1236 INSPECTIONS. [ART. 48

section 1, may recover from the seller in an action of debt an amount
equal to double the purchase money of said oil.

1004, art. 48, sec. 5. 1888, art. 48, sec 5. 1874, ch. 504, sec. 6.

5. Any accident, by reason of explosion, occurring with any oil
or fluid manufactured from petroleum or its products, shall subject
the seller thereof to prosecution for a misdemeanor, and upon convic-
tion thereof in a court of competent jurisdiction, to a fine not exceed-
ing one thousand dollars nor less than five hundred dollars; one-half of
said fine to be paid to the informer, and the other half to the State.

Ibid. sec. 6. 1888, art. 48, sec. 6. 1874, ch. 504, sec. 7.

6. In case of seizure or confiscation of oils or fluids manufactured
from petroleum or its products, as provided in section 1, the vendor or
vendors of such oils or fluids shall have the privilege of referring the
same to some commissioned inspector, recognized by the oil trade of
Baltimore, whose decisions shall be prima facie evidence of the quality
of said oil or fluid.

Ibid. sec. 7. 1888, art. 48, sec. 7. 1874, ch. 504, sec. 8.

7. If any inspector of oils shall be convicted in a court of compe-
tent jurisdiction of furnishing a false report of the fire-test of any
oil submitted to his inspection, he shall be liable to a fine of not less
than five hundred dollars nor more than two thousand dollars, at the
discretion of the court; said fine to be paid into the treasury of the
State.

Ibid. sec. 8. 1888, art. 48, sec. 8. 1874, ch. 504, sec. 9.

8. The provisions of the seven preceding sections shall not apply
to oils or fluids manufactured from petroleum or its products, for the
purpose of exportation or for use in street lamps.

Tobacco.

Ibid. sec. 9. 1888, art. 48, sec. 9. 1872, ch. 36, sec. 1. 1878, ch. 386.
1890, ch. 262. 1898, ch. 314. 1908, ch. 9, sec. 9.

9. The governor, biennially, shall nominate and by and with the
consent of the senate, appoint one inspector of tobacco, who shall be a
tobacco grower and resident of one of the tobacco-growing counties of
this State. He shall receive a salary of two thousand dollars per
annum, shall have charge of all the State tobacco warehouses in the
city of Baltimore, and his term of office shall begin on the first Monday
of March next ensuing his appointment.

Object of the laws for inspection of tobacco. In the organization of the
federal government the State retained its rower to pass inspection laws.
In exercising its right of inspection, the State does not become a bailee and
is not responsible as a warehouseman. The inspector is responsible for his
conduct as any other official. Moore v. State, 47 Md. 483. As to the object
of inspection laws, see also, Turner v. State, 55 Md. 263 (affirmed in 107
U. S. 38). And see Patapsco Guano Go. v. Board of Agriculture, 52 Fed. 697.