PROPOSED  LAW  REGULATING  PHARMACY,  ETC.  565 
defray  expenses,  and  such  penalty  shall  be  sued  for  and  recovered  in  the  same 
manner  as  is  now  provided  by  the  Revised  Statutes  of  this  State,  for  the  re- 
covery of  penalties  in  other  qui  tarn  actions.  Provided^  however^  that  in  rural 
districts,  where  there  is  no  registered  pharmacist  within  three  miles,  it  siiall 
be  lawful  for  retail  dealers  annually  to  procure  licenses  from  the  registrar  of 
pharmacists,  at  a  fee  of  one  dollar,  as  retailers  of  poisons,  and  all  sales  of 
poisons  by  persons  so  licensed  shall  be  recorded  in  a  book  kept  for  that  pur- 
pose only,  in  the  same  manner  as  provided  in  Sect.  13  of  this  Act. 
Sect.  11,  And  any  registered  pharmacist  or  authorized  retailer  of  poisons, 
who  shall  fail  to  comply  with  the  regulations  of  this  Act  in  regard  to  retailing, 
dispensing  and  compounding  of  poisons,  shall  be  liable  to  a  penalty  of  fifty 
dollars  for  the  first  offence,  and  one  hundred  dollars  for  the  second  and  every 
subsequent  offence,  and  such  penalty  shall  be  sued  for,  recovered  and  paid  to 
the  Pharmaceutical  Board  of  this  State  in  the  manner  provided  in  Section  10. 
Sect.  12.  But  be  it  provided^  that  nothing  hereinbefore  contained  shall  apply 
to,  or  in  ax\y  manner  whatever  interfere  with,  the  business  of  any  practitioner 
of  medicine  who  does  not  keep  open  shop  for  the  retailing,  dispensing  or  com- 
pounding of  medicines  and  poisons,  nor  prevent  him  from  administering  or 
supplying  to  his  patients  such  articles  as  may  seem  to  him  fit  and  proper,  nor 
with  the  making  and  dealing  in  proprietary  remedies,  (popularly  called  patent 
medicines),  unless  such  medicines  should  be  wholly  or  partly  composed  of  any 
of  the  articles  enumerated  in  Schedule  A,  nor  with  the  business  of  wholesale 
dealers  in  supplying  poisons  according  to  the  ordinary  course  of  wholesale 
dealing  to  retailers  and  physicians,  and  for  use  in  the  arts. 
And  upon  the  decease  of  any  registered  pharmacist,  actually  in  business  at 
the  time  of  his  death,  it  shall  be  lawful  for  any  executor,  administrator  or 
trustee  of  the  estate  of  such  registered  pharmacist,  to  continue  such  business, 
if  and  for  so  long  only  as  such  business  shall  actually  be  conducted  by  a  reg- 
istered pharmacist  or  registered  assistant  in  pharmacy;  but  if  such  person  be 
not  registered,  he  must  cause  himself  to  be  registered  within  twenty  days  of 
his  commencing  to  conduct  the  business  of  said  decedent,  under  the  same 
penalties  as  are  prescribed  in  the  tenth  section  of  this  Act,  which  penalties 
shall  be  collected  from  the  estate  of  said  decedent. 
Sect.  13.    And  he  it  further  enacted^  that  from  and  after  the  day  of 
,  it  shall  be  unlawful  for  any  person  to  sell,  either  by  wholesale  or 
retail,  any  poison,  without  distinctly  labelling  the  bottle,  box,  vessel,  or  paper, 
and  wrapper  or  cover  in  which  said  poison  is  contained,  with  the  name  of  the 
article,  the  word  poison,  and  the  name  and  place  of  business  of  the  seller. 
Nor  shall  it  be  lawful  for  any  registered  pharmacist,  or  authorized  retailer 
of  poisons,  to  sell  or  dispense  a  poison  without  being  satisfied  that  it  is  for 
legitimate  use,  and  before  delivery  to  the  buyer,  making  or  causing  to  be  made 
an  entry  in  a  book  kept  for  that  purpose  only,  to  be  preserved  for  at  least  five 
years,  and  to  be  always  open  to  the  inspection  of  the  Pharmaceutical  Board, 
the  Registrar  of  Pharmacists,  the  Board  of  Health,  the  Coroner,  and  the  offi- 
cers of  the  different  Courts,  stating  in  the  form  set  forth  in  Schedule  F,  an- 
nexed to  this  Act,  the  date  of  the  sale,  the  name  and  address  of  the  purchaser, 
the  name  and  quantity  of  the  article  sold,  and  the  purpose  for  which  it  is 
stated  by  the  purchaser  to  be  required.  Provided^  that  no  article  shall  be  con- 
sidered a  poison,  within  the  meaning  of  this  Act,  unless  such  article  be  enu- 
merated in  Schedule  A,  annexed  to  this  Act,  or  shall  hereafter  be  declared  a 
poison  by  law. 
Sect.  14.  The  provisions  of  Section  13  shall  not  apply  to  articles  to  be  ex- 
ported, nor  to  any  articles  forming  part  of  the  ingredients  of  medicine  com- 
pounded in  accordance  with  the  written  prescription  of  a  practitioner  of 
medicine  ;  but  all  prescriptions,  whether  or  not  composed  in  pare  of  an  in- 
gredient or  ingredients  declared  hy  this  Act  to  be  poisonous,  must  be  carefully 
kept  by  the  pharmacist  on  a  file  or  in  a  book  kept  for  that  purpose  onlj^,  and 
numbered  in  the  order  in  which  they  are  received  or  dispensed  ;  and  every 
box,  bottle,  vial,  vessel,  or  packet  containing  medicine  so  dispensed,  must  be 
