him on the final hearing within such time as the court shall direct, then a writ of possession shall be issued in his favor against such occupant, or decree shall be entered against such unsuccessful claimant as the case may require.

3871 SEC. 9. [Same.] If the successful claimant shall elect to receive the value of the real estate without improvements, to be paid by the occupants or claimant within such time as the court shall direct, and shall tender a general warranty deed for such real estate to the occupant or claimant, and such occupant or claimant shall refuse or neglect to pay said sum of money to the successful claimant within the time allowed by the court for that purpose, then such successful claimant shall deposit with the clerk of the court the amount found due the occupant or claimant, and thereupon a writ of possession shall be issued in favor of such successful claimants, or decree shall be entered in his favor as the case shall require.

3872 SEC. 10. [Decree.] The occupant or claimant shall in no case be evicted from possession, or deprived of his right in the premises, except as provided in the two preceding sections, and in case the successful claimant shall neglect to elect to take said real estate with improvements, or to convey the same to the occupant or claimant, within such time as the court shall direct, then decree shall be entered in favor of the occupant or claimant upon his payment into court the value of the real estate without improvement. Such decree shall have the effect to transfer and convey to such occupant or claimant the title and rights of the successful claimant.

3873 SEC. 11. [Suits pending.] This act shall apply to all suits now pending or hereafter brought, wherein any of the claims or rights herein set forth shall be demanded, and such demand for improvements or taxes may be made upon the overruling by the court of a motion for a new trial, or in case the suit is one in equity, then such demand may be made within three days after the entry of decree. In suits now disposed of in which the unsuccessful occupant or claimant would have been entitled to the relief herein provided for, such occupant or claimant, may make such application to the court within six months after this act shall become a law; Provided, however, That all of the provisions of this act shall be limited and restricted to those cases where the title to the real estate in controversy is derived from some source other than that which comes from such tax titles, tax certificates, tax receipts, or the payment of taxes by any person claiming any interest in or title to such real estate, by reason of such tax deeds, or tax titles, tax certificates, or tax receipts.

SEC. 11. Persons claiming under tax deed entitled to benefits of act. 26 Neb., 670.

CHAPTER 64.-OILS.

ARTICLE I.-SALE.

3874 SECTION 1. [Testing oils.] That it shall be unlawful for any person or persons to offer for sale, for illuminating purpose, as agent, or otherwise, any 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, until after he, or they have tested the same in the manner following, to-wit: By taking not less than half a 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 a Fahrenheit's thermometer in said oil, fluid, or substance in said vessel, in such manner that the thermometer will indicate the temperature of the oil, fluid, or substance being tested, which shall then be gradually heated at a rate of not less than two degrees per minute, Fahrenheit, to a temperature at which said oil, fluid, or substance will emit a gas or vapor that will ignite by bringing the flame of a lighted match or other burning taper in contact with the surface of the article being tested, with such frequency and in such a manner as to ascertain the exact temperature by said thermometer at which said fluid, oil, or substance will emit a gas that will ignite, and if it will emit a gas or vapor that will ignite at any temperature below one hundred and ten degrees, Fahrenheit, then it is hereby declared to be dangerous, and it shall be unlawful to sell or offer the same for sale. [1875, § 1, 27.]

3875 SEC. 2. [Penalty for selling.] That any person or persons who shall offer for sale for illuminating purposes, any oil, fluid, or substance mentioned in the first section of this act, until after he or they, have tested, or caused the same to be tested, as prescribed by this act, or who shall offer for sale for illuminating purposes, any of said articles that will emit a gas, or vapor, that will ignite at any temperature below one hundred and ten degrees, Fahrenheit, under the test prescribed in 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 imprisoned in the jail of the county not exceeding twenty days, or both, at the discretion of the court, and shall pay the costs of the prosecution.

3876 SEC. 3. [Same.] That if any person or persons, 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 a gas or vapor that will ignite at any temperature under one hundred and ten 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 county not exceeding twenty days, or both, at the discretion of the court trying the case, and shall pay the costs of prosecution.

3877 SEC. 4. [Same.] That if any person or persons, shall sell for illuminating purposes, and in a quantity of less than one barrel at a single sale, any oil, fluid, or substance, that will emit a gas or vapor, that will ignite at any temperature below one hundred and ten degrees Fahrenheit 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 twenty-five, nor more than two hundred dollars, or

ART. I. "An act to regulate the sale of illuminating oils." Laws, 1875, 27. Took effect May 1, 1875.

imprisonment in the jail of the county not exceeding ten days, or both, at the discretion of the court, and shall pay the costs of prosecution.

3878 SEC. 5. [Damages.] That if any person shall sustain damage to hi 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 violation shall be liable to the person injured for all damages sustained thereby, and in case any person violating the provisions of this act, shall, by such violation, cause the death of another, he shall be guilty of manslaughter, and on conviction thereof, shall be punished according to the provisions of the section of the criminal statute defining that crime.

3879 SEC. 6. [Contracts, when void.] That any and all contracts made in violation of the provisions of this act are hereby declared to be void, and the vendor may return the oil, fluid, or substance purchased, at the expense of the vendor, and recover from the vendor all that he has paid therefor, including all charges for transportation, and all other damages resulting from said sale.

ARTICLE II.-INSPECTION OF OILS.

3880 SECTION 1. [Inspection.] All minerals 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 in this state or not, shall be inspected as provided in this act before being offered for sale for consumption for illuminating purposes in the state. [1887, chap. 53.]

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3881 SEC. 2. [State Inspector-Deputies.] The governor shall appoint a suitable person, resident of this state, who is not interested in manufacturing, dealing, or in vending any of the illuminating oils specified in section one of this act, as state inspector of oils, whose term of office shall be two years from the date of appointment or until his successor shall be appointed and shall qualify. It shall be the duty of said state inspector or his deputies hereinafter provided for, to examine and test the quality of all such oils offered for sale by any manufacturer, vendor, or dealer, and if upon such testing and examination, they shall meet the requirements hereinafter specified, he shall fix his brand or devise, viz: "Approved flash test ... degrees" (inserting the actual flash test), with the date of his official signature upon the package, barrel, or cask containing the same. And to more effectually carry out the provisions of this act, it shall be lawful for any state inspector or his deputies to enter into or upon the premises of any manufacturer of, vendor of, or dealer in said oils, and if any such oils intended for consumption for illuminating purposes within the state shall be there found which should have been inspected, as provided for in this act, and have not been, the inspector shall proceed to test and brand the same. It shall be lawful for any manufacturer, vendor or dealer to sell oils so tested if they are found to comply with the requirements of this act and are properly branded "Approved," but if such oils so tested shall not meet said requirements, the words "Rejected for illuminating purposes" shall be marked in plain letters on the package, barrel, or cask containing them, and it shall be unlawful for the owner or owners thereof to sell them for illuminating purposes for consumption in this state. If any person shall sell, or offer for sale, such rejected oils for such purposes, he shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be subject to a penalty, in the discretion of the court, in any sum not exceeding three hundred ($300) dollars.

3882 SEC. 3. [Deputies.] The state inspector provided for in this act, is

ART. II. "An act to provide for a state inspector of oils, and deputies, and to define their duties, and provide fees for same, and prescribe penalties for violation thereof, and to repeal acts and parts of acts in conflict herewith." Laws, 1887, chap. 53. Took effect July 1, 1887.

hereby authorized to appoint and station not to exceed five deputies, which deputies are hereby impowered 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. The state inspector and his deputies shall provide themselves at their own expense with the instruments, stencils, brands, and stamps necessary for the proper performance of their duties, and, when called upon for that purpose, they shall promptly, as may be possible, inspect all oils hereinbefore mentioned, and shall reject for illuminating purposes, such of them as will emit a combustible vapor at the temperature of one hundred (100) degrees Fahrenheit. The oil tester now used in the state of Ohio, and known as the Foster apparatus, shall be used by the state inspector and his deputies.

3883 SEC. 4. [Oath-Bond.] Every person appointed as state inspector or deputy inspector, before he enters upon the discharge of his duties of his office, shall take the oath or affimation prescribed by the constitution and laws of this state, and shall file the same in the office of the secretary of state. The state inspector shall execute a bond to the state of Nebraska in the sum of twenty thousand ($20,000) dollars, with such surety as shall be approved by the secretary of state, conditioned for the faithful performance herein imposed upon him, which bond shall be for the use of all persons aggrieved by the act or neglect of said inspector, and the same shall be filed with the secretary of state. Each deputy inspector, before he enters upon the duties of his office, shall execute a bond to the state inspector in the sum of five thousand ($5,000) dollars, with such sureties as may be approved by the state inspec

tor.

Such bond shall be filed with the state inspector, shall be conditioned for the faithful performance of the duties herein imposed, and shall be for the use of all persons aggrieved by the act or neglect of said deputy inspector.

3884 SEC. 5. [Fees.] The state inspector or deputy inspector is entitled to demand and receive from the owner of any oils tested ten (10) cents per barrel for all oil inspected. It shall be the duty of the state inspector and each deputy inspecor to keep an accurate record of all oils tested and branded by him, which record shall state the date of inspection, the number of packages, barrels, or casks rejected, the number approved, the manufacturer's brand, the name of the person for whom inspected, and the sum of money received for such inspection; and such record shall he open to all persons interested. At the beginning of every month each deputy inspector shall forward to the state inspector a true copy of such record and all moneys received by him for his inspections. In the month of January of each year the state inspector shall make and deliver to the governor of the state a report of the inspection by himself and deputies during the preceding calendar year.

3885 SEC. 6. [Salary.] The state inspector shall receive an annual salary of two thousand ($2,000) dollars. He shall also be allowed such further sum as he may actually and necessarily expend whether for traveling expenses incurred in the discharge of his duties, or for the proper prosecution of any case of offense arising under the provisions of this act. Each deputy inspector shall be entitled to a salary, payable monthly, of not to exceed one hundred ($100.00.) dollars per month, as herein provided. Each deputy inspector shall also be entitled to and allowed all actual and necessary expenses for railroad, stage, and steamboat fares incurred in the discharge of his duties as such deputy inspector, and for such other sums of money as by the authority of the state inspector he may expend in the prosecutions for offenses arising under the provisions of this act. All salaries and expenses provided for in this act shall be paid by the state inspector out of the money received for the inspection of oil; Provided, That in case the amount of money received for such inspections according to the provisions of this act shall not be sufficient to pay the salaries and

expenses of the state inspector and his deputies as provided herein, the amount of such deficiency shall be deducted from said salaries pro-rata to each; Provided, further, That in case the amount of moneys received for the inspection of oils according to the provisions of this act shall be in excess of the sum required to pay the salaries and expenses of the state inspector and his deputies as provided hereinbefore, the amount of such excess shall be paid into the state treasury for the benefit of the general fund. The state inspector shall render to the state auditor a detailed account of all the receipts and disbursements of his office and shall also incorporate a copy of such report in his annual report to the governor.

3886 SEC. 7. [Penalty.] Any person or persons, whether vender, manufacturer, or dealer who shall sell or attempt to sell to any person in this state any of the illuminating oils herein before mentioned before having the same inspected as provided in this act, shall be deemed guilty of a misdemeanor and shall be subject to a penalty in any sum not exceeding three hundred ($300) dollars; and if any manufacturer, vender, or dealer in any of said illuminating oils shall falsely brand the package, barrel, or cask containing the same for the purpose of deceiving the purchaser thereof in any manner as to the contents of the same, or shall use packages, barrels, or casks having an inspector's brand thereon without having the oil inspected, he or she shall be deemed guilty of a misdemeanor and shall be subject to a penalty in a sum not exceeding three hundred ($300) dollars nor less than one hundred ($100) dollars, or be imprisoned in the county jail not exceeding six months, or both, at the discretion of the court.

3887 SEC. 8. [Same.] Any person selling or dealing in the illuminating oils herein before specified, who shall sell or dispose of any empty barrel, cask, or package that has once been used for such oils and been branded by a state or deputy inspector before thoroughly cancelling, removing, or effacing the inspection brand on the same shall be guilty of a misdemeanor and on conviction thereof shall pay a fine of ten ($10) dollars for each barrel, cask, or package thus sold or disposed of.

3888 SEC. 9. [Same.] Any person who knowingly uses for illuminating purposes any illuminating oils as herein before specified before the same have been legally inspected and branded "Approved" as required in section one of this act, shall be fined in any sum not exceeding one hundred ($100) dollars nor less than twenty ($20) dollars.

3889 SEC. 10. [Adulteration-Penalty.] No person shall adulterate with paraffine or other substance for the purpose of sale or for use any of the illuminating oils specified in this act in such a manner as to render them dangerous to use, nor shall any person sell or offer to sell or knowingly use for illuminating purposes any such adulterated oils which by reason of being adulterated will emit a combustible vapor at a less temperature than one hundred (100) degrees Fahrenheit thermometer; Provided, That such vaporizing point shall be determined in the manner and with the instrument as herein before provided in section three of this act. 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 ($500) dollars, or by both such fine and imprisonment, in the discretion of the court.

3890 SEC. 11. [Gas and vapor.] Gas or vapor from the petroleum or any of the products of the petroleum may be used for illuminating purposes when the oils from which said gas or vapor is generated are contained in closed reservoirs outside of the building lighted by said gas or vapor. 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