98 



labeling the bottle, box, vessel, or paper in which said poison is contained, with the 

 name of the article, the word "poison," and a vignette representing a skull and 

 crossbones, and the name and the place of business of the seller; nor shall it be 

 lawful for any person to sell or deliver any poison enumerated in said schedules A 

 and B, unless upon due inquiry it is found that the purchaser is aware of its poison- 

 ous nature, and represents that it is to be used for a legitimate purpose; nor shall it 

 be lawful for any person to sell any poison included in schedule A without, before 

 delivering the same to the purchaser, causing an entry to be made in a book kept for 

 that purpose, stating the date of the sale, the name and the address of the pur- 

 chaser, the name and quality of the poison sold, the purpose for which it is repre- 

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

 to be always open to proper authorities for inspection. The provisions of this sec- 

 tion shall not apply to the dispensing of poisons in usual doses, and by physicians' 

 prescriptions. 



SEC. 10. Nothing contained in the foregoing section shall apply to or interfere 

 with the bus'iness of any practitioner of medicine who does not keep open shop for 

 retailing of medicines and poisons; nor with the business of wholesale dealers, 

 excepting section 9, and the penal ties. of its violation. 



SEC. 11. Any person who shall permit, by willful neglect, the compounding and dis- 

 pensing of prescriptions in his store or place of business, by any person or persons 

 not registered except under the sn)>< -r\ ision of a registered pharmaceutist, or any per- 

 son not registered who shall keep open shop for the retailing or dispensing of medi- 

 cines or poisons, or who shall fraudulently represent himself to be registered, or any 

 registered pharmacist, or any dealer in medicines, who shall fail to comply with the 

 regulations and provisions of this act in relation to retailing and dispensing of 

 poison, shall, for every offense, be deemed guilty of a misdemeanor, and, upon con- 

 viction thereof, be liable to a penalty not exceeding twenty-live dollars. 



SEC. 12. Immediately on passage of this act the governor shall appoint five repu- 

 table and practicing pharmacists doing business within the State, from ten of said 

 pharmacists recommended to him by the North Carolina pharmaceutical association ; 

 said pharmacists so appointed shall constitute the board of pharmacy of the State 

 of North Carolina, and shall hold office for the term of one, two, three, four, and five 

 years, respectively, as herein provided, and until their successors have been duly 

 elected and qualified. " The North Carolina pharmaceutical association shall annu- 

 ally thereafter elect a pharmacist from their number to fill the vacancy annually 

 occurring in said board. Said pharmacist so elected shall be commissioned by the 

 governor and hold office for the term of five years and until his successor has been 

 duly elected and qualified. In case of death, resignation, or removal from the State 

 of any member of said board of pharmacy, the said board shall elect in his place a 

 pharmacist who is a member of said association, to serve as a member of the board 

 for the remainder of the term." 



SEC. 13. The penalties prescribed by this act shall be recovered by suits in the name 

 of the people of this State, according to the statutes in such cases provided, to be 

 prosecuted by the proper officers of the counties, respectively, where the violations 

 of the provisions of this act may be committed. 



SEC. 14. Any pharmacist failing to comply with the requirements of sections five 

 and eight within ninety days from and after the passage of this act shall forfeit his 

 right to registration, and shall appear before the board of pharmacy for examination, 

 as provided in section five of this act. 



SEC. 15. All acts or portions of acts conflicting with the provisions of this act are 

 hereby repealed. 



SEC. 16. It shall be the duty of the sheriffs of the counties to see that the provisions 

 of this act are enforced. 



SEC. 17. This act may for all purposes be quoted under the title of the " Pharmacy 

 Act of 1881." 



