APOTHECARIES ACT OF 1815, AND DECLARATORY ACT OF 1825.

4

APOTHECARIES ACT

OF

1815,

AND

CLARATORY ACT OF 1825.

DE-

We here lay before our readers the Apo,thecaries’ Act of 1815, together with the Declaratory Act which passed in the last Session of Parliament, as we shall have frequent occasion to refer to the former piece of legislation, and to expose the anomalies and absurdities with which it abounds. We almost regret that the Declaratory Act should have passed through parliament under the auspices of Mr. Brougham, because its main object is limited to giving certain facilities in the production of legal evidence; and, as it goes to remedy none of the radical defects of the Apothecaries’ Act/except one to which we shall presently allude, it might, perhaps, be too hastily inferred, that the general measure was sanctioned by the approbation of that enlightened statesman. The whole subject, however, will be brought before the legislature early in the next Session of Parliament, and as we shall have abundant opportunities of entering at length into its discussion, we shall on the present occasion, content ourselves with adverting to one or two of the most striking defects and absurdities in the Act of 1815. One of the most absurd and impolitic provisions of this Act, is that which compels an apprenticeship of five years before any person shall be admitted to an examination for a certificate to practise as an apothecary. This provision is conceived in the true spirit of a corporation of shopkeepers ; the medical student is thereby compelled to pass five of the most valua, ble years of his life, in a state of vassalage and ignorance behind a counter, before lie is admitted to an examination by the Worshipful Company-an examination compared with which that in the farce of MOLIERE ceases to be a caricature. This provision was as unjustas it was impolitic,

for its operation was retrospective, and it had the effect of excluding army and navy surgeons, to whom at the end of the war no other resource might present itself, but the exercise of their profession as general practitioners. There is a clause, however, in Mr. Brougham’s Declaratory Act, which enables Army and Navy surto practise as apothecaries, without

geons

having undergone

any examination, or received any certificate from the Worshipful Company. The preamble of the* Apothecaries’ Act ought, in consistency with its general tone and spirit,to have run" Whereas it is expedient to grant a monopoly to the Apothecaries’ Company," for there is scarcely a clause in the Act which is not manifestly framed with a view of putting money into the

pockets of these incorporated tradesmen. We will put it to the

common sense

of

any man, worshipful apothecary, whether the power given under this Act to a wholesale and retail trading company to enter the shops of any of their save a

fellow

tradesmen, to burn and destroy all such drugs as they may disapprove of, and to levy fines and penalties on the owners, is not liable to be converted into an instrument of vexation and oppression ? It is, of course, the interest of the Worshipful Traders to sell their own drugs, and it is their interest to look with a critical eye at all drugs which may be bought elsewhere, for it is carefully provided, " that one half of the penalties sball go to the master, wardens, and society of apothecaries, to be appropriated and disposed of by them in such manner as they shall deem most expedient." The conseqnence of this is, that a great proportion of the retail dealers in drugs, to avoid exposing themselves to the exercise of the inquisitorial powers vested in the company, prefer the minor evil of purchasing their commodities, at a surcharge of 20 per cent., from the Worshipful Traders.

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The examinations for certificates are,

informed, as anile and ridicu. lous as might be expected from the sex and attainments of the examiners; still, however, the Old Ladies of Apothecaries’ we

THE APOTHECARIES’ ACT OF 1815.

are

for better regulating the Praotice of Apothecaries throughout England and

.4n.Act

Wales. for WHEREAS his majesty King James the chance, by letters patent under the great here, again, it is carefully provided that First, seal of Great Britain, bearing date the all and every sum or sums of money sixth day of December, in the fifteenth which shall be received, or arise from the year of his reign, did for himself, his heirs successors, grant unto William Besse, granting of the certificates of examination, and and divers other persons therein named, shall belong, and be aporopriated, and dis- .and to all and singular other persons posed of by the master, wardens, and whomsoever, brought up and skilful in the mystery, or faculty of apothecaries, society of apothecaries, in such manner art, and exercising the same art, mystery, or as they shall deem most expedient. faculty, then being freemen of the mystery If public utility had been the object of of grocers of the city of London, or being freemen of any other art, mystery or fathis Act, it would be nugatory, for the culty in the said city of London (so as chemist and druggist, who compounds they had been brought up and were expert without administering medicines, is ex- in the art or mystery of apothecaries), that they, and all such mer. of the said cepted from its operation;* but it is art or mystery of apothecaries of and in in effect a private Act, and framed the said city of London and suburbs of for private porposes. It was projected the same, and within seven miles of the said city, might and should be one body by avarice, supported by intrigue, and corporate and politic, in substance, deed enacted by ignorance. It is high time and name, by the name of the master, and society of the art and mysthat the members of a liberal profession wardens, tery of apothecaries of the city of Lon- . should emancipate themselves from the don ; and did ordain and declare that by domination of a company of ignorant the same name they might have perpetual succession, and have, purchase, possess, and mercenary pharmacopolists, and we enjoy, and retain manors, messnages, shall use our most strenuous exertions lands, tenements, liberties, privileges, jurisdictions, and hereditaments to collect the feeling of the profession franchises, to them and their successors, in fee simple on this subject, before its discussion in and perpetuity, or for term of year or the next Session of Parliament. As years, or otherwise howsoever; and also-goods and chattels, and all other things the Declaratory Act is merely a tem- soever, of what name, nature, kind, quaporary measure, which is only to continue lity, or sort soever they should be ; and also that they might grant, demise, alien, in force for a year, we have thought it assign, and dispose proper to lay it before our readers at this ments, and hereditaments, and do and execute all and other aets and early period, that all, who have the ability things by the saidsingular name ; and that by the and the spirit to maintain their rights, said name of master, wardens, and society may in the interval have an opportunity of the art and mystery of apothecaries of the city of London, they should and might of adopting such measures as shall have be able to plead and be impleaded, and the effect, when the question is again dis- might have for ever a common seal, and cussed in Parliament, of placing the laws the same seal at their pleasure from time to time might break, change, alter, and affecting the Medical Profession of Eng- new make, as to them should seem best; land upon a secure and intelligible basis, and his said Majesty did by his letters patent ordain and grant unto the said master, wardens, and society of the art and mystery of apothecaries aforesaid, *’ We will expose the secret history of certain ordinances, rules, and regulations, this clause in a future Number. to be observed, kept, and maintained by them, as in the said charter are more fully

Hall have

an

eye to the main

of manors, lands,.tene-