Pharmaceutical formulas being a supplementary volume comprising a consolidation of the Medicine-stamp Acts (with historical notes), formulas for known, admitted, and approved remedies, an Australian hospitals formulary and many other recipes.

Date:
1904
Catalogue details

Licence: In copyright

Credit: Pharmaceutical formulas being a supplementary volume comprising a consolidation of the Medicine-stamp Acts (with historical notes), formulas for known, admitted, and approved remedies, an Australian hospitals formulary and many other recipes. Source: Wellcome Collection.

Provider: This material has been provided by UCL Library Services. The original may be consulted at UCL (University College London)

    622/664 (page 610)
    handbill wrapped round the bottle. Both the powder and the tincture of nux vomica were used and intended to be used for the purposes described in the respondents' book. The .homoeopathic tincture of nux vomica was the same as the tincture of nux vomica of the British Pharmacopoeia, except that the homoeopathic tincture was weaker. No evidence was called for the respondents. The respondents had not paid any duty in respect of either of the articles, and both were sold without the paper cover, wrapper, or label, provided and supplied by the Commissioners of Inland Revenue, and duly stamped, described in Section 2 of the Medicines-stamp Act, 1812. It was contended on behalf of the appellant that the respondents had contravened Section 2 of the Medicines-stamp Act, 1812, and that the articles should not have been sold by the respondents without the duly stamped paper cover, wrapper, or label, pasted, stuck, or affixed to the bottles and cardboard box, as described and required by that section. The respondents contended that they were within the special exemp- tions in the schedule of the Act of 1812, and even if they were not so, they had not contravened Section 2. The Justices held that the facts and circumstances stated disclosed no evidence of any offence against Section 2 of the Medicines-stamp Act, 1812, and dismissed both informations. The question for the opinion of the Court was whether the Justices were right in point of law in dismissing the informations. The appeal came before Mr. Justice Cave and Mr. Justice Collins, in the Divisional Court of the Queen's Bench Division of the High Court of Justice on May 30, 1894, when Mr. Danckwerts appeared for the ap- pellant (Mr. Hartley Smith, Inland Revenue officer), and Mr. T. Willes Chitty for the respondents. After hearing counsel, judgment was given in favour of the appellant. Mr. Justice Cave said : ' I am of opinion that this appeal must be allowed, and the case remitted to the Magistrates with an intimation of our opinion that they ought not to have dismissed the informations on the ground which they appear to have taken. The respondents contended that they were within the special exemptions of the schedule to the Act of 1812, and that, even if they were not, they had not contravened Section 2. The Justices held that the facts disclosed no evidence of any offence against Section 2, and dismissed both informations. I am of opinion that the Magistrates were wrong in taking that course. Take, first, the case of Dr. Gregory's powder. The Act of 1812, by the schedule, brings within its scope all powders to be used internally as medicines which shall be by any public notice or advertisement held out or recommended to the public by the vendors thereof as beneficial to the relief of any complaint. Gregory's powder is a powder to be used inter- nally as a medicine, and it was by public notice or advertisement held out or recommended to the public by the vendors as beneficial for the relief of many complaints. ■ It was contended on behalf of the respondents, first, that there was no public notice or advertisement, and, secondly, that to bring the case within the Act the notice or advertisement ought to have been affixed to or delivered with the medicine ; but on looking at page 10 of the respondents'price-list, which is annexed to the case, I find the following statement: Dr. Gregory's Stomachic Powder, composed of the finest Turkey rhubarb,