Imagens das páginas


prosecute actions.


after discharge.

2. He shall, for the use of the execution creditors, at their instance and costs, prosecute any necessary action to recover the effects of a person discharged under this chapter.

$ 6. A fieri facias may be issued after the discharge of a Fi. fa, may is- prisoner, to have execution of the unsatisfied portion of the

creditor's judgment. No revival of the judgment shall be necessary

$7. An insolvent debtor shall not be held to surrender such of his effects as are exempted by law from execution.

$ 8. The provisions of this chapter shall apply to a person Applies to

imprisoned by order of a court of chancery to compel the imprisoned by or

payment of money under a judgment of such court,


exempt from execution.


der of court.


Sale of Choses in Action, &c., of Insolvent Debtors.

$ 1. In any action, instituted in the proper court, for the Myers' Sup., 273. settlement of the estate of an insolvent decedent, or foreChoses in action closure of a deed of trust for payment of debts, the court by judginent of

may order a sale of any choses in action and judgments, constituting assets of the estate, or part of the trust or assigned property: Provided, It shall satisfactorily appear that such choses in action or judgments cannot be collected within a reasonable time by the use of ordinary diligence, and that such sale is necessary for the payment of debts.

§ 2. The provisions of the foregoing section shall apply Shall apply to to cases of choses in action brought into court by virtue of in action for dis- a petition for discovery of assets instituted against an insol

vent debtor. Sales provided for in this article shall be on the same terms as are prescribed for sales of other personal property, and the court shall make all needful orders for the transfer of the title thereto to the purchaser.

covery of assets.



Art. 1. Inspection Warehouse—How established and conducted.

2. Penalties, &c.

2 R. S., 53. Inspection warehouse-how established.

ARTICLE I. Inspection WarehouseHow established and conducted. § 1. An inspection warehouse outside of a city may be established by the county court of the county wherein it



is located, upon the application of any person entitled as owner or lessee; but the same shall not be established, unless the warehouse be built of such material, and in such manner, as to prevent injury to articles stored therein.

§ 2. Scales, steelyards, or patent balance, with suitable Scales to be proweights sufficient to weigh at least one ton, shall be provided as appurtenant to the warehouse. $ 3. If the warehouse be within city, the same may be How inspectors

appointed. established as an inspection warehouse, and inspectors appointed by the city council, otherwise by the county court. They shall be three in number, and remain in office until removed by the court for misconduct, negligence, or incompetency. They shall take an oath faithfully to discharge to take an oath

and give bond. their duty, and enter into covenant with the Commonwealth, with good surety, to be approved by the court, conditioned for the faithful discharge of all duty as inspectors, upon which suit may be brought by any person aggrieved.

§ 4. When required by the owner or lessee of the ware- Duty of inspecthouse, the inspectors, or some two of them, shall attend at the warehouse, and upon request of the owner of the commodity, and not otherwise, shall inspect any tobacco, flour, Inspectors of coal salted beef or pork, lard, spirituous liquors, imported salt, or hydro-carbon oils, or oils made from coal, petroleum, or Acts 1862, 74. well oil, for illuminating purposes, or such of them as by their appointment they are authorized to inspect; and to this end it shall be lawful for the court to appoint inspect- How appointed. ors for the different articles above named, and to designate in the order of appointment those articles of which the person is to be inspector.

$ 5. Except the article of oil for illuminating purposes, Myers' Sup.,274. no penalty shall be incurred for the sale or exportation luminating oil. thereof without inspection.

$ 6. Upon all articles inspected, except tobacco and salt, Quality & grade there shall be noted by the inspectors the quality and grade, or that it is condemned. $ 7. All oils, or other product of coal, petroleum, or well Oils to be in

spected oil, made or intended for illuminating purposes, manufac- sold. tured in this Commonwealth, or brought into it for sale, shall, before the same is sold, be duly inspected.

$ 8. The quality of said oils shall be tested by the appli- How tested. cation of heat; and that all of said oils that will, at a less temperature than 150 degrees, Fahrenheit's thermometer,

oils, etc.

to be noted.



give out or produce an explosive vapor, shall be deemed unsafe, and the cask or other thing containing the same shall be so marked by the inspector; otherwise it shall be marked “safe.

$ 9. Whoever shall sell, or offer to sell, oil in any quantity, Penalty for sell the product of coal, petroleum, or well oil, for illuminating sell without in- purposes, without first having the same duly inspected, or

shall, after the said oils have been found to be unsafe by the inspector, sell or offer to sell the same for illuminating purposes, shall be fined twenty dollars for each cask or quantity so sold or offered to be sold.

§ 10. The fees of inspectors shall be as follows: For every Inspectors' fees. hogshead of tobacco, thirty-seven and one half cents; for

each barrel of flour, three cents; half barrel, two cents; for each barrel of salt, three cents; for a sack of salt, two cents; for inspecting and packing each barrel of beef or pork, twenty cents; for each half barrel, twelve cents; and for each keg or firkin of lard, two cents; for a single barrel or cask of liquor, twelve and a half cents; for more than one and less than five, seven cents each; and for five or more, five cents each; for inspecting a single cask or package of oil, the inspector shall be allowed fifteen cents; for more than one and less than five, ten cents; and for five or more, five cents each.


Penalties, &c. § 1. If any inspector shall deal in or purchase, otherwise Inspector not to than for his own use, any article of which he is appointed deal in inspected articles.

inspector, or be directly or indirectly interested in the purchase of any such article when condemned, he shall be fined five dollars for every barrel, cask, keg, firkin, or package so bought or dealt in by him.

§ 2. An inspector shall be liable to the party aggrieved Penalty for inca. for the incapacity, neglect, fraud, or misconduct of himself neglect, etc.

or deputy as inspector; and furthermore, for every willful Penalty.

neglect or breach of duty, and every act of partiality or fraud as inspector, he or his deputy shall be fined fifty dollars, removed from office, and disqualified from again holding such office.

$ 3. If any person shall willfully use or imitate the brand

or mark of another on the barrel or cask of any such article, false brand, etc.

or shall pack or put such article in a barrel, cask, box,





keg, or firkin previously branded with the name or mark of another, or shall alter, erase, or obliterate the brand or mark made by an inspector on an inspected hogshead, barrel, cask, keg, or firkin, or shall shift or change the contents of the same after inspection, or shall mark or brand with the mark or brand of an inspector, or with any imitation thereof, any article subject to inspection which has not been inspected, and shall sell or offer to sell the same, he shall, for every such offense of false marking, using, packing, changing, or shifting, be fined twenty dollars; and for every such fraudulent erasure, alteration, or counterfeiting of the brand or mark of an inspector, shall incur the penalties prescribed against forgery.

$ 4. Whoever shall sell or offer to sell any barrel or other Selling under package of such article, knowing the article not to be of the weight or quantity, after allowing for ordinary waste or loss of weight, that is required by law, or that is marked or branded thereon, shall be fined ten dollars for every barrel or package so sold or offered for sale.

§ 5. Every tobacco or other inspector who shall exact, Illegal fees. demand, or receive any more than the legal fee or other compensation for inspecting, shall, for every hogshead, barrel, or package upon which he exacts, demands, or receives such higher fee or other compensation, be fined five dollars, removed from office, and disqualified from being again an inspector.

$ 6. Whoever shall, knowingly, sell, or attempt to sell, Falsely packed any hogshead, barrel, or other package of tobacco, liquor, salt, beef, pork, or lard, which is falsely packed or filled, or the staves or heading of which are falsely made, with a view to cheat a purchaser as to weight or quantity, or shall so pack, fill, or prepare a hogshead, barrel, or other package, with such intent, shall be fined ten dollars for every such Penalty, hogshead, barrel, or other package.

$ 7. It shall be the duty of every inspector to have an Duty of inspectoffender prosecuted for any of the penalties incurred under this chapter; and his willful neglect so to prosecute shall be deemed a breach of official duty.

8 8. If a person knowingly sells or buys, or prepares for Adulterating liqsale, any wine or liquor containing any adulteration, by mixing therewith coculus indicus, tobacco, soap, vitriol, logwood, or any other injurious drug or chemical preparation,

casks, etc.

or to prosecute.



he shall be fined not more than five hundred dollars for each offense, or not less than twenty, for every gallon of wine or liquor so adulterated.

1. When an inspector finds any wine or liquor so adulDuty of inspector terated, he shall mark the cask, "condemned for impurity;" as to adulterated liquors. when he suspects it to be so adulterated, he shall cause it to

be analyzed by a skillful chemist, at the cost of the owner, and ascertain whether it contains anything impure, or other than the extract of the grain or fruit from which it was or ought to have been made.

2. In all prosecutions against wholesale dealers under Rectifying liquor this section, the fact of rectifying the wine or liquor shall Gence of adulter: be deemed prima facie evidence of knowledge of any adul

teration on the part of the dealer.

$ 9. No provision of this chapter shall be construed to Not applicable to contravene or repeal any law on the subject of inspections any city.

applicable to any city in this Commonwealth. An Act to regulate the sale and storage, of illuminating oils made from coal, petroleum, or other bitumi.

nous substances, and for the better protection of life and property. & 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That no person shall mix for sale naphtha and illuminating oils, or shall knowingly sell or keep for sale, or offer for sale, such mixture (except for purpose of remanufacture), or shall sell or offer for sale oil or any of the products of coal, petroleum, or other bituminous substances for illuminating purposes that will ignite or permanently burn at a less temperature or fire test than 110° Fahrenheit; and any person so offending shall be held to be guilty of a misdemeanor, and, on conviction thereof, by indictment or presentment in any circuit court of the State of Kentucky, shall be punished by a fine not exceeding five hundred dollars.

§ 2. Any person keeping on hand or offering for sale naphtha under an assumed name, or shall sell or keep for sale or consumption naphtha, or any preparation of naphtha, for illuminating purposes, shall be liable to the same penalties as provided in section one.

2 3. All oils manufactured from coal, petroleum, or other bituminous substances, by whatever name they may be called, whether manufactured in the State of Kentucky or elsewhere, that are offered for sale within the limits of said State, for illuminating purposes, shall be inspected by an authorized inspector of this State.

& 4. Said inspector, in making his tests, shall use the standard instruments in use for said purpose prescribed by the United States Government; and all oils manufactured from coal, petroleum, or other bituminous substances, by whatever name they may be called, that ignite or permanently burn at a less temperature or fire-test than 110° Fahrenheit, are to be presumed to be mixed with nap htha, and the package containing the same shall be branded “unsafe for illuminating purposes," and the sale thereof forbidden under the penalties that are affixed in section one.

& 5. All oils, or the products of coal, petroleum, or other bituminous substances, by whatever name they may be called, igniting or permanently burning at a less temperature than 110° Fahrenheit, and offered for sale as an illuminating article, shall be forfeited and sold, one half of the proceeds to go to the State, and the other half to the informer.

8 6. The inspector of oils shall receive as compensation for all oils tested by him, when in quantities of ten barrels and upward, five cents per barrel or package, and for less quantities than ten barrels, ten cents per barrel or package, to be paid by the party requiring his services.

& 7. Any inspector of oils found guilty of fraud or neglect, or culpable negligence in the performance of his duties, shall be punished by a fine not exceeding $500, or imprisonment not exceeding six months in the county jail, or both, at the discretion of the court.

8. Upon complaint of any citizen, made to the judge of any county or circuit court, that he has probable cause to suspect that any of the articles enumerated in this act are offered for sale for illuminating purposes within the limits of said county, contrary to the provisions of this act, the judge of said court shall issue a warrant, directed to the sheriff or other proper officer, ordering him to enter any shop or other building specified in the warrant, to make diligent

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