Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1890-04-11

or and shall, on conviction thereof, be SUBJ
lect to q fine in any sum not exceeding five
hundred (50O) dollars, or be imprisoned in
the county jail for a term not exceeding
six months, or both, at the discretion of the
court. Provided, that the state inspector
or his deputies may, in their discretion,
without fee at any time, subject such oils
to a reinspection as provided in section
two ~ of this act, and if on such rein
the requirements Of this act, the inspector
or deputy shall erase the brand approved"
from the barrel or other vessel containing
such oil, and shall brand thereon the words
rejected for Illuminating purposes" and
it shall thereafter be unlawful to sell or
sons so offending shall be guilty of a mis-
demeanor and shall be subject to the pen
atty In this section provided.
SEC. 6. 1t shall be the duty of every
deputy inspector to keep a true and accur-
ate record OF all oil inspected by him,
which record shall state the date of inspec-
ton, the number of barrels, so near as
the person for whom inspected, and shall
make to the state inspector at the end Of
each month a report containing a true
transcript of such record, and it shall be
the duty OF the state inspector to keep a
like record of all oil inspected by him, and
at the end of each year to make a report
to the secretary of state of the number Of
barrels so inspected and the name of the
person for whom inspected, also amount Of
inferior or unsafe oils for Illuminating
purposes, with the name of dealer in
whose hands found, and from whom re-
ceived by said dealer. Such record shall
be open to the inspection of any and all
persons interested.
SEC. Z. If any person sells or attempts
tn GlII in thlG Stofn onu croh oils m hn nm
sumed within the state for Illuminating
purposes, whether manufactured in the
state or not, without first having the same
Inspected, as provided in section two (2) of
this act,h e shall be guilty of a misdemeanor,
and on conviction thereof shall be fined
in any sum not less than one hundred (1OO)
dollars and not exceeding five hundred
brands any cask, barrel or other vessel as
provided in section five (5) of this act, or
refillS or uses any barrel having the in
spection brand thereon without having
the oil therein inspected, he shall be guilty
OF a mlsdemeanOr and on conviction thereof
he shall be subject to a fine In any sum not
exceeding five hundred (50O) dollars, or to
not exceeding six months, or both, at the
discretion of the court.
SEC. 8. Whoever knowingly uses, sells,
or offers for sale for Illuminating purposes
any oil or product of petroleum, except as
hereinafter provided for, before the same
has been inspected and branded as provid-
ed in section five (5) of this act, shall be
deemed guilty or a misdemeanor and sub
j0ct on conviction thereof, to a fine in any
sum not exceeding one hundred (100) dol
lars, or be imprisoned in the county Jail
for a term not exceeding sixty days, or
both, at the discretion of the court.
SEC. 9. Any person selling or dealing in
Illuminating oils produced from petroleum
who sells or disposes of all empty cask or
state inspector or deputy before cancelling,
removing and effacing the inspection brand
on the same, shall be deemed guilty of a
misdemeanOr, and on conviction thereof
shall be subject to a fine in any [sum] not
exceeding five (5) dollars for each cask or
barrel thus sold or disposed of.
SEC. 10. No person shall fraudulently
adulterate with any substance whatever
for the puopose of sale, or for use for il
Eliminating purposes, any. oil obtained
from petroleum; or obtained from coal, in
such manner as to render it dangerous to
use, nor shall any person knowingly sell
or offer for sale any oil obtained from pc
troleum, or from coal, or from the product
OF either, for illuminating purposes within
this state Which, by reason OF being adul-
terated, or for any reason whatever, will
flash at a temperature less than one hundred
degrees ~Fahrenheit's thermometer, under
the test herein prescribed in this act. Any
person violating any of the provisions Of
this section shall be deemed guilty of a
misdemeanor, and on conviction thereof
shall be subject to a fine in any sum not
exceeding five hundred (5OO) dollars, or
be imprisoned in the county Jail for a term
not exceeding six months, or both, at the
discretion of the court.
SEC. II. Whoever knowingly sells or
keeps for sale to be consumed in the state
any Illuminating oil manufactured from
petroleum or its products, and not inspect
ed as provided in this act shall be respon-
any violation of the provisions of this act
by himself or by any clerk or person in his
employ IN the sale Of such oil.
SEC. IL. The state inspector or any dep
uty who knows of the violation of any of
the provisions Of this act shall enter
complaint before any court of
pempstent 50 jurie e9feadine, against and the he
case the state inspector or any deputy hav-
ing knowledge of the violation Of the pro
visions Of this act neglects to enter COM
plant as required n provided for in this
act, he shall be deemed guilty of a INSIDE
meanor, and on conviction thereof, shall be
fined in any sum not exceeding one humid
red (1oO) dollars, and shall be removed
from his Office as such state inspector or
deputy inspector.
SEC. Is. No state inspector or deputy in
spectOr shall while in Office traffic directly
or indirectly, in any article in which petrO-
leum or other product thereof is a constitu-
ent part which he Is appointed to inspect.
and in. case of any violation of the prOvis-
ions of this section, by the state inspector
or any deputy inspector, he shall be deem
ed guilty of a m~isdemeaDOr. and on cOnvic-
ton thereof, he shall be fined in any sum
not exceeding five hundred (50O) dollars
and be removed from his Office as suchlin-
spector or deputy.
SEC. IA. Any person violating any Of the
provisions of this act, for which violation q
penalty is not herein expressly provided,
shall be deemed guilty of q misdemeanor,
and shall. on conviction thereof, be punish.
ed by a fine not exceeding five hundred
(5OO) dollars or by imprisonment in the
county Jail for a period not exceeding six
months, or by both such fine and imprisOn-
ment in the discretion of the court.
SEC. ID. Nothing in this act shall prevent
the use of gas or vapor from oils for illum-
mating purposes when the oils from which
said gas or Yapor is generated are contain
ed in closed reservoirs outside of the build
ing Illuminated or lighted by said gas, nor
shall anything in this act be so construed
as to prevent the use in street lamps of
lighter products Of petroleum, such as gas
oline, benzine, benzOle and naptha.
SEC: Is. All prosecutions under this act
he nrOSncutpd in the name OF tho