The Law Magazine and Law Review (Volume 1); Or, Quarterly Journal of Jurisprudence

9780217955102: The Law Magazine and Law Review (Volume 1); Or, Quarterly Journal of Jurisprudence
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1842. Excerpt: ... as to the circumstances of the crime, but as to the fact that the prisoner was a party to its commission. If the instances cited above are sufficient to support the charge of writing in a patchwork style, those which follow will, we conceive, prove that our language was not too strong when we spoke of numberless omissions, errors and repetitions. At page 47, vol. ii. we find that "an apothecary by the stat. 55 Geo. 3, c. 194, s. 21, must, in an action for business done, prove either that he practised as an apothecary prior to or on the 1st day of August, 1815, or that he has duly obtained his certificate from the master, wardens aud Society of Apothecaries." In the first place, that is not the law; for he may prove that before the 1st August, 1826, he held a commission or warrant as surgeon or assistant-surgeon in the royal navy, or as surgeon or assistant-surgeon or apothecary in her majesty's army, or as surgeon or assistant-surgeon in the service of the East India Company. See 6 Geo. 4, c. 133, s. 4, and Steavenson v. Oliver, 8 M. & Wels. 234. Then the sentence is obscure for not pointing out whether the qualification must be proved on non assumpsit, or need only be so, when specially denied; and lastly, even assuming that the former is implied, and waiving the objection founded on 6 Geo. 4, the correctness of the sentence would still be merely accidental, for it is certainly not proved by any of the cases cited in its support. Those cases, being decided before the New Rules, cannot govern the present practice. Wagstaffe v. Sharpe, 3 M. & Wels. 521; Wills v. Langridge, 5 Ad. & Ell. 383; Shearwood v. Hay, 5 Ad. & Ell. 383; Morgan v. Ruddock, 1 H. & W. 505, and 4 Dowl. 311, and Cope v. Rowlands, 2 M. & Wels. 149, are the authorities on this subject since...

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