.318 
THE MEDICINE STAMP AND LICENCE. 
It would appear that, according to the intention of the law, as indicated by 
the manner in which the exemptions are stated, grocers, oilmen, hucksters, and 
other unqualified persons, cannot legally sell medicines, either simple or com¬ 
pounded without taking out a licence, and cannot sell compounded medicines, 
such as tinctures, pills, etc., without attaching a stamp to each article. 
A distinction would be thus made between persons qualified by education 
and persons merely authorized by licence to sell medicine. This, distinction, 
however, is not practically observed, although it may be inferred to have been 
the intention of the Legislature in framing the Acts to establish such a distinc¬ 
tion, and this opinion was expressed by Mr. Price, of the Middle Temple, bar¬ 
rister-at-law, in a pamphlet published in 1830. 
Mr. Price states that— 
There are, on the whole review of these Acts considered together, and with reference 
to their objects, and to each other, four classes of persons contemplated by the Legisla¬ 
ture, and three sorts of things as within the scope of the medicine duty laws. 
The classes of persons are :— 
First, Those who by apprenticeship to surgeons, apothecaries, chemists and druggists 
(and surgeons of the navy and army), derive the qualification of skill from discipline, for 
engaging and practising in the sale of drugs and medical preparations. 
Secondly, Persons procuring the legal or statutory qualification of a licence. 
Thirdly, Patentees of proprietary preparations in medicine, quacks, or nostrum- 
makers; and 
Lastly, All unlicensed venders of drugs and medical compounds. 
The three things contemplated are:— 
First, Drugs, etc., entire. 
Secondly, Preparations and compounds of those of legitimate character; and 
Thirdly, Such of the latter as are of spurious or empirical character. 
Of the four classes of persons contemplated by the Acts, the first Class are exempted 
from all the restraining and disabling provisions, whether by clause or schedule, ex¬ 
cept that of the impost of duties on the third sort of things, which are the subject- 
matter of the statutes, if sold by them. 
The second class of persons contemplated are rendered capable of vending the first 
class of things without payment of other duty than that imposed on the necessary 
licence; and are authorized to sell the second sort of things, on payment by them before¬ 
hand, of the duties imposed on their sale by the law ; and also to sell the third sort of 
things received from the owners or compounders, when stamped, as having paid the 
duty. 
The third class of persons consists of all original venders , makers, or proprietors of 
patent medicines (as they are termed), and empirical nostrums, whether patent or not; 
in other words, proprietors, makers, and first venders of the third sort of things 
above enumerated. 
We have endeavoured, not only now, but also on former occasions, to put 
this view of the subject before our readers upon the authority stated, but it 
may be doubted whether such an interpretation of the law as is here given 
would be considered sound, and certainly it has not been acted upon as such. 
That there are ambiguities in the wording of the Acts, however, is obvious, and 
we believe that difficulties are often experienced by those who have to carry the 
law into effect in deciding upon its right interpretation. This is one of the 
grounds upon which an alteration of the law may probably be proposed, and 
the object contemplated would be either to simplify and render intelligible 
what is now complicated and obscure, or possibly to do away with existing 
regulations altogether. Several suggestions have been made, which are as 
follows :— 
1. That, instead of the three different charges now made for medicine 
licences, there should be one uniform charge of ten shillings. 
