BERUY V. HENDERSON. 
561 
medicine be labelled in tbe manner aforesaid with the name and address of the seller, and 
the ingredients thereof be entered, with the name of tbe person to whom it is sold 01 ^de¬ 
livered, in a book to be kept by the seller for that purpose.” Therefore, my lord, the first 
thing we have to discuss is, is this a poison within the first part of the section, or is it a 
medicine within the meaning of the section P # 
Mr. Justice LLannen. —He is only to be entitled to the benefit of that, if it is labelled in 
a particular manner, and this was not so labelled. 
Mr. Quain. — Oh, yes, it had the name and address of the seller. I will come to that in 
a moment. Your lordship has just put your finger on what your lordship may say is the 
only difficulty in the clause. That cannot mean everything is to be labelled poison, my lord, 
as your lordship will see in a moment. I do not think it will be seriously contended that 
every bottle that goes out containing prussic acid as an ingredient is to be labelled poison. 
It is* to be labelled with the name and address of the seller, and it was so labelled in this 
<3ase. . . 
Mr. Justice Lush. —Is that a proviso which only protects medicine supplied by an apo¬ 
thecary to his patients or dispensed by him ? _ . 
Mr. Quain. —Dispensed by any person duly registered. My client, Mr. Berry, is a duly 
registered person, and he dispenses it in the ordinary course of business as a duly registered 
chemist. 
Mr. Justice Lush.— Do you call selling over the counter dispensing it P 
Mr. Quain. —Certainly; dispensing it is making it up and selling it over the counter. 
The words are, “ Apply to any medicine supplied by a legally qualified apothecary to his 
patient.” 
Mr. Justice Lush. —It is not there. 
Mr. Quain. —No, he is not an apothecary; but it also says, “ Nor apply to any article 
when forming part of the ingredients of any medicine dispensed by a person registered 
under this Act.” 
Mr. Justice Lush. —Dispensed, that means administered, does it not. ... 
Mr. Quain.— Oh, no. A dispensing chemist is the ordinary phrase. Dispensing is 
merely the making up and handing it over ; it does not mean adrninistei ing it. 
Mr. Justice Hannen— Virtually it seems to me, that a person registered under this Act 
may send poison abroad without any sort of protection. He may sell it to anybody he does 
not know. . ... 
Mr. Quain. —If it is a medicine. The first question to be discussed is, is it medicine 
within the proviso ? About that there can be no doubt, because he makes it up from a 
regular prescription presented to him, signed by the initials of a well-known medical man. 
It is written in the ordinary way, and, as I said before, in Latin. The case finds that the 
component parts of it are proper for a lotion, and it is a lotion. 
Mr. Justice Uamien. —Does it find that ? c 
Mr. Quain. —Yes; the case finds it expressly in the 10th paragraph, my lord, _ Hydro¬ 
cyanic acid, Scheele’s (that is the particular form of hydrocyanic acid) is prussic acid.” The 
prescription is one that might be ordered for a lotion, and accordingly it is ordered for a 
lotion, becausejt is for external use. It is labelled by Mr. Berry “ Caution, to be used for 
external use alone. To be used three times a day.” It you look at the written terms, the 
thing is to be made into a lotion, and applied three times a day, on the iace of the presciip- 
tion itself. Therefore, it is a proper prescription for a lotion, and a proper medicine com¬ 
posed for the purpose of being applied externally. Therefore, we start with the proposition, 
and I think there can be no doubt of this, that medicine is not a thing to be taken inter¬ 
nally alone. The term is to be applied just as much to medicine used externally as if applied 
internally. Therefore, we have the fact that this gentleman dispenses, in the way that 
word is always used, and I do not know that there can be any doubt about it. My friend 
Mr. Bullock says there is a definition in the Act. 
Mr. Justice Lush. —Is there? 0 _ 
Mr. Quain. —This is it, my lord, the first clause, “That from and after the 31st Decem¬ 
ber, 1868, it shall be unlawful for any person to sell or keep open shop for retailing, dis¬ 
pensing , or compounding poisons; ” and then we have it again, “ io be registered under this 
Act and conform with such regulations as to the keeping, dispensing , and selling of such 
poisons.” Your lordship will see by that phrase there is, first, the keeping poison, that is 
keeping it in stock; then, dispensing it, is making it up into the form of a prescription; 
