SEC. 5. The term of office of each of the circuit judges pro- Term of office. vided for by this act shall commence on the first day of January 1885, and continue for four years and until their successors are elected and qualified in accordance with the laws of the state relating to the election and qualification and term of office of circuit judges, who shall hold their office for a like term of four years. Approved, April 7, 1884. CHAPTER 182. COUNTY TAX LEVY. AN ACT to Amend Chapter 28 of the Acts of the 15th General As- H. F. 273. sembly Amending Section 796 of the Code of 1873. Be it enacted by the General Assembly of the State of Iowa: vote. SECTION 1. That section 1 of chapter 28 of the acts of the Sec. 1. Chap. 28, 15th G. À. 15th general assembly as amended by the 18th general assembly amended;" be further amended by adding thereto the following: and pro submitting to vided further that the board of supervisors in any county to which these provisions do not apply, may at their discretion order a vote of the electors of said county at any general election, and the electors of such county may by a majority vote thereof authorize the said board of supervisors to levy such tax. Approved, April 7, 1884. CHAPTER 183. NON-NEGOTIABLE INSTRUMENTS AND ACCOUNTS. AN ACT Amending Sections 2086 and 2087 of the Code of 1873, Re- H. F. 36. lating to the Assignment of Non-negotiable Instruments and Ac counts. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. That section 2086 of the code of 1873 be and the Code, § 2086 same is hereby amended by striking out the words "suit is com- amended, menced thereon" in the last line of said section and inserting in lieu thereof the words notice of the assignment thereof is given in writing to the maker of such instrument. SEC. 2. That section 2087 of the code of 1873 be and the same is hereby amended by inserting after and as a part of said Code, § 2087 amended: accounts. section the words "before notice of such assignment is given in H. F. 55. Where no defense attorney fee shall not exceed that allowed in section 2. Fee allowed. CHAPTER 184. AN ACT in Relation to Attorney's Fees in Partition Cases of Real Be it enacted by the General Assembly of the State of Iowa: SECTION 1. That in all actions for partition of real estate where there is no defense made no greater attorney fee shall be allowed by the court to be taxed for and as attorney fees in such action for partition than provided in section two hereof. SEC. 2. For the first two hundred dollars or less in value of the property to be partitioned ten per cent, for the excess of two hundred dollars to five hundred dollars five per cent and for the excess over five hundred to one thousand dollars three per cent for all excess over one thousand one per cent. Approved, April 7, 1884. S. F. 305. Governor with consent of sen of oils. CHAPTER 185. TO REGULATE SALE OF COAL OIL. AN ACT to Provide for the Inspection and to regulate the Sale of Petroleum and its Products, and to Repeal Chapter 172 of the Acts of the Seventeenth General Assembly and Section 3901 of the Code. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. That the governor, by and with the advice and ate to appoint consent of the senate, shall appoint a suitable person, resident state inspector of the state, who is not interested in manufacturing, dealing in, or vending any illuminating oils manufactured from petroleum, as 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 qualified. It shall be the duty of such state inspector, by himself or his deputies, hereinafter provided for, to examine and 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 Term. Duty of inspector and deputies. of manufac sell rejected specified, he shall fix his brand or device, "Approvd, 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, May enter or his deputies, to enter into or upon the premises of any man- upon premises ufacturer, vender or dealer of said oils, and if they shall find or turer or dealer. discover any kerosene oil, or 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 illuminating pur- When reposes; flash test-degrees," (inserting the number of degrees). jected. And it shall be unlawful for the owner thereof to sell such oil or other product of petroleum for illuminating purposes. And if any person shall sell or offer for sale any of such rejected Unlawful to oil or other product of petroleum for such purpose, he shall be oil. deemed guilty of a misdemeanor, and, upon conviction thereof, shall be subject to a penalty not exceeding three hundred dollars. Penalty. SEC. 2. The state inspector provided for in this act, is author- May appoint ized to appoint a suitable number of deputies, which deputies 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 Duty of indeputies to provide themselves at their own expense with the spector. necessary instruments and apparatus for testing the quality of said illuminating oils, and when called upon for that purpose to promptly inspect all oils hereinbefore 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 oil tester adopted and recommended by the Iowa state board of health, shall be used by the inspector and his deputies in all health to tests made by them. And said board shall prepare rules and adopt tester. 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. Board of SEC. 3. The state inspector before he enters upon the discharge Inspector to of the duties of his office shall take the oath or affirmation pro- take oath and vided by law, and file the same in the office of the secretary of give bond. 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, deal Filed with secDeputies to give bond to be filed with retary of state clerk of dis trict court. Inspection to be made in the state. Fees. Proviso. inspected. ing 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. Every deputy inspector before entering upon the discharge of 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. SEC. 4. All inspections herein provided for shall be made within the state of Iowa, and the inspector or deputy inspector shall be entitled to demand and receive for his services from the owner or party calling on him, or for whom he shall perform the inspection, the sum of forty cents for a single barrel, package or cask; twenty-five cents each when the lot exceeds one but does not exceed ten in number; fifteen cents each when the lot exceeds ten but does not exceed twenty in number; ten cents each when the lot exceeds twenty but does not exceed one hundred in number and five cents each for all lots exceeding one hundred barrels; but nothing herein shall preclude the inspection of oil in tanks used for transportation on railroads or in storage, provided, the inspector or deputy so inspecting the same shall see and know that the identical oil inspected in such tank is placed in the package, barrel or cask upon which the brand or device herein provided for shall be placed and his fees therefor shall be four dollars for each tank. All fees accruing for inspection shall be a lien upon the oil so inspected. SEC. 5. It shall be the duty of the state inspector and every Record of oil deputy inspector to keep a true and accurate record of all oils so inspected and branded by him which record shall state the date 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 thirtieth day of June, 1885, and every two years thereafter a report of the inspections made by himself and deputies for such period, containing the information and Report to auditor of sta e. items required in this act to be made of record, and the same Report to G. A. shall be laid before the general assembly. SEC. 6. If any person or persons, whether manufacturer Penalty for vendee or dealer shall sell or attempt to sell to any person in inspected not this state any illuminating oil, the product of petroleum, whether 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 For falsely brand the package, cask or barrel containing the same, as pro- re-filling. vided in this 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. branding or SEC. 7. Any person selling or dealing in illuminating oils Empty barre's. produced from petroleum who shall sell or dispose of any empty kerosene barrel, cask, or package 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 one dollar for each barrel, cask or package thus sold or disposed of; and any person who shall knowingly Penalty for use any illuminating oil, the product of petroleum for illumina- using oil not ting 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. approved of. SEC. 8. No person shall adulterate with parafine or other Adulteration. 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 Proviso. 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 Penalty. 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 Proviso. |