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SEC. 2. Every person chosen by a town to be a corder of wood, shall receive for cording and measuring, not exceeding twelve cents per cord, to be paid by the purchaser of such wood.

SEC. 3. If any person shall sell any firewood by the cord in any quantity not well stowed and closely laid together, or shall fraudulently and falsely represent any quantity of firewood by him offered for sale to be a greater quantity, or shall sell the same for a greater quantity, than the same shall actually measure, or shall otherwise commit any fraud in the sale thereof, he shall be fined twenty dollars.

SEC. 4. Every basket used in measuring charcoal brought into any town for sale shall be of the following dimensions, to wit: Nineteen inches in breadth in every part thereof, and seventeen and one half inches deep, measuring from the highest part of the bottom of the basket perpendicularly to a level with the top of the basket.

SEC. 5. Every basket shall be sealed by the sealer of weights and measures of the town where the person so using the same shall usually reside, or of the town where such coal shall be so measured for sale, and shall also be well heaped.

in

SEC. 6. Every person who shall measure charcoal offered for sale any basket of other dimensions than as aforesaid, or not sealed as aforesaid, shall be fined twenty dollars.

SEC. 7. The town councils in the several towns may appoint, as occasion may require, some suitable person or persons to seize and secure, within their respective towns, all baskets used for measuring coal that shall not be of the dimensions aforesaid, and sealed as aforesaid, and may prosecute every person who shall be guilty of any violation of any of the provisions of this chapter; but no person shall be obliged to measure charcoal, where the quantity shall be agreed upon by the buyer and seller.

SEC. 8. Every sealer of weights and measures who shall seal any basket not being of the lawful dimensions, shall be fined twenty dollars.

Size of barrel,

&c.; barrel to be sealed.

Penalty for

sealing falsely.

Penalty for measuring in barrel not sealed.

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SECTION 1. Whenever fish are sold by measure for manure, they shall be measured in a barrel or half barrel; the barrel containing twenty-eight gallons, and the half barrel fourteen gallons; which shall be sealed by a sealer of weights and measures.

SEC. 2. If any sealer of weights and measures shall seal any barrel or half barrel which shall contain a less quantity than prescribed in the next preceding section, he shall be fined fifty dollars.

SEC. 3. If any person shall measure any fish sold by measure, in barrel or half barrel not sealed according to the provisions of this chapter, he shall be fined ten dollars for each offence.

any

SECTION

CHAPTER 118.

OF THE ASSAY AND INSPECTION OF LIQUORS.

1. State inspector and state assayer of liquors, to be appointed annually by governor; they may appoint deputies.

2. Duties of assayer.

3. Fees of assayer and inspector.
4. Liquors to be inspected and assay-
ed before sale.

5. Penalty for selling, &c., liquors
not inspected and assayed, &c.
6. Penalty for selling impure, adul-
terated, &c., liquors.

7. Penalty for selling liquor containing poison or deleterious ingredients.

8. Costs of inspection and assaying, by whom to be paid; how may be recovered.

9. Inspector may enter places where liquor is kept for sale, and take samples; penalty for resisting, &c., inspector.

SECTION

10. Impure and adulterated liquors
and vessels containing same, to

be forfeited. Proceedings to ob-
tain forfeiture.

11. What prima facie evidence of keep-
ing impure or adulterated liq-
⚫uors for sale.

12. Packages of liquors, how to be
stamped by inspector.

13. Penalty on inspector for falsely
branding, &c.

14. Penalty for counterfeiting brand,
&c.

15. Penalty for putting liquor into
branded packages, &c., with
fraudulent intent.

16. Inspector and assayer, not to re-
ceive rewards or gratuities;
penalty upon, for receiving.
17. Inspector to prosecute persons
violating provisions of this chap-

ter.

SECTION 1. The governor shall annually appoint a state inspector and state assayer of liquors, each of whom may appoint as many deputies as may be necessary.

State inspector

and assayer, how appointed.

Duties of as

sayer.

SEC. 2. The assayer, or his deputy, shall analyze all spirituous and intoxicating liquors whenever required by the inspector or by the attorney general, and shall certify the result of such analysis to the officer requiring the same to be made, which certificate shall be evidence, in all proper courts, of the quality of the liquors assayed. SEC. 3. The assayer, or his deputy, shall receive the sum of one Fees of assayer dollar for every such analysis and certificate; and the inspector, or and inspector. his deputy, shall receive the sum of one dollar for every inspection of liquors authorized by this act, together with ten cents per mile for every mile's travel required in the performance of such duty.

inspected and sale.

assayed, before

Penalty for selling, &c., liquors not inspected and assayed.

SEC. 4. No ale, rum, wine, or other strong or spirituous liquors, Liquors to be or malt or mixed intoxicating liquors, shall be kept or offered for sale, or sold in this state, unless the same shall have been inspected by the inspector of liquors or his deputy, and assayed by the assayer or his deputy. SEC. 5. Every person keeping for sale, or offering to sell, or selling, any ale, rum, wine, or other strong or spirituous liquors, or malt or mixed intoxicating liquors, unless the same shall have been inspected and assayed, and the package containing the same shall have been branded and marked as is provided in this chapter, shall be fined not less than one hundred dollars, or be committed to the state work-house and house of correction, not exceeding three months. SEC. 6. Every person keeping for sale, or offering to sell, or selling, any impure or adulterated or mixed liquors, or who shall sell any spirituous or intoxicating liquors of a quality inferior to that

Penalty for selling, &c., impure, adulterated, &c., #liquors.

Penalty for selling liquors containing poison, &c.

Cost of inspec

ing; by whom to be paid; how may be recovered.

which such liquors are represented to be, shall be fined not less than one hundred dollars, nor more than three hundred dollars, or be committed to the state farm not exceeding three months, for the first offence; and upon the second and every subsequent conviction for violating the provisions of this section, shall be both fined and committed to the state work-house and house of correction, as aforesaid. SEC. 7. Every person keeping for sale, or offering to sell, or selling, any adulterated or impure liquors containing any poison or deleterious ingredients injurious to health, shall be fined not less than three hundred dollars, nor more than five hundred dollars, or be committed to the state farm not exceeding six months.

SEC. 8. The person for whom any liquor shall be inspected, or tion and assay- whose liquors shall be assayed, shall pay to the officer making the inspection or assay the costs allowed therefor by this act; and if such costs shall not be paid within twenty-four hours after demand shall be made therefor, the officer entitled to receive the same may sue for and recover the same, with his costs of suit, and, in addition thereto, fifty per centum of the costs of such assay or inspection, together with such reasonable sum as he may have paid for counsel fees, to be allowed by the court before which such action shall be tried.

Inspector may enter places of sale, take samples, &c.;

penalty for resisting, &c.

Impure and adulterated liquors, and vessels containing same to be

forfeited. Proceedings to obtain forfeitures.

What primâ facie evidence of keeping for

sale.

Packages, how to be stamped.

Penalty on inspector, for falsely branding, &c.

SEC. 9. The inspector of liquors and his deputies may, in the execution of the duties of their office, enter any place where liquors are kept for sale, and take samples thereof to be assayed; and every person who shall be convicted of threatening, resisting, or obstructing any such inspector or deputy inspector, when in the execution of the duties of his office, shall be fined not exceeding five hundred dollars, or be imprisoned not exceeding one year.

SEC. 10. In addition to the penalties hereinbefore provided for keeping, or for offering for sale, or for selling, impure or adulterated liquors, all such liquors, and the casks, barrels, or other vessels containing the same, shall be forfeited to the state, and a warrant for their seizure may issue upon complaint for keeping for sale, selling, or offering for sale, any liquors in violation of the provisions of this chapter, if such complaint shall charge that the offender kept such adulterated or impure liquors for sale, or that he keeps such liquors and intends to sell the same without having the same inspected and assayed as is herein provided; and the officer charged with the service of any such warrant, in addition to apprehending such offender, shall search the premises and seize the liquors in such warrant described, and hold such liquors to abide the event of the suit, and if the accused shall be found guilty, the said liquors, if they shall be found to be his, shall be adjudged to be forfeited to the state, and be ordered to be destroyed, under the direction of the court before which the offender shall be tried; otherwise, the officer having the custody of such liquors shall return them to the place from which he took the same.

SEC. 11. The having in possession in a place of business or in any place, building, or dwelling where liquors are sold, of one gallon or upwards of impure or adulterated liquors, shall be primâ facie evidence that such liquors are kept for sale by the person in whose possession such impure or adulterated liquors may be found.

SEC. 12. The inspector of liquors, or his deputy, shall brand or stamp the words, "Inspected and Assayed," with the date of the inspection and the initials of the inspector, on every package of liquors by him inspected, and which has been assayed.

SEC. 13. Every inspector, or his deputy, who shall brand or stamp any package of liquors as having been inspected or assayed, and which

shall not have been inspected or assayed, or which, having been inspected and assayed, shall, at the time the same was so inspected and assayed, have been found to be impure or adulterated, shall be imprisoned three months.

SEC. 14. Every person who, without being an inspector of liquors, Penalty for shall use, or fraudulently imitate the brand or stamp of the inspector counterfeiting brand, &c. of liquors, shall be deemed to be guilty of forgery, and shall be punished as for forgery.

SEC. 15. Every person who shall put, or cause to be put, any liquor Penalty for as aforesaid into any cask, barrel, or other package bearing the brand putting liquor into branded or stamp of the inspector of liquors, without having first erased such packages, &c., marks, with the design of evading any provision of this chapter, shall fraudulently. be imprisoned for three months. SEC. 16. No inspector or assayer, or deputy inspector or assayer Rewards or of liquors, shall accept any reward or gratuity while in office from gratuities to any person in any way engaged in selling liquors; and every such in- inspectors or spector or assayer, or deputy inspector or assayer, who shall accept hibited. any such reward or gratuity, shall be fined not less than one hundred dollars, or be imprisoned not less than three months.

assayers pro

SEC. 17. The inspector of liquors shall prosecute every person Inspector, violating any of the provisions of this chapter.

who to prosecute.

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SECTION 1. No person, unless a registered pharmacist, or registered assistant pharmacist in the employ of a registered pharmacist, or unless acting as an aid under the immediate supervision of a registered pharmacist, or a registered assistant pharmacist, within the meaning of this chapter, shall retail, compound, or dispense medicines or poisons, except as hereinafter provided.

SEC. 2. Every person, in order to be a registered pharmacist or a registered assistant pharmacist, within the meaning of this chapter, shall be either a graduate in pharmacy, a practising pharmacist, or a practising assistant in pharmacy. Graduates in pharmacy shall be such as have obtained a diploma from a regularly incorporated college of pharmacy, and shall have presented satisfactory evidence of their

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Practising pharmacist, who.

Practising assistant in phar

macy, who.

State board of

pharmacy, how appointed, and duties of.

Of examination, registration, and certifi

cates; and fees

for.

qualifications to the state board of pharmacy. A practising pharmacist shall be deemed to be a person, who, on the 24th day of March, A. D. 1871, kept, and continued thereafter to keep an open shop for compounding and dispensing the prescriptions of medical practitioners, and for the retailing of drugs and medicines, and who shall give to the state board of pharmacy satisfactory evidence of his qualifications, and shall have declared his intentions in writing of keeping open shop for the compounding of prescriptions and the retailing of drugs and medicines; and such other persons as shall have given to the state board of pharmacy satisfactory evidence of their qualifications, and shall have declared their intentions in writing of keeping open shop for the compounding of prescriptions, and the retailing of drugs and medicines. A practising assistant in pharmacy shall be deemed to be a person who shall have served three years' apprenticeship in a shop where the prescriptions of medical practitioners are compounded, and shall have passed a satisfactory examination before the state board of pharmacy.

SEC. 3. The state board of pharmacy shall consist of seven persons, to be appointed by the governor from the registered pharmacists of the state, and shall hold office for the term of three years, and until their successors are appointed. The members of the pharmaceutical board of the state, appointed by the governor, shall constitute, for the term for which they were appointed, the state board of pharmacy, within the meaning of this chapter. On the first of July, A. D. 1873, and in every third year thereafter, the governor shall appoint the state board of pharmacy; and in case of vacancy at any time, arising from resignation, death, or removal from the state, the governor shall have power to fill such vacancy from the registered pharmacists of the state. Four members of said board shall constitute a quorum. Said board shall organize by the election of a president and secretary; both of whom shall sign all certificates and other official documents. Said board shall meet twice a year, and shall have power to make by-laws and all necessary regulations, not repugnant to law, for the proper fulfilment of their duties. The secretary of said board shall also be registrar of pharmacists. The duties of said board shall be, to examine all applicants for registration; to direct the registration by the registrar of all persons properly qualified or entitled thereto, and report annually to the general assembly on the condition of pharmacy, together with the names of all registered pharmacists and assistant pharmacists. The duties of the registrar of pharmacists shall be, to keep a book in which shall be entered, under the supervision of the state board of pharmacy, the name and place of business of every person who shall apply for registration. The registrar shall note the fact against the name of any registered pharmacist, or assistant pharmacist, who may have died or removed from the state, or disposed of or relinquished his business, and shall make all necessary alterations in the location of persons registered under this chapter.

SEC. 4. Every person applying for examination and registration shall pay to the state board of pharmacy ten dollars, and on passing the examination required, shall be furnished, free of expense, with a certificate of registration. Every registered assistant pharmacist may, with the consent of said board, be entitled to registration as a registered pharmacist, and shall be furnished with a certificate of registration, for which certificate he shall pay the registrar one dollar. Every certificate, issued by said board, shall be renewed annually, for which renewal one dollar shall be paid to the registrar. The fees received

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