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. 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 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.

SEC. 5. [Damages.]-That if any person shall sustain damage to his 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.

SEC. 6. [Contracts, when void.]-That any and all contracts made in violation of the provision 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.

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.]

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 device, 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

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 condict herewith." Laws 1887, chap. 53. Took effect July 1, 1887.

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.

SEC. 3. [Deputies.]-The state inspector provided for in this act, is hereby authorized to appoint and station not to exceed five deputies, which deputies are hereby 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. 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 herein before 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.

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 affirmation 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 inspector. 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.

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 inspector 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 be 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.

SEC. 6. [Šalary.]—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 herein before, 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.

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 hereinbefore 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 ($800) 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.

SEC. 8. [Same.]-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 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.

SEC. 9. [Same.]-Any person who knowingly uses for illuminating purposes any illuminating oils as hereinbefore 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.

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.

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 or by fine not exceeding three hundred ($300) dollars, or by both such fine and imprisonment at the discretion of the court; Provided, That nothing in this act shall be construed as to the use in street lamps of the lighter products of petroleum such as gasoline, benzine, benzole and naphtha.

SEC. 12. [Personal liability.]-Whoever shall knowingly sell or cause to be sold any of the illuminating oils as specified in this act which are below one hundred (100) degrees Fahrenheit, when tested as provided for in section three of this act, shall be liable to any person purchasing any of such oil, or any person injured thereby, for any damages to person or property arising from any explosion thereof. SEC. 13. [Traffic prohibited.]-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 a violation of this provision the offender shall be fined in any sum not exceeding five hundred ($500) dollar and be removed from his position.

SEC. 14. [Complaints by inspector.]-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 shall be removed from his position.

SEC. 15. [Duty of county attorney.1-It shall be the duty of all county attorneys to represent and prosecute on behalf of the people within their respective counties, all cases of offenses arising under the provision of this act.

SEC. 16. [Jurisdiction of 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.

SEC. 17. [Removal from office.]-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.

SEC. 18. [Acts repealed.]-All acts and parts of acts in conflict with this act are hereby repealed.

CHAPTER 65.-PARTNERSHIPS.

SECTION 1. [Limited-Formation.—That limited partnerships for the transaction of any mercantile, mechanical, or manufacturing business within this state, may be formed by two or more persons upon the terms, with the rights and powers, and subject to the conditions and liabilities herein prescribed; but the provisions of this chapter shall not be construed to authorize any such partnership for the purpose of banking or effecting insurance. [G. S. 504.]

SEC. 2. Partners-General--Special-- Liability.]-Such partnerships may consist of one or more persons who shall be called general partners, and who shall be jointly and severally responsible as general partners now are by law, and of one or more persons who shall contribute in actual cash payments, or in goods, wares, merchandise, machinery, and fixtures, a specific sum as capital to the common stock, who shall be called special partners, and who shall rot be liable for the debts of the co-partnerships beyond the fund so contributed by him or them to the capital stock.

SEC. 3. [Business transactions.]-The general partners only shall be authorized to transact business and sign for the co-partnership and to bind the same.

SEC. 4. [Certificate of formation. The persons desiring to engage in the formation of such partnerships, shall make and severally sign a certificate which shall contain: 1. The name of the firm under which such partnership is to be conducted. 2. The general nature of the business intended to be transacted. 3. The names of all the general and special partners interested therein, distinguishing which are general and which are special partners, and their respective places of residence. 4. The amount of capital in money or in goods, wares,

NOTE. "An act to authorize limited partnerships in the state of Nebraska." Chap. 52. G. S. 504. Took effect March 1, 1873.

merchandise, machinery and fixtures, which each special partner shall have contributed to the common stock. 5. The period at which the partnership is to commence, and the period at which it shall terminate.

SEC. 5. Same-Acknowledgment.]-The certificate shall be acknowledged by the several persons signing the same before a notary public, or other officer authorized by law to take the acknowledgment or proof of the execution of conveyances of land, and such acknowledgment or proof shall be made and certified in the same manner as the acknowledgment or proof of conveyances of land may be made or certified.

SEC. 6. [Same--Filing.]-The certificate so acknowledged and certified shall be filed in the office of the county clerk of the county in which the principal place of business of the partnership shall be situated, and shall be recorded by such clerk in a book to be kept for that purpose, and in case any such partnership shall have a place of business in more than one county in the state, then a copy of such certificate, so acknowledged and certified by the clerk of the county where the original was filed, shall in like manner be filed and recorded in each other county in which such partnership shall have a place of business, in the office of the clerk of said county.

SEC. 7. [Same-Capital-Affidavit.]—At the time of filing the original certificate with the evidence of the acknowledgment thereof, as before directed an affidavit of one or more of the general partners shall also be filed in the same office, stating that the sums specified in the certificate, or value thereof in goods, wares, merchandise, machinery, and fixtures, have been contributed by each of the special partners to the common stock, and actually and in good faith paid into the general fund.

SEC. 8. [When formed.]-No such partnership shall be deemed to have been formed until a certificate shall have been made, acknowledged, filed and recorded, nor until an affidavit shall have been filed, as before directed; and if any false statement be made in such certificate or affidavit, all the persons interested in such partnership shall be liable for all the engagements thereof as general partners.

SEC. 9. [Terms Publication.] The partners shall immediately publish the terms of the partnership, when registered as above provided, for at least six consecutive weeks, in two newspapers to be designated by the clerk of the county in which the registry shall be made, and if no newspapers are published in the county, then the same shall be published in the judicial district in which their business shall be conducted, and if such publication be not made, the partnership shall be deemed general.

SEC. 10. [Same-Filing.]-Affidavits of the publication of such notice by the printer, publisher, or foreman of the newspapers in which the same shall be published, may be filed with the clerk directing the same, and shall be evidence of the facts therein contained.

SEC. 11. [Renewals.-Every renewal or continuance of such partnership beyond the time originally fixed for its duration, shall be certified, acknowledged, and recorded, and an affidavit of a general partner be made and filed, and notice be given in the manner herein required for its original formation, and every such partnership which shall be otherwise renewed or continued shall be deemed a general partnership.

SEC. 12. [Alteration in terms-Dissolution.]-Every alteration which shall be made in the names of the partners, in the nature of the business, or in the capital or shares thereof, or in any other matter specified in the original certificate, shall be deemed a dissolution of the partnership, and every such partnership which shall in any manner be carried on after any such alteration shall have been made, shall be deemed a general partnership unless renewed as a special partnership according to the provisions of this act.

SEC. 13. [Firm name.-The business of the partnership shall be conducted under a firm in which the names of the general partners only shall be inserted, and if the name of any special partner shall be used in such firm he shall be deemed and neid liable as a general partner.