15 May 1874 § 4. P. L. 189. dollars, for the faithful performance of the duties of said inspector's office, as provided in this act. The said inspector is hereby empowered to receive and collect from the manufacturer or owner the sum of twenty cents per package for Fees. each package inspected, in any lot under ten; ten cents per package for each package inspected, in any lot not more than fifty; seven cents per package for each package inspected, in any lot or all lots over fifty; and one dollar for each car of bulk refined oil; and in case any person shall call upon said inspector to inspect one package of refined oil, he shall charge said person for such inspection fifty (50) cents. The said inspector shall provide, at his own cost, stencils for the purpose of branding packages, to read thus: "State of Pennsylvania, fire-test one hundred Stencils to be proand ten degrees," with name of inspector: Provided, When oil so inspected shall stand higher test, the inspector shall designate such actual test by his brand. vided. 5. The said inspector, or his clerks or deputies, shall and are hereby empowered Powers and duties. to enter any place or building where oils or fluids, as before designated in this act, are manufactured, kept in store for sale or consumption, in this commonwealth, and in such counties wherein oil is sold and not manufactured, for which no inspector has been appointed, or in any other place within the limits of this state wherein he has reason for believing that oil is being kept or sold contrary to the provisions of this act, or for the purpose of carrying out the true intent and meaning of this act; any inspector shall have the privilege to re-inspect, and is hereby empowered to inspect any oil, as hereinbefore designated in section first, which he may, by any reason, believe to be under fire-test, and if so found by him to be under fire-test and falsely branded, he shall prosecute or cause to be prosecuted the offender, as herein authorized in section four of this act; no charge shall be made for re-inspection. Ibid. § 5. Penalty for viola 6. Any person violating any of the provisions of this act shall, upon conviction thereof, be deemed guilty of a misdemeanor, and shall be subject to a fine of not less than two hundred and fifty ($250) dollars, nor more than five hundred ($500) tions. dollars, or imprisonment not less than one year, or both, at the discretion of the court; one-half of said fine to go to the prosecutor and one-half to the school fund How appropriated. in the district where such misdemeanor may have been committed. Also, if any person shall sustain damage to his property or injury to his person, by reason of Liability for dama violation of any of the provisions of this act by another person, the person guilty of said violation shall be liable to the person injured for all damages sustained thereby. ages. Ibid. § 6. 7. All the oils or fluids subject to inspection under this act, that may be found in the hands of those who sell in less quantities than one barrel, with a fraudulent When oils to be brand or mark of inspection, or found to have been adulterated or not coming up subject to seizure to the fire-test, as the mark of inspection would indicate, shall be subject to and sale. seizure by the said inspector, and the same shall, after ten days' public notice, be sold solely for redistillation; the proceeds of such sale, after deducting the neces- Application of prosary expenses of sale and seizure, shall one-half be given to the public school fund ceeds. wherever the seizure was made, and one-half to the informer. Ibid. § 7. 8. Any inspector or deputy appointed under this act, who shall violate any of its provisions, by neglecting to inspect upon request, or shall falsely brand any oil Penalty for breach or fluid, shall be deemed guilty of a misdemeanor, and upon conviction thereof, of official duty. shall be fined not less than two hundred and fifty dollars nor more than one thousand dollars, and be subject to imprisonment for not less than three months or more than one year, or both, subject to the discretion of the court; one-half the fine to go to the informer and one-half to the school fund of the district wherein the offence was committed. Ibid. § 8. 9. That packages containing oil manufactured for export shall be branded with a stencil by the manufacturer with the words "for export; all benzine, naphtha How packages for or any hydro-carbons, created in the manufacture of refined oil from crude petro- exportation to be leum, or otherwise manufactured, shall be inspected and branded "benzine," and branded. shall not be kept for sale or used in any way for giving light to be burned in lamps; and this act shall not be construed to prohibit their use in making gas to be conveyed through pipes to burners similar to gas in city gas-works, to be used for the same purpose; and further, the penalties for violating this section shall be the same as applied to the use of refined oil below legal test. in 10. Nothing contained in this act shall be construed or held to apply, in any manner, to any kind of oil or fluid manufactured for export from this state, or transit from one state to another through the limits of this commonwealth. 11. Any person or persons who shall sell or cause to be sold any barrel or package, or who shall refill the same without first removing the brand of the inspector, shall be liable to a fine of three hundred dollars for every barrel or package sold or delivered or refilled; said fines shall be recoverable as other fines of like character are recoverable by law; and one-half shall go to the informer, and one-half to the school fund of the district in which the offence was committed. Ibid. § 9. Not to apply to oils manufactured for exportation. Penalty for selling or refilling barrels, without removing brands. 22 May 1878 § 1. P. L. 104. Transportation and storage of petroleum regufated. Ibid. § 2. No receipts to be issued for oil not delivered. Duplicate receipts. Receipts not to be reissued. To be surrendered on delivery. Notice to be given before issue of duplicate. Receipts to be cancelled on sur render. No oil to be sold without order. Ibid. § 3. Monthly statements to be posted. Form of monthly statements. II. Storage and transportation. 12. Every corporation, company, association, person or persons who are now engaged, or shall hereafter engage, or continue in the business of transporting or storing crude or refined petroleum, by means of pipe-line or pipe-lines, or storage by tanks, shall conduct such business in conformity with and subject to the provisions of this act. 13. No receipt, certificate, accepted order or other voucher shall be issued or put in circulation, nor shall any order be accepted or liability incurred for the delivery of any petroleum, crude or refined, unless the amount of such petroleum represented in or by such receipt, certificate, accepted order, or other voucher or liability, shall have been actually received by and shall then be in the tanks and lines, custody and control of the corporation, company, association, person or persons issuing or putting in circulation such receipt, certificate, accepted order or voucher, or incurring such liability. 14. No duplicate receipt, certificate, accepted order or other voucher shall be issued or put in circulation, or any liability incurred for any petroleum, crude or refined, while any former liability remains in force, or any former receipt, certificate, accepted order or other voucher shall be outstanding and uncancelled, except in case such original paper shall have been lost; in which case, a duplicate, plainly marked "duplicate upon the face, and dated and numbered as the lost original was dated and numbered, may be issued. 15. No receipt, voucher, accepted order, certificate, or written evidence of liability of such corporation, association, company, person or persons, on which petroleum, crude or refined, has been delivered, shall be reissued, used or put in circulation. 16. No petroleum, crude or refined, for which a receipt, voucher, accepted order, certificate or liability incurred, shall have been issued or put in circulation, shall be delivered, except upon the surrender of the receipt, voucher, order or liability representing such petroleum, except upon affidavit of loss of such instrument made by the former holder thereof. 17. No duplicate receipt, certificate, voucher, accepted order, or other evidence of liability shall be made, issued or put in circulation, until after notice of the loss of the original, and of the intention to apply for a duplicate thereof, shall have been given, by advertisement, over the signature of the owner thereof, in at least four successive issues of a daily or weekly newspaper published in the county where such duplicate is to be issued. 18. Every receipt, voucher, accepted order, certificate or evidence of liability, when surrendered, or the petroleum represented thereby delivered, shall be immediately cancelled, by stamping or puncturing the same across the face, in large and legible letters, with the word "cancelled," and giving the date of such cancellation; and it shall then be filed and preserved in the principal office of such corporation, association, company, person or persons. 19. No corporation, association, company, or the officers or agents thereof, or any person or persons engaged in the transportation or storage of petroleum, crude or refined, shall sell or incumber, ship, transfer, or in any manner remove, or procure or permit to be sold, incumbered, shipped, transferred, or in any manner removed from the tanks or pipes of said corporation, association, company, person or persons engaged in the business aforesaid, any petroleum, crude or refined, without the written order of the owner or owners thereof. 20. Any corporation, association, company, and the officers, agents, managers and superintendents thereof, and any person or persons that are now or may hereafter be engaged or continue in the business of transporting by pipe-lines, or storing crude or refined petroleum, shall, on or before the tenth day of each month, make or cause to be made, and posted in the principal business office where such corporation, company, association, person or persons is or are or may be engaged in business, in an accessible and convenient place, for the examination thereof by any person desiring such examination, and shall keep so posted continuously until the next succeeding statement is so posted, a statement plainly written or printed, signed by the officer, agent, person or persons having charge of the pipes and tanks of said corporation, company, association, person or persons, and also by the officer or officers, person or persons, having charge of the books and accounts thereof, which statement shall show, in legible and intelligible form, the following details of the business : I. How much petroleum, crude or refined, was in the actual and immediate custody of such corporation, company, association, person or persons, at the beginning and close of the previous month, and where the same was located or held, describing in detail the location and designation of each tank or place of deposit, and the name of its owner: II. How much petroleum, crude or refined, was received by such corporation, company, association, person or persons, during the previous month: III. How much petroleum, crude or refined, was delivered by such corporation, company, association, person or persons, during the previous month: P. L. 104. IV. For how much petroleum, crude or refined, such corporation, company, 22 May 1878 § 3. association, person or persons, were liable for the delivery or custody of, to other corporations, companies, associations or persons, at the close of such month: V. How much of such liability was represented by outstanding receipts or certificates, accepted orders or other vouchers, and how much was represented by credit balances. The statements so required to be made, shall also be sworn to by said officers, To be sworn to. agent, person or persons, before some officer authorized by law to administer oaths, which oath shall be in writing, and shall assert the familiarity and acquaintance of the deponent with the business and condition of such corporation, company, association, person or persons, and with the facts sworn to, and that the statements made in the said report are true: VI. That all the provisions of this act have been faithfully observed and obeyed, during the said previous months. Ibid. § 6. 21. All amounts in the statements required by this act, when the petroleum is handed in bulk, shall be given in barrels and hundredths of a barrel, reckoning How amounts to forty-two gallons to each barrel; and when such petroleum is handled in barrels or be stated. packages, the number of such barrels or packages shall be given; and such statements shall distinguish between crude and refined petroleum, and give the amount of each. on hand. 22. Every corporation, company, association, person or persons engaged in the Amount of balbusiness aforesaid, shall, at all times, have in their tanks and pipes an amount of ances to be kept merchantable oil equal to the aggregate of outstanding receipts, accepted orders, certificates, vouchers, acknowledgments, evidences of liability, and credit balances upon the books thereof. Ibid. § 7. Punishment for 23. Any corporation, association, company, or officers or agents thereof, or person or persons who shall make or cause to be made, sign or cause to be signed, issue or cause to be issued, put in circulation or cause to be put in circulation, any violation. receipt, accepted order, certificate, voucher, or evidence of liability, or shall sell, transfer or alter the same, or cause such sale, transfer or alteration, contrary to the provisions of this act, or shall do or cause to be done any of the acts prohibited by the second section of this act, or omit to do any of the acts by said section directed, shall be guilty of a misdemeanor; and on conviction thereof, shall be sentenced to pay a fine of not exceeding one thousand dollars, and undergo imprisonment not less than ten days nor exceeding one year. Ibid. § 8. 24. Any corporation, association, company, or officer or agent thereof, or person or persons, who shall sell, incumber, transfer or remove, or cause or procure to be sold, transferred or removed, from the tanks or pipes of such corporation, com- the consent of the For selling without pany, association, person or persons, any petroleum, crude or refined, without the owner. written consent of the owner or owners thereof, shall be guilty of a misdemeanor; and upon conviction thereof, shall be sentenced to pay a fine of one thousand dollars, and undergo an imprisonment not less than ninety days and not exceeding two years. Ibid. § 9. For neglect to 25. Any corporation, association, company, person or persons, engaged in the business of transporting by pipe-lines, or storing petroleum, crude or refined, and each and every officer or agent of such association, corporation, company, person make monthly or persons, who shall neglect or refuse to make the report and statement required statements. by the fifth section of this act, within the time and in the manner directed by said section, shall forfeit and pay the sum of one thousand dollars, and in addition thereto, the sum of five hundred dollars for each day after the tenth day of the month that the report or statement required by said section five shall remain unposted as therein directed. 26. Accepted orders and certificates for petroleum, issued by any corporation 20 June 1888 § 1, or partnership association engaged in the business of transporting and storing P. L. 127. petroleum in this state, shall be negotiable, and may be transferred by indorseAccepted orders ment either in blank or to the order of another; and any person to whom the said and certificates to accepted orders and certificates shall be so transferred, shall be deemed and taken be negotiable. to be the owner of petroleum therein specified. accept this act, in 27. Every firm, association or corporation within this commonwealth, engaged in 5 July 1883 § 1. the business of storing and transporting crude or refined petroleum by means of P. L. 187. pipe-lines, shall, on or before the first day of July, next ensuing, and every firm, Pipe-line and storassociation or corporation that may hereafter engage in said business, shall, before age companies to engaging therein, file in the office of the secretary of the commonwealth a writing writing. authorizing any person or persons who may be appointed to inquire into the condition of such firm, corporation or association, under existing law or this act, or any law that may be hereafter enacted, to enter upon and have free access to the premises of such firm, association or corporation, whether the same may be in this And give free access for inspection or some other state, or partly in this and partly in some other state or states, for the of oil, examination purpose of inspecting and gauging the petroleum, crude or refined, that may be in of books, &c. the custody of said firm, association or corporation, and of examining the books, accounts and papers thereof, relative to oil in its custody, and liability therefor, including oil owned by said firm, association or corporation. And the said writing To permit tools, shall extend to and embrace full permission to use the tools, implements and appli- &c., to be used.' 5 July 1883 § 1. P. L. 187. Ibid. § 2. Examiner to pro duce certificate of appointment. Secretary to issue certificate. Governor to countersign. Time limited. free access to of- ances of such firm, association or corporation, for the purposes of making such inspection and gauge, and shall grant full and absolute authority for the purposes hereof, and shall remain good and valid so long as such firm, association or corporation continue to do business in this state. 28. The person or persons who may be appointed under any law of this commonwealth, to make such examination, gauge and inspection, shall produce to the secretary of the commonwealth a certificate, attested by satisfactory proof of his or their appointment as such examiner or examiners, whereupon the secretary of the commonwealth shall issue to such examiner or examiners, a certified copy of the writing aforesaid, accompanied by a certificate, countersigned by the governor, that the person or persons therein named have been duly appointed to make such examination, inspection and gauge as aforesaid, and to exercise, under the appointment of the commonwealth, the authority delegated under the writing aforesaid, for a period therein named, which shall not exceed thirty days; and it shall be the duty of any such firm, association or corporation, upon the production of such certificate and certified copy aforesaid to any of its officers or agents, to give, withExaminer to have out delay, to such examiner or examiners free access to its offices, and such books, papers, accounts, as show the amount of oil in its custody, and for which it is liable, including oil owned by said firm, association or corporation, and its tanks, stations and other property, and to furnish information regarding the same. But if such firm, association or corporation, its officers or agents, shall refuse or deny access to or entry upon the premises of such firm, association or corporation, or shall in anywise hinder, obstruct or prevent said examiner or examiners from making an examination, gauge and inspection of the books, papers, accounts aforesaid, and of the tanks and pipes of said firm, association or corporation, or shall wilfully withhold information regarding the same, or deny the use of its tools and appliances for the purpose of making such examination, inspection and gauge, such refusal, hindrance, denial or obstruction shall work a forfeiture of the charter of any such corporation chartered by this commonwealth, or of the right to do business in this commonwealth of any such firm or association or foreign corporation; and in such case the right of such foreign corporation to bring suits in the courts of this state shall cease. In all cases where the tanks, pipes, books, offices, accounts and petroleum to be examined and gauged are situated in this state, it shall only be necessary for the examiner or examiners to produce to such firm, association or corporation, or to any of its officers or agents, a certificate of the court, or other lawful authority, appointing him or them, showing him or them to be duly accredited and lawful examiner or examiners. Penalty for refusal of free access, &c. Examiner to produce certificate. Ibid. § 3. Examiners, how appointed. Their compensation. Ibid. § 4. Powers of examiners. To be sworn. Oath to be filed. Ibid. § 5. Duties of examiners. Report to be sworn to and filled. 29. The owners of oil which is in the custody of any such firm, association or corporation, not less, in the aggregate, than two per centum of the amount of oil in the custody of such firm, association or corporation, as shown by its last preceding monthly statement, may, at any time, but not oftener than once in three months, present their petition to the court of common pleas of the county wherein such firm, association or corporation may have its principal office, and of any foreign corporation, to the court of common pleas in any county in which said corporation may be doing business, or to any law judge of said court in vacation, setting forth, under oath, their ownership as aforesaid, and desire for the appointment of examiners for the purposes of this act; whereupon the court, or any judge thereof in vacation, shall forthwith appoint such number of impartial, disinterested and competent persons as may be necessary, not exceeding twenty-five, as exam'iners, one of whom shall be designated as chief, and the others shall be subordinates, and shall fix the amount of their compensation, which shall not exceed five dollars per day. 30. The court or judge, by order, shall direct and empower such examiners, under the supervision of their chief, to immediately inspect and measure all the petroleum, crude or refined, in the custody of any such firm, corporation or association named in said petition, on the day or days of inspection, and to examine the books of such firm, association or corporation, relating to the issue and cancellation of receipts, certificates, accepted orders, vouchers or evidences of liability, and to its own accounts with persons, companies or corporations with whom it deals in the receipt or delivery of crude or refined petroleum. Such examiners, when appointed, shall immediately be sworn, before any authorized officer, to perform his duties with fidelity and according to law; which oath shall be reduced to writing, signed and filed with the prothonotary; and they shall, then under supervision of the chief examiner, make immediate examination, gauge and inspection, as required by said petition and order, and by this act. 31. Upon the completion of such inspection, examination and measurement, it shall be the duty of the examiner or examiners, or in the event of the death, resignation or declination, or inability to act of any of them, then the others or any of them, within thirty days after their appointment, to make to the court appointing them a written, signed and sworn report of such examination, inspection and measurement, and file the same of record with the prothonotary thereof, which report shall show: I. How much merchantable, and also how much unmerchantable, petroleum, PETROLEUM.-PHILADELPHIA. crude or refined, they found in the tanks and lines of such firm, association or corporation, and where the same was located or held, by description of tanks, also the percentage of merchantable oil mingled with the B. S. and sediment. II. For the custody or delivery of how much crude or refined petroleum they found such firm, association or corporation to be liable at the same date. III. How much of such liability was represented by outstanding receipts, accepted orders, certificates, vouchers or evidences of liability, and how much by credit balances. 5 July 1883 § 5. Ibid. § 6. 32. Any examiner appointed as aforesaid, who shall make any false examination, inspection, measurement or report, or shall make known, directly or indirectly, Penalty for false to any person, any information he may become possessed of in the course of his report. examination, inspection or measurement, except by means of his report, made and filed in accordance with this act, or who shall receive, directly or indirectly, any fee, reward or benefit, or the promise of any fee, reward or benefit, other than that provided by this act, for the performance or non-performance of any duty or thing contemplated by this act, or connected with his said employment, shall be guilty of a misdemeanor, and upon conviction thereof, shall be sentenced to pay a fine of one thousand dollars, and to imprisonment not less than three months, nor more than two years. Ibid. § 7. Refusal of access to 33. Any officer, agent, manager, superintendent or employé of any such firm, corporation or association as aforesaid, who shall neglect or refuse, after demand made, to give to any authorized examiner full and free access to any and all be a misdemeanor. offices, pipes, tanks, accounts, books and vouchers as aforesaid, or deny to him the use of any tools or appliances required by him in pursuance of his appointment and this act, shall be guilty of a misdemeanor, and upon conviction thereof shall be sentenced to pay a fine not exceeding one thousand dollars, and to imprisonment not exceeding one year. Ibid. § 8. 34. All fines recovered from any person under this act, and all penalties, shall be paid to the proper officer for the use of the county wherein such suit is brought Appropriation of or prosecution instituted. fines. Ibid. § 9. 35. The examiners shall also file with their report an itemized and sworn statement of the entire expense incurred in making such examination, inspection and Payment of exgauge, including their compensation, to be taxed as costs in other cases, and if penses. allowed and approved by the court, the same shall be paid by the firm, corporation or association named in the petition, within twenty days, and upon its failure to do so, judgment may be entered forthwith in favor of the persons performing the services, for the amount due them, and against the said firm, corporation or association, upon which execution may at once issue. Ibid. § 10. 36. Nothing contained in this act shall be construed to interfere with any law Not to interfere authorizing the appointment of an inspector of oils. with appointment of inspector. PHILADELPHIA. See BURIAL-GROUNDS; CRIMINAL PROCEDURE; ELECTIONS; EVIDENCE; FAIRMOUNT PARK; |