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DRAUGHT BILL, (As Amended by the Committee,) "TO PRODUCE UNIFORMITY OF MEDICAL EDUCATION AND...

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499 DRAUGHT BILL, (As Amended by the Committee,) "TO PRODUCE UNIFORMITY OF MEDICAL EDU- CATION AND QUALIFICATION, AND FOR THE REGISTRATION OF THOSE LICENSED TO PRAC- TISE IN MEDICINE." PREAMBLE.- Whereas it is for the good of all Her Majesty’s subjects that the knowledge of physic and surgery should be promoted, and that means should be afforded whereby those who have been examined and found skilful by com- petent authority may be known from ignorant and un- skilful pretenders to the same knowledge: And, whereas the laws now in force concerning the profession of physic and surgery require to be amended: Be it enacted, by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by authority of the same:- 1. Repeal of Statutes.-[3 Hen. VIII. c. 11.]-That an Act passed in the third year of the reign of King Henry the Eighth, intituled, " An Act for the appointing Physicians and Surgeons;" and also another Act passed in the fifth year of the same reign, intituled "An Act concerning - -’t’ .’ .,_ - - - - - - .. __ Surgeons to be discharged of Quests and other Things;" and also two Acts passed in the thirty- second year of the same reign, re- spectively intitutled, " For Physicians and their Privilege," and "For Barbers and Surgeons," and also another Act passed in the Session of Parliament holden in the thirty-third and thirty- fourth years of the same reign, intitutled, "A Bill that Persons, being no common Surgeons, may minister Medicines, notwithstanding the Statute;" and another Act passed in the first year of the reign of Queen Mary, intitutled " An Act touching the Corporation of Physicians in London;" and also an Act passed in the Session of Parliament holden in the sixth and seventh years of the reign of King William the Third, in- titutled, "An Act for exempting Apothecaries from serving the offices of Constable, Scavenger, and other Parish and Ward offices, and from serving on Juries;" and so much of every other Act as continues the last recited Act; and also an Act passed in the tenth year of the reign of King George the First, intitutled, "An Act for the better i viewing, searching, and examining of all Drugs, Medicines, Waters, Oils, Compositions, used or to be used for Medicines, in all places where the same shall be exposed for Sale, or kept for that purpose, within the City of London or Suburbs thereof, or within seven miles circuit of the said City," and so much of another Act passed in the I eighteenth year of the reign of King George the Second, intitutled. " An Act for making the Surgeons of London and the Barbers of London two separate and distinct Corporations," as does not relate to the separation of the said corporations, or to the master, governors. and commonaltv of the mystery of barbers of London; and also so much of an Act passed in the fifty-fifth year of the reign of King George the Third, inti- tutled, " An Act for better regulating the Practice of Apothe- caries throughout England and Wales," as relates to the ex- amination of apothecaries, or to the qualifications of persons intended to be examined or to qualify themselves under that Act to practise as an apothecary, or to the fees to be paid by apothecaries for the certificate of the Court of Examiners, or to the penalties for practising as an apothecary without having obtained such certificate; and also so much of an Act passed in the I sixth year of the reign of King George the Fourth as enacts, that all members and licentiates of the Royal College of Physicians in London actually practising; all surgeons being members of the Royal Colleges of Sur- geons in London, Edinburgh, or Dublin, and actually prac- tising ; all apothecaries certified by the Court of Examiners of the Apothecaries’ Company, and actually practising, shall be freed and exempt from being returned, and from serving upon any juries or inquests whatsoever, and shall not be in- serted in the lists to be prepared by virtue of that Act, shall be repealed and annulled. II. Interpretation Clause.-That the words following shall have the signification hereby given to them, unless there be anything in the context repugnant to such signification:- " Medicine" to signify " Medicine, Surgery, Midwifery, and Pharmacy;" " Medical" to include " Surgical;" " Council" and "Councils" to signify severally the Medical Council or Medical Councils constituted under this Act. III. Appointment of the Medical Council for England.-That a council shall be established, which shall be styled-" The Medical Council for England;" and that the Regius Professor of Medicine in the University of Oxford, the Regius Professor of Physic in the University of Cambridge, such one person as shall be from time to time designated by the Senate of the University of London, the President of the Royal College of Physicians of England, and the President of the Royal College of Surgeons of England, shall be members of the said council in right of their several offices and appointments; and that the other members of the said council shall be five physicians, to be chosen by the Royal College of Physicians of England, five surgeons to be chosen by the Royal College of Surgeons of England, and six medical practitioners, to be appointed by one of her Majesty’s principal Secretaries of State; each of the said appointments to be made within three months after the passing of this Act; and the powers and duties vested in the said council by this Act, may be exercised and executed by any six members thereof. IV. Tenure of Office by Members chosen by the Colleges.- That every member of the said Council appointed by the said College of Physicians, the said College of Surgeons, and the said Secretary of State, shall be entitled to be a member of the said council for three years, and shall then go out of office, but may forthwith be re-chosen; and that upon every vacancy among the members of the said council, appointed by the said College of Physicians, the said College of Surgeons, and the said Secretary of State, and their successors, the said College of Physicians, or the said College of Surgeons, or the said Secretary of State, as the case may be, shall appoint another person to supply such vacancy. V. Appointment of the Medical Council for S’cotland.-[To be inserted hereafter.] VI. Tenure of Office by Members of the Medical Council for Scotland.-[To be inserted hereafter.] VII. Appointment of the Medical Council for Ireland.-[To be inserted hereafter.] VIII. Tenure of Office by Members of the Medical Courzcil for Ireland.-[To be inserted hereafter.] IX. Expenses of the Members to be paid.-That there shall be paid to the members of the said several councils, such reasonable expenses incurred bv the said members in per- formance of their duties under this Act, not exceeding three guineas for each attendance, and also such reasonable allow- ance for mileage, as shall from time to time be allowed by the said several councils. X. Each of the said Councils to e’ect a President and Vice- Presicdent.-That the said Councils shall, as soon as may be after they shall have been appointed as hereinbefore provided, meet at the following places :-That is to say, the Council for England at the building of the Royal College of Physicians in London, the Council for Scotland at the building of the Royal College of Physicians at Edinburgh, and the Council for Ireland at the building of the King’s and Queen’s College of Physicians in Ireland, and shall each of them elect one of their members to be their President, and another of their members to be their Vice-president; and in all cases every question brought before any of the said councils, shall be de- cided by a majority of votes (the president, or, in his absence, the vice-president, having a vote,) and in the event of an equality of votes, the president, or, in his absence, the vice- president, shall have an additional or casting vote. XI. Each of the Councils to appoint aa Examining Board.- That each of the said councils shall, within three months after their first meeting, appoint such fit and proper persons, not being members of the said councils, as the said councils may severally choose to form an examining board for the purpose of carrying into effect the provisions of this Act; and every member of such examining board shall be paid such yearly salary as the council by whom he shall have been appointed shall think fit, and shall hold office for such period as the said council shall determine. XII. Provisions as to the appointment of a Treasurer, Regis- trar and Secretary, and of Clerks and Servants, and for the making of a Seal by each of the said Councils.-That each o
Transcript
Page 1: DRAUGHT BILL, (As Amended by the Committee,) "TO PRODUCE UNIFORMITY OF MEDICAL EDUCATION AND QUALIFICATION, AND FOR THE REGISTRATION OF THOSE LICENSED TO PRACTISE IN MEDICINE."

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DRAUGHT BILL,(As Amended by the Committee,)

"TO PRODUCE UNIFORMITY OF MEDICAL EDU-CATION AND QUALIFICATION, AND FOR THEREGISTRATION OF THOSE LICENSED TO PRAC-TISE IN MEDICINE."

PREAMBLE.- Whereas it is for the good of all Her Majesty’ssubjects that the knowledge of physic and surgery shouldbe promoted, and that means should be afforded wherebythose who have been examined and found skilful by com-petent authority may be known from ignorant and un-skilful pretenders to the same knowledge: And, whereasthe laws now in force concerning the profession of physicand surgery require to be amended: Be it enacted, by theQueen’s Most Excellent Majesty, by and with the adviceand consent of the Lords Spiritual and Temporal, andCommons, in this present Parliament assembled, and byauthority of the same:-

1. Repeal of Statutes.-[3 Hen. VIII. c. 11.]-That an Actpassed in the third year of the reign of King Henry theEighth, intituled, " An Act for the appointing Physicians

and Surgeons;" and also another Actpassed in the fifth year of the samereign, intituled "An Act concerning- -’t’ .’ .,_ - - - - - - .. __

Surgeons to be discharged of Quests and other Things;"and also two Acts passed in the thirty-second year of the same reign, re-

spectively intitutled, " For Physiciansand their Privilege," and "For Barbersand Surgeons," and also another Actpassed in the Session of Parliamentholden in the thirty-third and thirty-

fourth years of the same reign, intitutled, "A Bill thatPersons, being no common Surgeons, may minister Medicines,notwithstanding the Statute;" and another Act passed in

the first year of the reign of QueenMary, intitutled " An Act touching theCorporation of Physicians in London;"and also an Act passed in the Sessionof Parliament holden in the sixth and

seventh years of the reign of King William the Third, in- titutled, "An Act for exempting Apothecaries from serving the offices of Constable, Scavenger, and other Parish andWard offices, and from serving on Juries;" and so much of every other Act as continues the last recited Act; and also

an Act passed in the tenth year of the reign of King George the First,intitutled, "An Act for the better i

viewing, searching, and examining of all Drugs, Medicines, Waters, Oils, Compositions, used or to be used for Medicines,in all places where the same shall be exposed for Sale, orkept for that purpose, within the City of London or Suburbsthereof, or within seven miles circuit of the said City," and

so much of another Act passed in the Ieighteenth year of the reign of KingGeorge the Second, intitutled. " An Act

for making the Surgeons of London and the Barbers ofLondon two separate and distinct Corporations," as does notrelate to the separation of the said corporations, or to themaster, governors. and commonaltv of the mystery of barbers

of London; and also so much of an Actpassed in the fifty-fifth year of thereign of King George the Third, inti-

tutled, " An Act for better regulating the Practice of Apothe-caries throughout England and Wales," as relates to the ex-amination of apothecaries, or to the qualifications of personsintended to be examined or to qualify themselves under thatAct to practise as an apothecary, or to the fees to be paid byapothecaries for the certificate of the Court of Examiners, orto the penalties for practising as an apothecary without

having obtained such certificate; and also so much of an Act passed in the Isixth year of the reign of King George

the Fourth as enacts, that all members and licentiates of the Royal College of Physicians in London actually practising;all surgeons being members of the Royal Colleges of Sur-geons in London, Edinburgh, or Dublin, and actually prac-tising ; all apothecaries certified by the Court of Examiners ofthe Apothecaries’ Company, and actually practising, shall befreed and exempt from being returned, and from serving

upon any juries or inquests whatsoever, and shall not be in-serted in the lists to be prepared by virtue of that Act, shallbe repealed and annulled.

II. Interpretation Clause.-That the words following shallhave the signification hereby given to them, unless there beanything in the context repugnant to such signification:-" Medicine" to signify " Medicine, Surgery, Midwifery, andPharmacy;" " Medical" to include " Surgical;" " Council"and "Councils" to signify severally the Medical Council orMedical Councils constituted under this Act.

III. Appointment of the Medical Council for England.-Thata council shall be established, which shall be styled-" TheMedical Council for England;" and that the Regius Professorof Medicine in the University of Oxford, the Regius Professorof Physic in the University of Cambridge, such one person asshall be from time to time designated by the Senate of theUniversity of London, the President of the Royal College ofPhysicians of England, and the President of the Royal Collegeof Surgeons of England, shall be members of the said councilin right of their several offices and appointments; and thatthe other members of the said council shall be five physicians,to be chosen by the Royal College of Physicians of England,five surgeons to be chosen by the Royal College of Surgeonsof England, and six medical practitioners, to be appointed byone of her Majesty’s principal Secretaries of State; each ofthe said appointments to be made within three months afterthe passing of this Act; and the powers and duties vested inthe said council by this Act, may be exercised and executedby any six members thereof.

IV. Tenure of Office by Members chosen by the Colleges.-That every member of the said Council appointed by thesaid College of Physicians, the said College of Surgeons, andthe said Secretary of State, shall be entitled to be a memberof the said council for three years, and shall then go out ofoffice, but may forthwith be re-chosen; and that upon everyvacancy among the members of the said council, appointed bythe said College of Physicians, the said College of Surgeons,and the said Secretary of State, and their successors, the saidCollege of Physicians, or the said College of Surgeons, or thesaid Secretary of State, as the case may be, shall appointanother person to supply such vacancy.V. Appointment of the Medical Council for S’cotland.-[To be

inserted hereafter.]VI. Tenure of Office by Members of the Medical Council for

Scotland.-[To be inserted hereafter.]VII. Appointment of the Medical Council for Ireland.-[To

be inserted hereafter.]VIII. Tenure of Office by Members of the Medical Courzcil

for Ireland.-[To be inserted hereafter.]IX. Expenses of the Members to be paid.-That there shall be

paid to the members of the said several councils, suchreasonable expenses incurred bv the said members in per-formance of their duties under this Act, not exceeding threeguineas for each attendance, and also such reasonable allow-ance for mileage, as shall from time to time be allowed by thesaid several councils.X. Each of the said Councils to e’ect a President and Vice-

Presicdent.-That the said Councils shall, as soon as may beafter they shall have been appointed as hereinbefore provided,meet at the following places :-That is to say, the Councilfor England at the building of the Royal College of Physiciansin London, the Council for Scotland at the building of theRoyal College of Physicians at Edinburgh, and the Councilfor Ireland at the building of the King’s and Queen’s Collegeof Physicians in Ireland, and shall each of them elect one oftheir members to be their President, and another of theirmembers to be their Vice-president; and in all cases everyquestion brought before any of the said councils, shall be de-cided by a majority of votes (the president, or, in his absence,the vice-president, having a vote,) and in the event of an

equality of votes, the president, or, in his absence, the vice-president, shall have an additional or casting vote.XI. Each of the Councils to appoint aa Examining Board.-

That each of the said councils shall, within three months aftertheir first meeting, appoint such fit and proper persons, notbeing members of the said councils, as the said councils mayseverally choose to form an examining board for the purposeof carrying into effect the provisions of this Act; and everymember of such examining board shall be paid such yearlysalary as the council by whom he shall have been appointedshall think fit, and shall hold office for such period as thesaid council shall determine.

XII. Provisions as to the appointment of a Treasurer, Regis-trar and Secretary, and of Clerks and Servants, and for themaking of a Seal by each of the said Councils.-That each o

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the said councils shall, within a month after their first meet-ing, appoint a fit and proper person to be their treasurer, andalso another fit and proper person to be their registrar andsecretary; and there shall be paid to each of such treasurersand registrars such yearly salary as the council by whom lieshall be appointed shall think fit; and each of the said trea-surers and registrars shall be removeable at the pleasure ofthe council by whom he shall have been appointed; and eachof the said councils shall also, from time to time, appoint suchclerks and servants as they may deem necessary for the pur-poses of this Act; and every person so appointed shall be re-moveable at the pleasure of the council by whom he shall havebeen appointed, and shall be paid such salary as the councilby whom he shall have been appointed shall think fit; andeach of the said councils shall cause to be made a seal fortheir use in the execution of this Act, and shall cause to besealed or stamped therewith all licences granted or issued bythem in pursuance of this Act; and all such licences and otherdocuments purporting to be sealed or stamped with any suchseal shall be received as primâ facie evidence in all courts andplaces whatsoever.XIII. As to the Registration of Medical Practitioners

in practice before the passing of this Act.-That the registrarof each of the said councils shall, within thirty days after hisappointment, and shall from time to time, till the first day ofFebruary, one thousand eight hundred and fifty-four, proceedto register, in books to be kept for that purpose, on paymentof a fee of five shillings, the name and place of abode, toge-ther with a description of the testimonials of every physician,surgeon, and apothecary who shall apply to be registered, andwho, prior to the first day of November, one thousand eighthundred and fifty-three, shall have taken a degree in medicinein any English, Irish, or Scotch University, or who shall statehis place of abode and apply to be registered, and shall pro-duce his diploma, certificate or licence, or shall produce a dulyattested certificate, or such other proof as shall be satisfactoryto the said registrar, of his having obtained a diploma, cer-tificate, or licence to practice as a physician, surgeon, orapothecary, dated prior to the said first day of November, onethousand eight hundred and fifty-three, and granted by anyEnglish, Irish, or Scotch college or hall, or any corporation,sole or aggregate, in England, Ireland, or Scotland, legallyentitled to grant the same at the time of the passing of thisAct: and also to every person who shall apply for the same,and who was actually practising medicine in England andWales prior to the first day of August, one thousand eighthundred and fifteen, and who shall sign a declaration ac-

cording to the form in Schedule A, to this Act annexed, andalso to every surgeon and assistant-surgeon of the army andnavy who shall apply for the same, and whose warrant of ap-pointment bears date prior to the said first day of August, onethousand eight hundred and fifteen, and to every person whoshall have been registered as aforesaid, the said rsgistrar shallgive a certificate according to the form in Schedule C, to thisAct annexed, and which certificate shall be in force till thefirst day of February, one thousand eight hundred and fifty-four, and no longer.XIV. Every Person not Registered as aforesaid to present

himself before the Council of his countryfor examination. Licencesto be granted to those duly qualified on payment of a Fee of £5.-That each of the said councils shall meet at least once in everythree months for the dispatch of business; and every personnot being registered under the provisions of the next precedingsection of this Act, or not being a graduate in medicine, or alicentiate in medicine, of one of the Universities of Oxfordand Cambridge, who intends to practise medicine after thefirst day of February, one thousand eight hundred and fifty-four, shall present himself before the council for the countryin which he intends to practise; and if such council shall con-sider the person so presenting himself to be properly qualifiedas hereinafter is mentioned, they shall direct their registrarto grant to such person a licence according to the form inSchedule B, to this Act annexed, on payment of a fee of fivepounds; and every person to whom such licence shall havebeen granted as aforesaid, shall be entitled to assume the nameand title of a Licentiate in Medicine.XV. Candidates for Licences to produce Testimonials to the

Council.-That every person who may present himself beforeany of the said councils for the purpose of obtaining a licencein medicine, shall produce proofs to the said council that hehas attained the age of twenty-one years, and shall also pro-duce such testimonials as shall be satisfactory to the saidcouncil, that he has passed at least four years in some univer-sity or medical school approved of by the said council, unles

he shall have been a pupil to a registered medical practitionerfor at least two years, in which case he shall have passed atleast three years in such university or medical school; andthat he has attended such courses of dissection, such clinicaland other lectures, and such hospital practice, and has passedsuch several examinations before the examining board ap-pointed by the said council, as the said council shall from timeto time appoint.XVI. Triennial Médical Congress to be held.-That once in

every three years each of the said councils shall depute threeof their members to form a medical congress, for the purposeof fixing an uniform curriculum of study, in accordance withthe next preceding section of this Act, to be gone through byall candidates for licences to be granted by the said councilsrespectively; and such medical congress shall meet in Londonat such place and time as the council for England shall deter-mine ; the first medical congress to be held as soon as may beafter the election of the said several councils.XVII. As to Registration of Medical Practitioners who shall

not have been Registered under the Thirteenth Section of this Act.- That the registrar of each of the said councils shall, on andafter the first day of -, one thousand eight hundred andfifty proceed to register, in books to be kept for thatpurpose, and without any payment whatever, the name andplace of abode, together with a description of the testimonialsof every physician and surgeon who shall apply to be regis-tered, and who shall produce the diploma or licence to prac-tise in medicine of either of the Universities of Oxford andCambridge; or who shall produce the diploma or licence ofthe Royal College of Physicians, or the diploma or licence ofthe Royal College of Surgeons, of the country in which heapplies to be registered, together with the licence of thecouncil for the same country; or who, in Scotland, shall pro-duce the diploma or licence of the Faculty of Physicians andSurgeons of Glasgow, together with the licence of the councilfor Scotland; and to every person who shall have been regis-tered as aforesaid the said registrar shall give a certificate,according to the form in Schedule C, to this Act annexed, andwhich certificate shall be in force until the first day of February,then next ensuing, and no longer.XVIII. Registrars to Issue Annual Certificates to Registered

Practitioners, on payment of a fee of 5s.-That the registrar ofeach of the said councils shall from time to time issue a certi-ficate, according to the form in Schedule C, to this Actannexed, to every person who shall be registered as aforesaid,and who shall apply for such certificate; and the said regis-trars shall issue such certificates for the countries only forwhich they shall be severally appointed to act; and everyperson shall, upon his application for such certificate, pay tothe registrar a fee of five shillings; and such certificate shallbear date on the first day of February then next ensuing, andshall continue in force during one year and no longer.XIX. All Monies received by the Registrars to be applied for

the puposes of the Act.-That all monies received by the regis-trars of the said several councils shall be paid over to thetreasurers of the said several councils, and shall be applied todefray the expenses of carrying this Act into execution, insuch manner as the said council shall direct; and if, afterpaying such expenses, any surplus shall remain in the handsof the treasurer of the said councils, such surplus shall beyearly applied for the founding or establishing of medicalscholarships or prizes, or in promoting the advance of medicalscience and literature, in such manner as such council shalldetermine.XX. Annual Statement of Income and Expenditure.-That

each of the said councils shall, once in every year, publish afull account of their income and expenditure for the year thenlast past, and shall cause their secretary to transmit a copy ofsuch account to one of her Majesty’s principal Secretaries ofState.XXI. Each Registrar to keep a Record of Certificates.-

That the registrar of each of the said councils shall dulyrecord an account of every certificate which he shall issue asaforesaid; and in the month of February in every year shallcause to be printed a correct register, in two lists, accordingto the form in Schedule D, to this Act annexed, of the namesand places of residence, arranged alphabetically, in each list)of all persons to whom he shall have so issued certificatesduring the year then last past, according to the provisions ofthis Act, together with a description of the legal qualificationor qualifications, with the date or dates thereof, of all personsregistered under the thirteenth section of this Act, andspecifying the date of the licence granted by the council, andthe degrees and diplomas with the date or dates thereof

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possessed by all persons registered under the seventeenthsection of this Act; and such registers shall be respectivelycalled, " The Medical Register for England," " The MedicalRegister for Scotland," and " The Medical Register forIreland;" and a printed copy of the Register for the timebeing, so published as aforesaid, shall be evidence in all courts,and before all justices of the peace and others, that the personstherein specified have obtained certificates according to theprovisions of this Act; and the absence of the name of anyperson from such printed copy shall be evidence, until thecontrary be made to appear, that such person has not obtaineda certificate according to this Act.XXII. Registered Persons entitled to _practise where Certifi-

cates are issued and to transfer their names to the Register ofother parts of the United Kingdom.-That every person whoshall be registered and shall possess a certificate in force,according to the provisions of this Act, shall be entitled topractise medicine throughout that part of the United Kingdomfor which his certificate was issued; and every person whoshall be registered in one part of the United Kingdom maytransfer his name to the register of any other part of theUnited Kingdom in which he may be about to practise, onproduction to the registrar of the last-named part of theUnited Kingdom of his licence and certificate for the currentyear; and the registrar shall thereupon grant to such person transferring his name a certificate, which shall remain in forcetill the first day of February then next ensuing.XXIII. Registered Persons entitled to Charge for Advice and

Visits.-That all persons who shall be registered and possesscertificates according to the provisions of this Act, shall beentitled to demand and recover in any court of law, with fullcosts of suit, reasonable charges for medical aid, advice, visits,and medicine, rendered or supplied by them to their patients,without any other licence than such registry and certificates.XXIV. None but Registered Persons to Recover Charges.-

That, after the first day of February, one thousand eighthundred and fifty-four, no person shall be entitled to recoverany charge in any court of law for any medical advice, attend-ance, or for the performance of any operation, or for anymedicine prescribed, administered, or supplied by him, unlesshe shall prove upon the trial either that he is in possession ofa certificate in force, according to the provisions of this Act,or that he was legally practising in the capacity in which heclaims such charge at the time when the debt was incurred.XXV. Persons not possessing Certificates incapable of acting

as Medical Officers in Public and other Situations.-That, afterthe first day of February, one thousand eight hundred andfifty-four,no person who does not possess a certificate in force,according to the provisions of this Act, shall be capable ofholding any appointment in any part of the United Kingdom,in the capacity of a physician, surgeon, apothecary, or othermedical officer, in any hospital, infirmary, dispensary, lunaticor other asylum, lying-in hospital, gaol, penitentiary, house ofcorrection, house of industry, parochial or union workhouse,or poorhouse, parish, union, or other public establishment,body or institution, or to any friendly or other society foraffording mutual relief in sickness, infirmity, or old age.XXVI. Summary Penalty against Unregistered Piactitioners-

That if any person shall, after the first day of February, onethousand eight hundred and fifty-four, act or pract,ise as aphysician, surgeon, apothecary, or licentiate in medicine, inany part of the United Kingdom, without being duly registeredaccording to the provisions of this Act, and without having acertificate as aforesaid in force at the time of his so practisingor acting as a physician, surgeon, apothecary, or licentiate inmedicine, he shall, on conviction before any magistrate havingjurisdiction in the county, city, or place where the offence wa.committed, forfeit and pay a sum not exceeding five pounds,nor less than forty shillings, for every such offence, to be re-coverable within six months next after the commission of thEsaid offence.XXVII. Expulsion of Registered Practitioners for Disgraceful

Conduct, or Irregular Practice.-Tliat if three registered prac-titioners shall at any time complain to the council of anycollege or other governing body, that a person who hadobtained his licence, diploma, or qualification from suchcollege, or body, had been conducting himself in a mannercalculated to bring scandal and odium on the profession, bypublishing indecent advertisements or pamphlets, or immoralor obscene prints or books, or had been guilty of any otherdisgraceful and unprofessional behaviour, or of any irregularpractice, the said council, or other governing body aforesaid;are hereby empowered to cite the person accused beforethem, first giving him due notice, and a full statement of thecharges against him; whereupon the said council, or othe !

body, having heard the defendant, and on being satisfied thatthe charges have been proved, or, in default of his appear-ance, having decided that the charges have been proved, theyare hereby required to erase the name of such person fromthe books or rolls of the said college, or other institution asthe case may be, and shall transmit forthwith to the registrarof that part of the kingdom to which such college or other insti-tution belongs, an official report of their decision, authenticatedby the seal of such college; and the said registrar shall thereuponstrike out the name of the offending party from the registerin his custody, and it shall ever afterwards be excluded fromevery register to be kept under the provisions of this Act,unless the council, or other governing body by whom thename was first erased, shall re-admit it into the books or rollsof such college, or other institution. Provided always thatthe name of no person who may be possessed of a licencegranted by a medical council according to the provisions ofthis Act, shall be erased from the register, unless the registrarreceive from such medical council an official decision to thateffect, authenticated by their seal.XXVIII. Penalty for the Wilful Falsification of the Record of

Certifiecctes by any Registrar.-That if any registrar under thisAct shall wilfully make or cause to be made any falsificationin any matters relating to any register, certificate, or recordaforesaid, every such offender shall be deemed guilty of amisdemeanour in England and Ireland, and in Scotland of acrime and offence; and shall, on conviction thereof, be sen-tenced to be imprisoned for any term not exceeding sixmonths.XXIX. Penalty for Cbtaiazing Certificates by False Representa-

tions.-That if any person shall wilfully procure, or attemptto procure, a certificate from any registrar, by making or pro-ducing, or causing to be made or produced, any false or frau-dulent representation or declaration, either verbally or inwriting; or shall, by any false or fraudulent means whatso-ever, possess, obtain, use, or attempt to possess, obtain, or use,any certificate as aforesaid, every such person so offending,and every person aiding and assisting him therein, shall, uponbeing convicted thereof, be adjudged guilty of a misdemeanourin England and Ireland, and in Scotland of a crime andoffence; and thereupon it shall be lawful for the court beforewhom such offender shall be tried and convicted, to sentencesuch offender to be imprisoned, with or without hard labour,for any period of time not exceeding six calendar months.XXX. Penalty for-Falsely Pretending to be a Medical Practi-

tioner.-That every unregistered person who shall wilfullyand falsely pretend to be, or take or use the name or title of aphysician, doctor, bachelor of medicine, surgeon, or apothe-cary, or any name, title, addition, or description, implyingthat he is registered under this Act, or that he is recognisedby law as a physician, or surgeon, or apothecary, or a practi-tioner in medicine, shall, on being convicted of every suchoffence, before any magistrate having jurisdiction therein, paya sum not exceeding twenty pounds, nor less than five, to berecoverable as hereinafter described.XXXI. How Penalties are to be Reco2serecl; if not paid, the

0ffender may be Committecl.-That any justice of the peaceacting in and for the county, city, or place in which theoffence has been committed, or any magistrate appointed byvirtue of an Act passed in the second and third years of thereign of her Majesty Queen Victoria, intituled "An Act forRegulating the Police Courts of the Metropolis," or one of the

justices of peace courts in Scotland, may hear and determineany complaint charging any person with practising medicine,without a certificate, as aforesaid, on the oath of one or more

’ witnesses, or by the confession of the accused party, and shallt award the penalty or punishment herein provided for such, offence; and in every case of the adjudication of a pecuniary’ penalty under this Act, and of non-payment thereof, it shall, be lawful for the said justice or magistrate to commit the

offender to any gaol or house of correction within his jurisdic-tion, for a term not exceeding one calendar month, when the- sum does not exceed forty shillings, and for a term not ex-

ceeding six calendar months when the sum does not exceedtwenty pounds, the imprisonment to cease on payment of the

t sum due.

XXXII. Application of Penalties.-That any sum or sums ofr money arising from conviction and recovery of penalties for1 offences committed against the authority and provisions of thisr Act, shall be paid to the treasurer of the council for that partr of the United Kingdom in which such conviction shall take, place.3 XXXIII. Examiners may ta7ce Candidates to Hospitals, &c.-e That each of the said examining boards, or any members or member thereof, shall be empowered to attend with the can-

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502

didates for licences in the public hospitals, or other publicinstitutions containing sick and diseased persons, and also inany workhouse, with the view of ascertaining the practicalknowledge of such candidates in the science of medicine.XXXIV. Provision for existing Students.-That it shall be

lawful for the said several councils to make regulations fordispensing with such provisions of this Act as to them shallseem fit, in favour of medical students who shall have com-menced their professional studies before the passing of thisAct.XXXV. Act not to affect the Trade or Business of C7temists

and Druggists.-That not anything in this Act contained shallextend, or be construed to extend, to prejudice or in any wayaffect the trade or business of a chemist and druggist in thebuying, preparing, compounding, dispensing and vending,drugs, medicines, and medicinable compounds, wholesale orretail, without the giving of medical or surgical advice.XXXVI. Registered Medical Practitioners exempted front

serving on ./wt’6.s, Inquests, &c.-That every person who shallbe registered and possess a certificate in force, under the pro-visions of this Act, shall be exempt, if he shall so desire, fromserving on all juries and inquests whatsoever, and from servingall corporate, parochial, ward, hundred, and township offices,and in the militia; and that the name of such person shall notbe returned in any list of persons liable to serve in the militia,or in any such office as aforesaid; and no person shall beentitled to such exemption as aforesaid, on the ground of beinga physician, surgeon, or apothecary, who does not possess suchcertificate then in force as aforesaid.XXXVII. For certain Offences, names of Medical Practi- I

tioners to be erased from the Register.-That if any registeredmedical practitioner shall be convicted in England or Irelandof any felony, or in Scotland of any crime or offence inferringinfamy, or the punishment of death or transportation, or if itshall be found, by the judgment of any competent court, thatany such medical practitioner shall have procured a certificateunder this Act by any fraud or false pretence, or that anysuch medical practitioner has wilfully and knowingly givenany false statement, evidence, or certificate, in any case inwhich by law the evidence or certificate of a physician, surgeon,or apothecary is required, the registrar of each of the councils,on the production before him of an office copy or extract ofthe conviction or judgment of the court, duly certified underthe hand of the proper officer of the court, or other proofthereof, shall cause the name of such medical practitioner tobe erased from the register; and every person who shall havebeen so erased after such conviction or judgment as aforesaid,shall thereby forfeit and lose all the privileges of a registeredmedical practitioner provided by this Act.

SCHEDULE A.Declaration required of a person who claims to be regis-

tered as a medical practitioner upon the ground that he wasin practice as a medical practitioner before the first day ofAugust, 1815:-

To the Registrar of the Medical Council for England.I, [Samuel Baker,] residing at [6, Duke-street, Exeter,] in

the county of [Devon,] hereby declare that I was practising asa medical practitioner, at [16, George-street, Hastings,] in thecounty of [Sussex,] before the 1st day of August, 1815.

(Signed) [SAMUEL BAKER.]Dated this [6th] day of [November,] 1852.

SCHEDULE B.Licence in Medicine.

This is to certify that [Herbert Jones] has been carefullyand deliberately examined as to his skill and abilities in thescience and practice of medicine, and as to his fitness and qua-lification to practise the same, by the examining board ap-pointed in pursuance of au Act of Parliament passed in the[ ] year of the reign of Her Majesty Queen Victoria,intituled "An Act to produce Uniformity of Medical Educa-tion and Qualification, and for the Registration of thoseLicensed to Practise in Medicine;" and the Medical Councilfor [England] have, by virtue of the powers vested in them bythe said Act, directed this licence to be granted to the said[Herbert Jones,] certifying that he is duly qualified to prac-ti.-,p medicine.

[JOHN FAIRBROTHER.]President of the Medical Council for [England]

[HENRY BROWN,]Registrar of the Medical Council for [England.]

SCHEDULE C.

The Medical Register for [England]-Medical RegistrationCertificate for 185 .

In accordance with the provisions of an Act of Parliament,passed in the [ ] year of the reign of her MajestyQueen Victoria, intituled," An Act to produce Uniformity ofMedical Education and Qualification, and for the Registrationof those licensed to Practise in Medicine," I hereby certifythat [James Howard], residing at [No. 15, Ormond-street,Manchester,] in the County of [Lancaster,] (having been inpractice prior to the first day of November, 185 , and havingproduced before me the [Diploma] of [the Itoyal College ofSurgeons of England,] granted to him [April llth, 1840,] as[a Member of that College,] or [some one of the Diplomas oror Licences specified in the thirteenth section of the Act,]) or(having signed before me a declaration according to the formin Schedule A to the said Act annexed,) or (having producedbefore me the [Diploma] of [the Royal College of Physiciansof England] granted to him the [6th] day of [ISfarch,] 185 ,together with the Licence of the Medical Council for [Eng-land,] granted to him the [4th] day of [February,] 185 ,) hehas been duly registered, according to the provisions of thesaid Act, as a person who is qualified to practise Medicine inany part of [England and Wales,] and that he is entitled toexercise all the powers and privileges conferred by the saidAct.

This Certificate to remain in force until the 1st day ofFebruary, 185 , and no longer.

(Signed) [HENRY BRowN,]Registrar of the Medical Council for [England.]

Dated this [1st] day of [February,] 185 .

[HENRY BROWN.]Registrar of the Medical Council for [England.]

SCHEDULE D.

The Medical Register for [England], consisting of the namesand places of residence, with a description of the qualificationsand the dates thereof, of all persons legally qualified to prac.tise medicine in [England,] in the year 185 .

The Names of Registered Medical Practitioners, arranged intwo lists as Physicians and Surgeons.

PHYSICIANS.

(Arranged Alphabetically.)

Names.

ADDISON, JAMES

ADLARD,HUGHi

ADNEY,RALPH

Qualifications and their Dates.

Diploma as a Fellow of theRoyal College of Physiciansof England, dated gth Aug.1836

Diploma as a Graduate of theUniversity of Edinburgh,dated 3rd April, 1843

Diploma as a Member of theRoyal College of Physiciansof England, dated 2nd May,1854 ; Licence from the Me-dical Council for England,dated 5th July, 1853

Places of Residence.

No. 16, Tudor-street,Manchester.

No. 7, Milton-street,London.

The Grove, Camber-well.

SURGEONS.

(Arranged Alphabetically.

Names.

ADPART, EDMD. ’,

ADWIN, GILBERT

ANDREWS, JOHNAPPLETON, WM.

Qualifications and their Dates.Diploma as a Fellow of the

Royal College of Surgeonsof England, dated 4th Sept.1838

Declaration as required byLaw, of having practised asa Medical Practitioner beforethe 1st day of August, 1815

Licence of the Society of Apo-thecaries, London, dated II thJune, 1834

Diploma as a Member of theRoyal College ot Surgeonsof England, dated 2nd July,1854 ; Licence from the Medi-cal Council for England,dated 5th May, 1853

Places of Residence.

No. 40, Tolville-street,Leeds.

No. 19, Niilsom-street,Manchester.

No. 8, Hilton.street,Liverpool.

No. 90, George-street,Exeter.


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