son who is confined in any penal or charitable institution of this state, or any such child in the possession or under the control of any person not the parent or lawful guardian thereof or next of kin to such child, and that a guardian should be appointed of the person of such child, setting forth the grounds of such appointment and such petition, verified by the affidavit of the petitioner, or of some person having knowledge of the facts, the county or circuit court shall cause a notice and citation to be given to the parents or guardian or person having control or custody of such child, citing such parents or guardian or person in control or having the custody of such child, to appear before such court or judge thereof at the time and place to be designated in said notice, not less than six nor more than ten days after the service of such citation and such notice requiring such parent or guardian or person in control and custody of such child, to show cause why the prayer of said petitioner should not be granted; upon the hearing, if the court shall be satisfied that it is for the best interests of such child a guardian may be appointed, or the court may direct that such child be surrendered to any association incorporated under the laws of this state to secure homes for destitute children, under such terms and conditions as the court shall deem proper and expedient.

§ 2. PETITION AND CITATION TO BE SERVED.] The citation herein provided for, together with a copy of the petition upon which the same is based, shall be served upon the parent or guardian or person in whose possession, or in whose custody such child may be in the same manner as a summons in the circuit court. and which petition and citation must be served at least six days before the time designated in such citation for the hearing.

§ 3. MAY APPEAL WHEN.] Either party may appeal to the supreme court from an order appointing or refusing to appoint a guardian for such child at any time within six months after the entry of such order in the office of the clerk of the court.

§ 4. SHERIFF TO TAKE CHARGE OF CHILDREN.] When such petition is presented to the court, properly verified, it shall be the duty of the court to order the sheriff, or other officer serving such process, to immediately take charge of the child ren described in such petition and citation, and to retain possession of them subject to the orders and direction of the court until the hearing and determination of the proceeding.

§ 5. CITATION TO BE PUBLISHED WHEN. Where there are no parents or guardians upon whom service can be made as provided in this chapter, the citation and notice shall be pub lished at least once a week for two successive weeks in some paper to be designated by the court, in which case said citation

hall not be returnable until not less than six nor more than ten ays after the last publication.

§ 6. ORDER MAY BE MODIFIED OR SET ASIDE--WHEN. ] Where service is made under the provisions of this chapter by ublication, any person may within one year from the time of The final order providing for the custody of any child appear and upon notice to the petitioner or his attorney of six days, nake application to set aside or modify any order granted upon such hearing in any way affecting the custody of such child, and upon such hearing the court may make such further disposal of such child as it shall deem for the best interests of such child.

§ 7. DUTY OF COUNTY ATTORNEY.] It shall be the duty of the county attorney to prosecute all cases in behalf of the petitioner arising under the provisions of this act, but the petiEioner shall have the right to be represented by private counsel, and the costs of all officers and witness fees and expenses shall be chargable to the county of which said child shall be a resident, except the fees of private counsel and petitioner.

§ 8. REPEAL.] All acts or parts of acts in conflict with this act are hereby repealed.

$ 9. EMERGENCY.] Whereas an emergency is hereby declared to exist, this act shall take effect and be in force from and after its passage and approval. Approved March 9, 1897.

INSPECTION OF OILS.

CHAPTER 68.

[H. B. 43.]

PROVIDING FOR THE INSPECTION OF ILLUMINATING OILS,

AN ACT to Provide for the Inspection of Illuminating Oils Manufactured from Petroleum or Coal Oil.

Be it Enacted by the Legislature of the State of South Dakota:

§ 1. OILS TO BE INSPECTED. ] All mineral or petroleum oil, or any fluid or substance which is a product of petroleum, or into which petroleum or any product of petroleum enters or is found as a constituent element, whether manufactured in the state or not, shall be inspected as provided in this act before

being offered for sale for consumption for illuminating purposes in this state. Every person, firm or corporation shipping into, or manufacturing within the state such illuminating oils, shall stamp or brand each and every package, barrel or cask with the number or name of the grade of oil contained in such package, barrel or cask, and shall forward to the oil inspector an analysis of each and every grade of oil shipped into or manufactured in the state; such analysis must show the per cent of light and heavy oils in each grade when subjected to fractional distillation.

§ 2. GOVERNOR TO APPOINT INSPECTOR-DUTIES OF.] The governor shall appoint a suitable person, resident of this state, who is not interested in the manufacturing, dealing or vending any of the illuminating oils specified in section one of this act, as state inspector of oils, whose term of office shall be two years from the date of appointment, except the first term, which shall be for the period of three years, or until his successor shall be appointed and shall qualify. It shall be the duty of said inspector, or his deputies, hereinafter provided for to examine and test the quality of all such oils offered for sale by any manufacturer, vendor or dealer; and if, upon such testing and examination they shall meet the requirements hereinafter specified, he shall fix his brand or device, viz.: "Approved, flash test, degrees," inserting the actual flash test, with the date of 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 any state inspector or his deputies to enter into or upon the premises of any manufacturer of, vendor of or dealer in said oils; and if any such oils intended for consumption 'for illuminating purposes within the state shall be there found which should have been inspected as provided for in this act, and have not been, the inspector shall proceed to test and brand the same. It shall be lawful for any manufacturer, vendor or dealer to sell oils so tested if they are found to comply with the requirements of this act and are properly branded "Approved," but if such oils so tested shall not meet said requirements the words "Rejected for Illuminating Purposes" shall be marked in plain letters upon the package, barrel or cask containing them; and it shall be lawful for the owner or owners thereof to sell them for illuminating purposes for consumption in this state. If any person shall sell or offer for sale such rejected oils for such purposes he shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to a penalty in the discretion of the court in any sum not exceeding three hundred dollars ($300).

§ 3. INSPECTOR TO APPOINT DEPUTIES.] The state inspector provided for in this act is hereby authorized to appoint and station a sufficient number of deputies for the proper en

forcement of this act, 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. The state inspector and his deputies shall provide themselves at their own expense with the instruments, stencils, brands and stamps necessary for the proper performance of their duties, and when called upon for that purpose they shall, as promptly as may be possible, inspect all oils herein before mentioned, and shall reject for illuminating purposes such of them as will not conform to the following conditions: First, color-The color shall be white or light yellow. It may or may not have a bluish opalescense. Second, flash test-It shall not give a flash test below one hundred and five degrees Fahrenheit, open test. Third, impurities-It shall not contain more than a trace of any sulphur compound. It shall be a pure hydro-carbon oil, and shall not contain more than ten per cent by weight of residue after being distilled at a temperature of above five hundred and seventy degrees Fahrenheit. The oil tester and mode of testing recommended by the state board of health shall be used and followed at [by] the state inspector and his deputies. Whenever, in the opinion of the state inspector, or any of his deputies, there is sufficient cause to justify a more complete test of any oil or oils than that provided for in this section he shall do so, or cause the same to be done, as follows: He shall procure a sample or samples of such oil or oils, making a note of the grade as stamped on the package, barrel or cask, and forward such sample or samples to the nearest state educational institution where a chemical laboratory is maintained and a professor of chemistry is in charge of the same. The state inspector shall then make an analysis of such oil or oils, or cause the same to be done, by the professor in charge of such laboratory. If such analysis be made by the professor, said professor shall make and sign a report showing the result of such analysis and forward the same to the state inspector or the deputy forwarding such samples; Provided that no professor of such laboratory shall be required to make an analysis until at least twelve samples shall have been received by him for analysis.

§ 4. MUST FILE OATH OF OFFICE AND BOND.] Every person appointed as state inspector or deputy inspector, before he enters upon the discharge of the duties of his office, shall take oath or affirmation prescribed by the constitution and the 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 South Dakota in the sum of twenty thousand dollars ($20,000) with such surety as shall be approved by the secretary of state, conditioned for the faithful performance of the

duties herein imposed upon him, which bond shall be for the use of all persons aggrieved by the act or neglect of said inspector, and the same shall be filed with the secretary of state. Each deputy inspector, before he enters upon the duties of his office, shall execute a bond to the state inspector in the sum of five thousand dollars ($5,000), with such sureties as may be approved by the state inspector. Such bond shall be filed with the state inspector, shall be conditioned for the faithful performance of the duties herein imposed, and shall be for the use of all persons aggrieved by the act or neglect of said deputy inspector.

5. FEES FOR INSPECTION.] The state inspector, or deputy inspector, is entitled to demand and receive from the owner of any oils tested one quarter of a cent per gallon for all oils inspected; ten cents for each fifty gallons of oils inspected shall be used for paying the salary and expenses of the state inspector and his deputies. Two and one-half cents for each fifty gallons of oils inspected shall be used for purchasing apparatus for chemical laboratories in state institutions for the purpose of making analysis and for the fees of the professors making such analysis. It shall be the duty of the state inspector to keep an accurate record of all oils tested and branded by him, which record shall state the date of inspection, the number of packages, barrels or casks rejected, the number approved, the manufacturer's brand, the name of the person for whom inspected, and the sum of money received for such inspection; and such record shall be open to all persons interested. At the beginning of every month each deputy inspector shall forward to the state inspector a true copy of such record and all moneys received by him for his inspection. In the month of January of each year the state inspector shall make and deliver to the governor a report of the inspection by himself and deputies during the preceding calendar year.

§ 6. SALARY.] The state inspector shall receive an annual salary of one thousand dollars ($1,000). He shall also be allowed such further sum as he may actually and necessarily expend, whether for traveling expenses incurred in the discharge of his duties or for the proper prosecution of any case of offense arising under the provisions of this act. Each deputy inspector shall be entitled to a salary of fifty ($50) per month as herein provided. Each 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 sucn deputy inspector, and for such other sums of money as by the authority of the state inspector he may expend in the prosecution of offenses arising under the provisions of this act. The professors of chemistry in the state education al institutions shall receive one dollar ($1.00) for each analysis made