THE AUSTRALASIAN JOURNAL OF PHARMACY. 
337 
Mr. Isaacs : Well, this is most irregular. 
(Summons put in). 
The Chairman : The summons is endorsed, “ Served at the registered office of the 
said Society.” 
Dr. MTnerney: May I see the endorsement on the summons? 
Mr. Isaacs : My friend has no right to see it. 
The Chairman (to Dr. MTnerney) : Do you appear ? 
Dr. MTnerney : To take an exception to the service of the summons. 
The Chairman : If he did not see the summons he need not appear. If you do 
appear we will assume the summons is correct. 
Dr. MTnerney : Mr. Nuttall, or the Company, has been served, and the Company 
then appear to take exception to the service of the summons upon them, and they say, 
and submit to your Worships, that, under the Justices of the Peace Statute, a Company 
cannot be summoned at all before this Court — that the 65th Section of the Justices of 
the Peace Statute provides that “Every summons shall be served within a 
reasonable time before the hearing thereof by a constable, or peace officer, or other person 
upon the party to whom it is so directed by delivering a true copy thereof to the party 
personally, or by leaving the same with some person for him at his last or most usual 
place of abode and then proceeds to provide that the constable shall make an endorsement, 
and attend and say how he served the summons. On that summons it does not appear 
to be served personally on this Company. Of course as to that it is a matter of 
impossibility. Then, in the next place, under “ The Industrial and Provident Societies Act,” 
under which it is stated this Society is registered and received incorporation, there 
are no provisions that it shall be served by leaving it at the registered office, or leaving 
it with the servants of the Company. Consequently the people who are addressed in this 
summons, the Equitable Co-operative Society, say they have not been properly served, 
and they submit that to your Worships. 
Mr. Isaacs: I do not know if your Worships require an answer to this? 
The Chairman: No, I do not. Proceed with your case. 
Henry Alfred M. Broomfield, sworn, said : I am law clerk to Messrs. Emerson and 
Barrow, solicitors for the informant. I have seen the summons just handed in. That is 
my signature to it, and I served it as described in the endorsement. 
Mr. Isaacs : I put in the Government Gazette for Tuesday, 6th February, 1877, 
headed “The Pharmacy Board of Victoria” — “The Governor, with the advice of the 
Executive Council, has been pleased to appoint Joseph Bosisto, Esq., M.P.,” and certain 
other gentlemen named to be the Pharmacy Board of Victoria in pursuance of the pro- 
visions of the Pharmacy Act 1876 (No. 558). Joseph Bosisto, Esq., M.P., to be the 
President of the Board. — John A. M‘Pherson, Chief Secretary. — Chief Secretary’s office, 
Melbourne, 5th February, 1877. 
Harry William Shillinglaw, sworn, said: I am the informant in this case. I am 
the Registrar of the Pharmacy Board. I produce my appointment as Registrar under the 
seal of the Pharmacy Board. I produce the original minute of the Board authorising me 
to prosecute on their behalf. 
Dr. MTnerney: By whom were these minutes made? 
Witness: By whom are they written? 
Dr. MTnerney: Yes. 
Witness: By myself. 
Dr. MTnerney: Who authorised you to make them? 
Witness: They are done by the Pharmacy Board. 
Dr. MTnerney: Let me look at them, please. 
Mr. Isaacs: You are not entitled to look at them till they are tendered. (To the 
witness): By whom are they signed? 
Witness : By the President of the Pharmacy Board. 
Mr. Isaacs : Now I tender them, and you (Dr. MTnerney) can look at them. 
(The minutes were put in.) 
Witness (to Mr. Isaacs) : The date of the minute is 11th August, 1886, confirmed on 
the 8th September, 1886. 
Mr. Isaacs (to Dr. MTnerney) : Have you got a letter of the 14th January, 1886 ? 
Dr. MTnerney : No. 
Mr. Isaacs (to witness) Have you got a press copy of a letter of the 14th January, 
1886 — a copy of a letter which you sent to the Equitable Co-operative Society ? 
Witness: Yes. 
Letter produced and read, as follows : — 
“ Melbourne, 14th January, 1886. 
“ Sir, — I have the honour, by direction, to forward herewith a copy of the Amended 
Pharmacy Act 1885, and to direct your attention to the 10th section of the same. 
“ I have the honour to be, sir, 
“ Your most obedient servant, 
“ HARRY SHILLINGLAW, Registrar. 
“ The Manager of the Equitable Co-operative Society, Limited, Melbourne.” 
