ninety days, or by both such fine and imprisonment, in the This act is ordered to take immediate effect. Justice of the peace, election of, etc. [No. 24.] AN ACT to provide for the election of but one Justice of the Peace, and one Associate Justice of the Peace, in the City of Muskegon; to fill vacancies in said offices; to give to said city certain fines imposed by said justices, and the fees and earnings of said offices; to fix the compensation of said justices, prescribe their powers and duties; to abolish and discontinue the offices of the present four Justices of the Peace in said city, and to repeal all acts and parts of acts inconsistent with or contravening this act. The People of the State of Michigan enact: SECTION 1. That on the first Monday of April, in the year eighteen hundred and ninety-nine, and on the first Monday of April in each four years thereafter, and at no other time, except as hereinafter provided, the qualified voters of the city of Muskegon, shall elect one justice of the peace, who shall, within ten days from the date of said election, take and file his oath of office and his bond of office, in manner and form prescribed by the general law of the State, and enter upon Term of office. the discharge of the duties of said office, and shall hold said office for the term of four years thereafter, and until his successor is elected and qualified. Salary. Restrictions as to leave of absence. Associate justice, when elected, etc. SEC. 2. Said justice of the peace shall receive an annual salary, from the treasury of said city, in such sum as the common council of said city shall determine, each year, not less than one thousand dollars and not exceeding eighteen hundred dollars, payable in monthly installments. Said justice of the peace shall not be absent from said city on any business day, unless granted leave of absence by resolution of said common council. SEC. 3. On the first Monday of April, in the year nineteen hundred and one, and on the first Monday of April in each four years thereafter, and at no other time, except as hereinafter provided, the qualified voters of said city shall elect one associate justice of the peace, who shall, within ten days from the date of said election, take and file his oath of office and his bond of office, in manner and form prescribed by the general law of the State, and enter upon the discharge of the duties Term of office. of said office, and shall hold said office for the term of four years thereafter, and until his successor is elected and qualified. SEC. 4. Said associate justice of the peace shall have no Powers and powers, duties nor jurisdiction, except only at such times and duties. in such cases as there shall be vacancy in the said office of said justice of the peace, or when said justice of the peace shall be unable to perform the duties of his said office by reason of sickness of himself or some member of his family, or his absence from the said city, or shall be disqualified to act by the general law of the State; then at such times and in such cases said associate justice shall, for the time being, assume the powers, duties and jurisdiction, and control of the office, dockets, business and cases of said justice of the peace, shall proceed to the trial of cases already commenced, issue process in commencement of new cases, and conduct the affairs and business of said office as justice of the peace, until said vacancy shall be filled, or said justice of the peace is again able to perform the duties of said office, and the cases commenced and unfinished by said associate justice shall be conducted and finished by said justice of the peace. how paid. SEC. 5. Said associate justice of the peace shall receive, Compensation, for the time actually spent in the discharge of the duties named in section four of this act, from the treasury of said city, such sum per diem as said common council shall determine, each year, payable at the time such service is rendered. SEC. 6. All the fines imposed by either of said justices, in Disposition of prosecutions for the violation of any city ordinance, and the anes, etc. fees and earnings of either of said offices shall belong to the city of Muskegon and shall be, by either of said justices, or any official collecting the same, turned over to the treasurer of said city, on the first business day of each month, and each of said justices shall, at the same time, make detailed report to said common council of the earnings and fees of his said office for the month then past. provide court SEC. 7. The said common council shall provide suitable Council to court room or office, dockets and books for said justice, and room, etc. said justice shall be police justice of said city. etc., of justice. SEC. 8. Said justice shall have the same powers, duties and Powers, duties, jurisdiction as are prescribed by the general law of the State, and the charter of said city, relative to justices of the peace and justice courts, and the police court of said city. filled. SEC. 9. Vacancies in said offices of justice of the peace and Vacancies, how associate justice of the peace, shall be filled for the unexpired term by election at any regular or annual election held in said city, or at any special election held for that purpose, in accordance with the provisions of the charter of said city for holding special elections. present justiees SEC. 10. At the expiration of the term for which each of When offices of the present four justices of the peace of said city were clected, abolished. or whenever vacancy shall occur in either of said offices, the same shall be and hereby is abolished and discontinued; Disposition of the files, records and dockets belonging or appertaining to records, dockets, etc. Power of justice in matters transferred. Acts repealed. each of said offices hereby abolished and discontinued shall, at the expiration of the term for which either of said justices was elected, or when a vacancy shall occur in either of said offices, be filed with the justice of the peace whose election is provided by this act, and said last named justice shall be and hereby is authorized and empowered to issue execution upon any judgment, or transcript of any judgment appearing upon said dockets, in the same manner and with like effect as if judgment had been rendered by him. SEC. 11. All acts or parts of acts inconsistent with or contravening this act are hereby repealed. This act is ordered to take immediate effect. Appropriation for purchase of books for state library. Money, how drawn and expended. Appropriation for traveling libraries. [No. 25.] AN ACT to provide for the purchase of books and equipments for the Michigan State library and the Michigan traveling libraries. The People of the State of Michigan enact: SECTION 1. That the sum of five thousand dollars, to be assessed, levied and collected in the same manner as other State taxes, is hereby appropriated for each of the years eighteen hundred ninety-nine and nineteen hundred, for the purchase of books and such other material as is appropriate to be added to the State library. The money so appropriated shall be drawn from the State treasury upon the warrant of the Auditor General, and shall be expended by the State Librarian, with the advice and consent of the Governor, for the purchase of books, pamphlets, papers, documents and other matter for the library, and for other purposes of benefit and advantage to said library. SEC. 2. There shall be appropriated from the treasury of the State, from funds not otherwise appropriated, the sum of two thousand five hundred dollars, for the year eighteen hundred ninety-nine, and the sum of two thousand five hundred dollars for the year nineteen hundred, for the purchase of books and equipment of the Michigan traveling libraries. This act is ordered to take immediate effect. Approved March 29, 1899. [No. 26.] AN ACT to provide for the inspection of illuminating oils manufactured from pretroleum 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 ninetyone, and act number ninety-four of the laws of eighteen hundred ninety-three. The People of the State of Michigan enact: appoint inspector. when oil is in 1 SECTION 1. The Governor shall appoint a suitable person, Governor to resident of this State, who is not interested in manufacturing, inspector of oils. 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 Term of office. his successor shall be appointed and shall qualify. It shall be the duty of said State Inspector, or his deputies hereinafter Duty of provided, to examine and test the quality of all such oils offered for sale by any manufacturer, vender or dealer, and if, upon such testing or examination, the oils shall meet the requirements hereinafter specified, he shall fix his brand or How branded. 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 cars, it Proceedings 'shall be the duty of the inspector, or one of his deputies, upon tank cars. finding the oil so contained to meet the requirements hereinafter specified, to furnish the owner of such oil with a certificate, either written or printed, or partly written and partly Certificate of 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 marks of designation, of the tank car inspected, the number 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 barrel or cask drawn from such tank car, and offered for sale, the same brand or device shall be affixed as is required for oil inspected in barrels or casks. And to more effectually carry out the provisions of this act, Power of it shall be lawful for the State Inspector, or his deputies, to enter into or upon the premises of any manufacturer, vender 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. And it approval. inspector. How branded when oil does not meet requirements. certain oil shall be lawful for any manufacturer, vender 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 any oil contained in tank cars which shall 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 Unlawful to sell the hands of the owner of such oil, 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 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. Penalty for violation of section. Certain oils used on railroad trains to be inspected. Inspector to appoint deputies. Proviso. Proviso as to removal. Apparatus for testing oils, how furnished. What oil to reject. Proviso. Tester to be. used. To subscribe oath. SEC. 2. The State Inspector provided for in this act is hereby empowered to appoint a suitable number of deputies: Provided, That the number of said deputies so appointed shall not exceed twenty-two, 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 illuminating oils, and when called upon for that purpose to promptly inspect all oils hereinbefore 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 shall be the Foster automatic tester cup, with the lighted wick placed inside the tube, and under the thimble which shall be used by the Inspector and his deputies. SEC. 3. Every person appointed State Inspector shall, before he enters upon the discharge of the duties of this office. take an oath or affirmation prescribed by the constitution and |