And it is hereby further enacted, That it shall and may be lawful for the Master and Governors for the Time being of the said Company or Corporation of Barbers, or any Two or more of them, with Eleven or more of the Members of the said Court of Assistants for the Time being, when and as often as to Two or more of the said Master and Governors shall seem meet to hold Courts or Assemblies at or in the Hall of the said Company for the Time being, in order to treat and consult about the Rule, State, Order, and Government of the said Company or Corporation of Barbers; and also that it shall and may be lawful to and for the said Master and Governors, and Court of Assistants, so assembled, or the major Part of them, to make, constitute, ordain, establish, ratify, and confirm, all or any such By-laws, Ordinances, Rules, and Constitutions, as to them shall seem requisite, proper, or convenient for the Regulation, Government, Profit, or Advantage of the said Company or Corporation of the Barbers of London, and the Members thereof, and the same, from Time to Time, to alter or repeal; so as the By-laws, Ordinances, Rules, and Constitutions so to be made and established, shall be examined, approved, and allowed of, as by the Laws and Statutes of the Realm is provided and required.
Provided always, and it is hereby enacted and declared, That the several By-laws, Ordinances, Rules, and Constitutions, made and established for the Regulation and Government of the said United Company or Corporation, so far as the same do not relate to or concern the Art or Science of Surgery, and which, on the said Twenty-third day of June, shall be subsisting and in Force, and shall not be repealed, annulled or abrogated by virtue of this present Act, shall continue and be in Force, and shall be exercised, observed, and executed by the said Company of Barbers established and incorporated by this Act, until such Time and Times respectively as the same By-laws, Ordinances, Rules, and Constitutions, shall respectively be repealed, annulled and made void, by virtue and under the Authority of this present Act.
And it is hereby further enacted by the Authority aforesaid, That the Master and Governors of the said Company or Corporation of Barbers of London shall be yearly elected and chosen on the second Thursday in August, by the Court of Assistants or the major Part of them, or in such manner as by the By-laws, Rules, Orders, and Constitutions of the same Company or Corporation shall be ordained or provided; and that when and as often as any member of the said Court of Assistants of the said Company of Barbers shall happen to die, or be removed, it shall and may be lawful to and for the surviving Members of the said Court of Assistants, or the major Part of them, to nominate and elect one other Person, being a Freeman of the same Company, to be a Member of the said Court of Assistants, in the Room of the Person so deceased or removed; and the person so nominated or elected shall continue in, hold, and exercise the said Office for and during his natural Life, or until he shall be removed out of the same.
And it is hereby further enacted by the Authority aforesaid, That the Master, Governors, and Commonalty of the Mystery of Barbers of London, hereby made, established, and incorporated as aforesaid, and their Successors, and all Persons who shall be free of the same Company or Corporation, shall and may, from Time to Time, and at all Times for ever hereafter, have, hold, and enjoy all and every such and the same Liberties, Privileges, Franchises, Powers, and authorities, as the said United Company or Corporation, with respect to every Thing but Surgery, and the Members of the said United Company, occupying the Feat or Craft of Barbery or Shaving, could or might respectively have had, held and enjoyed by virtue of the said recited Act of Union or Incorporation, [32 Hen. viij] and Letters Patents of his late Majesty King Charles the First, and other the Royal Grants, Charters, and Patents therein respectively mentioned and referred to, so far as the same do not concern or relate to the Art and Science of Surgery; and that in as full, ample, and beneficial Manner, to all Intents and Purposes, as if the same had been expressly repeated, set down, and enacted in and by this present Act.
And it is hereby Enacted by the Authority aforesaid, That the Sum of Five hundred and ten Pounds, now vested in the said United Company, and which was given and paid to the said United Company by Edward Arris, for the Use of the publick Anatomy Lectures on the Muscles, and also the Annuity or yearly Rent-charge of Sixteen Pounds given to the said United Company by the Will of John Gale, Gentleman, for One Anatomy Lecture, by the Name of Gale’s Anatomy, and charged upon certain Messuages and Tenements at Snow Hill, in the Parish of Saint Sepulchre, without Newgate, London, shall, from and after the said Twenty-fourth Day of June, One thousand seven hundred and forty-five be vested in, and be deemed the sole Property, Estate, and Effects of the said Company and Corporation of Surgeons established and incorporated by this Act; and that the said Sum of Five hundred and ten Pounds be accordingly paid by the said Company or Corporation of Barbers of London, out of the Estate and Effects of and now belonging to the said United Company or Corporation, within Three Months next after the said Twenty-fourth day of June, and that the said Sum of Five hundred and ten Pounds, and the said Annuity or yearly Rent-charge of Sixteen Pounds per Annum, shall be held and enjoyed by the said Company of Surgeons established by this Act, upon Trust, to be applied and disposed of for the Purposes intended by the Donors thereof respectively; and that from and after the Payment of the said Five hundred and ten Pounds by the said Company of Barbers to the said Company of Surgeons, they the said Master, Governors, and Commonalty of the Mystery of Barbers of London, and their Successors, shall for ever be discharged of and from the said Sum or Gift of Five hundred and ten Pounds, and every Part thereof, and of and from the said Annuity or Gift of Sixteen Pounds per annum, and every Part thereof, and of and from all Duties and Trusts in respect of the said Gifts, or either of them; and shall, from Time to Time, be saved harmless, and kept indemnified, by the said Company of Surgeons, of, from, and against the same, and all Actions, Suits, Charges, and Expences which they the said Master, Governors, and Commonalty of the Mystery of Barbers of London, or their successors, shall or may, from Time to Time, be put unto or sustain on account thereof; and that all the Rest and Residue of the Real and Personal Estate and Effects of and belonging to the said United Company or Corporation, and the Arms or Ensigns Armorial of the same Company or Corporation, shall, from and after the said Twenty-fourth Day of June, One thousand seven hundred and forty-five, be vested in, and the same are hereby from thence forth vested in the said Company or Corporation of Barbers of London, and their Successors, to and for their own sole and separate Use and Benefit, for ever.
And it is hereby further enacted by the Authority aforesaid, That such of the Books, Papers, and Writings which now belong to the said United Company of Barbers and Surgeons, and relate to or concern the Surgeons or Surgery only, shall, immediately after the First day of July, One thousand seven hundred and forty-five, be delivered by the said Company of Barbers, established and incorporated by this Act, to the Master, and Governors, and Court of Assistants, of the said Company of Surgeons established and incorporated by this Act, or such other Person or Persons as they, or the major Part of them, shall by Writing under their Hands, appoint to receive the same, for the Use and benefit of the said Company of Surgeons: And that the Master, Governors, and Court of Assistants, of the same Company of Surgeons, or any of them, or such other Person or Persons as they, or the major Part of them, shall by writing under their hands, appoint, shall and may, from Time to Time, and at all seasonable Times, upon reasonable Notice, from and after the said First Day of July, One thousand seven hundred and forty-five, have free Access to, and Liberty to inspect and peruse, in the Hands of such Person or Persons as the said Company of Barbers shall Appoint to have the Care and Custody thereof, all the rest of the Books, Papers, and Writings, and also all the Charters and Deeds which now belong to the said United Company of Barbers and Surgeons; and, from Time to Time, to take such Copies or Extracts of or from the same, or any of them, as the said Master, Governors, and Court of Assistants of the said Company of Surgeons, or the major Part of them, or such other Person or Persons so to be appointed as aforesaid, shall, from Time to Time, desire or require; and also that the said Company of Barbers shall, from Time to Time, and at all Times, upon reasonable Notice, from and after the said First Day of July, produce the said last mentioned Books, Papers, Writings, Charters, and Deeds, or any of them, at the Expence of the said Company of Surgeons, upon any Trial at Law, or Hearing in Equity, or Examination of Witnesses, or otherwise, where the said Company of Surgeons shall have occasion to make use thereof, or of any of them, and permit the said Company of Surgeons to make use of the same accordingly.
Provided always, and it is hereby further enacted by the Authority aforesaid, That every Person who hath been bound Apprentice to any Member of the said United Company, and by the Laws or Custom of the City of London, or otherwise, is or would be intitled to his Freedom of the said United Company, and to the Freedom of the said City, in case this present Act had never been made, shall be intitled and admitted to his Freedom in the said Company or Corporation of Surgeons, if his Master is or was an examined Surgeon, or else to his Freedom in the said Company of Barbers; and in either case shall be intitled and admitted to his Freedom of the said City of London, any Law, Usage, or Custom, to the contrary thereof in any wise notwithstanding.
And be it further enacted by the Authority aforesaid, that this Act shall be deemed, adjudged, and taken to be a publick Act; and be judicially taken notice of as such, by all Judges, Justices, and other persons whatsoever, without specially pleading the same.
APPENDIX G. (See page [339].)
Charles R.