age or receptacle of any kind containing, or which is supposed to contain, any article of food, drink or drug, and examine or analyze the contents thereof. Any such article or sample thereof may be seized or taken for the purpose of having it analyzed; but if the person from whom it is taken shall so request at the time of taking, the officer shall then and in the presence of such person securely seal up two samples of such article, one of which shall be for analysis under the direction of the commissioner, the other shall be delivered to the person from whom the sample or article was obtained. * * *

SUBMISSION OF ARTICLES FOR ANALYSIS; EVIDENCE. Section 1410c. The State Board of Health, medical officers of local boards of health, town and village boards or common councils may submit to the dairy and food commissioner samples of water or other drinks, of food or drugs for analysis, and the same shall be examined and reports made of the analysis thereof to the body or officer submitting the same as soon as practicable; such reports shall fully specify the results of the analysis and be signed by such commissioner; they shall be accepted in all courts and places as prima facie evidence of the properties and condition of the articles analyzed.

(Chapter 57.)

SALE OF POISON. Section 1419. No person shall sell at retail or give away any poison commonly recognized as such, except paris green put up in packages and labeled "Paris Green, Poison," and especially aconite, arsenic, and its preparations, belladonna, biniodide of mercury, carbolic acid, chloral hydrate, chloroform, conium, corrosive sublimate, creosote, croton oil, cyanide of potassium, digitalis, hydrocyanic acid, morphine, nux vomica, oil of savin, oil of tansy, oil of bitter almonds, oil of cloves, ovalic (oxalic) acid, opium and preparations of opium, phosphorous, sulphuric ether, strychnine, sugar of lead, sulphate of zinc, white precipitate, red precipitate or any mixture containing enough of any of said poisons, or any combination of them sufficient to kill a person taking the same, without affixing to the box, bottle, vessel or package containing the same, and to the wrapper or cover thereof, a label bearing the word "poison" distinctly shown, together with the name and place of business of the seller. And any person who shall sell or retail any such poison shall keep in his place of business a book, in which shall be entered an accurate record of the sale of all poisons: such record shall contain the amount purchased, the date, for what purpose purchased, and the buyer's name and address, and shall be during ordinary business hours subject to the inspection of the district attorney of the county in which such store is located or of any authorized agent of the State Board of Pharmacy. Any person failing or neglecting to comply with any of the provisions of this section

shall forfeit for each such violation not less than five dollars nor more than fifty dollars.

NOTE.-Marking "poison". The druggist who sold the medicine warned the purchaser that it was a strong poison and that he should only take ten or twelve drops for a dose. No label was put upon the bottle. Death resulted from taking ten or twelve times as much as the druggist said would be a dose. Conceding that by omitting to label the bottle the defendant was guilty of a misdemeanor, he was not answerable to the representatives of the deceased for either a negligent or wrongful act when toward him he was guilty of neither, since he fairly and fully warned him of all and more than could have been made known on the authorized label. Wohlfuhrt v. Beckert, 92 N. Y., 490.

Sale by agent. In a common-law action to recover damages caused by the non-observance of this statute, such non-observance is conclusive evidence of negligence. The doctrine of agency applies, and the master is civilly liable for the negligence of his servant, committed in the course of his employment. Osborne v. MacMasters, 40 Minn., 103. (See Rider.) Under a Minnesota statute forbidding the sale of poison without labeling it "poison", the druggist is liable for damages for the death of the person who purchased from the druggist's clerk the poison which was unlabeled and partook of the poison in ignorance of its deadly qualities. Osborne v. MacMasters, 40 Minn., 103; 41 N. W., 453.

PRESCRIPTIONS, HOW WRITTEN. Section 1420. No practicing physician or surgeon shall write or cause to be written any prescription or receipt in any characters, figures or cipher other than in the English or Latin language, generally in use among medical practitioners; and for every violation hereof the offender shall forfeit not less than five nor more than twenty-five dollars.

(Chapter 66.)

SALE OF INTOXICATING LIQUORS.

PHARMACIST'S PERMIT; FEE; CONDITIONS. Section 1548a. Every town and village board and every common council may, upon written application therefor, grant, to such registered pharmacists as they may deem proper, permits to sell, within their respective towns, villages or cities, strong, spirituous and ardent liquors in quantities less than one gallon for medicinal, mechanical or scientific purposes only, and not to be drank on the premises. The sum to be paid for such permit shall be ten dollars, and it shall be granted and issued in the manner and terminate at the same time as the license provided for in the preceding section (Sec. 1548); but it shall not be necessary for any such pharmacist to furnish the bond required by section 1549. If any such board or council shall refuse to grant any such permit, any registered pharmacist may, nevertheless, sell such liquors for medicinal purposes only on the written prescription, for each sale, of a practicing physician who is competent to testify in a professional capacity as provided in section 1436. It shall be the duty of every pharmacist to whom a permit is issued under the provisions of this section to keep a book in which he shall enter the

date, kind and quantity of every sale of any such liquor made by him, the name of the person to whom it was sold and the purpose for which the sale was made; such book shall at all times be open to the inspection of the board or council which granted the permit. Every such pharmacist shall on the third Tuesday of April in each year, file with the clerk of the town, village or city in which he does business a verified copy of all the entries in such book. Any person who shall make any false statement or representation to any registered pharmacist to whom a permit has been granted or to any of his clerks or employees for the purpose of inducing either of them to sell any liquor for use for any other than medicinal, mechanical or scientific purposes and shall thereby induce a sale thereof to be made in violation of law, or any such pharmacist who shall refuse or neglect to comply with any of the requirements of this section shall be punished by a fine of not less than forty nor more than one hundred dollars, besides the costs of suit, or by imprisonment in the county jail not less than thirty days nor more than ninety days.

NOTE.-Vendor's good faith. Under a statute which permitted druggists to sell liquors for medicinal, mechanical and sacramental purposes only, it has been ruled that "if the druggist acts in good faith in making the sale, he has the right to rely upon the statement made by the purchaser as to the purpose for which the liquor is to be applied; and he has a right to rely upon such statement explicitly unless circumstances or facts known to the druggist show such statement to be false, and are sufficient to satisfy him, acting in good faith and in an honest endeavor to obey the law, that the purpose is not such as is stated by the purchaser." People v. Hinchman, 75 Mich., 587.

Legislative power. The legislature may prohibit the sale of liquors by druggists in quantities less than one quart for medicinal purposes without a prescription. Commonwealth v. Fowler, 96 Ky., 166. See Gray v. Conn., 159 U. S., 74.

NOTE. The pharmacist's permit for the sale of liquor can only be issued to registered pharmacists. In case a proprietor of a drug store is not registered, the permit must be made out in the name of the registered pharmacist clerk in charge of the drug store.

SELLING WITHOUT LICENSE. Section 1550. If any person shall vend, sell, deal or traffic in or, for the purpose of evading the law of this state, give away any spirituous, malt, ardent or intoxicating liquors or drinks in any quantity whatever without first having obtained a license or permit therefor as required by this chapter, he shall be deemed guilty of a misdemeanor and on conviction thereof shall be punished therefor by a fine not less than fifty nor more than one hundred dollars, besides the costs of the suit; or in lieu of such fine by imprisonment in the county jail of the proper county not to exceed six months nor less than three months; and in case of punishment by fine as above provided such person shall, unless the fine and costs be paid forthwith, be committed to the county jail of the proper county until such fine and costs are paid or until discharged by due course of law; in case of a second or any subsequent conviction of the same person during any year the punishment shall be by both such fine and imprisonment.

(Chapter 187.)

SALE OF ADULTERATED ARTICLES; DEFINITIONS. Section 4600. Any person who shall, by himself, his servant or agent, or as the servant or agent of any other person, sell, exchange, deliver or have in his possession with intent to sell, exchange, offer for sale or exchange, any drug or article of food which is adulterated, shall be fined not less than twenty-five dollars nor more than one hundred dollars, or be imprisoned in the county jail not less than thirty days nor more than four months. The term "drug," as used in this section, shall include all medicines for internal or external use, antiseptics, 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.

ADULTERATION, WHAT Is. Section 4601. An article shall be deemed to be adulterated within the meaning of the preceding section:

1. In the case of drugs: First, if when sold under or by a name recognized in the United States Pharmacopoeia it differs from the standard of strength, quality or purity laid down in the latest current edition thereof; second, if when sold under or by a name not recognized in said pharmacopoeia, but which is found in the pharmacopoeia of some other country, the national formulary or other standard work on materia medica, it differs materially from the standard of strength, quality, or purity laid down in the latest current edition of such work; third, if its strength, quality or purity falls below the professed standard under which it is sold.

NOTE. Pharmacopoeia. The reference is to the edition in use when statute enacted: a higher standard required by a later edition will not render a sale unlawful. State v. Emery, 55 Ohio St., 364.

LABEL ON BAKING POWDER. Section 4601b. Any person who shall by himself, his servant or agent or by the servant or agent of any other person, make or manufacture baking powder or any mixture or compound intended for use as a baking powder, or sell, exchange or deliver, or have in his possession with the intent to sell or exchange, or expose or offer for sale or exchange such baking powder, or any mixture or compound intended for use as a baking powder, which contains alum in any form or shape, unless the presence of the same be distinctly shown by a label on the outside and face of which is printed with black ink in legible type, not smaller than brevier heavy Gothic caps, the name and "This baking powresidence of the manufacturer and the words: der contains alum," shall be punished as provided in the preceding section (Sec. 4601a).

LABEL ON POISONOUS MEDICINE. Section 4601c. Any person who shall by himself, his servant or agent or as the servant or agent of any other person, sell, exchange, deliver, or have in his possession with intent to sell or exchange or expose or offer for

sale or exchange any medicine known as patent or proprietary, or of which the formula is kept secret by the manufacturer, which contains morphine, strychnine, cocaine or poisonous or narcotic alkaloid or drug in any quantities which the State Board of Health shall deem harmful to the life or health of the public, unless the presence of the same be distinctly shown by a label upon the bottle or package and upon the outer wrapper thereof, shall be punished as provided in section 4601a.

DISTRIBUTING SAMPLES. Section 4601d. (Amended by Chapter 335, Laws of 1901.) Any person who shall by himself, his servant or agent, or as the servant or agent of any other person, leave, throw or deposit or have in his possession with intent to leave, throw or deposit upon the doorstep or premises owned or occupied by another or who shall deliver to any child under the age of fifteen years, when not accompanied by an adult, any patent or proprietary medicine or any preparation, pill, tablet or drug that contains poison or other ingredients deleterious to health, as a sample or in any quantity whatever for the purpose of advertising or otherwise, shall be deemed guilty of a misdemeanor and be punished as provided in section 4061a.

PRESCRIPTIONS BY INTOXICATED PERSON. Section 4603. Any physician or other person, while in a state of intoxication, who shall prescribe any poison, drug or medicine to another person, shall be punished by imprisonment in the county jail not more than one year or by fine not exceeding five hundred dollars.

DEPOSISTING POISON. Section 4604. Any person who shall deposit any poison or poisonous substance upon the lands or in the building of another person, with intent to injure any person, shall be punished by imprisonment in the county jail not more than ninety days or by fine not exceeding fifty dollars.

OBSTRUCTING FOOD COMMISSIONER. Section 4607h. Any person who shall obstruct the dairy and food commissioner of this state or either of his assistants in the performance of their duty by refusing him entrance to any place he is authorized to enter or by refusing to ueliver to him a sample of any article of food, drink or drug made, sold, offered or exposed for sale by the person to whom request therefor is made, if the value thereof is tendered, shall be punished for the first offense by fine not exceeding twenty-five dollars, and for each subsequent offense by fine not exceeding five hundred dollars nor less than fifty dollars.

TOBACCO.

SALE OF TOBACCO TO MINORS. Section 4608e. Any person who shall sell or give to any minor a cigar, cigarette or other tobacco in any form, after having been forbidden to do so by the parent or guardian of such minor, shall be punished by fine of not more than twenty-five dollars nor less than ten dollars.