September 3, 1870.] THE PHARMACEUTICAL JOURNAL AND TRANSACTIONS. 
199 
and shall allow the case to proceed. It is never required 
of officers of the army or others acting in public capaci¬ 
ties that they shall produce their commissions or other 
written authorities. It is enough for me that the witness 
is acting in the capacity of registrar in the bringing 
of this action, and that no evidence calling his status in 
question has been given; hut I will take a note of the 
point, in order that Mr. Wood, if he pleases, may look 
into authorities and bring the subject before me by way 
of motion for a new trial. 
Mr. Flux. —Perhaps your Honour will take judicial 
note of the fact that in the Register of Chemists and 
Druggists there is printed the full name of the witness, 
with his description, “Secretary and Registrar of the 
Pharmaceutical Society of Great Britain.” 
The Judge. —I will do so. 
Cross-examination continued :—I received from the 
defendant Mrs. Colmer, forms filled up according to 
Schedules C and D of the Act. The one was signed by 
her and the other was signed by a person purporting to 
be a duly qualified medical practitioner and whom I 
believe to be a son of the defendants; they were dated 
30th November, 1868. I received afterwards similar 
papers dated the 20th March, 1869, and signed by the 
male defendant and by the same medical practitioner, 
and I afterwards received papers dated 6th April, 1869, 
also signed by the male defendant, giving his address as 
of a place in London, and purporting to be signed by a 
duly qualified medical practitioner. 
The male defendant tendered to me £5 as provision 
for fees upon the registration of his name. 
Re-examined.—I was not satisfied by either of the 
sets of papers, and I did not enter the names of the 
defendants or either of them upon the Register of Chem¬ 
ists and Druggists. The judgment exercised by me 
upon the papers was so exercised bond fide. The cases 
of the defendants are not the only cases, by many 
hundreds, in which papers in due form failed to satisfy 
me. I have informed both of the defendants, over and 
over again, that they have not been placed on the Re¬ 
gister. The statute gives an appeal to the Council, but 
no appeal by either of the defendants has ever been 
made. 
Mr. Flux. —That is my case, your Honour. 
Mr. Wood then, without calling witnesses, addressed 
the Judge upon the facts, and contended that, it having 
been elicited upon cross-examination that each of de¬ 
fendants had sent to the Registrar forms in accordance 
with Schedules C and D of the Act of Parliament, it was 
thus proved that the defendants were, by force of the 
clause numbered 5 in the Act of Parliament, chemists 
and druggists, and as such entitled to be registered; 
but that whether they were registered or not, they were 
chemists and druggists within the meaning of the 
statute, and not exposed to the penalty for which the 
action was brought. 
J/r. Flux contended that the published Register was 
conclusive against the defendants that the Registrar had 
exercised bona fide a quasi judicial function, and that it 
was not contemplated by the statute, or in accordance 
with the practice of the.law, that the bona-fide decision of 
the Registrar should be revised by a Judge sitting in a 
Court; that the issue before his Honour was not whether 
the defendants were entitled to be placed on the Re¬ 
gister, but whether not being on the Register, and using 
the title Chemist and Druggist, they had incurred the 
penalty under the statute. He then referred to the pre¬ 
amble, and the sections 1, 5,13, 15 and 26 of the Statute, 
arguing that they were consistent with each other, and 
only consistent with the construction of the 13th and 15th 
sections for which he contended, namely, that having 
regard to the admission of the defendants that they used 
the title Chemist and Druggist, the only question for the 
Court was whether they were upon the register; and 
then read M‘Call’s case and Marwood’s case, as re¬ 
ported in the March number of the Pharmaceutical 
Journal, and the opinion of the Attorney-General 
therein referred to. 
The Judge: It is a rule of construction in relation to Acts 
of Parliament of this kind, that the Court shall advance 
the remedy intended by the Act. Now I find that this 
Act has been passed to protect the public in the matter 
of the sale of poisons; that the preamble says, “ It is ex¬ 
pedient for the safety of the public that persons keeping 
open shop for the retailing, dispensing, or compounding 
of poisons, and persons known as Chemists and Druggists, 
should possess a competent practical knowledge of their 
business.” I find also, that by section 13, provision is 
made for a register of the qualified persons, and the Re¬ 
gister is made evidence. It is admitted that the defen¬ 
dants use the title Chemist and Druggist, and the Register 
—published in accordance with the Act—is in my hands, 
without their names appearing in it. I cannot adopt the 
view which has been contended for in the interests of the 
defendants, and I consider that the plaintiffs are entitled 
to recover the penalty provided by the fifteenth section. 
Judgment for the plaintiffs. 
Generation of Heat by Fungi. —Dutrochet has 
observed that there is more heat generated by Boletus 
ceneus than by any other vegetable, with the exception of 
Arum. This phenomenon is, however, by no means con¬ 
fined to B. ceneus , but is, I believe, common to all Boleti; 
and when decomposition has set in, the heat evolved is 
considerable, but even when perfectly young and fresh 
all the Boleti give out heat. Whilst packing up the 
three large and beautiful specimens of B. colopus, Fr., 
exhibited by me at the last meeting of the Royal Horti¬ 
cultural Society, I noticed the decided heat evolved from 
the specimens. At the time of packing, my plants were 
perfectly fresh and young, and after being placed in a 
light paper box for a short time, the heat evolved was 
apparent to the hand. I tested the heat with a thermo¬ 
meter, which stood outside the box in a shaded room at 
70°, this after being placed in the box with the Boleti for 
half an hour rose to 75°. This fine species, though I be¬ 
lieve rather rare elsewhere, is common in early autumn 
in Epping Forest, where it grows in company with 
another beautiful species, B. pachypus , Fr. Both attain 
here very large dimensions, and the former is extremely 
beautiful; the tubes are at first brilliant yellow, then 
orange; the stem deep carmine with a rich maroon base; 
flesh immediately changing to bright blue when cut or 
broken.— W. G. Smith in Gardeners' Chronicle. 
Effects of Godfrey's Cordial. —An inquest has 
been recenlyheld, at Nottingham, on a child five months 
old, who having suffered from diarrhoea, had Godfrey’s 
Cordial administered to it by its mother. The child suc¬ 
cumbed and a post-mortem examination showed^ that 
death had been accelerated by opiates. A verdict in ac¬ 
cordance was given and the mother was reprimanded 
by the coroner for her conduct in administering the 
“remedy.”— Medical Times and Gazette. 
BOOK RECEIVED. 
Snuff Taking-: its Utility in Preventing Bronchitis, Con¬ 
sumption, etc. By John C. Murray, M.D., F.A.S.L. 
London: Churchill and Sons. Newcastle-on-Tyne: D. H. 
Wilson. 
The following journals have been received:—The ‘British 
Medical Journal,’ Aug. 27; the ‘ Medical Times and Gazette,’ 
Aug. 27; the ‘ Lancet,’ Aug. 27; the ‘ Medical Press,’ Aug 
31; ‘ Nature,’ Aug. 25; the ‘ Chemical News,’ August 26; 
‘Journal of the Society of Arts,’ Aug. 26; ‘ Gardeners’ Chro¬ 
nicle,’ Aug. 27; the ‘English Mechanic,’ Aug. 26; the ‘Ca¬ 
nadian Pharmaceutical Journal ’ for August; ‘Repertoire de 
Pharmacie’ for August; ‘Revista Farmaceutica’ for June; 
‘Notes upon Books,’ from Messrs. Longman. 
We have received from a correspondent the ‘ Glasgow 
Daily Herald ’ for Aug. 18 and 20. 
