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APOTHECARIES' HALL ACT 1791
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CHAPTER XXXIV.
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An Act for the more effectually preserving the Health of His Majesty's Subjects, for erecting an Apothecary's Hall in the City of Dublin, and regulating the Profession of an Apothecary throughout the Kingdom of Ireland.
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Preamble,
persons herein named subscribed 100l. each, towards erecting a hall,
company of apothecaries to consist of a governor, deputy governor, 13 directors, and the subscribers.
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WHEREAS not only many but great inconveniencies have arisen from the want of an hall amply supplied with medicines of the purest quality, prepared under the inspection of persons well skilled in the art and mystery of such preparations, but also frequent frauds and abuses have been imposed and practised on many of his Majesty's subjects within the city of Dublin, and the liberties thereof, and in other parts of the kingdom of Ireland, by the ignorance and unskilfulness of divers persons pretending to the art and mystery of an apothecary, to the injury of the fair trader, the disappointment of the physician, and the imminent hazard of the lives of his Majesty's faithful and loyal subjects throughout the realm; and whereas the master, wardens, and commonalty of the corporation of apothecaries, and other apothecaries of the city of Dublin, have by their petition, humbly prayed that an act be passed, enabling them to raise a fund for the purpose of erecting such hall, with such clauses, powers, jurisdictions, and authorities as may in future prevent such frauds and abuses, and thereby tend to preserve the health of his Majesty's subjects; and in as much as Henry Hunt, Anthony Thompson, John Hastings, Peter Kelly, George Kiernan, Richard Magan, James Mc'Laughlin, Daniel Moore, John Pentland, Foden Perrin, Robert Powell, Stephen Reynolds, Charles Ryan, John Usher, and Richard Usher, have each subscribed the sum of one hundred pounds for the purpose of creating a fund for the erection of such hall, 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 henceforth, there shall be within the city of Dublin, and suburbs and liberties thereof, one company or fraternity of judicious apothecaries well skilled in preparing and compounding of medicines, to consist of one governor, a deputy governor, and thirteen directors, and the subscribers.
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Persons herein named incorporated as herein, they and their successors in perpetual succession.
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II. And it is hereby enacted, declared and constituted, That the said Henry Hunt, Anthony Thompson, John Hastings, Peter Kelly, George Kiernan, Richard Magan, James Mc'Laughlin, Daniel Moore, John Pentland, Foden Perrin, Robert Powell, Stephen Reynolds, Charles Ryan, John Usher, Richard Usher, and others, apothecaries of the said city of Dublin, are, and from henceforth shall remain one body corporate and company, in matter, deed, and name, by the name of the governor and company of the apothecaries hall of the city of Dublin, and them by that name one body politic and corporate, are hereby enacted, made, created, established, and confirmed, and by the same name they and their successors shall have perpetual succession.
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Company to have a seal,
and may alter it at pleasure, and may possess all estates and privileges,
and purchase, and dispose of all possessions, &c.
and sue and be sued by same name.
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III. And be it further enacted by the authority aforesaid, That it shall and may be lawful to and for the said body politic and corporate, by the name of the governor and company of the apothecaries hall, to have and use one common seal, for the use, business, and affairs of the said body politic and corporate, and their successors, and to break, alter, and to make anew their seal, from time to time, at their pleasure, and as they shall see cause, and by the same name they and their successors, in all times coming, shall be able and capable in law to have, take, purchase, receive, hold, keep, possess, enjoy, and retain to them and their successors, any manors, messuages, lands, rents, tenements, liberties, privileges, franchises, hereditaments, and possessions whatsoever, and of what kind, nature or quality soever, and also to purchase all goods and chattels whatsoever, and also to sell, grant, demise, alien, and dispose of the same manors, messuages, lands, rents, tenements, liberties, privileges, franchises, hereditaments, and possessions, goods and chattels, or any of them, and that by the same name they and their successors shall and may sue and implead, and be sued and be impleaded, answer and defend, and be answered and defended in courts of record, or any other place whatsoever, and before whatsoever judges, justices, officers, and ministers, in all and singular pleas, actions, suits, causes, and demands whatsoever, of what kind, nature or sort soever, and in as large, ample, and beneficial a manner and form as any other body politic and corporate, or any other liege people of Ireland, being persons able and capable in law, may or can have, take, purchase, receive, hold, keep, possess, enjoy, sell, grant, demise, alien, dispose, sue, implead, defend or answer, or be sued, impleaded, defended or answered in any wise, and shall and may do and execute all and singular other matters and things by the name aforesaid, that to them shall or may appertain to do, any law, usage, or custom now existing to the contrary in any wise notwithstanding.
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Apothecaries as herein described, on payment of 100l. each, declared members,
and entitled to all advantages, not to consist of more than 60.
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IV. And be it further enacted by the authority aforesaid, That all such judicious apothecaries resident in the city of Dublin, or within the suburbs or liberties thereof, or who have been heretofore apothecaries resident within the said city, suburbs, or liberties thereof, for the term of seven years, who shall hereafter subscribe a sum of one hundred pounds each respectively, shall be, and they are hereby enacted and declared to be members of the said corporation, and shall be entitled to all the benefits and advantages arising therefrom equally, and in as full and ample a manner as the said original subscribers; provided nevertheless, that the said company shall not at any one time consist of more than sixty members.
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There shall be for ever, from time to time a governor, &c. governor or deputy governor and 5 directors to form a court of directors;
Henry Hunt appointed governor, Anthony Thompson, deputy gov. names of directors, to continue in office until 1st Sept. 1792, and until others are chosen and sworn.
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V. And for the better ordering, managing, and governing the preparations, stock, or other affairs of the said corporation, and for the making and establishing a continued and perpetual succession of persons to be governors and directors of the said corporation; be it enacted by the authority aforesaid, and it is hereby enacted, ordered, and appointed, That there shall be from time to time for ever, of the members of the said company, a governor, deputy governor, and thirteen directors of, and in the said corporation, which governor, deputy governor and directors, or any five or more of them, of whom the governor or deputy governor, unless as is hereinafter excepted to be always one, shall be called a court of directors, for inspecting and directing all chemical and compound preparations and experiments, and for ordering, managing, and directing the affairs of the said corporation, and shall have such powers and privileges as are herein after mentioned, and Henry Hunt is hereby enacted, constituted, ordained and appointed the present and first governor, and Anthony Thompson, the present and first deputy governor, and John Hastings, Peter Kelly, George Kiernan, Richard Magan, James Mc'Laughlin, Daniel Moore, John Pentland, Foden Perrin, Robert Powell, Stephen Reynolds, Charles Ryan, John Usher, and Richard Usher, are hereby enacted, ordained, constituted, and appointed the present and first directors of the said corporation; and the said governor, deputy governor, and directors shall continue in their present respective offices, until the first day of September, one thousand seven hundred and ninety-two, and until others shall be chosen in their respective offices, and sworn into the same, unless they or any of them shall sooner die, or be removed as herein after mentioned.
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Corporation may assemble as herein,
notice of meeting by summons,
so many as shall be assembled, to be called a general council,
after 1st Sept. 1792, governors, &c. to be chosen on every 1st of August, (save as herein) out of the corporation,
for 1 year and until others sworn.
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VI. And be it further enacted by the authority aforesaid, That it shall and may be lawful to and for all and every of the members of the said corporation or body politic, from time to time, to assemble and meet together at any convenient place or places, until such time as an hall shall be erected in pursuance of this act, and after the erection of such hall, at the said hall for the choice of the governor, deputy governor, and directors, and for the making by-laws, ordinances, rules, orders, or directions for the government of the said corporation, and for any other affairs or business concerning the same, previous notice thereof being first given by summons in writing, to be served at the place of residence of each member, eight days at least before the time appointed for such meeting; and that all the members of the said corporation, or so many of them as shall be so assembled, shall be, and be called a general council of the said corporation, which shall meet and assemble at such times, and in such manner as herein after mentioned; and that all succeeding governors and directors of the said corporation, shall from and after the first day of September, one thousand seven hundred and ninety-two, be chosen on every first day of August, except the same shall happen to fall on Sunday, and then in such case on the Monday next following such Sunday, for every, out of the members of the said corporation, by the majority of votes of all and every the members of the said corporation, who shall be personally present at such elections, which succeeding deputy governor and directors shall be severally and respectively elected for one year, and until others shall be duly chosen and sworn into their places respectively.
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In cases of death, &c. corporation may assemble and elect as herein.
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VII. Provided always nevertheless, That in case of death, avoidance, or removal of the governor, deputy governor, or any of the directors of the said corporation for the time being, the survivors of them, or the majority of them remaining in their offices, shall and may at any time assemble together the members of the said corporation, in order to elect other persons in the room of those dead, removed, or avoided.
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Governors and deputy governors to take the following oath or affirmation,
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VIII.(a)
Provided always nevertheless, and it is hereby enacted, That the said Henry Hunt, hereby nominated to be the first governor, and every person hereafter to be chosen to the offices or trust of governor or deputy governor of said corporation, shall not be capable of acting or executing the said office or trust, until he or they shall have taken the following oath or affirmation.
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Oath.
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I A. B. being nominated or elected to be governor or deputy governor (as the case shall be) of the company of the apothecaries' hall of Dublin, do promise and swear or affirm, (as the case shall be) that I will to the utmost of my power, by all lawful ways and means, endeavour to support and maintain the body politic of the governor and company of the apothecaries' hall of Dublin, and the liberties and privileges thereof, and that I will in all things faithfully and honestly execute the trust reposed in me as governor or deputy governor, according to the best of my skill and knowledge.
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So help me God.
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persons by whom said oath may be administered.
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Which oath of the first and present governor, and deputy governor above named, shall and may be administered by the chancellor of the kingdom of Ireland, or the keeper or commissioners of the great seal of Ireland, or by the chancellor or chief baron of the court of Exchequer in Ireland, or any of them for the time being, and to and from any future governor, shall and may be administered and received by the chancellor of the kingdom of Ireland, or by the keeper or commissioners of the great seal of Ireland, or by the chancellor or chief baron of the court of Exchequer in Ireland for the time being, or by the governor of the said corporation, or in his absence by the deputy governor for the last preceding year, and the said chancellor of the kingdom of Ireland, and the keeper or commissioners of the great seal of Ireland, the chancellor or chief baron of the court of exchequer in Ireland, or any of them for the time being, and such preceding governor or deputy governor is hereby authorised, empowered, and required to administer and receive the said oaths, to and from every and any such person appointed or elected to be governor or deputy governor of the said corporation.
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Directors not to act until they shall have taken the following oath.
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IX.(a)
Provided always, and it is hereby enacted, That none of the said John Hastings, Peter Kelly, George Kiernau, Richard Magan James Mc'Laughlin, Daniel Moore, John Pentland, Foden Perrin, Robert Powell, Stephen Reynolds, Charles Ryan, John Usher, and Richard Usher, hereby nominated, constituted, and appointed the first directors of the said corporation, or any person or persons hereafter to be chosen to the office or trust of a director of said corporation, shall be capable to execute or act in the said office of a director at any time or times hereafter, until he or they shall respectively have taken the following oath or affirmation, as the case may require, to wit,
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Oath.
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I A. B. do swear or affirm, that in the office of director of the corporation or company of the apothecaries' hall of Dublin, I will give my best advice and assistance for the support and good government of the said corporation, and that I will diligently, faithfully, and honestly execute the trust reposed in me as a director, according to the best of my skill and knowledge.
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persons by whom said oath may be administered.
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Which oath or affirmation to the directors herein before nominated, and every of them respectively shall and may be administered by the said chancellor of Ireland, or the keeper of the great seal, or by the chancellor or chief baron of the exchequer of Ireland, or by the first governor, or in his absence by the first deputy governor, being first sworn as before mentioned, and the said oath to any future director or directors shall and may be administered by the chancellor of Ireland, or by the keeper or commissioners of the great seal of Ireland, or by the chancellor or chief baron of the court of Exchequer in Ireland for the time being, or any of them, or by a sworn governor of the said corporation for the time being, or in his absence by a sworn deputy governor for the time being, or by the governor or deputy governor for the preceding year, who, or any of them are hereby authorized and required to administer the said oath or affirmation to every director or directors, from time to time accordingly.
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Every member to make oath as hereafter.
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X.(a)
Provided also, and it is hereby enacted, That all and every the other members of the said corporation, shall before he or they severally shall be capable to give any vote in any general court of the said corporation, make and receive the oath or affirmation (as the case may require) following, that is to say,
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I A. B. do swear or affirm, that I will be faithful to the governor and company of the apothecaries' hall of Dublin, whereof I am a member, and in all general courts when and so often as I shall be present, will according to the best of my understanding, give my advice, council, and assistance, for the support and good government of the said corporation, and that I will not take an apprentice for a shorter term than that of seven years, and that I will not knowingly or willingly buy or retail any contraband goods.
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So help me God, Amen.
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said oath to be administered by persons authorized to administer former oaths.
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Which oath or affirmation is to be administered by, and made before the several persons respectively authorized and impowered to administer the several oaths or affirmations herein before respectively appointed as aforesaid, and which persons are hereby respectively authorized, impowered, and required to administer the same.
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The court of directors may administer the following oath to all their agents or servants,
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XI.(a)
And be it further enacted by the authority aforesaid, That the said court of directors shall have power and authority, and they are hereby empowered, authorized and required to administer an oath or affirmation to all inferior agents or servants that shall be employed by the said corporation, for the faithful and due execution of their several places and trusts in them reposed, in the words or to the effect following, that is to say,
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Oath.
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I A. B. being elected to the office or place of to the governor and company of the apothecaries' hall of Dublin, do swear or affirm, (as the case may be) that I will be true and faithful to the said governor and company, and will faithfully and truly execute and discharge the said office or place of to the utmost of my skill and power.
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So help me God.
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if a governor or director shall neglect to take the oath appointed, 10 days after election, office shall become vacant.
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And in case any person hereby nominated or hereafter to be elected governor, deputy governor, or director as aforesaid, shall for the space of ten days after the passing of this act, or after such election, neglect or refuse to take or make the respective oaths hereby appointed to be taken and received as aforesaid, or shall refuse to take upon him his or their offices, that then and in such case, the office and place of every such person so neglecting or refusing shall become vacant, and others be chosen in their places, by a general court of the said subscribers.
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Governor to summon 4 general courts a year, as herein,
in failure 5 directors may call a general court as herein.
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XII. And be it further enacted by the authority aforesaid, That the governor shall from time to time, and he is hereby required duly to summon and appoint four general courts at least in every year, whereof one to be held on the first of August, one on the first of November, one on the first of February, and one on the first of May, in every year; and if at any time or times there shall be a failure of holding a general court in any of the said months, that then and so often, and in every such case, it shall and may be lawful for any five or more of the directors of the said corporation, who are hereby empowered and required to summon and call a general court, which shall meet and be holden in the month next coming after the month in which the same should have been holden, upon the summons of the governor as aforesaid.
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Governor or dep. gov. to call a general court, upon demand being made as herein, in default 5 directors may call such court on 10 days notice, and do business, and hear complaints,
if governor, &c. shall not uequit himself, another court to be called within 10 days to determine,
governor, &c. may be removed for abuse of office,
if a governor, &c. shall die or be removed, another member shall be chosen to the office.
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XIII. And it is hereby further enacted, That the said governor for the time being, or in case of his absence the deputy governor, shall from time to time, upon demand to him for that purpose made in writing, and signed by any five or more members of said corporation, within ten days after such demand, summon and call a general court of the members of said corporation; and in default of the governor or deputy governor to call such court, that then it shall and may be lawful to and for the said five or more members, giving ten days previous notice thereof by summons in writing, to be left at the place of residence of each member, to summon and hold a general court, and there to do and dispatch any business relating to the government or affairs of the said corporation, and to hear and debate any complaint that shall be made against any governor, deputy governor, or director, for mismanagement of his or their respective offices; and if such governor, deputy governor, or directors, shall not clear himself or themselves of such complaint, to the satisfaction of the major part of the members of the said corporation in the said general court assembled, that then within ten days another general court shall be called, finally to determine the same by the majority of their votes as aforesaid, who may remove or displace all or any of the governor, deputy governor, or directors, for such misdemeanors or abuse of their offices, and elect and choose others in his or their room, in the same manner as the said elections are herein before directed to be made; and in every case where any governor, deputy governor, or director, shall happen to die or be removed, or his office shall otherwise become void before the expiration of the time for which he shall have been elected, it shall and may be lawful for the major part of the members of the said corporation assembled in a general court, to elect and choose any other member of the said corporation into the office of such governor, deputy governor, or director that shall so die or be removed, or whose office shall become void, which person so to be chosen shall continue in the said office until the next usual time hereby appointed for election, and until others shall be duly chosen and sworn.
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Governors and directors, or any 5 of them, may meet at any convenient place until a hall is erected,
afterwards at such hall, there to transact business as herein,
where by-laws are wanting, governors and directors may manage as herein,
and execute all powers, &c. as if the same were done by the governor, deputy gov. and company.
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XIV. And for the better ordering and managing the affairs of the said corporation, it is hereby enacted by the authority aforesaid, That it shall and may be lawful for the said governor, deputy governor, and directors for the time being, or any five or more of them, of which the governor or deputy governor to be always one, except as herein after mentioned, from time to time, and at all convenient times to assemble and meet together at any convenient place or places, until such hall shall be erected, and afterwards at such hall for the direction or management of the affairs and business of the said corporation, and then and there to hold courts of directors for the purposes aforesaid, and to summon general courts to meet as often as they shall see cause; and that the said governor, deputy governor, and directors, or the major part of them so assembled, whereof the governor or deputy governor is to be always one, except as herein after mentioned, shall and may act according to such by-laws, constitutions, orders, rules or directions, as shall from time to time be made and given unto them by the general court of the said corporation; and in all cases where such by-laws, constitutions, orders, rules, or directions, by or from the general court shall be wanting, the said governor, deputy governor, and directors, or the major part of them so assembled, whereof the governor or deputy governor shall be always one, except as herein after mentioned, shall and may direct and manage all the affairs and business of the said company, and choose agents and servants, which shall from time to time be necessary to be employed in the affairs and business of the said company, and allow and pay reasonable salaries and allowances to the said agents and servants respectively, and them or any of them from time to time to remove or displace as they shall see cause, and generally to act and do in all matters and things whatsoever, which they shall judge necessary for the well ordering and managing of the said company and the affairs thereof, and to do, enjoy, perform, and execute all the powers, authorities, privileges, acts and things in relation to the said company, as fully to all intents and purposes as if the same were done by the governor, deputy governor, and company of the apothecaries' hall, or by a general court of the same.
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When the governor or dep. gov. shall be absent as herein, a chairman may be chosen for that time only,
transactions of said court valid if there be 5 directors present.
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XV. Provided nevertheless, and it is hereby further enacted, That when any general court or courts of directors of the said company shall be assembled, according to due summons or appointment, in case the said governor and deputy governor shall be absent from such meeting one hour after the time appointed in such summons or appointment for the proceeding to business, or sooner if the said governor and deputy governor shall signify by writing that they are incapacitated from attending said meeting by sickness or otherwise, that then and in every such case it shall and may be lawful for every such general court and courts of directors respectively, to choose a chairman for that time only, and to proceed to business, and to transact the affairs of the said company, and that the transactions of the said general court of directors shall be as valid and effectual to all intents and purposes as if the said governor or deputy governor had been present, so that in every such court of directors there be five directors present; any thing herein before contained to the contrary in any wise notwithstanding; and every such chairman so to be chosen shall have the like privileges and authority in all respects, as the governor or deputy governor might have or exercise, if he were present.
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Sworn members at a general court, consisting of not less than 15, may make by-laws,
by-laws not to be repugnant to the laws of the kingdom, nor for composition of medicines without approbation of the college of physicians,
salaries to governor, &c. governor, dep. gov. or chairman not to vote but when votes are equal.
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XVI. And it is hereby further enacted, That it shall and may be lawful for all members, having first taken the oaths, or being first duly affirmed as herein before directed, at their general court as aforesaid, the said court to consist of at least fifteen members, to make and constitute such bylaws and ordinances for and relating to the affairs and government of the said company, and the imposing mulcts and amerciaments upon the offenders against the same, as to them shall seem meet so as that such by-laws be not repugnant to the laws of the kingdom of Ireland, and so as that no by-law, statute, or ordinance for or concerning the composition of medicines shall be made without the approbation of the college of physicians, by writing under the college seal first had and obtained, all which mulcts and amerciaments shall and may be received and recovered, to the only use and behoof of the said governor, deputy governor, and company of the apothecaries' hall of Dublin, and their successors for ever, without any account or other matter or thing to be thereof rendered to his Majesty, his heirs and successors, and also to allow such salaries to the governor, deputy governor, or directors, as to them shall seem meet; provided also nevertheless, that no governor, deputy governor, or chairman, in the absence of any governor or deputy, shall have any vote in a general court or courts of directors, save where there shall happen to be an equal number of votes.
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Notice of intention to withdraw, to be given at a general meeting, a judicious apothecary, resident in Dublin, may purchase such member's share,
transfers, &c. to be entered as herein, form of entry,
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XVII. And be it further enacted by the authority aforesaid, That when and so often as any member of said corporation shall wish to withdraw from the same, and transfer his share of the stock or fund of said corporation, that he shall give notice thereof at a general meeting of said corporation, in writing under his hand and seal; and thereupon it shall be lawful for any judicious practising apothecary resident within the city of Dublin, or the suburbs or liberties thereof, to purchase the share of such member, and all such transfers and assignments of the share or shares of such capital stock, shall be by an entry in a book to be kept for that purpose, signed by the party so assigning or transferring, in the words and to the effect following, that is to say.
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Memorandum, that I A. B. this day of in the year of our lord do assign and transfer my interest or share in the capital stock or fund of the governor and company of the apothecaries' hall of Dublin, and all benefits arising thereby, unto his executors, administrators, and assigns. Witness my hand
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if the person assigning be not present, entry to be made as herein, form of entry,
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Or in case the person assigning be not personally present, then by an entry in the said book, signed by some person thereunto lawfully authorized by letter of attorney, or writing under hand and seal, attested by two or more creditable witnesses, in the words following, to wit,
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Memorandum, that I A. B. this day of in the year of our lord by virtue of a letter of attorney, or authority under hand and seal of dated the day of in the year of our lord do in the name and on the behalf of the said assign and transfer the interest or share of the said in the capital stock or fund of the governor and company of the apothecaries' hall of Dublin, and all benefit arising thereby unto his executors, administrators, and assigns. Witness my hand
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transfer to be signed by the person to whom made; such entry to be the only manner of transferring stock,
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upon the death of a member, an apothecary may purchase as before,
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value to be paid to the representative;
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entry to be made as herein;
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all such transfers good in law.
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Under which transfer the person to whom such assignment or transfer shall be made, shall sign his name, attesting that he does voluntarily accept the same, and the entry signed as aforesaid shall be the only manner and method used in passing, assigning, or transferring the interest or share in said capital stock or fund; and when any member of said corporation shall die, notice thereof being given at a general meeting of said corporation, it shall and may be lawful for any judicious practising apothecary resident within the city of Dublin, or the suburbs or liberties thereof, who shall be so minded to purchase the share of such deceased member, upon paying the personal representative of such deceased member the full value of the share of such deceased member, and entry thereof shall be made in the book or books to be kept for that purpose, which shall contain the abstract of the probate of the will, or letters of administration, under which said representative acts, and also a receipt for the purchase money, to be signed by such personal representative, or by some person for that purpose thereunto lawfully authorized; and all such transfers shall be good and available in law, and convey the whole estate and interest of the person so transferring or ordering the same to be transferred.
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From 24th June 1791, no apprentice. foreman, or shopman to be taken to any apothecary until he shall be examined as herein;
majority of examiners to certify as herein;
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XVIII. And in as much as many dangerous and fatal consequences have heretofore arisen from the practice of taking as apprentices to the art and mystery of an apothecary, boys or persons disqualified by the want of proper education, to prepare or vend medicine, not being capable of learning their nature, difference, effects, and qualities, to the imminent hazard of the lives of his Majesty's faithful and loyal subjects, be it enacted by the authority aforesaid, That from and after the twenty-fourth day of June, in the year one thousand seven hundred and ninetyone, no person or persons shall be received, taken, indented or employed as an apprentice, foreman or shopman to any apothecary throughout the kingdom of Ireland, until he or they shall be examined by the governor, or deputy governor, and directors of the apothecaries' hall of Dublin, any five to make a quorum, who are hereby authorized and required to examine into the education and qualifications of such person or persons who shall apply to them for that purpose, and the majority of such examiners are hereby authorized and empowered after such examination to certify that such person or persons so applying to them, as shall appear to such examiners properly qualified to become an apprentice or apprentices, journeyman or journeymen, to learn or transact the business of an apothecary, in the manner or to the effect following, that is to say.
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form of certificate.
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To all to whom these presents shall come greeting, know ye, that we the governor, deputy governor, and directors of the apothecaries' hall of Dublin, have this day duly and carefully examined A. B. the son of C. D. of, or late of (as the case may be) in the county of and we think him properly educated or qualified to become an apprentice or journeyman (as the case may be) to learn or transact the business of an apothecary, and we do hereby certify the same.
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Given under our seal the day of in the year of our Lord
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Person refused a certificate may be again examined, after 6 months,
if then qualified, a certificate may be granted.
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XIX. Provided nevertheless, That if such examiners, or the major part of them, shall see cause to refuse such certificate to any person applying to become an apprentice or shopman, yet it shall and may be lawful to and for such person or persons who shall be so refused to apply at any future time, so as the same be not within six months of such first examination, to be again examined; and if on such second examination he shall appear to the examiners, or the major part of them, to be then properly qualified, it shall and may be lawful for said examiners, or the major part of them, to grant such person so applying such certificate as herein before mentioned.
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After second examination, person aggrieved may appeal within 10 days to the general council, or subscribers at large,
general council to affirm or reverse judgment, 15 members present; if reversed, a certificate to be granted as before mentioned.
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XX. And it is further enacted by the authority aforesaid, That it shall and may be lawful for every person who shall consider himself aggrieved by the judgment or determination of the said examiners, or the major part of them, within ten days after such second determination, to appeal to the general council of the said company, or subscribers at large, and the governor, or in his absence the deputy governor, is hereby empowered and required thereupon to summon a general council, which shall proceed to examine the person so applying, and shall as they or the major part of them shall see cause, affirm or reverse the judgment of such examiners, not less than fifteen members of said company being present, and if the members of said company, or the major part of them, on such re-examination shall be of opinion to reverse the determination of the examiners, then that it shall and may be lawful for the members of said company, or the major part of them present at such re-examination, to grant to the person applying such certificate as before mentioned, and the same so granted shall be good, valid, and effectual in law, to all intents and purposes, as if the same had been granted by the examiners in the first instance.
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Oath to be taken by examiner,
examiners to administer oath to each other.
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XXI. Provided also, That before any person shall act on any such examination or appeal, such person shall take the following oath or affirmation, (as the case may be),
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I A. B. do sincerely promise and swear, (or affirm) that I will faithfully, impartially, and honestly, according to the best of my skill and knowledge, execute the trust reposed in me as an examiner on the examination of C. D. and that without favour or affection, prejudice or malice.
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So help me God.
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Which oath or affirmation any five or more of the examiners on their first examination, or on any appeal, are hereby authorized and required to administer to each other.
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From 24th June 1791, no person to open shop, or act as an apothecary, until he shall be examined, as before,
examiners to take oath as before, and grant or refuse a certificate; like remedy of appeal.
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XXII.(a)
And be it further enacted by the authority aforesaid, That from and after the twenty-fourth day of June, in the year of our lord one thousand seven hundred and ninety-one, no person shall open shop, or act in the art or mystery of an apothecary within the kingdom of Ireland, until such person shall have been examined as to his qualification and knowledge of the business, by such persons and in such manner as herein before mentioned and required, for the examination of persons applying to become apprentices or shopkeepers; which examiners shall take the oath before mentioned, in manner as herein before required, and shall grant or refuse to the person so applying for a certificate to open a shop, or follow the art and mystery of an apothecary within the kingdom of Ireland, with the like remedy of appeal as herein before mentioned.
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Persons intending to open shop may appeal to the College of physicians, they may affirm or reverse the judgment of examiners, 5 fellows to be present;
a certificate may be granted as before;
examiners oath to be taken.
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XXIII. And be it enacted by the authority aforesaid, That if after such examination by the general council or subscribers at large, such person so intending to open shop shall think himself aggrieved, that it shall and may be lawful for such person, within eight days after such determination, to appeal to the king and queen's college of physicians in Ireland, who shall proceed to re-examine the person so applying, and shall as they or the major part of them shall see cause, affirm or reverse the judgment of such examiners, not less than five fellows of said college being present; and if the members of said college or the major part of them, on such re-examination shall be of opinion to reverse the determination of the examiners, then that it shall and may be lawful for the members of said college, or the major part of them present on such examination, to grant to the person so appealing such certificate as herein before mentioned, and the same so granted shall be as good, valid, and effectual in law to all intents and purposes, as if the same had been granted by the examiners in the first instance; provided always, that before any fellow of said college shall examine on such appeal, he shall take the examiner's oath herein before mentioned.
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Apothecaries may be present at examinations, 10s. for every certificate to open shop, and 5s. for a certificate to become an apprentice, &c. for the benefit of the company.
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XXIV. Provided also, That it shall and may be lawful for all apothecaries to be present at every such examination, and that every such person for every such certificate to open shop, shall pay a sum of ten shillings and no more; and for every person for a certificate to become an apprentice or journeyman to an apothecary, the sum of five shillings and no more; which sums shall be and enure to the sole use and benefit of the said company of the apothecaries' hall of Dublin.
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From 24th June 1791, no apothecary to take an apprentice for less than 7 years.
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XXV. And be it enacted by the authority aforesaid, That from and after the twenty-fourth day of June, in the year of our lord one thousand seven hundred and ninety-one, no apothecary within the kingdom of Ireland, shall have, take, receive, indent, or hire any apprentice to learn the art and mystery of an apothecary for a lesser time or term than seven years, from the day of the date of such indenture, article, minute, memorandum, or agreement, and every such indenture, article, minute, memorandum, or agreement, shall bear date really and truly the day of such indenture, article, minute, memorandum, or agreement, shall be signed, executed, or entered into.
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No apothecary to take an apprentice, shopman, &c. without a certificate,
or take an apprentice for less than 7 years,
indentures to be enrolled as herein,
penalty 20l.
sums recovered to go to the use of the company.
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XXVI. And be it further enacted by the authority aforesaid, That if any apothecary within the kingdom of Ireland, shall after the twenty-fourth day of June, in the year aforesaid, have, take, indent, receive, or hire any person or persons as an apprentice or as a shopman, journeyman, foreman, overseer of his shop, or manager of his business as an apothecary, [or shall open shop or wareroom for the retail of medicine,] or practice the art and mystery of an apothecary within the kingdom of Ireland, without such person or persons having obtained the proper certificate for that purpose herein before directed; or shall take any apprentice for less time than seven years, whose indentures shall be enrolled in a book to be kept for that purpose by this corporation, for which the sum of one shilling shall be paid, such person so offending shall for every such offence forfeit the sum of twenty pounds, to be recovered by the governor and company of the apothecaries' hall of Dublin, by action of debt, suit, plaint, or information, in any of his Majesty's courts at Dublin, wherein no essoign, protection, privilege, injunction, wager of law, or stay of prosecution by non vult ulterius prosequi, shall be admitted or allowed, or any more than one imparlance, and the sums so recovered shall be and enure to the use of the said company.
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Not to extend to apprentices, shopmen, owners of shops, &c. who were really so before the passing of this act.
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XXVII. And provided also, That nothing herein contained shall extend or be construed to extend to any apprentice or shopman, or apothecary's foreman, or owner of the shop, or manager in or about the business of an apothecary, as aforesaid, who shall appear to have been really and bona fide taken, received, indented, or hired, or to have opened shop before the passing of this act.
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Arsenic, oils, or colours not to be kept where medicines are compounded, penalty 5l.
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XXVIII. And be it further enacted by the authority aforesaid, That no apothecary within the kingdom of Ireland, from the twenty-fourth day of June, one thousand seven hundred and ninety-one, shall grind, compound, sell, or keep any arsenick, oils, or colours for painter's use, in the shop or room wherein he compounds medicines, under a penalty of five pounds, the same to be forfeited, and go to the use and fund of the governor and company of the apothecaries' hall of Dublin, to be recovered by them in the same manner, and with the like restrictions as the other penalties under this act.
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A publick act.
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XXIX. And be it enacted by the authority aforesaid, That this act shall in all courts and places be deemed and taken to be a public act, and shall be judicially taken notice of by all judges, justices, and courts whatsoever, without specially pleading the same.
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Persons buying and selling less than 1 lb. of arsenic, to enter and sign as herein,
arsenic not to be sold to persons not known,
penalty 20l.
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XXX. And be it further enacted by the authority aforesaid, That every apothecary, druggist, or other such person selling any quantity less than one pound weight of arsenic, shall at the time of such sale, and before delivering, enter in a book to be kept for that purpose, the quantity sold, and the time when it was so sold, to which entry the person buying shall sign his or her name, addition and place of abode; or in case such person so purchasing cannot write, the name, addition, and place of abode of such person being first written, such person shall set his or her name thereto, and the same shall be attested by such apothecary or druggist, or some other person present; and in case such apothecary or druggist shall not know the person buying to be of such name, or place of abode, then such apothecary or druggist shall not deliver such arsenic until it shall be certified to him by some person known to such apothecary or druggist, that the person buying is the same as he or she describes himself or herself to be; and in case any apothecary or druggist selling arsenic shall fail herein, he or she shall forfeit the sum of twenty pounds, to be recovered as herein after mentioned.
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If mischief shall arise by arsenic so sold, and the apothecary to die, such book to be received as evidence.
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XXXI. And be it further enacted by the authority aforesaid, That in case any mischief shall arise to the person or property of any individual, by means of such arsenic so sold, and that such apothecary or druggist so selling shall happen to die, then and in such case such book shall be received as evidence in any court criminal or civil in this kingdom, of the sale and delivery of such arsenic to such person so signing, upon any trial to be had at law respecting such mischief, the hand writing of such person so signing being first proved in the usua] way.
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[(a) See 31 & 32 Vict. c. 72. s. 12.]
[(a) See 31 & 32 Vict. c. 72. s. 12.]
[(a) See 31 & 32 Vict. c. 72. s. 12.]
[(a) See 31 & 32 Vict. c. 72. s. 12.]
[(a) So much of this Act as prohibits the keeping of open shop within the meaning of this Act by any person other than a Licentiate of Apothecaries' Hall, is repealed by 38 & 39 Vict. c. 57. s. 30.] |
