CHAP. 96 continue in such business after the date set by said board for -penalty for failure to renew registra tion. -fees, how disposed of. No regis ecary shall said renewal unless he shall have complied with the requirements of this section. Any registered apothecary or qualified assistant, who shall fail to obtain a renewal of registration as herein provided within three years after the date set by said board for said renewal, shall forfeit the right thereto. The fees paid to said board by virtue of this section may be used by said board for the detection and prosecution of violations of this act. Section 10. No registered apothecary shall suffer or permit tered apoth- the use of his name or certificate of registration in the conduct of business of pharmacy when he himself is not actively engaged in such business in the store where his certificate is displayed. permit an other to do business in his name. Unlawful to keep for sale, or to compound physicians' prescrip tions, unless tered apoth by regis ecary. Penalty for falsely claiming to ecary. Section II. It shall not be lawful for any store to be kept open for the sale of medicines or poisons, or for compounding physicians' prescriptions, nor shall drugs or medicines be exposed or displayed for sale in any store, except as otherwise provided herein, unless the same is placed and kept under the personal control and supervision of a registered apothecary or qualified assistant, but such store may be under the charge of a qualified assistant during the temporary absence of such registered apothecary. Section 12. If any person hereafter engage in or be found in charge or carrying on a business, or displays any drugs, medbe an apoth- icines, drug store fittings or furnishings, or any sign recognized as peculiar to a drug store to give the appearance of an apothecary store, or claim to be or represent himself to be an apothecary, contrary to the provisions of this act, he shall upon indictment and conviction be subject to a penalty of fifty dollars per month for the first offense, and one hundred dollars per month for each and every subsequent offense, whether for continuance in said business or for engaging anew therein in violation of the provisions of this act. The county attorney in each county upon complaint made by any one of said commissioners shall prosecute all violations of the provisions of this act. Act shall apply to women. -shall not apply to physicians who dispense their own medicines. Any person may conduct the business, by employing registered apothe cary. Section 13. The provisions of this act shall apply in the cases of women who shall hereafter enter upon and carry on the business of apothecaries. This act shall not apply in the case of physicians who prepare and dispense their own medicines, nor to the sale of non-poisonous domestic remedies and patent or proprietary preparations usually sold by grocers and others. Section 14. Any person may enter upon the business of an apothecary without the certificate required by the foregoing act; provided, he does not personally do the duties of an apothecary, but employs a duly registered apothecary who has sole charge of compounding, putting up and dispensing medicines and drugs CHAP. 96 under the provisions of this act. Section 15. If any person engaged in the business of an apothecary knowingly uses any drugs or ingredients in preparing or compounding a written prescription of any physician different from those named in the prescription, he shall upon conviction thereof be fined not less than five dollars nor more than one hundred dollars. Section 16. Whoever fraudulently adulterates, for the purpose of sale, any drug or medicine, or sells any fraudulently adulterated drug or medicine, knowing the same to be adulterated, shall be punished by imprisonment in a jail not exceeding one year, or by fine not exceeding four hundred dollars; and such adulterated drugs and medicine shall be forfeited, and destroyed under the direction of the court. Section 17. Whoever sells arsenic, arsenious acid, atropia or any of its salts, chloral hydrate, chloroform, cotton root and its fluid extract, Fowler's solution, corrosive sublimate, cyanide of potassium, Donovan's solution, ergot and its fluid extract, laudanum, McMunn's elixir, morphia or any of its salts, sugar of lead, oil of savin, oil of tansy, opium, Parson's vermin exterminator, phosphorus, prussic acid, rough on rats, strychnia or any of its salts, tartar emetic, tincture of aconite, tincture of belladonna, tincture of digitalis, tincture of nux vomica, tincture of veratrum viride, crystals of carbolic acid or a strong solution of carbolic acid, without the written prescription of a physician, shall keep a record of such sale, the name and quantity of the article sold, and the name and residence of the person or persons to whom it was delivered, which record shall be made before the article is delivered, and shall at all times be open to inspection by the police authorities and officers of cities and towns; but no sale of cocaine or its salts shall be made except to dentists or on the prescription of a physician. Whoever neglects to keep or refuses to show to said officers such record shall be punished by fine not exceeding fifty dollars. Whoever sells any of the poisonous articles named in this section without the written prescription of a physician, shall affix to the bottle, box or wrapper containing the article sold a label of red paper, upon which shall be printed in large letters the word 'poison,' and also the word 'antidote,' and the name and place of business of the vender. The name of an antidote, if there be any, for the poison sold, shall also be upon the label. Every neglect to affix such label to such poisonous article sold before the delivery thereof to the purchaser shall be punished by a fine not exceeding fifty dollars. Whoever purchases poisons as aforesaid and gives a false or Penalty for not named cians pre using drugs in physi scription. Penalty for drugs and same. adulterating selling the poisonous Sale of drugs proout prefrom a hibited, with scription physician. -shall keep record sales. of such -penalty for not record. label on keeping poisonous articles, scription, without pre must show the word and the "poison" antidote. -penalty for neglect to affix label. CHAP. 97 fictitious name to the vender shall be punished by fine not -act does not apply to wholesale dealers, chemists, or firm selling in unbroken packages, nor to sale of Paris green, London purple, etc. -word poison, shall appear on every package. -penalty. Inconsistent acts, repealed. exceeding fifty dollars. But nothing in this section shall be construed to apply to wholesale dealers or to manufacturing chemists in their sales to retail trade, nor to the general merchant, nor to a firm or corporation in trade, who may sell in unbroken packages prepared by the manufacturers, Paris green, London purple or other poisonous preparations or compounds used for the destruction of bugs, beetles, insects, slugs, grubs, caterpillars or worms. Upon each and every package so sold shall be printed in large letters the word 'poison.' Every neglect to affix such label with the word poison thereon to such poisonous article before the delivery thereof to the purchaser shall be punished by fine not exceeding fifty dollars. Section 18. All acts and parts of acts, inconsistent herewith, are hereby repealed. Approved March 16, 1899. Revenue stamps affixed to deeds by an officer, may be taxed as costs. Stamps affixed to deed of real estate Chapter 97. An Act relating to sums paid by officers and collectors for Internal Revenue Be it enacted by the Senate and House of Representatives in Section I. All sums paid by any officer for internal revenue stamps to be affixed to any deed of real estate, or interest therein, sold by him on execution, may be taxed by such officer in his return on the execution, same as other fees and costs are taxed. Section 2. All sums paid by any collector of taxes, or treasurer, for internal revenue stamps to be affixed to any deed of real estate, or interest therein, sold for non-payment of a tax, shall be deemed a part of the costs and charges for making such sale. Approved March 16, 1899. Sex, no bar to practice as an attorney at law. Chapter 98. An Act authorizing Women to be admitted as attorneys to practice law in the Be it enacted by the Senate and House of Representatives in Section 1. No person shall be denied admission or license to practice as an attorney at law on account of sex. Section 2. This act shall take effect when approved. Approved March 16, 1899. Chapter 99. An Act to authorize a Topographic Survey of the State in co-operation with the Be it enacted by the Senate and House of Representatives in CHAP. 99 Appointcommission ment of a to make to survey and the state. shall serve pay. without may arUnited logical surof work, execution range with States geo vey, scale method of and form. -shall Section 1. That the governor be and is hereby authorized to appoint a commission, to consist of three citizens of this state, qualified by education and experience for such service, to confer with the director or the representative of the United States Geo- map of logical Survey and to accept its cooperation with this state in the preparation and completion of a contour topographic survey and map of this state, which is hereby authorized to be made. Said commission shall serve without pay, but all its necessary expenses shall be approved by the governor and paid out of the state treasury. Said commission shall have power to arrange with the director or representative of the United States Geological Survey concerning this survey and map, its scale, method of execution, form and all details of the work, in behalf of this state, and may accept or reject the work executed by the United States Geological Survey. And it is hereby provided that said map shall accurately show the outlines of all townships, counties and extensive wooded areas, in this state, as existing on the ground at the time of the execution of these surveys; the location of all roads, railroads, streams, canals, lakes and rivers, and the location and height of all dams; and shall show by contour lines the elevation and depression of the surface of the country. Section 2. Said commission may expend for the prosecution Amount of this survey a sum equal to that to be expended upon the same work by the United States Geological Survey, not to exceed at the rate of twenty-five hundred dollars annually, for the years eighteen hundred ninety-nine and nineteen hundred and the governor is hereby authorized to draw his orders on the state treasury for such portions thereof as may be required from time to time, from moneys not otherwise appropriated, upon receipt of vouchers signed by not less than two members of the commission. Section 3. For the purpose of making the surveys hereinbefore provided for, it shall be lawful for the persons employed in making the same to enter upon all lands within the boundaries of this state, but this act shall not be construed as authorizing any unnecessary interference with private rights. Approved March 16, 1899. show outtowns, counwooded lines of ties and areas. -location of railroads, lakes and streams, rivers, etc. that may be expended. Authorized to enter lands in upon any the state. CHAP. 100 All street railroads shall have all the powers conferred by the general laws of the state. Chapter 100. An Act in relation to Street Railroad Corporations. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: All street railroad corporations shall, in addition to their chartered rights, have all the rights and powers conferred from time to time by general laws upon street railroad corporations, subject to the conditions, restrictions and limitations thereby imposed. Approved March 16, 1899. Section 11, chapter 78, R. S., amended. Provide and keep in houses, jails and fireproof rooms for records Chapter 101. An Act to amend Section eleven, Chapter seventy-eight, of the Revised Statutes, relating to the Duties of County Commissioners. Be it enacted by the Senate and House of Representatives in Legislature assembled, as follows: Section eleven, chapter seventy-eight, of the revised statutes, is hereby amended by inserting after the words "court houses," in the second line of said section, the following words: 'with a suitable room in each for the county law library,' so that said section shall read as follows: 'Section II. They shall, in the shire town of their county, repair court provide and keep in repair, court houses, with a suitable room in each for the county law library; jails, with apartments for debtors separate from criminals; and fire-proof buildings of brick or stone for the safe keeping of records and papers belonging to the offices of register of deeds and of probate, and of the clerk of the courts, with separate fire-proof rooms, and suitable alcoves, cases or boxes for each office, and also any other necessary buildings.' and papers of county officers. Approved March 16, 1899. |