have full and complete management and control over all asylums for the insane and feeble-minded institutes of the Commonwealth of Kentucky that are now or may be hereafter established. Said Board shall prescribe rules and regulations for the government of said institutions, for the proper maintenance and treatment of patients, for the preservation of buildings and grounds, for the use and cultivation of farms. and gardens, and the sale of surplus produce, the purchase of clothing, food, medicine and all supplies needful to same, and such rules and regulations as prescribed shall be faithfully observed by all the officers and employes of said institution, and have power to remove inmates from one asylum to another. And the said Board shall have power to expend in their discretion any surplus standing to the credit of said institutions from time to time, in carrying out the purposes of this act; and in so doing they may use such surplus at any of the institutions under their control without reference to the fact that such surplus may have arisen at another institution.'

3. In as much as the interests of the charitable institutions of the State require that prompt action be had in the organization of the Commission having control of them, an emergency is declared to exist, and this act shall take effect from its passage. Approved March 21, 1908.

Emergency.

Duty of per

sons.

CHAPTER 29.

AN ACT to amend Section 2630 and 2635a of the Kentucky Statutes edited by the Hon. John D. Carroll and the edition of 1903 relating to the sale of drugs.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

$1. That section 2630 and 2635a of the Kentucky Statutes edited by the Hon. John D. Carroll, and the edition of 1903, be amended so that the same as amended shall read as follows:

6

"§ 2630. No person shall sell at retail any poisons, son selling poi- except as herein provided, without affixing to the bottle, box, vessel or package containing same, a label printed or plainly written, containing the name of the article, the word "poison," and the name and place of the business of the seller, with the common name of two or more readily accessible antidotes, nor shall he deliver poison to any person without satisfying himself that such poison is to be used for legitimate purposes. A poison, in the meaning of this act, shall be any drug, chemical, or preparation which, according to standard works on medicine or materia medica is liable to be destructive to adult human life in quantities of sixty grains or less. It shall be the further duty of any one selling or dispensing poisons, which are known to be destructive to adult human life in quantities of five grains or less, before delivering kept registering them, to enter in a book kept for that purpose the name of the seller, the name and residence of the buyer, the name of the article, the quantity sold or disposed of, and the purpose for which it is said to be intended, which book of registry shall be preserve l for at least two years after the date of the last entry made therein and shall at all times be open to the in

Book to be

sale, &c.

spection of the coroner of the county in which the same may be kept, and to the inspection of the members of the Kentucky Board of Pharmacy, or its authorized inspectors.

scribed.

The following emmenagogues or abortives, tansy, Penalty prepennyroyal, rue, savin, ergot, cotton root and their preparations, patent or otherwise shall be sold only at retail or dispensed only upon the original written prescription of a legally qualified physician, and said prescription shall be filled but once, and of which no copy shall be taken by any person. The provisions of this section shall not apply to the dispensing of poisons in not unusual quantities, or doses, on physician's prescriptions, nor to the sale to agriculturists or horticulturists of such articles as are commonly used by them as insectcides. Every person failing to comply with the requirements of this section shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall pay a fine of not less than Ten ($10.00) Dollars, nor more than One Hundred ($100.00) Dollars.

Sale of caine, &c., reg

$2635a. Alkaloid cocaine, or its salts, or alpha or beta eucaine or their salts, or any admixture contain- cocaine, euing cocaine or eucaine, shall be sold at retail or dis- ulated. pensed only upon the original written prescription of a legally qualified physician or dentist, or veterinary surgeon, and said prescription shall be filled but once, and of which no copy shall be taken by any person. Each prescription containing alkaloid cocaine or its salts, or alpha or beta eucaine or their salts, or any admixture containing cocaine or eucaine, filled by a registered pharmacist, shall have written upon its face the quantity thereof, the name of the patient, the date it is filled, and the prescription file of each registered pharmacist shall be open to the inspection of the members of the Kentucky Board of Pharmacy, or its authorized inspector, or the coroner of the county; and, alkaloid cocaine, or its salts, or alpha or beta eucaine or their salts, or any admixture con

Penalty.

taining cocaine or eucaine shall be sold at wholesale only to pharmacists, registered under this Act and to legally qualified physicians and dentists, and veterinary surgeons. Every person failing to comply with the requirements of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall pay a fine of not less than Fifty ($50) Dollars nor more than Two Hundred and Fifty ($250) Dollars. Any physician or dentist, or veterinary surgeon who shall prescribe for, or sell, or dispense to any person for any purpose other than legitimate use, or otherwise deal in alkaloid cocaine, or its salts, or alpha or beta eucaine, or their salts, or any admixture containing cocaine, or eucaine, than as herein provided, shall thereby render himself amenable to the penalties hereinbefore in this section provided. Any registered pharmacist who violates any of the provisions of this section, or who by any subterfuge sells, or dispenses alkaloid cocaine or its salts, or alpha or beta eucaine or their salts, or any admixture containing cocaine or eucaine otherwise than as provided in this section shall in addition to paying the fine imposed, on second conviction, forfeit the certificate as a registered pharmacist, and his name shall be stricken from the register.

Approved March 19, 1908.

CHAPTEH 30.

AN ACT to amend Section 1784 of the Kentucky Statutes.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

§ 1. That section 1784, of the Kentucky Statutes, be amended by adding thereto and following the word "and," "the cost of erecting such fence shall

constitute a lien, superior to all others, upon the land of the recusant in favor of the party erecting such fence, and shall be enforced as other liens;" so that said section 1784, of the Kentucky Statutes, when so amended, shall read as follows:

for building

"1784. When a division fence is desirable, or Provisions is made necessary by the division of improved or in- division fences. closed lands, or when no fence or no division fence exists between the improved or inclosed lands of adjoining owners, or the lands where the right of way is owned by one party, either party may, after he has built a lawful fence upon his proportion of the line, require the other to erect a lawful fence out of planks, rails, wire and plank, upon his proportion of the line; but no barbed wire shall be used, without the consent of both parties to the fence; and if he fail so to do, after three months' notice, in writing, may erect such fence, and the cost of erecting such fence shall constitute a lien, superior to all others, upon the land of the recusant in favor of the party erecting such fence, and shall be enforced as other liens. But the provisions of this section shall not apply where the party who erects the fence has received compensation for fencing his entire line, or where written agreements concerning the fencing have been entered into. But nothing herein shall be construed to conflict with an act requiring railroad corporations and other persons operating and controlling railroads and land owners to fence their right of way and railroad track, and to construct barriers and cattle guards at certain public road and highway crossings, and to maintain and keep the same in repair, and prescribing remedies and penalties for failing to do so, approved August fifth, one thousand eight hundred and ninety-two, that no barbed wire shall be used by any one in construction of a division fence, except by consent of both parties to the fence."

Approved March 20, 1908.