Duties of board with respect to examinations. To whom preceding provi.ions do not ap Assistant druggist to be qualified. Qualifications of assistants. Penalties. of physicians, as proprietor and manager, touching his competency and qualification for that purpose, and upon a majority of the board being satisfied of such competency and qualification, they shall furnish such person a certificate of his competency and qualification, as pharmacist, which certificate shall entitle the person named therein to conduct and carry on the business aforesaid, as proprietor and manager thereof, upon complying with the requirements of section forty-four hundred and seven; and such board shall also examine each person who desires to engage in such business as assistant pharmacist, touching his competency and qualification, and upon any such person passing a satisfactory examination, shall furnish a certificate setting forth that he is a qualified assistant in pharmacy, which certificate shall enable the person named therein to engage in said business as an assistant pharmacist upon his complying with the provisions of section forty-four hundred and seven. Section 4409. The provisions of [section] forty-four hundred and eight shall not apply to any person engaged in the retail drug and apothecary business, as proprietor or manager of the same, at the time of the passage of this act, or who, being at the age of eighteen years has been continuously employed or engaged for three years immediately preceding the passage of this act as assistant in any retail drug store in the United States, in the compounding or dispensing of medicines on the prescriptions of physicians, who has complied with the provisions of section forty-four hundred and seven. Section 4410. No person, not a qualified assistant, shall be allowed by the proprietor or manager of any retail drug or chemical store, to compound or dispense the prescriptions of physicians, except as an aid under the supervision of the proprietor or manager, or his qualified assistant. Section 4411. A qualified assistant, within the meaning of this chapter, shall be a clerk or assistant in a retail drug or chemical store, who shall furnish to the Ohio Board of Pharmacy such evidence of his employment as is required by section forty-four hundred and seven; or a person holding the certificate of said board, as an assistant pharmacist, as provided in section forty-four hundred and eight. Section 4412. A person violating the provisions of section forty-four hundred and seven relating to registration, renewal of registration, or failing to conspicuously expose such certificate of registration, shall be deemed guilty of a misdemeanor, and upon conviction thereof, be fined in any sum not exceeding one hundred dollars for each week he continues to carry on or to be engaged in such business without such registration, and for the violation of any of the provisions of section forty-four hundred and ten, such pharmacist shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not exceeding fifty dollars for each and every offense; all fines assessed for the violation of any of the provisions of this act shall be placed in the county treasury for the use and benefit of the common school fund of the county in which such offense is committed; provided, that nothing in this act shall be so construed as to in any way affect the right to any person to bring a civil action against any person referred to in this act for any act or acts for which a civil action may now be brought. SEC. 2. Original sections 4405, 4406, 4407, 4408, 4409, 4410, 4411 and 4412 of the revised statutes of Ohio 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. President pro tem. of the Senate. Passed March 20, 1884. [House Bill No. 141.] AN ACT To amend sections 4996 and 5319 of the revised statutes of Ohio. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That sections forty-nine hundred and ninety-six and fifty-three hundred and nineteen of the revised statutes of Ohio be amended so as to read as follows: Section 4996. A married woman shall sue and be sued as if she were unmarried, and her husband shall be joined with her only when the cause of action is in favor of or against both her and her husband. How married women shall sue and be sued. Section 5319. When a married woman sues or is sued, Judgment like proceedings shall be had and judgment rendered and against marenforced as if she were unmarried, and her property and ried woman. estate shall be liable for the judgment against her, but she shall be entitled to the benefits of all exemptions to heads of families. SEC. 2. That said original sections 4996 and 5319 be and the same are hereby repealed; and 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. ELMER WHITE, President pro tem. of the Senate. Passed March 20, 1884. Procedings to establish a street rail road route. Grant not valid for more than 25 years. [House Bill No. 341.] AN ACT To amend section 2502 of the revised statutes of Ohio, as amended SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section twenty-five hundred and two of the revised statutes of Ohio, as amended April 18, 1883, be amended so as to read as follows: Section 2502. Nothing mentioned in the next preceding section shall be done; no ordinance or resolution to establish or define a street railroad route shall be passed, and no action inviting proposals to construct and operate such railroad shall be taken by the council, except upon the recommendation of the board of public works in cities having such a board, and of the board of improvements in other municipalities having such a board; and no ordinance for the purpose specified in said preceding section shall be passed until public notice of the application therefor has been given by the clerk of the corporation in one or more of the daily papers, if there be such, and if not then in one or more weekly papers published in the corporation, for the period of at least three consecutive weeks; and no such grant as mentioned in said preceding section shall be made, except to the corporation, individual or individuals, that will agree to carry passengers upon such proposed railroad at the lowest rates of fare, and shall have previously obtained the written consent of a majority of the property-holders upon each street or part thereof, on the line of the proposed street railroad, represented by the feet front of the property abutting on the several streets along which such road is proposed to be constructed; provided, that no grant nor renewal of any grant for the construction or operation of any street railroad, shall be valid for a greater period than twenty-five years from the date of such grant or renewal; and after such grant or renewal of a grant is made, whether by special or general ordinance, the municipal corporation shall not, during the term of such grant or renewal, release the grantee from any obligation or liability imposed by the terms of such grant or renewal of a grant. SEC. 2. repealed. That said section 2502 be and the same is hereby 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. ELMER WHITE, President pro tem. of the Senate. Passed March 20, 1884. [House Bill No. 18.] AN ACT To provide against the adulteration of food and drugs. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That no person shall, within this state, manufacture for sale, offer for sale, or sell any drug or article of food which is adulterated, within the meaning of this act. SEC. 2. The term "drug," as used in this act, shall in- Term drug clude all medicines for internal or external use, antiseptics, defined. disinfectants and cosmetics. The term "food," as used herein, shall include all articles used for food or drink by man, whether simple, mixed, or compound. SEC. 3. An article shall be deemed to be adulterated within the meaning of this act: (a) In the case of drugs: (1) If, when sold under or by a When drugs name recognized in the United States Pharmacopoeia, it deemed differs from the standard of strength, quality or purity laid adulterated. down therein; (2) If, when sold under or by a name not recognized in the United States Pharmacopoeia but which is found in some other pharmacopoeia, or other standard work on meteria medica, it differs materially from the standard of strength, quality, or purity laid down in such work; (3) If its strength, quality or purity falls below the professed standard under which it is sold. (b) In the case of food: (1) If any substance or substances When food have been mixed with it, so as to lower or depreciate, or in- deemed juriously affect its quality, strength or purity; (2) If any adulterated. inferior or cheaper substance or substances have been substituted wholly or in part for it; (3) If any valuable or necessary constituent or ingredient has been wholly or in part abstracted from it; (4) If it is an imitation of, or is sold under the name of another article; (5) If it consists wholly, or in part, of a diseased, decomposed, putrid, infected, tainted or rotten animal or vegetable substance or article, whether manufactured or not-or, in the case of milk, if it is the produce of a diseased animal; (6) If it is colored, coated, polished or powdered, whereby damage or inferiority is concealed, or if by any means it is made to appear better or of greater value than it really is; (7) If it contains any added substance or ingredient which is poisonous or injurious to health, or any deleterious substance not a necessary ingredient in its manufacture; provided, that the provisions of this act shall not apply to mixtures or compounds recognized as ordinary articles of food, if the same be distinctly labeled as mixtures or compounds, and are not injurious to health, and contain no ingredient not necessary to the preparation of a genuine article of such mixtures or compounds, and from which no necessary ingredient in its preparation is eliminated. SEC. 4. Every person manufacturing, offering or exposing for sale, or delivering to a purchaser, any drug or article of food included in the provisions of this act, shall furnish to any person interested, or demanding the same, who shall apply to him for the purpose, and shall tender him the value of the same, a sample sufficient for the analysis of any such drug or article of food which is in his possession. SEC. 5. Whoever refuses to comply, upon demand, with the requirements of section four, and whoever violates any of the provisions of this act, shall be guilty of a misdemeanor, and upon conviction shall be fined not exceeding one hundred nor less than twenty-five dollars, or imprisoned not exceeding one hundred nor less than thirty days, or both. And any person found guilty of manufacturing, offering for sale or selling an adulterated article of food or drug under the provisions of this act, shall be adjudged to pay, in addition to the penalties herein before provided for, all necessary costs and expenses incurred in inspecting and analyzing such adulterated articles of which said person may have been found guilty of manufacturing, selling or offering for sale. SEC. 6. This act shall take effect and be in force in forty days from and after its passage. A. D. MARSH, Speaker of the House of Representatives. ELMER WHITE, President pro tem. of the Senate. Passed March 20, 1884. pointed. Salary. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section 7657 of the revised statutes of Ohio, as amended April 6, 1881, and section 7658 of the revised statutes be so amended as to read as follows: Engineer of Section 7657. The office of engineer of public works is public works hereby created and said officer shall be appointed by the -how apgovernor, with the consent of the senate; he shall be a practical civil engineer, and shall hold his office for the term of two years unless the state releases the public works. His salary shall be at the rate of two thousand dollars per annum, to be paid monthly out of the canal fund after the services are rendered, upon the order of the board of public works and on the warrant of the auditor of state, and he shall give bond, with good and sufficient security, in the sum of ten thousand dollars, conditioned for the faithful performance of his duties, and shall take an oath of office similar to that prescribed in section three for the officers therein named. Bond and oath. |