dwelling-house or other building, or in any enclosed garden attached to such dwellinghouse, or in the drains connected with any such dwelling-house, provided that such drains are so protected with gratings or otherwise as to prevent any dog from entering the same, or within such rick or stack, any poison or poisonous ingredient or preparation for the destruction of rats, mice or other small vermin." 361"POISONS, SALE OF:" Registration of Persons to sell Poisons-Who to be registered— Not to apply to certain Qualified Practitioners.] By the Pharmacy Act, 1868 (31 & 32 Vict. c. 121), s. 1, "from and after the 31st December, 1868, it shall be unlawful for any person to sell or keep open shop for retailing, dispensing, or compounding poisons, or to assume or use the title' chemist and druggist,' or chemist or druggist, or phar macist, or dispensing chemist or druggist in any part of Great Britain, unless such person shall be a pharmaceutical chemist, or a chemist and druggist within the meaning of this act, and be registered under this act, and conform to such regulations as to the keeping, dispensing, and selling of such poisons as may from time to time be prescribed by the pharmaceutical society with the consent of the privy council." By sect. 3, "chemists and druggists within the meaning of this act shall consist of all persons who at any time before the passing of this act [31st July, 1868,] have carried on, in Great Britain the business of a chemist and druggist, in the keeping of open shop for the compounding of the prescriptions of duly qualified medical practitioners, also of all assistants and associates who before the passing of this act shall have been duly registered under or according to the provisions of the Pharmacy Act [1852], and also of all such persons as may be duly registered under this act." By sect 4, 66 any person who at the time of the passing of this act shall be of full age, and shall produce to the registrar, on or before the [31st December, 1869, 32 & 33 Vict. c. 117, s. 2], certificates according to schedule [A. to 32 & 33 Vict. c. 117] that he had been for a period of not less than three years actually engaged and employed in the dispensing and compounding of prescriptions as an assistant to a pharmaceutical chemist, or to a chemist or druggist as defined by clause 3 of this act, shall, on passing such a modified examination as the council of the pharmaceutical society with the consent of the privy council may declare to be sufficient evidence of his skill and competency to conduct the business of a chemist and druggist, be registered as a chemist and druggist under this act." By sect. 5, "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 SYNOPSIS OF OFFENCES. Statute. POISONS, SALE OF (Notes 361, 362). Any person selling poison otherwise than is provided by this sec- 1. Selling any poison, either by wholesale or by retail, unless the 2. Selling any poison of those which are in the first part of sched. (A) 3. On every sale of any such article the seller, before delivery, to [See also tit. "Pharmacy Acts," for Offences the penalties for 31 & 32 Vict. c. 121, s. 17. Id. to the registrar with certificates according to the schedules (C.) and (D.) to this act; and provided also, that for any such registration of a chemist and druggist, unless it be duly claimed by him on or before the 31st December, 1868, the person registered shall pay the same fee as persons admitted to the register after examination under this act." Sect. 16 provides that these provisions are not to apply to legally qualified apothecaries, or members of the Royal College of Veterinary Surgeons, nor to the making or dealing in patent medicines, nor to the business of wholesale dealers; and provides for the carrying on of the business of chemists, &c. by their executors, &c. Provisions are then contained in sects. 6-13 as to the examiners, the registrar, the regulations of the pharmaceutical society as to keeping the registers of pharmaceutical chemists, and chemists and druggists, the evidence of qualification, &c. By 32 & 33 Vict. c. 117, s. 1, “nothing contained in the first fifteen sections of the recited act shall affect any person who has been registered as a legally qualified medical practitioner before the passing of this act;-and the said clauses shall not apply to any person who may hereafter be registered as a legally qualified practitioner, and who, in order to obtain his diploma for such registration, shall have passed an examination in pharmacy; -nor shall the said clauses prevent any person who is a member of the Royal College of Veterinary Surgeons of Great Britain, or holds a certificate in veterinary surgery from the Highland and Agricultural Society of Scotland, from dispensing medicines for animals under his care. 362 Schedule of Poisons within Act.] By 31 & 32 Vict. c. 121, s. 2, "the several articles named or described in the schedule (A.) shall be deemed to be poisons within the meaning of this act,-and the council of the Pharmaceutical Society of Great Britain (hereinafter referred to as the Pharmaceutical Society) may from time to time, by resolution, declare that any article in such resolution named ought to be deemed a poison within the meaning of this act; and thereupon the said society shall submit the same for the approval of the privy council, and if such approval shall be given, then such resolution and approval shall be advertised in the London Gazette, and on the expiration of one month from such advertisement the article named in such resolution shall be deemed to be a poison within the meaning of this act." The schedule (A.) is as follows:-Part I.-Arsenic and its preparations; prussic acid; cyanides of potassium and all metallic cyanides; strychnine and all poisonous vegetable alkaloids and their salts; aconite and its preparations; emetic tartar; corrosive sublimate; cantharides; savin and its oil; ergot of rye and its preparations. Part 2. Oxalic acid; chloroform; belladonna and its preparations; essential oil of almonds, unless deprived of its prussic acid; opium and all preparations of opium or of poppies. 363 Exceptions to Offences.] By 31 & 32 Vict. c. 121, s. 17, it is provided (inter alia), that "the provisions of this section, which are solely applicable to poisons in the first part of the schedule (A.) to this act, or which require that the label shall contain the name and address of the seller, shall not apply to articles to be exported from Great Britain by wholesale dealers, nor to sales by wholesale to retail dealers, in the ordinary course of wholesale dealing, nor shall any of the provisions of this section apply to any medicine supplied by a legally qualified apothecary to his patient, nor apply to any article when forming part of the ingredients of any medicine dispensed by a person registered under this act; provided such medicine be labelled in the manner aforesaid [see Offence 1], with the name and address of the seller, and the ingredients thereof be entered, with the name of the person to whom it is sold or delivered, in a book to be kept by the seller for that purpose ;-and nothing in this act contained shall repeal or affect any of the provisions of an act of the session holden in the fourteenth and fifteenth years of the reign of her present Majesty, intituled An Act to regulate the Sale of Arsenic' [tit. "Arsenic"]. By the Amending Act (32 & 33 Vict. c. 117), s. 3, "nothing contained in section seventeen of the said recited act shall apply to any medicine supplied by a legally qualified medical practitioner to his patient or dispensed by any person registered under the said act, provided such medicine be distinctly labelled with the name and address of the seller, and the ingredients thereof be entered, with the name of the person to whom it is sold or delivered, in a book to be kept by the seller for that purpose." (See the case of Berry v. Henderson, 39 L. J. (N. S.) M. C. 77; 22 Law T., N. S. 331.) SYNOPSIS OF OFFENCES. Statute. POLICE OF TOWNS (Note 364). 1. Offences with respect to Constables.] Constable resigning or withdrawing himself without leave in writing of the superintendent, constable or commissioners, or without having given one month's notice to superintendent constable. [MEM. The offender is to forfeit all arrears of pay besides the 10 & 11 Vict. c. 89, s. 10. Id. s. 11. 2. Constables dismissed or ceasing to hold office not delivering up clothes or accoutrements forthwith. Id. s. 12. -- 3. Persons having unlawful possession of clothing or accoutrements of constables, or assuming the dress of constables for obtaining admission to any house, &c. 4. Constable guilty of any neglect or violation of his duty as a con Id. s. 16. stable. [Vide ss. 14, 15, 17, 18, 19, for the powers of constables to 5. Assaulting or resisting, or aiding or inciting any person to assault or resist,-any constable in the execution of his duty under this or the special act. 6. As to Obstructions and Nuisances in the Streets.] Wilful breach of orders of commissioners for preventing obstructions in the streets by carts, carriages, horses and persons, during public processions, &c. 7. The like, as to the driving of carts, carriages or cattle during divine service on Sunday, Christmas Day, Good Friday, or fast or thanksgiving day. 8. Releasing or attempting to release cattle impounded found at large in the streets, or damaging the pound. [Sects. 24, 25, relate to the impounding by constables.] Id. s. 20. Id. s. 21. Id. s. 22. Id. s. 26. 364 "POLICE OF TOWNS:" To what Places the Act 10 & 11 Vict. c. 89, applies—Incorporated Provisions as to Recovery of Penalties—Appeal.] The offences under this title are enacted by "The Town Police Clauses Act, 1847," which extends "only to such towns or districts as shall be comprised in any act of parliament hereafter to be passed which shall declare that this act shall be incorporated therewith" (10 & 11 Vict. c. 89, s. 1). Also, by sect. 73, the provisions as to recovery of penalties contained in the 8 & 9 Vict. c. 20, are incorporated with the 10 & 11 Vict. c. 89. Vide Note 55, ante, p. 330, as to a penalty on witnesses, and apprehension of transient offenders, and Note 56, ante, p. 331, the requirements as to appeal, which therefore equally apply to this title. As to the operation of the County Constabulary Act, 19 & 20 Vict. c. 69, on this act of 10 & 11 Vict. c. 89, see ss. 18-20 of the former act. If the provisions of the 10 & 11 Vict. c. 89, are put in execution by a local board, the penalties for Offences Nos. 6-10, 11, 12, 13— 16, 17-33 and 34, will be enforced and applied within the district in the same way as under 38 & 39 Vict. c. 55, as shown in title "Public Health." 365 Offences by Drivers of Hackney Carriages.] By 10 & 11 Vict. c. 89, s. 48, where the proprietor is summoned to attend a justice, or to produce the driver, the proprietor is also to produce the driver's licence; and on conviction of a driver his licence is to be endorsed. If the licence is withheld by a proprietor, a justice may award compensation to the driver (s. 49). On conviction of proprietor or driver for any offence, the commissioners may suspend or revoke their licence (s. 50). By sect. 65, a justice may award compensation to drivers from complainants for loss of time in attending to answer complaints not substantiated, and in default of payment may commit to prison for not exceeding one month unless sooner paid. The licence granted by the local board for hackney carriages does not interfere with the inland revenue licence, and both are required (Buckle v. Wrightson, 34 L. J. (N. S.) M. C. 43; 11 Law T., N. S. 341). 366 Damage recovered from Proprietor, &c.] By 10 & 11 Vict. c. 89, s. 63, "in every case in which any hurt or damage has been caused to any person or property as aforesaid by the driver of any carriage let to hire, the justice before whom such driver has O.S. VOL. I. X X |