716 
THE PHARMACEUTICAL JOURNAL AND TRANSACTIONS. 
[March 2, 1872. 
conviction as to the said justices shall seem reasonable ; 
and if any person so convicted shall afterwards commit 
the like offence, it shall he lawful for such justices of the 
peace to cause such offender’s name, place of abode, and 
offence to be published, at the expense of such offender, 
in such newspaper or in such other manner as to the said 
justices shall seem desirable. 
3. And he it enacted that the Pharmacy Act, 1868, 
and the Act twenty-third and twenty-fourth Victoria, 
chapter eighty-four, for preventing the adulteration of 
articles of food and drink, shall he deemed to he incor¬ 
porated in this Act. 
4. In the city of London and the liberties thereof the 
commissioners of sewers of the citv of London and the 
liberties thereof, and in all other parts of the metropolis 
the vestries and district boards acting in execution of the 
Act for the better local management of the metropolis, 
in England and Ireland the court of quarter sessions of 
every county, and the town council of every borough 
having a separate court of quarter sessions, and in 
Scotland the commissioners of supply at their ordinary 
meetings for counties, and town councils within their 
several jurisdictions, may, for their respective city, dis¬ 
tricts, counties, or boroughs, appoint and remove one or 
more persons possessing competent medical, chemical, 
and microscopical knowledge as analysts of all articles of 
food, drink, and drugs purchased within the said city, 
metropolitan districts, counties, or boroughs, and shall 
pay to such analysts such salary or allowances as they 
may think fit; but such appointments and removals shall 
at all times be subject in Great Britain to the approval 
of one of her Majesty’s Principal Secretaries of State, 
and in Ireland to that of the Lord Lieutenant. 
o. The inspector of nuisances or the inspector of 
weights and measures or the inspector of markets, one 
or all of them, as the local authority appointing them 
shall think fit to determine, in every district, county, 
city, or borough, may procure and submit samples of 
articles of food or drink and drugs suspected to be adul¬ 
terated to be analysed by the analysts appointed under 
this Act, and may, upon receiving a certificate stating 
that the articles of food or drink or drugs are adulterated, 
cause a complaint of an offence against this Act by the 
party selling or adulterating such articles of food or 
drink or drugs to be made before a justice of the peace, 
and thereupon such justice shall issue a summons re¬ 
quiring the seller or the adulterator to appear before two 
justices of the peace at petty sessions in England, and in 
{Scotland before two justices of the peace in the justice 
of the peace court, or before the sheriff substitute of the 
county, or before justices of petty sessions or divisional 
justices in Ireland, to answer such complaint, and such 
summons shall be served by delivering the same, or a 
true copy thereof, upon the premises where such samples 
were obtained or sold, and the expense of such prosecu- 
tions, if not ordered to be paid by the party complained 
against, shall be deemed part of the expense of executing 
this Act. 
6. The analysts appointed under this Act shall report 
quarterly to the local authorities appointing them the 
number of articles of food, drink, or drugs analysed by 
them under this Act during the foregoing quarter, and 
shall specify the nature and kind of adulterations de¬ 
tected in such articles of food, drink, and drugs, and all 
such reports shall be read at the meetings of the local 
authorities appointing such analysts. 
7. On the hearing by the justices of any complaint 
under this Act in any district, county, city, or borough 
wherein analysts shall have been appointed under this 
Act, the purchaser, or inspector of nuisances, or the in¬ 
spector of weights and measures, or the inspector of 
markets, as the case may be, shall prove to the satisfac¬ 
tion of such justices that the article of food or drink or 
drugs alleged to be adulterated was delivered to the 
analysts in the same condition as regards its purity or 
impurity as it was when received from the seller. 
8. Any purchaser of any article of food or drink or 
drugs in any district, county, city, or borough where- 
there is any analyst appointed under this Act shall be- 
entitled, cn payment to the inspector or inspectors ap¬ 
pointed under this Act of a sum not less than one shilling 
nor more than five shillings, to have any such article- 
analysed by any analyst who may be appointed for such, 
district, county, city, or borough, and to receive from 
such analyst a certificate of the result of his analysis, 
specifying whether, in his opinion, such article is adul¬ 
terated, and also whether, if it be an article of food or- 
drink, it is so adulterated as to be injurious to the health 
of persons eating or drinking the same, and such certi¬ 
ficate, duly signed by such analyst, shall, in the absence 
of any evidence before the justices or in any court of 
justice to the contrary, be sufficient evidence of the 
matters therein certified, and the sum so directed to be 
paid for such certificate shall be deemed part of the costs.. 
9. All articles of food, drink, or drugs to be analysed 
by the analysts appointed under this Act shall be re¬ 
ceived by the inspectors appointed by the local authori¬ 
ties, and from all such articles of food, drink, or drugs 
samples shall be taken and sealed in the presence of the 
analysts by the inspectors, to be retained by them and 
produced in case the justices shall order other analyses 
to be made. 
10. The expense of executing this Act shall be borne, 
in the city of London and the liberties thereof, out of 
the consolidated rates raised by the commissioners of 
sewers of the city of London and the liberties thereof, 
and in the rest of the metropolis out of any rates or 
funds applicable to the purposes of the Act for the better 
local management of the metropolis, and in counties out 
of the county rate, and in boroughs out of the borough 
fund, or out of the police money in counties in Scotland. 
11. Nothing in this Act contained shall be held to 
affect the power of proceeding by indictment, or to take 
away any other remedy against any offender under this- 
Act. 
Proprietary Rights in “Patent” Medicines. 
Sheriff Barclay, of Perth, has issued an interlocutor 
in the case of Glass v. Dandic , Newby and Dandle, in which. 
Mr. Alex. Glass, druggist, Methven Street, Perth, sought 
to have Messrs. Dandie, Newby and Dandie, druggists,, 
High Street, Perth, restrained from selling a medicine 
called Dr. Henderson’s elixir, of which the pursuer 
alleged he was sole proprietor. The interlocutor (which, 
is appended) fully explains the circumstances of the 
case:— 
Perth, 23rd Feb. 1872.—Having heard parties’ procu¬ 
rators, and made avizandum with process and proofs * 
Finds, as matters of fact—(1.) That the late William 
Henderson, Doctor of Medicine in Perth, for a period of 
about forty years previous to his death, which occurred, 
in Octcber, 1870, manufactured and sold a medicine 
under the name and known as “ Dr. Henderson’s Con¬ 
centrated Stomachic Yegetable Elixir,” or more briefly 
and familiarly as “ Dr. Henderson’s Elixir,” and which 
medicine obtained a great repute and consumpt, at least 
sale. (2.) That it is not proved that Dr. Henderson, 
ever obtained or held a patent for the exclusive manu¬ 
facture and sale of said medicine; but the same was sold 
in bottles bearing his name and signature, and also with 
a government stamp, denoting it to be a “ patent medi¬ 
cine,” which it was not. (3.) That Dr. Henderson some 
short time before his death gifted a paper containing 
the recipe for the preparation of said medicine to Archi¬ 
bald Macdonald, who was married to a niece of the said 
Dr. Henderson, and also provided for a facsimile of his 
signature being photographed in order to be thereafter 
attached and to accompany the bottles containing his 
preparation from said recipe. (4.) That since Dr. Hen¬ 
derson’s death the pursuer has purchased the said recipe 
for a valuable consideration from Mr. Macdonald, and 
