558 PHARMACEUTICAL SOCIETY OF GREAT BRITAIN V. MARWOOD. 
This was the case for the plaintiff. 
Mr. BlacJcburne. —My answer is a very simple one. I refer your honour to the 5 th 
clause of the 31 & 32 Viet., which requires any one wishing to act as a pharmaceutical che¬ 
mist or chemist and druggist, within the meaning of the Act, to be registered. Claims to- 
be registered must be sent by notice in writing to the registrar by the applicant, with certi¬ 
ficates according to Schedules (C) and (D). I then refer to clause 3, which defines the bu¬ 
siness of a chemist and druggist. The Secretary of this Society admitted that the Act of 
Parliament had in every wav been complied with. He did not impeach in any nay the cci- 
tificates, and I submit, and 'prove, that the defendant had for many years kept open shop, 
and could produce prescriptions of medical men he had dispensed. He has done everything 
the law required, and if he is not on the register, it is from no fault of his own. 
The Judge—Owe of the things the law requires is, that he should be on the register; and 
e must prove himself to be on the register to obtain its protection. 
Mr. BlacJcburne. —We had not the power to put the defendant’s name on the register. The 
Act said we should do certain-things. We have done everything required, and if the Pharma¬ 
ceutical Society has not put the defendant’s name on the list, surely they cannot come here to 
sue for a penalty for what was their own fault; and was he not justified in using the title 
when he had not only complied with the Act of Parliament, but got a ceitificatc from the 
Pharmaceutical Society, and the agent told him that all that could be done was done, and he 
was a fit and proper person to be placed on the register P 
The Judge. —His name is not on the register, and if it is not on, the Act of Parliament 
is not complied with. 
Mr. BlacJcburne.—I admit the defendant is not on the list; but how could he possibly 
get on ? 
The Judge. —That is nothing to me. 
Mr. BlacJcburne.— I submit that it is a hardship on my client. 
TJie Judge. —Supposing he tried to get on and could not do it, that w r as a case for appeal- 
Mr. BlacJcburne.—The expense of appeal, should there be one, would be a hardship on 
my client; though not so much so on my friend w'ho represent a large body. 
The Judge .—I have nothing to do with the Act of Parliament, whether defendant had 
complied with it or not. 
Mr. BlacJcburne. —My client has done all he could. 
The Judge. —That might be. It only shows the absurdity of the Act. The only ques¬ 
tion for me is, was he authorized by being on the register P The Act of Parliament said the 
penalty was due if they could not show they were on the registei. flint was the fact. I 
do not pity the defendant at all, because he is obstinate, and would not conform to the regu¬ 
lations which all the medical profession said w r ere for the benefit of the public, and which. 
Parliament sanctioned. 
Mr. BlacJcburne. —My client has done that in every particular. 
The Judge. —I cannot help it. 
Mr. BlacJcburne.—The Act of Parliament said that chemists and druggists must do cer¬ 
tain things, and my client has done those, and he could do no more. 
The Judge. —A man who was refused to have his name registered, could appeal. Suppose 
he was refused, I have no power to alter it. There is no power given to this Couit with 
regard to the proceedings of the registrar. 
Mr. BlacJcburne. —It is a question for his honour to decide on the facts, whetnci defen¬ 
dant has not done all in his power. 
The Judge.— It is a very hard and absurd case in my opinion. 
Mr. Flux. —There is no'desire to press the defendant unduly for the penalty, so long as- 
he abstains from further violation of the law. I wrote him to that effect on 77oveinber 7th, 
but he would not agree to it. 
The Judge .—He had a right to refuse and carry the matter to law. He had applied, he- 
said, to be put oil the register, and done all he could. If the Act of I arliament w r ould not 
permit him to get on, I could not help it. 
Mr. BlacJcburne— Vie got a certificate from the Secretary that he had complied with the- 
Act. If your honour thought I ought to support his statement, that the defendant was a 
chemist and druggist within the meaning of the Act, I have witnesses prepared to do it. 
Mr. Flux. —Assuming your honour’s judgment to be a verdict for the plaintiff, I am 
authorized by those I represent not to ask for costs, though they consider that the defendant 
has vexatiously put them to considerable trouble. 
