Page:1887 Compiled Laws of Dakota Territory.pdf/108

Public Boards. to be sold for medicinal purposes, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall pay a penalty not exceeding five hundred dollars, and shall forfeit to the territory of Dakota all articles so adulterated.

§ 230. A poison in the meaning of this act shall be any drug, chemical or preparation which, according to standard works on medicine or materia medica, is liable to be destructive to adult human life in quantities of sixty grains or less. No person shall sell at retail any poisons, except as herein provided, without affixing to the bottle, box, vessel or package containing the name of the article, the word "poison," and the name and place of business of the seller, nor shall he deliver poison to any person without satisfying himself that such poison is to be used for legitimate purposes; provided, that nothing herein contained shall apply to the dispensing of physicians' prescriptions specifying poisons. It shall also be the duty of such vendor of poisons before delivering the same to the purchaser to cause an entry to be made in a book kept for that purpose, stating the date of sale, the name and address of the purchaser, the name and quantity of the poison sold and the name of the dispenser, such book to be always open for inspection by the proper authorities, and to be preserved for reference for at least five years. Any person failing to comply with the requirements of this section shall be deemed guilty of a misdemeanor, and shall be liable to a fine of not less than five dollars for each and every such omission.

§ 231. All suits for the recovery of the several penalties and costs prescribed in this act shall be prosecuted in the name of the territory of Dakota, in any court having jurisdiction; and it shall be the duty of the district attorney of the county wherein such offense is committed to prosecute all persons violating the provisions of this act, upon proper complaint being made. All penalties collected under the provisions of this act shall inure to the board of pharmacy, for the expenses and costs of the proper execution of the law.

§ 232. All acts or parts of acts regulating the practice of pharmacy, or the adulteration of drugs within this territory, enacted prior to the passage of this act, and which in any way conflict with the provisions of this act are hereby repealed; provided, that nothing in this act shall be so construed as to prevent any person who has once been a registered member by examination, and may have forfeited his membership by nonpayment of fines or fees, from renewing his membership within two years by paying the required dues or fees without examination.