Act repealed.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emit a combustible vapor at a temperature less than one hundred twenty-one degrees Fahrenheit's thermometer" is hereby repealed.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, inspector of dealing in or vending any illuminating oils manufactured from petroleum, as State Inspector of Oils, whose term of

of oils, term.

device.

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 in tank cars. 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 a brand or device shall be affixed by owner or agent by stencil stating "oil inspected in tank, approved ...

barrel, etc.

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 in- notice given spector 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

to owners.

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. 1

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

reports.

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 the State inspector shall make and deliver to the Governor of duplicate 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 inspected at 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 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

branding.

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

Proviso, salary limit. Expenses.

Proviso, deficiency

three hundred, five cents: Provided, That in no case shall a deputy inspector receive more than seventy-five dollars in any month under this act as such salary. Such deputy inspector shall also be entitled to and allowed all actual and necessary expenses for hotel, railroad, stage, steamboat fares, telephone and telegraph messages, 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 the inspection of oil and accounted for and paid out by him as provided for 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 allowed by the Board of State Auditors and paid out of the general fund in the State treasury. SEC. 6. The State inspector shall render to the Board of disbursements, State Auditors quarterly, a detailed account of all the receipts and disbursements of his office, to be audited and allowed by it if found correct; and at the end of the year any surplus shall be paid into the State treasury, together with all interest on all moneys received under the provisions of this act deposited by him.

allowed out of general fund.

Receipts and

quarterly

account.

Surplus.

Approved April 14, 1909.

Bond, authority to redeem certain.

Appropriation.

[No. 40.]

AN ACT to provide for the redemption and payment of outstanding bond number six hundred thirty-one for three thousand dollars of the five million dollar loan of eighteen hundred thirty-seven, and to make appropriation therefor.

The People of the State of Michigan enact:

SECTION 1. Upon presentation of outstanding bond number six hundred thirty-one for three thousand dollars of the five million dollar loan of eighteen hundred thirty-seven to the State Treasurer, the said treasurer is hereby authorized to redeem the same and to pay to the holder of said bond, or his authorized agent or attorney, the sum of one thousand seven hundred thirty-five dollars and seventy-one cents, said sum to be in full payment and satisfaction of all liability of the State upon said bond.

SEC. 2. There is hereby appropriated out of any money in the general fund not otherwise appropriated the sum of one thousand seven hundred thirty-five dollars and seventy-one cents to be used for the purpose herein indicated.