Form of Appointment.

England and Wales, for the Purpose of searching, surveying and proving whether the Medicines, Wares, Drugs or any Thing or Things whatsoever in such Shop or Shops contained, and belonging to the Art or Mystery of an Apothecary, be wholesome, meet and fit for the Cure, Health and Ease of His Majesty's Subjects, shall be in the Form hereinafter stated, and shall be sealed with the Common Seal of the said Society of the Art and Mystery of Apothecaries of the City of London, and shall, on being produced to any Person or Persons at the Shop or Dwelling House having a Shop therein, of any Apothecary in any Part of England or Wales, by the Persons therein appointed, who in pursuance and by virtue thereof shall require to enter such Shop for the Purpose of examining the Medicines, Drugs, Wares and other Things therein contained, in pursuance of the said recited Act, be deemed to be sufficient Evidence of the Appointment of the Persons in such Appointment or Appointments named for the Purposes therein expressed.

'

FORM OF THE APPOINTMENT.

6

WE A. B. Master of the Society of the Art and Mystery of Apothecaries of the City of London, and C. D. and E. F., the Wardens thereof, do hereby, in pursuance of the Power vested in the Master and Wardens for the Time being of the said Society of Apothecaries, by an Act passed in the Fifty fifth Year of the Reign of His late Majesty King George the Third, intituled An Act for better regulating the Practice of Apothecaries throughout England and Wales; and also, in pursuance of an Act passed in the Sixth Year of the Reign of His Ma'jesty King George the Fourth, intituled An Act to explain and • amend An Act passed in the Fifty fifth Year of the Reign of His late Majesty King George the Third, intituled An Act for bet'ter regulating the Practice of Apothecaries throughout England or Wales; appoint G. H. and I. K., being Persons duly quali'fied as required by the said recited Act passed in the said Fifty fifth Year of the Reign of His late Majesty King George the Third as aforesaid, to enter into the Shops of such Persons as now carry on the Art or Mystery of an Apothecary in and in such other Places in England or Wales as they shall think 'fit, and to examine, search, survey and prove the Medicines, • Wares and Drugs, and other Things in such Shops contained, according to the Terms, Provisions and Powers given and contained in and by the said Act of the Fifty fifth of George the Third for that Purpose. In witness whereof the Common Seal of the said Society is hereunto affixed, this

Day

‹ II. And Whereas Doubts have arisen, whether the Master, · Wardens and Court of Assistants of the said Society of Apothecaries, or the major Part of them, can appoint or elect any Person or Persons who are Members of the said Court of As'sistants (although they are duly qualified according to the said recited Act) to be Members of the Court of Examiners, directed to be from time to time appointed in pursuance of the said recited Act: And Whereas it would be useful and expedient, that a limited Number of Persons, being Members of the • said

<

'said Court of Assistants of the said Society, duly qualified pur-
suant to the said recited Act, should be eligible to be chosen
' and appointed to be Members of the said Court of Examiners;'
Be it therefore enacted, That from and after the passing of this
Act it shall and may be lawful to and for the said Master, Ward-
ens and Court of Assistants of the said Society of Apothecaries,
or the major Part of them, from time to time to elect and ap-
point any Member or Members of the Court of Assistants of the
said Society (not exceeding Four Persons in the whole), duly
qualified according to the said Act to be Members of the Court
of Examiners, directed in and by the said recited Act to be
from time to time appointed: Provided always nevertheless,
that the Master and the Wardens of the said Society for
the Time being shall be in all Cases incapable of being elected
as Members of the said Court of Examiners; and any Person or
Persons who shall, after his or their Election to be a Member of
the said Court of Examiners, be chosen and appointed to be either
Master of the said Society of Apothecaries, or senior Warden or
junior Warden thereof, shall ipso facto vacate his Seat in the said
Court of Examiners, and shall be incapable of being re-elected,
until he shall have ceased to be Master or senior or junior Warden
of the said Society.

'

،

Members of

Court of Assistants may be Members of

Court of Examiners.

• III. And Whereas Doubts have arisen whether the Oath or Affirmation directed by the said recited Act passed in the Fifty fifth Year of the Reign of His late Majesty as aforesaid to be 'taken and subscribed by all persons who shall from time to time, in pursuance of the aforesaid Act, be chosen and appointed to be Members of the Court of Examiners, before they can act as Examiners, can be administered by the Master and Wardens of the said Society, or whether such Oath or Affirmation must · be administered by the Master, Wardens and Court of Assistants of the said Society, or the major Part of them; and it 'would be convenient that Power should be given, as well to the Master and Wardens of the said Society of the Art and Mystery of Apothecaries for the Time being, or to the Master and One of the Wardens of the said Society for the Time being, as to the Master, Wardens and Court of Assistants of the said Society, or the major Part of them, to administer the said Oath or Affirmation so directed to be taken and subscribed by all Persons who shall be appointed to be Members of the said Court ‹ of Examiners, before they can act as Examiners;' Be it therefore enacted, That from and after the passing of this Act it shall and may be lawful to and for the Master and Wardens of the said Society for the Time being, or for the Master and One of the Wardens of the said Society for the Time being, or for the aminers as by Master, Wardens and Court of Assistants of the said Society, 55 G. 3. c. 194. or the major Part of them, and they are hereby respectively authorized, required and empowered, to administer to all Persons who shall from time to time be, by the Master, Wardens and Court of Assistants of the said Society, or the major Part of them, chosen and appointed to be Members of the said Court of Examiners, by virtue of the said recited Act of the Fifty fifth Year of the Reign of His late Majesty King George the Third, the Oath or Affirmation directed by the said recited Act to be 21 taken

Master and

Wardens administer

may

Oaths to Ex

Surgeons, &c. in the Navy, and Surgeons and Apothecaries, &c. in the Army, may practise without Examin

ation.

55 G. 3. c. 194.

$14.

$ 20.

taken by all Persons who shall in pursuance of that Act be from time to time appointed to be Members of the Court of Examiners, before they can act as Examiners.

6

IV. And Whereas many Persons who have heretofore held, ' and now do or who hereafter shall hold Commissions in His Majesty's Service, as Surgeons, either in His Majesty's Navy, or as Surgeons cr Apothecaries in His Majesty's Army, cannot commence Practice as Apothecaries in any Part of England or Wales, without being examined by the Court of Examiners ' appointed in pursuance of the aforesaid recited Act of the Fifty fifth Year of the Reign of his late Majesty King George the Third, or being liable to the Penalties thereby imposed on Persons who, not having been in Practice as Apothecaries on the First Day of August One thousand eight hundred and fifteen, shall commence to act or practise as Apothecaries without having been examined, and received Certificates of their Qualification, pursuant to the said recited Act: And Whereas it is expedient to provide a Remedy in that Behalf;' Be it therefore enacted, That every Person who heretofore has held, or who now holds, or hereafter shall hold a Commission or Warrant as Surgeon or Assistant Surgeon in His Majesty's Navy, or as Surgeon or Assistant Surgeon or Apothecary in His Majesty's Army, or as Surgeon or Assistant Surgeon in the Service of the Honorable the East India Company, shall be entitled to practise as an Apothecary in any Part of England or Wales, without having undergone any such Examination, or received any such Certificate, as by the said recited Act of the Fifty fifth Year of the Reign of His late Majesty King George the Third is directed, and without being liable to any Penalty or Disability whatsoever imposed by the said recited Act, on Persons who, not having been in Practice as Apothecaries on the said First Day of August One thousand eight hundred and fifteen, without having been examined, and received Certificates in the Manner directed by the said recited Act, commenced Practice as Apothecaries in any Part of England or Wales; and no such Person shall be obliged, in order to recover in a Court of Law any Charges claimed by him as an Apothecary, to prove that he was in Practice as an Apothecary on the said First Day of August One thousand eight hundred and fifteen, otherwise than as holding a Commission or Warrant as Surgeon or Assistant Surgeon in His Majesty's Navy, or as Surgeon or Assistant Surgeon or Apothecary in His Majesty's Army, or as Surgeon or Assistant Surgeon in the Service of the Honorable the East India Company; any Thing in the said recited Act contained to the contrary thereof in any wise notwithstanding.

‹ V. And Whereas by the said recited Act it is enacted, that 'from and after the First Day of August One thousand eight hundred and fifteen, it shall not be lawful for any Person (except • Persons already in Practice as such), to practise as an Apothecary in any Part of England or Wales, unless he shall have been examined in the Manner, and received such Certificate of Qua'lification, as by the said recited Act is directed: And Whereas it is also thereby enacted, that if any Person (except such as are • then actually practising as such), shall after the said First Day • of

' of August One thousand eight hundred and fifteen act or prac-
tise as an Apothecary, in any Part of England or Wales, without
having obtained such Certificate as in the said recited Act is
' mentioned, every Person so offending shall for every such Of-
'fence forfeit and pay the Sum of Twenty Pounds; and if any
Person (except such as are then acting as such, and excepting
Persons who have actually served such an Apprenticeship as
in the said recited Act is mentioned), shall after the said First
Day of August One thousand eight hundred and fifteen act as
an Assistant to any Apothecary to compound and dispense
Medicines, without having obtained such Certificate as in the
said Act is mentioned, every Person so offending shall for
every such Offence forfeit and pay the Sum of Five Pounds:
'And Whereas by the said recited Act it is also further enacted, § 21.
that no Apothecary shall be allowed to recover any Charges
claimed by him in any Court of Law, unless such Apothecary
'shall prove on the Trial that he was in Practice as an Apothe-
cary prior to or on the said First Day of August One thousand
eight hundred and fifteen, or that he has obtained a Certificate
to practise as an Apothecary from the said Master, Wardens
and Society of Apothecaries as aforesaid: And Whereas by § 29.
the said recited Act it is also enacted, that nothing in the said
'Act contained shall extend or be construed to extend to les-
sen, prejudice or defeat, or in any wise to interfere with any of
the Rights, Authorities, Privileges and Immunities of any Per-
'son or Persons practising as an Apothecary previously to the
First Day of August One thousand eight hundred and fifteen ;
but the said Persons or Person shall have, use, exercise and en-
joy all such Rights, Authorities, Privileges and Immunities, in
as full, ample and beneficial a Manner, to all Intents and Pur-
poses, as they might have done before the passing of the said
recited Act, in case the same had never been passed: And
'Whereas it is expedient that the several Terms or Periods in
the said Act mentioned, after which Persons not being at such
• Times or Periods in Practice as Apothecaries are required by
the said recited Act to be examined, or are thereby made sub-
'ject to the Penalties by the said Act imposed on Persons com-
mencing Practice as Apothecaries, or Assistants to Apothecaries,
contrary to the Provisions thereof, or to prove their Exemp-
'tion from such Penalties, should be accurately defined;' Be it
therefore enacted, That the first mentioned Exception contained
in the said Act shall be deemed and construed to extend to such
Persons only who were in actual Practice as Apothecaries on or
before the said First Day of August One thousand eight hundred
and fifteen; and that the Exception contained in the said Act
from the Penalty of Twenty Pounds thereby imposed shall in
like Manner be construed to extend only to Persons who were in
actual Practice as Apothecaries on or before the said First Day
of August One thousand eight hundred and fifteen; and that the
Exception contained in the said recited Act from the Penalty
of Five Pounds thereby imposed shall in like Manner be con-
strued to extend only to Persons who were on or before the
said First Day of August One thousand eight hundred and fifteen
acting as Assistants to Apothecaries therein mentioned, or who

Explaining certain Provisions in 55 G.3. c.194. as to practising as Apothecaries on or before Aug.1. 1815.

55 G.3. c.194. § 15.

Authorizing

the Court of Examiners to examine Apprentices to Surgeons.

have actually served an Apprenticeship of Five Years to an Apothecary, and that in like Manner the Day on which any Apothecary claiming to recover any Charges in any Court of Law or Equity in England or Wales shall be obliged to prove himself to have been in Practice, so as to entitle him to recover such Charges without shewing that he has received a Certificate of his Qualification from the said Court of Examiners appointed in pursuance of the said recited Act, shall be construed to be the said First Day of August One thousand eight hundred and fifteen; and that the Saving Right contained in the said Act in favour of Persons who have exercised the Practice of Apothecaries shall be construed to extend only to and in favour of such Persons who were in actual Practice as Apothecaries on the said First Day of August One thousand eight hundred and fifteen.

· VI. And Whereas by the said Act it is enacted, that no Person shall be admitted to any Examination for a Certificate of 'his Qualification to act or practise as an Apothecary, unless he shall, among other Things by the said Act required, produce Proof to the said Court of Examiners of his having served an Apprenticeship of not less than Five Years to an Apothecary: And Whereas many Persons who served an Apprenticeship of the like Period to Surgeons have received a full and competent • Medical Education to enable them to practise as Apothecaries, but the said Court of Examiners have not any Power to examine 'such Persons;' Be it therefore enacted, That from and after the passing of this Act it shall and may be lawful to and for the said Court of Examiners to examine such Persons as to their Fitness for or Qualification to act as Apothecaries, who shall produce Proof of having served an Apprenticeship of not less than Five Years to a Member of the Royal College of Surgeons in London, or to a Member of the Royal College of Surgeons in Edinburgh, or to a Member of the Royal College of Surgeons in Dublin, or to a Surgeon in His Majesty's Army or Navy, together with Proof, to the Satisfaction of the said Court of Examiners, of a sufficient Medical Education, and of good moral Conduct, in like Manner as by the said Act is provided with regard to Persons who have served an Apprenticeship of not less than Five Years to an Apothecary; any Thing in the said Act contained to the contrary thereof in any wise notwithstanding.

<

VII. And Whereas the authenticating the Certificates of Qua'lification of such Persons as have been or as shall be examined by the Court of Examiners in pursuance of the aforesaid Act has been attended with considerable Expence, and might often be difficult of Proof, if such Certificates were required to be • authenticated in different Parts of England at the same Time ' in different Actions: For Remedy whereof, be it therefore enacted, That from and after the passing of this Act, the Common Company to be Seal of the said Society of the Art and Mystery of Apothecaries of the City of London shall be deemed to be and shall be received in every Court of Law or Equity in any Part of England or Wales as sufficient Proof of the Authenticity of the Certificate to which such Seal shall be affixed, and that the Person therein named is duly qualified to practise as an Apothecary in any Part of England or Wales.

Seal of the

Proof of the

Authenticity of the Certificates.

.

• VIII. And