Birmingham state herald., 1897-02-21


 thirty days, or both, at the discretion Of
 the court.
 Sec. B. If any person or per
 sons, or agent of any person,
 shall sell or attempt to sell, to any per son in this state, any such oils, to be con- sumed within this state for illuminating purposes, whether manufactured within this state or not before having the same inspected, as provided in this act, he shall be deemed guilty of misdemeanor and shall be subject to penalty, and, upon conviction thereof shall be fined In
 any sum not less than $50 nor more than $500, or be imprisoned in the county jail
 not exceeding six months, or both, at the discretion of the court.
 Sec. f. Any person who shall
 knowingly use for lighting or Illuminating purposes, any oil of any kind before the same has been duly 1n- spected and approved as required by thls act. shall be deemed guilty of misde- meanor, and upon conviction shall De | fined in any sum not less than BIO nor l more than S200 provided, that the pro | visions of this act shall not apply to l sperm or lard oil.
 Sec. 5. Any person or persons | selling, or in any way disposing or an empty or partly empty bar ! rel, case or package which has been 1 branded by the inspector or an assistant | inspector before thoroughly cancelllng' 1 removing and effacing the inspection brand on same, shall be guilty of mls- demeanor and upon conviction shall pc | fined for each offense the sum of $50, and | be imprisoned in the county jail TOT any period not more than sixty days Sec. 6. Any person or persons who | shall sell. or keep for sale, to be; consumed within tnls staiG sG io or 1 illuminating purposes, any OIL or | oils whatever, not duly inspected ana ap- proved according to the provisions Of tnls | act, shall be liable in damages to the | amount of any injury resulting from the use of such oil or oils to the person or | persons injured in person or property and such damages may be recovered Dy | proceedings in the several circuit courts | in this state the same as damages may be | recovered in ether civil cases.
 Sec, '. It shall be the duty of 1 the district inspector who shall | know of the violation of any or | the provisions of this act, to enter | complaint before any court of competent | jurisdiction against any person so offend | ing; and in case the district inspector 1 having knowledge of the violation of the | provisions of this act, shall neglect to enter complaint as required by and pro | vided for In this act, he shall be deemed l guilty of a. misdemeanor. and upon con | viction thereof shall be fined in any sum not exceeding five hundred dollars, and be removed from his position as inspec- | tor.
 adnIterate any kind of oil which is used or to be used for illu- mlnatng or combustive purposes, with benzine, gasoline, naptha, paraft1ne | oils, or any other substance or fluid. Any person or persons, whether aeting for himself or another who shall violate any of the provisions of this section shall be deemed guilty of misdemeanor, and uDon conviction shall be fined not less | than one hundred dollars nor more than one thousand dollars; and in the event any such adultera ted oil be discovered, the same shall be confscated and sold by | the inspector for other purposes than | illumination. and the proceeds thereof shall be paid into the public school fund of this state.
 Sec. 9. It shall be the duty of the district inspector or assls- tants to inspect the oil which any person shall demand inspection of within five days after such demand is made; and any inspector or assistant | who shall purposely and wilfully fail to comply with the provisions of this sec ! tion shall be deemed guilty of a misde- 1 meanor and, upon conviction, shall be l fined in any sum not more than two | hundred dollars.
 Sec. 10. Any person not duly authorized inspector or assistant,
 who shall brand with an inspectors brand any barrel, cask. pack age, tank or other vessel containing oil l for Illuminating purposes, or any person I who shall fill, or cause to be filled for use,
 
 vessel having m inspectors brand>there- l on, without first having the oil inspected | and approved as this act provides, shall be guilty of rnisdemeanor and upon conviction shall be fined in any sum not l less than one hundred dollars nor more than three hundred dollars.
 Sec. Il. No inspector or assistant
 shall while in office. traffic. di- reetlY or indirectly, in any Ir- ticle in which petroleum or other pro- duct thereof is a constituent part; and in case of any violation of the provisions of l this section by the inspector or his as- sistants, he shall be deemed guilty of a misdemeanor, and upon conviction there of he shall be fined in any sum not ex- ceedinsi five hundred dollars, and shall l be removed from office as such inspector or assistant. All controversies and dis putes arising at any time between the | dealers. in reference to the correctness l of the test and inspection, shall be sub- mtted to the state chemist at Auburn | for decision: and the decision of such chemist shall be final.
 Sec. 12 Nothing in this act shall pre- vent the use of gas or vapor from oils 1 for Illuminating purposes. when proper l ly generated and contained in safe reser- l voirs under ground, away from all build | ings to be lighted or illuminated by such gas or vapor.
 Sec. 13. Every package, cask, barrel or other vessel containing oil to be inspect l ed shall be duly and carefully inspected and the same shall not be marked as approved unless the oil therein shall have | been inspected as hereinbefore provided Anyinspector or assistant, who shall vio- l late the terms of this section, shall be removed by the auditor, when the off, fense has been proved to the satisfaction of the auditor.
 Sec. IL The district inspectors or their assistants within their respective dis tricts shall have power to enter any place or building where oils or fluids, as before designated in this act are kept | in store for sale or consumption, in this state. they shall have power also to re- inspect any oil or fluid in-their respective districts, which they have reason to sus- pect is below the standard required by law, provided, no fee shall be charged for re-inspection. If any inspector or as- sistant shall find any oil or fluid as desig- mated in this act under the fire test as required by law, and falsely branded, he | shall prosecute or cause to be prosecuted, l the offender as herein authorized in this act.
 Sec. 15 It shall be the duty of the in-