11. Doctor of medicine of any foreign or colonial university or

college, practising as a physician in the United Kingdom before October 1st, 1858, who shall produce certificates to the satisfaction of the council, of his having taken his degree of doctor of medicine after a regular examination, or who shall satisfy the council under sec. 46 (amended 22 Vict., c. 21, s. 5) of this act, that there is sufficient reason for admitting him to be registered. Nothing in the above act shall prevent any person, not a British subject, who shall have obtained from any foreign university a degree or diploma of doctor in medicine, and who shall have passed the regular examinations entitling him to practise medicine in his own country, from being and acting as the resident physician or medical officer of any hospital established exclusively for the relief of foreigners in sickness; provided always such person is engaged in no medical practice except as such resident physician or medical officer (22 Vict., c. 21, s. 6). The following qualification was added by 23 and 24 Vict., c. 7, s. 1: A diploma or license in surgery granted by any university in Ireland legally authorized to grant the same. The act 39 and 40 Vict., c. 40, in sec. 3, provides that all persons who have obtained from any university of the United Kingdom legally authorized to confer the same, the degree of bachelor in surgery, shall be permitted to register the same as a qualification under 21 and 22 Vict., c. 90. The diploma of a member of the King’s and Queen’s College of Physicians in Ireland, and the degree of Master in Obstetrics of any university in the United Kingdom are added to the qualifications in Schedule A of the Medical Act of 1858 (49 and 50 Vict., c. 48, s. 20). The change of name of any of the corporations named in 21 and 22 Vict., c. 90, is not to alter or affect the qualifications constituted by the act (23 and 24 Vict., c. 66, s. 3). REVOCATION OF LICENSE.—The Society of Apothecaries may strike off from the list of licentiates of said society the name of any person who shall be convicted in England or Ireland of any felony or misdemeanor, or in Scotland of any crime or offence, or who shall, after due inquiry, be judged by the general council to have been guilty of infamous conduct in any professional respect, and the said society shall forthwith signify to the general council the name of the licentiate so stricken off (37 and 38 Vict., c. 34, s. 4). WOMEN.—The Society of Apothecaries is not relieved from any existing obligation, nor deprived of any right, to admit women to the examinations required for certificates to practise as apothecaries, or to enter the lists of licentiates of said society, any women who shall have satisfactorily passed such examinations, and fulfilled the other general conditions imposed upon persons seeking to obtain from the said society a qualification to be registered under 21 and 22 Vict., c. 90 (_ib._, s. 5). The act 39 and 40 Vict., c. 41, extends the powers of every body entitled under 21 and 22 Vict., c. 90, to grant qualifications for registration so that it may grant any qualification for registration granted by such body without distinction of sex—but nothing in this act is compulsory. The Medical Act of 1886 (49 and 50 Vict., c. 48) modified the foregoing acts as follows: EXAMINATION.—A person cannot lawfully be registered under the medical acts in respect of any qualification referred to in any of those acts unless he has passed such qualifying examination in medicine, surgery, and midwifery as is in this act mentioned (49 and 50 Vict., c. 48, s. 2). A qualifying examination shall be an examination in medicine, surgery, and midwifery held for the purpose of granting a diploma or diplomas conferring the right of registration under the medical acts, by any of the following bodies: (_a_) Any university in the United Kingdom, or any medical corporation legally qualified at the time of the passage of this act to grant such diploma or diplomas in respect of medicine or surgery; or (_b_) Any combination of two or more medical corporations in the same part of the United Kingdom, who may agree to hold a joint examination in medicine, surgery, and midwifery, and of whom one at least is capable of granting such diploma as aforesaid in respect of medicine, and one at least is capable of granting such diploma in respect of surgery; or (_c_) Any combination of any such university as aforesaid with any other such university or universities, or of any such university or universities with a medical corporation or corporations; the bodies forming such combination being in the same part of the United Kingdom (_ib._, s. 3 [1]). The standard of proficiency at said examinations shall be such as suffices to guarantee the possession of knowledge and skill requisite for the efficient practice of medicine, surgery, and midwifery. It is the duty of the general council to secure the maintenance of such standard of proficiency, and it may appoint such number of inspectors as it may determine who shall attend at all or any of the said examinations (_ib._, s. 3 [2]). The inspectors are not to interfere with the conduct of any examination, but to report to the general council their opinion as to the sufficiency or insufficiency of every examination which they attend, and such other matters in relation thereto as the general council may require (_ib._, s. 3 [3]). If it appears to the general council that the standard of proficiency in medicine, surgery, and midwifery, or in any of those subjects or any branch thereof required at such examinations by any such body, is insufficient, the privy council, on a report from the general council after considering such report, and any objection thereto by any body to which it relates, may by order declare that the examination of such body or bodies shall not be deemed a qualifying examination for registration, and Her Majesty, with the advice of the privy council, may revoke such order if upon further report from the general council, or any body to which it relates, it seems to her expedient (_ib._, s. 4 [1]). During the continuance of such order, the examinations held by the body or bodies to which it relates shall not be deemed qualifying examinations, and a diploma granted to a person passing such examinations shall not entitle such person to registration (_ib._, s. 4 [2]). If a medical corporation represent to the general council that it is unable to enter into a combination for holding a qualifying examination, and the general council is satisfied that the said corporation has used its best endeavor to do so on reasonable terms, the general council may on the application of such corporation appoint any number of examiners to assist at the examinations for granting a diploma conferring on the holder the right of registration (_ib._, s. 5 [1]). It is the duty of the said assistant examiners to secure at the said examinations the maintenance of such standard of proficiency in medicine, surgery, and midwifery as is required from candidates at qualifying examinations, and any examination held subject to this section shall be deemed a qualifying examination (_ib._, s. 5 [2]). PRACTITIONER’S RIGHTS.—A registered medical practitioner shall be entitled to practise medicine, surgery, and midwifery in the United Kingdom, and subject to any local law, in any other part of Her Majesty’s dominions, and to recover in due course of law in respect of such practice, any expenses or charges in respect of medicaments or other appliances, or any fees to which he may be entitled, unless he is a fellow of a college of physicians, the fellows of which are prohibited by by-law from recovering at law their expenses, charges or fees, in which case such prohibitory by-law, so long as it is in force, may be pleaded in bar of any legal proceeding instituted by such fellow for recovery of expenses, charges, or fees (_ib._, s. 6). MEMBERS OF GENERAL COUNCIL.—The constituent members of the general council are designated by this act in sec. 7. Members of the general council representing the registered medical profession must themselves be registered medical practitioners, and members of the branch council for the part of the United Kingdom in which they are elected (_ib._, s. 8). COLONIAL AND FOREIGN PRACTITIONERS.—When a person shows to the satisfaction of the registrar of the general council that he holds some recognized colonial medical diploma or diplomas granted to him in a British possession to which this act applies, and that he is of good character, and is by law entitled to practise medicine, surgery, and midwifery in such British possession, he shall on application to the said registrar, and on the payment of such fee not exceeding £5, as the general council may determine, be entitled without examination in the United Kingdom to be registered as a colonial practitioner in the medical register; provided he proves to the satisfaction of the registrar: (1) That the said diploma or diplomas was or were granted to him at a time when he was not domiciled in the United Kingdom, or in the course of a period of not less than five years during the whole of which he resided outside of the United Kingdom; or (2) That he was practising medicine or surgery or a branch of medicine or surgery in the United Kingdom on the prescribed day, and that he has continued practising the same either in the United Kingdom or elsewhere for not less than ten years immediately preceding the prescribed day (_ib._, s. 11). When a person shows to the satisfaction of the registrar of the general council that he holds some recognized foreign medical diploma or diplomas granted in a foreign country, to which this act applies, and that he is of good character, and is by law entitled to practise medicine, surgery, and midwifery in such foreign country, he shall on application to said registrar, and on payment of such fee, not exceeding £5, as the general council may determine, be entitled without examination in the United Kingdom to be registered as a foreign practitioner in the medical register; provided he proves to the satisfaction of the registrar: (1) That he is not a British subject; or (2) That, being a British subject, the said diploma or diplomas was or were granted to him at a time when he was not domiciled in the United Kingdom or in the course of a period of not less than five years, during the whole of which he resided out of the United Kingdom; or (3) That, being a British subject, he was practising medicine or surgery, or a branch of medicine or surgery in the United Kingdom on the prescribed day, and that he has continued practising the same in the United Kingdom or elsewhere, for not less than ten years immediately preceding the said prescribed day (_ib._, s. 12). The medical diploma granted in a British possession or foreign country to which this act applies, which is to be deemed requisite, shall be such a diploma as may be recognized by the general council as furnishing a sufficient guarantee of the possession of the requisite knowledge and skill for the efficient practice of medicine, surgery, and midwifery. When the general council have refused to recognize any such diploma, the privy council may, on appeal, after communicating with the general council, order the general council to recognize such diploma. If the refusal of the registration of a colonial or foreign practitioner be on any other ground, the registrar of the general council shall, if required, state in writing the reason for the refusal, and the person refused may appeal to the privy council, which, after communicating with the general council, may dismiss the appeal or order the general council to enter the name of the applicant on the register. A person may be registered both as a colonial and foreign practitioner (_ib._, s. 13). The medical register shall contain separate lists of the names and addresses of colonial and foreign practitioners, and the provisions of 21 and 22 Vict., c. 90, relating to persons registered and to the medical register, and to offences, shall apply in the case of colonial and foreign practitioners registered under this act so far as may be (_ib._, s. 14). Any registered practitioner on the list of colonial or foreign practitioners who is in possession of or obtains any recognized colonial or foreign medical diploma granted in a British possession or foreign country to which this act applies may cause a description of such diploma to be added to his name in the medical register (_ib._, s. 15). Any registered medical practitioner on the medical register by virtue of English, Scotch, or Irish qualifications, and in possession of a foreign degree in medicine, may cause a description of such foreign degree to be added to his name as an additional title in the medical register, provided he satisfy the general council that he obtained such degree after a proper examination and prior to the passage of this act (_ib._, s. 16). Her Majesty may from time to time, by order in the council, declare that this act be deemed to apply to any British possession or foreign country which in the opinion of Her Majesty affords the registered medical practitioners of the United Kingdom such privileges of practice in the said British possessions or foreign countries as to Her Majesty may seem just; and on and after the day named in such order such British possession or foreign country shall be deemed to be a British possession or foreign country to which this act applies. Her Majesty may also renew or revoke any such order, and upon such revocation such possession or foreign country shall cease to be a possession or country to which this act applies without prejudice to the right of any person whose name has already been entered on the register (_ib._, s. 17). Nothing in the Medical Act of 1858 shall prevent a person holding a medical diploma, entitling him to practise medicine or surgery in a British possession to which this act applies, from holding an appointment as a medical officer in any vessel registered in that possession (_ib._, s. 18). DEFAULT OF GENERAL COUNCIL.—In default of the general council to perform any duty, the privy council may notify their opinion to the general council, and on the failure of the general council to comply with any direction of the privy council, the privy council may themselves give effect to such direction, and for that purpose exercise any power vested in the general council, and of their own motion do anything which they are authorized to do in pursuance of a report or suggestion from the general council (_ib._, s. 19). SANITARY SCIENCE.—Every registered medical practitioner to whom a diploma for proficiency in sanitary science, public health or state medicine has after special examination been granted, by any college or faculty of physicians or surgeons or university in the United Kingdom, or by any such bodies acting in combination, shall, if such diploma appear to the privy council or general council to deserve recognition in the medical register, be entitled on the payment of such fee as the general council may appoint, to have such diploma entered in the said register in addition to any other diploma or diplomas in respect of which he is registered (_ib._, s. 21). EVIDENCE.—Any act of the privy council shall be sufficiently signified by an instrument signed by the clerk of the council, and every order and act signified by an instrument purporting to be signed by the clerk of the council shall be deemed to have been duly made and done by the privy council, and every instrument so signed shall be received in evidence without proof of the authority or signature of the clerk of the council or other proof (_ib._, s. 22). The following copies of any orders made in pursuance of medical acts or this act shall be evidence: (1) Any copy purporting to be printed by the Queen’s printer, or by any other printer in pursuance of an authority given by the general council. (2) Any copy of an order certified to be a true copy by the registrar of the general council, or by any other person appointed by the general council, either in addition to or in exclusion of the registrar, to certify such orders (_ib._, s. 23). RIGHTS UNAFFECTED.—This act does not vary the rights of persons practising as registered medical practitioners on the day preceding the day when it goes into effect (_ib._, s. 24). In consequence of the repeal of any enactment repealed by this act, no person legally entitled to practise as a medical practitioner in any colony or part of Her Majesty’s dominions other than the United Kingdom shall cease to be so entitled if he would have been entitled if no such repeal had taken place (_ib._, s. 25). DEFINITIONS.—In the act the word diploma means any diploma, degree, fellowship, membership, license, authority to practise, letters, testimonial, certificate or other status or document granted by any university, corporation, college, or other body or by any departments of or person acting under the authority of the government of any country or place within or without Her Majesty’s dominion (_ib._, s. 27). FEES.—The fees are to be determined by the general council within the limits set by the various sections authorizing fees. BRITISH COLUMBIA. MEDICAL COUNCIL.—There is a body styled “The Medical Council of British Columbia,” composed of seven members who are registered medical practitioners elected by the votes of registered medical practitioners (Cons. Acts 1888, c. 81, s. 2, 3, 4, 5). No person can lawfully vote at such election unless his fees to the council have been paid; and no person is eligible to election unless qualified to vote at such election (_ib._, s. 14). A register of such qualified voters is required to be prepared by the registrar of the council and no person is entitled to vote whose name is not on the register; it is the duty of the registrar to examine into the written complaint of any medical practitioner as to the improper omission or insertion of any name in the list; and appeal from his decision lies to a judge of the supreme court in a summary way, whose decision shall be final, and no unregistered person may vote (_ib._, s. 16, 17). REGISTER.—The council is required to appoint a registrar and to cause a register to be kept by him of the names of all persons who have complied with this act and with the rules and regulations made by the council respecting the qualifications of practitioners of medicine or surgery, and those persons only whose names are inscribed in the said register, are deemed qualified and licensed to practise medicine or surgery except as hereinafter provided (_ib._, s. 26). The registrar is required to keep his register correct, and to make the necessary alterations in the addresses and qualifications of registered persons (_ib._, s. 27). QUALIFICATION.—Every person at the passage of the act (1886) registered under the medical ordinance of 1867 is entitled to be registered under this act (_ib._, s. 28). The council is required to admit upon the register any person who shall procure from any college or school of medicine and surgery requiring a three-years’ course of study, a diploma of qualification, provided he furnish to the council satisfactory evidence of identity and pass before the members thereof a satisfactory examination touching his fitness and capability to practise as a physician and surgeon (_ib._, s. 29). The council is required to admit upon the register every person mentioned in 49 and 50 Vict., c. 48, of the Acts of Parliament of the United Kingdom, duly registered under the imperial Medical Act, prior to and inclusive of June 30th, 1887, upon complying with the orders, regulations or by-laws of the council and giving due proof of such registration, and that the person applying for registration has not lost the benefit of same by reason of misconduct or otherwise, and upon payment of the fees fixed by the council, not to exceed one hundred dollars (Act 1893, c. 27, s. 2). DUTIES OF COUNCIL.—The council is required to make orders, regulations, or by-laws for regulating the register and the fees to be paid for registration, and to make rules and regulations for the guidance of examiners, and may prescribe the subjects and modes of examination, and make all such rules and regulations in respect of examinations not contrary to this act as they deem expedient and necessary (Cons. Acts 1888, c. 81, s. 31). FORFEITURE OF RIGHT.—Any registered practitioner convicted of any felony thereby forfeits his right to registration and by direction of the council his name is required to be erased from the register, or in case a person known to have been convicted of felony presents himself for registration, the registrar has power to refuse such registration (_ib._, s. 32). RIGHTS OF REGISTERED PRACTITIONER.—Every person registered under the act is entitled to practise medicine and surgery, including midwifery, or any of them as the case may be, in British Columbia, and to demand and receive in any court of the province, with full costs of the suit, reasonable charges for professional aid, advice, and visits, and the costs of any medical or surgical appliances rendered or supplied by him to his patient (_ib._, s. 33). EVIDENCE.—The registrar of the council, under the direction of the council, is required to publish a correct register of the names and residences with the medical titles, diplomas, and qualifications conferred by any college or body, of all persons appearing on the register at the date of publication. Said register is called “The British Columbia Medical Register.” A copy of such register for the time being, purporting to be so printed and published, shall be _prima facie_ evidence that the persons therein specified are registered according to the provisions of this act; and, subject to sub. sec. 2 of this section, the absence of the name of any person from such copy shall be _prima facie_ evidence that such person is not registered according to this act (_ib._, s. 34). In the case of a person whose name does not appear in such copy, a certified copy under the hand of the registrar of the entry of the name of such person on the register shall be evidence that such person is registered under this act (_ib._, s. 34, sub. s. 2). HOMŒOPATHIC PHYSICIANS.—Any homœopathic physician holding a diploma of qualification from any authorized school or college requiring a three-years’ course of study may be registered, and shall not be bound to pass the examination required by sec. 29, but in lieu thereof, shall pass before the council, or such of them as may be appointed for that purpose, a satisfactory examination in anatomy, physiology, pathology, chemistry, obstetrics, and surgery (_ib._, s. 35, as amended, Act 1890, c. 30, s. 2). NEGLECT TO REGISTER.—Those entitled to register and neglecting to do so are not entitled to any of the rights and privileges conferred by registration and are liable to all penalties against unqualified or unregistered practitioners (_ib._, s. 37). FRAUDULENT REGISTRATION.—If a person procures or causes to be procured his registration by means of any false or fraudulent representation or declaration, the registrar may, on receipt of sufficient evidence to that effect, report the matter to the council and, on the written order of the president, attested by the seal of the council, erase the name of such person from the register and make known the fact and the cause thereof in the British Columbia _Gazette_, and after such notice has appeared such person shall cease to be a registered practitioner, and to enjoy any of the privileges conferred by registration, without the express sanction of the council (_ib._, s. 39). To wilfully procure or attempt to procure registration by false representations or declarations is punishable by a penalty not exceeding $100. To knowingly aid or assist therein is punishable with a penalty of from $20 to $50 for each offence (_ib._, s. 40). UNLAWFUL PRACTICES.—It is not lawful for any person not registered to practise medicine or surgery for hire, gain, or hope of reward. To so practise or profess to practise, or advertise to give advice in medicine or surgery, is punishable with a penalty of from $25 to $100 (_ib._, s. 41). For a person to wilfully or falsely pretend to be a physician, doctor, or medical, surgical, or general practitioner, or assume any title, address, or description other than he actually possesses and is legally entitled to, is punishable by a penalty of from $10 to $50 (_ib._, s. 42). A person not registered who takes or uses any name, title, addition, or description implying or calculated to lead people to infer that he is registered or recognized by law as a physician, surgeon, or licentiate in medicine or surgery is punishable with a penalty of from $25 to $100 (_ib._, s. 43). Costs may be awarded in addition to the penalty against an offender, and on default of payment he may be committed to the common jail for one month unless the costs are sooner paid (_ib._, s. 47). UNREGISTERED PERSONS.—No one but a person registered under this act is entitled to receive any charge for any medical or surgical advice or attendance or the performance of any operation or for any medicine that he may have prescribed (_ib._, s. 44). Appointments as medical officers, physicians, or surgeons in any branch of the public service, or in a hospital or a charitable institution not supported wholly by voluntary contribution, are conferred on registered persons only (_ib._, s. 45). No certificate required from any physician or surgeon or medical practitioner is valid unless the signer is registered (_ib._, s. 46). EVIDENCE.—In a prosecution, the burden of proving registration is upon the person charged (_ib._, s. 48). Registration may be proved by the production of a printed or other copy of the register certified under the hand of the registrar of the council for the time being, and any certificate on such copy purporting to be signed by any person as registrar is _prima facie_ evidence that he is registrar without further proof (_ib._, s. 49). LIMITATIONS.—Prosecutions under the act must be commenced within six months from the date of the offence (_ib._, s. 50). STAY.—The council may stay proceedings in prosecutions (_ib._, s. 51). PROSECUTOR.—Any person may be prosecutor or complainant under the act (_ib._, s. 52). FEES.—To the registrar, for registration under this act, such sum as may from time to time be fixed by the council by resolutions or by-law, but not exceeding $100 (_ib._, s. 36, as amended, Act 1893, c. 27, s. 1). To the medical council, on or before March 1st, annually, $10, or such other sum as may from time to time be fixed by the council (_ib._, s. 53, as amended, Act 1890, c. 30, s. 3). For registration, by persons registered under Act 1893, c. 27, s. 2, a fee fixed by the council not to exceed $100 (Act 1893, c. 27, s. 2). MANITOBA. COLLEGE OF PHYSICIANS AND SURGEONS.—The medical profession is incorporated as “The College of Physicians and Surgeons of Manitoba” (Rev. Stat. of Man., 1891, c. 98, s. 2). All persons lawfully registered under previous acts or the present act are members of the said college (_ib._, s. 3, 4). COUNCIL.—There is constituted by law a council of the said college composed of representatives selected as provided in the act, each of whom must be a practitioner licensed under this act (_ib._, s. 5 to 8). No member of the college who is in arrears for his annual fees or any part thereof is entitled to vote at the election for members of the council or be eligible for election as a member thereof (_ib._, s. 15). REGISTER.—The council is required to appoint a registrar and to cause a register to be kept in which shall be entered the name of every person registered under this act or under the Consolidated Statutes of Manitoba, chap. 9, and the acts amending the same, and of all persons who comply with this act, and the rules and regulations made by the council respecting the qualifications of practitioners of medicine, surgery, and midwifery. Only those whose names are inscribed in the book are deemed qualified and licensed to practise medicine, surgery, or midwifery (_ib._, s. 17, 24, 25). QUALIFICATION.—All persons duly registered under existing laws when the revised statutes took effect are deemed registered under the present law (_ib._, s. 27). The registrar was required immediately upon his appointment to register the name of every person registered under previous acts (_ib._, s. 28). Every person who possesses one or more of the following qualifications shall, upon the payment of the fee, to be fixed for each particular class by by-law of the council, be entitled to be registered on the production to the registrar of the document proving such qualification: