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Duties of of physicians, as proprietor and manager, touching his comboard with

petency and qualification for that purpose, and upon a respect to

majority of the board being satisfied of such competency and examinations.

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 hunTo whom dred and eight shall not apply to any person engaged in the preceding

retail drug and apothecary business, as proprietor or manager provi. ions

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. Assistant

Section 4410. No person, not a qualified assistant, shall druggist to

be allowed by the proprietor or manager of any retail drug be qualified. 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 Qualifica

of this chapter, shall be a clerk or assistant in a retail drug tions of assistants.

or chemical store, who shall furnish to the Olio 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 Penalties.

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.

ELMER WHITE,
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 How marif she were unmarried, and her husband shall be joined with ried women her only when the cause of action is in favor of or against shall sue and both her and her husband.

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.

[House Bill No. 341.]

AN ACT
To amend section 2502 of the revised statutes of Ohio, as amended

April 18, 1883 (O. L. v. 80, p. 173).
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: Procedings

Section 2502. Nothing mentioned in the next preceding to establish

section shall be done; no ordinance or resolution to establish a street rail or define a street railroad route shall be passed, and no action road route. inviting proposals to construct and operate such railroad

shall be taken by the council, except upon the recommenda-
tion of the board of public works in cities having such a
board, and of the board of improvements in other municipali-
ties 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 rail-
road, 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 not
valid for

grant for the construction or operation of any street railroad,

shall be valid for a greater period than twenty-five years more than

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. That said section 2502 be and the same is 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.

ELMER WHITE,

President pro tem. of the Senate.
Passed March 20, 1884.

25 years.

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[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.

(6) 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

Sample may any person interested, or demanding the same, who shall be demand apply to him for the purpose, and shall tender him the value ed for analy, of the same, a sample sufficient for the analysis of any such sis.

drug or article of food which is in his possession.

Sec. 5. Whoever refuses to comply, upon demand, with Penalties.

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 tined not exceeding one hun. drrd nor less than twenty-five dollars, or imprisoned not exceeding one hundred nor less than thirty days, or hotb. 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.

[Amended House Bill No. 88.]

AN ACT

To amend section 7657 of the revised statutes of its

April 6, 1881, and also to amend section 76,-
statutes.

amended

e ised

.

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 ap

governor, with the consent of the senate; he shall be a pointed.

practical civil engineer, and shall hold his office for the term

of two years unless the state releases the public works. His Salary. salary shall be at the rate of two thousand dollars per an

num, 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 Bond and shall give bond, with good and sufficient security, in the sum oath. of ten thousand dollars, conditioned for the faithful perform

ance of his duties, and shall take an oath of office similar to that prescribed in section three for the officers therein named,

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