Page:Ruffhead - The Statutes at Large - vol 5.djvu/549

 A.D. 1723. Anno decimo'GEoRGi 1 Regis. C. 20. 503 by the fame good, lawful and available to the faid Body Politick, and their Succc/Tors for ever, in as ample and larj.e Manner as may be taken, thought and conftrued by the fame: And whereas by one Recital of Aft other Act of Parliament made in the thirty-fecond Year of the Reign of the faid King Henry the 3 lH - 8- c -4°- Eighth, intituled, For Phyficians and their Privileges, It is amongft other Things enaclcd, ordained and eftablifhed for the Common Wealth and Surety of the Subjedts of this Realm, That the Prefident for the Time being, Commons and Fellows of the faid Corporation, and their Succefiors, might yearly, at fuch Time as they fhall think moil: meet and convenient for the fame, elect and choofe four Pcrfons of the faid Commons and Fellows of the beft learned, wifeft and mod difcreet, fuch as they fhould think convenient, and have Experience in the faid Faculty of Phyfick ; and that the faid four Pcrfons fb elected and chofen, after a corporal Oath to them miniftred by the faid Prefident or his Deputy, fhould and might by Virtue of that Act have full Authority and Power, as often as they fhould think meet and convenient, to enter into the Houfe or Houfes of all and every Apothecary then or at any Time then after ufing the Myftery or Craft of Apothecary within the faid City, only to fearch, view and fee fuch Apothecary Wares, Drugs and Stuff, as the Apothecaries or any of them had, or at any Time then after fhould have in their Houfe or Houfes, and all fuch Wares, Drugs and Stuffs as the faid four Pcr- fons fhould then find defective, corrupted and not meet nor convenient to be miniftred in any Midicines for the Health of Man's Body, the fame four Perfons, calling to them the Wardens of the faid Myftery of Apothecaries within the faid City for the Time being, or one of them, fhould caufe to be burnt or otherwife deftroy the fame, as they Ihould think meet by their Difcretion ; and if the faid Apothecaries or any of them, at any Time then after fhould obftinately or willingly refufe or deny the faid four Pcr- fons yearly elected and chofen as is aforefaid, to enter into their faid Houfe or Houfes for the Caufes, Intent and'Purpofe before rehearfed ; that they and every of them fo offending, contrary to the faid laft recited Act, for every Time that he or they fhould fo offend, to forfeit one hundred Shillings ; the one Half to his Majefty, and the other Half to him that fhould fue for the fame, by Action of Debt, Bill, Plaint or Information, in any of the King's Courts, wherein no Wager of Law, Effoin or Protection fhould be allowed : And whereas by one other Act made in the firft Year of the Reign of Queen Mary, Recital of Aft intituled, An del touching the Corporation of the Phyftcians in London, It is amongft other Things enacted, ' Ma, 7> Seff> *« for the better Execution of the Search and View of Poticary Wares, Drugs and Compofitions, accord- c ' 9 ' ing to the Tenour of the faid Statute, made in the thirty-fecond Year of the Reign of the faid King Henry the Eighth, That it fhould be lawful for the Wardens of the Grocers or one of them, to go 3- H ' %■ c - 4°- with the faid Phyficians in their View and Search, and that if the faid Warden or Wardens fhould re- fufe or delay his or their coming thereunto forthwith and immediately, when the faid Prefident, or four of his College elect as aforefaid, fhould call upon him or them, that then the faid Phyficians might and fhould execute that Search and View, and the due Punifhment of the Poticaries for any of their evil and faulty Stuff, according to the Statute therein laft before mentioned, without the Affiftance of any of the faid Wardens ; any Claufe in the faid therein aforenamed Statute to the contrary thereof notwith- ftanding: And every fuch Perfon or Perfons as would or fhould refift fuch Search, fhould forfeit for every fuch Refiftance ten Pounds, the fame Penalty to be recovered in the Manner in the fame Act mentioned : And it is thereby further enacted, That all Juftices, Mayors, Sheriffs, Bailiffs, Confta- b]es and other Minifters and Officers within the City and Precincts above written, upon Requeft to them made, fhould help, aid and affift the Prefident of the faid College, and all Perfons by them, from. Time to Time, authorized for the due Execution of the faid Acts or Statutes ; upon Pain for not giving of fuch Aid, Help and Affiftance, to run in Contempt of the Queen's Majefty, her Heirs and Succeffors, as by the faid feveral recited Statutes may appear.' ' II. And whereas it has been found by Experience, That the faid feveral recited Statutes, and the Powers thereby given to the faid College of Phyficians, and fuch four Perfons chofen by them as afore- faid, have been very beneficial to the Subjects of this Realm; but neverthelefs divers other Apotheca- riet, dwelling in the Suburbs of the faid City, and in Places in the Country within feven Miles Circuit of the fame City, and alfo divers other Perfons, as well as Apothecaries, inhabiting within the faid City of London, or feven Miles Circuit of the fame City, do fell Drugs, Oils, Waters and Compofitions ufed or to be ufed for Medicines, which ought to be viewed, fearched and examined, as well as thofe prepared and fold by the Apothecaries, and the want of fufficient Powers for that Purpofe may be very detrimental to the Plealth of his Majefty's Subjects :' For remedying whereof, Be it enacted, Uc. EXP. The Cenfors of the College, calling to their Affiftance the Wardens of the Apothecaries, may in the Day-time enter into any Apothecaries, &c. Shop within {even Miles of London, to examine the A4edi- cines, and may deftroy all Drugs, &c, not meet to be ufed in Medicine. If the faid Wardens refute to go with the Cenfors, then they may execute their Power without them. If the Cenfors adjudge any Sec-fartbirem- Medicines to be defective, and any Perfon appeal to the Prefident and Fellows, the Cenfors are to "'"£'? D f" s caufe the Drugs, &c. and their Reafons for condemning them, to be put into a Box, and carried to ^ q° c ' ^ £ l the College. An Aflembly of the Prefident and Fellows to be fummoned within 14 Days, who are to ^Cm.z.c, it examine the Drugs, &c. and finally determine. If the Cenfors Judgment be confirmed, the Drugs, fif 35. &c. to be burnt before the Owner's Door. If the Affembly do not confirm the Cenfors Judgment, the Drugs to be returned to the Place where they were found. Refilling Search forfeits 10I. General Iffue. Not to extend to Medicines made by Virtue of any Letters Patent. Perfons cenfured by the Cenfors, mav appeal to the Prefident and Fellows, whofe Judgment fhall be final. Continuation for -3 Years, &c." Anno