shall also receive his traveling and other expenses incurred in the performance of his official duties. The other members of said board shall receive the sum of five dollars for each day actually engaged in such service, and all the legitimate and necessary expenses incurred in attending the meetings of said boards. Said expenses shall be paid from the fees and penalties received by said board under the provisions of this act, and no part of the salary or other expenses of said board shall be paid out of the public treasury. All moneys received by said board, in excess of said allowances and other expenses hereinbefore provided for, shall be held by the secretary of said board as a special fund for meeting the expenses of said board; said secretary giving such bonds as the said board shall from time to time direct and approve. The said board shall, in its annual report to the governor and to the Dakota pharmaceutical association, render an account of all moneys received and disbursed by them pursuant to this act.
Penalty for failure to comply with laws-Exceptions.s. 12, c. 121, 1887.
§ 228. Any person not being or not having in his employ a registered pharmacist, within the full meaning of this act, who shall retail, compound, or dispense medicines, or who shall take, use or exhibit the title of a registered pharmacist, shall for each and every such offense be liable to a penalty not to exceed fifty dollars. Any registered pharmacist or other person who shall permit the compounding and dispensing of prescriptions, or the vending of drugs, medicines or poisons in his store or place of business, except under the supervision of a registered pharmacist, or any pharmacist who, while continuing in business, shall fail or neglect to procure his annual registration, or any person who shall willfully make any false representations to procure registration for himself or any other person, or who shall violate any other provision of this act, shall for each and every such offense be liable to a penalty not to exceed fifty dollars; provided, that nothing in this act shall in any manner interfere with the business of any physician in regular practice, or prevent him from supplying his patients such articles as may seem to him proper, nor with the making of proprietary medicine, or medicines placed in sealed packages with the name of the contents and of the pharmacist or physician by whom prepared or compounded, nor prevent shopkeepers from dealing in and selling the commonly used medicines and poisons, if such medicines and poisons are put up by a registered pharmacist, or from dealing in and selling of patent or proprietary medicines, nor with the exclusive wholesale business of any dealers except as hereinbefore provided.
Adulteration of drugs, etc., penalty.s. 13, c. 121, 1887.
§ 229. Every proprietor or conductor of a drug store shall be held responsible for the quality of all drugs, chemicals and medicines sold or dispensed by him, except those sold in the original package of the manufacturer, and except those articles or preparations known as patent or proprietary medicines. Any person who shall knowingly, willfully or fraudulently falsify or adulterate, or cause to be falsified or adulterated, any drug or medicinal substance, or any preparation authorized or recognized by any standard work on pharmacy, or used or intended to be used in medical practice; or shall mix or cause to be mixed with any such drug or medicinal substance any foreign or inert substance whatsoever for the purpose of destroying or weakening its medicinal power and effect, or of lessening its cost, and shall willfully and knowingly or fraudulently sell or cause the same
84
