The Sun.
London, England, 1846-12-24 00:00:00

THE QUALIFICATION OF
APOTHECARIES.

The Society of Apothecaries, entertaining an opinion,
which they have publicly expressed upon several occa-
sions, that a penal check upon the practice of medicine
by unqualified persons is indispensably necessary for the
protection of the public, and that the pecuniary penalty
imposed by the Apothecaries Act, is but ill adapted for
checking such practices, have long desired that a more
summary mode of proceeding against illegal practitioners
should be adopted; and they have advocated an altera-
tion of the law in this respect, whenever a favourable
opportunity for so doing has presented itself. A recent
decision of the Court of Queen's Bench, in a criminal
prosecution instituted against an attorney for practising
without qualification, seemed to lead to. the conclusion,
that notwithstanding the specific pecuniary penalty im-
posed upon unqualified persons practising as apothecaries,
such persons might be indicted criminally as for a mis-
demeanor. This decision appeared to the society to
suggest a mode of proceeding for checking the illegal
practice of medicine, which might be attended with such
important results that they determined to lose no time
in obtaining the highest legal opinions upon the subject.
They, therefore, laid a case before the law officers of the
Crown, and it will be found from the answers given to
the questions submitted to the Attorney and Solicitor-
General, in consultation with Mr. F. Robinson,:that it is
the opinion of those learned gentlemen that an indict-
ment will lie against a person who has practised as an
apoi iecary without legal qualification. The society
subjoin the questions proposed to counsel and their
answers thereto.

QUESTIONS.
1. Whether an indictment will lie against a person
wh, is practised as an apothecary without legal gush-
ficat,on, notwithstanding the particular penalty imposed
upon persons so practising by the 20th section of the
Act, and the disability imposed upon them by the 21st
section ? and, if you should be of opinion that an indict-
ment will lie?

2. In what courts, metropolitan or provincial, could
such an indictment be preferred ? and could it be pre-
ferred at the instance of a private prosecutor ?
3. Would it be competent for the Society of Apothe-
caries to prefer such an indictment, notwithstanding the
interest given to the society in the pecuniary penalties
imposed by the 20th section, and the particular remedy
given to the society for the recovery of such penalties ?
4. 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 qua-
lification ?

5. Can any more summary proceeding than an indict-
ment be resorted to, for the punishment of persons prac-
tising as apothecaries without legal qualification ?

ANSWERS,

1. We think that an indictment will lie against a per-
son who has practised as an apothecary without legal
qualification, notwithstanding the particular penalty im-
posed by the 20th section of the Act, and the disability
imposed by the 21st section.
2. The indictment may be preferred in any of the ordi-
nary criminal courts having cognisance 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.
3. We think it is competent for the Society of Apo-
thecaries to prefer the indictment.
4. The punishment, as-in case of other misdemeanors,
would be fine or imprisonment, or both, at the discretion
of the Court.

5. We are not aware that any more summary proceed-
ing than an indictment can be resorted to for the punish-
ment of persons practising as apothecaries without legal
qualification. _

JOHN JERVIS,
DAVID DUNDAS,

Temple, Nov. 23.

FREDERIC ROBINSON.

It is, perhaps, hardly necessary for the society to
point out the increased facilities which this mode of pro-
ceeding affords for putting the law in force against un-
qualified practitioners.
Instead of proceeding for the recovery of penalties
by a civil action, which in the case of a country
practitioner could only be tried at the spring
and summer assizes, an indictment may be preferred
at the quarter sessions and at the assiz7s also ;
and, instead of the power of proceeding against
unqualified practioners being restricted, as is the case of
the specific penalty imposed by the statute, to the S:)ciety
of Apothecaries, it will be competent for any person to
prefer an indictment who may be disposed to do so.
Another dist;nction between the two modes of proceed-
ing, which is likely to operate still more powerfully as a
check upon illegal practice, is this, that whereas an in •
dividual against whom a judgment for a penalty is ob-
tained, under the present form of proceeding, can re-
lieve himself from the consequences of his offence by ob-
taining his discharge under the Bankrupt or Insolvent
Acts, an individual found guilty on indictment of having
practised as an apothecary without legal qualification.
will punishable by fine and imprisonment, and will
have to undergo whatever measure of punishment the
Criminal Court may in its discretion award.
The society sincerely hope that a public intimation,
that the penalties of the law can now be enforced
aga,e.,t illegal practitioners of medicine more summarily
than heretofore, will deter all persons from prac-
tising as apothecaries who have not given such
evidence of their competency to practice as the
law demands. But if individuals who have not
possessed themselves of aiegal qualification will persist
in practising in the absence of such qualification, they
will do so at the risk of being criminally indicted for the
offence at the instance of any individual prosecutor who
may be induced to prefer an indictment against them.
The society on their part will be ready, as they have
ever been, to enforce the law to the extent of the moans
placed at their disposal, but those means are inadequate
to the institution of frequent prosecutions. It may,
therefore, be anticipated that indictments will be pre-
ferred at the instance of other parties ; and the society
take this opportunity of stating, that they will endea-
vour to render such experience as they may have ac-
quired in administering the Act of 1815 available in
furthering the ends of justice ;,and that they will be
prepared, upon proper application, to furnish any infor-
mation in connexion with the subject of illegal practice
which they may have it in their power to afford.
Apothecaries' Hall, Dec. 10.