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Kerosene, dealers of.

Purchasers of gasoline,

etc.

Kerosene, users of.

No such dealer shall deliver kerosene in a barrel, cask, jug, package or can painted and lettered as hereinbefore provided. Every person purchasing gasoline, benzine or naphtha for use or sale at retail shall procure and keep the same only in barrels, casks, jugs, packages or cans painted and lettered as hereinbefore provided. No person keeping for use or using kerosene shall put or keep the same in any tank wagon, barrel, cask, jug, package or can painted and lettered as herein before provided: Provided, however, That in case of gasoline, etc., gasoline, benzine and naphtha being sold in bottles of not more than one quart for cleaning and similar purposes, it shall be deemed sufficient if the contents of such bottles are so designated by a label securely pasted or attached thereto with the words "gasoline," "benzine" or "naphtha," printed in bright red ink in letters not less than one-fourth inch in size.

Proviso,

in bottles.

Penalty for violation.

State oil inspector, duty, compensation, etc.

Proviso, deputy inspectors

Acts repealed.

SEC. 2. Any person violating any of the provisions of section one of this act shall be punished by a fine of not more than fifty dollars or by imprisonment in the county jail not to exceed ninety days, or by both such fine and imprisonment in the discretion of the court before whom such conviction is had.

SEC. 3. It shall be the duty of the State Oil Inspector and his deputies to enforce the provisions of this act; and their compensation at three dollars per day and expenses while so engaged shall be paid from the fund derived from inspection of illuminating oil: Provided, however, That the compensation for deputy inspectors under this act, together with salary provided for in the act governing the inspection of illuminating oil, shall not exceed eighty-seven dollars in any one month.

SEC. 4. Act number one hundred eighty-one of the public acts of eighteen hundred ninety-nine, and act number one hundred seventy-eight of the public acts of nineteen hundred seven are hereby repealed.

Approved April 14, 1909.

[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

adulteration

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 of. 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° Fahrenheit. 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, rided, 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 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 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 deputies, 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 giving date of approval, and the barrels or casks must also

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out the provisions of this act it shall be lawful for the State" of any manufacturer, vendor or dealer of said oils, and if inspector or his deputies to enter into or upon the premises they shall find or discover any kerosene oil or any other product of petroleum intended for sale or use for illuminating

may

enter premises.

in barrel,

notice given to owners.

ing 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

oil as

Penalty.

Inspector to supervise use illuminating oil on trains.

Duty to inspect.

State in

spector, 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,

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