Apothecaries were originally charged with. Power is also reserved for the President, or Vice President of the Royal College of Physicians, once or oftener in every year, to visit the said garden, and examine if the conditions above specified are duly observed and complied with. Footnote 134: This condition has been long since fulfilled. By an extract from the minutes of the Royal Society, it would appear that the last presentation of Plants took place on the 17th of February, 1774, being the 51st annual presentation, amounting in all to 2550 plants. Footnote 135: If however a gentleman of quality, or a physician, officer, &c. be chosen constable, where there are sufficient persons beside, and no special custom concerning it; it is said such person may be relieved in B. R. 2 _Hawk. P. C._ 100. _Jac. L. Dict. tit._ Constable. As to Surgeons see _The King v. Pond. Comyns R._ 312: 2 _Kebl._ 578. 1 _Syd._ 431: 1 _Mod._ 22. Footnote 136: But a Physician in the country, though a Fellow of the College, may be chosen, 2 _Keb._ 578; 1 _Mod._, 22.; 1 _Keb._ 439; 2 _Hawk._ 100; 1 _Sid._ 431; 2 _Keb._ 578; 2 _Hale_ 100; _Com. Dig. tit._ Physician. For Surgeons see 18 _Geo._ 2. _c._ 15. §. 10; 2 _Hawk. Pl._ 101; 5 _Hen._ 8. _c._ 6; 1 _Burn._ 387. For Apothecaries 6 _Will._ 3. _c._ 4; 9 _Geo._ 1. _c._ 8. §. 1. See also the Charters. _Comyns_ Rep. 312. Footnote 137: In one point counsel have an advantage over physicians in respect of their fees; the attorney or solicitor who can recover his costs at law, is an intermediate agent and he is held professionally liable to the counsel for their payment; and if the attorney have received his costs from his client (including fees) it would appear that the counsel might recover in an action for money had and received to his use. It is to the honor of the profession that we should find no decided case on the subject. Footnote 138: A barrister cannot maintain an action for his fees. Chan. Rep. 38. Footnote 139: 3 Bl. Com. 28. Taciti An. 1. 11. Footnote 140: See _Law_ v. _Hodgson_, 2 _Camp._ 147. _Johnson and others_ v. _Hudson_, 11 _East_ 180, and cases cited there. The unprofessional reader must observe that there is considerable difference between the authority of cases determined at _Nisi Prius_, which are decided by a single Judge, and those argued in banco, which are resolved by all the four Justices of that Court in which the action may have been brought. Footnote 141: So also if a Farrier kills a horse or pricks him in shoeing; or if he refuse to shoe him whereby he is lamed, _Bull. N. P._ 73, and of trades generally, as, action against a Barber for barbing the plaintiff, _negligenter et inartificialiter_. 2 _Bulst._ 333; I _Danv. Ab._ 177; see also 2 _Bl. Com._ 163. Footnote 142: