FORMS. Indictment for subornation of perjury. of (No. 13.) Middlesex. The jurors for our lord the king upon their oath present, that C. D., late wickedly and maliciously combining and intending to injure one A. B., then being in the custody of the Marshal of the Marshalsea of our said lord the king, before the king himself, at the suit of one and to cause the said A. B. to be kept and detained in custody of the said marshal as a prisoner, by and at the suit of the said C. D., for a large sum of money, to wit, the sum of [£35], by filing a bill against him, the said A. B., as a prisoner, in such custody as aforesaid, according to the course and practice of the said court of our said lord the king, before the king himself, on the [29th] day of [June], in the [1st] year of the reign of our Sovereign Lord [ William the Fourth], by the grace of God, of the United Kingdom of Great Britain and Ireland, King, Defender of the Faith, at Westminster, in the county of Middlesex, did falsely, corruptly, knowingly, wilfully, and wickedly, solicit, suborn, and procure one H. G. to go into the court of our said lord the king, before the king himself, the said court then and still being holden at Westminster, in the county aforesaid, and to produce to the said court a certain affidavit in writing of the said H. G., to be exhibited to the said court, for the purpose last aforesaid, and in and by the said affidavit falsely to swear and depose, to and before the said court, that the said A. B. was justly and truly indebted unto the said C. D. in the sum of [£35 and upwards, on a bill of exchange drawn by the said A. B., upon and accepted by one P. G., and payable to the order of the said A. B., at a certain day then past, and by the said A. B. indorsed to one J. S., and by the said J. S. indorsed to the said C. D.] And the jurors aforesaid, upon their oath aforesaid, do further present, that in consequence and by the means, encouragement, and effect of the said wicked and corrupt subornation and procurement of the said C. D.,he, the said H. G., afterwards, to wit, on the said [29th] day of [June,] in the year aforesaid, did go in his proper person into the said court of our said lord the king, before the king himself, the said court then and still being holden at Westminster, in the county of Middlesex, aforesaid, and did then and there produce to the said court the said affidavit in writing of the said H. G., to be exhibited to the said court, for the purpose aforesaid; and the said H. G. then and there was sworn, and took his corporal oath, before the said court, on the Holy Gospel of God, the said court then and there having a lawful and competent authority to take and receive the said affidavit and administer the said oath to the said H. G. in that behalf; and the said H. G., being so sworn as aforesaid, by the means and in consequence of the said wicked solicitation, subornation, and procurement of the said C. D., for the purpose aforesaid, did then and there, upon his oath aforesaid, before the said court as aforesaid, falsely, wickedly, wilfully, and corruptly, depose and swear in and by the said affidavit in writing, in substance and to the effect following, that is to say, that the said A. B. then was justly and truly indebted unto the said C. D. in the sum of [£35 and upwards, on a bill of exchange, drawn by the said A. B. upon and accepted by one B. G., and payable to the order of the said A. B., at a certain day then past, and by the said A. B. indorsed to one J. S., and by the said J. S. indorsed to the said C. D.;] whereas in truth and in fact the said A. B. was not, at the time of the making the said affidavit, by the said H. G., as aforesaid, indebted to the said C. D. in the sum of £35 and upwards, in the said affidavit mentioned, on the said bill of exchange drawn by the said A. B., upon and accepted by one B. G., and indorsed to the said J. S., and by him indorsed to the said C. D., or on any other bill of exchange whatever. And whereas, in truth and in fact, the said A. B. was not, at the time of making the affidavit as aforesaid, or at any other time, indebted to the said C. D., in the said sum of £35 on any account whatever; and whereas, in truth and in fact, he, the said A. B., did not, at the time of making of the affidavit as aforesaid, owe to the said C. D. the said sum of £35, or any part thereof, or any other sum of money whatsoever, which he, the said C. D., at the time of soliciting, suborning, and procuring the said H. G. wilfully, corruptly, and falsely to swear, as aforesaid, well knew, to wit, at Westminster aforesaid, in the county aforesaid. And so the jurors aforesaid, upon their oath aforesaid, do say, that the said C. D., on the said 29th day of June aforesaid, at Westminster aforesaid, in the county aforesaid, did falsely, corruptly, knowingly, wilfully, and wickedly, suborn and procure the said H. G. to commit wilful and corrupt perjury, in and by his oath aforesaid, taken in the open court of our said lord the king, before the king himself, the same court then and there having lawful and competent authority to administer such oath to the said H. G. in that behalf, to the great displeasure of Almighty God, in contempt of our said lord the king and his laws, to the evil example of all others, and against the peace of our said lord the king, his crown, and dignity. Perry. See Excise, Vol. II. Petition. [13 C. II. c. 5.] By the 13 Car. II. c. 5, no person shall solicit above twenty hands to any Tumultuous peti petition to the king, or either house of Parliament, for alteration of matters tioning. Established by law in church or state, unless the matter thereof hath been consented to by three or more justices of the county, or by the major part of the grand jury at the assizes or sessions; or, if arising in London, by the lord mayor, aldermen, and common council; nor shall present any such petition, accompanied with more than ten persons, on pain of a sum not exceeding 100% and three months' imprisonment, on conviction at the assizes or sessions in six months, and proved by two witnesses. But this shall not extend to debar any persons (not above ten in number,) to present any complaint to any member of Parliament after his election, and during the continuance of Parliament, or to the king, for any remedy to be thereupon had; nor to any address to the king by the Parliament. 4 Blac. Com. 147; Riot, post. Petit Jury. See Jurors. Vol. III. Petit Larceny. See Larceny. Vol. II. Petit Treason. See Treason, post. See Pewter, and other Metals. DURING the reigns of Henry VII. and VIII., and Edward VI., five different statutes (19 Hen. VII. c. 6; 4 Hen. VIII. c. 7; 25 Hen. VIII. c. 9; 33 Hen. VIII. c. 4; 2 & 3 Edw. VI. c. 37) were passed for the purpose of preventing as well the importation of manufactured goods of tin or pewter, as the exportation of any brass, copper, or other metals (tin and pewter only excepted), in an unmanufactured state; as also to prevent any goods being manufactured within this kingdom of tin, pewter, or brass, of inferior quality to what they ought to be, on pain of forfeiting half to the king, and half to the finder. 2 Dick. 419. By the 19 Hen. VII. c. 6, the master and wardens of the craft of Pewterers, and, where there are none such, the head and governors of the city or borough, might appoint searchers; and the justices at Michaelmas sessions were to appoint two persons, having experience therein, to search within the county; and of all such unlawful pewter or brass as they should find, half went to the king, and half to the searchers. In default of the master and wardens not searching, any person, having sufficient knowledge in the said occupation, by oversight of the mayor or other head officer of the cities or boroughs, might search. Id. But now, by the 3 Geo. IV, c. 41, s. 2, 4, these several statutes are repealed. Personating Of Soldiers, &c., see Military Law, Vol. III. Of Seamen, &c., post, Forgery, Pheasants. See Game, Vol. II. Recusants not to practise physic. Apothecaries and surgeons exempted from offices. Whether physicians are exempted from offices. Suing for fees. Physicians, Surgeons, and [5 Hen. VIII. c. 6; 32 ib. c. 40; 1 Mar. Sess. 2, c. 9; 3 Jac. I. c. 5; 6&7 p. 35. As to what communications are privileged from being disclosed in evidence, see Evidence, Vol. I. By the 3 Jac. I. c. 5, s. 8, no recusant convict shall practise physic, nor use the trade of an apothecary, on pain of £100. By the 6 & 7 Wil. III. c. 4, s. 2, apothecaries within London and seven miles thereof, and also apothecaries in any other place, who have served seven years' apprenticeship, shall be exempted from the office of constable, scavenger, overseer of the poor, and all other parish, ward, and leet offices. See also, as to surgeons and apothecaries being exempt from juries, the 6 Geo. IV. c. 50, s. 2, ante, Jurors, Vol. III., which repeals the 6 & 7 Wil. III. c. 4, and 5 Hen. VIII, c. 6, as to jurors. By the 5 Hen. VIII. c. 6, surgeons shall be discharged of the constableship, watch, and all manner of office bearing any armour. And, by the 18 Geo. II. c. 15, s. 10, all freemen of the Surgeons' Company in London shall be exempted from the office of constable, scavenger, overseer of the poor, and other parish, ward, and leet offices, and from serving on juries and inquests. Mr. Hawkins, speaking of the former of these statutes, says, it seems by the equity thereof, and the ancient custom of the realm, all surgeons have been allowed the like privilege: that is, whether in London or elsewhere. 2 Hawk. c. 10, s. 43. By the 32 Hen. VIII. c. 40, s. 1, the president of the commonalty and fellowship of the faculty of physic in London, and the commons and fellows of the same, shall be discharged of watch and ward there, and shall not be chosen constable or any other officer. Yet it seems to have been holden, that the equity of this act doth not extend to other physicians not mentioned in it; perhaps for this reason, because physicians have no such special custom for their discharge as surgeons are said to have. 2 Hawk. c. 10, s. 44. And it seemeth that a practising physician, being chosen constable in pursuance of a custom in respect of his lands in a town, has no remedy for his discharge; for that there are no precedents of this kind, and his calling is private: yet, if he be chosen constable of a town, which hath sufficient persons besides to execute this office, and no special custom concerning it, perhaps he may be relieved by the King's Bench. 2 Hawk. c. 10, s. 41. By the 6 Geo. IV. c. 50, s. 2, members and licentiates of the College of Physicians, in London, are exempt from serving on juries. See Jurors, Vol. III. It is clear that a physician cannot maintain an action for his fees; for, like those of a barrister, the fee is a quiddam honorarium. Chorley v. Bolcot, 4 T. R. 317.(r) As to surgeons' and apothecaries' right to sue, see post, 82, 83, notes. (r) As to evidence of being physician, see Evidence, Vol. II. p. 49. If a physician give a person a potion, without any intent of doing him any Physician killing bodily hurt, but with intent to cure or prevent a disease, and, contrary to the a patient. expectation of the physician, it kills him, this is no homicide; and the like of a surgeon." And I hold their opinion," says Lord Hale, 1 Hale, 429, "to be erroneous that think, if he be no licensed surgeon or physician that occasioned this mischance, that then it is felony: for physic and salves were before licensed physicians and surgeons; and, therefore, if they be not licensed according to the 3 Hen. VIII. c. 11, or the 14 & 15 Hen. VIII. c. 5, they are subject to the penalties in the statutes; but God forbid that any mischance of this kind should make any person not licensed guilty of murder or manslaughter." These opinions, therefore, may serve to caution ignorant people not to be too busy in this kind in tampering with physic, but are no safe rule for a judge or jury to go by. See, further, Homicide, Vol. III. The 55 Geo. III. c. 194, “for better regulating the practice of Apothecaries 55 Geo. 3, c. 191. throughout England and Wales," s. 1, recites the first charter of James 1. to to the Apothe Charter by Jac. 1 the Apothecaries' Company, and that some of the clauses and provisions con- caries' Company. tained in the said charter, so far as the same regard the said society of Apothecaries, have been found inadequate for the purposes thereby intended; and enacts, that the said charter of James I., and all the powers, penalties, regu- Charter conlations, &c., therein contained (except such parts thereof as are hereby altered, firmed, except as varied, or repealed), shall be, and the same is, hereby declared to be in full altered by this force, &c. By sect. 2, so much of recited charter as directs the master and wardens, &c., to enter the shops of apothecaries, and to examine their medicines, &c., and to impose penalties, is repealed. act. ed to enter examine drugs, Sect. 3. And, in lieu thereof, the master, wardens, and society, of apo- Master, wardens, thecaries, and their successors, or any of the assistants, or persons properly &c., empowerqualified [viz. s. 4, for London and 30 miles around, being a member of the shops of apothe Society of Apothecaries of at least 10 years' standing, and all other parts of caries, &c., and England and Wales, an apothecary in actual practice for at least ten years], &c. to be by the master and wardens nominated, not being fewer in number than two persons, may at all seasonable times, in the day-time, as often as to the said master and wardens it shall seem expedient, enter into any shop of any apothecary in England and Wales, and search, survey, prove, and determine, if the medicines, simple or compound, wares, drugs, or things whatsoever therein contained, and belonging to the art or mystery of apothecaries, be wholesome, meet, and fit for the cure, health, and ease, of his majesty's subjects; and all such medicines, &c., which they shall find false, unlawful, deceitful, stale, unwholesome, corrupt, pernicious, or hurtful, shall and may burn, or otherwise destroy; and also shall report to the master, wardens, and assistants, of the said society, the name of such person as shall be found to have the same in possession; and the said master, wardens, and assistants, shall and may impose and levy the following fines and penalties upon every person whose names shall be so reported to them, as hereinafter mentioned: for the first offence, £5; for the second offence, £10; and for the third and Penalties. every other offence, £20. And, by the 1 Mar. Sess. II. c. 9, s. 6, all justices, mayors, sheriffs, bailiffs, Searching for constables, and other officers, in London, shall assist the president of the Col- drugs. lege of Physicians, and persons by them authorized, in searching for faulty apothecary wares. By the 55 Geo. III. c. 194, s. 5. And whereas it is the duty of every person, using or exercising the art and mystery of an apothecary, to prepare with exactness and to dispense such medicines as may be directed for the sick by any physician lawfully licensed to practise physic by the president and commonalty of the faculty of physic in London, or by either of the two universities of Oxford or Cambridge; therefore, for the further protection, security, and benefit of his majesty's subjects, and for the better regulation of the practice of physic throughout England and Wales, it is enacted, that if any person using or exercising the art and mystery of an apothecary, shall at any time knowingly, wilfully, and contumaciously, refuse to make, mix, compound, prepare, give, apply, or administer, or any way to sell, set on sale, put forth, VOL. V. Penalty on apothecaries refusing unfaithfully compounding, medicines prescribed. to compound, or 55 Geo. 3, c. 194. or put to sale, to any person or persons whatever, any medicines, compound medicines, or medicinable compositions, or shall deliberately or negligently, falsely, unfaithfully, fraudulently, or unduly make, mix, compound, prepare, give, apply, or administer, or any way sell, set on sale, put forth, or put to sale to any person or persons whatever, any medicines, compound medicines, or medicinable compositions, as directed by any prescription, order, or receipt, signed with the initials, in his own handwriting, of any physician so lawfully licensed to practise physic, such person or persons so offending shall, upon complaint made within twenty-one days by such physician, and upon conviction of such offence before any of his majesty's justices of the peace, unless such offender can show some satisfactory reason, excuse, or justification, in this behalf, forfeit, for the first offence, the sum of £5; for the second offence, the sum of £10; and for the third offence he shall forfeit his certificate, and be rendered incapable in future of using or exercising the art and mystery of an apothecary, and be liable to the penalty inflicted by this act upon all who practise as such without a certificate, in the same manner as if such party so convicted had never been furnished with a certificate enabling him to practise as an apothecary; and such offender, so deprived of his certificate, shall be rendered and deemed incapable in future of receiving and holding any fresh certificate, unless the said party so applying for a renewal of his certificate shall faithfully promise and undertake, and give good and sufficient security, that he will not in future be guilty of the like offence. Persons not to practise as apothecaries, &c., without due examination. Applicants for examination to produce testimonials. Penalty for acting without a certificate. (a) Sect. 14. And, to prevent any person from practising as an apothecary, without being properly qualified to practise as such, it is enacted, that, after the 1st day of August, 1815, it shall not be lawful for any person (except persons already in practice as such) to practise as an apothecary in any part of England or Wales, unless he shall have been examined by the court of examiners, or the major part of them, and have received a certificate of his being duly qualified to practise as such from the said court of examiners, or the major part of them, (a) who are hereby authorized and required to examine all persons applying to them, for the purpose of ascertaining the skill and abilities of such persons in the science and practice of medicine, and their fitness and qualification to practise as an apothecary; and the said court of examiners, or the major part of them, are hereby empowered either to reject such person, or to grant a certificate of such examination, and of his qualification to practise as an apothecary, as aforesaid: provided always that no person shall be admitted to such examination until he shall have attained the full age of 21 years. See the 6 Geo. IV. c. 133, s. 5, post, 87. Sect. 15 provides and enacts, that no person shall be admitted to any such examination for a certificate to practise as an apothecary, unless he shall have served an apprenticeship of not less than five years to an apothecary, and unless he shall produce testimonials, to the satisfaction of the court of examiners, of a sufficient medical education, and of a good moral conduct. Sect. 20 enacts, that if any person (except such as are then actually practising as such) shall, after the 1st August, 1815, act or practise as an apothe cary in any part of England or Wales, without having obtained such certificate, as aforesaid, every person so offending shall, for every such offence, forfeit the sum of £20; and if any person (except such as are then acting as such, and excepting persons who have actually served an apprenticeship, as aforesaid) shall, after the said 1st of August, 1815, act as an assistant to an apothecary to compound and dispense medicines, without having obtained such certificate, as aforesaid, every person so offending shall, for every such offence, forfeit the sum of £5. See the 6 Geo. IV. c. 133, s. 5, post, 87. (a) (a) In an action against a person for practising as an apothecary without a certificate, the proof of the certificate, or the exception as to practising before the 1st of August, 1815, rests on defendant. Apoth. Comp. v. Bently, R. & M., C. N. P. 159; 1 C. & P. 538, S. C. The certificate is not evidence without proof that the seal affixed is the genuine seal of the society. Chadwick v. Bunny, R. & M., C. N. P. 306 ; 2 C. & P. 106, S. C. Where an apothecary, in an action to recover the amount of his bill, produced |