Nothing in the above act shall prevent a_Medical Jurisprudence, Forensic medicine and Toxicology. Vol. 1

subject, who shall have obtained from any foreign university a degree

or diploma of doctor in medicine, and who shall have passed the regular

examinations entitling him to practise medicine in his own country,

from being and acting as the resident physician or medical officer of

any hospital established exclusively for the relief of foreigners in

sickness; provided always such person is engaged in no medical practice

except as such resident physician or medical officer (22 Vict., c. 21,

s. 6).

The following qualification was added by 23 and 24 Vict., c. 7, s. 1:

A diploma or license in surgery granted by any university in Ireland

legally authorized to grant the same.

The act 39 and 40 Vict., c. 40, in sec. 3, provides that all persons

who have obtained from any university of the United Kingdom legally

authorized to confer the same, the degree of bachelor in surgery, shall

be permitted to register the same as a qualification under 21 and 22

Vict., c. 90.

The diploma of a member of the King’s and Queen’s College of Physicians

in Ireland, and the degree of Master in Obstetrics of any university in

the United Kingdom are added to the qualifications in Schedule A of the

Medical Act of 1858 (49 and 50 Vict., c. 48, s. 20).

The change of name of any of the corporations named in 21 and 22 Vict.,

c. 90, is not to alter or affect the qualifications constituted by the

act (23 and 24 Vict., c. 66, s. 3).

REVOCATION OF LICENSE.—The Society of Apothecaries may strike

off from the list of licentiates of said society the name of any

person who shall be convicted in England or Ireland of any felony or

misdemeanor, or in Scotland of any crime or offence, or who shall,

after due inquiry, be judged by the general council to have been

guilty of infamous conduct in any professional respect, and the said

society shall forthwith signify to the general council the name of the

licentiate so stricken off (37 and 38 Vict., c. 34, s. 4).

WOMEN.—The Society of Apothecaries is not relieved from any existing

obligation, nor deprived of any right, to admit women to the

examinations required for certificates to practise as apothecaries, or

to enter the lists of licentiates of said society, any women who shall

have satisfactorily passed such examinations, and fulfilled the other

general conditions imposed upon persons seeking to obtain from the said

society a qualification to be registered under 21 and 22 Vict., c. 90

(_ib._, s. 5).

The act 39 and 40 Vict., c. 41, extends the powers of every body

entitled under 21 and 22 Vict., c. 90, to grant qualifications for

registration so that it may grant any qualification for registration

granted by such body without distinction of sex—but nothing in this

act is compulsory.

The Medical Act of 1886 (49 and 50 Vict., c. 48) modified the foregoing

acts as follows:

EXAMINATION.—A person cannot lawfully be registered under the medical

acts in respect of any qualification referred to in any of those acts

unless he has passed such qualifying examination in medicine, surgery,

and midwifery as is in this act mentioned (49 and 50 Vict., c. 48, s.

2).

A qualifying examination shall be an examination in medicine, surgery,

and midwifery held for the purpose of granting a diploma or diplomas

conferring the right of registration under the medical acts, by any of

the following bodies:

(_a_) Any university in the United Kingdom, or any medical corporation

legally qualified at the time of the passage of this act to grant such

diploma or diplomas in respect of medicine or surgery; or

(_b_) Any combination of two or more medical corporations in the same

part of the United Kingdom, who may agree to hold a joint examination

in medicine, surgery, and midwifery, and of whom one at least is

capable of granting such diploma as aforesaid in respect of medicine,

and one at least is capable of granting such diploma in respect of

surgery; or

(_c_) Any combination of any such university as aforesaid with any

other such university or universities, or of any such university or

universities with a medical corporation or corporations; the bodies

forming such combination being in the same part of the United Kingdom

(_ib._, s. 3 [1]).

The standard of proficiency at said examinations shall be such as

suffices to guarantee the possession of knowledge and skill requisite

for the efficient practice of medicine, surgery, and midwifery. It

is the duty of the general council to secure the maintenance of such

standard of proficiency, and it may appoint such number of inspectors

as it may determine who shall attend at all or any of the said

examinations (_ib._, s. 3 [2]).

The inspectors are not to interfere with the conduct of any

examination, but to report to the general council their opinion as

to the sufficiency or insufficiency of every examination which they

attend, and such other matters in relation thereto as the general

council may require (_ib._, s. 3 [3]).

If it appears to the general council that the standard of proficiency

in medicine, surgery, and midwifery, or in any of those subjects or

any branch thereof required at such examinations by any such body, is

insufficient, the privy council, on a report from the general council

after considering such report, and any objection thereto by any body

to which it relates, may by order declare that the examination of

such body or bodies shall not be deemed a qualifying examination for

registration, and Her Majesty, with the advice of the privy council,

may revoke such order if upon further report from the general council,

or any body to which it relates, it seems to her expedient (_ib._, s. 4

[1]).

During the continuance of such order, the examinations held by the

body or bodies to which it relates shall not be deemed qualifying

examinations, and a diploma granted to a person passing such

examinations shall not entitle such person to registration (_ib._, s. 4

[2]).

If a medical corporation represent to the general council that it

is unable to enter into a combination for holding a qualifying

examination, and the general council is satisfied that the said

corporation has used its best endeavor to do so on reasonable terms,

the general council may on the application of such corporation appoint

any number of examiners to assist at the examinations for granting a

diploma conferring on the holder the right of registration (_ib._, s. 5

[1]).

It is the duty of the said assistant examiners to secure at the said

examinations the maintenance of such standard of proficiency in

medicine, surgery, and midwifery as is required from candidates at

qualifying examinations, and any examination held subject to this

section shall be deemed a qualifying examination (_ib._, s. 5 [2]).

PRACTITIONER’S RIGHTS.—A registered medical practitioner shall be

entitled to practise medicine, surgery, and midwifery in the United

Kingdom, and subject to any local law, in any other part of Her

Majesty’s dominions, and to recover in due course of law in respect

of such practice, any expenses or charges in respect of medicaments

or other appliances, or any fees to which he may be entitled, unless

he is a fellow of a college of physicians, the fellows of which are

prohibited by by-law from recovering at law their expenses, charges or

fees, in which case such prohibitory by-law, so long as it is in force,

may be pleaded in bar of any legal proceeding instituted by such fellow

for recovery of expenses, charges, or fees (_ib._, s. 6).

MEMBERS OF GENERAL COUNCIL.—The constituent members of the general

council are designated by this act in sec. 7.

Members of the general council representing the registered medical

profession must themselves be registered medical practitioners, and

members of the branch council for the part of the United Kingdom in

which they are elected (_ib._, s. 8).

COLONIAL AND FOREIGN PRACTITIONERS.—When a person shows to the

satisfaction of the registrar of the general council that he holds

some recognized colonial medical diploma or diplomas granted to him

in a British possession to which this act applies, and that he is of

good character, and is by law entitled to practise medicine, surgery,

and midwifery in such British possession, he shall on application to

the said registrar, and on the payment of such fee not exceeding £5,

as the general council may determine, be entitled without examination

in the United Kingdom to be registered as a colonial practitioner in

the medical register; provided he proves to the satisfaction of the

registrar:

(1) That the said diploma or diplomas was or were granted to him at a

time when he was not domiciled in the United Kingdom, or in the course

of a period of not less than five years during the whole of which he

resided outside of the United Kingdom; or

(2) That he was practising medicine or surgery or a branch of medicine

or surgery in the United Kingdom on the prescribed day, and that he has

continued practising the same either in the United Kingdom or elsewhere

for not less than ten years immediately preceding the prescribed day

(_ib._, s. 11).

When a person shows to the satisfaction of the registrar of the

general council that he holds some recognized foreign medical diploma

or diplomas granted in a foreign country, to which this act applies,

and that he is of good character, and is by law entitled to practise

medicine, surgery, and midwifery in such foreign country, he shall

on application to said registrar, and on payment of such fee, not

exceeding £5, as the general council may determine, be entitled without

examination in the United Kingdom to be registered as a foreign

practitioner in the medical register; provided he proves to the

satisfaction of the registrar:

(1) That he is not a British subject; or

(2) That, being a British subject, the said diploma or diplomas was or

were granted to him at a time when he was not domiciled in the United

Kingdom or in the course of a period of not less than five years,

during the whole of which he resided out of the United Kingdom; or

(3) That, being a British subject, he was practising medicine or

surgery, or a branch of medicine or surgery in the United Kingdom on

the prescribed day, and that he has continued practising the same

in the United Kingdom or elsewhere, for not less than ten years

immediately preceding the said prescribed day (_ib._, s. 12).

The medical diploma granted in a British possession or foreign country

to which this act applies, which is to be deemed requisite, shall

be such a diploma as may be recognized by the general council as

furnishing a sufficient guarantee of the possession of the requisite

knowledge and skill for the efficient practice of medicine, surgery,

and midwifery.

When the general council have refused to recognize any such diploma,

the privy council may, on appeal, after communicating with the general

council, order the general council to recognize such diploma.

If the refusal of the registration of a colonial or foreign

practitioner be on any other ground, the registrar of the general

council shall, if required, state in writing the reason for the

refusal, and the person refused may appeal to the privy council, which,

after communicating with the general council, may dismiss the appeal

or order the general council to enter the name of the applicant on the

A person may be registered both as a colonial and foreign practitioner

(_ib._, s. 13).

The medical register shall contain separate lists of the names and

addresses of colonial and foreign practitioners, and the provisions

of 21 and 22 Vict., c. 90, relating to persons registered and to the

medical register, and to offences, shall apply in the case of colonial

and foreign practitioners registered under this act so far as may be

(_ib._, s. 14).

Any registered practitioner on the list of colonial or foreign

practitioners who is in possession of or obtains any recognized

colonial or foreign medical diploma granted in a British possession or

foreign country to which this act applies may cause a description of

such diploma to be added to his name in the medical register (_ib._, s.

15).

Any registered medical practitioner on the medical register by virtue

of English, Scotch, or Irish qualifications, and in possession of a

foreign degree in medicine, may cause a description of such foreign

degree to be added to his name as an additional title in the medical

degree after a proper examination and prior to the passage of this act

(_ib._, s. 16).

Her Majesty may from time to time, by order in the council, declare

that this act be deemed to apply to any British possession or foreign

country which in the opinion of Her Majesty affords the registered

medical practitioners of the United Kingdom such privileges of practice

in the said British possessions or foreign countries as to Her Majesty

may seem just; and on and after the day named in such order such

British possession or foreign country shall be deemed to be a British

possession or foreign country to which this act applies. Her Majesty

may also renew or revoke any such order, and upon such revocation such

possession or foreign country shall cease to be a possession or country

to which this act applies without prejudice to the right of any person

whose name has already been entered on the register (_ib._, s. 17).

Nothing in the Medical Act of 1858 shall prevent a person holding

a medical diploma, entitling him to practise medicine or surgery

in a British possession to which this act applies, from holding an

appointment as a medical officer in any vessel registered in that

possession (_ib._, s. 18).

DEFAULT OF GENERAL COUNCIL.—In default of the general council to

perform any duty, the privy council may notify their opinion to

the general council, and on the failure of the general council to

comply with any direction of the privy council, the privy council may

themselves give effect to such direction, and for that purpose exercise

any power vested in the general council, and of their own motion do

anything which they are authorized to do in pursuance of a report or

suggestion from the general council (_ib._, s. 19).

SANITARY SCIENCE.—Every registered medical practitioner to whom a

diploma for proficiency in sanitary science, public health or state

medicine has after special examination been granted, by any college or

faculty of physicians or surgeons or university in the United Kingdom,

or by any such bodies acting in combination, shall, if such diploma

appear to the privy council or general council to deserve recognition

in the medical register, be entitled on the payment of such fee as the

general council may appoint, to have such diploma entered in the said

which he is registered (_ib._, s. 21).

EVIDENCE.—Any act of the privy council shall be sufficiently signified

by an instrument signed by the clerk of the council, and every order

and act signified by an instrument purporting to be signed by the clerk

of the council shall be deemed to have been duly made and done by the

privy council, and every instrument so signed shall be received in

evidence without proof of the authority or signature of the clerk of

the council or other proof (_ib._, s. 22).

The following copies of any orders made in pursuance of medical acts or

this act shall be evidence:

(1) Any copy purporting to be printed by the Queen’s printer, or by any

other printer in pursuance of an authority given by the general council.

(2) Any copy of an order certified to be a true copy by the registrar

of the general council, or by any other person appointed by the general

council, either in addition to or in exclusion of the registrar, to

certify such orders (_ib._, s. 23).

RIGHTS UNAFFECTED.—This act does not vary the rights of persons

practising as registered medical practitioners on the day preceding the

day when it goes into effect (_ib._, s. 24).

In consequence of the repeal of any enactment repealed by this act, no

person legally entitled to practise as a medical practitioner in any

colony or part of Her Majesty’s dominions other than the United Kingdom

shall cease to be so entitled if he would have been entitled if no such

repeal had taken place (_ib._, s. 25).

DEFINITIONS.—In the act the word diploma means any diploma, degree,

fellowship, membership, license, authority to practise, letters,

testimonial, certificate or other status or document granted by any

university, corporation, college, or other body or by any departments

of or person acting under the authority of the government of any

country or place within or without Her Majesty’s dominion (_ib._, s.

27).

FEES.—The fees are to be determined by the general council within the

limits set by the various sections authorizing fees.

BRITISH COLUMBIA.

MEDICAL COUNCIL.—There is a body styled “The Medical Council of

British Columbia,” composed of seven members who are registered medical

practitioners elected by the votes of registered medical practitioners

(Cons. Acts 1888, c. 81, s. 2, 3, 4, 5).

No person can lawfully vote at such election unless his fees to the

council have been paid; and no person is eligible to election unless

qualified to vote at such election (_ib._, s. 14).

A register of such qualified voters is required to be prepared by the

registrar of the council and no person is entitled to vote whose name

is not on the register; it is the duty of the registrar to examine into

the written complaint of any medical practitioner as to the improper

omission or insertion of any name in the list; and appeal from his

decision lies to a judge of the supreme court in a summary way, whose

decision shall be final, and no unregistered person may vote (_ib._, s.

16, 17).

a register to be kept by him of the names of all persons who have

complied with this act and with the rules and regulations made by the

council respecting the qualifications of practitioners of medicine or

surgery, and those persons only whose names are inscribed in the said

surgery except as hereinafter provided (_ib._, s. 26).

The registrar is required to keep his register correct, and to make the

necessary alterations in the addresses and qualifications of registered

persons (_ib._, s. 27).

QUALIFICATION.—Every person at the passage of the act (1886)

registered under the medical ordinance of 1867 is entitled to be

registered under this act (_ib._, s. 28).

The council is required to admit upon the register any person who shall

procure from any college or school of medicine and surgery requiring

a three-years’ course of study, a diploma of qualification, provided

he furnish to the council satisfactory evidence of identity and pass

before the members thereof a satisfactory examination touching his

fitness and capability to practise as a physician and surgeon (_ib._,

s. 29).

The council is required to admit upon the register every person

mentioned in 49 and 50 Vict., c. 48, of the Acts of Parliament of the

United Kingdom, duly registered under the imperial Medical Act, prior

to and inclusive of June 30th, 1887, upon complying with the orders,

regulations or by-laws of the council and giving due proof of such

registration, and that the person applying for registration has not

lost the benefit of same by reason of misconduct or otherwise, and upon

payment of the fees fixed by the council, not to exceed one hundred

dollars (Act 1893, c. 27, s. 2).

DUTIES OF COUNCIL.—The council is required to make orders,

regulations, or by-laws for regulating the register and the fees to

be paid for registration, and to make rules and regulations for the

guidance of examiners, and may prescribe the subjects and modes of

examination, and make all such rules and regulations in respect of

examinations not contrary to this act as they deem expedient and

necessary (Cons. Acts 1888, c. 81, s. 31).

FORFEITURE OF RIGHT.—Any registered practitioner convicted of any

felony thereby forfeits his right to registration and by direction of

the council his name is required to be erased from the register, or in

case a person known to have been convicted of felony presents himself

for registration, the registrar has power to refuse such registration

(_ib._, s. 32).

RIGHTS OF REGISTERED PRACTITIONER.—Every person registered under the

act is entitled to practise medicine and surgery, including midwifery,

or any of them as the case may be, in British Columbia, and to demand

and receive in any court of the province, with full costs of the suit,

reasonable charges for professional aid, advice, and visits, and the

costs of any medical or surgical appliances rendered or supplied by him

to his patient (_ib._, s. 33).

EVIDENCE.—The registrar of the council, under the direction of the

council, is required to publish a correct register of the names and

residences with the medical titles, diplomas, and qualifications

conferred by any college or body, of all persons appearing on the

British Columbia Medical Register.” A copy of such register for the

time being, purporting to be so printed and published, shall be _prima

facie_ evidence that the persons therein specified are registered

according to the provisions of this act; and, subject to sub. sec. 2

of this section, the absence of the name of any person from such copy

shall be _prima facie_ evidence that such person is not registered

according to this act (_ib._, s. 34).

In the case of a person whose name does not appear in such copy, a

certified copy under the hand of the registrar of the entry of the name

of such person on the register shall be evidence that such person is

registered under this act (_ib._, s. 34, sub. s. 2).

HOMŒOPATHIC PHYSICIANS.—Any homœopathic physician holding a diploma

of qualification from any authorized school or college requiring a

three-years’ course of study may be registered, and shall not be bound

to pass the examination required by sec. 29, but in lieu thereof, shall

pass before the council, or such of them as may be appointed for that

purpose, a satisfactory examination in anatomy, physiology, pathology,

chemistry, obstetrics, and surgery (_ib._, s. 35, as amended, Act 1890,

c. 30, s. 2).

NEGLECT TO REGISTER.—Those entitled to register and neglecting to do

so are not entitled to any of the rights and privileges conferred by

registration and are liable to all penalties against unqualified or

unregistered practitioners (_ib._, s. 37).

FRAUDULENT REGISTRATION.—If a person procures or causes to be procured

his registration by means of any false or fraudulent representation or

declaration, the registrar may, on receipt of sufficient evidence to

that effect, report the matter to the council and, on the written order

of the president, attested by the seal of the council, erase the name

of such person from the register and make known the fact and the cause

thereof in the British Columbia _Gazette_, and after such notice has

appeared such person shall cease to be a registered practitioner, and

to enjoy any of the privileges conferred by registration, without the

express sanction of the council (_ib._, s. 39).

To wilfully procure or attempt to procure registration by false

representations or declarations is punishable by a penalty not

exceeding $100. To knowingly aid or assist therein is punishable with a

penalty of from $20 to $50 for each offence (_ib._, s. 40).

UNLAWFUL PRACTICES.—It is not lawful for any person not registered

to practise medicine or surgery for hire, gain, or hope of reward.

To so practise or profess to practise, or advertise to give advice in

medicine or surgery, is punishable with a penalty of from $25 to $100

(_ib._, s. 41).

For a person to wilfully or falsely pretend to be a physician, doctor,

or medical, surgical, or general practitioner, or assume any title,

address, or description other than he actually possesses and is legally

entitled to, is punishable by a penalty of from $10 to $50 (_ib._, s.

42).

A person not registered who takes or uses any name, title, addition, or

description implying or calculated to lead people to infer that he is

registered or recognized by law as a physician, surgeon, or licentiate

in medicine or surgery is punishable with a penalty of from $25 to $100

(_ib._, s. 43).

Costs may be awarded in addition to the penalty against an offender,

and on default of payment he may be committed to the common jail for

one month unless the costs are sooner paid (_ib._, s. 47).

UNREGISTERED PERSONS.—No one but a person registered under this act is

entitled to receive any charge for any medical or surgical advice or

attendance or the performance of any operation or for any medicine that

he may have prescribed (_ib._, s. 44).

Appointments as medical officers, physicians, or surgeons in any branch

of the public service, or in a hospital or a charitable institution not

supported wholly by voluntary contribution, are conferred on registered

persons only (_ib._, s. 45).

No certificate required from any physician or surgeon or medical

practitioner is valid unless the signer is registered (_ib._, s. 46).

EVIDENCE.—In a prosecution, the burden of proving registration is upon

the person charged (_ib._, s. 48).

Registration may be proved by the production of a printed or other

copy of the register certified under the hand of the registrar of the

council for the time being, and any certificate on such copy purporting

to be signed by any person as registrar is _prima facie_ evidence that

he is registrar without further proof (_ib._, s. 49).

LIMITATIONS.—Prosecutions under the act must be commenced within six

months from the date of the offence (_ib._, s. 50).

STAY.—The council may stay proceedings in prosecutions (_ib._, s. 51).

PROSECUTOR.—Any person may be prosecutor or complainant under the act

(_ib._, s. 52).

FEES.—To the registrar, for registration under this act, such sum as

may from time to time be fixed by the council by resolutions or by-law,

but not exceeding $100 (_ib._, s. 36, as amended, Act 1893, c. 27, s.

1).

To the medical council, on or before March 1st, annually, $10, or such

other sum as may from time to time be fixed by the council (_ib._, s.

53, as amended, Act 1890, c. 30, s. 3).

For registration, by persons registered under Act 1893, c. 27, s. 2, a

fee fixed by the council not to exceed $100 (Act 1893, c. 27, s. 2).

MANITOBA.

COLLEGE OF PHYSICIANS AND SURGEONS.—The medical profession is

incorporated as “The College of Physicians and Surgeons of Manitoba”

(Rev. Stat. of Man., 1891, c. 98, s. 2).

All persons lawfully registered under previous acts or the present act

are members of the said college (_ib._, s. 3, 4).

COUNCIL.—There is constituted by law a council of the said college

composed of representatives selected as provided in the act, each of

whom must be a practitioner licensed under this act (_ib._, s. 5 to 8).

No member of the college who is in arrears for his annual fees or any

part thereof is entitled to vote at the election for members of the

council or be eligible for election as a member thereof (_ib._, s. 15).

a register to be kept in which shall be entered the name of every

person registered under this act or under the Consolidated Statutes of

Manitoba, chap. 9, and the acts amending the same, and of all persons

who comply with this act, and the rules and regulations made by the

council respecting the qualifications of practitioners of medicine,

surgery, and midwifery. Only those whose names are inscribed in the

book are deemed qualified and licensed to practise medicine, surgery,

or midwifery (_ib._, s. 17, 24, 25).

QUALIFICATION.—All persons duly registered under existing laws when

the revised statutes took effect are deemed registered under the

present law (_ib._, s. 27).

The registrar was required immediately upon his appointment to register

the name of every person registered under previous acts (_ib._, s. 28).

Every person who possesses one or more of the following qualifications

shall, upon the payment of the fee, to be fixed for each particular

class by by-law of the council, be entitled to be registered on the

production to the registrar of the document proving such qualification:

1. Persons entitled to be registered at the time of the coming into

force of the revised statutes.

2. Any member of any incorporated college of physicians and surgeons

of any province of the Dominion of Canada, or any member of any other

incorporated body of medical men in Canada, exercising powers similar

to those conferred by this act on the College of Physicians and

Surgeons of Manitoba, where, by the laws of the province under which

the said incorporated body exists, similar rights to register and to

practise medicine are granted to the persons incorporated under this

act.

3. Every person mentioned in chap. 48 of Act 49 and 50 Vict. of the

Parliament of the United Kingdom.

4. Every graduate in medicine upon examination of the University of

Manitoba.

5. Every person who produces to the registrar the certificate under the

corporate seal of the University of Manitoba hereinafter provided for

(_ib._, s. 29).

The registrar is required to keep his register correct, and to make

from time to time the necessary alterations in the addresses or

qualifications of the persons registered (_ib._, s. 30).

Every person registered who obtains a higher degree or other

qualification is entitled to have it inserted in the register in

substitution of or in addition to the qualification previously

registered, on the payment of such fees as the council may appoint

(_ib._, s. 34).

No qualification is entitled to be entered on the register unless the

registrar be satisfied by proper evidence that the person claiming it

is entitled thereto. Appeal lies from the registrar’s decision to the

council (_ib._, s. 35).

The registrar, if dissatisfied with the evidence adduced, may, subject

to appeal to the council, refuse registration until proper evidence is

furnished, duly attested by oath or affirmation before a judge of any

county court (_ib._, s. 36).

FRAUDULENT REGISTRATION.—Any entry proved to the satisfaction of the

council to have been fraudulently or incorrectly made may be erased

from the register by order in writing of the council (_ib._, s. 38).

If a person procures or causes to be procured his registration by false

or fraudulent representations or declarations, the registrar may,

on the receipt of sufficient evidence of the falsity or fraudulent

character, represent the matter to the council, and may on the written

order of the president, attested by the seal of the college, erase his

name from the register, and cause notice of the fact and cause to be

published in the Manitoba _Gazette_, and after such notice has appeared

such person shall cease to be a member of the College of Physicians

and Surgeons, and to enjoy any privilege enjoyed or conferred by

registration at any further time without the express sanction of the

council (_ib._, s. 39).

FORFEITURE OF RIGHTS.—Any registered medical practitioner convicted

of felony or misdemeanor before or after the passage of the act or his

registration forfeits his right to registration, and by direction of

the council his name shall be erased. If a person known to have been

convicted of felony or misdemeanor presents himself for registration,

the registrar may refuse registration. If any person registered be

judged, after due inquiry by the council, to have been guilty of

infamous or unprofessional conduct in any respect, the council may

direct the registrar to erase his name (_ib._, s. 40).

The council may, and upon the application of any three registered

medical practitioners shall, cause inquiry to be made into the case of

a person liable to have his name erased from the register, and on proof

of such conviction or such infamous or unprofessional conduct shall

cause his name to be erased; but no erasure shall be made on account of

his adopting or refraining from adopting the practice of any particular

theory of medicine or surgery, nor on account of conviction for a

political offence out of Her Majesty’s dominions, nor on account of the

conviction which ought not in the opinion of the council or committee

disqualify him from the practice of medicine or surgery (_ib._, s. 41).

The council may order to be paid, out of funds at their disposal,

such costs as to them may seem just, to any person against whom any

complaint has been made which, when fully determined, is found to have

been frivolous and vexatious (_ib._, s. 42).

An entry erased by order of the council shall not be again entered

except by order of the council or a judge or court of competent

jurisdiction (_ib._, s. 43).

If the council think fit, they may direct the registrar to restore any

entry erased, without a fee, or on payment of a fee not exceeding the

registration fee, as the council may fix (_ib._, s. 44).

The council is authorized to ascertain the facts of any case for the

exercise of its powers of erasing and restoring by committee (_ib._, s.

45).

The act provides in detail for proceedings before such committee

(_ib._, s. 46 to 50).

No action shall be brought against the council or committee for

anything done _bona fide_ under the act. Appeal from the decision to

erase lies to any judge of the court of Queen’s Bench for Manitoba,

and such judge may make such order as to restoration or confirmation

of erasure or for further inquiry, and as to costs, as to him may seem

right (_ib._, s. 51).

EVIDENCE.—In a trial under this act the burden of proof as to

registration is on the person charged (_ib._, s. 53).

The production of a certificate that the person named is duly

registered, certified under the hand of the registrar, is sufficient

evidence of registration, and his signature in the capacity of

registrar is _prima facie_ evidence that he is registrar without proof

of signature or that he is registrar (_ib._, s. 54).

The registrar is required to print and publish from time to time under

the direction of the council a correct register of the names and

residences, with medical titles, diplomas, and qualifications conferred

by any college or body, with the date thereof, of all persons appearing

on the register as existing on the day of publication (_ib._, s. 55).

The register is called “The Manitoba Medical Register;” a copy thereof

for the time being purporting to be so printed and published is _prima

facie_ evidence that the persons specified are registered (_ib._, s.

56).

In the case of any person whose name does not appear in such copy, a

certified copy under the hand of the registrar of the council of the

entry of the name of such person on the register is evidence that

such person is registered (_ib._, s. 57). The absence of the name of

any person from such copy is _prima facie_ evidence that he is not

registered (_ib._, s. 58).

PRACTITIONER’S RIGHTS.—Every person registered is entitled according

to his qualifications to practise medicine, surgery, or midwifery, or

any of them as the case may be, and to demand and recover full costs

of suit, reasonable charges for professional aid, advice, and visits,

and the cost of any medicine or other medical appliances rendered or

supplied by him to his patient (_ib._, s. 59).

NEGLECT TO REGISTER.—A person neglecting to register is not entitled

to the rights and privileges conferred, and is liable to all penalties

against unqualified or unregistered practitioners (_ib._, s. 60).

UNREGISTERED PERSONS.—It is not lawful for any person not registered

to practise medicine, surgery, or midwifery for hire, gain, or hope of

reward (_ib._, s. 61).

No person is entitled to receive any charge for medical or surgical

advice or attendance, or the performance of any operation, or for

any medicine which he may have prescribed or supplied, unless he be

registered, but this provision does not extend to the sale of any drug

or medicine by a licensed chemist or druggist (_ib._, s. 62).

No person can be appointed as a medical officer, physician, or

surgeon in the public service, or in any hospital or other charitable

institution not supported wholly by voluntary contribution, unless he

be registered (_ib._, s. 63).

No certificate required from any physician or surgeon or medical

practitioner is valid unless the signer be registered (_ib._, s. 64).

DEFINITION.—The expression “legally qualified medical practitioner,”

or any other words importing legal recognition as a medical

practitioner or member of the medical profession, in any law, is

construed to mean a person registered under this act (_ib._, s. 65).

IMMUNITIES.—A person registered under this act is exempt from jury and

inquest duty if he desire it (_ib._, s. 66).

LIMITATIONS.—No duly registered member of the College of Physicians

and Surgeons is liable in an action for negligence or malpractice by

reason of professional services requested or rendered, unless it be

commenced within one year from the termination of such service (_ib._,

s. 67).

EXAMINATIONS.—The University of Manitoba is the sole examining body

in medicine, and the council of the university may grant to any person

a certificate under the seal of the university that the council of

the university have been satisfied that the person mentioned in the

certificate is, by way of medical education and otherwise, a proper

person to be registered under this act; but such certificate shall not

be granted until the person making such application shall have given

evidence of qualification by undergoing an examination or otherwise,

as the statutes of the university require, and the applicant shall in

all other respects first comply with the rules and regulations of the

university in that behalf (_ib._, s. 68).

HOMŒOPATHISTS.—Until a homœopathic medical college for teaching

purposes is established in Manitoba, in the case of candidates wishing

to be registered as homœopathists, the full time of attendance upon

lectures and hospitals required by the university statutes may be spent

in such homœopathic medical colleges in the United States or Europe as

may be recognized by the University of Manitoba (_ib._, s. 69).

Every candidate who at the time of his examination signifies his

wish to be registered as a homœopathic practitioner shall not be

required to pass an examination in materia medica or therapeutics, or

theory or practice of physic, or in surgery or midwifery, except the

operative practical parts thereof, before any examiners other than

those homœopathic examiners who shall be appointed by the University of

Manitoba (_ib._, s. 70).

UNLAWFUL PRACTICES.—To wilfully procure or attempt to procure

registration by false or fraudulent representation or declaration, is

punishable by a penalty not exceeding $100. To knowingly aid or assist

therein, is punishable by a penalty of from $20 to $50 for each offence

(_ib._, s. 73).

Persons not registered, for hire, gain, or the hope of reward,

practising or professing to practise medicine, surgery, or midwifery,

or advertising to give advice in medicine, surgery, or midwifery, are

liable to a penalty of from $25 to $100 (_ib._, s. 74).

A person wilfully or falsely pretending to be a physician, doctor

of medicine, surgeon, or general practitioner, or assuming a title,

addition, or description other than he actually possesses and is

legally entitled to, is liable to a penalty of from $10 to $50 (_ib._,

s. 75).

For a person to assume a title calculated to lead people to infer that

he is registered, or is recognized by law as a physician, surgeon,

or accoucheur or a licentiate in medicine, surgery, or midwifery, is

punishable with a penalty of from $25 to $100 (_ib._, s. 76).

On prosecution, costs may be awarded in addition to the penalty, and

the offender may be committed to the common jail for one month, unless

the penalty and costs are sooner paid (_ib._, s. 78).

PROSECUTOR.—Any person may be prosecutor or complainant under the act

(_ib._, s. 80).

LIMITATIONS.—Prosecutions are limited to commence within six months

after the date of the offence (_ib._, s. 81).

APPEAL.—A person convicted under this act, giving notice of appeal,

must before being released give satisfactory security for the penalty

and costs of conviction and appeal (_ib._, s. 82).

STAY.—The council may stay proceedings in prosecutions (_ib._, s. 84).

FEES.—The council is authorized to determine by by-law an annual fee,

which is required to be paid by each member of the college—the fee can

be not less than $2, nor more than $5, is payable on January 1st, and

may be recovered as a debt by the college (_ib._, s. 32).

The fee for registration is subject to regulation by the council

(_ib._, s. 33).

NEW BRUNSWICK.

MEDICAL SOCIETY.—All persons registered under the act constitute the

New Brunswick Medical Society (Act 1881, c. 19, s. 2).

COUNCIL.—There is a medical council called the Council of Physicians

and Surgeons of New Brunswick, of nine legally qualified medical

practitioners, of not less than seven years’ standing; four are

nominated and appointed by the governor in council, and five by the New

Brunswick Medical Society (_ib._, s. 3, 5).

The secretary of the council is the registrar (_ib._, s. 7).

to print and publish in the _Royal Gazette_ of the province, and such

other manner as the council shall appoint, a correct register of the

names and residences and medical titles, diplomas, and qualifications

conferred by any college or body, with the dates thereof, of all

persons appearing on the register on the 1st of January. The register

is called the Medical Register; a copy for the time being purporting to

be so printed and published, or a certificate signed by the president

of the council, and attested by the registrar with the corporate seal

of the council, is _prima facie_ evidence that the persons therein

specified are registered and qualified; the absence of a name from such

copy or the want of such certificate is _prima facie_ evidence that

such person is not registered. If a name does not appear on the copy, a

certified copy, under the hand of the registrar of the council, of the

entry of a name on the register is evidence of registration (_ib._, s.

8).

ENTRANCE UPON STUDY.—A person beginning or entering on the study

of physic, surgery, or midwifery, for the purpose of qualifying to

practise in the province, must have obtained from the council a

certificate that he has satisfactorily passed a matriculation or

preliminary examination in the subjects enumerated in the act, unless

he has passed a matriculation examination for the medical course in

arts and science at some college in Great Britain, Ireland, Canada, the

United States of America, or the Continent of Europe (_ib._, s. 10).

The act prescribes formalities for admission to such preliminary

examination (_ib._, s. 10).

QUALIFICATION.—Subject to the exceptions hereinafter, no person

can lawfully practise physic, surgery, or midwifery unless he be

registered, or unless he shall have received from the council a license

to practise (_ib._, s. 11).

No person is entitled to registration or license unless he shall

satisfy the council that he has passed a matriculation or preliminary

examination; that after passing such examination he has followed his

studies for not less than four years, one of which may be under the

direction of one or more general practitioners duly licensed; that

during such four years he has attended at some university, college,

or incorporated school of medicine in good standing, courses of

lectures amounting together to not less than twelve months on general

anatomy, on practical anatomy, on surgery, on practice of medicine,

on midwifery, on chemistry, on materia medica and pharmacy, and on

the institutes of medicine or physic, and one three-months’ course

of medical jurisprudence; that he has attended the general practice

of an hospital in which are not less than fifty beds under the charge

of not less than two physicians or surgeons, for not less than one

year or two periods of not less than six months each; that he has

also attended two three-months’ courses or one six-months’ course of

clinical medicine, the same of clinical surgery; that he has, after an

examination in the subjects of the course, obtained a degree or diploma

from such university, college, or incorporated medical school if such

institution require a four-years’ course for its diploma, or for the

want of such degree or diploma that he has satisfactorily passed an

examination in the various branches hereinbefore specified before the

examiners appointed by the council; that he is not less than twenty-one

years of age; that he has paid to the registrar of the council a fee

of ten dollars. The council has power, subject to the approval of

the governor in council, to make alterations as may be required in

the foregoing curriculum. If any person apply for registration as a

practitioner of any system of medicine, the registered practitioners of

that system have the right to appoint an examiner or examiners on the

subjects peculiar to that system, viz., materia medica, pharmacy, and

therapeutics, and if they neglect so to do the council has the power to

appoint such examiner or examiners (_ib._, s. 12).

The last preceding section does not apply to persons in actual practice

entitled to register under sec. 38. Any person producing to the council

conclusive evidence that he has passed a matriculation or a preliminary

examination, as required by this act for persons beginning medical

studies in New Brunswick, that he has before graduating or taking a

diploma studied at least four years as provided in sec. 12, or pursued

what the council deem an equivalent course of study and has passed a

final examination in the subjects of such course, or, for the want of

such requirement, shall have fulfilled such conditions as the council

may determine, and shall pay a fee of ten dollars, shall be entitled to

registration and to receive a license to practise (_ib._, s. 13).

The act makes special provision for residents of the province who began

study before January 1st, 1881 (_ib._, s. 14, as amended 1882, c. 30,

s. 1).

DUTIES OF COUNCIL.—The council is empowered and required to regulate

the study of medicine, surgery, and midwifery, with regard to

preliminary qualifications, course of study, final examination, and the

evidence to be produced before the council; to appoint a registration

committee; to examine all degrees, diplomas, licenses, and other

credentials presented or given in evidence under the act to enable the

owner to practise in New Brunswick, and to oblige the owner to attest

on oath or affirmation that he is the person whose name is mentioned

therein, and that he became possessed thereof properly and honestly;

to cause every member of the profession practising in New Brunswick to

of license or diploma, and the place where he obtained it; to appoint

medical examiners, who may be members of the council, to hold final

examinations, who shall be regularly qualified practitioners of not

less than five years’ professional standing and three years’ residence

in the province (_ib._, s. 15, as amended 1882, c. 30, s. 2, 3).

CORRECTION OF REGISTER.—The registrar is required to erase the names

of all registered persons who shall have died, left the province

without the intention of returning, or ceased to practise for five

years; and from time to time to make the necessary alterations in the

addresses or qualifications of registered persons. Any name erased

shall be restored by the order of the council on sufficient cause duly

shown (_ib._, s. 18).

NEGLECT TO REGISTER.—Persons entitled to registration, neglecting or

omitting to register, are not entitled to any rights or privileges

conferred by the act (_ib._, s. 19).

SYSTEM OF PRACTICE.—No person otherwise qualified shall be refused

registration or license on account of the adoption or the refusal to

adopt the practice of any particular theory of medicine or surgery.

In case of refusal the aggrieved party may appeal to the governor in

council, who is required, on due cause shown, to issue an order to the

council to register his name and grant him a license to practise, and

thereupon the council shall forthwith register his name and grant him a

license to practise (_ib._, s. 20).

EVIDENCE OF QUALIFICATION, FRAUDULENT REGISTRATION.—No qualification

can be entered unless the registrar be satisfied by proper evidence

that the person claiming it is entitled to it. An appeal may be made

from the registrar’s decision to the council. Any entry proved to the

satisfaction of the council to have been fraudulently or incorrectly

made may be erased by the order in writing of the council, and the name

of such person fraudulently registering, or attempting to register,

may, at the discretion of the council, be published in the next issue

of the _Royal Gazette_ (_ib._, s. 21).

FORFEITURE OF RIGHT.—A registered medical practitioner convicted of

felony, or after due inquiry judged by the council to have been guilty

of infamous conduct in any professional respect thereby, subject to

appeal to the governor in council, forfeits his right to registration,

and by the direction of the council his name shall be erased from the

The time and place of inquiry under the preceding section must be fixed

by the council, and at least fourteen days’ notice given to the party

against whom inquiry is ordered (Act 1886, c. 82, s. 6).

The Act of 1886, c. 82, regulates the procedure on such inquiry.

ADDITIONAL QUALIFICATIONS.—Every person registered who may obtain a

higher degree or other qualification is entitled to have it registered

in substitution for, or in addition to, the qualifications previously

registered, on the payment of such fee as the council may demand (Act

1881, c. 19, s. 23).

PRACTITIONER’S RIGHTS.—Every person registered under the act is

entitled according to his qualifications to practise medicine, surgery,

midwifery, or dentistry, or either or any of them as the case may

be, and to demand and recover reasonable and customary charges for

professional aid, advice, and visits, and the cost of any medicine or

other medical or surgical appliances rendered or supplied by him to his

patients (_ib._, s. 24).

No person is entitled to recover any such charge unless he shall prove

upon the trial that he is registered under this act (_ib._, s. 25).

DEFINITION.—The words “legally qualified medical practitioner,” or

“duly qualified medical practitioner,” or other words implying that a

person is recognized by law as a medical practitioner or member of the

medical profession, when used in a legislative act or a legal or public

document mean a person registered under this act (_ib._, s. 26).

UNREGISTERED PERSONS.—No person shall be appointed a medical officer,

physician, or surgeon in the public service or in any hospital or other

charitable institution unless registered (_ib._, s. 27).

No certificate required from any physician or surgeon or medical

practitioner is valid unless the signer be duly registered (_ib._, s.

28).

A person not registered or licensed, and not actually employed as

a physician or surgeon in Her Majesty’s naval or military service,

practising physic, surgery, or midwifery for hire, gain, or hope of

reward, forfeits twenty dollars for each day of such practice (_ib._,

s. 29).

The sum forfeited is recoverable with costs. The procedure in reference

to all penalties is regulated by Act of 1886, c. 82.

Persons liable as provided in secs. 29 and 30 are not entitled to or

subject to the provisions of any act for the relief of debtors (Act

1882, c. 30, s. 4).

On the trial of such cause, the burden of proof as to license or right

to practise is upon the defendant (Act 1881, c. 19, s. 31; Act 1886, c.

82, s. 3).

FRAUDULENT REGISTRATION.—Wilfully procuring or attempting to procure

registration by making or producing, or causing to be made or produced,

a false or fraudulent representation or declaration, or aiding or

assisting therein, is punishable with a forfeiture of not less than

$100 (Act 1881, c. 19, s. 33).

Wilfully or falsely pretending to be or using any name or description

implying registration is punishable with a forfeiture of from $50 to

$100 (_ib._, s. 34).

LIMITATIONS.—No prosecution can be commenced under the act after one

year from the date of the offence (Act 1886, c. 82, s. 4).

EXCEPTIONS.—The act does not prevent persons from giving the necessary

medical or surgical aid or attendance to any one in urgent need of

it, provided it be without gain, and the giving of it be not made a

business or way of gaining a livelihood; nor does it prevent any woman

from giving the necessary aid in cases of confinement as heretofore

accustomed (Act 1881, c. 19, s. 36).

EXAMINATION.—All persons who subsequent to the passage of the act

pass the examination prescribed by the council of physicians and

surgeons, or presenting approved credentials, certificates, or diplomas

equivalent to such examination, are entitled to register and receive a

license to practise (_ib._, s. 38).

PHYSICIANS IN ARMY OR NAVY.—A person while employed in actual service

in Her Majesty’s naval or military service as a physician or surgeon,

may practise physic, surgery, or midwifery with registry or license

(_ib._, s. 39).

NON-RESIDENTS.—Non-resident registered practitioners of medicine

residing in the State of Maine or in the Province of Quebec or Nova

Scotia near the boundary line of this province whose regular practice

extends into any town, parish, or county in New Brunswick may register

under the act (_ib._, s. 44).

No other non-resident practitioner of medicine is entitled to register

(Act 1884, c. 17, s. 1).

EXCEPTIONS.—The act does not extend to clairvoyant physicians

practising at the time of its passage in the province, nor to midwives

(Act 1881, c. 19, s. 45).

STUDENTS.—The act establishes a uniform standard of matriculation or

preliminary examinations (_ib._, Sched. B).

OATHS.—Any oath or affidavit required by the medical act may be taken

before any justice of the peace or person by law authorized to take any

oath or affidavit (Act 1882, c. 30, s. 6).

FEES.—To the registrar, for registration under secs. 12 and 13, $10

(Act 1881, c. 19, s. 12 and 13).

To the registrar, for the registration of an additional qualification,

such fee as the council may demand (Act 1881, c. 19, s. 23).

To the registrar, or his deputy, annual fee from each practitioner, to

be fixed by the council, not more than $2 nor less than $1 (Act 1882,

c. 30, s. 5).

Each registered medical practitioner must, if required by the council,

pay to the registrar, or a person deputed by him, an annual fee

determined by the council, not less than $1 nor more than $2, payable

January 1st each year, and recoverable as a debt with costs in the name

of the council (Act 1882, c. 30, s. 5).

If any practitioner omit to pay the registration fee before the

registrar causes the register to be printed in the _Royal Gazette_, the

registrar shall not cause the name of such practitioner to be printed,

and he shall thereupon cease to be deemed a registered practitioner;

but afterward, on paying such fee, he shall be entitled to all his

rights and privileges as a registered practitioner from the time of

payment (Act 1884, c. 17, s. 2).

NEWFOUNDLAND.

MEDICAL BOARD.—There is a board composed of seven regularly qualified

medical practitioners of not less than five years’ standing, appointed

as provided in the act, and known as the “Newfoundland Medical Board,”

whose duties relate, among other things, to the making and enforcing of

measures necessary for the regulation and the practice of medicine (Act

1893, c. 12, s. 2, 3, 19).

The board is authorized to appoint examiners and fix times of

examinations (_ib._, s. 5).

The secretary of the board is the registrar (_ib._, s. 7).

January 1st in each year to cause to be published in the _Royal

Gazette_ of Newfoundland a list of the names of all persons appearing

on the register at that date, with their places of residence, titles,

diplomas, and qualifications as conferred by any college or body, with

the date (_ib._, s. 8).

Such register is called the Medical Register, and a copy thereof

is _prima facie_ evidence that the persons therein specified are

registered according to the act; and the absence of a name therefrom is

_prima facie_ evidence that such person is not so registered (_ib._, s.

9).

QUALIFICATION.—The members of the board form a body of medical

examiners of diplomas and degrees, whose certificate shall be the only

license permitting the practice of medicine, surgery, or midwifery,

except as hereinafter provided, provided the applicant for such license

shall previously have obtained a medical diploma from a recognized

college or university, or as hereinafter provided (_ib._, s. 10.)

Every person is entitled to have his name entered on the register

on satisfying the board that he holds a degree or diploma from some

regular university or school of medicine in good standing, and he shall

then receive from the board a license bearing its seal, on the payment

to the registrar of $5, and shall have his name entered on the register

(_ib._, s. 11).

No such licensed practitioner shall be entitled to practise in any year

without taking out from the board, before the 1st of January in every

year, a certificate of practice for which he shall pay $1 (_ib._, s.

12).

STUDENTS.—The act provides the requirements for entering on the study

of medicine, surgery, or midwifery in the colony (_ib._, s. 13, 14, 17).

DUTIES OF BOARD.—The board is required to examine all degrees and

other credentials produced or given in evidence under the act for

the purpose of enabling the owners to practise, and, if it be deemed

necessary, to oblige the owner to attest on oath or affidavit that he

is the person whose name is mentioned therein, and that he has become

possessed of the same by lawful means (_ib._, s. 16).

The board is required to cause every member of the profession

practising in Newfoundland to enter his name, age, place of residence,

date of license or diploma and where it was obtained, on the register

(_ib._, s. 18).

NEGLECT TO REGISTER.—A person entitled to be registered, who neglects

or omits to apply, is not entitled to any of the rights or privileges

conferred by the act so long as the neglect or omission continues

(_ib._, s. 25).

ADDITIONAL QUALIFICATION.—A person registered who obtains a higher

degree or diploma is entitled to have it inserted in the register in

addition to or in substitution for those previously registered (_ib._,

s. 26).

RIGHTS OF REGISTERED PERSONS.—A person properly registered under the

act is entitled to practise medicine, surgery, and midwifery in any

part of the colony, and to demand and recover reasonable charges for

professional aid or advice with the cost of medicine or other medical

and surgical appliance supplied by him (_ib._, s. 27).

UNREGISTERED PERSONS.—No person whose name is not registered under the

act is entitled to recover any fees for any medical or surgical advice,

or for any services whatsoever rendered in the capacity of a medical

man, nor to recover the payment of charges for any medicine or medical

or surgical appliance which may have been both prescribed and supplied

by him. This clause is not intended to interfere with the practice of

midwifery by competent females as hereinafter provided (_ib._, s. 28).

OFFENCES AND PENALTIES.—Except as hereinafter provided, if a person

not registered or licensed under the act practises medicine, surgery,

or midwifery for hire, gain, help [_sic_] or reward, or wilfully and

falsely pretends to be a physician, doctor of medicine, surgeon, or

general practitioner, or takes or uses any name, title, addition [or]

description, implying or calculating [_sic_] to deceive or lead the

public to infer that he is registered under this act, or who proposes

by public advertisement, card, circular, or otherwise, to practise

medicine, surgery, or midwifery, or give advice therein, or in anywise

lead people to infer that he is qualified to practise medicine,

surgery, or midwifery, he shall forfeit $20 for each day that he so

practises or leads people to infer that he is a practitioner, or shall

suffer imprisonment not exceeding twelve months (_ib._, s. 29).

Persons violating the above regulations are subject to the penalties of

the act, and in all cases the burden of proof as to qualification is

upon the defendant or practitioner (_ib._, s. 30).

EXPULSION OF MEMBER.—The Newfoundland Medical Board may try and expel

any member of the profession for acts of malpractice, misconduct, or

immoral habits, provided five-sevenths of the whole number record their

signatures to such a measure (_ib._, s. 32).

EXCEPTIONS.—The act does not prevent private persons from giving the

necessary medical or surgical aid in times of urgent need, provided

such aid or attention is not given for gain or hire, nor the giving of

it made a business or a way of gaining a livelihood (_ib._, s. 34).

Every person residing in the colony and who shall have practised

medicine, surgery, and midwifery for five years consecutively in one

locality previous to the passage of the act, on the proof of the same,

shall have his name registered and receive a license to practise under

the act; provided, the board may grant a license to any person who may

have practised for a shorter period, on being satisfied by examination,

or inquiry, that such person is reasonably competent and fit; and

further provided, that the board may, after examination and inquiry,

license persons with a reasonable amount of competence to practise

in specified localities, in which no qualified practitioners reside

(_ib._, s. 37).

Any person while employed in actual service in any naval or military

service as physician or surgeon may practise medicine, surgery, and

midwifery after having been registered (_ib._, s. 38).

DEFINITION.—The words “legally qualified medical practitioner” or

“duly qualified medical practitioner,” or any other words importing a

person recognized by law as a medical practitioner or a member of the

medical profession, when used in any act of the legislature or legal or

public document, mean a person registered under this chapter, unless as

otherwise provided (_ib._, s. 39).

MEDICAL APPOINTMENTS.—No person shall be appointed as a medical

officer, physician, or surgeon in any branch of the public service or

any hospital or other charitable institution unless he be registered

under the provisions of this chapter (_ib._, s. 40).

THEORIES OF MEDICINE OR SURGERY.—No person otherwise fully qualified

shall be refused registration, or a license to practise, on account of

his adopting or refusing to adopt the practice of any particular theory

of medicine or surgery. In case of such refusal by the board, the party

aggrieved may appeal to the governor in council, who, on due cause

shown, shall issue an order to the board to register the name of such

person and grant him a license (_ib._, s. 41).

MIDWIVES.—The act does not prevent competent females from practising

midwifery (_ib._, s. 42).

FEES.—To the registrar, for license, $5 (_ib._, s. 11).

To the board, each year, for a certificate of practice, $1 (_ib._, s.

12).

NORTHWEST TERRITORIES.

COLLEGE OF PHYSICIANS AND SURGEONS.—The members of the medical

profession are a body corporate under the name of “The College of

Physicians and Surgeons of the Northwest Territories” (Ord. 5 of 1888,

s. 2).

Every person registered according to Ordinance 11 of 1885 is a member

of the said college and shall be held to be registered under this

ordinance from the date of its passage (_ib._, s. 3, as amended Ord. 9

of 1891-92).

Every person registered under this law is a member of the college

(_ib._, s. 4).

COUNCIL.—There is a council of said college elected by the members

from the members registered in pursuance of this ordinance (_ib._, s.

5, 6, 7).

The council appoints among other officers a registrar (_ib._, s. 26).

are entitled to register under this ordinance (_ib._, s. 31).

The council is required to cause the registrar to keep a register of

the names of all persons who have complied with this ordinance, and

the rules and regulations of the council respecting the qualifications

required from practitioners of medicine or surgery. Only those persons

whose names are inscribed in the register are deemed qualified and

licensed to practise medicine or surgery, except as hereinafter

provided (_ib._, s. 32).

The registrar is required to keep his register correct and to make the

necessary alterations in the addresses or qualifications of persons

registered (_ib._, s. 33).

The council is required to admit on the register:

(_a_) Any person possessing a diploma from any college in Great Britain

and Ireland (having power to grant such diploma) entitling him to

practise medicine and surgery, and who shall produce such diploma and

furnish satisfactory evidence of identification;

(_b_) any member of the College of Physicians and Surgeons of the

Provinces of Manitoba, Ontario and Quebec upon producing satisfactory

evidence of the same and of identification;

(_c_) any person who shall produce from any college or school of

medicine and surgery in the Dominion of Canada requiring a four-years’

course of study _and_ (_sic_) a diploma of qualification; provided he

furnish to the council satisfactory evidence of identification, and

pass if deemed necessary, before the members thereof, or such examiners

as may be appointed for the purpose, a satisfactory examination

touching his fitness and capacity to practise as a physician and

surgeon, upon payment to the registrar of fifty dollars (_ib._, s. 34,

as substituted by Ord. 14, 1890, amended by Ord. 9, 1891-92).

POWERS OF COUNCIL.—The members of the council are required to make

orders, regulations, or by-laws for the regulation of the register and

the guidance of examiners, and may prescribe subjects and modes of

examination, and may make all regulations in respect of examinations,

not contrary to the ordinance, that they may deem expedient and

necessary (_ib._, s. 36).

The council may by by-law delegate to the registrar power to admit to

practice and to register any person having the necessary qualifications

entitling him to be registered by the council (Ord. 24, 1892, s. 4).

The council may direct the name of any person improperly registered

to be erased from the register and such name shall be erased by the

registrar (Ord. 24, 1892, s. 5).

FORFEITURE OF RIGHTS.—If a medical practitioner be convicted of any

felony or misdemeanor or after due inquiry be judged by the council to

have been guilty of infamous conduct in any professional respect, the

council may, if it sees fit, direct the registrar to erase the name of

such practitioner from the register, and the name shall be erased (Ord.

5, 1888, s. 37, as substituted by Ord. 24, 1892, s. 1).

RIGHTS OF REGISTERED PERSONS.—Every person registered under the

ordinance is entitled to practise medicine and surgery, including

midwifery, or any one of them, as the case may be, and to demand and

recover with costs his reasonable charges for professional aid, advice,

and visits, and the cost of medical or surgical appliances rendered or

supplied by him to his patients (_ib._, s. 38).

LIMITATION.—A period of one year after the term of professional

service is established as a limitation to actions for negligence or

malpractice against members of the college (_ib._, s. 39).

is required to publish a register of the names and residences and

the medical titles, diplomas, and qualifications conferred by any

college or body, of all persons appearing on the register on the day

of publication. The register is called “Northwest Territories’ Medical

and published, is _prima facie_ evidence that the persons therein

specified are registered according to the act. The absence of a name

from such copy is _prima facie_ evidence that such person is not so

registered.

In case a person’s name does not appear on such copy, a certified copy

under the hand of the registrar of the entry of the name of such person

on the register is evidence that such person is registered (_ib._, s.

40).

NEGLECT TO REGISTER.—A person neglecting to register is not entitled

to the rights or privileges conferred and is liable to all penalties

against unqualified or unregistered practitioners (_ib._, s. 4).

OFFENCES AND PENALTIES.—To practise or profess to practise without

registration, for hire or reward, is punishable with a penalty of $100

(_ib._, s. 42).

To wilfully or falsely pretend to be a physician, doctor of medicine,

surgeon, or general practitioner, or assume any title or description

not actually possessed and to which the person is not legally entitled

under this ordinance, is punishable with a penalty of from $10 to $50

(_ib._, s. 43, as amended by Ord. 24, 1892, s. 2).

To take or use a name or description implying or calculated to lead

people to infer registration or recognition by law as a physician,

surgeon, or licentiate in medicine or surgery is punishable with a

penalty of from $25 to $100 (_ib._, s. 44).

UNREGISTERED PERSONS.—No person is entitled to recover for any medical

or surgical advice or attendance or the performance of any operation

or medicine which he may have prescribed (_ib._, s. 45); nor to be

appointed as medical officer, physician, or surgeon in any branch of

the public service or in any hospital or other charitable institution

not supported wholly by voluntary contributions, unless registered

(_ib._, s. 46).

No certificate required from a physician or surgeon or medical

practitioner is valid unless the signer is registered (_ib._, s. 47).

COSTS.—In prosecutions, payment of costs may be awarded in addition to

the penalty, and in default of payment the offender may be committed to

the common jail for not more than one month (_ib._, s. 48).

BURDEN OF PROOF.—In prosecutions, the burden of proof as to

registration is upon the person charged (_ib._, s. 49).

PROOF.—The production of a printed or other copy of the register,

certified under the hand of the registrar, for the time being is

sufficient evidence of all persons [registered]; a certificate on

such copy purporting to be signed by any person in the capacity of

registrar of the council under this ordinance is _prima facie_ evidence

that he is registered without proof of his signature or of his being in

fact registrar (_ib._, s. 50).

LIMITATION OF PROSECUTIONS.—Prosecutions must be commenced within six

months from the date of the offence (_ib._, s. 51).

STAY.—The council may stay proceedings in prosecutions where deemed

expedient (_ib._, s. 52).

PROSECUTOR.—Any person may be prosecutor or complainant (_ib._, s. 53).

DEFINITION.—“Legally qualified medical practitioner” or “duly

qualified medical practitioner,” or any other words implying legal

recognition as a medical practitioner or member of the medical

profession, when used in any law or ordinance, mean a person registered

under this ordinance (_ib._, s. 55).

HOMŒOPATHISTS.—Homœopathic physicians may be registered under this

ordinance on complying with the terms of sec. 34 (_ib._, s. 58).

FEES.—To the council from each member annually as the council may

determine, not more than $2 and not less than $1 (_ib._, s. 35).

To the registrar, for registration, $50 (_ib._, s. 56, as substituted

by Ord. 24, 1892, s. 3).

NOVA SCOTIA.

MEDICAL BOARD.—There is a provincial medical board consisting of

thirteen regular qualified medical practitioners of not less than seven

years’ standing, seven nominated and appointed by the governor in

council, and six by the Nova Scotia Medical Society (R. S., 5th ser.,

c. 24, s. 1).

The board appoints a secretary who is the registrar of the board

(_ib._, s. 3, 4).

each year to cause to be printed and published in the _Royal Gazette_

of the province, and in such other manner as the board shall appoint,

a correct register of the names and residences and medical titles,

diplomas, and qualifications conferred by any college or body, with the

dates thereof of all persons appearing on the register as existing on

June 30th. Such register is called “The Medical Register,” and a copy

thereof for the time being, purporting to be so printed and published,

is _prima facie_ evidence that the persons specified are registered

according to this chapter. The absence of a name from such copy is

_prima facie_ evidence that such person is not so registered. In the

case of a person whose name does not appear in such copy, a certified

copy, under the hand of the registrar, of the entry of his name on

the register is evidence that such person is registered under the

provisions of this chapter (_ib._, s. 5).

STUDENTS.—No person can begin or enter on the study of physic,

surgery, or midwifery, for the purpose of qualifying himself to

practise in the province, unless he shall have obtained from the

provincial medical board a certificate that he has satisfactorily

passed a matriculation examination in the subjects specified in the

chapter (_ib._, s. 6).

The chapter prescribes the prerequisites to admission to preliminary

examinations (_ib._, s. 7, 12).

QUALIFICATION.—Subject to the exceptions hereinafter, no person

can lawfully practise physic, surgery, or midwifery unless his name

be registered and unless he shall have received from the provincial

medical board a license to practise (_ib._, s. 8).

No person is entitled to be registered or to receive a license

to practise unless he satisfy the board that he has passed the

matriculation or preliminary examination; that after passing such

examination he has followed his studies during a period not less than

four years (one of which may be under the direction of one or more

general practitioners duly licensed); that during such four years he

has attended at some university, college, or incorporated school of

medicine in good standing, courses of lectures amounting together to

not less than twelve months on general anatomy, on practical anatomy,

on surgery, on the practice of medicine, on midwifery, on chemistry,

on materia medica and pharmacy, and on the institutes of medicine or

physiology, and one three-months’ course of medical jurisprudence;

that he has attended the general practice of a hospital in which

are not less than fifty beds under the charge of not less than two

physicians or surgeons, for a period of not less than one year or two

periods of not less than six months each; that he has also attended

two three-months’ courses or one six-months’ course of clinical

medicine, and the same of clinical surgery; that he has, after an

examination in the subjects of the course, obtained a degree or diploma

from such university, college, or incorporated medical school, or,

for want of such degree or diploma, that he has satisfactorily passed

an examination in the various branches hereinbefore specified before

examiners to be appointed by the provincial medical board; that he

is not less than twenty-one years of age; and that he has paid the

registrar twenty dollars.

The provincial medical board has power, subject to the approval of

the governor in council, to make such alterations in the foregoing

curriculum as may from time to time be required (_ib._, s. 9).

The last preceding section does not apply to any person in actual

practice duly registered under chap. 56 of Revised Statutes, 3d series;

such persons are entitled to be registered and receive a license to

practise under this chapter without fee. Notwithstanding such section,

any person on producing to the said board conclusive evidence that

he has passed a matriculation or preliminary examination such as is

required for persons beginning their medical studies in Nova Scotia;

that he has, before graduating or taking a diploma, studied for at

least four years in the manner provided in sec. 9 or pursued what

the board deem an equivalent course of study, and has passed a final

examination in the subjects of such course; or, for the want of any of

such requirements, shall have fulfilled such conditions as the board

may determine and shall pay a fee of twenty dollars, shall be entitled

to be registered and to receive a license to practise (_ib._, s. 10).

POWERS OF BOARD.—The said board among other powers has the power

to examine all degrees, diplomas, licenses, and other credentials

presented or given in evidence for the purpose of entitling the owner

to practise in Nova Scotia; and to oblige the owner to attest on oath,

or by affidavit, that he is the person whose name is mentioned therein,

and that he became possessed thereof honestly; to cause every member

of the profession practising in Nova Scotia to enregister his name,

age, place of residence, place of nativity, date of license or diploma,

and the place where he obtained it, in the register of the board; to

appoint medical examiners to hold final examinations, such examiners

to be regular qualified practitioners of not less than five years’

professional standing, and three years’ residence in the province

(_ib._, s. 12).

to erase the names of all registered persons who shall have died, left

the province without any intention of returning, or ceased to practise

for five years, and to make from time to time the necessary alterations

in the addresses or qualifications of persons registered. A name erased

is required to be restored by the order of the board upon sufficient

cause duly shown (_ib._, s. 15).

NEGLECT TO REGISTER.—Persons entitled to register and neglecting

or omitting to register are not entitled to any of the rights or

privileges conferred so long as the neglect or omission shall continue

(_ib._, s. 16).

THEORIES OF MEDICINE OR SURGERY.—No person shall be refused

registration or a license on account of the adoption or the refusal to

adopt the practice of any particular theory of medicine or surgery. In

case of such refusal the party aggrieved has the right to appeal to the

governor in council, who, on due cause shown, is required to issue an

order to the board to register the name of such person and to grant him

a license (_ib._, s. 17).

POWERS OF REGISTRAR.—No qualification is entered unless the registrar

is satisfied by proper evidence that the person claiming is entitled to

it, and any appeal from the decision of the registrar may be decided

by the board, and any entry proving to the satisfaction of the board

to have been fraudulently or incorrectly made may be erased from the

FORFEITURE OF RIGHTS.—A medical practitioner convicted of felony or,

after due inquiry, judged by the board to have been guilty of infamous

conduct in any professional respect, thereby forfeits his right to

registration, and if registered his name shall, by the direction of the

board, be erased from the register (_ib._, s. 19).

ADDITIONAL QUALIFICATIONS.—A registered person may have a higher

degree or an additional qualification obtained by him, inserted in

the register in substitution for or in addition to a qualification

previously registered, on the payment of such fee as the board may

appoint (_ib._, s. 20).

RIGHTS OF REGISTERED PERSONS.—Every registered person is entitled

according to his qualifications to practise medicine, surgery, or

midwifery, or either or any of them as the case may be, and to demand

and receive reasonable charges for professional aid, advice, and visits

and the cost of any medicine or any medical or surgical appliances

rendered or supplied by him to his patients (_ib._, s. 21).

No person is entitled to recover such charge unless he shall prove

on the trial that he is registered under this chapter. This does not

interfere with the sale by qualified druggists or chemists of articles

properly belonging to their business (_ib._, s. 22).

DEFINITION.—The words “legally qualified medical practitioner” or

“duly qualified medical practitioner,” or any other words importing a

person recognized by law as a medical practitioner or a member of the

medical profession, when used in any act of the legislature or legal or

public document mean a person registered under this chapter (_ib._, s.

23).

UNREGISTERED PERSONS.—No person shall be appointed as a medical

officer, physician, or surgeon, in any branch of the public service,

or in any hospital or other charitable institution, unless he be

registered under the provisions of this chapter (_ib._, s. 24).

No certificate required from any physician or surgeon or medical

practitioner is valid unless the signer be registered (_ib._, s. 25).

OFFENCES AND PENALTIES.—For a person without registration or license

to practise physic, surgery, or midwifery for hire, gain, or hope of

reward, or wilfully or falsely pretend to be a physician, doctor of

medicine, surgeon, or general practitioner, or to take or use any name

or description implying or calculated to lead people to infer that he

is registered, or to profess by public advertisement, card, circular,

sign, or otherwise to practise physic, surgery, or midwifery, or to

give advice therein or in anywise to lead people to infer that he is

qualified to practise physic, surgery, or midwifery, is punishable with

a forfeiture of $20 for each day that he so practises or leads people

to infer that he is practising (_ib._, s. 26).

On trial of such cause the burden of proof as to the license or right

of the defendant to practise physic, surgery, or midwifery is on the

defendant (_ib._, s. 28).

If a person wilfully procures or attempts to procure registration by

making or producing, or causing to be made or produced, a false or

fraudulent representation or declaration, he, and all persons knowingly

aiding or assisting therein, are each punishable with a forfeiture of

not less than $100 (_ib._, s. 30).

To wilfully and falsely pretend to be or take or use any name or

description implying registration, is punishable with a forfeiture not

exceeding $100 (_ib._, s. 31).

Suits under this chapter are not to be begun after one year from the

date of the offence or cause of action (_ib._, s. 32).

EXCEPTIONS.—This chapter does not prevent a competent female from

practising midwifery in Nova Scotia, except that she must satisfy the

board of her competency, and obtain a certificate from the registrar

before she can lawfully practise in the city of Halifax (_ib._, s. 33).

Nothing in the chapter prevents any person from giving necessary

medical or surgical aid or attendance to any one in urgent need of it,

provided such aid or attendance is not given for hire or gain, nor the

giving of it made a business or way of gaining a livelihood (_ib._, s.

34).

Every person residing in the province and who shall have practised

therein prior to January 1st, 1850, is entitled on proof thereof to

have his name registered and receive a license to practise under this

chapter (_ib._, s. 36).

A person while employed in active service in Her Majesty’s naval

or military service as a physician or surgeon may practise physic,

surgery, or midwifery with (_sic_) registration or license (_ib._, s.

37).

Schedule B of the chapter prescribes the subjects for a matriculation

or preliminary examination of those commencing the study of medicine.

FEES.—To the registrar, for registration under secs. 9 and 10, $20.

To the registrar, for a preliminary examination under sec. 7, $10.

For registering additional qualifications, such fee as the board may

appoint (_ib._, s. 20).

ONTARIO.

COLLEGE OF PHYSICIANS, ETC.—There is a corporation styled “The College

of Physicians and Surgeons of Ontario” (Rev, St., 1887, c. 148, s. 2).

All persons registered according to the provincial acts 29 Victoria, c.

34, and 37 Victoria, c. 45, and amendatory acts, are members of said

corporation (_ib._, s. 3); as well as all persons registered under this

act (_ib._, s. 4).

COUNCIL.—There is a council of said college composed of

representatives chosen from every university, college, or body in the

province authorized to grant degrees in medicine and surgery, and which

establish and maintain to the satisfaction of the College of Physicians

and Surgeons of Ontario a medical faculty in connection therewith,

with five members elected by the registered licensed practitioners in

homœopathy, and twelve members elected from among and by the other

registered members of the profession (_ib._, s. 6).

No teacher, professor, or lecturer of any such college or body shall

hold a seat in said council except as a representative of the college

or body to which he belongs (_ib._, s. 6, subd. 2, as amended Act 1893,

c. 27, s. 2).

All members of the council representing the colleges of bodies

aforesaid must be practitioners duly registered (_ib._, s. 6, subd. 3,

as amended Act 1893, c. 27, s. 2).

All duly registered practitioners are entitled to vote at any election

for members of the council (_ib._, s. 8).

Any member of the college may have his name transferred from one class

of voters to any other on presenting to the registrar a certificate

duly signed by the member or members of the board of examiners to

examine candidates on subjects specified as peculiar to each school of

medicine, testifying that the member so applying has shown a sufficient

knowledge of the system of medicine he desires to connect himself with,

to entitle him to be admitted to the class he desires, and being so

admitted he is entitled to vote in that class only (_ib._, s. 9 [1]).

No member is entitled to return to the class from which he has been

transferred without the sanction of the council (_ib._, s. 9 [2]).

The council appoints officers including a registrar (_ib._, s. 13).

The council must appoint an executive committee to take cognizance of

and action upon all matters delegated to it by the council or which may

require immediate attention or interference between the adjournment of

the council and its next meeting, and all such acts shall be valid only

till the next ensuing meeting of the council (_ib._, s. 4).

DIVISION ASSOCIATION.—In each territorial division established by

the act there may be established a Division Association, of which

every member of the said college residing within the said territorial

division shall be a member (_ib._, s. 15).

PROFESSIONAL FEES.—The division association may submit to the council

a tariff of professional fees suitable to their division, and on the

said tariff receiving the approval of the council, signed by the seal

of the college and the signature of the president, such tariff shall be

held to be a scale of reasonable charges for the division or section

of a division where the members of the association making it reside

(_ib._, s. 16).

REGISTRATION.—In a register kept by the registrar the council

is required to cause to be entered the name of every person duly

registered and all persons who have complied with the act and the rules

and regulations made by the council respecting the qualifications of

practitioners of medicine, surgery, and midwifery; and those persons

only whose names are inscribed in the register shall be deemed to be

qualified and licensed to practise medicine, surgery, or midwifery,

except as hereinafter provided (_ib._, s. 21).

The registrar is required to keep his register correct and to make the

necessary alterations in the addresses or qualifications of persons

registered. And he may write to any registered person at his address

on the register, to inquire whether he has ceased to practise or

has changed his residence, and if no answer be returned within six

months, may erase the name of such person; the name shall be restored

on compliance with the other provisions of the act (_ib._, s. 22, as

amended Act 1891, c. 26, s. 9).

It is optional for the council to admit to registration all such

persons as are duly registered in the medical register of Great

Britain, or otherwise authorized to practise medicine, surgery, and

midwifery in the United Kingdom of Great Britain and Ireland, upon such

terms as the council may deem expedient (_ib._, s. 23 [1]).

Any person actually practising medicine, surgery, or midwifery, or any

of them, in Ontario prior to January 1st, 1850, and who has attended

one course of lectures at any recognized medical school, on such proof

as the council may require, is entitled to register (_ib._, s. 23 [2]).

Any person actually practising medicine, surgery, or midwifery

according to the principles of homœopathy before January 1st, 1850, and

for the six years preceding March 24th, 1874, in Ontario, may in the

discretion of the representatives of the homœopathic system of medicine

be registered (_ib._, s. 23 [3]).

Any person who possesses any of the qualifications described in

Schedule B, dated prior to July 23d, 1870, on the payment of the fee,

is entitled to register on producing to the registrar the document

conferring or evidencing his qualification or qualifications, or on

transmitting by post to the registrar information of his name and

address and evidence of the qualification or qualifications in respect

whereof he wishes to be registered and of the time or times at which

the same was or were attained. No one registered under the acts

mentioned in sec. 3 is liable to pay for registration (_ib._, s. 24).

Every person wishing to be registered, and not possessed before July

23d, 1870, of one of the qualifications in Schedule B, must present

himself for examination as to his knowledge and skill for the efficient

practice of his profession before the board of examiners mentioned in

sec. 28, and upon passing the examination required and proving to the

satisfaction of the board of examiners that he has complied with the

rules and regulations of the council, and on payment of such fees as

the council may establish, he shall be entitled to register and in

virtue of his registration to practise medicine, surgery, and midwifery

(_ib._, s. 25).

When it appears that there has been established a central examining

board similar to that constituted by this act, or an institution duly

recognized by the legislature of any of the provinces of the Dominion

of Canada as the sole examining body for the purpose of granting

certificates of qualification, and wherein the curriculum is equal to

that established in Ontario, the holder of such certificate shall, upon

due proof, be entitled to registration by the council of Ontario if the

same privilege is accorded by such examining board or institution to

those holding certificates of Ontario (_ib._, s. 26).

BOARD OF EXAMINERS.—The council is required at its annual meeting to

elect a board of examiners whose duty it is to examine at least once

in each year all candidates for registration in accordance with the

by-laws, rules, and regulations of the council; such examinations are

to be held at Toronto or Kingston at such times and in such manner as

the council may by by-laws direct (_ib._, s. 28).

The board of examiners is composed of one member from each existing

teaching body enumerated in sec. 6 and one from every other school

of medicine organized in connection with any university or college

empowered by law to grant medical or surgical diplomas and not less

than six members chosen from the members of the College of Physicians

and Surgeons of Ontario unconnected with any such teaching body (_ib._,

s. 29, as amended Act 1893, c. 27, s. 5).

HOMŒPATHISTS.—Every candidate who, at the time of the examination,

signifies his wish to be registered as a homœopathic practitioner

shall not be required to pass an examination in materia medica or

therapeutics, or the theory or practice of physic or surgery or

midwifery except the operative parts thereof, before any examiners

other than those approved of by the representatives in the council of

the homœopathic system (_ib._, s. 30).

DUTIES OF COUNCIL.—The council is required to make orders,

regulations, or by-laws for regulating the register and fees for

registration and for the guidance of the board of examiners, and may

prescribe the subjects and modes of examination and the time and place

of holding the same, and may make all such rules and regulations

for examination not contrary to the act as they deem expedient and

necessary (_ib._, s. 31).

ADDITIONAL QUALIFICATION.—Every person registered who obtains a higher

degree or other qualification is, on the payment of the fee, entitled

to have it inscribed in the register in substitution for or in addition

to the qualifications previously registered (_ib._, s. 32).

POWERS OF REGISTRAR.—No qualification is to be entered on the

the person claiming it is entitled to it. Appeal from the decision of

the registrar may be decided by the council; any entry proved to the

satisfaction of the council to have been fraudulently or incorrectly

made may be erased from the register by order of the council in writing

(_ib._, s. 33 [1]).

If the registrar be dissatisfied with the evidence adduced by a person

claiming to be registered, he has power, subject to appeal to the

council, to refuse registration until such evidence is furnished, duly

attested by oath or affidavit before a judge of the county court of any

county (_ib._, s. 33 [2]).

ERASURE AND RESTORATION OF NAME.—A practitioner is liable to have his

name erased from the register where he has been convicted before or

after registration of an offence which, if committed in Canada, would

be a felony or misdemeanor, or where he has been guilty of any infamous

or disgraceful conduct in a professional respect (_ib._, s. 34 [1]).

The council may, and on the application of any four registered medical

practitioners must, cause inquiry to be made into the case of a person

alleged to be liable to have his name erased under this section, and on

proof of such conviction or conduct shall cause his name to be erased

from the register. The name of a person shall not be erased on account

of his adopting or refraining from the practice of any particular

theory of medicine or surgery; nor on account of a conviction for a

political offence out of Her Majesty’s dominions, nor of conviction

for an offence which ought not either from its trivial nature or its

circumstances to disqualify a person from practising medicine or

surgery (_ib._, s. 34 [2]).

The council may order to be paid out of any funds at their disposal

such costs as they may deem just to any person against whom any

complaint has been made, which, when finally determined, is found to

have been frivolous and vexatious (_ib._, s. 34 [3]).

When the council direct the erasure of any name or entry, it shall

not be again entered except by direction of the council or any of the

divisions of the high court of justice (_ib._, s. 35 [1], as amended

Medical Jurisprudence, Forensic medicine and Toxicology. Vol. 1 · 第 10 / 21 章

Nothing in the above act shall prevent any person, not a British