled, measured 

 and certified to possess th(» requisite qualities of excellence specified, was 



