PHARMACEUTICAL SOCIETY OF GREAT BRITAIN V. MARWOOD. 557 
so sent. I received about 10,000 sets of certificates at that time. I subsequently considered 
them, and exercised the functions of registrar as required by the Act of Parliament. The 
result, so far as the defendant was concerned, was, that I was not satisfied that he was a pro¬ 
per person to he placed on the register. I informed him of that, and did not place his name 
on the register. In the interval between that day and the commencement of these proceed¬ 
ings I have had many communications with the defendant. 
Cross-examined by Mr. Blackburne. —1 received from Mr. Marwood certificates under 
schedules C. and D. I think it was dated in December. I was not bound to put every 
applicant on the register. I refer you to clause 12 of the Act. 
Mr. Flux. —The clause says, that no name shall be entered in the register authorized by 
the Act uuless the registrar is satisfied, by proper evidence, that the person claiming is entitled 
to be registered. There is an appeal from the registrar provided by the clause, and the 
defendant did not appeal. Any appeal from the decision of the registrar would have been 
decided by the Council of the Pharmaceutical Society. 
Mr. Blackburne (to the witness).—Do you require any other information than that set 
forth in the Act ? 
Witness. —I should exercise the discretion given to me by the Act. 
Mr. Blackburne. —Say yes or no. 
Witness. —I was bound to exercise my own discretion when these matters w r ere put be¬ 
fore me. I have registered women. 
Mr. Blackburne. —Did you get any other information than that required by the Act to 
register these w'omen ? 
Witness. —When an application is made to me, I exercise my discretion. If I happen 
to know r , of my own knowledge, that the person was not qualified, 1 should not register him. 
I should inform him so, and then his case would be as this man’s was. He might appeal to the 
Council. I told him that in my letter. 
Mr. Blackburne. —Did you write to Mr. Hargreaves, the local secretary 9 
Mr. Flux. —I submit that if a person in the position of Mr. Bremridge, in exercising 
his judgment cast upon him by the Act of Parliament, applied to any gentleman what¬ 
ever for information and obtained it, the Court would not compel him to disclose his sources of 
information. 
Mr. Blackburne. —Did you ever require from anybody else further information than that 
required by the Act to enable him to be put on the register ? 
Witness. —I exercised my discretion. 
Mr. Blackburne. —Will you give me an answer—yes or no? It is a simple question. 
Have you ever required any further information than these certificates mentioned in the 
Act ? 
Witness. —I should require further evidence if there was anything on the face of the 
document w'hich indicated that a person was not properly qualified. I required it in a vast 
number of instances. 
Mr. Blackburne. —What have you required ? 
Witness. —I am not bound to answer what I require. I want to know that the person 
applying is a proper person. I was not satisfied that the defendant was a fit and proper 
person to be put on the register. 
Mr. Blackburne. —Marwood sent you some papers before this application, and you re¬ 
turned them as being informal ? 
Witness. —Yes ; and that was one reason why I investigated this case, because I was not 
satisfied he w r as a chemist and druggist within the meaning of the Act. 
Examined by Mr. Flux. —The certificate was signed by a magistrate of this borough. I 
communicated with him. 
Mr. Blackburne said this had not arisen out of his cross-examination. 
The Judge. —I have nothing to do with the magistrate. 
Mr. Flux. —The witness has been examined as to whether be made bona-fide inquiries 
in order to exercise a bond-fide judgment. (To witness.) Did you make bond-fide inquiries 
respecting the gentleman who signed the certificate ? 
Witness. —I did ; and the result was, that I was not satisfied that he was a fit and proper 
person. Defendant was not, by hundreds, the only person who sent certificates primd facie 
n form, and whom I refused to put on the register. I am under a penalty if I wilfully 
place a person on the register without being satisfied of his fitness. 
