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All salaries and

in accordance with the provisions of this act. expenses provided for in this act shall be paid by the state inspector out of the money received for the inspection of oils; 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 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 reports in his annual reports to the governor.

§ 7. UNLAWFUL TO SELL OILS BEFORE INSPECTED.] Any person or persons, whether vendor, manufacturer or dealer or dealer[s], 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 dollars ($300); and if any manufacturer, vendor 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, shall be deemed guilty of a misdemeanor and shall be subject to the penalty in a sum not exceeding three hundred dollars ($300) nor less than one hundred dollars ($100), or be imprisoned in the county jail not exceeding six months, or both, at the discretion of the court.

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

9. UNLAWFUL TO ADULTERATE.] No person shall adulterate with parafine or other substance for the purpose of sale or for use of 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 illum

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inating purposes, any such adulterated oils, which by reason of being adulterated will emit a combustible vapor at a less temperature than one hundred and five (105) degrees Fahrenheit thermometer; Providing, that such vaporizing point shall be determined in the manner and with the instrument as hereinbefore provided in Section 3 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 dollars ($500), or by both such fine and imprisonment in the discretion of the court.

§ 10. GAS MAY BE USED WHEN.] Gas or vapor from petroleum, or of any of the products of 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, or by fine not exceeding three hundred dollars ($300), or by both such fine and imprisonment at the discretion of the court; Provided, that nothing in this act shall be construed so as to prohibit the use of street lamps of the lighter products of petroleum, such as gasoline, benzine, benzole and naptha.

§ 11. UNLAWFUL TO SELL CERTAIN OILS.] Whoever shall knowingly sell or cause to be sold any of the illuminating oils as specified in this act, which are below one hundred and five (105) degrees Fahrenheit, when tested as provided in Section 3 of this act, shall be liable to any person purchasing any such oil, or any person injured thereby, for any damage or [to] property arising from any explosion thereof.

§ 12. INSPECTOR NOT TO DEAL IN OILS.] No state inspector or deputy inspector shall, while in office, traffic directly or indirectly in any of the oils which he has been appointed to inspect, and in case of violation of this provision, the offender shall be fined in any sum not exceeding five hundred dollars ($500) and be removed from his position.

§ 13. DUTY OF INSPECTOR OR DEPUTY.] It shall be the duty of the state inspector or any deputy inspector, who shall know of the violation of any of the provisions of this act, to enter complaint before any court of competent jurisdiction against any person so offending, and in case the state inspector or deputy inspector having knowledge of such violation shall neglect to enter complaint, he shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be removed from his position.

§ 14. DUTY OF STATE'S ATTORNEY.] It shall be the duty of all state's attorneys to represent and prosecute on be

half of the people within their respective counties, all cases of offenses arising under the provisions of this act.

15. QUESTIONS DECIDED BY INSPECTOR.] All questions of dispute arising between the deputy inspector and manufacturer and dealers shall be submitted to the state inspector for his decision, and his decision shall be final.

§ 16. DUTY OF GOVERNOR.] It shall be the duty of the governor to remove from office any state inspector who shall prove himself to be either unfaithful or incompetent in the discharge of his duties.

17. PROSECUTIONS TO BE MADE IN NAME OF STATE.] All prosecutions under this act shall be prosecuted in the name of the State of South Dakota.

Approved March 9, 1897.

INSURANCE.

CHAPTER 69.

[H. B. 63.]

RELATING TO COMMISSIONER OF INSURANCE.

AN ACT to Provide for the creating of the Office of Commissioner of Insurance and Defining the Duties Thereof.

Be it Enacted by the Legislature of the State of South Dakota:

§ 1. OFFICE CREATED DUTIES.] That there is hereby created the office of commissioner of insurance whose duties shall be:

First. To see that all laws of this state respecting insurance companies are faithfully executed.

Second. To file in his office the articles of incorporation of all insurance companies organized or doing business in this state, and on application to furnish certified copy thereof.

Third. To report in detail to the attorney general any vio lations of law relative to insurance companies, their officers

or agents.

Fourth. To furnish to insurance companies required to make reports to him the necessary blank forms for the statement required.

Fifth. To preserve in permanent form a full record of his proceedings and a concise statement of each company or agent visited or examined.

Sixth. To furnish at the request of any person and on payment of his fees certified copies of any record or paper in his office, and to give such other certificates as may be provided by law.

Seventh. To furnish a written report to the governor on or before the fifteenth day of November of each year, showing his official acts, the receipts and expenditures of his department during the preceding fiscal year, the condition of the companies doing business in the state, and such other information as will exhibit the affairs of his department; which report shall be printed, to the number of five hundred, at the expense of the state, and distributed among the members of the succeeding legislative assembly, and otherwise as provided by law. Such reports must contain only an abstract of the reports of insurance companies.

Eighth. To send a copy of his annual report to the insurance commissioner, or other similar officer, of every other state and to each insurance company doing business in the state.

Ninth. To communicate on request to the insurance commissioner of any other state any facts which by law it is his duty to ascertain respecting companies of this state doing business within such state and do and perform all other duties and exercise all the powers connected with or relating to insurance companies now performed or exercised by the state auditor.

Tenth. To have an official seal and to employ competent clerks, such clerks to discharge such duties as may be assigned them, and in case of sickness or temporary absence the chief clerk of such department shall have authority to conduct the duties of such department and to perform such duties as are required by law pertaining to the duties of such insurance commissioner.

§ 2. SHALL COLLECT FEES.] The commissioner of insurance shall charge and collect such fees as are prescribed in Chapter 14 of the Civil Code.

§3. SALARY.] The annual salary of the commissioner of insurance to include all services performed by him shall be twelve hundred dollars ($1,200) per annum and shall be paid in the same manner as is now provided for in the payment of salaries of other state officers.

$ 4. MUST NOT BE INTERESTED IN INSURANCE COMPANIES.] The commissioner of insurance shall not be a director, officer, agent, attorney, stockholder or directly interested in any insurance company.

§ 5. GOVERNOR TO APPOINT.] The governor shall appoint by and with the consent of the senate a commissioner of insurance, who shall hold his office for a term of two years, unless sooner removed by him.

§ 6. DUTY OF STATE AUDITOR.] That upon the appointment and confirmation of an insurance commissioner under the supervision of this act, the state auditor shall turn over all the records and files of his office relative to insurance matters to the insurance commissioner, and thereafter the powers of the state auditor in such matters shall cease.

§ 7. OATH AND BOND.] Such insurance commissioner shall take and subscribe the same oath as required of other state officers, and shall execute to the state a bond in the penal sum of five thousand (5,000) dollars, with official sureties to be approved by the governor, secretary of state and attorney gen eral, and conditioned for the faithful performance of his duties, which oath and bond shall be filed with the official bonds of other state officials.

§ 8. REPEAL.] All acts and parts of acts in conflict with the provisions of this act are hereby repealed. Approved March 5, 1897.

CHAPTER 70.
[S. B. 47.]

AMENDING LAWS RELATING TO MUTUAL INSURANCE COM

PANIES.

AN ACT to Amend Chapter Ninety-nine of the Session Laws of Eighteen Hundred and Ninety-five, Entitled an Act to Provide for the Organization of Companies or Associations for the Purpose of Mutual Insurance Against Loss or Damage from Fire upon Mercantile Stock, Real and Personal Property.

Be it Enacted by the Legislature of the State of South Dakota:

§ 1. AMENDMENT.] That Chapter ninety-nine of the Session Laws of eighteen hundred and ninety-five, be and the same is hereby amended so as to read as follows:

§ 1. HOW ORGANIZED.] It shall be lawful for any number of persons, not less than twenty-five, residing in the state, who collectively shall own unincumbered personal property not less than fifty thousand dollars ($50,000) in value, and also real estate to the amount and value of fifty thousand dollars ($50,000) over and above all incumbrances to form themselves into a company or association for mutual insurance against loss

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