Page images
PDF
EPUB

[No. 38.]

AN ACT to prohibit the use of petroleum, coal or kerosene oil for illuminating and heating purposes which have been adulterated or which will emit a combustible vapor at a temperature of one hundred twenty or less degrees Fahrenheit's thermometer, and to repeal act two hundred forty-one of the public acts of eighteen hundred ninety-nine, entitled "An act to prohibit the use of products of petroleum for illuminating purposes which have been adulterated or which will emit a combustible vapor at a temperature less than one hundred twenty-one degrees Fahrenheit's thermometer."

The People of the State of Michigan enact:

for heating

of.

Fahrenheit.

reservoirs.

SECTION 1. No person shall adulterate with benzine or other Kerosene oil substance for the purpose of sale or for use, any kerosene or lighting, oil to be used for lighting or heating in such manner as to adulteration render it dangerous to use; nor shall any person knowingly sell or offer to sell, or knowingly use such adulterated oil; nor shall any person knowingly sell or offer for sale or knowingly use any coal or kerosene oil or any products of petroleum for illuminating or heating purposes which by reason of being so adulterated or for any other reason will emit a combustible vapor at a temperature of one hundred twenty Vapor, 120° degrees or less of Fahrenheit's thermometer, where tested as provided by the laws of this State. The quantity which shall be used in the test shall not be less than one-half pint: Pro- Proviso, vided, That the gas or vapor from said oils may be used for illuminating and other purposes when the oils from which said gas or vapor is generated are contained in closed reservoirs outside of the building illuminated by such gas, and inside of such building when in closed brass reservoirs placed not closer than eighteen inches from the flame and attached to lamps in such manner as the State Oil Inspector may certify State oil in his opinion to be safe and proper for the use of oil con- certification templated in this act; and when gas or vapor is generated by. and piped throughout any building for illuminating or other purposes and the oils from which said gas or vapor is generated are kept inside of such building, it shall be unlawful to have to exceed six gallons of oil in the receptacle or reservoir at any one time. Any person violating any of the pro- Penalty for visions of this act shall upon conviction be deemed guilty of a misdemeanor and shall be punished by a fine not exceeding four hundred dollars or imprisonment in the county jail for a period not to exceed one year or both such fine and imprisonment in the discretion of the court: Provided, Proviso, That nothing in this act shall be construed to prevent the lamps, etc. use in the street or elsewhere of open air lamps, or in stores

inspector,

violation.

open air

Act repealed.

or residences or other business places for heating or cooking purposes, of the lighter products of petroleum, such as gasoline, benzine or naphtha.

SEC. 2. Act number two hundred forty-one of the public acts of eighteen hundred ninety-nine, entitled "An act to prohibit the use of products of petroleum for illuminating purposes, which have been adulterated, or which will emit a combustible vapor at a temperature less than one hundred twenty-one degrees Fahrenheit's thermometer" is hereby repealed.

Approved April 14, 1909.

Sections amended.

Governor to

[No. 39.]

AN ACT to amend sections one, three, five and six of act number twenty-six, public acts of eighteen hundred ninetynine, as amended by act number one hundred ninety-seven, public acts of nineteen hundred three, being "An act to provide for the inspection of illuminating oils manufac tured from petroleum or coal oils and to repeal act number one hundred twenty-seven, laws of eighteen hundred seventy-nine, as amended by act number forty-nine of the laws of eighteen hundred eighty-one, act number twenty of the laws of eighteen hundred eighty-three, act number seventy-one of the laws of eighteen hundred ninety-one, and act number ninety-four of the laws of eighteen hundred ninety-three."

The People of the State of Michigan enact:

SECTION 1. Sections one, three, five and six of act number twenty-six of the public acts of eighteen hundred ninety-nine, as amended by act number one hundred ninety-seven of the public acts of nineteen hundred three, being "An act to provide for the inspection of illuminating oils manufactured from petroleum or coal oils, and to repeal act number one hundred twenty-seven, laws of eighteen hundred seventy-nine, as amended by act number forty-nine of the laws of eighteen hundred eighty-one, act number twenty of the laws of eighteen hundred eighty-three, act number seventy-one of the laws of eighteen hundred ninety-one, and act number ninetyfour of the laws of eighteen hundred ninety-three," are hereby amended to read as follows:

SEC. 1. The Governor shall appoint a suitable person, resiappoint state dent of this State, who is not interested in manufacturing, dealing in or vending any illuminating oils manufactured from petroleum, as State Inspector of Oils, whose term of

inspector of
of oils,
term.

device.

in tank cars.

office shall be two years from the date of appointment, or until his successor shall be appointed and shall qualify. It Duties. shall be the duty of said State inspector, or his deputies hereinafter provided, to examine and test the quality of all such oils offered for sale by any manufacturer, vendor or dealer, and if, upon such testing or examination, the oils shall meet the requirements hereinafter specified, he shall fix his brand Brand or or device, viz: "Approved," with the date, over his official signature upon the package, barrel or cask containing the same. Should oil so tested or examined be contained in tank Oil contained cars, it shall be the duty of the inspector or one of his depu ties, upon finding the oil so contained to meet the requirements hereinafter specified, to furnish the owner of such oil or his agent with a certificate, either written or printed, or partly written and partly printed, and signed by such inspector or one of his deputies, who shall inspect such oil, which certificate shall state the number and letters or other Certificate of marks of designation of the tank car inspected, the number inspection. of gallons of oil contained in it, the date of inspection, the name of the owner, the city or town in which such tank car was inspected, the temperature at which the oil emitted an inflammable vapor, and that such oil is "approved." Upon each Branding of barrel or cask drawn from such tank car and offered for sale barrel, etc. a brand or device shall be affixed by owner or agent by stencil stating "oil inspected in tank, approved ....

enter premises.

in barrel,

giving date of approval, and the barrels or casks must also show name of owner or agent. To more effectually carry Inspector may out the provisions of this act it shall be lawful for the State inspector or his deputies to enter into or upon the premises of any manufacturer, vendor or dealer of said oils, and if they shall find or discover any kerosene oil or any other product of petroleum intended for sale or use for illuminating purposes that has not been inspected and branded according to the provisions of this act, they shall proceed to inspect and brand the same. It shall be lawful for any manufacturer, vendor or dealer to sell the oil so tested and approved as an illuminator; but if the oil or other product Rejected oil, of petroleum so tested shall not meet said requirements, he etc., how shall mark in plain letters on said package, barrel or cask, branded. over his official signature, the words "Rejected for illuminating purposes." Any oil contained in tank cars which shall in tank cars, fail to meet said requirements shall be rejected by the inspector or his deputy, and a written notice, stating number and letters or other marks of designation of the tank car so rejected, date and place of inspection, and that the oil has been "rejected for illuminating purposes," which notice, signed by the inspector or deputy, shall be placed in the hands of the owner of such oil, and it shall be unlawful for Unlawful to the owner thereof to sell such oil or other product of petrole sell rejected um for illuminating purposes, and if any person shall sell illuminator. or offer for sale such rejected oil or other product of petrole

notice given to owners.

oil as

Penalty.

Inspector to supervise use illuminating oil on trains.

Duty to inspect.

State inspector, oath and bond, where filed, etc.

Deputy inspector, oath and bond, where filed,] etc.

Fees for inspection.

Proviso, car lots.

Further proviso.

Record of oil inspected..

um for such purpose, he shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not exceeding three hundred dollars or by imprisonment in the county jail not more than one year or both such fine and imprisonment in the discretion of the court. It shall be the duty of the State Inspector of Oils to supervise the use of all oil used on railroad trains for illuminating purposes, and to enforce section three thousand three hundred eighty-one of Howell's annotated statutes, and it shall be the duty of the State Inspector of Oils and the deputy inspectors to inspect all oils used on railroad trains for illuminating purposes.

SEC. 3. Every person appointed State inspector shall, before he enters upon the discharge of the duties of his office, take an oath or affirmation prescribed by the constitution and laws of this State, and shall file the same in the office of the Secretary of State. The State inspector shall execute a bond to the State of Michigan in such sum and with such surety as shall be approved by the Secretary of State, conditioned for the faithful performance of the duties imposed upon him by this act, which bond shall be for the use of all persons aggrieved by the acts or neglect of said inspector or his deputies, and the same shall be filed with the Secretary of State. The deputy inspector shall, before he enters upon the duties of his office, take an oath and file such bond with like conditions as is required of the State inspector, said bond to be in such sum as shall be required by the State inspector, with two sureties to be approved by the State inspector and by the judge of probate, and file such oath and bond with the clerk of the county in which such deputy resides. Such deputy shall also forward the county clerk's certificate of such filing to the said State inspector. The inspector shall collect forty cents per barrel for the first two barrels; thirty cents per barrel for the next three; twenty cents per barrel for the next five; fifteen cents per barrel for the next fifteen barrels, and ten cents per barrel for each and every barrel of not less than fifty gallons each thereafter inspected for each and every person, and he shall pay over to the State inspector at the commencement of each month all the moneys received by him for inspection, and in any case of inspection said fee shall be a lien on the oil so inspected: Provided, That should any person or persons offer for inspection oil in car lots of two thousand five hundred gallons or over, then the fee shall be one-fifth of a cent for each and every gallon so inspected: Provided further, That the charges for inspecting less than a car lot shall not exceed five dollars. It shall also be the duty of every inspector or deputy inspector to keep a true and accurate record of all oils inspected by him, which record shall state the date of inspection and the number of gallons rejected and the number of gallons approved, number of gallons inspected, number and kind of tanks,

inspectors

duplicate

inspected at

barrels, casks or packages, the name of the person for whom inspected and the money received for such inspection, and said record shall be open to the inspection of all persons interested. It shall also be Deputy the duty of every deputy inspector at the commencement to forward of each month, to forward to the State inspector and Board monthly of State Auditors true duplicate copies of such record for the copies. preceding month. In the month of January of each year Annual duplicate the State inspector shall make and deliver to the Governor of reports. the State and to the State Board of Health annual duplicate reports of the inspection by himself and deputies during the preceding calendar year. All illuminating oils manufactured Oils to be or refined in this State shall be inspected before being re- refinery. moved from the manufactory or refinery; and if any person or persons, whether manufacturer, vendor or dealer shall sell or attempt to sell to any person in this State any illumi nating oils, whether manufactured in this State or not, before having the same inspected as provided in this act, he shall be deemed guilty of a misdemeanor and shall be sub- Misdemeanor ject to a fine in any sum not exceeding three hundred dollars uninspected or by imprisonment in the county jail not to exceed six oil. months, or by both such fine and imprisonment in the discretion of the court before whom such conviction is had; and if False branding. any manufacturer, vendor or dealer in any of said illuminating oils shall falsely brand the package, cask or barrel containing the same, as provided in sections one and two of this act, or shall use packages, casks or barrels having the approval brand thereon without having the oils inspected, he shall be deemed guilty of a misdemeanor and shall be subject to a fine in any sum not exceeding three hundred Fine. dollars nor less than one hundred dollars or imprisonment in the county jail not exceeding six months, or both such fine and imprisonment in the discretion of the court.

to sell

spector.

determined.

SEC. 5. The State inspector shall receive an annual salary Salary of of fifteen hundred dollars. He shall also be allowed such state infurther sum as he may actually and necessarily expend in traveling expenses, prosecution and the expenses of his office incurred in the discharge of his duties. Each deputy inspec- of each, tor shall be entitled to a salary payable monthly, the amount deputy how of which to be determined by the number of barrels containing not less than fifty gallons actually inspected by such deputy during the month as follows: For each of the first ten, one dollar each; for each of the second ten, seventy-five cents each; for each of the third ten, sixty cents each; for each of the fourth ten, fifty cents each; for each of the fifth ten, forty cents each; for each of the sixth ten, thirty cents each; for each of the seventh ten, twenty-five cents each; for each of the eighth ten, twenty cents each; for each of the ninth ten, fifteen cents each; for each of the tenth ten, ten cents each; for each of the second hundred, eight cents each; for each of the third hundred, six cents; for each in excess of

« PreviousContinue »