1020 
THE PHARMACEUTICAL JOURNAL AND, TRANSACTIONS. 
[June 17,1871 
ing or assisting him therein, shall he deemed guilty of a ! 
misdemeanour.” Then there are certain rights reserved 
under the 16th section. Now, what happened was this : 
As soon as this magistrate, Mr. Jones, withdrew his cer¬ 
tificate, the matter was brought before the Council of 
the Society, and a correspondence took place. 
Mr. Justice Lush. —Was Mr. Jone3 himself the person 
•who gave the certificate ? 
Mr. Quean. —Yes. 
Mr. Justice Lush. —That he withdrew ? 
3Lr. Quain. —Yes. 
Mr. Justice Lush. —At that time there was no proper 
evidence. 
Mr. Quain. —I suppose so. His name had been on. 
Mr. Bullen. —It. was actually on at that time. 
Mr. Quain. —He was on at the time Mr. Jones with¬ 
drew hi3 certificate. On receiving the certificates C. 
and D., and the application, it was put on as a matter of 
course. Then being on, and being published in the list, 
he was on the regular register for 1870, and then this 
information reaches the Council that he has not been 
properly put on. 
Mr. Justice Lush. —Then you say that it was proved 
to the satisfaction of the Council that his name had been 
incorrectly put on F 
Mr. Quain. —Yes, my Lord. 
Mr. Justice Lush. —And therefore they authorized the 
erasing it ? 
Mr. Quain .—Yes. 
Mr. Bullen. —I should like to have the letter read 
which was written by Mr. Jones, if my friend comments 
on this, at the time he withdrew it. 
Mr. Quain.- —By all means. 
Mr. Bullen.- —Your Lordships will see ho docs not go 
into the merits at all. 
Mr. Quain. —Whether he goes into the merits or not, 
he withdrew his letter. The correspondence is set out 
on the affidavit. Mr. Whisken most improperly says 
that Mr. J ones was threatened. There was no threat or 
anything of the kind to Mr. Jones. The letter is written 
to Mr. Jones on the 16th July, and he answers it in this 
way:—“ I thank you very much for your courteous 
communication respecting Mr. Whisken, veterinary 
surgeon, Welshpool. On the receipt of your letter I 
sent t-o Mr. Whisken, requesting his immediate presence 
to give a satisfactory explanation. My declaration was 
founded entirely upon his statement of the facts that he 
had fully and faithfully complied with the requirements 
of the Pharmacy Act. I had never seen the Act until 
you kindly favoured me with a copy. I understand the 
point’is whether Mr. Whisken keeps an open shop or not ? 
I have requested Mr. Whisken, with whom I have had an 
interview to-day, to write to you full particulars in reply 
to your inquiries, and shall feel obliged if you will 
oblige me with a line saying that his explanations are 
satisfactory.” 
Mr. Justice Lush .—If that is true, his certificate was 
contrary to the statute. 
Mr. Quain. —Yes. 
Mr. Justice Lush .—It requires it to be within the 
knowledge of the party. 
Mr. Quain .—By an oversight he overlooked the point; 
it was accordingly pointed out to him in the next 
letter. 
Mr. Jones is then written to by the Registrar in these 
words, “ Dear Sir,-—I am in receipt of yours of the 16th 
instant, and also of a letter from Mr. Whisken. The 
chief point is not as you apprehend, whether or not he 
kept an open shop, although that is important. The 
question is this : did Mr. Whisken keep an open che¬ 
mist s shop to your knowledge for the compounding of 
the prescriptions of duly qualified medical practitioners ? 
His letter is so illiterate that my informant’s statement, 
that ‘ he could not read a prescription if any one were 
rash enough to trust him with one,’ would seem to be 
correct.” 
We have a facsimile of ono of his letters, if your Lord- 
ships would like to see it. 
“ As to his having a shop, we must, I suppose, accept 
his own statement, which is, that he ‘ had a place sit a 
part as a shop,’ but as to the prescriptions, I should be 
glad to hear from you further. If you do not feel satis¬ 
fied that Mr. Whisken is entitled to registration, and 
you made the declaration, on the faith of which his name 
was placed on the register, without having at the time a 
full knowledge of the conditions on which such registra¬ 
tion could be effected, I presume you will withdraw’ your 
name from the matter altogether; if not, please confirm 
your adherence to your declaration.” 
Then the Act of Parliament is sent to that gentleman, 
and ho answ T ers it on the 19th July in these words, Dear 
Sir,—Since I was favoured by you with the Pharmacy 
Act of 1868, I have considered its provisions, and wish 
to withdraw my declaration relating to Mr. Whisken, of 
Welshpool, as I cannot allow my name to be attached 
to a document upon which a shadow of doubt exists.” 
(Their Lordships consulted.) 
Lush. —Does it appear that the Council 
-Yes; the resolution of the Council is set 
Mr. Justice 
had decided ? 
Mr. Quain.- 
out in the affidavit. 
The Lord Chief Justice. —I cannot help thinking, Mr. 
Bullen, that unless you are prepared to show that there 
has been something altogether exceptional, or something 
arbitrary in the decision of the Council in the course of 
the case, we cannot take upon ourselves to review their 
exercise of the jurisdiction and authority, which is clearly 
vested in them. They are the proper persons to decide 
it, and it is within their competency. 
Mr. Quain .—I should say that wo have offered him a 
rehearing if he likes, and he has declined it; I can read 
the letter. 
Mr. Bullen.- —I am told that is not so. 
Mr. Quain. —Don’t say that, because I will read, from 
the affidavit, what we have offered. As the Council was 
most anxious that justice should be done, this letter was 
written by Mr. Bremridge, “ I am in receipt this morn¬ 
ing of a letter from Messrs. Howell, Jones and Howell 
they are his attorneys. “ If you like to make an appeal 
to the Council yourself,”—-that is, a second appeal, after 
the first case has been decided,—“ I will lay the matter 
before them again, in this case. Please let me have your 
appeal this week, so that it may be presented next Coun¬ 
cil day. In the meanwhile, as your name does not now 
appear on the register; if you continue to carry on busi¬ 
ness, it will be the duty of this Society at once to insti¬ 
tute proceedings against you.” After that we get an 
answer from Messrs. Howell, Jones and Howell, the 
attorneys: “ Our client has handed to us your letter of 
yesterday to reply to. He declines to make any appeal 
to the Council, and, notwithstanding your communica¬ 
tion, intends to continue his business.” 
Mr. Bullen. —Your Lordships will find from our affida¬ 
vit, that so late as the 10th February, 1871, in this year, 
Mr. Whisken went before the President of the Council 
and had an interview with him about the matter. That 
Iptter was written by Messrs. Howell and Jones. How 
it came to be written I don’t know; but ho has been 
before them since. 
Mr. Justice Lush. —What did the President say ? He 
is not the Council. 
Mr. Bullen.- —He is President of the Council. That 
appears upon my affidavit, on which I moved. 
Mr. Justice Lush. —How does that appear? 
Mr. Bullen. —I will read it. “ On or about the 10th 
day of February, 1871, I had an interview with Mr. G-. 
W. Sandford, the President of the said Society, who ad¬ 
vised me to lay a full statement before the Council by 
way of appeal, promising that it should be laid before the 
Council’s monthly meeting, held the 1st day of March, 
1871, and that I should hear the result of their decision,, 
immediately after, and that all proceedings were stayed. 
