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THE OIL INSPECTION LAW.

[Act No. 127, Laws of 1879, as amended by Act 49, Laws of 1881, and further amended by Act No. 30, Law of 1883.]

AN ACT to provide for the inspection of illuminating oils manufactured from petroleum or coal oils, and to repeal act number one hundred and eighty-one of the session laws of one thousand eight hundred and seventy-five, approved May first, one thousand eight hundred and seventy-five, and act number one hundred and ninety-six of the session laws of one thousand eight hundred and seventy-seven, approved May twenty-second, one thousand eight hundred and seventy-seven.

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SECTION 1. The People of the State of Michigan enact, That the Governor shall appoint a suitable person, resident 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 office shall be two years from [the] date of appointment, or until his successor shall be appointed and shall qualify. It 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 requirement hereinafter specified, he shall fix his brand or device, viz.: approved," with the date over his official signature, upon the package, barrel or cask containing the same. And to more effectually carry 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 that has not been inspected and branded, according to the provisions of this act, they shall proceed to inspect and brand the same. And 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 of petroleum so tested shall not meet said requirements, he shall mark in plain letters on said package, barrel or cask, over his official signature, the words: "Rejected for illuminating purposes; and it shall be unlawful for the owner thereof to sell such oil or other product of petroleum, for illuminating purposes; and if any person shall sell or offer for sale such rejected oil, or other product of petroleum, for such purpose, he shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to a penalty, in the discretion of the court, at any sum not exceeding three hundred dollars.

SEC. 2. The State Inspector provided for in this act is hereby empow

ered to appoint a suitable number of deputies, which deputies are hereby empowered to perform the duties of inspection, and shall be liable to the same penalties as the State Inspector: Provided, That the State Inspector may remove any of said deputies for reasonable cause. It shall be the duty of the inspector and his deputies to provide themselves, at their own expense, with the necessary instruments and apparatus for testing the quality of said illluminating oils, and when called upon for that purpose, to promptly inspect all oils herein before mentioned, and to reject for illuminating purposes, all oils which will emit a combustible vapor at a temperature of one hundred and twenty degrees of Fahrenheit's thermometer: Provided, The quantity of oil used in the flash test shall not be less than half a pint. The oil tester adopted and recommended by the Michigan State Board of Health shall be used by the inspector and his deputies.

SEC. 3. Every person appointed a 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, 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 such 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 Judge of Probate, and file such oath and bond with the clerk of the county in which such deputy inspector resides. Such deputy shall also forward the county clerk's certificate of such filing to said State Inspector. Said inspector shall collect thirteen cents for each barrel, or cask, or package containing not exceeding fifty-five gallons, and at the same proportionate rate for any excess over that quantity so inspected; and he shall pay over to the State Inspector, at the commencement of each month, all moneys received by him for inspection; and in any case of inspection or branding, said fee shall be a lien on the oil so inspected. It shall also be the duty of every inspector or deputy inspector to keep a true and accurate record of all oils so inspected and branded by him, which record shall state the date of inspection, the number of gallons rejected, the number of gallons approved, the number of gallons inspected, the number and kind of 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 the duty of every deputy inspector, at the commencement of each month, to forward to the State Inspector and Board of State Auditors, true duplicate copies of such record for the preceding month. In the month of January, in each year, the State Inspector shall make and deliver to the Governor of the State and Board of Public Health, annual duplicate reports of the inspections by himself and deputies during the preceding calendar year. All illuminating oils manufactured or refined in this State, shall be inspected before being removed from the manu

factory 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 illuminating 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 he shall be subject to a penalty in any sum not exceeding three hundred dollars; and if any manufacturer, vendor, or dealer in either or 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, cakes or barrel's having the inspectors brand thereon, without having the oil inspected, he shall be deemed guilty of a misdemeanor and shall be subject to a penalty in any sum not exceeding three hundred dollars, nor less than one hundred dollars, or be imprisoned in the county jail not exceeding six, months or both, at the discretion of the court.'

SEC. 4. Any person selling or dealing in illuminating oils, produced from petroleum, who shall sell or dispose of any empty kerosene barrels [barrel], cask, or package, before thoroughly canceling, removing or affecting the inspection brand on the same, shall be guilty of a misdemeanor, and, on conviction, shall pay a fine of one dollar for each barrel, cask or package thus sold or disposed of; and any person who shall knowingly use any illuminating oil or products of petroleum for illuminating or heating purposes before the same has been inspected and approved by the State Inspector of Oils, or his deputy, shall be guilty of a misdemeanor, and on conviction shall pay a fine in any sum not exceeding ten dollars for each offense.

SEC. 5. No person shall adulterate with paraffine or other substances for the purpose of sale or for use, any coal or kerosene oils to be used for lights in such a manner as to render them dangerous to use; nor shall any person knowingly sell or offer to sell or knowingly use such adultrated oil; nor shall any person knowingly sell or offer for sale, or knowingly use any coal or kerosene oil or any of the products thereof for illuminating purposes, which by reason of being adulterated or for any other reason, will emit a combustible vapor at a temperature less than one hundred and twenty degrees of Fahrenheit's thermometer: Provided, That the quantity used in the test shall not be less than onehalf pint: And further provided, That the gas or vapor from said oils may be used for illuminating purposes, when the oils from which said gas or vapor is generated are contained in closed reservoirs outside the building illuminated or lighted by said gas. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor, and shall upon conviction thereof, be punished by imprisonment in the county jail, not more than one year, or by fine not exceeding four hundred dollars, or by both such fine and imprisonment, in the discretion of the court: Provided, That nothing in this act shall be so construed as to prevent the use in street lamps of lighter products of petroleum such as gasoline, benzine, benzole, naphtha: Provided further, That the provisions of this act shall not apply to the use of machines or generators constructed on the principle of the "Davy Safety lamp."

SEC. 6. The State Inspector shall receive an annual salary of fifteen hundred dollars. He shall also be allowed such further sum as he may

1This section, as amended, was given effect, April 10, 1883.

actually and necessarily expend in traveling expenses and prosecutions incurred in the discharge of his duties. Each deputy inspector shall be entitled to a salary payable monthly, the amount of such salary to be determined by the number of casks, barrels and packages actually inspected by such deputy inspector during the month as follows; For each of the first ten, one dollar each; for each of the second ten, seventy-five cents; for each of the third ten, sixty cents; for each of the fourth ten, fifty cents; for each of the fifth ten, forty cents; for each of the sixth ten, thirty cents; for each of the seventh ten, twenty-five cents; for each of the eighth ten, twenty cents; for each of the ninth ten, fifteen cents; for each of the tenth ten, ten cents; for each of the second hundred, eight cents; for each of the third hundred, six cents; for each in excess of three hundred, five cents: Provided, that in no case shall any deputy inspector receive more than one hundred dollars in any month as such salary. Said deputy inspector shall also be entitled to and allowed all actual and necessary expenses for railroad, stage and steamboat fares incurred in the discharge of his duties as such deputy inspector. All salaries and expenses provided for in this act shall be retained by the State Inspector out of the moneys received for inspections of oil, and accounted for and paid out by him as provided in this act: Provided, That in case the amount of money received for the inspection of oils according to the provisions of this act, shall not be sufficient to pay the compensation and expenses of the inspector and his deputies as provided herein, the amount of such deficiency shall be deducted from said salaries pro rata to each.

SEC. 7. The State Inspector shall render to the Board of State Auditors, quarterly a detailed account of all the receipts and disbursements of his office to be audited and allowed by them if found correct; and at the end of the year, any surplus shall be paid into the State treasury.

SEC. 8. It shall be the duty of the State Inspector, or any deputy inspector who shall know of the violation of any of the provisions of this act, to enter complaint before any court of competent_jurisdiction against any person so offending; and in case the State Inspector or deputy inspector have [having] knowledge of the violation of the provisions of this act, shall neglect to enter complaint as required by and provided for in this section, he shall be deemed guilty of a misdemeanor. SEC. 9. It shall be the duty of all prosecuting attorneys to represent and prosecute in behalf of the people, within their respective counties, all cases of offenses arising under the provisions of this act.

SEC. 10. No inspector or deputy inspector shall, while in office, traffic directly or indirectly, in any article which he is appointed to inspect. For the violation of any of the provisions of this act he shall be liable to a penalty not to exceed three hundred dollars.

SEC. 11. It shall be the duty of the Governor to remove from office, and to appoint a competent person in the place of any inspector who is unfaithful in the duties of his office.

SEC. 12. Act number one hundred and eighty-one of the session laws of eighteen hundred and seventy-five, as approved May first, eighteen hundred and seventy-five, and act number one hundred and ninety-six

of the session laws of eighteen hundred and seventy-seven, as approved May twenty-third, eighteen hundred and seventy-seven are hereby repealed. SEC. 13. This act shall take effect thirty days from and after its approval by the Governor.

Approved May 31, 1879.

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