And provided further, That all actual settlers now residing upon the lands herein before mentioned shall be permitted to make the final proof now required by law, and receive their patents at the expiration of five years from the date of their actual settlement. SEC. 2. That this act shall not include any lands embraced in the confirmatory act approved January thirty-first, eighteen hundred and sev. enty-three, entitled "An act to quiet title to certain lands in the State of Iowa." [June 15, 1878.] Not to include certain lands. 1873, ch. 83 (17 Stat. L., 421). CHAPTER 213. AN ACT FOR THE PRESERVATION OF GAME AND PROTECTION OF BIRDS IN THE DIS- [SECTION 1], That no person shall kill or expose for sale, or have in either his or her possession, either dead or alive, any partridge otherwise quail, between the first day of February and the first day of November, under a penalty of five dollars for each bird so killed or in possession. SEC. 2. That no person shall kill or expose for sale, or have in his or her possession, either dead or alive, any pheasant, otherwise ruffed grouse, between the first day of February and the first day of August, under a penalty of five dollars for each bird so killed or in possession. SEC. 3. That no person shall kill or expose for sale, or have in his or her possession, either dead or alive, any woodcock, between the first day of February and the first day of July, under a penalty of five dol lars for each bird so killed or in possession. SEC. 4. That no person shall kill or expose for sale, or have in his or her possession, either dead or alive, any prairie-chicken, otherwise pinnated grouse, between the first day of February and the first day of September under a penalty of five dollars for each bird so killed or in possession. SEC. 5. That no person shall kill or expose for sale, or have in his or her possession, either dead or alive, any snipe, or plover, between the first day of May and the first day of September, under a penalty of five dollars for each bird so killed or in possession June 15, 1878. 20 Stat. L., 134. Penalties for killing at certain periods in District of Columbia ofQuail. Pheasant. Woodcock. Prairie-chicken. Snipe, or plover. Ducks, geese, Water-rails, SEC. 6. That no person shall kill or expose for sale, or have in his or her possession, either dead or alive, any wild duck, wild goose, or wild and brandt. brandt, between the first day of April and the first day of September, under a penalty of five dollars for each bird so killed on [or] in possession. SEC. 7. That no person shall kill or expose for sale, or have in his or her possession, either dead or alive, any water-rail, or ortolan, or reed- reed-birds, and or bird, or rice-bird, between the first day of February and the first day of September, under a penalty of two dollars for each bird so killed or in possession. SEC. 8. That no person shall expose for sale or have in his or her possession, any deer-meat, or venison, between the first day of January and the fifteenth day of August, under a penalty of twenty cents for each and every pound of deer-meat so exposed for sale or had in possession. tolan. Venison. Certain birds not time. SEC. 9. That no person shall kill or expose for sale, or have in his or to be killed at any her possession, dead, at any time any turkey-buzzard, wren, sparrow, blue-bird, humming bird, blue jay, robin or migratory thrush, wood or song robin, martin, mocking-bird, swallow, oriole, red or cardinal bird, cat-bird, pewit, whip-poor-will, gold-finch, sap-sucker, hanging-bird, wood-pecker, crow black-bird, or any other insectivorous bird, save as herein provided, under a penalty of two dollars for each bird killed or in possesssion dead. Robbing, &c., wild birds' nests. Trapping wild birds. Killing wild ducks, &c., with certain guns prohibited. - birds at night. -birds for scientific purposes. Trespassing on hunting. SEC. 10. That no person shall rob the nest of any wild bird of eggs or young, or destroy such nest, unless in the necessary prosecution of farming business, under a penalty of two dollars for each egg or bird so taken, and under a penalty of five dollars for each nest destroyed. SEC. 11. That no person shall trap, net, or ensnare any wild bird or water-fowl, or have in possession any trap, net, or snare, with the intent to capture or kill any wild bird or water-fowl, under a penalty of five dollars for every bird or water-fowl so trapped, netted, or ensnared, and under a further penalty of twenty dollars for having in possession any such net, trap, or snare; and such net, trap, or snare shall be forfeited and destroyed SEC. 12. That no person shall at any time kill or shoot at any wild duck, wild goose, or wild brandt with any other gun than such as are habitually raised at arm's length and fired from the shoulder, under a penalty of five dollars for each and every wild fowl so killed, and under the further penalty of twenty-five dollars for firing such gun at any wild fowl as aforesaid, or having said gun in possession. SEC. 13. That no person shall kill or shoot at any bird or wild fowin the night-time, under a penalty of twenty-five dollars for every bird or wild fowl so killed, and under the further penalty of ten dollars for shooting at any bird or wild fowl in the night-time as aforesaid. SEC. 14. That persons in killing birds for scientific purposes, or in possession of them for breeding, shall be exempt from the operations of this act by proving affirmatively such purposes; and the possession shall in all cases be presumptive evidence of unlawful purpose. SEC. 15. That any person who shall knowingly trespass on the lands another's lands in of another for the purpose of shooting or hunting thereon, after due notice, or notice as provided for in the following section, by the owner or occupant of lands, shall be liable to such owner or occupant in exemplary damages to an amount not exceeding one hundred dollars, and shall also be liable to a fine of ten dollars for each and every trespass so committed. Notice to trespassers. Destroying signboards, &c. Shooting or car rying gun on Sunday. Repeal. The possession of implements of shooting on such lands shall be presumptive evidence of the trespass. SEC. 16. That the notice referred to in the preceding section shall be given by erecting and maintaining sign-boards at least eight by twelve inches in dimension, on the borders of the premises, and at least two such signs for every fifty acres; And any person who shall maliciously tear down or in any [any] manner deface or injure any of such sign-boards shall be liable to a penalty of not less than five dollars nor more than twenty-five dollars for each and every sign-board so torn down, defaced or injured. SEC. 17. That there shall be no shooting, or having in possession in the open air the implements for shooting, on the first day of the week, called Sunday; And any person violating the provisions of this section shall be liable to a penalty of not more than twenty-five dollars nor less than ten dollars for each offense. SEC. 18. That all acts or parts of acts now in force in the District of Columbia, inconsistent with the provisions of this act be, and the same are hereby, repealed. [June 15, 1878.] CHAPTER 215. AN ACT TO REGULATE THE PRACTICE OF PHARMACY IN THE DISTRICT OF COLUMBIA. June 15, 1878. 20 Stat. L., 137. In District of Co [SECTION 1], That from and after the passage of this act, it shall be unlawful for any person, not a registered pharmacist within the mean- lumbia, unregis ing of this act, to conduct any pharmacy or store for the purpose of retered persons_not to conduct phartailing, compounding, or dispensing medicines or poisons, for medical macies, use, in the District of Columbia, except as hereinafter provided. SEC. 2. That it shall be unlawful for the proprietor of any store or Proprietors of pharmacy to allow any person, except a registered pharmacist, to com- stores, &c., not to pound or dispense the prescriptions of physicians, or to retail or dis- allow unregistered pharmacists to pense poisons for medical use, except as an aid to, and under the imme- compound, &c. diate supervision of, a registered pharmacist. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be liable to a fine of not less than twenty-five dollars nor more than one hundred dollars for each and every such offense. Commissioners SEC. 3. That immediately after the passage of this act, and biennially thereafter, or as often as necessary, the Commissioners of the Dis- of pharmacy to be trict of Columbia shall appoint three pharmacists and two physicians, appointed. all of whom shall have been residents of the District of Columbia for five years and of at least five years' practical experience in their respective professions, who shall be known and styled as Commissioners of Pharmacy for the District of Columbia, who shall serve without compensation, and who shall hold office for two years, and until their successors are appointed and qualified. Said commissioners shall, within thirty days after the notification of —to take oath. their appointment, each take and subscribe to an oath to impartially and faithfully discharge their duties as prescribed by this act. The position of any commissioner who shall fail to so qualify within -vacancies; how the time named shall be vacant, and the vacancy or vacancies so occur- filled, &c. ring, or any vacancy or vacancies that may occur, shall be filled by the Commissioners of the District of Columbia. to keep register SEC. 4. That the commissioners of pharmacy shall keep a book of reg. istration open at some convenient place within the city of Washington, of pharmacists, of which due notice shall be given through the public press, and shall &c. record therein the name and place of business of every person registered under this act. It shall be the duty of said commissioners of pharmacy to register, to register existwithout examination, as registered pharmacists, all pharmacists and ing druggists, &c., without examinadruggists who are engaged in business in the District of Columbia at tion. the passage of this act as owners or principals of stores of pharmacies for selling at retail, compounding, or dispensing drugs, medicines, or chemicals for medicinal use, or for compounding and dispensing physicians' prescriptions, and all assistant pharmacists, twenty-one years of age, engaged in said stores or pharmacies in the District of Columbia at the passage of this act, and who have been engaged as such in some store or pharmacy where physicians, prescriptions were compounded and dispensed for not less than five years prior to the passage of this act: Provided, however, That in case of failure or neglect on the part of any such person or persons to present themselves for registration within sixty days after said public notice, they shall undergo an examination such as is provided for in section five of this act. Commissioners SEC. 5. That the said commissioners of pharmacy shall, upon applicaof pharmacy to tion and at such time and place as they may determine, examine each examine appli- and every person who shall desire to conduct the business of selling at cants and register such as are found retail, compounding, or dispensing drugs, medicines, or chemicals for medicinal use, or compounding and dispensing physicians' prescriptions within the District of Columbia as pharmacists; competent. Age and previous service, &c., of applicants. Graduates in And if a majority of said commissioners shall be satisfied that said person is competent and fully qualified to conduct said business of compounding or dispensing drugs, medicines, or chemicals for medicinal use, or to compound and dispense physicians' prescriptions, they shall enter the name of such person as a registered pharmacist in the book provided for in section four of this act. SEC. 6. That no person shall be entitled to an examination by said commissioners of pharmacy for registration as pharmacist unless he present satisfactory evidence of being twenty-one years of age, and having served not less than four years in a store or pharmacy where physicians' prescriptions were compounded and dispensed, or is a graduate of some respectable medical college or university. SEC. 7. That all graduates in pharmacy having a diploma from an inpharmacy may be corporated college or school of pharmacy that requires a practical experegistered. rience in pharmacy of not less than four years before granting a diploma shall be entitled to have their names registered as pharmacists by said commissioners of pharmacy. Registry fees. Re-examina tion. Application of fees. SEC. 8. That the commissioners of pharmacy shall be entitled to de. mand and receive from each person whom they register as pharmacists, without examination, the sum of three dollars, and from each person whom they examine the sum of ten dollars. And in case the examination of said person should prove defective and unsatisfactory, and his name not be registered, he shall be permitted to present himself for re examination within any period not exceeding twelve months next thereafter, and no charge shall be made for such re-examination. The money received under the provisions of this section shall be applied to payment of such expenses as the commissioners may incur in executing the provisions of this act. Responsibility of SEC. 9. Every registered pharmacist shall be held responsible for the pharmacists for quality of all drugs, chemicals, and medicines he may sell or dispense, adulterations, &c. with the exception of those sold in the original packages of the manu facturer, and also those known as "patent medicines"; And should he knowingly, intentionally, and fraudulently adulterate, or cause to be adulterated, such drugs, chemicals, or medical preparations, he shall be deemed guilty of a misdemeanor, and, upon conviction thereof, be liable to a penalty not exceeding one hundred dollars, and, in addition thereto, his name shall be stricken from the register. Certain poisons SEC. 10. It shall be unlawful for any person, from and after the pas not to be retailed without affixing age of this act, to retail any poisons enumerated in Schedules A and B, as follows, to wit: labels. Opium and its preparations, except paragoric and other preparations of opium containing less than two grains to the ounce; Without distinctly labeling the box, vessel, or paper in which the said poison is contained, and also the outside wrapper or cover, with the name of the article, the word "poison", and the name and place of business of the seller. Nor shall it be lawful for any person to sell or deliver any poisons Sales not to be enumerated in Schedules A and B, unless, upon due inquiry, it be found made without that the purchaser is aware of its poisonous character, and represents &c. making inquiry, that it is to be used for a legitimate purpose. spection. Nor shall it be lawful for any registered pharmacist to sell any poisons Entry of sales to included in Schedule A without, before delivering the same to the pur- be made in books chaser, causing an entry to be made, in a book kept for that purpose, always open to instating the date of sale, the name and address of the purchaser, the name and quality of the poison sold, the purpose for which it is represented by the purchaser to be required, and the name of the dispenser; such book to be always open for inspection by the proper authorities, and to be preserved for reference for at least five years. Restrictions not The provisions of this section shall not apply to the dispensing of poisons, in not unusual quantities or doses, upon the prescriptions of to apply to medipractitioners of medicine. cal prescriptions, &c. Nor shall it be lawful for any licensed or registered druggist or phar- Druggists not to macist in the District of Columbia to retail, or sell, or give away any sell or give away alcoholic liquors or compounds, as a beverage, to be drunk or consumed alcoholic liquors as upon the premises. And any violation of the provisions of this section shall make the owner or principal of said store or pharmacy liable to a fine of not less than twenty-five and not more than one hundred dollars, to be collected in the usual manner. beverages, &c.. Itinerant vend SEC. 11. Any itinerant vender of any drug, nostrum, ointment, or appliance of any kind, intended for the treatment of diseases or injury, or ers of drugs, noswho shall, by writing, or printing, or any other method, publicly profess trums, &c., to pay to care or treat diseases, injury, or deformity, by any drug, nostrum, manipulation, or other expedient, shall pay a license of two hundred dollars per annum into the treasury of the District of Columbia, to be collected in the usual way. SEC. 12. That any person who shall procure or attempt to procure Penalty for false registration for himself or for another under this act, by making or caus- representations. ing to be made any false representation, shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof, be liable to a penalty of not less than twenty-five nor more than one hundred dollars, and the name of the person so fraudulently registered shall be stricken from the register. Any person, not a registered pharmacist as provided for in this act, for conducting who shall conduct a store, pharmacy, or place for retailing, compound pharmacy without registry. ing, or dispensing drugs, medicines, or chemicals, for medicinal use, or for compounding or dispensing physicians' prescriptions, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be liable to a penalty of not less than fifty dollars. |