Holmes County Republican. [volume] (Millersburg, Holmes Co., O. [Ohio]) 1870-1895, 1873-01-09

/ III IcSdAu W tiio cAdct lcTuls OI Cne law
lately passed in the State of Ohio, reg
ulating the sale oI mineral oils. We
therefore give below the exact text of
the law. Its terms are very strict as
will be seen, but we believe none too
much so for the safety of the consumer
and the general welfare of the trade.
We particularly approve of the fifth
section, which makes the seller of low
test oils responsible for any damage
done by it to property or person. We
have always maintained that this was
the surest way to drive low test oils
from the market.
AN ACT
To regulate the sale of Mineral Oils and
other substances for illuminating pur-
poses, and to repeal an Act entitled
''An Act TO provide for the inspection
of mineral oils for Illuminating pur-
poses," passed April 16, 1867. Is. &
s., 404.)
SECTION l. That it shall be unlawful
for any person or persons to offer for
sale, for illuminating purposes, as agent
or otherwise, any mineral or petroleum
oil, or any oil, fluid or substance which
is product of petroleum, or into which
petroleum or any product of petroleum
enters or is found constituent element,
until after he or they have tested the
same in the manner following to-wit:
By taking not less than half pint of
the oil, fluid or substance to be tested,
and placing the same in a small vessel,
in which there is no other substance, of
such dimensions that the surface of the
oil, fluid or substance shall not exceed
for square inches in area, and placing a
Fahrenheit's thermometer in said oil,
fluid or substance in said vessel in such
a manner that the thermometer will in
dicate the temperature of the oil, fluid
or substance being tested, which shall
then be gradually heated at a rate of no
less than two degrees per minute, Fab
renheit, to a temperature at which said
oil, fluid or substance will emit gas or
vapor that will ignite by bringing the
flame of lighted match or other
burning taper in contact with the sur
face of the article being tested, with
such frequency and in such manner as
to ascertain the exact temperature by
said thermometer at which said fluid,
oil or substance will emit gas or va
por that will ignite, at any temperature
below ITO degrees, Fahrenheit, then it
is hereby declared to be dangerous, and
it shall be unlawful to sell or offer the
same for sale.
SECTION 2. That any person or per-
sons who shall offer forsale for illuminat-
ing purposes, any oil, fluid or substance
mentioned in the first section of this
act, until after he or they have tested,
or caused the same to be tested, as per-
scribed in this act, or who shall offer
for sale for Illuminating purposes, any
of said articles that will emit gas or va
por that will ignite at any temperature
below 10 degrees, Fahrenheit, under
the test prescribed in this act, he or
they shall be guilty OF a misdemeanor,
and, on conviction thereof, shall be
fined in any sum not less than one hun
dred dollars, or imprisonment in the
iail of the county not exceeding twen-
ty days, or both, at the discretion of the
Court, and shall pay the costs of prose-
cution.
SECTION 3. That if any manufacture
er, refiner or wholesale dealer of any
oil, fluid or substance mentioned in
the first section of this act, as agent or
shall sell for illuminating
purposes any oil, fluid or substance
in said section, that will
emit Il gas or vapor that will ignite at
any temperature below 110 degrees,
under the test in this act
prescribed, he or they shall be guilty of
Il misdemeanOr, and, on conviction there
of, shall. be fined in any sum not ex-
ceeding one thousand dollars, or i'm
prisonment i'm the Jail of the county not
exceeding twenty days, or both, at the
of the Court trying the case,
and shall pay the cost of prosecution.
SECTION 4. That if any person or per-
sons shall sell for illuminating purposes,
and in a quantity less than one barrel
at single sale, any oil, fluid or sub
stance that will emit a gas or vapor
that will ignite at any temperature be-
low ITO degrees, Fahrenheit, under the
test prescribed by this act, he. or they
shall be guilty of 4 misdemeanor, and,
on conviction thereof, shall be fined in
any sum not less than twenty-five or
more than two hundred dollars, or i'm
prisoned in the Jail of the county not
exceeding ten days, or both, at the dis
cretion of the Court, and shall pay the
costs of prosecution.
SECTION 8. That if any person shall
sustain damage to his property, or in
jury to his person, by reason of vio-
liation of any of the provisions of this
act by another person, the person guilty
of said violation shall be liable to the
person injured for all damages sustain
ed thereby.
SECTION 6. That any and all contracts
made in violation of the provisions of
this act are hereafter decl ared to be
void, and the vendee may return the
,il, fluid or substance purchased, at the
expense of the vender, and recover from
the vendor, all that he had paid there
for, including all charges for transpor-
tation, and all other damages resulting
from said sale.
SECTION Z. That the council of any
,ity or incorporated village may provide
BY ordinance for using any of said ar
ticle, of lower grade than ll0 degrees,
Fahrenheit, in the street lamps proyi-
led by said city or village for lighting
its streets or alleys, in which case it
shall not be unlawful to offer for sale or
sell any of said articles, to be used oi-
" in such street lamps, to officers duly
authorized by said city or ineorpora-
ted village to purchase for that purpose:
that any person who shall
use any of said articles purchased un-
Ter and by virtue of such an ordinance,
for illuminating purposes, in any other
lamp or lamps than said
street lamps, he or they shall be guilty
If misdemeanor, and, on, conviction