Apothecaries Act 1815

Whereas His Majesty King James the First, by Letters Patent under the Great Seal of Great Britain, bearing date the sixth day of December, in the fifteenth year of his reign, did for himself, his heirs and successors, grant unto William Besse, and divers other persons therein named, and to all and singular other persons whomsoever, brought up and skilful in the art, mystery, or faculty of apothecaries, and exercising the same art, mystery, or faculty, then being freemen of the mystery of Grocers of the city of London, or being freemen of any other art, mystery, or faculty in the said city of London (so as they had been brought up and were expert in the art or mystery of apothecaries), that they, and all such men of the said art or mystery of apothecaries of and in the said city of London and suburbs of the same, and within seven miles (11 km) of the said city, might and should be one body corporate and politic, in substance, deed, and name, by the name of the master, wardens, and society of the art and mystery of apothecaries of the city of London; and did ordain and declare, that by the same name they might have perpetual succession, and have, purchase, possess, enjoy, and retain manors, messuages, lands, tenements, liberties, privileges, franchises, jurisdictions, and hereditaments to them and their successors, in fee simple and perpetuity, or for term of year or years, or otherwise howsoever; and also goods and chattels, and all other things soever, of what name, nature, kind, quality, or sort soever they should be; and also that they might grant, demise, alien, assign, and dispose of manors, lands, tenements, and hereditaments, and do and execute all and singular other acts and things by the said name; and that by the said name of master, wardens, and society of the art and mystery of apothecaries of the city of London, they should and might be able to plead and be impleaded, and might have for ever a common seal, and the same seal at their pleasure from time to time might break, change, alter, and new make, as to them should seem best; and His said Majesty did, by his said Letters Patent, ordain and grant unto the said master, wardens, and society of the art and mystery of apothecaries aforesaid, certain ordinances, rules, and regulations, to be observed, kept, and maintained by them, as in the said charter are more fully expressed: And whereas some of the clauses and provisions contained in the said recited charter, so far as the same regard the said Society of Apothecaries, have been found inadequate for the purposes thereby intended, and it is therefore expedient that the same should be altered, varied, and enlarged, and further and other provisions made: May it therefore please Your Majesty that it may be enacted; and be it enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That the said recited charter of the fifteenth year of the reign of His Majesty King James the First, and all and every the powers, provisions, penalties, forfeitures, regulations, clauses, matters, and things therein contained (save and except such part or parts thereof as are hereby altered, varied, or repealed), shall be and the same is and are hereby declared to be in full force and virtue, and shall be as good, valid, and effectual to all intents and purposes whatsoever as if this Act had not been made.

II. And be it further enacted, That 10 much of the said recited charter as directs that the said master and wardens, and their successors, or some or one of them, or some assistants, by the master and wardens to be appointed and assigned, at fit and convenient times, and in manner and form convenient and lawful, from time to time, as often as to the said master and wardens shall seem expedient, shall and may go and enter into any shop or shops, house or houses, cellar or cellars, of any persons whomsoever using or exercising the art or mystery of apothecaries, or any part thereof, within the city of London, the liberties or suburbs thereof, or within seven miles (11 km) of the same city, as well within the liberty as without, where any medicines, simple or compound, wares, drugs, receipts, distilled waters, chemical oils, syrups, conserves, lohocks, electuaries, pills, powders, lozenges, oils, ointments, plaisters, or any other things whatsoever which belong or appertain to the art or mystery of apothecaries as is aforesaid, are likely to be found; and to search, survey, and prove if the same medicines, simple or compound, wares, drugs, receipts, distilled waters, chemical oils, syrups, conserves, lohocks, electuaries, pills, powders, lozenges, oils, ointments, plaisters, or any thing or things whatsoever belonging to the art or mystery of apothecaries aforesaid, be and shall be wholesome, medicinable, meet and fit for the cure, health, and ease of His Majesty's subjects; and also so much of the said recited charter as directs that the aforesaid master and wardens of the mystery aforesaid, and the said assistants for the time being, thereunto nominated and appointed by the master and wardens, and their successors from time to time, may have, and by virtue of these presents shall have full power and authority to examine and try all and singular persons professing, using, or exercising, or which hereafter shall profess, use, or exercise the art or mystery of apothecaries, or any part thereof, within the aforesaid city of London, the liberties or suburbs thereof, or within seven miles (11 km) of the same city, as well within liberties as without, touching or concerning their and every of their knowledge, skill, and science in the aforesaid art or mystery of apothecaries, and to remove and prohibit all those from the exercise, use, or practice of the said art or mystery whom hereafter they shall find either unskilful, ignorant, or insufficient, or obstinate, or refusing to be examined by virtue of these presents, in the art or mystery aforesaid; and also all and singular medicines, wares, drugs, receipts, distilled waters, oils, chemical preparations, syrups, conserves, lohocks, electuaries, pills, powders, lozenges, oils, ointments, and planters, and all other things belonging to the aforesaid art, which they shall find unlawful, deceitful, stale, out of use, unwholesome, corrupt, unmedicinable, pernicious, or hurtful, to burn before the offenders' doors; and also to lay, impose, and exact mulcts, and other pains and penalties, by fines and amerciaments, upon such offenders, according to their sound discretions, and the ordinances by them and their successors so as aforesaid to be made and appointed, shall be and the same is hereby repealed.

III. And be it further enacted, That in lien and stead thereof, the said matter, wardens, and Society of Apothecaries for the time being, and their successors, or any of the assistants, or any other person or persons properly qualified as hereinafter is mentioned, to be by the matter and wardens nominated and assigned, not being fewer in number than two persons at the least, shall and may from time to time, and at all seasonable and convenient times in the daytime, as often as to the said master and wardens it shall seem expedient, go and enter into any shop or shops of any person or persons whatever using or exercising the art or mystery of an apothecary in any part of England or Wales, and shall and may search, survey, prove, and determine if the medicines, simple or compound, wares, drugs, or any thing or things whatsoever therein contained, and belonging to the art or mystery of apothecaries aforesaid, be wholesome, meet, and fit for the cure, health, and case of His Majesty's subjects; and all and every such medicines, wares, drags, and all other things belonging to the aforesaid art, which, they shall find false, unlawful, deceitful, stale, unwholesome, corrupt, pernicious, or hurtful, shall and may burn, or otherwise destroy; and also shall and may report to the master, wardens, and assistants of the said Society, the name or names of such person or persons as shall be found to have the same in their possession; and the said master, wardens, and assistants shall and may impose and levy the following fines and penalties upon each and every person whose name shall be so reported to them, as hereinafter mentioned; for the first offence the sum of five pounds, for the second offence the sum of ten pounds, and for the third and every other offence the turn of twenty pounds.

IV. Provided always, and be it enacted, That no person to be by the master, wardens, and assistants for the time being, chosen and appointed a member of the Court of Examiners, or to be by the master and wardens nominated and assigned to go and enter into any shop or shops, for the purposes aforesaid, within the city of London, the liberties or suburbs thereof, or within thirty miles of the same, shall be deemed to be properly qualified, unless he shall be a member of the Society of Apothecaries aforesaid, of not less than ten years standing ; nor shall any person be deemed to be properly qualified to be nominated and assigned to go and enter into any shop or shops in any other part of England and "Wales for the purposes aforesaid, or to be appointed one of the five apothecaries hereinafter mentioned and directed to be appointed for the purpose of examining assistants to apothecaries in compounding and dispensing medicines, as hereinafter is mentioned, except he shall have been an apothecary in actual practice for not less than ten years at least previously to his being so nominated, or assigned, or appointed.

V. And whereas it is the duty of every person using or exercising the art and mystery of an apothecary to prepare with exactness and to dispense such medicines as may be directed for the sick by any physician lawfully licensed to practise physic by the president and commonalty of the faculty of physic in London, or by either of the two Universities of Oxford or Cambridge; therefore, for the further protection, security, and benefit of His Majesty's subjects, and for the better regulation of the practice of physic throughout England and Wales, be it enacted, That if any person using or exercising the art and mystery of an apothecary shall at any time knowingly, wilfully, and contumaciously refuse to make, mix, compound, prepare, give, apply, or administer, or any way to sell, set on sale, put forth, or put to sale, to any person or persons whatever, any medicines, compound medicines, or medicinable compositions, or shall deliberately or negligently, falsely, unfaithfully, fraudulently, or unduly make, mix, compound, prepare, give, apply, or administer, or any way sell, set on sale, put forth, or put to sale, to any person or persons whatever, any medicines, compound medicines, or medicinable compositions, as directed by any prescription, order, or receipt, signed with the initials, in his own hand-writing, of any physician so lawfully licensed to practise physic, such person or persons so offending shall, upon complaint made within twenty-one days by such physician, and upon conviction of such offence before any of His Majesty's justices of the peace, unless such offender can show some satisfactory reason, excuse, or justification in this behalf, forfeit for the first offence the sum of five pounds; for the second offence the sum of ten pounds; and for the third offence he shall forfeit his certificate, and be rendered incapable in future of using or exercising the art and mystery of an apothecary, and be liable to the penalty inflicted by this Act upon all who practise as such without a certificate, in the same manner as if such party so convicted had never been furnished with a certificate enabling him to practise as an apothecary; and such offender so deprived of his certificate shall be rendered and deemed incapable in future of receiving and holding any fresh certificate, unless the said party so applying for a renewal of his certificate shall faithfully promise and undertake, and give good and sufficient security, that he will not in future be guilty of the like offence.

VI. And be it further enacted, That each and every of them the said master and wardens for the time being, may, and they are hereby respectively empowered, by writing under his or their hands, to appoint any one or more of the said Court of Assistants to act as deputy master, or as deputy wardens, as the case may be, in all matters and things done or authorized to be done by the said master, or the said wardens, under and by virtue of the said recited charter or of this Act, and to remove such deputy master or deputy wardens so to be appointed from time to time, as the said master or the said wardens shall respectively think proper; and All acts, matters, and things which shall be lawfully done by the said deputy master or deputy wardens so to be appointed as aforesaid, as the case may be, shall be as good, valid, and effectual as if the same were done and performed by the said master and wardens respectively.

VII. And whereas much mischief and inconvenience has arisen from great numbers of persons in many parts of England and Wales exercising the functions of an apothecary, who are wholly ignorant and utterly incompetent to the exercise of such functions, whereby the health and lives of the community are greatly endangered, and it is become necessary that provision should be made for remedying such evils; be it therefore further enacted, That the said master, wardens, and Society of the art and mystery of Apothecaries of the city of London, incorporated by the said recited charter of His Majesty King James the First, and their successors, shall be and they are hereby appointed and constituted, directed and empowered for ever to superintend the execution of the provisions of this Act, and to enforce and carry the several regulations and provisions thereof, in relation to the several persons practising the art or mystery or profession of an apothecary throughout England and Wales, and all other the purposes of this Act, into full execution.

VIII. And be it further enacted, That no act of the said master, wardens, and Society of Apothecaries, incorporated as aforesaid, for the carrying any of the powers and provisions of this Act into execution, shall be or be deemed to be good or valid (save and except as to such acts as shall be done by the said master, wardens, and assistants, or others appointed by them, or any of them, as hereinbefore is provided, in pursuance of the powers and authorities hereinbefore given to them to enter into shops to search for, examine, and destroy unwholesome drugs or medicines, and also save and except as to such acts as shall be done by the said Court of Examiners, or the major part of them present, or by the five apothecaries hereinafter mentioned, or the major part of them present, in pursuance of the authorities hereinafter given to them), unless the same be done at some assembly or meeting to be holden by the said master, wardens, and Society, in the ball of the said Society; and that all the powers and authorities by this Act granted to or vested in the said master, wardens, and Society as aforesaid, shall and may from time to time be exercised by the master, wardens, and assistants of the art and mystery of Apothecaries aforesaid for the time being, or by the major part of them present, who shall attend at any such assembly or meeting to be holden as aforesaid, the number present at such assemblies or meetings not being less than thirteen, of which the said master for the time being shall always be one; and all the orders and proceedings of the said master, wardens, and assistants for the time being, or of such major part as aforesaid, shall have the same force and effect as if the same were made or done by the said master, wardens, and Society of Apothecaries incorporated as aforesaid.

IX. And be it further enacted, That for the purposes of this Act, so far as the same regards the examination of apothecaries and assistants to apothecaries, twelve persons properly qualified, as hereinbefore is mentioned, shall be chosen and appointed by the said master, wardens, and assistants for the time being (who are hereby authorized and empowered to choose and appoint such persons, and to remove or displace them from time to time, as they the said master, wardens, and assistants for the time being shall deem advisable); and inch persons, when so chosen and appointed, or any seven of them, shall be and be called the Court of Examiners of the Society of Apothecaries; and such Court of Examiners, or the major part of them present at any meeting, shall have full power and authority, and are hereby authorized and empowered, to examine all apothecaries, and assistants to apothecaries, throughout England and Wales, and to grant or refuse such certificates as hereinafter is mentioned; and such Court of Examiners, or the major part of them, shall, and they are hereby required to meet and assemble in some convenient room in the hall of the said Society, once at least in every week, for the purpose of such examination, and then and there to examine all persons applying to be examined, and duly qualified so to be by virtue of this Act.

X. And be it further enacted, That at any such meetings of the said Examiners a chairman shall and may be appointed; and when and so often as it shall so happen that there shall be an equal number of votes upon any one question (including the vote of the said chairman), then and in such case it shall and may be lawful to and for the said chairman to give the casting or decisive vote.

XI. And be it further enacted, That no person shall be capable of acting as an examiner under and by virtue of this Act, until he shall have taken and subscribed the following oath:

I, A. B. do solemnly promise and swear [or, being one of the people called Quakers, do solemnly affirm], That I will faithfully, impartially, and honestly, according to the best of my skill and knowledge, execute the trust reposed in me by the master, wardens, and Society of the art. and mystery of Apothecaries of the city of London, as an Examiner, in the examination of every person who shall come before me to be examined as to his fitness or qualification to act as an apothecary, or assistant to an apothecary, as the case may be, and that without favour, affection, prejudice, or malice. So help me GOD.

Which oath or affirmation the said master, wardens, or court of assistants, or the major part of them, are hereby authorized and required to administer.

XII. And be it further enacted, That all persons so to be chosen and appointed examiners as aforesaid shall continue in office for the space of one year from the time of their appointment (except in case of death, or being removed or displaced by the said master, wardens, and assistants as aforesaid) : Provided always, that it shall and may be lawful to and for the said master, wardens, and assistants, to choose and appoint any such person or persons going out of office again to be an examiner or examiners as aforesaid, if they the said master, wardens, and assistants shall deem it advisable so to do.

XIII. And be it further enacted, That in case any person or persons so to be chosen and appointed shall happen to die during the time he or they shall continue to be an examiner or examiners, or be removed or displaced as aforesaid, then it shall and may be lawful for the said master, wardens, and assistants, to choose and appoint any other person or persons, properly qualified to be an examiner or examiners as aforesaid, in the room of the person or persons so dying, or removed, or displaced as Aforesaid; and every person or persons so chosen and appointed shall continue in office for such time, and no longer, as the person or persons in whose room or stead be or they shall be so chosen and appointed would have continued in office.

XIV. And to prevent any person or persons from practising as an apothecary without being properly qualified to practise as such, be it further enacted, That from and after the first day of August one thousand eight hundred and fifteen it shall not be lawful for any person or persons (except persons already in practice as such) to practise as an apothecary in any part of England or Wales, unless he or they shall have been examined by tile said Court of Examiners, or the major part of them, and bare received a certificate of his or their being duly qualified to practise as such from the said Court of Examiners, or the major part of them as aforesaid, who are hereby authorized and required to examine all person and persons applying to them, for the purpose of ascertaining the skill and abilities of such person or persons in the science and practice of medicine, and his or their fitness and qualification to practise as an apothecary; and the said Court of Examiners, or the major part of them, are hereby empowered either to reject such person or persons, or to grant a certificate of such examination, and of his or their qualification to practise as an apothecary as aforesaid: Provided always, that no person shall be admitted to such examination until he shall have attained the full age of twenty-one years. XV. Provided always, and be it enacted, That no person shall be admitted to any such examination for a certificate to practise as an apothecary, unless he shall have served an apprenticeship of not less than five years to in apothecary, and unless he shall produce testimonials to the satisfaction of the said Court of Examiners, of a sufficient medical education, and of a good moral conduct. XVI. And be it further enacted, That every person intending to qualify himself under the regulations of this Act to practise as an apothecary in any part of England or Wales shall give notice to the clerk of the said master, wardens, and Society of Apothecaries as aforesaid, of his intention so to do, who shall notify the same to the said master, wardens, and Society of Apothecaries as aforesaid; and the person so intending to qualify himself shall present himself at the meeting held by the said Court of Examiners next succeeding such notice, and shall undergo such examination by the said Court of Examiners as aforesaid, or at some other meeting, as shall or may be appointed and fixed upon by the said master, wardens, and Society of Apothecaries, or by the said Court of Examiners, or the major part of them as aforesaid, for that purpose.

XVII. And be it further enacted, That from and after the first day of August one thousand eight hundred and fifteen it shall not he lawful for any person or persons (except the persons then acting as assistants to any apothecaries as aforesaid, and excepting persons who hare actually served an apprenticeship of five years to an apothecary) to act as an assistant to any apothecary, in compounding or dispensing medicines, without undergoing an examination by the said Court of Examiners, or the major part of them, or by five apothecaries so to be appointed as hereinafter is mentioned, and obtaining a certificate of his or their qualification to act as such assistant from the said Court of Examiners, or the major part of them, or from the said five apothecaries, who are hereby authorized and empowered to examine all persons applying to them for that purpose, and to grant a certificate of such fitness and qualification.

XVIII. And be it further enacted, That for the purposes of this Act it shall and may be lawful to and for the said master and wardens for the time being, or to and for the said Court of Examiners, by writing under their hands, from time to time to appoint five apothecaries in any county or counties respectively throughout England and Wales, except within the said city of London, the liberties or suburbs thereof, or within thirty miles of the same, to act for such county or counties, or any other county or counties near or adjoining, and to remove or displace them from time to time, as they the said master and wardens, or the said Court of Examiners, shall deem advisable; and such five apothecaries so to be appointed respectively as aforesaid, at any meeting to be held by them as hereinafter mentioned, shall have full power and authority, and are hereby authorized and empowered, to examine all assistants to apothecaries throughout the county or counties in regard of which such apothecaries shall hare been so appointed as aforesaid, and to grant or refuse such certificates to every such assistant to apothecaries as hereinbefore is authorized in that behalf; and a meeting of the said apothecaries, for the purposes aforesaid, shall be held monthly in the county town of some one of the counties for which they shall have been appointed to act as aforesaid; and that no Act of such apothecaries shall be or be deemed to be good or valid, unless the same be done at some such meeting; and that all the powers and authorities by this Act granted to or vested in such five apothecaries shall arid may from time to time be exercised by the major part of them who shall attend at any meeting to be holden as above directed, the number of such apothecaries present at any such meeting not being less than three; and all the orders, directions, and certificates of the major part of such apothecaries present at any such meeting shall have the same force and effect as if the same were made, done, or signed by all the said five apothecaries for the time being; and at every such meeting of the said apothecaries a chairman shall and may be appointed, and when and so often as it shall so happen that there shall be an equal number of votes upon any one question (including the vote of the said chairman), then and in such case it shall and may be lawful to and for the said chairman to give the casting or decisive vote.

XIX. And be it further enacted, That the sum of ten pounds ten shillings shall be paid to the said master, wardens, and Society of Apothecaries, for every such certificate as aforesaid, on obtaining the same, by every person intending to practise as an apothecary within the city of London, the liberties or suburbs thereof, or within ten miles (16 km) of the same city; and the sum of six pounds six shillings by every person intending to practise as an apothecary in any other part of England or Wales (except the said city of London, the liberties or suburbs thereof, or within ten miles (16 km) of the said city); and no person having obtained a certificate to practise as an apothecary in any other part of England or Wales (except the said city of London, the liberties or suburbs thereof, or within ten miles (16 km) of the said city as aforesaid), shall be entitled to practise within the said city of London, the liberties or suburbs thereof, or within ten miles (16 km) of the said city, unless and until he shall have paid to the said master, wardens, and Society, the further sum of four pounds four shillings, in addition to the said sum of six pounds six shillings so paid by him as aforesaid, and shall have had indorsed on his said certificate, a receipt from the said master, wardens, and Society for such additional sum of four pounds four shillings; and the sum of two pounds two shillings by every assistant; and the several sums of money arising from the granting of such certificates shall be applied in manner hereinafter directed.

XX. And be it further enacted, That if any person (except such as are then actually practising as such) shall, after the said first day of August one thousand eight hundred and fifteen, act or practise as an apothecary in any part of England or Wales, without baring obtained such certificate as aforesaid, every person so offending shall for every such offence 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 an apprenticeship as aforesaid) 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 aforesaid, every person so offending shall for every such offence forfeit and pay the sum of five pounds.

XXI. And be it further enacted, That no apothecary shall he 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 apothecary 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.

XXII. Provided always, and he it further enacted, That if the said Court of Examiners, or the major part of them, having examined any person or persons applying to qualify himself or themselves to practise as au apothecary, or if they, or the said five apothecaries so to be appointed for any county or counties as aforesaid, having examined any person or persons applying to qualify himself or themselves to practise as an assistant to an apothecary, in compounding and dispensing medicines, shall see cause to refuse such certificate as aforesaid to any such person or persons so applying to qualify himself or themselves as an apothecary or assistant as aforesaid; yet it shall and may be lawful for such person or persons who shall be so refused, to apply at any future time to be again examined, so that such second application by any person or persons applying to qualify himself or themselves as an apothecary be not within six months of such first examination, and so that such second application by any person or persons applying to qualify himself or themselves as an assistant be not within three months of such first examination ; and if on such re-examination he or they shall appear to the persons examining to be then properly qualified, it shall and may be lawful for the said Court of Examiners, or to and for the said five apothecaries in any county or counties as aforesaid, to grant such person or persons so applying such certificate as aforesaid.

XXIII. Provided always, and be it further enacted, That the said master, wardens, and Society of Apothecaries, do make annually, and cause to be printed, an exact list of all and ever; person who shall in that year hare obtained a certificate to practise as an apothecary, with their respective residences attached to their respective names.

XXIV. And be it further enacted, That all and every sum or sums of money which shall be received or arise from the granting of the certificates of examination hereinbefore required; shall belong to and be appropriated and disposed of by the said master, wardens, and Society of Apothecaries as aforesaid, in such manner as they shall, from time to time, direct and deem most expedient.

XXV. And be it further enacted, That all sum and sums of money arising from conviction and recovery of penalties for offences committed against the authorities and provisions of this Act, shall be applied and disposed of in manner following; (viz.) One half thereof to the informer or informers, and one half thereof to the said master, wardens, and Society of Apothecaries as aforesaid, to be appropriated and disposed of by them in such manner as they shall deem most expedient.

XXVI. And be it further enacted, That all penalties and forfeitures by virtue of this Act imposed (the manner of levying and recovering whereof is not otherwise hereby particularly directed) shall, if such penalties and forfeitures shall exceed the sum of five pounds, be recovered by action or suit at law, in the name of the master, wardens, and Society of the art and mystery of Apothecaries of the city of London, in any of His Majesty's courts of record in England or Wales, wherein no essoign, protection, or wager at law, or more than one imparlance, shall be allowed ; and if such penalty or forfeiture shall amount to less than the sum of five pounds, then the same shall be levied and recovered by distress and sale of the goods and chattels of the offender, by warrant under the hand and seal of any justice of the peace acting for any county, city, town-, or place where the offence shall be committed (which warrant such justice is hereby empowered and required to grant upon the confession of the party, or upon the evidence of any credible witness upon oath, and which oath such justice is hereby empowered to administer); and the overplus (if any) of the money arising by such distress and sale shall be returned upon demand to the owner of such goods and chattels, after deducting the costs and charges of making, keeping, and selling the distress; and in case sufficient distress shall not be found, or such forfeitures and penalties shall not be paid forthwith, it shall be lawful for such justice, and he is hereby authorized and required, by warrant under his hand and seal, to cause the offender to be committed to the common gaol for the county, city, town, or place, where the offence shall be committed, there to remain without bail or mainprize, for any time not exceeding one calendar month, unless such penalties and forfeitures, and costs, shall be sooner fully paid and satisfied.

XXVII. And be it further enacted, That where any distress shall be made for any sum of money to be levied by virtue of this Act, the distress itself shall not be deemed unlawful, nor the party or parties making the same be deemed a trespasser or trespassers, on account of any defect or want of form in the notice or information, summons, conviction, warrant, or distress, or other proceeding relating thereto; nor shall the party or parties distraining be deemed a trespasser or trespassers ab initio, on account of any irregularity which shall be afterwards done by the party or parties so distraining; but the person or persons aggrieved by such irregularity may recover fall satisfaction for the special damage in an action upon the case. XXVIII. Provided always, and be it further enacted, That nothing in this Act contained shall extend, or be construed to extend, to prejudice, or in any way to affect the trade or business of a chemist and druggist, in the buying, preparing, compounding, dispensing, and vending drugs, medicines, and medicinable compounds, wholesale and retail; but all persons using or exercising the said trade or business, or who shall or may hereafter use or exercise the same, shall and may use, exercise, and carry on the same trade or business in such manner, and as fully and amply to all intents and purposes, as the same trade or business was used, exercised, or carried on by chemists and druggists before the passing of this Act.

XXIX. Provided always, and be it further enacted, That nothing in this Act contained shall extend or be construed to extend to lessen, prejudice, or defeat, or in anywise to interfere with any of the rights, authorities, privileges, and immunities heretofore vested in and exercised and enjoyed by either of the two Universities of Oxford or Cambridge, the Royal College of Physicians, the Royal College of Surgeons, or the said Society of Apothecaries respectively, other than and except such as shall or may have been altered, varied, or amended in and by this Act, or of any person or persons practising as an apothecary previously to the first day of August one thousand eight hundred and fifteen; but the said Universities, Royal Colleges, and the said Society, and all such persons or person, shall have, use, exercise, and enjoy all such rights, authorities, privileges, and immunities, save and except as aforesaid, in as full, ample, and beneficial a manner, to all intents and purposes, as they might have done before the passing of this Act, and in case the same had never been passed.

XXX. Provided always, and be it further enacted, That no action or suit shall be brought or prosecuted against any person or persons, body or bodies politic, corporate, or collegiate, for any thing done in pursuance of this Act, after six calendar months next after the fact committed; or in case there shall be a continuation of damages, then after six calendar months next after the doing or committing such damage shall have ceased, and not afterwards; and every such action or suit shall be laid and brought in the county where the matter in dispute shall arise, and not elsewhere; and the defendant and defendants in every such action or suit shall or may, at his, her, or their election, plead specially the general issue, and give this Act and the special matter in evidence at any trial to be had thereupon, and that the same was done in pursuance and by the authority of this Act; and., if it shall appear to have been so done, or if any such action or suit shall have been brought before twenty-one days notice shall have been given, or sufficient satisfaction made or tendered as aforesaid, or shall be brought in any suit in any other county or place than as aforesaid, then and in every such case the jury shall find for the defendant or defendants; and upon such verdict, or if the plaintiff or plaintiffs shall become nonsuit, or suffer a discontinuance of his, her, or their action or suit, after the defendant or defendants shall have appeared, or if a verdict shall pass against the plaintiff or plaintiffs, or if upon demurrer or otherwise judgement shall be given against the plaintiff or plaintiffs, then the defendant or defendants shall have double costs, and shall have such remedy for recovering same as an defendant hath for recovering costs of suit in any other cases by law.

XXXI. And be it further enacted, That this Act shall be deemed and taken to be a public Act, and shall be judicially taken notice of as such by all judges, justices, and others, without being specially pleaded.