1870.] OF THE HOUSE OF DELEG-ATES. 863

from petroleum, or its products, and which does not sustain
the fire test provided for in section one of this Act, or who
shall sell the same to others, shall be punished by a fine of
twenty-five dollars for the first offence, and fifty dollars for
each subsequent offence, to be recovered on complaint before
any tribunal of competent jurisdiction, one-half to go to the
informer, and the remainder to the State.

SEC. 4. And be it enacted, That any purchaser of oils or
fluids made of petroleum, or its products, for illuminating
purposes, bearing stamp or certificate as provided in section
two of this Act, and which does not stand the fire test pro-
vided in section one, of this Act, may recover from the seller,
in an action for debt, an amount equal to the purchase money
of said oil.

SEC. 5. Be it enacted, That any accident by reason of ex- ,
plosion, occurring when the oil or fluid aforesaid used does
not reach the test provided for in this Act, shall subject the
manufacturer or other party proved to have adulterated said
oil, if residents of this State, or seller thereof, if manufac-
tured out of the State, to be prosecuted for a misdemeanor,
and upon conviction thereof in a Court of competent jurisdic-
tion to fine or imprisonment, or both, at the discretion of the
Court; and any one adulterating oils so as to reduce them
below the standard provided in this Act shall be subject to
the same penalties provided in sections 3, 4 and 5 thereof,
for manufacturers and sellers.

On motion of Mr. Standish,

The House proceeded to the consideration of the bill en-
titled an Act appropriating the sum of twenty-five thousand
dollars for the repair of that part of the National Road lying
in the State of Maryland, and running from Cumberland to
the Pennsylvania line.

Said bill being upon a third reading,
On motion of Mr. Woolford,

The further consideration thereof was postponed, and the
bill referred to the Committee on Ways and Means.

The Secretary of the Senate returned the following bill:

The bill entitled an Act to add additional sections to Ar-
ticle 11 of the Code of Public Local Laws of Frederick coun-
ty, relating to the powers and duties of the Mayor, Aldermen,
and Common Council of Frederick, to follow section 169,
added thereto by the Act of 1868, chapter 67,

Endorsed, "Passed by yeas and nays with proposed amend-
ments."