thirteen hundred and two of the revised statutes of Ohio be so amended as to read as follows:

Section 1301. All witnesses in civil causes shall be allowed Fees of witthe following fees: For each day's attendance at the court ness and of common pleas or other court of record, to be paid by the mileage. party at whose instance he is summoned (on demand), and taxed in the bill of costs, one dollar, and five cents per mile from his place of residence to the place of holding said court and returning therefrom; for testifying before any officer authorized to take depositions under a subpoena, the sum of seventy-five cents, and five cents per mile from his place of residence to the place of taking depositions, to be paid by the party at whose instance he is summoned (on demand); for attending a coroner's inquest, one dollar per day and the mileage aforesaid, to be paid out of the county treasury; for attending any trial before a justice of the peace, or mayor of

any municipal corporation, the sum of fifty cents a day and When milethe mileage aforesaid; but no mileage shall be allowed in age not pay any case, where the distance from the place of residence of able. the witness, to the place where he shall be called upon to testify, is less than one mile.

Witnesses

in criminal causes in

Section 1302. Witnesses attending under recognizance or subpoena, issued by order of the prosecuting attorney or defendant, before the court of common pleas, or grand jury, or other courts of record in criminal causes, shall be allowed the following fees: For each day's attendance, one dollar, and five cents per mile, the same as in civil causes, to be court of taxed in only one cause, when attending in more causes than record, fees one on the same days, unless otherwise directed by special of. order of the court; the fees provided for in this section shall be paid out of the county treasury, being first certified to the county auditor by the clerk of the court.

SEC. 2. That said original sections 1301 and 1302 be and the same are hereby repealed.

SEC. 3. This act shall take effect and be in force from and after its passage.

L. A. BRUNNER,

Speaker pro tem. of the House of Representatives.

JOHN G. WARWICK,

Passed March 20, 1884.

President of the Senate.

[House Bill No. 41.]

AN ACT

To amend section 4501 of the revised statutes of Ohio, and supplemental to the same.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section four thousand five hundred and one of the

General levy

for ditch fund.

when com

pensation or damages are awarded.

revised statutes of Ohio be amended so as to read as follows: Section 4501. The commissioners shall annually, if necessary, at their March session, levy upon the grand duplicate of the county, a tax not to exceed five-tenths of one mill on the dollar, sufficient to pay for the location and construction of such portions of the respective ditches located by them, or by the commissioners of two or more counties as may be apportioned to the county, and they shall pay out of any fund applicable to such purpose, any sum assessed upon land owned by the county. In all proceedings which have been or shall be commenced under this chapter, wherein Proceedings compensation and damages, or either, has been or shall be awarded by the commissioners, under section forty-four hundred and sixty-one, or by a jury on appeal to the probate court, an amount of the county general ditch improvement fund in the county treasury sufficient to satisfy the same, shall be set apart and held as a deposit of money to secure and be subject to the payment of the same; and if in any such case there shall be an insufficient amount of such ditch improvement fund unappropriated in the treasury for such security and payment, then an amount of the general revenue fund in the county treasury, equal to such deficiency, together with such unappropriated residue of said ditch improvement fund, if any, shall be set apart and held for said purposes; and the commissioners shall, before the property for which compensation and damages has been awarded, shall have been actually taken and occupied for the purpose of its appropriation, order the auditor on demand of the corporation or person entitled thereto, to draw his warrant on the county treasury for the amount of such award, stating therein on what fund it is drawn, and deliver the same to the party so entitled, which shall be paid out of the county treasury; and all sums so paid shall be apportioned, assessed and reimbursed to said funds from the collection of assessments for compensation and damages, as provided in sections four thousand four hundred and seventynine and four thousand four hundred and eighty of the revised statutes, and said original section four thousand five hundred and one is hereby repealed.

Auditor to draw warrant on county treasurer for amount of award.

Duties of

Section 4501a. When all compensation and damages are ascertained, the commissioners shall meet and determine whether they will issue the bonds of the county to raise the money necessary to pay such compensation and damages, or commission- any part thereof; and if so determined, the bonds shall be issued for a term of years, and at a rate of interest, as provided for the issuing of bonds, section four thousand four hundred and seventy-nine, which bonds shall not be sold below their par value.

ers when awards are made.

Bonds, how paid.

Section 45016. The bonds provided for in this act, together with interest thereon, shall be paid as they respectively fall due, out of the county general ditch improvement fund.

SEC. 2. This act shall take effect on its passage, and shall apply to all such proceedings now pending, either before the

commissioners, the probate court, or in any of the courts, on error, appeal, injunction or otherwise.

To amend sections 4405, 4406, 4407, 4408, 4409, 4410, 4411 and 4412 of the revised statutes of Ohio.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That sections forty four hundred and five, forty-four hundred and six, forty-four hundred and seven, forty-four hundred and eight, forty-four hundred and nine, forty four hundred and ten, forty-four hundred and eleven [and] fortyfour hundred and twelve of the revised statutes of Ohio be so amended as to read as follows:

Section 4405. It shall be unlawful for any person not a registered pharmacist to open or conduct any pharmacy or

Proviso.

retail drug or chemical store, as proprietor thereof, unless he Who may shall have in his employ and place in charge of such phar- retail drugs. macy, or store, a registered pharmacist within the meaning of this chapter, who shall have the supervision and management of that part of the business requiring pharmaceutical skill and knowledge; or to engage in the occupation of compounding or dispensing medicines on prescriptions of physicians, or of selling at retail for medicinal purposes, any drugs, chemicals, poisons, or pharmaceutical preparations within this state until he has complied with the provisions of this chapter; provided, nothing in this section shall apply to, or in any manner interfere with the business of any physician, or prevent him from supplying to his patients such articles as may seem to him proper, or with the making or vending of patent or proprietary medicines by any retail dealer, or with the selling by any country store of copperas, borax, blue vitriol, saltpeter, sulphur, brimstone, licorice, sage, juniper berries, senna leaves, castor oil, sweet oil, spirits of turpentine, glycerine, glauber salt, epsom salt, cream of tartar, bi-carbonate of sodium, and of paregoric, essence of peppermint, essence of cinnamon, essence of ginger, hive. syrup, syrup of ipecac, tincture of arnica, syrup of tolu, syrup of squills, spirits of camphor, number six, sweet spirits of nitre, compound cathartic pills, quinine pills, and other similar preparations when compounded by a registered pharmacist and put up in bottles and boxes bearing the label of such pharmacist or wholesale druggist, with the name of the article and directions for its use on each bottle

How pharmaceutical examining board appointed.

Vacancy in board, how filled.

Sessions of

and where

held.

Duties of board.

or box, or with the exclusively wholesale business of any dealer.

Section 4406. The Ohio State Pharmaceutical Association shall, immediately upon the passage of this act, submit to the governor the names of ten persons, residents of this state, who have had at least ten years' experience as pharmacists and druggists, and from the names so submitted to him or others, the governor shall, with the approval of the Senate, select and appoint five persons, who shall constitute a board, to be styled the Ohio Board of Pharmacy; and any member of the board may be removed by the governor for good cause shown him; one member of said board shall be appointed, and hold his office for one year, one for two years, one for three years, one for four years, and one for five years, and until his successor shall be appointed and qualified; and at its regular annual meeting in each and every year thereafter, the said Ohio State Pharmaceutical Association shall select and submit to the governor the names of five persons, with the qualifications hereinbefore mentioned, and the governor shall, with the approval of the Senate, select and appoint from the names so submitted or others, one member of said board, who shall hold his office for five years, and until his successor shall be appointed and qualified. Any vacancy that may occur in said board shall be filled for the unexpired term by the governor, with the approval of the Senate. Each member of said board shall, within ten days after his appointment, take and subscribe an oath or affirmation, before a competent officer, to faithfully and impartially per form the duties of his office.

Section 4407. The Ohio Board of Pharmacy shall hold board, when three regular meetings in each year; one at Cincinnati on the second Monday of January, one at Columbus on the second Monday of May, and one at Cleveland on the second Monday of October, and such additional meetings, at such times and places, as may be determined upon by said board, at each of which meetings it shall transact such business as is required of it by law; said board shall make such rules, by-laws and regulations as may be necessary for the proper discharge of its duties, and shall make a report of its proceedings, including an itemized account of all moneys received and expended by said board, pursuant to this chapter, and a list of the names of all pharmacists duly registered under this act, to the secretary of state on the 15th day of November, 1884, and annually thereafter, and to the Ohio State Pharmaceutical Association. Said board shall keep a book of registration open at some place in Columbus, of which due notice shall be given in three or more newspapers of general circulation in this state, in which the name and place of busines- of every person duly qualified under this chapter to conduct, or engage in the business mentioned and described in section forty-four hundred and five, shall be registered. Every person now conducting or engaged in such business in this state as proprietor or manager of the same, or who, being of the age of eighteen

Register to be kept.

amination.

years, has been employed or engaged for three years preceding the passage of this act as an assistant in any retail drug store in the United States, in the compounding or dispensing of medicines on the prescriptions of physicians, who shall furnish satisfactory evidence in writing and under oath of such facts, within three months after the publication of said notice, shall be registered as a pharmacist or assistant phar- Who may be macist, as the case may be, without examination. Every registered person who shall hereafter desire to conduct, or engage in without exsuch business in this state, shall appear before said board, and be registered within ten days after receiving a certificate of competency and qualification from said board. The said board shall demand and receive for such registration from each and every person registered as a pharmacist, a fee Fee for of not exceeding three dollars, and from each and every registration. person registered as an assistant pharmacist, a fee not exceeding two dollars, to be applied to the payment of the expenses arising under the provisions of this chapter. Pro- Proviso. vided, however, that no such fee shall be demanded of any person who has heretofore been registered as the proprietor or manager of such business or as an assistant therein, under the provisions of any law heretofore in force in this state. Every registered pharmacist, or assistant pharmacist, who desires to continue the practice of his profession, shall, triennially thereafter, during the time he shall continue in such practice, on such date as said board may determine, pay to the secretary of said board a registration fee, to be fixed by said board, but which shall in no case exceed, if a pharmacist, one dollar, if assistant pharmacist, fifty cents, for which he shall receive a renewal of said registration. Every Fee for recertificate of registration granted under this act shall be newal of conspicuously exposed in the prescription department of the registration. drug or chemical store to which it applies, or in which the assistant is engaged. The secretary of said board shall receive a salary which shall be fixed by said board; he shall also receive his traveling and other expenses incurred in the performance of his official duties. The other members of said board shall receive the sum of three dollars for each day actually engaged in the service thereof, and all legitimate and necessary expenses incurred in attending the meetings of said board. Said salary, per diem and expenses shall be paid after an itemized statement of the same has been rendered and approved by the board from the fees and penalties received by said board under the provisions of this act. moneys received in excess of said per diem allowance, and other expenses above provided for, shall be held by the secretary as a special fund for meeting the expenses of said board; he giving such bond as said board shall from time to time direct.

Salary of

secretary

and board.

All Excess of

Section 4408. The Ohio Board of Pharmacy shall examine every person who desires to carry on or engage in the business of a retail apothecary, or of retailing any drugs, medicines, chemicals, poisons, or pharmaceutical preparations, or of compounding and dispensing the prescriptions

fees, how disposed of.