for examinations, registration, and certificates, shall be appropriated to defray the expenses of the state board of pharmacy. SEC. 5. Every person, not a registered pharmacist, who shall keep open shop for the retailing and dispensing of medicines and poisons; or who shall take, use, or exhibit the title of registered pharmacist; and every person who shall violate any of the provisions of this chapter, shall, upon the first conviction, be fined fifty dollars, and upon the second, and every subsequent conviction, shall be fined one hundred dollars; and all fines recovered shall enure, one half to the state, and the other half to the complainant: Provided, however, that in towns or parts of towns where there is no registered pharmacist within three miles, it may be lawful for any person to sell the usual domestic medicines put up by a registered pharmacist, and marked with his label; such person procuring annually a certificate from the state board of pharmacy therefor, and paying one dollar for such certificate. SEC. 6. Nothing hereinbefore contained shall apply to any practitioner of medicine, who does not keep open shop for the retailing, dispensing, or compounding of medicines or poisons, nor prevent him from administering or supplying to his patients such articles as he may deem fit and proper; nor shall it interfere with the making and dealing in proprietary medicines (popularly called patent medicines), unless such medicines be wholly or in part composed of some of the articles enumerated in schedule A, of this chapter; nor with the business of wholesale dealers in supplying medicines and poisons to registered pharmacists and physicians, and for use in the arts. SEC. 7. No person shall hereafter sell, either by wholesale or retail, any of the poisons enumerated in schedule A, of this chapter, without distinctly labelling the bottle, box, vessel, or paper, and wrapper or coyer 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; and every registered pharmacist selling or dispensing any of said poisons shall first enter in a book, to be kept for that purpose only, and subject always to inspection by the state board of pharmacy, or any officer or agent thereof, or other proper authority, and to be preserved for at least five years, a record of the same in accordance with schedule B of this chapter: Provided, that if any of said poisons form a part of the ingredients of any medicine or medicines compounded in accordance with the written prescription of a medical practitioner, the same need not be labelled with the word poison; but all prescriptions, whether or not composed in part or in whole of any of said ingredients, shall be carefully kept by the pharmacist on a file or in a book, used for that purpose only, and numbered in the order in which they are received or dispensed, and every box, bottle, vial, vessel, or packet containing medicines so dispensed, shall be labelled with the name and place of business of the registered pharmacist so dispensing said medicine, and be numbered with a number corresponding with that on the original prescription, retained by said pharmacist on such book or file. Such prescription shall be preserved at least five years, and shall be open to the inspection of the writer thereof, and a copy shall be furnished free of expense, when demanded by either the writer or the purchaser thereof. SEC. 8. Every person who shall knowingly adulterate, or cause to be mixed, any foreign or inert substance with any drug or medicinal substance, or any compound medicinal preparation recognized by the pharmacopoeia of the United States, or of other countries, as employed in medicinal practice, with the effect of weakening or destroying its Penalty for falsely assumistered pharmaing to be a regcist, &c.; exception of sale of domes tic medicines. Practitioners of medicine, how far excepted from foregoing provisions. Certain poi sons, regulations for the sale of. Penalty for Board of pharmacy to prosecute, &c. medicinal power, or who shall sell the same knowing it to be adulterated, shall, in addition to the penalties prescribed in section five hereof, forfeit to the use of the state, all articles so adulterated found in his possession, and shall be deprived of the right of practising as a pharmacist in this state thereafter. Whenever complaint shall be made of any violation of the provisions of this section, the state board of pharmacy, on being notified thereof, shall make investigation of the same, employing competent persons, when necessary, to make analysis of the articles alleged to be adulterated; and if such complaint shall be substantiated, said board shall assist in making prosecution against the respondent. Form in which registered pharmacists and retail dealers in poison shall keep their Date. poison-book. SECTION 1. Before any hay or straw pressed into bundles shall be delivered to any purchaser within this state, the same shall be weighed by some town weigher, and the tare for wood and other bindings about the said bundles, as nearly as the same can be ascertained without unbinding the same, shall be deducted therefrom, and the gross weight of such bundle, with the tare ascertained as aforesaid, and the said weight of the hay or straw therein, shall, in legible figures, with the initials of the weigher, be marked upon some board or wood attached to each bundle of hay or straw. SEC. 2. Every person who shall put into or conceal in any bundle of hay or straw, any wet or damaged hay or other material, or hay of an inferior quality to that which plainly appears upon the outside of such bundle, or who knowingly offers for sale, or sells, any bundle of hay as merchantable, in which there is concealed such wet, damaged, or inferior hay or other materials, shall be deemed guilty of a misdemeanor. any SEC. 3. Every person violating any of the provisions of this chapter shall be fined twenty dollars, and forfeit one hundred dollars, one half to the use of the town, and one half to the use of the person who shall sue for the same. But nothing herein contained shall be construed to apply to the sale of hay and straw sold by the producer thereof for consumption and not to be resold, nor to prevent the purchase of commodities by a standard weight expressly agreed upon by the parties. Hay and straw in bundles, to be weighed and marked before delivery. Penalty for concealing, dles, damaged, &c., hay, or selling same. &c., in bun Penalty for violating pro visions of this chapter; exception of sales for conby standard weight. sumption, and TITLE XVII. OF THE REGULATIONS OF TRADE. CHAPTER 121. Of partners and joint debtors. CHAPTER 122. Of limited partnerships. CHAPTER 123. Of principals and agents or factors. CHAPTER 124. Of auctioneers. CHAPTER 125. Of expressmen. CHAPTER 126. Of common carriers. CHAPTER 127. Of hawkers and peddlers. CHAPTER 128. Of legal interest. SECTION CHAPTER 129. Of bills of exchange and promissory notes. CHAPTER 121. OF PARTNERS AND JOINT DEBTORS. SECTION When copartner may make separate composition with creditors. Effect of. Same subject. Evidence of. Effect of such composition on other copartners and their creditors. Right of other copartners to call on compre mising partner 1. Copartner may make separate 2. Effect of such composition. 3. Same subject. 4. Evidence of such composition. 5. Effect of such composition on other copartners and their creditors. 6. Right of other copartners to call on partner compromising for contribution. 7. Provisions aforegoing to extend to joint debtors. SECTION 1. Whenever any copartnership shall be dissolved, any individual who was embraced in such copartnership may make a separate composition or compromise with any one or all of the creditors of such copartnership. SEC. 2. Such composition or compromise shall be a full and effectual discharge to the debtor making the same, of the whole of said debt, and be taken and considered in reference to the other copartners as actual payment of such debtor's proportion of the debt, whether the full amount of his proportion of said debt be actually paid, or not. SEC. 3. In case an amount exceeding his proportion be actually paid, it shall be taken and considered as payment of the amount of debt actually paid. SEC. 4. Every such debtor making a composition or compromise, shall take from the creditor with whom he may make the same a note or memorandum in writing, exonerating him from all individual liability, incurred by reason of such connection with such copartnership; which note or memorandum may be given in evidence by such debtor under the general issue, in bar of such creditor's right of recovery against him. SEC. 5. Such composition or compromise shall not be so construed as to discharge the other copartners, except as provided in the second and third sections of this chapter; nor shall it impair the right of the creditor to proceed at law or in equity against the members of such copartnership who have not been discharged; and the members of the copartnership so proceeded against shall be permitted to set off any demand against said creditor which could have been set off, had said suit been against all the individuals composing said firm; and they may avail themselves of any defence in law or equity that would have been available had not this chapter been passed: except that they shall not set up the discharge of one individual as a discharge of all the other copartners, unless it shall appear that all were intended to be discharged. SEC. 6. Such composition or compromise shall in nowise affect the right of the other copartners, or any of them, to call on the individual making such compromise for any sum beyond said individual's original portion of said debt, if in consequence of the insolvency, in- for contribuability to pay, or absconding of any one of said copartners, such in- tion. dividual so compromising should become liable to pay more than his proportion of said debt, either in law or equity. SEC. 7. The above provisions in reference to copartners shall ex- Provisions aforegoing to tend to joint debtors, who are hereby authorized, individually, to comextend to joint pound or compromise for their joint indebtedness, with the like effect debtors. to creditors and to joint debtors of the individual so compromising, as is above provided in reference to copartners. SECTION 1. Limited partnerships for the transaction of mercantile, mechanical, or manufacturing business within this state, may be formed by two or more persons, upon the terms and subject to the conditions and liabilities herein prescribed; but nothing herein contained shall authorize any such partnership for the purpose of insurance, or banks of issue and circulation. SEC. 2. Such partnerships may consist of one or more persons who shall be called general partners, and shall be jointly and severally responsible as general partners now are by law; and of one or more persons who shall contribute to the common stock a specific sum in actual cash payment as capital, and who shall be called special partners, and shall not be personally liable for any debts of the partnership, except in the cases hereinafter mentioned. SEC. 3. The persons forming any such partnership shall make and severally sign a certificate which shall set forth : 1. The name or firm under which the partnership is to be conducted; For what purposes may be formed. General and special partners; liability of each. Certificate to be names, &c., of 2. The names and respective places of residence of all the general and special partners, distinguishing who are general and who are partners; special partners; 3. The amount of capital which each special partner has contrib- capital; uted to the common stock ; 4. The general nature of the business to be transacted; nature of bus: ness; |