SALE OF POISONS ACT.

Otago Daily Times, Issue 14925, 30 August 1910, Page 7

SALE OF POISONS ACT.

A QUESTION OF INTERPRETATION. At the City Police Court yesterday morning Harry Lionel Sprosen appeared to unaivor a cfaargo of a brooch of " Tho Salo of Poisons Acts 1908." Mr Hay appeared for tho defendant, pleaded "Not guilty." Sub-hi6pectoi Pliair stated that tho case was connected with tho ono in which til® young man Smail had been charged with attempting to commit sukado by taking poison, Tho information was laid under section 11, sub-scction 2, o{ tho act, and tho defendant _ was charged' with selling poison and failing to anako an entry of tho salo in a book kept for tho purpose, as required by tho act. Tho facts woro that oti tho 13th inst, Erio Smail had been supplied by Sproson with a 2oz bottlo of liniment known as ABC liniment, which contained equal parts of acconito, belladonna, and chloroform. No ontry of tiho salo was ' mada in tho poisons book, aa required by tho act, and l no signature w*s obtained. It was admitted by tiro police that Sprosen was registered under tho Poisons Act. Mr Hay eai<] tliafc tho facta as outlined by tho police were all admitted, but their lcjjal clToct was denied. Section 11' contained a number of exemptions, and bo claimed tlrat bis cliont camo under these. Amongst tihem it was provided that previous requirements of the act should not apply to tho salo of any article " when forming, part of tho ingredients of any medicine dispensed by a person registered undor this act, provided that tho bottlo was laboljod with tho name and address of tho vendor andi tlie ingredients entered with tho namo of tho porson to whom sold or delivered." Ho maintained tliat this provision had beon strictly complied' with. An entry of tho salo had been mado in tho ordinary day book, for tbo special v purpose of complying with tbo act. In an English caso it had been decided that entries mado in "a book kept for . that purposo " did not mean that no other entries should bo mado in that book, but that these particular entries should all bo made in that ono book. Uarry Lionol Sproson, examined by Mr Ilay, said ilio had been doing business for 20 years, ami- was a registered chemist, also a'ogistorcd under the Poisons Act-. TIo lmd himself dispensed this particular liniment whilo tho mail waited. 110 looked upon it as a compound liniment, and considered that it .should not.,bo enteral in the poisons book"." chcmiSt. 6ver"'did"ont'o*r "it.' It was a'cash transaction, and in tho ordinary- way ■no entry would • have been mado at all, but ho obtained, tho man's immo and address, in compliance with tho act. Cross-examined' by Sub-inspcctor Pliair: 110 lmd novoi; ontcixyl ABC diniment in his poisons book. Ho 'lid not need to know his customer or to have him introduced by • any person. ( James Waters, ■ chemist, said ho considered that tbo ontry, "ABC liniment" would 1 oxactly indicalo tho contents and ((uantities of tho mixture to any person in tho trade, though ho could not- say if other )>eople wonM understand it. IJo had novor sold ABC liniment himself, and would need to consider whether ho • would enter it in the poisons book or not. Ifr Widdowson said that tho act evidently contemplated-another book being kept, as well as tlie' poisons book. ' 110 would consider tho points raised and give nis judgment lutcr on.. '