person shall make no unnecessary interference with the use of such scales, machinery or apparatus. SEC. 18. The owner, agent or operator of any coal mine shall keep a sufficient supply of timber to be used as props, so that supply of the workmen may at all times be able to properly secure the props. workings from caving in, and it shall be the duty of the owner, agent or operator to send down all such props when required. SEC. 19. Any person willfully neglecting or refusing to com ply with the provisions of this act when notified by the mine Penalties. inspector to comply with such provisions, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding five hundred dollars, or imprisonment in the county jail not exceeding six months, except when different penalties are herein provided. SEC. 20. Chapter 202 of the acts of the eighteenth general Acts 18th G. A., assembly is hereby repealed. Ch. 202, repealed. 17 G. A., Ch. 172. 447. [This act is repealed by the following:] INSPECTION OF COAL OIL. [Twentieth General Assembly, Chapter 185.] ate to appoint of oils. spector and SECTION 1. The governor, by and with the advice and consent of the senate, shall appoint a suitable person, resident of the Governor with state, who is not interested in manufacturing, dealing in, or consent of sent vending any illuminating oils manufactured from petroleum, as state inspector state inspector of oils, whose term of office shall commence on the first day of April of each even-numbered year, and continue for the term of two years and until his successor is appointed and Term. qualified. It shall be the duty of such state inspector, by him-Duty of in self or his deputies, hereinafter provided for, to examine and deputies. 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 device, "Approved, flash test-degrees" (inserting the number of degrees), with the date, over his official signature, upon the package, barrel or cask containing the same. And it shall be lawful for the state inspector, or his deputies, to enter May enter into or upon the premises of any manufacturer, vender or dealer upon premises of said oils, and if they shall find or discover any kerosene oil, or urer or dealer. any other product of petroleum kept 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. It 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 When rejected. illuminating purposes; flash test-degrees," (inserting the numher of degrees). And it shall be unlawful for the owner thereof Unlawful to to sell such oil or other product of petroleum for illuminating sell rejected purposes. And if any person shall sell or offer for sale any of of manufact oil. such rejected oil or other product of petroleum for such purpose, he shall be deemed guilty of a misdemeanor, and, upon conviction Penalty. thereof, shall be subject to a penalty not exceeding three hundred dollars. May appoint deputies. Duty of inspector. Board of health to adopt tester. SEC. 2. The state inspector provided for in this act, is authorized to appoint a suitable number of deputies, which deputies are 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 herein before mentioned, and to reject for illuminating purposes, all oils which will emit a combustible vapor at a temperature of one hundred degrees standard Fahrenheit thermometer, closed test, provided the quantity of oil used in the flash test shall not be less than one-half pint. The cl tester adopted and recommended by the Iowa state board of health, shall be used by the inspector and his deputies in all tests made by them. And said board shall prepare rules and regulations as to the manner of inspection in the use of the oil tester adopted, which rules and regulations shall be in effect and binding upon the inspector and deputies appointed under this act. Inspector to SEC. 3. The state inspector before he enters upon the distake oath and charge of the duties of his office shall take the oath or affirmation give bond. provided by law, and file the same in the office of the secretary of state, and execute a bond to the state of Iowa in a penal sum not less than twenty thousand dollars with sureties thereto, to be approved by the secretary of state, who shall justify as provided by law, and in addition thereto state under oath that they are not interested, directly or indirectly, in manufacturing, dealing in or vending any illuminating oils manufactured from petroleum; such bond to be conditioned for the faithful performance of the duties imposed upon him by this act, and which shall be for the use of all persons aggrieved by the acts of said inspector, or his deputies, and the same shall be filed with the secretary of state. Filed with see. Every deputy inspector before entering upon the discharge of retary of state. his duties, shall take a like oath or affirmation prescribed herein for the state inspector, and execute to the state a bond in the penal sum of five thousand dollars with like conditions and for like purposes, and with sureties thereto who shall justify and have like qualifications as herein provided for the sureties for state inspector, and such sureties shall be approved by the clerk of the district court of the county in which such deputy inspector resides, and said bond and oath shall be filed in the office of such clerk and such deputy inspector shall before entering upon the discharge of his duties forward said clerk's certificate of such filing to the state inspector and to the secretary of state to be placed on file. Deputies to give bond to be filed with clerk of district court. sec Inspection to All inspections herein provided for shall be made. be made in the within the state of Iowa, and the inspector or deputy inspector shall be entitled to demand and receive for his services from the state. owner or party calling on him, or for whom he shall perform the SEC. 5. It shall be the duty of the state inspector and every deputy inspector to keep a true and accurate record of all oils so Record of oil inspected and branded by him which record shall state the date inspected. of inspection, the number of gallons rejected, the number of gallons approved, the number of gallons inspected, the number and kind of barrels, casks or packages, the name of the person for whom inspected and the amount of money received for such inspection; and such record shall be open to the inspection of all persons interested; and every deputy inspector shall return a true copy of such record at the beginning of each month to the state inspector. It shall be the duty of the state inspector to make and deliver to the state auditor for the fiscal period ending the thirteenth day of June, 1885, and every two years thereafter, a Report to report of the inspections made by himself and deputies for such state. period, containing the information and items required in this act to be made of record, and the same shall be laid before the gen- Report to G. A. eral assembly. auditor of selling oil inspected. SEC. 6. If any person or persons, whether manufacturer, vendee or dealer shall sell or attempt to sell to any person in this Penalty for state any illuminating oil, the product of petroleum, whether is not manufactured in this state or not, which has not been inspected as provided in this act, he shall be deemed guilty of a misdemeanor and subject to a penalty in any sum not exceeding three hundred dollars, and if any manufacturer, vendee or dealer in either or any of said illuminating oils shall falsely brand the For falsely branding or package, cask or barrel containing the same, as provided in this re-filling. act, or shall refill packages, casks or barrels having the inspector's brand thereon without erasing such brand, having the oil inspected and such packages, casks or barrels rebranded, he shall be guilty of a misdemeanor and shall be subject to a penalty not exceeding three hundred dollars or be imprisoned in the county jail not exceeding six months or both in the discretion of the court. SEC. 7. Any person selling or dealing in illuminating oils produced from petroleum who shall sell or dispose of any empty Emp'y barrels. kerosene barrel, cask or package before thoroughly canceling, removing or effacing the inspection brand on the same, shall be guilty of a misdemeanor, and on conviction thereof, shall pay a Penalty for approved of. fine of one dollar for each barrel, cask or package thus sold or disposed of; and any person who shall knowingly use any illuusing oil not minating oil, the product of petroleum, for illuminating purposes before the same has been approved by the state inspector of oils, or his deputy, shall be guilty of a misdemeanor, and, on conviction thereof, shall pay a fine in any sum not exceeding ten dollars for each offense. Adulteration. Proviso. Penalty. Persons offending to be prosecuted. Penalty for failure to prosecute. Oil which will ignite at 300 etc. SEC. 8. No person shall adulterate with paraffine or other substance, for the purpose of sale or for use, any coal or kerosene oils, to be used for lights, in such a manner as to render them dangerous to use; nor shall any person knowingly sell or offer for sale, or knowingly use any coal or kerosene oil, or any products of petroleum for illuminating purposes which by reason of being adulterated or for any other reason, will emit a combustible vapor at a temperature less than one hundred degrees of standard Fahrenheit's thermometer, tested as provided in this act; provided, that the gas or vapor from said oils may be used for illuminating purposes when the oils from which said gas or vapor is generated are contained in closed reservoirs outside the building illuminated or lighted by said gas. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof, be punished by imprisonment in the county jail not more than one year, or by fine not exceeding five hundred dollars, or by both such fine and imprisonment in the discretion of the court; provided further, that nothing in this act shall be so construed as to prevent the sale for and use in street lamps of lighter products of petroleum, such as gasoline, benzine, benzole, naphtha, or to prevent the use of machines or generators constructed on the principle of the "Davy safety lamp." SEC. 9. It shall be the duty of the state inspector, and of any deputy inspector, who shall know of the violation of any of the provisions of this act, to prosecute before a court of competent jurisdiction any person so offending. And in case the state inspector, or any deputy inspector, having knowledge of the violation of any of the provisions of this act, shall neglect to prosecute as required herein, he shall be deemed guilty of a misdemeanor and punished accordingly, and upon conviction, shall be removed from office. SEC. 10. No oil, nor fluid, whether composed wholly or in degrees prohib- part of petroleum, or its products, or of other substances or ited as freight, material, which will ignite and burn at a temperature of three hundred degrees of the standard Fahrenheit thermometer, open test, shall be carried as freight, nor shall the same be burned in any lamp, or vessel, or stationary fixture of any kind, in any passenger, baggage, mail or express car on any railroad, nor on any passenger boat moved by steam-power, nor in any street railway car, stage coach, omnibus or other public conveyance in which passengers are carried, within this state. A violation of any of the provisions of this section shall be deemed a misdemeanor, and the offender shall on conviction thereof be fined not less than one hundred dollars, nor more than one thousand dollars, and shall be liable for all damages resulting therefrom. Penalty. SEc. 11. If any inspector or deputy shall falsely brand or mark any barrel, cask or package, or be guilty of any fraud, de- Penalty for ceit, misconduct or culpable negligence in the discharge of his false branding. official duties, or shall deal in, or have any pecuniary interest, directly or indirectly, in any oils or fluids used or sold for illuminating purposes, while holding such office he shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined not exceeding one hundred dollars, or imprisoned not exceeding thirty days, and be liable to the party injured for all damages resulting therefrom. SEC. 12. It shall be the duty of the governor to remove from office, and to appoint a competent person in the place of any in- Removal from spector who is unfaithful in the duties of his office. SEC. 13. Any person who shall knowingly or negligently sell, office. selling oil be or cause to be sold, any of the oils mentioned in this act, for Penalty for illuminating purposes, except for the purposes herein authorized, low test. which are below the standard and test required in this act, shall be liable to any one purchasing said oil, or to any person injured thereby, for all damages resulting from any explosion of said oil. health to make SEC. 14. Within sixty days after the passage of this act, the state board of health shall make and provide the necessary rules State board of and regulations for the inspection of illuminating oil as contem- rules. plated in this act, and on application, shall furnish the inspector and his deputies with the same. SEC. 15. Chapter 172 of the acts of the seventeenth general assembly and section 3901 of the code are hereby repealed. 18 G. A., Ch. 75. This act does not repeal any of the provisions of title 11, ch.6,of the Code, except possibly so far as necessary to allow sales by the registered apoth 18 G. A. Ch. 75, § 3. 448. ecaries of intoxicating liquors for med- 449. [19 G. A., ch., 175, § 1, provides that the commissioners of pharmacy shall make biennial reports to the governor, on or before the 15th day of August, preceding the regular sessions of the general assembly: See that act, in supplement to page 28.] SEC. 4. [19 G. A., ch. 137, § 1, amends this section by striking out all after the word "thereof," in the fourth line, and enacting in lieu thereof the following:] Repeal. Druggists and pharmacists, who were registered without exami- Forfeiture of nation, forfeit their registration when they have voluntarily sold, registration. parted with, or severed their connection with the drug business for a period of two years at the place designated in certificate of registration. Should such party who has thus forfeited his registration wish to re-engage in the practice of pharmacy, he is required to be registered by examination as per section 5. Every registered pharmacist, who desires to continue his profession, shall, tificate. Renewal cer |