Sect. 21. And no apothecary shall be allowed to recover any charges 55 Geo. 3, c. 194. claimed by him in any court of law, unless he shall prove on the trial that he Apothecaries was in practice as an apothecary prior to or on the 1st of August, 1815, or not to recover that he has obtained a certificate to practise as an apothecary from the said duly licensed. master, wardens, and society of apothecaries, as aforesaid. See the 6 Geo. IV. c. 133, s. 5, post, 87. (b) in evidence a certificate, purporting to be granted by the Court of Examiners of the Apothecaries' Company, and bearing twelve signatures, purporting to be the signatures of the persons constituting that court, of which signatures he proved one, and gave other evidence to show that the document was genuine, and that he obtained it from the Court of Examiners: it was held, that this was sufficient, and that he was not bound to prove the handwriting of each member of the Court of Examiners who had subscribed the certificate. Walmsley v. Abbett, 3 B. & C. 218; 5 D. & R. 62, S. C. Practising while under the service of another, though for the party's own beneft, is not a practising within the act. Brown v. Robinson, 1 C. & P. 264. And the apothecary should show instances of compounding and making up prescriptions: merely attending local complaints is not sufficient. Thompson 7. Lewis, M. & M., C. N. P. 255; 3 C. & P. 483, S. C. In an action for a libel on the plaintiff, who had served upwards of three years as house apothecary at a public infirmary, before the 55 Geo. III. c. 194, it was held that such service was sufficient to qualify him as an apothecary, without proof of apprenticeship, or production of a certificate, in conformity with the statute. Wogan v. Somerville, 1 Moore, 102; 7 Taunt. 401, S. C. But where it appeared that the defendant, who was sued for the penalty, never had or could have made up physicians' prescriptions prior to the 1st of Aug. 1815, this was held to be cogent evidence to be left to the jury, and that they did right in finding that he had not practised as an apothecary, although he had administered medicines to the patients before that period. 3 B. & A. 40. Nor is it sufficient, to bring a party within the exception, to show that, previously to and on the 12th of July, 1815 (when the act received the royal assent), be was practising as an apothecary; but be must show that he was so practising on the 1st of August, 1815. Apoth. Comp. . Roby, 5 B. & A. 949. In an action to recover the amount of an apothecary's bill, the plaintiff who, under this act, proves a certificate from the Society of Apothecaries, need not also prove an apprenticeship served. Sherwin v. Smith, 1 Bing. 204; 8 Moore, 30, S. C. (b) If, in an action on an apothecary's bill, the plaintiff fail to prove himself qualified within the act, he cannot recover even for the vials in which the medicines were supplied. Steed v. Henley, 1 C. & P. 574. In an action by payee of a promissory note, expressed to be “in consideration of the plaintiff's care and medical attendance bestowed on the maker," it was held that the plaintiff, to recover, must bring himself within section 21. Blogg v. Pinkers, R. & M., C. N. P. 125. A general certificate of qualification to practise, without limitation as to time or place, is sufficient to enable an apothecary to sue for medicines, &c., furnished to patients in London; though the receipt indorsed on the certificate is for four guineas, and paid after the commencement of the action. Chadwick v. Bunning, R. & M., C. N. P. 306. An apothecary may charge for attendance, or for the medicines he sends, but he cannot charge for both. Towne v. Lady Gresley, 3 C. & P. 581. surgeon may recover for attendance. Poucher v. Norman, 3 B. & C. 745. A A member of the Royal College of Surgeons cannot sue for medicines furnished, unless he be also certificated by the Apothecaries' Company. Allison v. Haydon, 1 M. & P. 588. It seems, a surgeon may recover for such medicine as is necessarily furnished in a surgical case. Id. As to who is a surgeon, id. Surgeons and apothecaries must use a due and reasonable degree of skill and diligence. 2 Wils. 359; 8 East, 348. And if the patient be injured in consequence of gross ill-treatment of his case, the apothecary or surgeon guilty of it cannot recover his charges. 3 Stark. C. N. P. 6; 2 Stark. C. N. P. 8. But, if improper remedies are adopted, or unfit medicines are administered, under the advice of a physician, the surgeon or apothecary is, at all events, entitled to be paid. Peake, Rep. 59. If a surgeon furnish a bill, leaving a blank for his charge for attendance, and the patient pay a certain sum on that account, the surgeon, as he made no specific charge, is bound by the sum so paid, and can recover no more. Inson v. Batting, 3 Esp. 192: sed query. charges, unless 55 Geo. 3, c. 194. Application of monies arising from certificates. Application of monies arising from penalties. Recovery of fines and penalties. Distress not un of form. Sect. 24 enacts, that all sums of money which shall arise from the granting of certificates of examination shall be appropriated and disposed of by the said master, wardens, and society of apothecaries, in such manner as they shall, from time to time, direct and deem most expedient. Sect. 25. And all sums arising from conviction and recovery of penalties for offences committed against this act, shall be applied and disposed of in manner following: viz. one half to the informer, and one half thereof to the said master, wardens, and society of apothecaries, to be disposed of in such manner as they shall deem most expedient. Sect. 26 enacts, that all penalties and forfeitures by this act imposed (the manner of levying and recovering whereof is not otherwise directed) shall, if they exceed the sum of £5, be recovered by action, in the name of the master, wardens, and society of apothecaries, of the city of London, in any of his majesty's courts of record in England or Wales, &c.; and, if such penalty or forfeiture shall amount to less than the sum of £5, the same shall be levied and recovered by distress and sale of the goods and chattels of the offender, by warrant under the hand and seal of any justice of the peace, acting for any county, city, town, or place where the offence shall be committed (which warrant such justice is hereby empowered and required to grant, upon the confession of the party, or upon the evidence of any credible witness upon oath, and which oath such justice is hereby empowered to administer); and the overplus (if any) of the money arising by such distress and sale shall be returned upon demand to the owner of such goods and chattels, after deducting the costs and charges of making, keeping, and selling the distress; and, in case sufficient distress shall not be found, or such forfeitures and penalties shall not be paid forthwith, it shall be lawful for such justice, and he is hereby authorized and required, by warrant under his hand and seal, to cause the offender to be committed to the common gaol for the county, city, town, or place where the offence shall be committed, there to remain without bail or mainprize for any time not exceeding one calendar month, unless such penalties, and forfeitures, and costs, shall be sooner fully paid and satisfied. Sect. 27. And where any distress shall be made for any sum of money to lawful for want be levied by virtue of this act, the distress itself shall not be deemed unlawful, nor the party making the same be deemed a trespasser, on account of any defect or want of form in the notice or information, summons, conviction, warrant, or distress, or other proceeding relating thereto; nor shall the party distraining be deemed a trespasser ab initio, on account of any irregularity which shall be afterwards done by the party so distraining; but the person aggrieved by such irregularity may recover full satisfaction for the special damage, in an action upon the case. Act not to affect chymists and druggists. Saving rights. Limitation of actions. Sect. 28 provides, that nothing in this act contained shall extend in any way to affect the trade or business of a chymist and druggist, in the buying, preparing, compounding, dispensing, and vending drugs, medicines, and medicínable compounds, wholesale and retail; but all persons using or exercising the said trade or business, or who shall or may hereafter use or exercise the same, may use, exercise, and carry on the same trade or business, in such manner, and as fully and amply, to all intents and purposes, as the same trade or business was used, exercised, or carried on, by chymists and druggists before the passing of this act. Sect. 29 provides, that nothing in this act contained shall extend to prejudice or in any wise to interfere with any of the rights, privileges, &c., of the two Universities of Oxford or Cambridge, the royal College of Physicians, the royal College of Surgeons, or the said Society of Apothecaries, except such as shall or may have been altered or amended by this act, or of any person practising as an apothecary previously to the 1st day of August, 1815. Sect. 30 provides, that no action or suit shall be brought or prosecuted against any person, bodies politic, corporate, or collegiate, for anything done in pursuance of this act, after six calendar months next after the fact committed; or, in case there shall be a continuation of damages, then after six calendar months next after such damage shall have ceased; and every such action shall be laid and brought in the county where the matter in dispute shall arise; and the defendant recovering shall have double costs. By the 6 Geo. IV. c. 133, it is enacted-" Whereas an act was passed in the fif- 6 Geo.4, c. 138. ty-fifth year of the reign of his late majesty King George III., intituled An Act for better regulating the Practice of Apothecaries throughout England and Wales:' and whereas doubts have arisen as to some of the provisions of the said act: and whereas by the said act power is given to the master, wardens, and society of the art and mystery of apothecaries of the city of London for the time being, and their successors, or any of the assistants, or any other person or persons properly qualified, as in the said recited act is mentioned, to be by the master and wardens nominated and assigned, not being fewer in number than two persons at the least, to go and enter into any shop or shops of any person or persons whatever, using or exercising the art and mystery of an apothecary in any part of England and Wales, for the purpose of searching, surveying, proving, and determining if the medicines, wares, drugs, or any thing or things whatsoever therein contained, and belonging to the art or mystery of apothecaries aforesaid, be wholesome, meet, and fit for the cure, health, and ease of his majesty's subjects: and whereas there is not any form set forth in or provided by the said recited act, according to which such appointment for the purposes aforesaid should be made, and in consequence thereof in some cases the persons appointed by the said master and wardens to go and enter into the shops of persons using the art and mystery of apothecaries, have met with difficulty in obtaining admission thereto, for the purpose of examining the drugs, wares, and medicines therein contained: and whereas it is expedient that such doubts should be removed, and provision should be made in relation to such appointment as aforesaid: and whereas the said act requires to be amended in other respects, for the more effectually carrying into execution the beneficial purposes thereof: it is enacted, that, from and after the passing of this Form of appointact, all appointments which shall be made by the master and wardens of ment of searching drugs. the said society of the art and mystery of apothecaries of the city of London, in pursuance of the said recited act, of any persons, to go and enter into the shops of any person or persons using the art and mystery of an apothecary in any part of England and Wales, for the purpose of searching, surveying, and proving whether the medicines, wares, drugs or any thing or things whatsoever in such shop or shops contained, and belonging to the art or mystery of an apothecary, be wholesome, meet, and fit for the cure, health, and ease of his majesty's subjects, shall be in the form hereinafter stated, and shall be sealed with the common seal of the said society of the art and mystery of apothecaries of the city of London, and shall, on being produced to any person or persons at the shop or dwelling-house having a shop therein, of any apothecary in any part of England or Wales, by the persons therein appointed, who in pursuance and by virtue thereof shall require to enter such shop for the purpose of examining the medicines, drugs, wares, and other things therein contained, in pursuance of the said recited act, be deemed to be sufficient evidence of the appointment of the persons in such appointment or appointments named for the purposes therein expressed. "We, A. B., master of the society of the art and mystery of Apothecaries of the city of Form of appoint. London, and C. D. and E. F., the wardens thereof, do hereby, in pursuance of the ment. power vested in the master and wardens for the time being of the said society of apothe caries, by an act passed in the fifty-fifth year of the reign of his late majesty King George III., intituled An Act for better regulating the Practice of Apothecaries throughout England and Wales;' and, also, in pursuance of an act passed in the sixth year of the reign of his majesty King George IV., intituled An Act to explain and amend an act passed in the fifty-fifth year of the reign of his late majesty King George III., intituled, "An Act for better regulating the Practice of Apothecaries throughout England or Wales;"' appoint G. H. and I. K., being persons duly qualified as required by the said recited act passed in the said fifty-fifth year of the reign of his late majesty King George III. as aforesaid, to enter into the shops of such persons as now carry on the art or mystery of an apothecary in and in such other places in England or Wales as they shall think fit, and to examine, search, survey, and prove the 6 Geo. 4, c. 133. Members of court of assistants may be members of court oi ехаminers. Master and war dens may admiexaminers as by 55 G. 3, c. 194. nister oaths to Sect. 2. "And whereas doubts have arisen, whether the master, wardens, and court of assistants of the said society of apothecaries, or the major part of them, can appoint or elect any person or persons who are members of the said court of assistants (although they are duly qualified according to the said recited act) to be members of the court of examiners, directed to be from time to time appointed in pursuance of the said recited act: and whereas it would be useful and expedient, that a limited number of persons, being members of the said court of assistants of the said society, duly qualified pursuant to the said recited act, should be eligible to be chosen and appointed to be members of the said court of examiners; be it therefore enacted, that from and after the passing of this act it shall and may be lawful to and for the said master, wardens, and court of assistants of the said society of apothecaries, or the major part of them, from time to time to elect and appoint any member or members of the court of assistants of the said society (not exceeding four persons in the whole,) duly qualified according to the said act to be members of the court of examiners, directed in and by the said recited act to be from time to time appointed: provided always, nevertheless, that the master and the wardens of the said society for the time being shall be in all cases incapable of being elected as members of the said court of examiners; and any person or persons who shall, after his or their election to be a member of the said court of examiners, be chosen and appointed to be either master of the said society of apothecaries, or senior warden or junior warden thereof, shall ipso facto vacate his seat in the said court of examiners, and shall be incapable of being re-elected, until he shall have ceased to be master or senior or junior warden of the said society." Sect. 3. "And whereas doubts have arisen whether the oath or affirmation directed by the said recited act passed in the fifty-fifth year of the reign of his late majesty as aforesaid to be taken and subscribed by all persons who shall from time to time, in pursuance of the aforesaid act, be chosen and appointed to be members of the court of examiners, before they can act as examiners, can be administered by the master and wardens of the said society, or whether such oath or affirmation must be administered by the master, wardens, and court of assistants of the said society, or the major part of them; and it would be convenient that power should be given, as well to the master and wardens of the said society of the art and mystery of apothecaries for the time being, or to the master and one of the wardens of the said society for the time being, as to the master, wardens, and court of assistants of the said society, or the major part of them, to administer the said oath or affirmation so directed to be taken and subscribed by all persons who shall be appointed to be members of the said court of examiners, before they can act as examiners; be it therefore enacted, that from and after the passing of this act it shall and may be lawful to and for the master and wardens of the said society for the time being, or for the master and one of the wardens of the said society for the time being, or for the master, wardens, and court of assistants of the said society, or the major part of them, and they are hereby respectively authorized, required, and empowered, to administer to all persons who shall from time to time be, by the master, wardens, and court of assistants of the said society, or the major part of them, chosen and appointed to be members of the said court of examiners, by virtue of the said recited act of the fifty-fifth year of the reign of his late majesty King George III. the oath or affirmation directed by the said recited act to be taken by all persons who shall in pursuance of that act be from time to time appointed to be members of the court of examiners, before they can act as examiners." Sect. 4. "And whereas many persons who have heretofore held, and now do or who hereafter shali hold commissions in his majesty's service, as surgeons, either in his majesty's navy, or as surgeons or apothecaries in his majesty's 's army, cannot commence practice as apothecaries in any part of England or Wales, without being examined by the court of examiners appointed in pursuance of the aforesaid recited act of the fifty-fifth year of the reign of his late majesty King George III. or being liable to the penalties thereby imposed on persons who, not having been in practice as apothecaries on the 1st day of August, 1815, shall commence to act or practise as apothecaries 6 Geo. 4. c. 133. without having been examined, and received certificates of their qualification, pursuant to the said recited act: and whereas it is expedient to provide a remedy in that behalf; be it therefore enacted, that every person who heretofore Surgeons, &c. in has held, or who now holds, or hereafter shall hold a commission or warrant the navy, and surgeous and apoas surgeon or assistant surgeon in his majesty's navy, or as surgeon or assist- thecaries, &c. in ant surgeon or apothecary in his majesty's army, or as surgeon or assistant the army, may surgeon in the service of the Honourable the East India Company, shall be examination. practise without entitled to practise as an apothecary in any part of England or Wales, without having undergone any such examination, or received any such certificate, as by the said recited act of the fifty-fifth year of the reign of his late majesty King George III. is directed, and without being liable to any penalty or disability whatsoever imposed by the said recited act, on persons who, not having been in practice as apothecaries on the said 1st day of August, 1815, without having been examined, and received certificates in the manner directed by the said recited act, commenced practice as apothecaries in any part of England or Wales; and no such person shall be obliged, in order to recover in a court of law any charges claimed by him as an apothecary, to prove that he was in practice as an apothecary on the said 1st day of August, 1815, otherwise than as holding a commission or warrant as surgeon or assistant surgeon in his majesty's navy, or as surgeon or assistant surgeon or apothecary in his majesty's army, or as surgeon or assistant surgeon in the service of the Honourable the East India Company; any thing in the said recited act contained to the contrary thereof in any wise notwithstanding." Sect. 5. "And whereas by the said recited act it is enacted, that from and 55 G. 3, c. 194. after the 1st day of August, 1815, it shall not be lawful for any person (except Sect. 14. persons already in practice as such,) to practise as an apothecary in any part of England or Wales, unless he shall have been examined in the manner, and received such certificate of qualification, as by the said recited act is directed: and whereas it is also thereby enacted, that if any person (except such as are Sect. 20. then actually practising as such,) shall after the said 1st day of August, 1815, act or practise as an apothecary, in any part of England or Wales, without having obtained such certificate as in the said recited act is mentioned, every person so offending shall for every such offence forfeit and pay the sum of 201.; and if any person (except such as are then acting as such, and excepting persons who have actually served such an apprenticeship as in the said recited act is mentioned), shall after the said 1st day of August, 1815, act as an assistant to any apothecary to compound and dispense medicines, without having obtained such certificate as in the said act is mentioned, every person so offending shall for every such offence forfeit and pay the sum of 51.: and Sect. 21. whereas by the said recited act it is also further enacted, that no apothecary shall be allowed to recover any charges claimed by him in any court of law, unless such apothecary shall prove on the trial that he was in practice as an apothecary prior to or on the said 1st day of August, 1815, or that he has obtained a certificate to practise as an apothecary from the said master, wardens, and society of apothecaries as aforesaid: and whereas by the said Sect. 29. recited act it is also enacted, that nothing in the said act contained shall extend or be construed to extend to lessen, prejudice, or defeat, or in any wise to interfere with any of the rights, authorities, privileges, and immunities of any person or persons practising as an apothecary previously to the 1st day of August, 1815; but the said persons or person shall have, use, exercise, and enjoy all such rights, authorities, privileges, and immunities, in as full, ample, and beneficial a manner, to all intents and purposes, as they might have done before the passing of the said recited act, in case the same had never been passed: and whereas it is expedient that the several terms or periods in the said act mentioned, after which persons not being at such times or periods in practice as apothecaries are required by the said recited act to be examined, or are thereby made subject to the penalties by the said act imposed on persons commencing practice as apothecaries, or assistants to apothecaries, contrary to the provisions thereof, or to prove their exemption from |