PHARMACY ACT.

Dominion, Volume 4, Issue 938, 4 October 1910, Page 5

PHARMACY ACT.

A CHEMIST'S PRESCRIPTIONS. WHO SHOULD DISPENSE THEM? Deserved decision was given in the S.M. lT' JS?** , " l "?. by Mr--' }V. G. Eidoell, S.M., on the nonsuit point raised by Mr. E. J. Fitzgibbon in the case m: which Prank- Shaw, chemist, of Welungton, was, charged with unlawfully keeping open his place of business in the Cecil BuildingsJ 'Lambton Quay, Wellington, on July 21), August 2, 4,-16,' 29, 30, 31, and September 1, for the compounding or dispensing of ■ prescriptions not under his own immediate supervision or co.ntrol, or that of his duly enrolled manager. : His Worship; 6aid that objection was made to the form of the present information, on the ground that the Pharmacy Board was a corporate body and could not lay an information; that if proceedings were instituted by the board they should be commenced by its registrar, duly, authorised, ■ and that, incidentally, such an information could not be 'laid by a-pri-vate person. In , his opinion, the Pharmacy Board was not a corporate body. l -It consistod'Of certain member's of the Pharmaceutical Society of New Zealand (which was a corporate,.body) elected, for the purpose of managing and controlling the affairs of-the. sooiety. It..ivas a board of administration, and might ■'■'act'-.-'•'by its Bohcitor. The present information was laid-by Mr. Neilsen, as solioitor for:anli on behalf of the Pharmacy Board, and, in his_ Worship's, opinion, was 'sufficient Inis answer also met the.second objection, viz.', that the board's registrar-was the proper person,,to. institute' these proceedings.,' No dogbt, the board could have, authorised its iregistrar to lay this information,, but.it;:had elected that the'proceedings should be commenced by ; ;its solicitor.. ; There ; was.; : nothing : in; "the which,would lead one to conclude'that the board must.always,act- : through its; registrar, arid unless this was clearly indicated, the provisions :Of the .Justices. of. theVPeace : act must .be held to apply. .After quoting "different : ; authorities, the.Court held;also that a private person could lay an information'for any offence against the Pharmaoy;Act .' ■ A further nonsuit point was-raised by .Mr., .ritzgibbori^to';:the;..:effect; that v the. ■onus.was ,on to prove every element', constituting the' oftence. In this particular statute, said Mr. Fitz- . gibbon, prescription was. specially defined as prescriptions of legally-qualified, medii ■ cal practitioners.' He contended that .the two prescriptions put in as exhibits were not proved to have been given by quali-, .fled medical praJtitioners, and that, there.foreiithe.prosec.utipnfmust fail., .' : ■ : : " ■ TheMagistratesaid he was hot prepared to ontertnin . this objection at that ,stage,;and;the case was; prooeeded .with. ' ,_ln outlining.;his:.defence,-, , : Mr.. : Eitz-; gibbon contended that. if he could < prove thatithe prescriptione..were dispensed'hy qualified- and.duly,enrolled chemists, it •would be:, all : that was necessary.: -Beforo. he .called evidence ;ho asked that, as on the;four/last days;mentioned in the information there' V/ae no, evidence of presc^ptions.being-.dispensed, the ■ mere, opening .and. keeping open Oof "--'the 1 shop was hot- sufficient evidence -to allow the Court .to come to .the' conclusion-,that. the shop was. foi; of presenptione;- -• ■":.-,.:.;.' ■.;"/:.•;->;■ ." L. E. BL Aplih, chemist,'stated that he was manager;oiVMr'.■ Shaw's.Tory.Street shop._ He was at the Cecil;shop on.the occasions _when the detectives.calledi-,and dispensed • the' prescriptions on :which: the prosecution .was based. l Ho had no knowledge, of, whether prescriptions were.- dispensed'during ;the.laet.four days vmen/tioned in' the information,, as he:: was then. ,, on holiday':leave. : i -^-> , "'■*■;■'■>'.■,;

. Prank -{Shaw, registered chemist, etatei .that he had 'three shops in the city. ■ Mr A plin . was ;manager ■. of the Tory Stree shop,- Miss-..Gregory :of the-.Cecil .shop and .witness 'himself- controlled th< Manners.Street.shop;; He never receivec any "information: of,the prosecntion pond ing by tho Pharmacy Board. He used ti go to the Tory Street 'shop whcn-Aplit went to .the>.Cccil: : ':.The whole ■of ■-tHe shops were under his supervision; ~H« usually i visited 'them four; times-a • day. Mr.; Neilsen, who' .was in.' his employ,; did not ..dispense prescriptions; :■ He: was the r mannfaoturer. for" all. .three' shops. : ; Mr. Grant,- who: was in'witness'a qualified.. man. , He;- .(Tvitness)..' never allowed' any of .the 'shops, to: be- Ttithout the,services of a-Vqualifled:man. \''yO' :: ?\ :• Gross-eiamined by .Mr. , Neilsen:-He had been, on ■ the. register, .for ;a.:number .- of years,, and had been , : in.' business.: in Blenheim fpr .some years.'' .:.'./>.. -;•.;;, ; ' Have /you , .- passedtanyexaminations?—Yes. ; : ■ 'V . ~ ■-. '-, "■ ■

. Mr..;■ Neilsenif Is"• your 'qualification "/ one based on ■ examination?',:., ; '..;:■ .

; 'llr.-Shawi I appeal to you,;your Worship." ;.Is it.-'necessary ; that- I. : 6hould answer, that; question?; .: : : ■ ;;... ;v : ' ;. ■His Worships ruled'. that the. •;"■ question! wftsrelwant.-: ; ,; : '';.; ■: i v ■';■;..;■;:.

"■'■.■ fitness,.'; to.Mri'-.Neilseh:-. 'will please you, I will say. 'Noi , " .' ; ; ' Mr..' Neilsen: v Isy the ■ inscription . "Dispensing Chemist: -by •;:exam, on vyour sHbp? ••; •'■■.. ■:■'■■■ '■..'• ---r' ■■■■ ■'■';:■ ■;'. -Witness: ;Xes.;.,But;i;did-not place.it there! It was placed ;thore by Mr. Fitz- t geraldr : : ;/;VV;.*~- ; -; ; ; : ;;~;.:y';;;,-.' : :;v. : :''."'' : In answer, to : further questions; witness , said he-used .- the; title "chemist ■ and, optician,":. and ; : carried .■ on;;; the . best' business in Wellington. :He ; was .kept; busy nil day and in:the evening,; too. .'j., , :.- Mr. Neilsen:;! suppose;the ! optieian's : business, pays better :tnanVthe chemist,sP-'■vWUneM:l-Thiii;-is':for-'ine, i to' ; 'eay.'-- / ;Cori-.-tinuing, witness said- that-"'when--Mr. Neilsen wasat-the-LanibtoriQuay shop,' Miss Gregory-, ttas:there,too.-;!M.r, Grant, .who. was.-.in his employ^.;"had ;been;; in : business in Hastings... Hβ purchased: the Lanibton Quay-business from >Mr.. FitZ-/ gerald... '■};::■'■•-:- . : ■■'.':':' ■.'': ■■;; ' : '~-f: ■'.'■■.-'.■■ '

.After Mr. Neilseri had addressed :the Court, his.'Worship'reserved:his .decision,: