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ROYAL COLLEGE OF PHYSICIANS ACT 1761
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CHAPTER XIV.
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An Act for preventing Frauds and Abuses in the vending, preparing, and administring Drugs and Medicines.
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9 G. 2. 10. 19 G. 2. 15. 21 G. 2. 7. 32 H. 8.40. Eng. 10 G. 1. 20 Eng.
College of physicians may enlarge their number by election from time to time,
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WHEREAS many most dangerous and destructive frauds and abuses are daily committed in the vending, preparing, and administring of drugs and medicines: for remedy whereof, 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 from and after the first day of May in the year of our Lord one thousand seven hundred and sixty two, the presidents, censors, and fellows of the King and Queen's college of physicians, Ireland, shall have full power and authority to enlarge the number of their body by admitting into the fellowship of their body such and so many other learned and worthy doctors of physick, as the said president, censors, and fellows of the said college of physicians shall from time judge necessary and fit to be admitted upon due examination by election of the said college of physicians.
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And appoint 4 members inspectors of elaboratories, shops, &c. of vendors of drugs or medicines in Dublin and 10 miles.
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>II. And be it further enacted by the authority aforesaid, That the said president, censors, and fellows of the said college of physicians, may have full power and authority to elect and appoint four of the fellows or members of their body to be inspectors and examiners of all elaboratories, shops, ware, or store-houses, cellars, vaults, room or rooms, and of all other repositories of what kind or name soever they may be, in the house or houses or other place or places belonging to any apothecary, chemist, or druggist, or other person or persons whatsoever, who now do or hereafter shall import for sale, or buy and sell, or keep for that purpose, or who prepare, administer, or sell, or keep for those purposes, any drug, or simple or compound medicine, of what nature or denomination soever, which is or may be used as medicine for the health of man's body within the city of Dublin, and ten miles circuit thereof.
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And in three days after write notice thereof to corporation of apothecaries, to elect and return to the college 2 assistants in 3 days,
such assistants may be approved or excepted against by the college;
if either or both objected to, the corporation on like notice shall make new election and return.
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>III. And be it further enacted by the authority aforesaid, That the said college of physicians shall, within three days after electing the inspectors or examiners aforesaid, give notice in writing to the master and wardens of the corporation of apothecaries of the city of Dublin, that the said college has chosen four of its members as inspectors and examiners of drugs and medicines pursuant to this act, and requiring the said corporation to elect and appoint two of the most skilful and honest apothecaries of their said corporation as assistants to the said examiners, and to return their names and places of abode to the said college of physicians within three days after such notice shall be given in writing as aforesaid; which said election or appointment of two assistant apothecaries shall nevertheless be subjected to be excepted against or approved of by the said college of physicians; and that whensoever the said college of physicians shall object to the return of both or either of the assistant apothecaries, made to them as aforesaid, the said corporation of apothecaries shall be obliged, upon notice from the said college of physicians as aforesaid, to come to a new election and nomination, and to make a new return as aforesaid, in the room of both or either of the persons, so disapproved of by the said college of physicians.
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On neglect by the corporation or assistants, examinators may proceed without them.
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>IV. Provided always, and be it further enacted by the authority aforesaid, That if the said corporation of apothecaries should neglect to elect, appoint, or return such assistant apothecaries; or in case the said elected, appointed, or returned, or assistant apothecaries should refuse or neglect to come to the said physicians upon due notice as aforesaid, it may and shall be lawful for the said examining physicians to proceed without them.
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Said four physicians shall be visitors and examiners of shops, &c. and drugs, in Dublin or 10 miles,
the two apothecaries, so returned and approved, shall be assistants therein.
Examiners and assistants to serve a year: not afterwards in 3 years, without consent.
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>V. And be it further enacted by the authority aforesaid, That the four physicians, appointed by the said college of physicians as aforesaid, shall be the visitors, inspectors, and examiners of the shops, ware-houses, store-houses, elaboratories, rooms, cellars, vaults, or other places or repositories, where drugs, or simple or compound medicines, of any denomination or kind whatsoever, are made, prepared, administered, or exposed to sale, or kept for that purpose, and the examiners of all such drugs and medicines, as shall be found therein within the city of Dublin or liberties thereof, or within ten miles circuit thereof; and that the said two apothecaries returned by the corporation of apothecaries, and approved of by the said college of physicians, shall be assistants to the said four physicians in the execution of the powers herein after granted by this act; which said four inspectors and examiners with the said two assistant apothecaries shall serve for one year only, and not to be liable to be appointed again for three years after without their own consent.
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The college may summon said examiners and assistants, and administer an oath.
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>VI. And be it further enacted by the authority aforesaid, That it may and shall be lawful for the said president, censors, and fellows of the said college of physicians to summon before them the four fellows or other members of their body, appointed inspectors and examiners as aforesaid, and the said two apothecaries, appointed assistants as aforesaid, and to administer to each and every of them, the following oath:
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I A. B. do solemnly and sincerely promise and swear, that I will to the best of my knowledge, skill, and judgment, without hatred or evil will, without partiality, affection, favour, or fear, justly, equally, and faithfully discharge the trust, and execute the powers, vested in me by an act, intituled, An act for preventing frauds and abuses in the vending, preparing, and administring drugs and medicines.
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So help me God.
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Two examiners with one assistant, shall 4 times a year, or oftener if occasion, by day inspect shops, &c. and examine drugs, medicines, or chemical preparations:
if any appear unsound, adulterated, dishonestly or unskilfully prepared, to be seized and destroyed by the college beadle.
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>VII. And be it further enacted by the authority aforesaid, That the said examiners, or any two of them, with the said assistant apothecaries, or one of them, shall have full power and authority, and are hereby required, four times at least in the year or oftner, if they shall see occasion, in the day-time to enter and inspect all and every shop, ware or store-house, cellar, vault, room or rooms, elaboratories, or other repositories, of what kind or denomination soever, appertaining to apothecaries, chemists, druggists, or other person or persons whatsoever, who now do or hereafter shall buy and sell, expose to sale, or keep for that purpose, any manner of drugs, simple or compound medicines, used or to be used for medicines for the health of man's body, and therein strictly to search for, and fully and fairly to examine, the nature and quality of all and every kind of drug, simple or compound medicine, or chemical preparation, used or to be used for medicine as aforesaid; and in case the said examiners shall find in such search and inspection any kind of drug, simple or compound medicine, or chemical preparation, which to the best of their judgments shall appear unsound, corrupt, adulterated, or unfaithfully, dishonestly, or unskilfully compounded, or otherwise prepared so as to be rendered unwholesome or unfit to be used as medicine for the health of man's body, all and every drug and medicine by the said examiners adjudged corrupt or defective, as aforesaid, to condemn and seize upon, and see burned, or otherwise totally destroyed, by the hands of the beadle of the said college of physicians, or any other person or persons by the examiners for the time being appointed for that purpose.
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If owner of drugs so condemned appeals to the college, examiners shall weigh the drugs, and with the vessels; and their reasons in writing subscribed by them, put into a box and sealed by them and the owner if he pleases,
and committed to the beadle not exceeding 14 days;
within which the president shall summon an assembly,
whereof 4 days notice in writing to the owner, at the place where the drugs found,
said assembly (not less than five exclusive of examiners) in appellant's presence, if appearing, or without him, shall open the box, and determine of the drugs;
if the judgment confirmed by majority, examiners shall destroy the drugs and vessels before the doors where found:
said assembly first taking oath aforesaid.
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>VIII. Provided nevertheless, and be it further enacted by the authority aforesaid, That in case the said examiners, or the major part of them, shall condemn any drugs or medicines as unfit to be administred or used in medicine for the health of man's body, and that the owner or owners, possessor or possessors, of such drugs or medicines, or, in his absence, the person having the custody or chief care thereof, shall, before the burning or destroying thereof, insist that the same ought not to be burned or destroyed, and shall forthwith by writing under his or their hands appeal to and desire the judgment of the president, censors, and fellows of the said college of physicians in Dublin for the time being thereupon, then and in such case the said examiners shall cause the said drugs or medicines, so seized, to be weighed, and with the boxes, pots, glasses, or other vessels containing the same, and the reasons in writing for condemning thereof, subscribed by each of the said examiners condemning the same, to be then and there put into a box, and sealed with their respective seals of each of the said examiners, and the seal of the person or persons so insisting, if such person or persons shall think fit to put his or their seal thereto; which box, so sealed, the examiners for the time being shall commit to the care and custody of the beadle of the said college of physicians, where it shall remain for any time not exceeding fourteen days; within which time the president of the college of physicians shall summon an assembly or meeting of the censors, and other fellows and members of their college or body, in the usual manner of summoning such meetings or assemblies, whereof the owner or possessor of the said condemned drugs and medicines shall have four days notice in writing, to be given or left to or for the person or persons, by or for whom such appeal was made, at the place where the condemned drugs or medicines were found, that he or they may attend the said meeting, if he or they shall think fit; and that the president, censors, and fellows, so assembled, shall have power and authority, being no less in number than five, exclusive of the said examiners, to open such box from time to time in the presence of the person or persons, by or for whom such appeal was made, if he or they shall there appear, and in default of their appearance (due notice being given as aforesaid) then without him or them, and to proceed to examine, and finally determine concerning such drugs and medicines as aforesaid contained therein; and if the said president and assembly, being not less in number than as aforesaid, or the major part thereof, confirm and ratify the judgment of the said examiners, then the said examiners for the time being shall cause all such drugs and medicines as aforesaid, so condemned, and vessels containing the same, to be publickly burned, or otherwise destroyed, before the doors of the person or persons, in whose shop, elaboratory, ware-house, or room, the same were found, in such manner, and at such time, as the said examiners for the time being shall think fit and direct: provided the said president, censors, and fellows, shall first take the oath herein before prescribed, which the president is hereby required to take, and impowered and required to administer.
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If not condemned in 14 days, or if deemed good, returned without waste or damage.
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>IX. Provided always, and be it further enacted by the authority aforesaid, that if or in case the drugs or medicines, seized by the examiners, shall not be condemned within fourteen days by the said assembly or president, censors, and fellows, or shall be deemed sound and good, and meet to be administered as medicines for the health of man's body, that then the said drugs and medicines shall be immediately returned to the owner together with the boxes, pots, glasses, or other vessels, wherein the same are contained, safe and in good condition, without waste or other damage whatsoever.
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If examiners, assistants, or their servants, obstructed herein, penalty 20l.
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>X. And be it further enacted by the authority aforesaid, That in case any apothecary, chemist, druggist, or other person or persons, who now do or hereafter shall buy and sell, expose to sale, or keep for that purpose, any drug, simple or compound medicine, or chemical preparation, used or to be used for medicine, shall presume to obstruct, let, or molest the said examiners, or their assistant or assistants, beadle or beadles, or other servant or servants, in the execution of this act, or any part thereof, that every such offender in this case shall forfeit for every such offence the sum of twenty pounds.
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Said college may frame a code of drugs or simple medicines,
with rules for preparing them for physick and chirurgery,
and the vessels and utensils, and materials of which composed,
and measures, weights and scales, by which sold,
to be observed by apothecaries, &c.
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>XI. And for the better ascertaining the nature and qualities, and the doses, and uses, of all drugs, simple and compound medicines, and chemical preparations, be it further enacted by the authority aforesaid, That it may be lawful for the said president, censors, and fellows of the college of physicians for the time being, to frame and publish a code or pharmacopœia, containing a catalogue of such drugs or simple medicines, as they shall judge necessary for the prescriptions or uses of physicians and chirurgeons, together with forms and rules for preparing and compounding the same chemically and galenically, as they shall judge fit and necessary, for the practice of physick and chirurgery, directing not only the form and manner, but the various vessels and other utensils, and the materials of which such vessels or utensils shall be respectively made or composed, as also the measures, weights, and scales, by which all such medicinal drugs, preparations, and compositions shall be dispensed and sold; which said code or pharmacopœia shall be followed and observed by all and every apothecary, chemist, druggist, and other person or persons, who now do or hereafter shall prepare, administer, sell, expose to sale, or keep for that purpose, any kind of drug, simple or compound medicine, or chemical or other medicinal preparation whatsoever, throughout this kingdom.
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If apothecaries, &c. make or sell any other officinal preparations, or any extemporaneous prescription by other rules, utensils, measures, or weights, than so appointed,
penalty 10l.
unless where the contrary directed by a regular practitioner, and for his own use solely.
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>XII. And be it further enacted by the authority aforesaid, That if any apothecary, chemist, or druggist, or other person or persons, who now do or hereafter shall make, prepare, compound, sell, expose to sale, or keep for that purpose, any kind of drug, or medicinal preparation, or compound whatsoever, shall presume to make, prepare, compound dispense, or sell any other officinal preparations or compositions, or make up any extemporaneous prescription of any physician or chirurgeon in this kingdom, by any other form or rule, in any other utensils, or by any other measures or weights, than shall be so directed and appointed by the said college of physicians, such offender shall forfeit and pay for every such offence the sum of ten pounds sterling; unless where the contrary is or shall be directed by some regular practitioner, and that for his own private use solely.
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The utensils, measures, scales, and weights may be examined, and, if contrary to said code, or unlawful seised and destroyed;
saving appeal as aforesaid.
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>XIII. And be it further enacted by the authority aforesaid, That the aforesaid examiners may and shall examine the several utensils, measures, scales, and weights in all and every place or places, where any kind of drugs or medicinal preparations or compounds are sold, prepared, or compounded for sale, exposed to sale, or kept for that purpose, and seize and destroy all such utensils, measures, weights, and scales, as they shall find contrary to the rules or directions of the said code or pharmacopœia, or otherwise defective or unlawful; saving to the delinquent the benefit of an appeal to the college of physicians, as in the case of condemned drugs or medicines as aforesaid.
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Not to extend to importer of simple drugs, for sale, not preparing or retailing.
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>XIV. Provided nevertheless, That this act, or any part thereof, shall not be construed to extend to any merchant-adventurer, who shall import simple drugs or medicines for sale, and does not prepare, compound, or retail the same.
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To prevent abuses in remote parts,
chief magistrate, unless an apothecary, &c. and then the sheriffs, or 2 justices of any city, or 2 justices of a county, nearest to any town whose chief magistrate is an apothecary, &c. or where no magistrate may summon 2 or more doctors of physick, graduates, or licentiates, and administer the oath aforesaid,
who, with the chief magistrate, may inspect shops, &c. and examine, seize, destroy, as aforesaid;
saving appeal to the college.
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>XV. And for the better preventing and punishing frauds and abuses in the preparing, compounding, and vending of drugs and medicines in the more remote parts of this kingdom; be it enacted by the authority aforesaid, That it may and shall be lawful for the chief magistrate of every city, borough, or town corporate for the time being, unless he or they happen to follow the art, business, or occupation of an apothecary, chemist, or druggist, in all or any of their branches, and then for the sheriffs of any city, or any two justices of the peace of any city, or for any two justices of the peace of a county, who live nearest to any borough or any town, whose chief magistrate happens to follow the art, business, or occupation of an apothecary, chemist, or druggist, or in the towns, where no magistrate resides, to summon any two or more doctors of physick, graduates of Oxford, Cambridge, Edinburgh, or of any other university of Great Britain, Leyden, or Dublin, or licentiates of the King and Queen's College of Physicians in Ireland, and to administer to each and every of them the examiner's oath herein before mentioned; which physicians so summoned or sworn, being no less than two in number, with the chief magistrate of the city or town shall have full power and authority to search and inspect all and every shop, store or warehouse, elaboratory, or other repository, of all and every apothecary, chemist, and druggist, and of all and every person or persons, who now do or hereafter shall prepare, compound for sale, sell, expose to sale, or keep for that purpose, any kind of drug, simple or compound medicine, chemical or other preparation, used or to be used for medicine, and to examine all such drugs and medicines together with all the utensils, measures, scales, and weights, and to seize and destroy all such drugs and medicines, utensils, measures, scales, and weights, as they shall find, and adjudge unsound, adulterate, corrupt, unwholesome, defective, or otherwise unlawful; saving nevertheless to the party the benefit of an appeal to the college of physicians in Dublin.
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On appeal, a sample shall be sent by chief magistrate present to the college.
If judgment affirmed chief magistrate may destroy residue at offender's door on market-day,
and compel payment of 40s.
if not affirmed, shall in 24 hours publickly restore without waste or damage.
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>XVI. And in case the owner of any drug or medicine, or the person acting for him in his absence, shall appeal to the college of physicians, be it enacted by the authority aforesaid, That a sample or samples of the drug or medicine, so condemned, under the seal of the examiners, as well as the owner or owners, if he or they shall think proper, be sent with all convenient speed by the chief magistrate, present at such examination and condemnation, to the college of physicians in Dublin, who shall be fully impowered and authorized finally to determine the same. And in case the said college of physicians shall confirm the judgment of the said examiners, it may and shall be lawful for the chief magistrate to burn, or otherwise destroy, the rest and residue of the drugs and medicines, so seized, at the offender's door upon a market-day; and also to oblige the said offender to pay for the carriage of the said sample or samples, and appeal to the college of physicians, any sum, not exceeding forty shillings: but in case the said college of physicians shall not affirm the judgment of the said examiners on the condemnation of any drug or medicine, then within twenty four hours after the judgment of the college of physicians shall be known, the chief magistrate shall publickly restore the drugs and medicines, so condemned and seized, without waste or other damage.
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That marks may be set on offenders;
examiners, after every exercise of said powers, shall return to the college names and abodes of apothecaries, &c. whose shops, &c. visited,
with the condition of the drugs, utensils, scales, &c. and of drugs of importers or merchants.
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>XVII. And to the intent that marks may be set upon all and every person or persons offending in the preparing, administring, vending, importing, exposing to sale, or keeping for that purpose, for the satisfaction and safety as well of those who have occasion to consume, as of those who prescribe, medicines; be it further enacted by the authority aforesaid, That the several examiners, appointed by this act, may and shall make due returns, after every exercise of the powers vested in them by this act, to the president, censors, and fellows of the college of physicians in Dublin, setting forth the name and place of abode of every apothecary, chemist, druggist, or other person, whose shop, elaboratory, store or ware-house, or other repository, they have visited and examined, together with the state and condition of the drugs and medicines in all and every such shop, elaboratory, ware or store-house, or other repository, and how the same are furnished as well with drugs and medicines, as with fit utensils and lawful measures, scales, and weights, as also the state and condition of such drugs and medicines, as they have been called to examine in the hands of importers or merchants.
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No apothecary, &c. shall sell one medicine instead of another, without informing buyer, and the reason, if demanded,
nor substitute one ingredient for another, nor omit any ingredient in any composition or extemporaneous prescription, without leave of the college, or prescriber, or signifying it on the label, and the reason,
penalty 40s. before chief magistrate, or next justices, or judge of assize, where no civil magistrate.
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>XVIII. And whereas many fraudulent and unskilful apothecaries, chemists, or druggists, daily presume to sell one drug or medicine for another, as well as to omit sundry ingredients in shop-compositions and extemporaneous prescriptions, or to substitute one drug or medicine for another, to the great detriment of the buyers or patient, as well as the prescriber: for remedy whereof be it enacted by the authority aforesaid, That no apothecary, chemist, druggist, or other person or persons whatsoever, who now do, or hereafter shall prepare or compound, sell, or expose to sale, or keep for that purpose, any simple or compound medicine, chemical or other medicinal preparation whatsoever, shall from and after the commencement of this act sell any drug or medicine in the place or stead of another without informing the buyer thereof of the change, and the reason or necessity for so doing, giving the same in writing, if demanded. And that no apothecary, chemist, druggist, or other person or persons, who now do or hereafter shall prepare, dispense, or compound, sell, expose to sale, or keep for that purpose, any drug or medicine whatsoever, shall presume to substitute any one ingredient for another, or to omit or leave out any one ingredient in any officinal or other composition, or extemporaneous prescription, without the approbation or leave of the college of physicians in Dublin, or of the immediate prescribers of such composition or extemporaneous prescription in Dublin, or elsewhere, or without signifying on the cover or label of such medicine the omission or substitute, and the reason or necessity for making the same, under the penalty of forty shillings sterling for every such imposition, omission, or substitute, proved by the confession of the party, or by the oath of one or more credible witness or witnesses before the chief magistrate of the town, where such offence shall be committed, or before the next justices of the peace, or going judge of assize, where no other civil magistrate shall happen to be resident.
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The quantities of every ingredient in any recipe or prescription shall be written in words at length,
penalty 40s.
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>XIX. And in order to prevent the incertainties and dangers, which may attend the setting down the quantities of medicines in chemical and numeral characters in prescriptions; be it enacted by the authority aforesaid, That every physician, chirurgeon, or other person or persons, who now do or hereafter shall take upon him or them to prescribe internal or external remedies for the health of man's body in this kingdom, shall hereafter write or set down the quantity or quantities of all and every medicine or ingredient, whether simple or compound, which he or they shall prescribe in any recipe, formula, or prescription, in words at length, and not in chemical or numeral characters, under the penalty of forty shillings for every such omission.
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Physician, chirurgeon, &c. shall subscribe prescription with his name, or initial letters, and profession, and (if a physician) of the university, of which doctor or graduate; penalty 40s. if of the college, initial letters of his name sufficient.
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>XX. And be it further enacted by the authority aforesaid, That all and every physician, chirurgeon, or other person or persons taking upon him or them to prescribe medicines, whether for internal or external use or application for the health of man's body, shall subscribe every such prescription with his name or surname, or the initial letters of his name and surname, and with those also of his profession, whether physician or chirurgeon, and, if a physician, with the name or the initial letter of the name of the university or universities, of which he is a doctor, or other graduate in physick, under the penalty of forty shillings for every omission, unless he be a member of the royal college of physicians; in which case the initial letters of his name alone may be sufficient.
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To prevent promiscuous handling or preparing noxious drugs,
no arsenical preparation shall be kept, handled, &c. in the same, shop, &c. or morter, measure, or scales, where drugs kept, prepared, &c.
penalty 5l. every offence, or repetition thereof.
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>XXI. And in order to prevent the dangerous and destructive practice of the promiscuous keeping, handling, preparing, and vending sundry deletery or noxious drugs, not safely used or to be used as medicines, be it enacted by the authority aforesaid, That from and after the commencement of this act no apothecary, chemist, druggist, or other person or persons whatsoever, who now do or hereafter shall prepare, administer, or sell, expose to sale, or keep for that purpose, any drugs, simple or compound medicines, or chemical or other preparations, used or to be used for medicine, shall keep, handle, powder, or otherwise prepare, weigh, measure, or sell, expose to sale, or keep for that purpose, any arsenick, whether white or yellow arsenick, or orpiment, or red arsenick, or realgar, or any other arsenical preparation or composition, in the same shop, elaboratory, ware, or store-house, cellar, vault, room or rooms, or other place or places, or repositories, of what denomination or kind whatsoever, or in any morter, measure, or scales, where any drug, simple or compound medicine, chemical, or other preparation, used or to be used as medicines for the health of man's body, are kept, handled, dispensed, powdered, prepared, measured, weighed, sold, exposed to sale, or kept for these purposes, under the penalty of five pounds for every such offence, or repetition or continuance of such offence.
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Not to tinsel over or disguise, or mix medicines with brass or copper preparations, called Dutch metal, &c.
penalty 40s.
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>XXII. And for the better preventing the dangerous and destructive practice of tinselling, or covering, or otherwise disguising electuaries, bolus, pills, or other medicines, with unwholsome metallick leaves, or powders, be it enacted by the authority aforesaid, That no apothecary, chemist, druggist, or other person or persons, who now do or hereafter shall prepare, administer, sell, or expose to sale, or keep for that purpose, any drugs, simple or compound medicine, chemical or other medicinal preparation, shall henceforth presume to tinsel over, cover, or otherwise disguise, or mix with any electuary, bolus, pill, powder, or other drug or medicine, any leaves, powders, or other preparations of copper or brass, called Dutch metal, Dutch leaves, or Dutch gold, or under whatsoever denomination they may be known or called, under the penalty of forty shillings sterling for every such offence.
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Penalties recovered summarily before mayor, or chief magistrate, and recorder,
levied by distress, &c.
applied in Dublin by the college, in other places by chief magistrate, and examiners, to purchase medicines for the poor, and to informer.
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>XXIII. And be it further enacted by the authority aforesaid, That all the penalties inflicted by this act may be sued for and recovered in a summary way before the lord mayor and recorder of the city of Dublin, or the mayor, or other chief magistrate, and recorder, of any other city or town corporate, where such offences are or shall be committed, who are hereby impowered and authorized to hear and determine the same, and to levy such penalties by distress and sale of the offender's goods, returning the overplus to the owner (if any be) the charges of taking and disposing of the goods so distrained being first deducted; one moiety of which said penalties, when recovered, shall be applied by the college of physicians in Dublin, and by the chief magistrate and examining physicians in other cities and towns corporate, for the purchasing medicines for the use of the poor; and the other moiety thereof for the use of the informer. [Rep., Stat. Law Rev. (I.) Act, 1879.]
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General issue pleaded, &c. by persons sued for acting.
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>XXIV. Provided always and be it further enacted by the authority aforesaid, That if any person or persons shall at any time be sued or prosecuted for putting in execution any power or authority given by this act, or any part thereof, such person or persons shall or may plead the general issue, and give this act and the special matter in evidence. [Rep., as to actions in the Superior Courts, in general terms, 16 & 17 Vict. c. 113. s. 69.]
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This a publick act.
[Perpetual, 30 Geo. 3. c. 45. s. 11. (Ir.)]
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>XXV. And be it further enacted by the authority aforesaid, That this act shall be deemed, and taken, and is hereby declared, to be a publick act to all intents and purposes, and shall be judicially taken notice of and allowed as such in all courts within this kingdom by all judges and justices whatsoever without specially pleading the same: and that this present act shall continue in force for the term of three years, and from thence to the end of the then next session of Parliament, and no longer. [Rep., Stat. Law Rev. (I.) Act, 1879.]
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