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tiates of other boards, who shall apply for registration; and, by every applicant for registration by examination, shall be paid the sum of five dollars: Provided, that in case of the failure of any applicant to pass a satisfactory examination, his money shall be refunded.

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*10. Annual registration fee. § 10. Every registered pharmacist, who desires to continue the practice of his profession shall, annually thereafter, during the time he shall continue in such practice, on such date as the board of pharmacy may determine, pay to the secretary of the said board a registration fee, to be fixed by the board, but which shall in no case exceed two dollars, for which he shall receive a renewal of said registration. Every certificate of registration, granted under this act, shall be conspicuously exposed in the pharmacy to which it applies. *11. Officers — report — duties-fees - per diem allow§ 11. The secretary of the board shall receive a salary which shall be fixed by the board; he shall also receive his traveling and other expenses incurred in the performance of his official duties. The other members of the board shall receive the sum of five dollars for each day actually engaged in this service, and all legitimate and necessary expenses incurred in attending the meetings of said board. Said expenses shall be paid from the fees and penalties received by the board under the provisions of this act, and no part of the salary or other expenses of the board shall be paid out of the State treasury. All moneys received in excess of said per diem allowance and other expenses above provided for, shall be held by the secretary as a special fund for meeting the ex. penses of said board, he giving such bonds as the board shall, from time to time, direct. The board shall, in its annual report to the governor, and to the Illinois Pharmaceutical Association, render an account of all moneys received and disbursed by them pursuant to this act.

*12. None but registered pharmacist to dispense — penalty. § 12. Any person not being, or having in his employ, a registered pharmacist within the meaning of this act, who shall, sixty days after this act takes effect, keep a pharmacy or store for retailing or compounding 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 of fifty dollars. Any registered pharmacist 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 except by a “registered assistant" pharmacist or any pharmacist or "registered assistant "who, while

continuing in business, shall fail or neglect to procure his annual regis tration, or any person who shall willfully make any false representation to procure registration for himself or any other person, shall, for every such offense, be liable to a penalty of fifty dollars: Provided, that nothing in this act shall apply to, nor in any manner interfere with the business of any physician, or prevent him from supplying to his patients such articles as may seem to him proper, nor with the making or vending of patent or proprietary medicines, or medicines placed in sealed packages with the name of the contents and of the pharmacist or physician by whom prepared or compounded, nor with the sale of the usual domestic remedies by retail dealers, nor with the exclusively wholesale business of any dealers, except as hereinafter provided: and, provided, further that no part of this section shall be so construed as to give the right to any physician to furnish any intoxicating liquor as a beverage, on pre. scription or otherwise.

*13. Penalty for adulteration. 13. No person shall add to or remove from any drug, medicine, chemical or pharmaceutical preparation, any ingredient or material for the purpose of adulteration or substitution, or which shall deteriorate the quality, commercial value or medicinal effect, or which shall alter the nature or composition of such drug, medicine, chemical or pharmaceutical preparation, so that it will not correspond to the recognized tests of identity or purity. Any person who shall thus willfully adulterate or alter, or cause to be adulterated or altered, or shall sell or offer for sale any such adulterated or altered drug, medicine, chemical or pharmaceutical preparation, or any person who shall substitute or cause to be substituted one material for another, with the intention to defraud or deceive the purchaser, shall be guilty of a misdemeanor, and be liable to prosecution under this act. If convicted, he shall be liable to all the costs of the action and all expenses incurred by the board of pharmacy, in connection therewith, and, for the first offense, be liable to a fine of not less than fifty dollars nor more than one hundred dollars; and, for each subsequent offense, a fine of not less than seventy-five, nor more than one hundred and fifty dollars. On complaint being entered, the board of pharmacy is hereby empowered to employ an analyst or chemist expert, whose duty it shall be to examine into the socalled adulteration, substitution or alteration, and report upon the result of his investigation ; and if said report justify such action, the board shall duly cause the prosecution of the offender, as provided in this law.

*14. Selling poison without marking--penalty. §14. No

person shall sell at retail any poisons, commonly recognized as such, and especially aconite, arsenic, belladonna, biniodide of mercury, carbolic acid, chlora hydrate, chloroform, conium, corrosive sublimate, creosote, croton oil, cyanide of potassium, digitalis, hydrocyanic acid, laudanum, morphine, nux vomica, oil of bitter almonds, opium, oxalic acid, strych. nine sugar of lead, sulphate of zinc, white precipitate, red precipitate, without affixing to the box, bottle, vessel, or package containing the same, and to the wrapper or cover thereof, a label bearing the name of the article, and the word "poison" distinctly shown, with the name and place of business of the seller: who shall not deliver any of said poisons to any person under the age of fifteen years; nor shall he deliver any of said poisons to any person, without satisfying himself that such poison is to be used for a legitimate purpose: Provided, that nothing herein contained shall apply to the dispensing of physicians' prescriptions of any of the poisons or articles aforesaid. Any person failing to comply with the requirements of this section shall be liable to a penalty of five dollars for each and every such offense.

*15. Suits-how brought-penalty-proceeds. § 15. All suits for the recovery of the several penalties prescribed in this act shall be prosecuted in the name of the "People of the State of Illinois,” in any court having jurisdiction; and it shall be the duty of the State's attorney of the county where such offense is committed to prosecute all persons violating the provisions of this act, upon proper complaint being made. All penalties, collected under the provisions of this act shall inure one-half to the board of pharmacy, and the remainder to the school fund of the county in which the suit was prosecuted and judgment obtained.

Chapter 109.

PLATS.

SECTION

[*771]

SECTION

1. Laying out towns, etc.

Of part of plat.

2. Certificate of surveyor-acknowledg-3 Canceling plat of record.

ment-record.

3. Dedication-effect of.

4.

Neglect to plant corner stone, etc.

5. Penalty for selling without plat recorded, etc.

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AN ACT to revise the law in relation to plats. [Approved March 21, 1874. In force

July 1, 1874.]

1. Laying out towns, etc. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: Whenever the owner of lands shall wish to subdivide the same into two or more parts for the purpose of laying out a town, or making any addition to any city, village or town, or of re-subdividing any lots or blocks therein, he shall cause the same to be surveyed and a plat thereof to be made by the county surveyor or some other competent surveyor, which plat shall particularly describe and set forth all the streets, alleys, common or public grounds, and all the in and out lots or fractional lots or blocks within, adjoining or adjacent to the land so divided, giving the names, widths, courses and extent of all such streets and alleys, and numbering all lots and blocks by progressive numbers, giving their precise length and width. Reference shall also be made upon the plat to some known and permanent monument from which future surveys may be made, or, if no such monument shall exist within convenient distance, the surveyor shall, at the time of making his survey, plant, and fix in such manner that the same shall not be moved by frost, at the corner of some public ground, or, if there be none, then at the corner of some lot or block most convenient for reference, a good and sufficient stone, to be furnished by the person for whom the survey is made, and designate upon the plat the point where the same may be found.

[R, S. 1845. P. 115, 88 17, 18, 19; Lull v. City of Chicago, 68 Ill. 518; Gebhardt v. Reeves, 75 Ill. 301; Deery v. Cray, 10 Wall. (U. S.) 263; Zearing v. Raber, 74 III. 409; I. C. R. R. Co. v. I. & I. C. Ry. Co., 85 Ill. 212.

2. Certificate of surveyor-acknowledgment-record. § 2. The plat having been completed, shall be certified by the surveyor and acknowledged by the owner of the land, or his attorney duly authorized, in the same manner as deeds of land are required to be acknowledged. The certificate of the surveyor and of acknowledgment, together with the plat, shall be recorded in the recorder's office of the county in which the land is situated, and such acknowledgment and record shall

have like effect and certified copies thereof and of such plat or of any plat heretofore acknowledged and certified according to law, may be used in evidence to the same extent and with like effect, as in case of deeds. [R. S. 1845, p. 115, § 20.

3. Dedication-effect of. 3. The acknowledgment and recording of such plat shall be held in law and in equity to be a conveyance in fee simple of such portions of the premises platted as are marked or noted on such plat as donated or granted to the public, or any person, religious society, corporation or body politic, and as a general warranty against the donor, his heirs and representatives to such donee [*772] or grantee for their use or for the use and purposes therein named or intended, and for no other use or purpose. And the premises intended for any street, alley, way, common or other public use in any city, village or town, or addition thereto, shall be held in the corporate name thereof in trust to and for the uses and purposes set forth or intended.

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[R. S. 1845, P. 115, § 21; Town of Princeton v. Templeton, 71 Ill. 68; City of Chicago v. Wright, 69 Ill. 318: Village of Princeville v. Auten, 77 Ill. 325; C., R I. & P. R. R. Co. v. City of Joliet, 79 Ill. 25; Zearing v. Raber, 74 III. 409; Trustees v. Havens, 1 Ill. 554; Hunter v Middleton, 13 I. 50: Manly v. Gibson, 13 Ill. 308; Leech v Waugh, 24 III. 229; Stephani v. Brown, 40 Ill. 428; I. B. & W. R. Co. v. Hartley, 67 I. 439; St. John v. Quitzow, 72 Ill. 334; Gebhardt v. Reeves, 75 III. 301 ; Chicago v. McGinn, 51 I. 272; McWilliams v. Morgan, 61 l. 89; Belleville v. Stookey, 23 Ill. 441; Godfrey v. City of Alton, 12 Ill. 29; Marcy v. Taylor, 19 Ill. 634; Kelly v. Chicago, 48 Ill 388; McIntyre v. Storey, 80 Ill. 127; Waugh v. Leech, 28 Ill. 488: Jacksonville v. J. Ry. Co., 67 Ill. 540; Moses v. P. & F. W. & C. R. R. Co. 21 Ill. 516; Murphy v. Chicago, 29 Ill. 279; Kellinger v. R R. Co.. 50 N. Y. 20 Gridley v. Hopkins, 84 Ill. 523; I. C. R. R. Co v. 1. & I. C. Ry. Co., 85 Ill. 212.

4. Neglect to plant corner-stone, etc. §4. Whoever shall lay out any town or make any addition to any city, village or town, or re-subdivide any lots or blocks therein, and neglect to plant any corner stone when required by this act, or shall survey the same or cause it to be surveyed in any other manner than that which is prescribed in this act, shall be fined in any sum not less than 25 nor exceeding $100. [R. S. 1845, p. 116, § 24.

5. Penalty for selling without plat recorded, etc. $5. Whoever shall sell or offer for sale, or lease for any time exceeding five years, any lot or block in any town, city or village, or any addition thereto, or any re-subdivision of any lot or block therein, before all the requisitions of this act have been complied with, shall be fined $25 for each lot or block or part thereof so disposed of, offered for sale or leased. [R. S. 1845, p. 116, $ 25.

VACATION OF PLATS.

6. Of the whole plat. $6. Any such plat may be vacated by the owner of the premises at any time before the sale of any lot therein, by a written instrument declaring the same to be vacated, executed, ac knowledged or proved, and recorded in like manner as deeds of land; which declaration being duly recorded, shall operate to destroy the force and effect of the recording of the plat so vacated, and to divest all public rights in the streets, alleys and public grounds, and all dedications

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