and upon every settlement of an account by an executor or administrator, all his former accounts may be so far opened as to correct any mistake or error therein; excepting that any matter of dispute between two parties, which had been previously heard and determined by the court, shall not be again brought into question by either or the same parties without leave of the court. If upon hearing and settlement of such account, a balance remains in the hands of the executor or administrator due the estate, the court may in its discretion order distribution to be made by such executor or administrator according to law.

invested.

Section 6191. If any sum of money directed by a decree How or order of the court to be distributed to heirs, next of kin, unclaimed or legatees, shall remain for the space of six months un- money to be claimed, the executor or administrator who was ordered to pay over the same, may, by order of the court, invest the same in stocks, or loan the same on bond or mortgage, as the court shall direct, to accumulate for the benefit of the persons entitled thereto, and such investment shall be made in the name of the judge of the court for the time being, and shall be subject to the order of the judge and his successors in office, as hereinafer provided; and the person making such investment shall file in the court a memorandum thereof, with the original certificates, or other evidence of title thereto, which shall be allowed as a sufficient voucher for such payment under the said order or decree; provided, that if the Proviso. amount cannot be so invested, the same, under the order of the court, may be turned into the county treasury and credited to the general fund, and the receipt of the county treasurer taken therefor and filed as a sufficient voucher.

Section 6192. When the person entitled to the money in- How such vested, or turned into the treasury, shall satisfy the court of money paid his right to receive the same, the court shall order it to be to owner. paid over and transferred to him; and in case it shall have been turned into the treasury, he shall receive a warrant therefor, from the auditor, upon the certificate of the judge. SEC. 2. That section 6048 of the revised statutes of Ohio be and the same is hereby repealed.

SEC. 3. That said original sections [6017] 6047, 6049, 6175, 6178, 6187, 6191 and 6192 of the revised statutes of Ohio be and the same are hereby repealed.

SEC. 4. This act shall take effect and be in force from and after its passage.

L. A. BRUNNER,

Speaker pro tem. of the House of Representatives.

JOHN G. WARWICK,

Passed April 11, 1884.

President of the Senate.

[House Bill No. 124.]

AN ACT

To amend sections 394, 395, 396, 397, 398, 399, 400, 401, 402, 403 and 404 of the revised statutes of Ohio, as amended by an act entitled "an act to create the office of supervisor of oils, and to amend title three, chapter fifteen, of the revised statutes of Ohio," passed April 9, 1880, to repeal said sections as so amended, and to create the office of state inspector of oils.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That sections three hundred and ninety-four, three hundred and ninety-five, three hundred and ninety-six, three hundred and ninety-seven, three hundred and ninetyeight, three hundred and ninety-nine, four hundred, four hundred and one, four hundred and two, four hundred and three, and four hundred and four, of the revised statutes of Ohio, as amended by an act entitled "an act to create the office of supervisor of oils, and to amend title three, chapter fifteen of the revised statutes of Ohio," passed April 9, 1880, be and the same are hereby amended so as to read as follows: Section 394. All mineral or petroleum oil, or any oil fluid or substance which is a product of petroleum, or into which petroleum or any product of petroleum enters or is found as a constituent element, whether manufactured within this state or not, shall be inspected, as provided in this chapter, before being offered for sale or sold for consumption for illuminating purposes within the state, and such inspection shall be conducted as herein provided, in the following

manner:

The test shall be made in a test cup of metal or glass, cylindrical in shape, two and a quarter inches in diameter, and four inches deep, both measurements being made inside the cup, and this cup shall be filled to within one-quarter of an inch of the brim with the oil or other substance to be tested, taken at the ordinary temperature; the cup shall be placed in a water-bath sufficiently large to leave a clear space of one inch under the cup, and three-eights of an inch around it, and in such manner as to project about one-quarter of an inch above the water-bath; the space between the cups and the water-bath shall be nearly filled with cold water taken at the ordinary temperature, and the cup being placed in the water-bath, the latter shall be heated by an alcohol lamp, with its flame so graduated that the rise in temperature from sixty degrees Fahrenheit to the highest heat test temperature shall not be less than two degrees per minute, and shall be as near two degrees per minute as is practicable, and shall in no case exceed four degrees per minute. Fahrenheit thermometer shall be suspended in such a manner that the upper surface of its bulb shall be as near as practicable one quarter of an inch below the surface of the oil undergoing test; as soon as the temperature reaches the point of ninety-eight degrees Fahrenheit, the lamp shall be removed from under the water-bath, and the oil shall then be allowed to rise to the temperature of one hundred degrees

Α

Fahrenheit, by the residual heat of water, and at that point the first test for flash shall be made as follows: a taper, hereinafter described, shall be lighted and the surface of the oil shall be touched with the flame of the taper, and it is lawful to apply this flame, either to the center of the oil surface or to any or all parts of it, but the taper itself shall not be plunged into the oil, and if no flash takes place upon the first contact of the flame with the oil, the taper shall not be held in longer contact, but shall be immediately withdrawn; if no flash takes place at the temperature of one hundred degrees Fahrenheit, the lamp shall be replaced under the water-bath, and the temperature raised to one hundred and three degrees, when the lamp shall be again withdrawn, and the oil allowed to rise to one hundred and five degrees by the residual heat of the water, when the test shall be made at one hundred and five degrees by again applying the flame of the taper as herein before specified; if no flash occurs, the test shall be repeated as often as the oil gains five degrees in temperature, thre- degrees with the lamp under the waterbath, and two degrees with the lamp removed; these tests shall be repeated until a flash is obtained; the inspector shall further test the oil by applying the taper at every two degrees rise, without removing the lamp or stirring, but if a flash is obtained by this means by a less rise in temperature than five degrees herein required, he shall at once remove the lamp, stir the oil, and immediately apply the flame; the taper used for testing may be made of any wood giving a clear flame, and it shall be made as slender as possible and with a tip not more than one-sixteenth of an inch in thickness; no taper or match with sulphur upon it shall be used, unless the sulphur is removed before lighting; when the taper is lighted it shall be applied to the oil immediately, that is to say, before an ash or coal has had time to form on the end of the taper beyond the flame, and in applying the taper the flame shall be made to touch the oil, but the taper itself shall not be brought in contact with the oil, and if the taper is so brought in contact with the oil, but not held there longer than for the space of one second, and the oil flashes, the test shall not thereby be vitiated, but the inspector shall immediately remove the lamp, and again test the oil by the flame without allowing the body of the taper to touch the oil; no oil or other substance, which, by the test herein described, flashes at any temperature below one hundred and twenty degrees Fahrenheit, shall be allowed to be sold, or offered for sale, or consumed for illuminating purposes in this state; but it shall be deemed a sufficient compliance with the provisions of this section to test the oil or oils herein described by an apparatus known as the "Foster cup" or Foster's automatic oil tester; and it is lawful to sell, for illuminating purposes, any oil or oils herein described, to be consumed within the state, which bear a flash test of one hundred and twenty degrees Fahrenheit, as shown by said apparatus, and the state inspecter is hereby authorized to substitute the test by the Foster cup or Foster's automatic

State inspector of oils; appointment and term of.

oil tester, instead of the test by the open cup, as herein provided, if, in his judgment, by such change a greater uniformity of test throughout the state will be secured.

Section 395. Immediately upon the taking effect of this act, the governor shall appoint, by and with the advice and consent of the senate, a skilled and suitable person, who is not interested in manufacturing, dealing, or reducing any illuminating oils manufactured from petroleum, as state inspector of oils, whose term of office is for two years, to commence from the fifteenth day of May, 1884, and continue until his successor is appointed and qualified; and in case of a vacancy occurring by death, resignation, or otherwise, the governor shall fill the same as provided in section twelve of the revised statutes of Ohio; provided, that the present state supervisor of oils shall continue in office and perform the duties of state supervisor of oils, under this act, until May 15, 1884. The inspector when so appointed and qualified is empowered to appoint a suitable number of deputies who are not interested in manufacturing, dealing, or vending any illuminating oils manufactured from petroleum, who are Empowered empowered to perform the duties of inspection, and are liable to appoint to the same penalties as the inspector; and the inspector deputies. may remove any of the deputies for reasonable cause and appoint others on their place; provided, that all deputy supervisors of oils now in office shall remain and perform the duties thereof, under this act, until May 15, 1884. The inspector and his deputies shall provide themselves, at their own expense, with the necessary instruments and apparatus, and stencils, brands and stamps, for testing and marking the quality of illuminating oils, and when called upon for that purpose to promptly inspect all oils herein mentioned, and to reject for illuminating purposes, for consumption in this state, all oils which, by being adulterated with naptha, benzine, parafine, or other light oils or other substance, or for any other reason, will not stand and be equal to the test herein prescribed. The inspector shall prepare the forms of all stencils, brands, and stamps provided for in this chapter, and also such general regulations and rules for inspection, not inconsistent with the terms and provisions of this chapter, and such rules and regulations shall be binding on all deputy supervisors in the state. The inspector and his deputies are required to test the quality of all mineral or petroleum oils, or any oil, fluid, or substance which is a product of petroleum or into which petroleum or any product of petroleum enters, or is found as a constituent element, which is offered or intended to be offered for sale for illuminating purposes in this state, and if upon such testing or examination the same meets the requirement herein specified, the inspector or his deputies shall affix by stencil or brand, on any package, cask or barrel containing the same, and by a stamp subscribed with his official signature, the word "approved," with the date of such inspection; and it will then be lawful for any manufacturer, vendor, or dealer to sell the same, to

Duties of.

be consumed within the state as an illuminator; but if the oil so tested does not meet such requirements, he shall mark Rejected oil. by stencil or brand, in plain letters, on any package or barrel containing the same, and by a stamp subscribed with his official signature, the words "rejected for illuminating purposes," giving the date of such inspection; and it shall be unlawful for the owner thereof to sell oil so branded as rejected, to be consumed within the state for illuminating purposes; and if any person sells or offers for sale such rejected oil, he shall be deemed guilty of a misdemeanor, and shall be subject to a penalty in any sum not less than one thousand dollars, or be imprisoned in the county jail not exceeding twenty days, or both.

Section 396. Whoever is appointed state inspector, or deputy inspector, shall, before he enters upon the discharge of the duties of his office, take an oath of office, and file the same in the office of the secretary of state.

The inspector must execute a bond to the state in the sum of twenty thousand dollars, with sureties to be approved by the secretary of state, conditioned for the faithful performance of the duties imposed upon him by law, which bond shall be for the use of all persons in any way aggrieved or injured by the acts or neglect of the inspector, and the same shall be filed with the secretary of state.

Oath and

bond of inspector and deputy.

The deputy inspectors must each execute a bond to the state in the sum of five thousand dollars, with sureties to be approved by the judge of probate of the county where the deputy is located, and file the same with the clerk of the court of common pleas in the county where he resides. The inspector or deputy inspector is entitled to demand and receive from the owner or party calling on him, or for whom he performs the inspection, the sum of forty cents for a single Fees of. barrel, package, or cask; twenty-five cents, each, when the lot does not exceed ten in number; fifteen cents, each, when thelot does not exceed twenty in number; ten cents, each, when the lot does not exceed fifty in number, and five cents, each, for all lots exceeding fifty barrels; and all fees so accruing shall be a lien on the oil so inspected; every inspector, or deputy inspector, shall keep a true and accurate record of all Record of oils so inspected and branded by him, which record shall inspection to state the date of the inspection, number of barrels, and the be kept. name of the person for whom inspected, and such record shall be open to the examination of any and all persons interested; and every deputy inspector shall, on the first Monday Deputies of each month, make a true and accurate return to the state to make inspector of all such inspections for the preceding month, monthly regiving the quantity inspected, the date of the inspection, and the name of the person for whom it is inspected; on the second Monday of November of each year, the state inspector shall make and deliver to the governor a report of the inspection by himself and deputies during the preceding calendar year.

Section 397. If any person for or as agent for any other person shall sell, or attempt to sell, to any person in this state

spector.