WEST VIRGINIA. 201 



oil of bitter almonds, opium and its preparations, except paregoric and other 

 preparations of opium containing less than two grains to the ounce. 



SCHEDULE B. 



Aconite, belladonna, colchicum, conium, nux vomica, henbane, savin, ergot, 

 cotton root, cantharides, creosote, digitalis, and their pharmaceutical prepara- 

 tions ; croton oil, chloroform, chloral hydrate, sulphate of zinc, sulphate of 

 copper, ascetate of lead, mineral acids, carbolic acid and oxalic acid. When 

 ever any of the said poisons are sold, the box, vessel or paper in which the 

 same is put up, shall be distinctly labeled with a device bearing the death's 

 head and cross-bones, and also the name of the article, and the name and place 

 of business of the seller. The seller shall also ascertain, upon due inquiry, 

 that the purchaser is aware of the poisonous character of the drug, and that 

 it is to be used for legitimate and lawful purposes. He shall also, before 

 delivering any of the poisons named in Schedule A to the purchaser, cause 

 an entry to be made in a book kept for the purpose, which entry shall show 

 the date of the sale, the name and residence of the purchaser, the name and 

 quantity of the poison sold, the purpose for which it is to be used as repre- 

 sented by the purchaser, and the name of the dispenser ; such book to be 

 always subject to the inspection of the proper authorities, and to be preserved 

 for at least five years from the date of the last entry. The provisions of this 

 section shall not apply to the dispensing of drugs in not unusual quantities on 

 the prescriptions of physicians. Nothing in this act contained shall be con- 

 strued so as to protect any druggist or registered pharmacist from any pen- 

 alty or forfeiture prescribed in any other law regulating the sale of alcoholic 

 or other intoxicating liquors; and the name of any registered pharmacist who 

 bhall be convicted twice of the violation of such law, shall be stricken from 

 the register, and he shall no longer be a registered pharmacist. Nor shall this 

 act be construed to authorize any person to carry on the business of a druggist 

 without first having obtained a license therefor, if such license be required 

 by any other law, or to sell, offer or expose for sale, any of the liquors, 

 drinks, mixtures or preparations mentioned in section one of chapter thirty- 

 two of the Code of West Virginia, as amended and re-enacted by chapter one 

 hundred and seven of the Acts of 1877, except for medicinal, mechanical or 

 scientific purposes. And no sale of any such liquors, drinks, mixtures or 

 preparations shall be made by any druggist or registered pharmacist, except 

 upon the written prescription of a practicing physician in good standing in his 

 profession, and not of intemperate habits, specifying the name of the person 

 and the quantity of such liquors to be furnished him-; but no druggist or reg- 

 istered pharmacist, who is a practicing physician, shall himself, or by his 

 agent or clerk, sell any such liquors, drinks, mixtures or preparations upon 

 his own prescription. And if any person carrying on or interested in the busi- 

 ness of a druggist shall, in violation of this section, sell any such liquors, 

 Irinks, mixtures or preparations, he shall be guilty of a misdemeanor, and for 

 such offense be fined not less than twenty-five nor more than one hundred dol- 

 lars ; and it shall be the special duty of the judge of every circuit court to give 

 this provision in charge to the grand juries of their respective courts. In 

 any prosecution against a person carrying on or interested in the business of 

 a druggist for selling any such liquors, drinks, mixtures or preparations, con- 

 trary to law, if the sale be proved, it shall be presumed that such sale was 

 unlawful, unless the contrary be shown. 

 Code, 1899, p. 993. 



a So in Code. 



