564 
NON-CERTIFICATED PRACTITIONERS. 
such an indictment be preferred, and could it be preferred 
at the instance of a private prosecutor? 
44 ‘3rd. Would it be competent for the Society of Apotheca¬ 
ries to prefer such an indictment, notwithstanding the interest 
given to the society in the pecuniary penalties imposed by 
the 29th section, and the particular remedy given to the 
society for the recovery of such penalties? 
44 4 4th. What would be the extent of punishment which 
could be inflicted by law upon a person convicted of the 
offence of practising as an apothecary without legal qualifi¬ 
cation ? 
44 4 5th. Can any more summary proceeding than an indict- 
ment be resorted to for the punishment of persons practising 
as apothecaries without legal qualification ? J 
44 ‘Answers. 
(i 4 1st. We think that an indictment will lie against a person 
who has practised as an apothecary without legal qualifica¬ 
tion, notwithstanding the particular penalty imposed by the 
20th section of the Act, and the disability imposed by the 
21st section. 
44 4 2nd. The indictment may be preferred in any of the or¬ 
dinary criminal courts having cognizance of misdemeanors 
committed in the county or place in which the party has so 
illegally practised, and it may be preferred at the instance of 
a private prosecutor. 
44 4 3rd. We think it is competent for the Society of Apothe¬ 
caries to prefer the indictment. 
44 4 4th. The punishment, us in case of other misdemeanors, 
would be fine or imprisonment, or both, at the discretion of 
the court. 
44 4 5th. We are not aware that any more summary proceeding 
than an indictment can be resorted to for the punishment of 
persons practising as apothecaries without legal qualification. 
(Signed) 44 4 John Jervis, 
44 4 David Dundas, 
44 4 Frederic Robinson. 
44 4 Temple; Nov. 23, 1846.’ 
44 It is, perhaps, hardly necessary for the society to point 
out the increased facilities which this mode of proceeding 
affords for putting the law in force against unqualified prac¬ 
titioners. 
44 Instead of proceeding for the recovery of penalties by a 
