562 
BERRY V. HENDERSON. 
and then selling it, is handing it over the counter, and receiving money for it. A dispensing 
chemist is the common phrase for a chemist who merely makes up prescriptions, and sells 
them across the counter. I think, therefore, it is pretty clear, at least until I hear it disputed in 
argument on the other side, that what was dispensed in this particular case was a medicine 
within the meaning of the Act of Parliament. It was a prescription made according to the 
prescription handed to the chemist, made up according to the ingredients which are specified 
in that prescription, partly hydrocyanic acid and partly rose-water, and handed across the 
counter for a lotion. 1 do not think it can be seriously contended that this is not a medi¬ 
cine within the meaning of the Act of Parliament. Then, if it be a medicine within the 
Act of Parliament, has he complied with the regulations? The whole idea of selling to a 
person unknown to him, not introduced by a person known to him, that again depends upon 
whether he was selling a poison or not. It is perfectly clear that the early part of the sec¬ 
tion is limited solely to selling poison; he must not sell poison unless it is labelled “ poison; ” 
and he must not sell it to a person unknown to him unless that unknown person is intro¬ 
duced by some known person, and he must enter it in a book, not the ordinary book, but a 
book kept expressly according to the form of this schedule, which gives a particular form, as 
your lordships will see, for such entries,—the date, the name of the purchaser, the name and 
the quantity of poison sold, and the purpose for which it is required, and the signature of 
the purchaser, and the signature of the person introducing the purchaser. 
Mr. Justice Lush. —That is where it is a poison ? 
Mr. Quain. —Yes, my lord, where it is a poison. 
Mr. Justice Lush. —If this is a poison, he must not dispense. Then, as I understand, 
you contend it is within the proviso ? 
Mr. Quain. —That it is within this proviso. 
Mr. Justice Hannen. —Then it must be labelled. Then it must be labelled with the 
name and address of the seller? 
Mr. Quain. —So it is. 
Mr. Justice Hannen. —You answered me as to that point before. 
Mr. Quain. —Then if your lordships are with me as to that, Mr. Justice Hannen put his 
finger upon a point which at first sight might have a little ambiguity. The words are 
“ Labelled in the manner aforesaid.” One would suppose at first sight that should be 
labelled “poison,” but when your ead on you have got “with the name and address of the 
seller,” which is different from what is within the previous part of the Section, where it says 
it must be labelled with the name of the article, and the word “poison,” and with the 
name and address of the seller. Up to that part we have clearly complied with it. Now 
then comes this, “ And the ingredients thereof be entered with the name of the person to 
whom it is sold or delivered, in a book to be kept by the seller for that purpose.” Now, 
have I done that? What has been done is this. This book clearly is not a book to be 
kept for poisons, that the early part of the section has made clear. That specified a par¬ 
ticular form that is to be signed, not only by the purchaser, but by the person who intro¬ 
duces the purchaser, and the Schedule gives a form such as your lo*rdships have got before 
you. Therefore, the book here is clearly not that book, but*a book to be kept for the pur¬ 
pose of entering the ingredients of the medicine. In the other case, there are no ingre¬ 
dients of the medicine to be entered, but simply poison is to be entered in the other schedule. 
But this is a book in which is to be entered the ingredients of the medicine, with the name 
of the person to whom it is sold or delivered, in a book kept by the seller for that purpose. 
There is no doubt that this is entered in a book kept for that purpose, namely, the ordinary 
book, in which all prescriptions arc entered, with the ingredients of which the prescription 
is composed. So far he has complied with the section. The remaining point is, has he 
given the name and address of the purchaser ? 
Mr. Justice Hannen. —The words are “to whom it is sold or delivered.” 
Mr. Quain— “Name of the person to whom it is sold or delivered.” Now what occurs 
is this, a prescription is presented with the name at the bottom of it, Mrs. Newton. Your 
lordships well know this is a common case which occurs every day. The moment a chemist 
sees the name of the person for whom it is intended, he does not inquire who brings the 
prescription, but he very naturally infers, and it is not found in this case, one way or the 
other, how the fact is, but he very naturally infers that this is a prescription for Mrs. 
Newton.. Mrs. Newton is the patient, the person who buys. He sells to Mrs. Newton, ho 
does not inquire who the messenger is, and the person to whom he sells is not the person 
