38  Draft  of  a  Proposed  Drug  Law.  {A^£^JSS^ 
procured.  Any  party  so  notified  shall  be  given  an  opportunity  to  be 
heard  under  such  rules  and  regulations  as  may  be  prescribed  as 
aforesaid,  and  if  it  appears  that  any  of  the  provisions  of  this  Act 
have  been  violated  by  such  party,  then  the  Board  shall  at  once  direct 
their  agent  or  representative  to  lay  the  facts  before  the  district  at- 
torney of  the  proper  county,  together  with  a  copy  of  the  results  of 
the  analysis  of  such  article  duly  authenticated  by  the  analyst  or 
officer  making  the  same,  and  shall  direct  their  said  agent  or  repre- 
sentative, under  the  direction  of  the  said  district  attorney,  to  make 
information  against  the  party  so  appearing  to  have  violated  the 
provisions  of  this  Act  and  attend  to  the  prosecution  of  such  pro- 
ceeding until  the  same  is  finally  terminated. 
Section  7. — That  it  shall  be  the  duty  of  each  district  attorney 
to  whom  the  Board  shall  report  any  violation  of  this  Act  to  cause 
appropriate  proceedings  to  be  commenced  and  prosecuted  in  the 
proper  court  without  delay  for  the  collection  of  the  penalties  in 
such  case  made  and  provided. 
Section  8. — That  any  person  who  shall  violate  any  of  the  pro- 
visions of  this  Act  shall  be  guilty  of  a  misdemeanor,  and  for  each 
offense,  upon  conviction  thereof,  be  fined  not  to  exceed  fifty  dol- 
lars, and,  upon  conviction,  for  any  second  or  subsequent  commis- 
sion of  the  same  offense,  shall  be  fined  not  to  exceed  one  hundred 
dollars,  and  upon  each  conviction  the  person  so  convicted  shall,  in 
addition  to  the  fine  herein  mentioned,  pay  all  the  costs  of  prosecution, 
including  the  expense  incurred  in  examining  and  analyzing  the  arti- 
cle found  to  have  been  adulterated  or  misbranded,  and  all  fines  paid 
and  collected  for  violations  of  this  Act  shall  be  paid  to  the  Treasurer 
of  the  State  Pharmaceutical  Examining  Board,  and  by  him  shall  be 
forthwith  paid  to  the  Treasurer  of  the  State  for  the  use  of  the 
Commonwealth. 
Section  9. — That  in  case  it  shall  be  made  to  appear  at  any  hear- 
ing before  the  said  Board,  or  under  the  rules  and  regulations  pre- 
scribed thereby,  that  the  dealer  from  whom  any  adulterated  or  mis- 
branded  article  shall  have  been  purchased  or  procured  the  same 
from  any  manufacturer,  wholesale  dealer  or  jobber,  who  has  given 
a  guarantee  thereof  to  the  dealer  that  the  same  is  not  misbranded 
or  adulterated  within  the  meaning  of  this  Act,  and  if  it  shall  be  made 
to  appear  that  the  said  dealer  has  kept  and  preserved  the  article  in 
question  in  precisely  the  same  condition  as  to  quality  and  purity 
as  when  it  was  so  purchased  by  said  dealer,  then  and  in  that  case  the 
