Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1873-01-08
THE OHIO LAW.

regulating the sale of 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.
Weparticularly approve ofthe fifth
section, which makes the seller oflow
test oils responsible for any damage
done by it to property or person. We
always maintained that this was the
surest way to drive low test oils from
the market,
To regulate the sale of Mineral Oils,
and other substances for substances
for Illuminating purposes and to re-
peal an Act entitled "An Act to
provide for the inspection of mine-
raj oils for Illuminating purposes,
passed April 16, 1867. IS. e. s., 402.) J
SECTION l. That it shall be unlaw-
full for any person or persons to offer
for sale, for Illuminating purposes, as
agent or otherwise, any mir eral or ne
trOleum oil. or any oil, fluid or sub
stance which is a product of petrCle
um, or into which petroleum OF any
found as q 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 four square
inches in area, and placing Fahren-
heit's thermometer in said oil, fluid
or substance, in said vessel in such a
manner that the thermometer will in
dictate the temperature ofthe oil, fluid
or Substance being tested, which shall
then be heated at rate of not less
than two degrees per minute, Fahren-
heit, to 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 vapor that will ignite, at any tenn
perature below 110 degrees, Fahren-
heit, then it is hereby declared to be
dangerous, and it shall be unlawful
to sell or offer the same for sale.
SEC. 2. That any person or persons
who shall offer for sale, for illuminat-
ing purposes, any oil, fluid or sub
stance mentioned in the first section
of this act, until he or they have test
ed, or caused the same to be tested, as
prescribed by this act, or who shall
offer for sale for Illuminating purpos-
es, any of said articles that will emit
gas or vapor that will ignite at any
temperature below 10 degrees, Fab
renheit, under the test prescribed by
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 hundred dollars, or i'm
prisonment in the jail of the county
not exceeding twenty days, or both,
at the discretion of the court, and
shall pay the costs of prosecution.
SEC. 8. That if any manufacturer,
refiner or wholesale dealer of any oil,
fluid or substance mentioned in the
first section of this act, as agent or
otherwise, shall sell for Illuminating
purposes any oil, fluid or substance
mentioned in said section, that will |
emit gas or vapOr that will ignite at !
any temperature below ITO degrees,
Fahrenheit. under the test in this act |
prescribed, he or they shall be guilty |
of a misdemeanor, and, on conviction !
thereof, shall be fined in any sum not |
exceeding one thousand dollars, or
imprisonment in the jail of the coun- |
-
both, at the discretion of the court |
trying the case, and shall pay the |
costs of prosecution.
SEC. 4. That if any person or per- !
sons shall sell for Illuminating pur- /
poses, and in a quantity less than one |
barrel at single sale, any oil, fluid /
or substance that will emit a gas or /
vapor that will ignite at any tempera- /
ture below 119 degrees, Fahrenheit /
under the test prescribed by this act,
he or they shall be guilty Of misde-
meanor, and, on conviction thereof,
shall be fined in any sum not less
than twenty-five nor more than two
hundred dollars, or imprisoned in the
Jail of the county not exceeding ten
days, or both, at the discretion of the
court, and shall pay the costs of pros
ecution.
SEC. 5. That if any person shall sus-
tain damage to his property, or injury
to his person, by reason of a violation
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 sus-
tanned thereby.
SEC. 6. That any and all contracts
made in violation of the provisions of
this act are hereafter declared to be
void, and the vendee may return the
oil, fluid or substance purchased, at
the expense of the vendor, and recov-
er from the vendor all that he had
paid therefor, including all charges
for transportation, and all other dam
ages resulting directly from said sale.
SEC. Z. That the council of any city
or cOrporated village may provide by
ordinance for using any of said arti-
Gle, of lower grade than ITO degrees,
in the street lamps pro-
vided by said city or village for light
ing in streets or alleys, in which case
it shall not be unlawful to offer for
sale or sell any of said articles, to be
used only in such street lamps, to Off
GERS duly authorized by said city or
village to purchase for
that purpose Provided, that any per-
son who shall use any of said articles
purchased under and by virtue of
such an ordinance, for Illuminating
purposes, in any other instrument,
lamp or lamps than said street lamps,
he or they shall be guilty of misde-
meanor, and, on csnviction thereof,
fined in any sum not less than ten or
more than one hundred dollars. or
in the jail of the county
not less than one nor more than ten
days, at the discretion of the court,
and shall pay the costs of prOsecu-
tiOn.
SEC. 8. The above reclted act passed
April 16, 1867, Is. & s., 4O2,) be and
the same is hereby repealed.
Sec. 0. This act shall take effect and
be in force from and after the first day
Of August next.
N. n. VAN WORRIES,
Speaker of the House of Representa-
tatiVes.
JACOB MUELLER,
President of the Senate.
Passed April p, 1872.
A GREAT TRISL.