1018 
THE PHARMACEUTICAL JOURNAL AND TRANSACTIONS 
[Juno 17, 1871. 
Mr. Flux. —Your Honour may bo sure that I will not 
enforce this penalty until the decision of the Court of 
-Queen’s Bench upon the rule is obtained, and that if the 
decision be in favour of this defendant I will not seek to 
enforce the penalty at all; but I wish the defendant to 
understand this, that by continuing’ the business so long 
as his name is not on the register, he is holding himself 
■out to the public in a capacity which I cannot recognize, 
and which I am bound, by all means, to discourage; and 
that if he continues the offence, I shall deem it a duty 
to renew my applications for a penalty. 
Mr. Chandler. —But not until after a decision. 
Mr. Flux. —I shall indeed. 
The Judge.— I quite expected Mr. Flux to say that; 
but he will not enforce them. 
Mr. Flux. —No. 
The Judge. Until the contrary be proved, it must be 
assumed that the decision of the Council as to the era¬ 
sure of the defendant s name from the register was a just 
one; otherwise, we should be continually having these 
defences raised, and we might, diming an indefinite 
■period of time, have these persons carrying on their 
trade, and endangering the lives of her Majesty’s sub¬ 
jects, whilst it was being tried in a Superior Court 
whether they ought to have been on the register or not. 
I think it would be an unfortunate state of things if that 
were so. At any rate, I sit here to administer the law 
as I find it, and not to relieve from the effects of the 
law by importing provisions which I do not find in the 
Act of Parliament itself. I think it would be an idle 
waste of .the public time to do more than submit that if 
the decision in the Court of Queen’s Bench be adverse 
to the Society the penalty shall not be enforced. As to 
any future penalties which might be sued for, u sufficient 
unto the day is the evil thereof.” 
Mr. Chandler. My friend has put it fairly enough, 
but I believe that this case will be tried on Saturday; 
my friend, however, thinks differently, and I quite bow to 
his superior judgment. All that I say is, that if we do 
our best to try this on Saturday we lose no time, and it 
would be unjust to make a man liable from day to day. 
The Judge. I think they will have vindicated the 
public interests by these proceedings, and that they will 
not feel obliged themselves to sue for any further penalty, 
os Mi. Chandler says his real intention is to pursue this in 
the Superior Court with the utmost possible diligence, 
and. I should think the sooner he can get the question 
decided, the better pleased he will be. 
Mr. Flux. Everything is being done on my part to 
facilitate the hearing of the case in the Queen’s Bench 
before the end of the term; and I venture to say that 
there can be no doubt as to the great weight which will 
attach to your Honour's remarks with my clients ; and 
I shall feel it a duty to communicate them, and act upon 
them, so far as possible, although I do not feel at liberty 
to give an undertaking on their part not to sue. 
I he Judge .—Aou can represent my views to them. 
J/U Chandler.— This has been going on for some time, 
and the proceedings should have been taken long ago. 
i That remark recoils upon my friend; he 
should have applied for his mandamus before. 
,, % he Judge.—■ It certainly strikes me as remarkable, that 
Mr. Chandler s client should have waited so long as he 
has and should not have taken proceedings at once. 
Mr. Chandler .—His waiting caused him no iniury, 
and.be thought he might be affording amusement to the 
feociety. 
Mr. Flux then tendered formal evidence. 
Jfr. Chandler.— I admit that my client’s name was not 
cn ihe register, that .he used the title chemist and dnm- 
gist, and that the action is duly brought in point of form. 
Ihe Judge.— I give judgment for the plaintiff with costs. 
Mr. Flux then applied for the cost of the Registrar’s 
attendance as a witness. 
The Judge.—I do not see that there was any necessity 
for the Registrar s personal attendance. 
COURT OF QUEEN’S BENCH, WESTMINSTER. 
Trinity Term. 
Monday , June I2tlt, 1871. 
Present —Lord Chief Justice Cockburn, Mr. Justice 
Lush, and Mr. Justice Hannex. 
The Queen v. the Council of the Pharmaceutical Society 
of Great Britain. 
Mr. Quain (Mr. Bullock with him).—My Lords, in the 
case, of the Queen against the Council of the Pharma¬ 
ceutical Society of Great Britain, I have to show your 
Lordships cause against a rule which has been obtained 
by my learned friend Mr. Bullen upon the 5th of this 
month, calling upon that Society to show cause “ w hy a 
writ of mandamus should not issue directed to them 
commanding them to direct the Registrar of the said 
Society to restore the name of the said Edward Charles 
Whisk on to the Register of Chemists and Druggists.” 
The question is, "whether this gentleman is entitled to be 
restored to that register P My Lords, the Act of Par¬ 
liament under which this question arises is the 31st and 
32nd Victoria, chapter. 121, and that is ‘‘An Act to 
regulate the Sale of Poisons, and Alter and Amend the 
Pharmacy Act, 1852.” Now this Act of Parliament 
provides for persons entitled to be registered; and I 
believe I may state shortly the fact, that nobody is en¬ 
titled to call himself a “ chemist and druggist,” or to 
sell poisons (I believe he may sell anything else), unless 
he brings himself within the authority of this Act. 
Those are the only two things which the Legislature 
have interfered with. In order to do that, the statute 
defines what persons shall be entitled to be registered, 
and the only question we have to discuss is this, whether 
the applicant for the ■writ of mandamus in this case was 
a chemist and. druggist carrying on that business in an 
open shop dispensing prescriptions of duly qualified 
medical practitioners before July, 1868, it being in July, 
1.868, that this Act came into operation; because it en¬ 
titled all persons who were actually in business before 
that date to be registered, as a matter of course, after 
delivering to the Registrar their certificates. Now, the 
third section s.ays, and this is the section upon which it 
turns, “ chemists and druggists wit hin the meaning’ of 
this Act shall consist of all persons who at any time 
before the passing of this Act, have carried on in Great 
Britain the business of a chemist and druggist in the 
keeping of open shop for the compounding of the pre¬ 
scriptions of duly qualified medical practitioners.” It 
turns out to be entirely a question of fact, upon one part 
of the case, which is as to whether Mr. "Whiskon, who 
makes , this application, can bring himself wuthin that 
definition,, and can show that he was a chemist and drug¬ 
gist carrying on business in an open shop, dispensing 
prescriptions of duly qualified medical practitioners, be¬ 
fore the date of July, 1868 ? Now, my Lords, I will 
tell you 'what the facts are as disclosed upon the affi¬ 
davits. 
Mr. Bullen .—My Lords, if my friend is going into the 
facts, I must ask that the case may be postponed, in 
order that we may answer the affidavits that have been 
filed, as the affidavits, of which th^re are no less than 
twenty-six sheets, have only been delivered to me late 
on Saturday night last. 
Mr. Quain .—It was only moved on the 5th of June. 
Mr. Bullen .—But the affidavits consist of all sorts of 
imputations upon my client. 
Mr. Quam .—I apprehend, my Lords, the question is 
this : we say—and that, in fact, explains the whole case 
that we were induced to place upon the register the 
name of this applicant in consequence of incorrect in¬ 
formation furnished to us. That so far from being a 
chemist and druggist (at least, that is what we say) 
within the meaning of the provision that I have just read 
to your Lordship, this person was nothing else but a cow 
