OLDHAM COUNTY COURT. 
489 
Mr. Flux. —By no means. It has never been called in question either by any court 
or by any party in the case, and I submit that the words are quite distinct that the 
penalties are to be recovered according to the Small Debts Act; that is, under the Act 
tor the Recovery of Small Debts, and the jurisdiction is thrown here so completely that 
there is no mistaking it. 
Mr. Blackburne. —It says “may be recovered.” 
His Honour.— I think there is sufficient for me to entertain the jurisdiction, but if 
you wish, on the part of the defendant (as there has been no decision by the Court above 
upon these cases, as relates to this Act), to carry it to the Court above, I shall give you 
the opportunity of making the application to the Court above of trying whether it is 
the duty of the County Court to decide it. 
Mr. Blackburne. —I am sorry to say that my client is not in a position to go to so 
much expense. With regard to the jurisdiction, I may state that we raise no question 
ns to the jurisdiction of this Court. 
Mr. Flux. —Then the case must be tried on its merits, and I ask you to record an ad¬ 
mission which the defendant has promised to give. 
His Honour .— I cannot do that. lie stands here as an accused man under a penal 
statute, lie has a right to avail himself of any protection he requires; he cannot, in 
fact, bind himself not to take the full possession of his rights under the Act of Parliament. 
Mr. Flux .— Precisely so. The defendant’s attorney, I am sure, will redeem that 
which is under his hand and in my possession. 
His Honour .— I shall not take any admission which the defendant may withdraw. 
The question is, does he make an admission now ? or else we have nothing to try. If 
he makes an admission now, you may take judgment. 
Mr. Flux. —He does not go the length of saying that his admission necessarily im¬ 
ports a verdict against him, but he admits a fact, and I shall ask you after recording 
this, to turn your attention to other facts. It was made to save the time of the Court 
and costs. The admission I refer to is as to the defendant using the title “ chemist and 
druggist.” 
His Honour. —You must prove it. So far as you are concerned I cannot use an ad¬ 
mission of this kind against a man. One of your charges is that he carries on the trade 
of chemist and druggist, and the allegation is that he has that printed or set forth on 
his shop door. That is in the nature of a criminal case, and under such circumstances 
I cannot call upon him to make any admission. Is it a necessary part of this case to 
prove that he prints himself a chemist upon his door-post ? 
Mr. Flux. —Not upon his door post, but (producing a copy of the ‘ Chronicle ’) he 
advertises it. I submit to your Honour that we put it to him. 
His Honour. —I shall not have it put to him. If it is a case capable of proof, I shall 
adjourn the case for you to make it. 
Mr. Flux. —It would be quite practicable for me to subpoena a witness who is in the 
town and could prove it. I mean the publisher of the newspaper. 
His Honour. —I will have the proof here. I will not proceed on an extorted admis¬ 
sion. (To Mr. Blackburne).—Do you make the admission now ? 
Mr. Blackburne. —We admit that w T e have used the title, and we hold that we are 
justified in using it. 
His Honour. —Very well. (To the defendant.) Is that so ? 
Defendant .— Yes, sir. 
Mr. Flux. —In this case. 
His Honour. —Who is prosecutor ? 
Mr. Flux .— Practically, the Society. The penalty when recovered — 
His Honour .— You constitute yourselves the representatives of the public. 
Mr. Flux. —No, sir. Parliament has cast this duty upon those whom I have the 
honour to represent, and her Majesty’s secretary. 
His Honour. —Is the penalty given to the informer ? 
Mr. Flux. —No. 
His Honour .— Then to whom ? 
Mr. Flux. —To her Majesty’s Government. 
His Honour. —Well, the Attorney-General must undertake the prosecution. 
Mr. Flux. —No, your Honour. Parliament has cast it upon the body I represent, on 
the Pharmaceutical Society of Great Britain. 
YOL. XI. 2 * 
