June 17, 1671.] 
THE PHARMACEUTICAL JOURNAL AND TRANSACTIONS. 
1019 
or cattle doctor—a farrier, in fact—at Welshpool; that 
ho was not a chemist and druggist in the ordinary sense 
of the word, and did not make up prescriptions, except 
so far as they were for cattle and horses, and that he 
was not a person who came within the status which he 
■ought to have occupied at the time he made the applica¬ 
tion. This is the question of fact, so far as that is con¬ 
cerned. I have a large number of affidavits, of course, 
upon the subject. 
The Lord Chief Justice. —It is a difficult inquiry, and 
this is an unsatisfactory mode of disposing of it, if it de¬ 
pends upon the affidavits. 
Mr. Quain. —I was going to say, my Lord, if it were a 
mere question of fact, no doubt, as there are conflicting 
affidavits, your Lordships would not go into them. 
The Loyd Chief Justice. —What I was thinking was 
that we might refer it to the Master. 
Mr. Quain. —I am ready to take any course your Lord- 
ship wishes; but, before your Lordship does that, I 
would wish to draw your attention to this. My learned 
friend, Mr. Bullock, who is with me, and myself, have 
looked at the matter in consultation, and, as I have j ust 
observed, if it rested entirely upon conflicting affidavits 
■upon matters of fact, I could not expect your Lordships 
at this moment to go into them and to decide upon them ; 
but I would submit (and I throw this out for the con¬ 
sideration of my friend Mr. Bullen) that this is a matter 
resting entirely upon points of law, and I would ask 
your Lordships to decide it upon them without going 
-into the facts, and upon them, I say, this is not a case 
for a mandamus at all. 
The Loycl Chief Justice. —We had a similar application 
to this some time ago. 
Mr. B alien. —That was upon another Act, my Lord. 
Mr. Quain. —My friend is quite right; that, was upon 
another Act. This is the first time your Lordships have 
been called upon to put a construction upon this Act. 
The point I am going to take is, that this is a matter of 
•discretion ; that is to say, that there is a judicial discre¬ 
tion in the Council of the Pharmaceutical Society, and, 
that if they have decided it, your Lordships will not inter¬ 
fere. This is not an application upon the ground that 
they have been asked for a hearing and have declined it, 
because, here, they have heard and have decided; and I 
submit that the matter having been so heard and so de¬ 
cided by the Council of the Society under the Statute, it 
then comes within the ordinary case where the Legis¬ 
lature having vested these functions in the Council of a 
-Society, and they having exercised them, the question 
.cannot be retried upon affidavits. That is the real point. 
Now, having referred your Lordships to the third section, 
I will call your Lordship’s attention to the fifth: “The 
persons who at the time of the passing of this Act shall 
have been duly admitted pharmaceutical chemists, or 
.shall be chemists and druggists within the meaning of 
the Act, shall be entitled to be registered under the Act 
without paying any fee for such registration: provided, 
however, as regards any such chemist and druggist, that 
his claim to be registered must be by notice in writing, 
signed by him, and given to the Registrar, with certifi- 
oates according to the schedules C and D.” And, ac¬ 
cordingly, the applicant in this case sent up to the Re¬ 
gistrar the certificates C and D, within the meaning of 
that clause; and, having done that, he was thereupon 
placed on the register, and his name was printed in the 
Register of the year 1870. Information after that reached 
the Council of the Society that he was not really what 
he professed to be, and thereupon an investigation took 
place. The certificate under schedule C is one that 
comes from himself, that being one that is sent from the 
person in business as a chemist; but the certificate under 
schedule D is to be in these words, and is to be from a 
medical practitioner or magistrate : “ I declare that I am 
a duly qualified medical practitioner (or magistrate), and 
that to my knowledge [blank], residing at [blank], in the 
county of [blank], was in business as a chemist and 
druggist, in the keeping of an open shop for the com¬ 
pounding of the prescriptions of duly qualified medical 
practitioners before the [blank] day of [blank].” That 
he complied with, undoubtedly, in the first instance ; 
but as soon as the information reached the Society that 
he was not what he professed,'to be, they communicated 
with him, and they also wrote to the gentleman, the 
magistrate, who had signed that certificate. He hap¬ 
pened to be a gentleman named Jones, and a most 
respectable gentleman, no doubt, he being, at the present 
time, the High Sheriff of Montgomeryshire. The matter 
having been brought to his attention, he was asked 
whether he adhered to the declaration ho had made ac¬ 
cording to the terms of the statute, a copy of the 
Act of Parliament being sent to him, showing that he 
must state, within his knowledge, that the person was a 
person who compounded medicines. As soon as that 
matter was called to Mr. Jones’s attention, and he saw 
the nature of the certificate which he was expected to 
give, he wrote a letter, in which he withdrew the certifi¬ 
cate, saying that he could not allow his name to bo 
attached to a document upon which a shadow of doubt 
existed. After that withdrawal, I apprehend this gen¬ 
tleman was not entitled to remain on the register. 
After that, a certificate of a gentleman named Brock 
was sent in, but that was after the name had been 
erased in the way in which I am going to tell your 
Lordships. 
Then comes the 8th section, which refers to the Re¬ 
gistrar : “ The Registrar appointed, or to be appointed, 
under or by virtue of the Pharmacy Act, shall be Re¬ 
gistrar for the purposes of the Act.” 
Then the 9th section says :—“ The Council of the 
Pharmaceutical Society shall, with all convenient speed 
after the passing of this Act, and from time to time as 
occasion may require, make orders or regulations for 
regulating the register to be kept under this Act as 
nearly as conveniently may be in accordance with the 
form set forth in the schedule (B) to this Act or to the 
like effect.” 
Then comes the 10th section, which is with reference 
to the Registrar :—“ It shall be the duty of the Regis¬ 
trar to make and keep a correct register in accordance 
with the provisions of this Act of all persons who shall 
be entitled to be registered under this Act, and to erase 
the names”—your Lordships see he has power to erase 
the names—“ of all registered persons who shall have 
died, and from time to time to make the necessary alte¬ 
rations in the addresses of the persons registered under 
this Act. To enable the Registrar duly to fulfil the 
duties imposed upon him, it shall be lawful for the Re¬ 
gistrar to write a letter to any registered person, ad¬ 
dressed to him according to his address on the register, 
to inquire whether he had ceased to carry on business 
or has changed his residence,” and so on. 
Then there is the important section, section 12, of the 
Act, and the words are these:—“ No name shall bo 
entered in the register except of persons authorized by 
this Act to be registered, nor unless the Registrar bo 
satisfied by the proper evidence that the person claiming 
is entitled to be registered; and any appeal from the 
decision of the Registrar may be decided by the Council 
of the Pharmaceutical Society, and any entry which 
shall be proved to the satisfaction of such Council to 
have been fraudulently or incorrectly made may be 
erased from or amended in the register by order in 
writing of such Council.” 
Then there is a penalty put upon the Registrar by 
section 14 :—“ Any Registrar who shall wilfully make 
or cause to be made any falsification in any matter re¬ 
lating to the said registers, and any person who shall 
wilfully procure, or attempt to procure, himself to bo 
registered under the Pharmacy Act or under this Act, 
by making or producing, or causing to be made or pro¬ 
duced, any false or fraudulent representation or declara¬ 
tion, either verbally or in writing, and any person aid- 
