SYNOPSIS OF THE EXISTING STATUTES (continued 4)

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 register unless the registrar be satisfied by proper evidence that 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 Act 1891, c. 26, s. 3).

If the council think fit, they may direct the registrar to restore any name or entry erased, without fee, or on payment of such fee not exceeding the regular fee as the council may fix (ib., s. 35 [2]).

The council is required to ascertain facts, in the exercise of its powers of erasing and restoring, by a committee of their own body of not more than five, and a written report of the committee may be acted on by the council (ib., s. 36 [1], as amended Act 1891, c. 26, s. 4).

At least two weeks’ notice of the first meeting of the committee for ascertaining the facts of any case must be served on a person whose conduct is subject to inquiry, and such notice must embody a copy of the charges or a statement of the subject-matter of the inquiry, and specify the time and place of meeting. The testimony is under oath, and subject to cross-examination and the full right to call evidence in defence and reply. In the event of the non-attendance of such person the committee, on the proof of personal service of the notice, may proceed with the inquiry in his absence and without further notice (ib., s. 36 [5]).

No action can be brought against the council or committee for anything done bona fide under this act notwithstanding want of form in the proceedings. Any person whose name has been ordered erased may appeal from the decision of the council to any division of the high court at any time within six months from the date of the order of erasure, and the judge may make such order as to restoration, confirmation, or further inquiries by the committee or council and as to costs, as to him shall seem right (ib., s. 37, as amended Act 1891, c. 26, s. 5).

The appeal may be by a summons served on the registrar to show cause, and is founded upon a copy of the proceedings before the committee, the evidence taken, the committee’s report, and the order of the council certified by the registrar. The registrar is required to furnish to any person desiring to appeal a certified copy of all proceedings, reports, orders, and papers on which the committee acted, on payment of five cents a folio (ib., s. 38, as amended Act 1891, c. 26, s. 6).

The Act of 1891, c. 26, s. 7, provides for procuring the attendance of witnesses before the committee, and for payment of costs by the person whose name has been directed to be erased.

Rights of Registered Persons.—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 with full costs reasonable 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 patient (ib., s. 39).

Limitations.—One year after the termination of professional services is established as a period of limitations to an action for negligence or malpractice by reason thereof against duly registered members of said college (ib., s. 40).

Evidence.—The register is required to be printed and published, and a copy thereof purporting to be so printed and published is prima facie evidence that the persons specified are registered; and, subject to the provisions of subsection 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 (ib., s. 41 [1]).

In case of the name of a person not appearing in such copy, a certified copy, under the hand of the registrar, of the entry of the name on the register is evidence that such person is registered (ib., s. 41 [2]).

Annual Certificate of Registration.—Every registered medical practitioner is required to obtain from the registrar annually, before December 31st, a certificate under seal of the college that he is a duly registered medical practitioner (Act 1891, c. 26, s. 8).

On payment of all fees and dues payable by such practitioner to the college, the registrar is required to write his name and the date on the margin of the certificate, and the certificate is deemed to be issued only from such date; any fees properly charged during the time in which a name was erased from the register are legally recoverable on production of the certificate of registration at time of suit (ib.).

No certificate is issued to any practitioner indebted to the college, nor until the annual fee for the certificate prescribed by the statute and the by-laws of the college is paid (ib.).

If a practitioner omits to take out such certificate, he shall not be entitled thereto until he pays the certificate fee, and any other fees or dues which he owes the college (ib.).

After twelve months’ default in taking out such certificate, and two months’ notice of default by registered letter to the registered address of the defaulter, if payment is not made, the registrar is required to erase his name and the provisions as to unregistered practitioners forthwith apply (ib.).

Such practitioner may, unless otherwise disqualified, obtain re-registration and re-instatement to full privileges by applying to the registrar and paying up the fees and dues and taking out his certificate (ib.).

Neglect to Register.—Those entitled to register and neglecting so to do are not entitled to any rights or privileges conferred by registration, and are liable to all the penalties against unqualified or unregistered practitioners (Rev. St., 1887, c. 148, s. 42).

Fraudulent Registration.—If a person procures registration by means of false or fraudulent representations it is lawful for the registrar, on a receipt of sufficient evidence of such falsity or fraud, to represent the matter to the council, and on the written order of the president, attested by the seal of the college, to erase his name from the register and publish the fact and cause of erasure in the Ontario Gazette; and after such notice such person ceases to be a member of said college and to enjoy the privileges conferred by registration without the express sanction of the council (ib., s. 44 [1]).

Offences and Penalties.—Wilfully procuring or attempting to procure registration by false or fraudulent representations is punishable with a penalty not exceeding $100. Knowingly aiding and assisting therein is punishable with a penalty of from $20 to $50 for each offence (ib., s. 44 [2]).

Practising without registration for hire, gain, or hope of reward is punishable with a penalty of from $25 to $100 (ib., s. 45).

A person wilfully or falsely pretending to be a physician, doctor of medicine, surgeon or general practitioner, or assuming any title, addition, or description other than that he actually possesses and is legally entitled to, is punishable with a penalty of from $10 to $50 (ib., s. 46).

A person taking or using a name, title, addition, or description implying or calculated to lead people to infer that he is recognized by law as a physician, surgeon, accoucheur, or licentiate in medicine, surgery, or midwifery is punishable by a penalty of from $25 to $100 (ib., s. 47).

Unregistered Persons.—No person is entitled to recover a charge for medical or surgical advice or attendance or the performance of any operation or any medicine prescribed or supplied unless he produces to the court a certificate that he is registered; but this section does not extend to the sale of drugs or medicines by a licensed chemist or druggist (ib., s. 48, as amended Act 1891, c. 26, s. 2).

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 not supported wholly by voluntary contribution, unless he be registered (ib., s. 49).

No certificate required from any physician, surgeon, or medical practitioner is valid unless the signer be registered (ib., s. 50).

Costs.—The justice of the peace having jurisdiction of a prosecution may award payment of costs in addition to the penalty, and in default of payment may commit to the common jail for a period not exceeding one month unless the penalty and costs are sooner paid (ib., s. 51).

Appeal.—Any person convicted who gives notice of appeal must give satisfactory security for the amount of the penalty and the costs of conviction and appeal (ib., s. 52).

Proof.—In any trial under the act, the burden of proof as to registration is on the person charged (ib., s. 53).

Where proof of registration is required, 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 who are registered practitioners, and any certificate upon such copy purporting to be signed by any person in his capacity of registrar is prima facie evidence that such person is registrar without proof of his signature or of his being registrar (ib., s. 54).

Limitations of Prosecutions.—Prosecutions are limited to commence within one year from the date of the offence (ib., s. 55)

Stay.—The council may, by order signed by its president having the seal of the college appended, stay proceedings in any prosecution when deemed expedient (ib., s. 56).

Prosecutor.—Any person may be prosecutor or complainant (ib., s. 57 [2]).

Qualification.—Schedule B referred to in the act is as follows:

1. A license to practise physic, surgery, and midwifery, or either, within Upper Canada under the acts of Upper Canada, 59 G., III., c. 13, and 8 G., IV., c. 3, respectively.

2. A license or diploma granted under 2 Vict., c. 38, or under the Consolidated Statutes for Upper Canada, c. 40, or any act amending the same.

3. A license or authorization to practise physic, surgery, and midwifery, or either, within Lower Canada, whether granted under ordinance 28 G., III., c. 8, or act 10 and 11 Vict., c. 26, and acts amending the same, or under c. 71 of the Consolidated Statutes for Upper Canada, or any act amending the same.

4. A certificate of qualification to practise medicine, surgery, and midwifery, or either, hereafter granted by any colleges or bodies named or referred to in sec. 6.

5. A medical or surgical degree or diploma of any university or college in Her Majesty’s dominions or of such other universities or colleges as the council may determine.

6. A certificate of registration under the Imperial Act 21 and 22 Vict., c. 90, known as “The Medical Act,” or any act amending the same.

7. A commission or warrant as physician or surgeon in Her Majesty’s military service.

8. Certificates of qualification to practise medicine under any of the acts relating to homœopathy or the eclectic system of medicine.

Fees.—To registrar, for transfer under sec. 9 (2), $2.

To registrar, for registration under sec. 24, not more than $10, to be fixed by the by-laws of council.

To registrar, for registration under sec. 25, such fees as the council may by general by-law establish.

To registrar, for copies under sec. 38, 5 cents a folio.

Members are required to pay an annual fee to the college; the amount and means of enforcing which are in the discretion of the elected members of the council (Act 1893, c. 27, s. 6).

Prince Edward Island.

Medical Society.—The members of the medical profession constitute a body corporate under the name of the “Medical Society of Prince Edward Island” (Act 1892, c. 42, s. 1).

Persons registered under the act 34 Vict., c. 25, or 37 Vict., or the Prince Edward Island Medical Act of 1890, are members of the society and entitled to register under this act without a fee (ib., s. 2).

All persons registered under this act are members of the said society (ib., s. 3).

Registration.—There is a council of said society, composed of seven members of the society elected by the society (ib., s. 4), which is required to appoint a registrar among other officers (ib., s. 6); and to cause him to keep a register of the name of every person registered under this act, or the acts mentioned in sec. 2, and from time to time of the names of all persons who have complied with this act and the rules and regulations made by the council respecting the qualifications of practitioners of medicine, surgery, or midwifery, which is called the Prince Edward Island Medical Register; and only those persons whose names are inscribed therein are qualified and licensed to practise medicine, surgery, or midwifery, except as hereinafter provided (ib., s. 8).

The registrar is required to keep his register correct, and to make the necessary alterations in the addresses and qualifications of persons registered (ib., s. 9).

The council is required to admit to registration, on the payment of the registration fee, all persons duly registered by the medical council of Great Britain or otherwise authorized to practise medicine, surgery, or midwifery in the United Kingdom of Great Britain and Ireland (ib., s. 10).

Every person who holds a medical or surgical degree or diploma dated prior to January 1st, 1880, from any university, college, or school of medicine in Great Britain, Ireland, or Canada, or any of the universities or colleges in the United States mentioned in Schedule A, is entitled to register on producing to the registrar such diploma or satisfactory evidence of the qualification in respect whereof he seeks to be registered (ib., s. 11).

Every person desirous of being registered, not registered under the acts mentioned in sec. 2, and who had not become possessed of a diploma as provided in sec. 11, must, before being entitled to register, be examined as to his knowledge and skill for the efficient practice of his profession before the medical council, and on passing the examination required and producing proof of study in medicine, surgery, and midwifery four years, one of which may be with a registered medical practitioner, shall, subject to the next section, be entitled to register and by virtue of such registration to practise medicine, surgery, and midwifery; provided, the council may, if it see fit, dispense with the examination in any case (ib., s. 12).

No person commencing the study of medicine on or after September 1st, 1892, shall be entitled to register unless he has passed a matriculation examination equivalent to that of the College of Surgeons of London, or shall hold a license as a first-class teacher in this province, or shall have obtained from the council a certificate that he has satisfactorily passed a matriculation examination in the subjects specified in Schedule B.

Any graduate or student matriculated in the arts in any university in Her Majesty’s dominions shall not be required to pass the matriculation examination (ib., s. 13).

The council may grant a license to practise medicine, surgery, or midwifery to an applicant at the time of the passage of this act practising medicine, surgery, or midwifery, or any of them, in Prince Edward Island, on a preliminary examination as the council may think necessary for the public safety, provided such person shall have practised five years in the province, but such person is not thereby entitled to registration (ib., s. 15).

When there has been established an authorized examining body or an institution recognized by the legislature of any other province of the Dominion of Canada as the sole examining body for granting certificates of qualification, and where the curriculum is equal to that appointed by the medical council of Prince Edward Island, the holder of such certificate shall, upon due proof, be entitled to registration by the council of Prince Edward Island, if the same privilege is accorded in such other province to those registered in Prince Edward Island (ib., s. 16).

The council is required to hold examinations at least every three months, if required, for candidates for registration, at such places and times and in the same manner as the council may direct (ib., s. 18).

Every person registered who obtains a higher degree or other qualification shall, on the payment of such fees as the council shall appoint, be entitled to have it registered in substitution for or in addition to the qualification previously registered (ib., s. 19).

No qualification is entered unless the registrar be satisfied, by proper evidence, that the person claiming is entitled to register it. There is an appeal to the council; any name proved to the council to have been fraudulently or incorrectly entered may be erased by an order in writing of the council (ib., s. 20).

If the registrar is dissatisfied with the evidence he may, subject to appeal to the council, refuse registration until the person claiming it has furnished evidence to the satisfaction of the registrar, duly attested by oath or affidavit before a notary public or justice of the peace (ib., s. 21).

A medical practitioner guilty of infamous or disgraceful conduct in a professional respect is liable to have his name erased, and if he apply for registration the council may refuse it (ib., s. 22).

The registrar may publish in a newspaper or newspapers of Prince Edward Island the fact that the name of such person has been erased, and the cause of the erasure, but not until the appeal, if any has been taken within the time allowed, has been disposed of (ib., s. 23).

Where the council refuse to register, or direct an erasure, the entry shall not be again made except by direction of the council or the order of the supreme court or a judge thereof (ib., s. 24).

Five days’ notice of the meeting of the council for the hearing of an appeal under sec. 2 must be served on the person charged, embodying a copy of the charges or a statement of the inquiry and the time and place of meeting (ib., s. 25).

Rights of Registered Persons.—Every person licensed or registered under the act is entitled according to his qualifications to practise medicine, surgery, and midwifery, or any of them, as the case may be, and recover with costs his reasonable charges for professional aid, advice, and visits, and the cost of medicines or medical and surgical appliances rendered or supplied by him to his patient (ib., s. 26).

Limitations.—Twelve months is established as the period of limitations for an action from negligence or malpractice against a person registered (ib., s. 27).

Evidence.—The registrar is required, under the direction of the council, to print and publish once in two years a register of the names of all persons registered, with the residence and medical title, diploma, and qualification conferred by any college or body, with the dates thereof, as existing on the day of the publication. A copy of such register, for the time being, purporting to be so printed and published, is prima facie evidence that the persons specified are registered. The absence of a name from such copy is prima facie evidence that such person is not registered.

In case a name does not appear in the copy, a certified copy, under the hand of the registrar of the council, of the entry of a name is evidence that such person is registered (ib., s. 28).

Fraudulent Registration.—If a person be registered by false or fraudulent representations the registrar may, on the receipt of sufficient evidence thereof, report the matter to the council, and on the order of the council erase his name from the register and make known the fact and cause by a notice in the newspaper or newspapers on Prince Edward Island (ib., s. 29 [1]).

Offences and Penalties.—Wilfully procuring or attempting to procure registration by false or fraudulent representation is punishable with a penalty not exceeding $50. Knowingly aiding and assisting therein is punishable with a penalty of from $10 to $25 for each offence (ib., s. 29 [2]).

Without registration or license, practising for hire or hope of reward or advertising to give advice in medicine, surgery, or midwifery is punishable with a penalty not exceeding $25 (ib., s. 30).

Wilfully or falsely pretending to be a physician, doctor of medicine, surgeon, or general practitioner, or assuming a title, addition, or description not actually possessed, or pretending to be recognized by law as a physician, accoucheur, or a licentiate in medicine, surgery, or midwifery, is punishable with a penalty not exceeding $25 (ib., s. 31).

Unregistered Persons.—No person is entitled to recover a charge for medical or surgical advice or attendance or for the performance of a surgical operation unless registered, licensed, or otherwise authorized under this act (ib., s. 32).

No person is to be appointed as a medical officer, physician, or surgeon in any branch of the public service, or any hospital or other charitable institution unless registered (ib., s. 33).

Costs.—On prosecution, costs may be awarded and the offender may be committed to a common jail in default of paying the penalty and costs, for not exceeding one month (ib., s. 34).

Appeal from Conviction.—A person appealing from conviction is required to give satisfactory security for the penalty, costs of conviction, and appeal before released from custody (ib., s. 35).

Limitation of Prosecutions.—Prosecutions are required to be commenced within six months from the date of the offence (ib., s. 36).

Prosecutor.—Any person may be prosecutor or complainant (ib., s. 37).

Appeal from Registrar’s Decision.—A person aggrieved by the decision of the registrar may appeal to the council, and persons aggrieved by the decision of the council may appeal to the supreme court of the province, which decision shall be final. The act prescribes the procedure on appeal (ib., s. 38, 39).

Powers of Council.—The council may make by-laws for carrying out the act, to be approved by the lieutenant-governor in council, but nothing shall prevent any registered medical practitioner from giving medical treatment or advice to any person by reason of such person having previously engaged the services of any other physician (ib., s. 40).

The council is authorized to make regulations regarding the holding of examinations and the subjects of examinations (ib., s. 41)

Exceptions.—The act does not prevent any person from giving necessary medical or surgical aid or attendance to any one in urgent need of it provided it be not for hire or gain, nor the giving of it be made a business or means of livelihood; nor does it prevent women from practising midwifery, or any person from practising dentistry or treating cases of cancer by external application, and charging for such service and suing for and recovering reasonable charges; nor does it prevent a druggist, apothecary, or storekeeper from suing for and recovering the price of drugs or chemicals supplied or sold by him (ib., s. 42).

The act does not prevent a person not holding a medical degree, license, or diploma from a university or college from practising medicine, surgery, or midwifery provided he was engaged in such practice in the province for five years immediately before the passage of the act, nor from recovering with costs his reasonable charges for professional aid, advice, and visits and the cost of medicine or other medical or surgical appliances rendered or supplied by him to his patients (ib., s. 43).

Appeal on Prosecution.—Appeal from the decision on prosecution may be taken to the supreme court (ib., s. 44).

Schedule A:

University of Pennsylvania, Philadelphia, Pa.

Jefferson Medical College, Philadelphia, Pa.

Bellevue Medical College, New York, N. Y.

University of New York, New York, N. Y.

College of Physicians and Surgeons, New York, N. Y.

Harvard University.

University of Michigan.

Schedule B specifies at length the requirements for the examination mentioned in sec. 13.

Fees.—Persons registered under sec. 2 are not required to pay a fee.

For registration under secs. 11 and 12, not exceeding $20, to be fixed by the society.

To the council, for a license under sec. 15, $5.

An annual fee is required to be paid by members of the society, not more than $5 annually, as levied by the council (ib., s. 17).

For registration under sec. 19, such fees as the council may appoint.

Quebec.

College of Physicians, etc.—All persons residing in the province authorized to practise medicine, surgery, or midwifery therein, and registered under this law, are constituted a corporation by the name of “The College of Physicians and Surgeons of the Province of Quebec” (R. S., 1888, art. 3,969).

The affairs of the college are conducted by a board of governors, forty in number, chosen as provided in the act and known as the “Provincial Medical Board” (ib., art. 3,972 to 3,975).

Qualification.—No person can lawfully practise medicine, surgery, or midwifery unless he has obtained a license from the said board and unless he be registered (ib., art. 3,976).

Every person who obtains a medical degree or diploma in any university or college mentioned in art. 3,972 is entitled to such license without examination as to his medical knowledge or skill, provided such diploma has only been given after four years of medical study from the date of admission to study and according to the requirements of the act; provided, the said board has power to grant the same privileges to holders of degrees or diplomas of medicine and surgery from other British colonial or French universities or colleges (ib., art. 3,977).

The colleges referred to in art. 3,792 are: Laval University at Quebec, Laval University at Montreal, University of McGill College, University of Bishops College, The Incorporated School of Medicine and Surgery of Montreal affiliated with the University of Victoria College or with any other British university. The privilege above conferred on holders of degrees or diplomas from British colleges and universities is extended to every person whose name is entered upon the medical register under the Imperial Medical Act of 1886 (49-50 Vict., c. 48) or of any act amending the same (ib., art. 3,977 a, as added by Act 1889, c. 39).

The law prescribes the preliminary qualifications for admission to study medicine, surgery, or midwifery to be ascertained by examination. No one is entitled to the license of the college on presentation of a diploma unless previously admitted to study in accordance with these conditions, or unless he has passed an equivalent preliminary examination before a college, school or board authorized by law to require and cause such preliminary examinations to be passed in Her British Majesty’s other possessions (ib., arts. 3,978, 3,979).

A candidate for a license to practise desiring to be registered, and who has not obtained a degree or diploma in medicine from any institution mentioned in art. 3,972 (supra) must, before being entitled to such license and to register, pass an examination before the board as to his knowledge and skill for the efficient practice of medicine, surgery, and midwifery. Upon passing the examination and proving to the satisfaction of the examiners that he has, in an institution for the teaching of medicine in Her Majesty’s possessions, complied with the rules and regulations made by the provincial board, and on payment of such fees as the board may by general by-law establish, such person shall be entitled to a license (ib., art. 3,980).

All persons coming from any recognized college outside of Her Majesty’s possessions desirous of obtaining a license from the College of Physicians and Surgeons of the province must previously pass a preliminary examination before the examiners appointed by the board or establish to the satisfaction of the board that they have already passed equivalent examinations, and they must moreover follow in one of the schools of medicine in the province a complete course (for six months) of lectures, and such other course or courses as shall be necessary to complete the curriculum required by the board. They may pass their professional examination immediately after their preliminary examination (ib., art. 3,981).

Powers of Medical Board.—The board of governors of the College of Physicians and Surgeons has among other powers the power to examine all credentials and documents purporting to entitle the bearer to a license to practise and all diplomas, degrees, or other qualifications sought to be registered, and to require the bearer to attest on oath, to be administered by the chairman, that he is the person whose name is mentioned therein, and that he became legally possessed thereof; and to register in the books of the college the name, age, place of residence and birth of every member of the profession practising in the province, the date of his license and the place where he obtained it (ib., art. 3,982).

The provincial medical board, among other powers, has the power to make regulations respecting the tariffs or rates to be charged in towns and counties for medical, obstetrical, or surgical advice, or for attendance or for the performance of any operation or for any medicines prescribed or supplied. The tariff must be approved by the lieutenant-governor in council, and can only come into force six months after its publication once in the Quebec Official Gazette, and that of the order in council approving the same. The tariff does not, in case of suit, obviate the necessity of proof of giving the advice, care, prescriptions, medicines, and other things therein mentioned (ib., art. 3,983).

The said board has power to fix the fees for license and registration (ib., art. 3,984).

Qualifications of Candidate.—The qualifications of a candidate for a license are:

1. That he holds a certificate of study from a licensed physician for the period intervening between the courses of lectures which he has followed.

2. That he has reached the age of twenty-one years.

3. That he has followed his studies during a period of not less than four years, commencing from the date of his admission by the board to study medicine.

4. That during said four years he attended at some university, college, or incorporated school of medicine within Her Majesty’s possessions not less than two six-months’ courses of general or descriptive anatomy, of practical anatomy, of surgery, of the practice of medicine, of midwifery, of chemistry, of materia medica and general therapeutics, of the institutions of medicine or physiology and general pathology, of clinical medicine, and of clinical surgery; one six-months’ course or two three-months’ courses of medical jurisprudence, one three-months’ course of botany, one three-months’ course of hygiene, and a course of not less than twenty-five demonstrations upon microscopic anatomy, physiology, and pathology.

5. That he attended the general practice of a hospital in which are contained not less than fifty beds under the charge of not less than two physicians or surgeons, for not less than one and one-half years or three periods of not less than six months each.

6. That he has attended six cases of labor and compounded medicines for six months.

Each six-months’ course shall have consisted of one hundred and twenty lectures except in the case of clinical medicine, clinical surgery, and medical jurisprudence.

Of four years’ study required by this section, three six-months’ sessions, at least, must be passed in attending upon lectures at a university, college, or incorporated school of medicine recognized by the board.

The first of such courses must have been attended during the session immediately succeeding the preliminary examination, and the last during the fourth year of study, and the candidates must undergo an examination on the final subjects of the curriculum at the end of the session in the fourth year of study (ib., art. 3,985).

Members of College.—All persons obtaining a license to practise from the College of Physicians and Surgeons of the province are members of the college, but are not eligible for governors within four years from the date of their admission as members (ib., art. 3,986).

Women.—The provincial medical board has power to make regulations respecting the admission of women to the study and practice of midwifery. Women who were legally qualified on the 31st of October, 1879, to practise as midwives in the province, while required to conform to the rules of said college, retain their right. Nothing in the act or the regulations shall prevent women in the country from practising midwifery or assisting at accouchements without being admitted to the study or practice of midwifery; but they must obtain a certificate from a duly licensed physician certifying that they have the necessary knowledge (ib., art. 3,987).

Register.—The medical board is required to cause to be kept by the registrar a register of persons duly licensed and registered, and who have complied with the law and the regulations of the board, and those persons only whose names are inscribed therein are deemed to be qualified and licensed (ib., art. 3,988).

The registrar is required from time to time to make the necessary alterations in the register (ib., art. 3,989).

Evidence.—The registrar, under the direction of the board of governors, causes to be printed, published, and distributed to the members, from time to time, a copy, called The Quebec Medical Register, of the register, containing names, surnames, residences, medical titles, diplomas, and qualifications conferred by a college or other medical body, with the dates of the same. A printed copy, certified under the hand of the registrar as such, is prima facie evidence that the persons named and entered have been registered in accordance with this law. The absence of the name of any person from such copy is prima facie proof that such person has not been lawfully registered; provided always in case a person’s name does not appear on such printed copy, a copy or extract from the register certified by the registrar of the college of the entry of such person’s name on the register is proof that such person is duly registered (ib., art. 3,990).

A certificate under the hand of the registrar of the payment of the annual contribution of members of the college is prima facie evidence that such payments have been made (ib., art. 3,991).

Neglect to Register.—A person entitled to register who neglects to register is not entitled to practise medicine, surgery, or midwifery, or to claim any of the rights and privileges conferred, and is liable for all penalties imposed for practising without registration, saving the right of certain members holding a license from the College of Physicians and Surgeons of Lower Canada (ib., art. 3,992).

Established Practitioner.—A person who has attended medical lectures during three sessions of a medical school in the British possessions, and who has actually been engaged in the practice of medicine for over thirty years in the province, may, on proof of these facts to the satisfaction of the provincial medical board, and producing a certificate signed by two resident medical practitioners in the neighborhood where he has practised that he has succeeded in his profession, and is entitled to the consideration of the board, be entitled to a license and to registration without an examination (ib., art. 3,993).

Unregistered Persons.—No person unless otherwise authorized is entitled to recover any charge for medical or surgical advice, or professional service, or for the performance of any operation, or for any medicines prescribed or supplied, nor is he entitled to any of the rights or privileges conferred, unless he has registered according to law and paid his annual contribution to the college (ib., art. 3,994).

No certificate required from any physician or surgeon or medical practitioner is valid unless the signer is registered (ib., art. 3,995).

Persons Guilty of Felony.—Any registered member of the medical profession convicted of felony forfeits his right to registration, and the medical board causes his name to be erased from the register (ib., art. 3,996).

If a person known to have been convicted of felony presents himself for registration, the registrar is required to refuse him registration (ib., art. 3,997).

Offences and Penalties.—A person not entitled to register convicted of having practised in contravention of this law, for reward or the hope of reward, is liable to a penalty of $50.

A like penalty is incurred by every person assuming the title of doctor, physician, or surgeon, or any other name implying that he is legally authorized to practise, if unable to establish the fact by legal proof, and by every person who in an advertisement in a newspaper or in a written or printed circular, or on business cards or on signs, assumes a designation so as to lead the public to believe that he is duly registered or qualified; and by every person who offers or gives his services as a physician, surgeon, or accoucheur for gain or hope of reward, if he be not duly authorized and registered.

Burden of Proof.—In every prosecution, proof of registration is incumbent on the party prosecuted.

Witnesses.—Members of the college are not incompetent witnesses by reason of their membership.

Costs.—The court imposing a penalty adds costs, and, in default of payment within a delay which it fixes, condemns the defendant to imprisonment in a common jail of the district for sixty days (ib., art. 3,998).

Evidence.—In cases where proof of registration is required, the production of a printed or other copy or extract from the register, certified under the hand of the registrar of the college, is sufficient evidence that all persons named therein are registered practitioners and any certificate upon such proof, or other copy of the register or extract from such register, purporting to be signed by any person in his capacity of registrar of the college, is prima facie evidence that such person is registrar without proof of the signature or of his being in fact such registrar (ib., art. 3,999).

Homœopathists.—The rights of homœopathists are not affected by the foregoing sections (ib., art. 4,002).

The homœopathic physicians and surgeons of the province form a corporation under the name of the Montreal Homœopathic Association (ib., art. 4,003).

The corporation has power to appoint three medical graduates of a British or provincial university or medical licentiates of a British or provincial college or board legally incorporated to be a board of examiners, to examine all persons who may desire to obtain a license to practise homœopathic medicine (ib., art. 4,008).

A person desiring to be examined touching his qualifications to practise according to the doctrines and teaching of homœopathy shall give notice in writing of at least one month to the secretary or treasurer of the association, and show that he is not less than twenty-one years of age; has followed medical studies for not less than four years under the care of one or more duly qualified medical practitioners; has attended at some recognized university or incorporated school of medicine not less than two six-months’ courses of anatomy, physiology, surgery, theory and practice of medicine, midwifery, chemistry, materia medica, and therapeutics respectively, and not less than one six-months’ course of clinical medicine and medical jurisprudence respectively, or their equivalents in time; and shall have complied with the regulations of such university or incorporated school of medicine with regard to such courses, and shall have followed such other course or courses as may hereafter be considered by the board of examiners requisite for the advancement of a medical education.

All such persons shall, at a regularly appointed time and place, be examined on all the aforesaid branches by the board of examiners (ib., art. 4,009).

If the board be satisfied by examination that a person is duly qualified to practise either or all of said branches of medicine, as taught and practised by homœopathists, they shall certify the same under the hands and seals of two or all of such board.

The lieutenant-governor, on receipt of such certificate, may, if satisfied of the loyalty, integrity, and good morals of the applicant, grant to him a license to practise medicine, surgery, and midwifery, or either of them, conformably to the certificate, and all such licensees are entitled to all the privileges enjoyed by licentiates of medicine (ib., art. 4,010).

The corporation appoints a secretary who keeps a register of names of all persons duly licensed to practise medicine, surgery, and midwifery, or either of them, according to the doctrines and teachings of homœopathy.

Only those whose names are inscribed in said register are qualified and licensed to practise according to the doctrines and teachings of homœopathy (ib., art. 4,015).

The said secretary is required to make the necessary alterations in the addresses or qualifications of the persons registered (ib., art. 4,016).

Offences and Penalties.—A person practising according to the homœopathic doctrines for reward in contravention of this act, or assuming a title implying that a person is legally authorized to practise according to homœopathic doctrines, if unable legally to establish such authorization; or by advertisement published in a newspaper or in a written or printed circular, or on business cards or signs, assuming a designation to lead the public to believe that he is duly registered and qualified to practise according to the doctrines of homœopathy; or offering or giving his services as physician, surgeon, or accoucheur for gain or hope of reward, if not duly authorized or registered, is punishable with a penalty of $50.

Burden of Proof.—In every prosecution, the proof of registration is incumbent on the party prosecuted.

Costs.—The court may condemn the defendant to pay $50 in addition to costs within a delay which it determines, and to imprisonment of sixty days in a common jail of the district on default of payment within the delay (ib., art. 4,017).

Witnesses.—A member of the corporation is not an incompetent witness on account of his membership (ib., art. 4,018).

Fees.—The provincial board of medical examiners may establish examination fees (ib., art. 3,981).

Members of the College of Physicians and Surgeons of the Province of Quebec are required to pay an annual fee of $2 (ib., art. 3,986).

FORENSIC MEDICINE.

THANATOLOGICAL.

THE

LEGAL STATUS OF THE DEAD BODY;

THE DISPOSAL AND OBLIGATION TO DISPOSE OF THE SAME; HOW AND BY WHOM IT MAY BE EXHUMED OR REMOVED; AUTOPSIES, BY WHOM ORDERED; THE RIGHTS OF RELATIVES AND ACCUSED PERSONS.

INCLUDING

AN APPENDIX CONTAINING A SYNOPSIS OF THE STATUTES OF THE DIFFERENT UNITED STATES AND TERRITORIES CONCERNING SAME.

BY

TRACY C. BECKER, A.B., LL.B., ETC.,

Counsellor at Law, etc.; Professor of Civil Law and Medical Jurisprudence, Law Department, University of Buffalo.