Medical Jurisprudence, Forensic medicine and Toxicology. Vol. 1 by R. A. Witthaus et al.

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

12625 words  |  Chapter 27

corporate seal of the University of Manitoba hereinafter provided for (_ib._, s. 29). The registrar is required to keep his register correct, and to make from time to time the necessary alterations in the addresses or qualifications of the persons registered (_ib._, s. 30). Every person registered who obtains a higher degree or other qualification is entitled to have it inserted in the register in substitution of or in addition to the qualification previously registered, on the payment of such fees as the council may appoint (_ib._, s. 34). No qualification is entitled to be entered on the register unless the registrar be satisfied by proper evidence that the person claiming it is entitled thereto. Appeal lies from the registrar’s decision to the council (_ib._, s. 35). The registrar, if dissatisfied with the evidence adduced, may, subject to appeal to the council, refuse registration until proper evidence is furnished, duly attested by oath or affirmation before a judge of any county court (_ib._, s. 36). FRAUDULENT REGISTRATION.—Any entry proved to the satisfaction of the council to have been fraudulently or incorrectly made may be erased from the register by order in writing of the council (_ib._, s. 38). If a person procures or causes to be procured his registration by false or fraudulent representations or declarations, the registrar may, on the receipt of sufficient evidence of the falsity or fraudulent character, represent the matter to the council, and may on the written order of the president, attested by the seal of the college, erase his name from the register, and cause notice of the fact and cause to be published in the Manitoba _Gazette_, and after such notice has appeared such person shall cease to be a member of the College of Physicians and Surgeons, and to enjoy any privilege enjoyed or conferred by registration at any further time without the express sanction of the council (_ib._, s. 39). FORFEITURE OF RIGHTS.—Any registered medical practitioner convicted of felony or misdemeanor before or after the passage of the act or his registration forfeits his right to registration, and by direction of the council his name shall be erased. If a person known to have been convicted of felony or misdemeanor presents himself for registration, the registrar may refuse registration. If any person registered be judged, after due inquiry by the council, to have been guilty of infamous or unprofessional conduct in any respect, the council may direct the registrar to erase his name (_ib._, s. 40). The council may, and upon the application of any three registered medical practitioners shall, cause inquiry to be made into the case of a person liable to have his name erased from the register, and on proof of such conviction or such infamous or unprofessional conduct shall cause his name to be erased; but no erasure shall be made on account of his adopting or refraining from adopting the practice of any particular theory of medicine or surgery, nor on account of conviction for a political offence out of Her Majesty’s dominions, nor on account of the conviction which ought not in the opinion of the council or committee disqualify him from the practice of medicine or surgery (_ib._, s. 41). The council may order to be paid, out of funds at their disposal, such costs as to them may seem just, to any person against whom any complaint has been made which, when fully determined, is found to have been frivolous and vexatious (_ib._, s. 42). An entry erased by order of the council shall not be again entered except by order of the council or a judge or court of competent jurisdiction (_ib._, s. 43). If the council think fit, they may direct the registrar to restore any entry erased, without a fee, or on payment of a fee not exceeding the registration fee, as the council may fix (_ib._, s. 44). The council is authorized to ascertain the facts of any case for the exercise of its powers of erasing and restoring by committee (_ib._, s. 45). The act provides in detail for proceedings before such committee (_ib._, s. 46 to 50). No action shall be brought against the council or committee for anything done _bona fide_ under the act. Appeal from the decision to erase lies to any judge of the court of Queen’s Bench for Manitoba, and such judge may make such order as to restoration or confirmation of erasure or for further inquiry, and as to costs, as to him may seem right (_ib._, s. 51). EVIDENCE.—In a trial under this act the burden of proof as to registration is on the person charged (_ib._, s. 53). The production of a certificate that the person named is duly registered, certified under the hand of the registrar, is sufficient evidence of registration, and his signature in the capacity of registrar is _prima facie_ evidence that he is registrar without proof of signature or that he is registrar (_ib._, s. 54). The registrar is required to print and publish from time to time under the direction of the council a correct register of the names and residences, with medical titles, diplomas, and qualifications conferred by any college or body, with the date thereof, of all persons appearing on the register as existing on the day of publication (_ib._, s. 55). The register is called “The Manitoba Medical Register;” a copy thereof for the time being purporting to be so printed and published is _prima facie_ evidence that the persons specified are registered (_ib._, s. 56). In the case of any person whose name does not appear in such copy, a certified copy under the hand of the registrar of the council of the entry of the name of such person on the register is evidence that such person is registered (_ib._, s. 57). The absence of the name of any person from such copy is _prima facie_ evidence that he is not registered (_ib._, s. 58). PRACTITIONER’S RIGHTS.—Every person registered is entitled according to his qualifications to practise medicine, surgery, or midwifery, or any of them as the case may be, and to demand and recover full costs of suit, reasonable charges for professional aid, advice, and visits, and the cost of any medicine or other medical appliances rendered or supplied by him to his patient (_ib._, s. 59). NEGLECT TO REGISTER.—A person neglecting to register is not entitled to the rights and privileges conferred, and is liable to all penalties against unqualified or unregistered practitioners (_ib._, s. 60). UNREGISTERED PERSONS.—It is not lawful for any person not registered to practise medicine, surgery, or midwifery for hire, gain, or hope of reward (_ib._, s. 61). No person is entitled to receive any charge for medical or surgical advice or attendance, or the performance of any operation, or for any medicine which he may have prescribed or supplied, unless he be registered, but this provision does not extend to the sale of any drug or medicine by a licensed chemist or druggist (_ib._, s. 62). No person can be appointed as a medical officer, physician, or surgeon in the public service, or in any hospital or other charitable institution not supported wholly by voluntary contribution, unless he be registered (_ib._, s. 63). No certificate required from any physician or surgeon or medical practitioner is valid unless the signer be registered (_ib._, s. 64). DEFINITION.—The expression “legally qualified medical practitioner,” or any other words importing legal recognition as a medical practitioner or member of the medical profession, in any law, is construed to mean a person registered under this act (_ib._, s. 65). IMMUNITIES.—A person registered under this act is exempt from jury and inquest duty if he desire it (_ib._, s. 66). LIMITATIONS.—No duly registered member of the College of Physicians and Surgeons is liable in an action for negligence or malpractice by reason of professional services requested or rendered, unless it be commenced within one year from the termination of such service (_ib._, s. 67). EXAMINATIONS.—The University of Manitoba is the sole examining body in medicine, and the council of the university may grant to any person a certificate under the seal of the university that the council of the university have been satisfied that the person mentioned in the certificate is, by way of medical education and otherwise, a proper person to be registered under this act; but such certificate shall not be granted until the person making such application shall have given evidence of qualification by undergoing an examination or otherwise, as the statutes of the university require, and the applicant shall in all other respects first comply with the rules and regulations of the university in that behalf (_ib._, s. 68). HOMŒOPATHISTS.—Until a homœopathic medical college for teaching purposes is established in Manitoba, in the case of candidates wishing to be registered as homœopathists, the full time of attendance upon lectures and hospitals required by the university statutes may be spent in such homœopathic medical colleges in the United States or Europe as may be recognized by the University of Manitoba (_ib._, s. 69). Every candidate who at the time of his examination signifies his wish to be registered as a homœopathic practitioner shall not be required to pass an examination in materia medica or therapeutics, or theory or practice of physic, or in surgery or midwifery, except the operative practical parts thereof, before any examiners other than those homœopathic examiners who shall be appointed by the University of Manitoba (_ib._, s. 70). UNLAWFUL PRACTICES.—To wilfully procure or attempt to procure registration by false or fraudulent representation or declaration, is punishable by a penalty not exceeding $100. To knowingly aid or assist therein, is punishable by a penalty of from $20 to $50 for each offence (_ib._, s. 73). Persons not registered, for hire, gain, or the hope of reward, practising or professing to practise medicine, surgery, or midwifery, or advertising to give advice in medicine, surgery, or midwifery, are liable to a penalty of from $25 to $100 (_ib._, s. 74). A person wilfully or falsely pretending to be a physician, doctor of medicine, surgeon, or general practitioner, or assuming a title, addition, or description other than he actually possesses and is legally entitled to, is liable to a penalty of from $10 to $50 (_ib._, s. 75). For a person to assume a title calculated to lead people to infer that he is registered, or is recognized by law as a physician, surgeon, or accoucheur or a licentiate in medicine, surgery, or midwifery, is punishable with a penalty of from $25 to $100 (_ib._, s. 76). On prosecution, costs may be awarded in addition to the penalty, and the offender may be committed to the common jail for one month, unless the penalty and costs are sooner paid (_ib._, s. 78). PROSECUTOR.—Any person may be prosecutor or complainant under the act (_ib._, s. 80). LIMITATIONS.—Prosecutions are limited to commence within six months after the date of the offence (_ib._, s. 81). APPEAL.—A person convicted under this act, giving notice of appeal, must before being released give satisfactory security for the penalty and costs of conviction and appeal (_ib._, s. 82). STAY.—The council may stay proceedings in prosecutions (_ib._, s. 84). FEES.—The council is authorized to determine by by-law an annual fee, which is required to be paid by each member of the college—the fee can be not less than $2, nor more than $5, is payable on January 1st, and may be recovered as a debt by the college (_ib._, s. 32). The fee for registration is subject to regulation by the council (_ib._, s. 33). NEW BRUNSWICK. MEDICAL SOCIETY.—All persons registered under the act constitute the New Brunswick Medical Society (Act 1881, c. 19, s. 2). COUNCIL.—There is a medical council called the Council of Physicians and Surgeons of New Brunswick, of nine legally qualified medical practitioners, of not less than seven years’ standing; four are nominated and appointed by the governor in council, and five by the New Brunswick Medical Society (_ib._, s. 3, 5). The secretary of the council is the registrar (_ib._, s. 7). REGISTER, EVIDENCE.—The registrar is required before May 1st annually to print and publish in the _Royal Gazette_ of the province, and such other manner as the council shall appoint, a correct register of the names and residences and medical titles, diplomas, and qualifications conferred by any college or body, with the dates thereof, of all persons appearing on the register on the 1st of January. The register is called the Medical Register; a copy for the time being purporting to be so printed and published, or a certificate signed by the president of the council, and attested by the registrar with the corporate seal of the council, is _prima facie_ evidence that the persons therein specified are registered and qualified; the absence of a name from such copy or the want of such certificate is _prima facie_ evidence that such person is not registered. If a name does not appear on the copy, a certified copy, under the hand of the registrar of the council, of the entry of a name on the register is evidence of registration (_ib._, s. 8). ENTRANCE UPON STUDY.—A person beginning or entering on the study of physic, surgery, or midwifery, for the purpose of qualifying to practise in the province, must have obtained from the council a certificate that he has satisfactorily passed a matriculation or preliminary examination in the subjects enumerated in the act, unless he has passed a matriculation examination for the medical course in arts and science at some college in Great Britain, Ireland, Canada, the United States of America, or the Continent of Europe (_ib._, s. 10). The act prescribes formalities for admission to such preliminary examination (_ib._, s. 10). QUALIFICATION.—Subject to the exceptions hereinafter, no person can lawfully practise physic, surgery, or midwifery unless he be registered, or unless he shall have received from the council a license to practise (_ib._, s. 11). No person is entitled to registration or license unless he shall satisfy the council that he has passed a matriculation or preliminary examination; that after passing such examination he has followed his studies for not less than four years, one of which may be under the direction of one or more general practitioners duly licensed; that during such four years he has attended at some university, college, or incorporated school of medicine in good standing, courses of lectures amounting together to not less than twelve months on general anatomy, on practical anatomy, on surgery, on practice of medicine, on midwifery, on chemistry, on materia medica and pharmacy, and on the institutes of medicine or physic, and one three-months’ course of medical jurisprudence; that he has attended the general practice of an hospital in which are not less than fifty beds under the charge of not less than two physicians or surgeons, for not less than one year or two periods of not less than six months each; that he has also attended two three-months’ courses or one six-months’ course of clinical medicine, the same of clinical surgery; that he has, after an examination in the subjects of the course, obtained a degree or diploma from such university, college, or incorporated medical school if such institution require a four-years’ course for its diploma, or for the want of such degree or diploma that he has satisfactorily passed an examination in the various branches hereinbefore specified before the examiners appointed by the council; that he is not less than twenty-one years of age; that he has paid to the registrar of the council a fee of ten dollars. The council has power, subject to the approval of the governor in council, to make alterations as may be required in the foregoing curriculum. If any person apply for registration as a practitioner of any system of medicine, the registered practitioners of that system have the right to appoint an examiner or examiners on the subjects peculiar to that system, viz., materia medica, pharmacy, and therapeutics, and if they neglect so to do the council has the power to appoint such examiner or examiners (_ib._, s. 12). The last preceding section does not apply to persons in actual practice entitled to register under sec. 38. Any person producing to the council conclusive evidence that he has passed a matriculation or a preliminary examination, as required by this act for persons beginning medical studies in New Brunswick, that he has before graduating or taking a diploma studied at least four years as provided in sec. 12, or pursued what the council deem an equivalent course of study and has passed a final examination in the subjects of such course, or, for the want of such requirement, shall have fulfilled such conditions as the council may determine, and shall pay a fee of ten dollars, shall be entitled to registration and to receive a license to practise (_ib._, s. 13). The act makes special provision for residents of the province who began study before January 1st, 1881 (_ib._, s. 14, as amended 1882, c. 30, s. 1). DUTIES OF COUNCIL.—The council is empowered and required to regulate the study of medicine, surgery, and midwifery, with regard to preliminary qualifications, course of study, final examination, and the evidence to be produced before the council; to appoint a registration committee; to examine all degrees, diplomas, licenses, and other credentials presented or given in evidence under the act to enable the owner to practise in New Brunswick, and to oblige the owner to attest on oath or affirmation that he is the person whose name is mentioned therein, and that he became possessed thereof properly and honestly; to cause every member of the profession practising in New Brunswick to register his name, age, place of residence, place of nativity, date of license or diploma, and the place where he obtained it; to appoint medical examiners, who may be members of the council, to hold final examinations, who shall be regularly qualified practitioners of not less than five years’ professional standing and three years’ residence in the province (_ib._, s. 15, as amended 1882, c. 30, s. 2, 3). CORRECTION OF REGISTER.—The registrar is required to erase the names of all registered persons who shall have died, left the province without the intention of returning, or ceased to practise for five years; and from time to time to make the necessary alterations in the addresses or qualifications of registered persons. Any name erased shall be restored by the order of the council on sufficient cause duly shown (_ib._, s. 18). NEGLECT TO REGISTER.—Persons entitled to registration, neglecting or omitting to register, are not entitled to any rights or privileges conferred by the act (_ib._, s. 19). SYSTEM OF PRACTICE.—No person otherwise qualified shall be refused registration or license on account of the adoption or the refusal to adopt the practice of any particular theory of medicine or surgery. In case of refusal the aggrieved party may appeal to the governor in council, who is required, on due cause shown, to issue an order to the council to register his name and grant him a license to practise, and thereupon the council shall forthwith register his name and grant him a license to practise (_ib._, s. 20). EVIDENCE OF QUALIFICATION, FRAUDULENT REGISTRATION.—No qualification can be entered unless the registrar be satisfied by proper evidence that the person claiming it is entitled to it. An appeal may be made from the registrar’s decision to the council. Any entry proved to the satisfaction of the council to have been fraudulently or incorrectly made may be erased by the order in writing of the council, and the name of such person fraudulently registering, or attempting to register, may, at the discretion of the council, be published in the next issue of the _Royal Gazette_ (_ib._, s. 21). FORFEITURE OF RIGHT.—A registered medical practitioner convicted of felony, or after due inquiry judged by the council to have been guilty of infamous conduct in any professional respect thereby, subject to appeal to the governor in council, forfeits his right to registration, and by the direction of the council his name shall be erased from the register (_ib._, s. 22). The time and place of inquiry under the preceding section must be fixed by the council, and at least fourteen days’ notice given to the party against whom inquiry is ordered (Act 1886, c. 82, s. 6). The Act of 1886, c. 82, regulates the procedure on such inquiry. ADDITIONAL QUALIFICATIONS.—Every person registered who may obtain a higher degree or other qualification is entitled to have it registered in substitution for, or in addition to, the qualifications previously registered, on the payment of such fee as the council may demand (Act 1881, c. 19, s. 23). PRACTITIONER’S RIGHTS.—Every person registered under the act is entitled according to his qualifications to practise medicine, surgery, midwifery, or dentistry, or either or any of them as the case may be, and to demand and recover reasonable and customary charges for professional aid, advice, and visits, and the cost of any medicine or other medical or surgical appliances rendered or supplied by him to his patients (_ib._, s. 24). No person is entitled to recover any such charge unless he shall prove upon the trial that he is registered under this act (_ib._, s. 25). DEFINITION.—The words “legally qualified medical practitioner,” or “duly qualified medical practitioner,” or other words implying that a person is recognized by law as a medical practitioner or member of the medical profession, when used in a legislative act or a legal or public document mean a person registered under this act (_ib._, s. 26). UNREGISTERED PERSONS.—No person shall be appointed a medical officer, physician, or surgeon in the public service or in any hospital or other charitable institution unless registered (_ib._, s. 27). No certificate required from any physician or surgeon or medical practitioner is valid unless the signer be duly registered (_ib._, s. 28). A person not registered or licensed, and not actually employed as a physician or surgeon in Her Majesty’s naval or military service, practising physic, surgery, or midwifery for hire, gain, or hope of reward, forfeits twenty dollars for each day of such practice (_ib._, s. 29). The sum forfeited is recoverable with costs. The procedure in reference to all penalties is regulated by Act of 1886, c. 82. Persons liable as provided in secs. 29 and 30 are not entitled to or subject to the provisions of any act for the relief of debtors (Act 1882, c. 30, s. 4). On the trial of such cause, the burden of proof as to license or right to practise is upon the defendant (Act 1881, c. 19, s. 31; Act 1886, c. 82, s. 3). FRAUDULENT REGISTRATION.—Wilfully procuring or attempting to procure registration by making or producing, or causing to be made or produced, a false or fraudulent representation or declaration, or aiding or assisting therein, is punishable with a forfeiture of not less than $100 (Act 1881, c. 19, s. 33). Wilfully or falsely pretending to be or using any name or description implying registration is punishable with a forfeiture of from $50 to $100 (_ib._, s. 34). LIMITATIONS.—No prosecution can be commenced under the act after one year from the date of the offence (Act 1886, c. 82, s. 4). EXCEPTIONS.—The act does not prevent persons from giving the necessary medical or surgical aid or attendance to any one in urgent need of it, provided it be without gain, and the giving of it be not made a business or way of gaining a livelihood; nor does it prevent any woman from giving the necessary aid in cases of confinement as heretofore accustomed (Act 1881, c. 19, s. 36). EXAMINATION.—All persons who subsequent to the passage of the act pass the examination prescribed by the council of physicians and surgeons, or presenting approved credentials, certificates, or diplomas equivalent to such examination, are entitled to register and receive a license to practise (_ib._, s. 38). PHYSICIANS IN ARMY OR NAVY.—A person while employed in actual service in Her Majesty’s naval or military service as a physician or surgeon, may practise physic, surgery, or midwifery with registry or license (_ib._, s. 39). NON-RESIDENTS.—Non-resident registered practitioners of medicine residing in the State of Maine or in the Province of Quebec or Nova Scotia near the boundary line of this province whose regular practice extends into any town, parish, or county in New Brunswick may register under the act (_ib._, s. 44). No other non-resident practitioner of medicine is entitled to register (Act 1884, c. 17, s. 1). EXCEPTIONS.—The act does not extend to clairvoyant physicians practising at the time of its passage in the province, nor to midwives (Act 1881, c. 19, s. 45). STUDENTS.—The act establishes a uniform standard of matriculation or preliminary examinations (_ib._, Sched. B). OATHS.—Any oath or affidavit required by the medical act may be taken before any justice of the peace or person by law authorized to take any oath or affidavit (Act 1882, c. 30, s. 6). FEES.—To the registrar, for registration under secs. 12 and 13, $10 (Act 1881, c. 19, s. 12 and 13). To the registrar, for the registration of an additional qualification, such fee as the council may demand (Act 1881, c. 19, s. 23). To the registrar, or his deputy, annual fee from each practitioner, to be fixed by the council, not more than $2 nor less than $1 (Act 1882, c. 30, s. 5). Each registered medical practitioner must, if required by the council, pay to the registrar, or a person deputed by him, an annual fee determined by the council, not less than $1 nor more than $2, payable January 1st each year, and recoverable as a debt with costs in the name of the council (Act 1882, c. 30, s. 5). If any practitioner omit to pay the registration fee before the registrar causes the register to be printed in the _Royal Gazette_, the registrar shall not cause the name of such practitioner to be printed, and he shall thereupon cease to be deemed a registered practitioner; but afterward, on paying such fee, he shall be entitled to all his rights and privileges as a registered practitioner from the time of payment (Act 1884, c. 17, s. 2). NEWFOUNDLAND. MEDICAL BOARD.—There is a board composed of seven regularly qualified medical practitioners of not less than five years’ standing, appointed as provided in the act, and known as the “Newfoundland Medical Board,” whose duties relate, among other things, to the making and enforcing of measures necessary for the regulation and the practice of medicine (Act 1893, c. 12, s. 2, 3, 19). The board is authorized to appoint examiners and fix times of examinations (_ib._, s. 5). The secretary of the board is the registrar (_ib._, s. 7). REGISTER, EVIDENCE.—It is the duty of the registrar on or before January 1st in each year to cause to be published in the _Royal Gazette_ of Newfoundland a list of the names of all persons appearing on the register at that date, with their places of residence, titles, diplomas, and qualifications as conferred by any college or body, with the date (_ib._, s. 8). Such register is called the Medical Register, and a copy thereof is _prima facie_ evidence that the persons therein specified are registered according to the act; and the absence of a name therefrom is _prima facie_ evidence that such person is not so registered (_ib._, s. 9). QUALIFICATION.—The members of the board form a body of medical examiners of diplomas and degrees, whose certificate shall be the only license permitting the practice of medicine, surgery, or midwifery, except as hereinafter provided, provided the applicant for such license shall previously have obtained a medical diploma from a recognized college or university, or as hereinafter provided (_ib._, s. 10.) Every person is entitled to have his name entered on the register on satisfying the board that he holds a degree or diploma from some regular university or school of medicine in good standing, and he shall then receive from the board a license bearing its seal, on the payment to the registrar of $5, and shall have his name entered on the register (_ib._, s. 11). No such licensed practitioner shall be entitled to practise in any year without taking out from the board, before the 1st of January in every year, a certificate of practice for which he shall pay $1 (_ib._, s. 12). STUDENTS.—The act provides the requirements for entering on the study of medicine, surgery, or midwifery in the colony (_ib._, s. 13, 14, 17). DUTIES OF BOARD.—The board is required to examine all degrees and other credentials produced or given in evidence under the act for the purpose of enabling the owners to practise, and, if it be deemed necessary, to oblige the owner to attest on oath or affidavit that he is the person whose name is mentioned therein, and that he has become possessed of the same by lawful means (_ib._, s. 16). The board is required to cause every member of the profession practising in Newfoundland to enter his name, age, place of residence, date of license or diploma and where it was obtained, on the register (_ib._, s. 18). NEGLECT TO REGISTER.—A person entitled to be registered, who neglects or omits to apply, is not entitled to any of the rights or privileges conferred by the act so long as the neglect or omission continues (_ib._, s. 25). ADDITIONAL QUALIFICATION.—A person registered who obtains a higher degree or diploma is entitled to have it inserted in the register in addition to or in substitution for those previously registered (_ib._, s. 26). RIGHTS OF REGISTERED PERSONS.—A person properly registered under the act is entitled to practise medicine, surgery, and midwifery in any part of the colony, and to demand and recover reasonable charges for professional aid or advice with the cost of medicine or other medical and surgical appliance supplied by him (_ib._, s. 27). UNREGISTERED PERSONS.—No person whose name is not registered under the act is entitled to recover any fees for any medical or surgical advice, or for any services whatsoever rendered in the capacity of a medical man, nor to recover the payment of charges for any medicine or medical or surgical appliance which may have been both prescribed and supplied by him. This clause is not intended to interfere with the practice of midwifery by competent females as hereinafter provided (_ib._, s. 28). OFFENCES AND PENALTIES.—Except as hereinafter provided, if a person not registered or licensed under the act practises medicine, surgery, or midwifery for hire, gain, help [_sic_] or reward, or wilfully and falsely pretends to be a physician, doctor of medicine, surgeon, or general practitioner, or takes or uses any name, title, addition [or] description, implying or calculating [_sic_] to deceive or lead the public to infer that he is registered under this act, or who proposes by public advertisement, card, circular, or otherwise, to practise medicine, surgery, or midwifery, or give advice therein, or in anywise lead people to infer that he is qualified to practise medicine, surgery, or midwifery, he shall forfeit $20 for each day that he so practises or leads people to infer that he is a practitioner, or shall suffer imprisonment not exceeding twelve months (_ib._, s. 29). Persons violating the above regulations are subject to the penalties of the act, and in all cases the burden of proof as to qualification is upon the defendant or practitioner (_ib._, s. 30). EXPULSION OF MEMBER.—The Newfoundland Medical Board may try and expel any member of the profession for acts of malpractice, misconduct, or immoral habits, provided five-sevenths of the whole number record their signatures to such a measure (_ib._, s. 32). EXCEPTIONS.—The act does not prevent private persons from giving the necessary medical or surgical aid in times of urgent need, provided such aid or attention is not given for gain or hire, nor the giving of it made a business or a way of gaining a livelihood (_ib._, s. 34). Every person residing in the colony and who shall have practised medicine, surgery, and midwifery for five years consecutively in one locality previous to the passage of the act, on the proof of the same, shall have his name registered and receive a license to practise under the act; provided, the board may grant a license to any person who may have practised for a shorter period, on being satisfied by examination, or inquiry, that such person is reasonably competent and fit; and further provided, that the board may, after examination and inquiry, license persons with a reasonable amount of competence to practise in specified localities, in which no qualified practitioners reside (_ib._, s. 37). Any person while employed in actual service in any naval or military service as physician or surgeon may practise medicine, surgery, and midwifery after having been registered (_ib._, s. 38). DEFINITION.—The words “legally qualified medical practitioner” or “duly qualified medical practitioner,” or any other words importing a person recognized by law as a medical practitioner or a member of the medical profession, when used in any act of the legislature or legal or public document, mean a person registered under this chapter, unless as otherwise provided (_ib._, s. 39). MEDICAL APPOINTMENTS.—No person shall be appointed as a medical officer, physician, or surgeon in any branch of the public service or any hospital or other charitable institution unless he be registered under the provisions of this chapter (_ib._, s. 40). THEORIES OF MEDICINE OR SURGERY.—No person otherwise fully qualified shall be refused registration, or a license to practise, on account of his adopting or refusing to adopt the practice of any particular theory of medicine or surgery. In case of such refusal by the board, the party aggrieved may appeal to the governor in council, who, on due cause shown, shall issue an order to the board to register the name of such person and grant him a license (_ib._, s. 41). MIDWIVES.—The act does not prevent competent females from practising midwifery (_ib._, s. 42). FEES.—To the registrar, for license, $5 (_ib._, s. 11). To the board, each year, for a certificate of practice, $1 (_ib._, s. 12). NORTHWEST TERRITORIES. COLLEGE OF PHYSICIANS AND SURGEONS.—The members of the medical profession are a body corporate under the name of “The College of Physicians and Surgeons of the Northwest Territories” (Ord. 5 of 1888, s. 2). Every person registered according to Ordinance 11 of 1885 is a member of the said college and shall be held to be registered under this ordinance from the date of its passage (_ib._, s. 3, as amended Ord. 9 of 1891-92). Every person registered under this law is a member of the college (_ib._, s. 4). COUNCIL.—There is a council of said college elected by the members from the members registered in pursuance of this ordinance (_ib._, s. 5, 6, 7). The council appoints among other officers a registrar (_ib._, s. 26). REGISTER, QUALIFICATION.—Persons registered under Ordinance 11 of 1885 are entitled to register under this ordinance (_ib._, s. 31). The council is required to cause the registrar to keep a register of the names of all persons who have complied with this ordinance, and the rules and regulations of the council respecting the qualifications required from practitioners of medicine or surgery. Only those persons whose names are inscribed in the register are deemed qualified and licensed to practise medicine or surgery, except as hereinafter provided (_ib._, s. 32). The registrar is required to keep his register correct and to make the necessary alterations in the addresses or qualifications of persons registered (_ib._, s. 33). The council is required to admit on the register: (_a_) Any person possessing a diploma from any college in Great Britain and Ireland (having power to grant such diploma) entitling him to practise medicine and surgery, and who shall produce such diploma and furnish satisfactory evidence of identification; (_b_) any member of the College of Physicians and Surgeons of the Provinces of Manitoba, Ontario and Quebec upon producing satisfactory evidence of the same and of identification; (_c_) any person who shall produce from any college or school of medicine and surgery in the Dominion of Canada requiring a four-years’ course of study _and_ (_sic_) a diploma of qualification; provided he furnish to the council satisfactory evidence of identification, and pass if deemed necessary, before the members thereof, or such examiners as may be appointed for the purpose, a satisfactory examination touching his fitness and capacity to practise as a physician and surgeon, upon payment to the registrar of fifty dollars (_ib._, s. 34, as substituted by Ord. 14, 1890, amended by Ord. 9, 1891-92). POWERS OF COUNCIL.—The members of the council are required to make orders, regulations, or by-laws for the regulation of the register and the guidance of examiners, and may prescribe subjects and modes of examination, and may make all regulations in respect of examinations, not contrary to the ordinance, that they may deem expedient and necessary (_ib._, s. 36). The council may by by-law delegate to the registrar power to admit to practice and to register any person having the necessary qualifications entitling him to be registered by the council (Ord. 24, 1892, s. 4). The council may direct the name of any person improperly registered to be erased from the register and such name shall be erased by the registrar (Ord. 24, 1892, s. 5). FORFEITURE OF RIGHTS.—If a medical practitioner be convicted of any felony or misdemeanor or after due inquiry be judged by the council to have been guilty of infamous conduct in any professional respect, the council may, if it sees fit, direct the registrar to erase the name of such practitioner from the register, and the name shall be erased (Ord. 5, 1888, s. 37, as substituted by Ord. 24, 1892, s. 1). RIGHTS OF REGISTERED PERSONS.—Every person registered under the ordinance is entitled to practise medicine and surgery, including midwifery, or any one of them, as the case may be, and to demand and recover with costs his reasonable charges for professional aid, advice, and visits, and the cost of medical or surgical appliances rendered or supplied by him to his patients (_ib._, s. 38). LIMITATION.—A period of one year after the term of professional service is established as a limitation to actions for negligence or malpractice against members of the college (_ib._, s. 39). REGISTER, EVIDENCE.—The registrar, under the direction of the council, is required to publish a register of the names and residences and the medical titles, diplomas, and qualifications conferred by any college or body, of all persons appearing on the register on the day of publication. The register is called “Northwest Territories’ Medical Register,” and a copy for the time being, purporting to be so printed and published, is _prima facie_ evidence that the persons therein specified are registered according to the act. The absence of a name from such copy is _prima facie_ evidence that such person is not so registered. In case a person’s name does not appear on such copy, a certified copy under the hand of the registrar of the entry of the name of such person on the register is evidence that such person is registered (_ib._, s. 40). NEGLECT TO REGISTER.—A person neglecting to register is not entitled to the rights or privileges conferred and is liable to all penalties against unqualified or unregistered practitioners (_ib._, s. 4). OFFENCES AND PENALTIES.—To practise or profess to practise without registration, for hire or reward, is punishable with a penalty of $100 (_ib._, s. 42). To wilfully or falsely pretend to be a physician, doctor of medicine, surgeon, or general practitioner, or assume any title or description not actually possessed and to which the person is not legally entitled under this ordinance, is punishable with a penalty of from $10 to $50 (_ib._, s. 43, as amended by Ord. 24, 1892, s. 2). To take or use a name or description implying or calculated to lead people to infer registration or recognition by law as a physician, surgeon, or licentiate in medicine or surgery is punishable with a penalty of from $25 to $100 (_ib._, s. 44). UNREGISTERED PERSONS.—No person is entitled to recover for any medical or surgical advice or attendance or the performance of any operation or medicine which he may have prescribed (_ib._, s. 45); nor to be appointed as medical officer, physician, or surgeon in any branch of the public service or in any hospital or other charitable institution not supported wholly by voluntary contributions, unless registered (_ib._, s. 46). No certificate required from a physician or surgeon or medical practitioner is valid unless the signer is registered (_ib._, s. 47). COSTS.—In prosecutions, payment of costs may be awarded in addition to the penalty, and in default of payment the offender may be committed to the common jail for not more than one month (_ib._, s. 48). BURDEN OF PROOF.—In prosecutions, the burden of proof as to registration is upon the person charged (_ib._, s. 49). PROOF.—The production of a printed or other copy of the register, certified under the hand of the registrar, for the time being is sufficient evidence of all persons [registered]; a certificate on such copy purporting to be signed by any person in the capacity of registrar of the council under this ordinance is _prima facie_ evidence that he is registered without proof of his signature or of his being in fact registrar (_ib._, s. 50). LIMITATION OF PROSECUTIONS.—Prosecutions must be commenced within six months from the date of the offence (_ib._, s. 51). STAY.—The council may stay proceedings in prosecutions where deemed expedient (_ib._, s. 52). PROSECUTOR.—Any person may be prosecutor or complainant (_ib._, s. 53). DEFINITION.—“Legally qualified medical practitioner” or “duly qualified medical practitioner,” or any other words implying legal recognition as a medical practitioner or member of the medical profession, when used in any law or ordinance, mean a person registered under this ordinance (_ib._, s. 55). HOMŒOPATHISTS.—Homœopathic physicians may be registered under this ordinance on complying with the terms of sec. 34 (_ib._, s. 58). FEES.—To the council from each member annually as the council may determine, not more than $2 and not less than $1 (_ib._, s. 35). To the registrar, for registration, $50 (_ib._, s. 56, as substituted by Ord. 24, 1892, s. 3). NOVA SCOTIA. MEDICAL BOARD.—There is a provincial medical board consisting of thirteen regular qualified medical practitioners of not less than seven years’ standing, seven nominated and appointed by the governor in council, and six by the Nova Scotia Medical Society (R. S., 5th ser., c. 24, s. 1). The board appoints a secretary who is the registrar of the board (_ib._, s. 3, 4). REGISTER, EVIDENCE.—The registrar is required before the 1st of August each year to cause to be printed and published in the _Royal Gazette_ of the province, and in such other manner as the board shall appoint, a correct register of the names and residences and medical titles, diplomas, and qualifications conferred by any college or body, with the dates thereof of all persons appearing on the register as existing on June 30th. Such register is called “The Medical Register,” and a copy thereof for the time being, purporting to be so printed and published, is _prima facie_ evidence that the persons specified are registered according to this chapter. The absence of a name from such copy is _prima facie_ evidence that such person is not so registered. In the case of a person whose name does not appear in such copy, a certified copy, under the hand of the registrar, of the entry of his name on the register is evidence that such person is registered under the provisions of this chapter (_ib._, s. 5). STUDENTS.—No person can begin or enter on the study of physic, surgery, or midwifery, for the purpose of qualifying himself to practise in the province, unless he shall have obtained from the provincial medical board a certificate that he has satisfactorily passed a matriculation examination in the subjects specified in the chapter (_ib._, s. 6). The chapter prescribes the prerequisites to admission to preliminary examinations (_ib._, s. 7, 12). QUALIFICATION.—Subject to the exceptions hereinafter, no person can lawfully practise physic, surgery, or midwifery unless his name be registered and unless he shall have received from the provincial medical board a license to practise (_ib._, s. 8). No person is entitled to be registered or to receive a license to practise unless he satisfy the board that he has passed the matriculation or preliminary examination; that after passing such examination he has followed his studies during a period not less than four years (one of which may be under the direction of one or more general practitioners duly licensed); that during such four years he has attended at some university, college, or incorporated school of medicine in good standing, courses of lectures amounting together to not less than twelve months on general anatomy, on practical anatomy, on surgery, on the practice of medicine, on midwifery, on chemistry, on materia medica and pharmacy, and on the institutes of medicine or physiology, and one three-months’ course of medical jurisprudence; that he has attended the general practice of a hospital in which are not less than fifty beds under the charge of not less than two physicians or surgeons, for a period of not less than one year or two periods of not less than six months each; that he has also attended two three-months’ courses or one six-months’ course of clinical medicine, and the same of clinical surgery; that he has, after an examination in the subjects of the course, obtained a degree or diploma from such university, college, or incorporated medical school, or, for want of such degree or diploma, that he has satisfactorily passed an examination in the various branches hereinbefore specified before examiners to be appointed by the provincial medical board; that he is not less than twenty-one years of age; and that he has paid the registrar twenty dollars. The provincial medical board has power, subject to the approval of the governor in council, to make such alterations in the foregoing curriculum as may from time to time be required (_ib._, s. 9). The last preceding section does not apply to any person in actual practice duly registered under chap. 56 of Revised Statutes, 3d series; such persons are entitled to be registered and receive a license to practise under this chapter without fee. Notwithstanding such section, any person on producing to the said board conclusive evidence that he has passed a matriculation or preliminary examination such as is required for persons beginning their medical studies in Nova Scotia; that he has, before graduating or taking a diploma, studied for at least four years in the manner provided in sec. 9 or pursued what the board deem an equivalent course of study, and has passed a final examination in the subjects of such course; or, for the want of any of such requirements, shall have fulfilled such conditions as the board may determine and shall pay a fee of twenty dollars, shall be entitled to be registered and to receive a license to practise (_ib._, s. 10). POWERS OF BOARD.—The said board among other powers has the power to examine all degrees, diplomas, licenses, and other credentials presented or given in evidence for the purpose of entitling the owner to practise in Nova Scotia; and to oblige the owner to attest on oath, or by affidavit, that he is the person whose name is mentioned therein, and that he became possessed thereof honestly; to cause every member of the profession practising in Nova Scotia to enregister his name, age, place of residence, place of nativity, date of license or diploma, and the place where he obtained it, in the register of the board; to appoint medical examiners to hold final examinations, such examiners to be regular qualified practitioners of not less than five years’ professional standing, and three years’ residence in the province (_ib._, s. 12). REGISTER.—The registrar is required to keep his register correct, and to erase the names of all registered persons who shall have died, left the province without any intention of returning, or ceased to practise for five years, and to make from time to time the necessary alterations in the addresses or qualifications of persons registered. A name erased is required to be restored by the order of the board upon sufficient cause duly shown (_ib._, s. 15). NEGLECT TO REGISTER.—Persons entitled to register and neglecting or omitting to register are not entitled to any of the rights or privileges conferred so long as the neglect or omission shall continue (_ib._, s. 16). THEORIES OF MEDICINE OR SURGERY.—No person shall be refused registration or a license on account of the adoption or the refusal to adopt the practice of any particular theory of medicine or surgery. In case of such refusal the party aggrieved has the right to appeal to the governor in council, who, on due cause shown, is required to issue an order to the board to register the name of such person and to grant him a license (_ib._, s. 17). POWERS OF REGISTRAR.—No qualification is entered unless the registrar is satisfied by proper evidence that the person claiming is entitled to it, and any appeal from the decision of the registrar may be decided by the board, and any entry proving to the satisfaction of the board to have been fraudulently or incorrectly made may be erased from the register by order in writing of the board (_ib._, s. 18). FORFEITURE OF RIGHTS.—A medical practitioner convicted of felony or, after due inquiry, judged by the board to have been guilty of infamous conduct in any professional respect, thereby forfeits his right to registration, and if registered his name shall, by the direction of the board, be erased from the register (_ib._, s. 19). ADDITIONAL QUALIFICATIONS.—A registered person may have a higher degree or an additional qualification obtained by him, inserted in the register in substitution for or in addition to a qualification previously registered, on the payment of such fee as the board may appoint (_ib._, s. 20). RIGHTS OF REGISTERED PERSONS.—Every registered person is entitled according to his qualifications to practise medicine, surgery, or midwifery, or either or any of them as the case may be, and to demand and receive reasonable charges for professional aid, advice, and visits and the cost of any medicine or any medical or surgical appliances rendered or supplied by him to his patients (_ib._, s. 21). No person is entitled to recover such charge unless he shall prove on the trial that he is registered under this chapter. This does not interfere with the sale by qualified druggists or chemists of articles properly belonging to their business (_ib._, s. 22). DEFINITION.—The words “legally qualified medical practitioner” or “duly qualified medical practitioner,” or any other words importing a person recognized by law as a medical practitioner or a member of the medical profession, when used in any act of the legislature or legal or public document mean a person registered under this chapter (_ib._, s. 23). UNREGISTERED PERSONS.—No person shall be appointed as a medical officer, physician, or surgeon, in any branch of the public service, or in any hospital or other charitable institution, unless he be registered under the provisions of this chapter (_ib._, s. 24). No certificate required from any physician or surgeon or medical practitioner is valid unless the signer be registered (_ib._, s. 25). OFFENCES AND PENALTIES.—For a person without registration or license to practise physic, surgery, or midwifery for hire, gain, or hope of reward, or wilfully or falsely pretend to be a physician, doctor of medicine, surgeon, or general practitioner, or to take or use any name or description implying or calculated to lead people to infer that he is registered, or to profess by public advertisement, card, circular, sign, or otherwise to practise physic, surgery, or midwifery, or to give advice therein or in anywise to lead people to infer that he is qualified to practise physic, surgery, or midwifery, is punishable with a forfeiture of $20 for each day that he so practises or leads people to infer that he is practising (_ib._, s. 26). On trial of such cause the burden of proof as to the license or right of the defendant to practise physic, surgery, or midwifery is on the defendant (_ib._, s. 28). If a person wilfully procures or attempts to procure registration by making or producing, or causing to be made or produced, a false or fraudulent representation or declaration, he, and all persons knowingly aiding or assisting therein, are each punishable with a forfeiture of not less than $100 (_ib._, s. 30). To wilfully and falsely pretend to be or take or use any name or description implying registration, is punishable with a forfeiture not exceeding $100 (_ib._, s. 31). Suits under this chapter are not to be begun after one year from the date of the offence or cause of action (_ib._, s. 32). EXCEPTIONS.—This chapter does not prevent a competent female from practising midwifery in Nova Scotia, except that she must satisfy the board of her competency, and obtain a certificate from the registrar before she can lawfully practise in the city of Halifax (_ib._, s. 33). Nothing in the chapter prevents any person from giving necessary medical or surgical aid or attendance to any one in urgent need of it, provided such aid or attendance is not given for hire or gain, nor the giving of it made a business or way of gaining a livelihood (_ib._, s. 34). Every person residing in the province and who shall have practised therein prior to January 1st, 1850, is entitled on proof thereof to have his name registered and receive a license to practise under this chapter (_ib._, s. 36). A person while employed in active service in Her Majesty’s naval or military service as a physician or surgeon may practise physic, surgery, or midwifery with (_sic_) registration or license (_ib._, s. 37). Schedule B of the chapter prescribes the subjects for a matriculation or preliminary examination of those commencing the study of medicine. FEES.—To the registrar, for registration under secs. 9 and 10, $20. To the registrar, for a preliminary examination under sec. 7, $10. For registering additional qualifications, such fee as the board may appoint (_ib._, s. 20). ONTARIO. COLLEGE OF PHYSICIANS, ETC.—There is a corporation styled “The College of Physicians and Surgeons of Ontario” (Rev, St., 1887, c. 148, s. 2). All persons registered according to the provincial acts 29 Victoria, c. 34, and 37 Victoria, c. 45, and amendatory acts, are members of said corporation (_ib._, s. 3); as well as all persons registered under this act (_ib._, s. 4). COUNCIL.—There is a council of said college composed of representatives chosen from every university, college, or body in the province authorized to grant degrees in medicine and surgery, and which establish and maintain to the satisfaction of the College of Physicians and Surgeons of Ontario a medical faculty in connection therewith, with five members elected by the registered licensed practitioners in homœopathy, and twelve members elected from among and by the other registered members of the profession (_ib._, s. 6). No teacher, professor, or lecturer of any such college or body shall hold a seat in said council except as a representative of the college or body to which he belongs (_ib._, s. 6, subd. 2, as amended Act 1893, c. 27, s. 2). All members of the council representing the colleges of bodies aforesaid must be practitioners duly registered (_ib._, s. 6, subd. 3, as amended Act 1893, c. 27, s. 2). All duly registered practitioners are entitled to vote at any election for members of the council (_ib._, s. 8). Any member of the college may have his name transferred from one class of voters to any other on presenting to the registrar a certificate duly signed by the member or members of the board of examiners to examine candidates on subjects specified as peculiar to each school of medicine, testifying that the member so applying has shown a sufficient knowledge of the system of medicine he desires to connect himself with, to entitle him to be admitted to the class he desires, and being so admitted he is entitled to vote in that class only (_ib._, s. 9 [1]). No member is entitled to return to the class from which he has been transferred without the sanction of the council (_ib._, s. 9 [2]). The council appoints officers including a registrar (_ib._, s. 13). The council must appoint an executive committee to take cognizance of and action upon all matters delegated to it by the council or which may require immediate attention or interference between the adjournment of the council and its next meeting, and all such acts shall be valid only till the next ensuing meeting of the council (_ib._, s. 4). DIVISION ASSOCIATION.—In each territorial division established by the act there may be established a Division Association, of which every member of the said college residing within the said territorial division shall be a member (_ib._, s. 15). PROFESSIONAL FEES.—The division association may submit to the council a tariff of professional fees suitable to their division, and on the said tariff receiving the approval of the council, signed by the seal of the college and the signature of the president, such tariff shall be held to be a scale of reasonable charges for the division or section of a division where the members of the association making it reside (_ib._, s. 16). REGISTRATION.—In a register kept by the registrar the council is required to cause to be entered the name of every person duly registered and all persons who have complied with the act and the rules and regulations made by the council respecting the qualifications of practitioners of medicine, surgery, and midwifery; and those persons only whose names are inscribed in the register shall be deemed to be qualified and licensed to practise medicine, surgery, or midwifery, except as hereinafter provided (_ib._, s. 21). The registrar is required to keep his register correct and to make the necessary alterations in the addresses or qualifications of persons registered. And he may write to any registered person at his address on the register, to inquire whether he has ceased to practise or has changed his residence, and if no answer be returned within six months, may erase the name of such person; the name shall be restored on compliance with the other provisions of the act (_ib._, s. 22, as amended Act 1891, c. 26, s. 9). It is optional for the council to admit to registration all such persons as are duly registered in the medical register of Great Britain, or otherwise authorized to practise medicine, surgery, and midwifery in the United Kingdom of Great Britain and Ireland, upon such terms as the council may deem expedient (_ib._, s. 23 [1]). Any person actually practising medicine, surgery, or midwifery, or any of them, in Ontario prior to January 1st, 1850, and who has attended one course of lectures at any recognized medical school, on such proof as the council may require, is entitled to register (_ib._, s. 23 [2]). Any person actually practising medicine, surgery, or midwifery according to the principles of homœopathy before January 1st, 1850, and for the six years preceding March 24th, 1874, in Ontario, may in the discretion of the representatives of the homœopathic system of medicine be registered (_ib._, s. 23 [3]). Any person who possesses any of the qualifications described in Schedule B, dated prior to July 23d, 1870, on the payment of the fee, is entitled to register on producing to the registrar the document conferring or evidencing his qualification or qualifications, or on transmitting by post to the registrar information of his name and address and evidence of the qualification or qualifications in respect whereof he wishes to be registered and of the time or times at which the same was or were attained. No one registered under the acts mentioned in sec. 3 is liable to pay for registration (_ib._, s. 24). Every person wishing to be registered, and not possessed before July 23d, 1870, of one of the qualifications in Schedule B, must present himself for examination as to his knowledge and skill for the efficient practice of his profession before the board of examiners mentioned in sec. 28, and upon passing the examination required and proving to the satisfaction of the board of examiners that he has complied with the rules and regulations of the council, and on payment of such fees as the council may establish, he shall be entitled to register and in virtue of his registration to practise medicine, surgery, and midwifery (_ib._, s. 25). When it appears that there has been established a central examining board similar to that constituted by this act, or an institution duly recognized by the legislature of any of the provinces of the Dominion of Canada as the sole examining body for the purpose of granting certificates of qualification, and wherein the curriculum is equal to that established in Ontario, the holder of such certificate shall, upon due proof, be entitled to registration by the council of Ontario if the same privilege is accorded by such examining board or institution to those holding certificates of Ontario (_ib._, s. 26). BOARD OF EXAMINERS.—The council is required at its annual meeting to elect a board of examiners whose duty it is to examine at least once in each year all candidates for registration in accordance with the by-laws, rules, and regulations of the council; such examinations are to be held at Toronto or Kingston at such times and in such manner as the council may by by-laws direct (_ib._, s. 28). The board of examiners is composed of one member from each existing teaching body enumerated in sec. 6 and one from every other school of medicine organized in connection with any university or college empowered by law to grant medical or surgical diplomas and not less than six members chosen from the members of the College of Physicians and Surgeons of Ontario unconnected with any such teaching body (_ib._, s. 29, as amended Act 1893, c. 27, s. 5). HOMŒPATHISTS.—Every candidate who, at the time of the examination, signifies his wish to be registered as a homœopathic practitioner shall not be required to pass an examination in materia medica or therapeutics, or the theory or practice of physic or surgery or midwifery except the operative parts thereof, before any examiners other than those approved of by the representatives in the council of the homœopathic system (_ib._, s. 30). DUTIES OF COUNCIL.—The council is required to make orders, regulations, or by-laws for regulating the register and fees for registration and for the guidance of the board of examiners, and may prescribe the subjects and modes of examination and the time and place of holding the same, and may make all such rules and regulations for examination not contrary to the act as they deem expedient and necessary (_ib._, s. 31). ADDITIONAL QUALIFICATION.—Every person registered who obtains a higher degree or other qualification is, on the payment of the fee, entitled to have it inscribed in the register in substitution for or in addition to the qualifications previously registered (_ib._, s. 32). POWERS OF REGISTRAR.—No qualification is to be entered on the 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:

Chapters

1. Chapter 1 2. INTRODUCTION, v 3. INTRODUCTION. 4. CHAPTER I. 5. CHAPTER II. 6. CHAPTER III. 7. CHAPTER IV. 8. CHAPTER V. 9. CHAPTER VI. 10. 1. Persons graduated from a legally chartered medical school not less 11. 3. Medical students taking a regular course of medical instruction. 12. 1. Graduates of a reputable medical college in the school of medicine 13. 2. Persons not graduates in medicine who had practised medicine in this 14. 3. A person not a graduate of medicine and who has not practised 15. 1. Fellow, member (inserted 22 Vict., c. 21, s. 4), licentiate, or 16. 2. Fellow, member (inserted 22 Vict., c. 21, s. 4), or licentiate of 17. 3. Fellow or licentiate of the King’s and Queen’s College of Physicians 18. 4. Fellow or member or licentiate in midwifery of the Royal College of 19. 5. Fellow or licentiate of the Royal College of Surgeons of Edinburgh 20. 6. Fellow or licentiate of the Faculty of Physicians and Surgeons of 21. 10. Doctor or bachelor or licentiate of medicine, or master in surgery 22. 11. Doctor of medicine of any foreign or colonial university or 23. 1. Persons entitled to be registered at the time of the coming into 24. 2. Any member of any incorporated college of physicians and surgeons 25. 3. Every person mentioned in chap. 48 of Act 49 and 50 Vict. of the 26. 4. Every graduate in medicine upon examination of the University of 27. 5. Every person who produces to the registrar the certificate under the 28. 1. A license to practise physic, surgery, and midwifery, or either, 29. 2. A license or diploma granted under 2 Vict., c. 38, or under the 30. 3. A license or authorization to practise physic, surgery, and 31. 4. A certificate of qualification to practise medicine, surgery, and 32. 5. A medical or surgical degree or diploma of any university or college 33. 6. A certificate of registration under the Imperial Act 21 and 22 34. 7. A commission or warrant as physician or surgeon in Her Majesty’s 35. 8. Certificates of qualification to practise medicine under any of the 36. 1. That he holds a certificate of study from a licensed physician for 37. 3. That he has followed his studies during a period of not less than 38. 4. That during said four years he attended at some university, college, 39. 5. That he attended the general practice of a hospital in which are 40. 6. That he has attended six cases of labor and compounded medicines for 41. 1. When and under what circumstances the body was first seen; stating 42. 3. Any circumstances that would lead to a suspicion of suicide or 43. 4. Time after death at which the examination was made, if it can be 44. 5. The external appearance of the body: whether the surface is livid or 45. 7. Any marks of violence on the person, disarrangement of the dress, 46. 8. Presence or absence of warmth in the legs, abdomen, arms, armpits, 47. 9. Presence or absence of rigor mortis. 48. 10. Upon first opening the body the color of the muscles should be 49. 12. The state of the abdominal viscera, describing each one in 50. 13. The state of the heart and lungs. (For special consideration of the 51. 14. The state of the brain and spinal cord. 52. 2. Intermittent shocks of electricity at different tensions passed into 53. 3. Careful movements of the joints of the extremities and of the lower 54. 4. A bright needle plunged into the body of the biceps muscle 55. 5. The opening of a vein, showing that the blood has undergone 56. 6. The subcutaneous injection of ammonia (Monte Verde’s test), causing 57. 7. A fillet applied to the veins of the arm (Richardson’s test), 58. 8. “Diaphanous test:” after death there is an absence of the 59. 9. “Eye test:” after death there is a loss of sensibility of the eye 60. 4. Changes in color due to 61. 1. Situation. Post-mortem ecchymoses are seen on that portion of the 62. 2. In cadaveric lividity there is no elevation of the skin and the 63. 3. After cutting into the tissues where an ecchymosis has been produced 64. 4. Post-mortem ecchymoses are very extensive, ante-mortem generally 65. 1. =Temperature.=—Putrefaction advances most rapidly at a temperature 66. 2. =Moisture.=—Putrefaction takes place only in the presence of 67. 3. =Air.=—Exposure to air favors decomposition by carrying to the body 68. 4. =Age.=—The bodies of children decompose much more rapidly than 69. 5. =Cause of Death.=—In cases of sudden death, as from accident or 70. 6. =Manner of Burial.=—When a body is buried in low ground in a damp, 71. 1. =The Temperature.=—Below 32° F. and above 212° F. putrefaction is 72. 2. =Moisture.=—Absence of moisture retards decomposition. In the dry 73. 3. =Air.=—If access of air to a body be prevented in any way by its 74. 4. =Age.=—Adults and old people decompose more slowly than children. 75. 5. =Cause of Death.=—Putrefaction is delayed after death from chronic 76. 6. =Manner of Burial.=—Putrefaction is retarded by burial a short 77. 1. Bodies of young persons, because the fat is abundant and chiefly 78. 4. The immersion of bodies in water, the change taking place more 79. 5. Humid soil, especially when bodies are placed in it one upon the 80. 1. HEMORRHAGE varies in amount with the size of the wound, the 81. 2. COAGULATION OF BLOOD.—As stated at the beginning of this section, 82. 3. EVERSION OF THE LIPS OF THE WOUND.—The edges or lips of a wound 83. 4. RETRACTION OF THE SIDES OF THE WOUND is also dependent on their 84. 1. =Hemorrhage.=—This may act by producing syncope. But the amount of 85. introduction into the blood and tissues of the bacteria themselves. 86. 1. _Cullingworth: Lancet, May 1st, 1875, p. 608_.—Woman. Believed to 87. 2. _Taylor: “Med. Jur.,” Am. Ed., 1892, p. 412._—Man and woman. 88. 3. _Harvey: Indian Med. Gaz., December_ 1st, 1875, _p. 312_.—Hindoo 89. 4. _Harris: Ibid., p. 313._—Boy, age 10. Abrasions over front of 90. 5. _Mackenzie: Ibid., February, 1889, p. 44._—Hindoo woman, age not 91. 30. Strangled by soft cloth cord. Necroscopy: Circular mark of cord, 92. 7. _Ibid., p. 234._—Hindoo woman, age about 40. Broad, circular, 93. 8. _Ibid., p. 235._—Hindoo woman, age about 25. Piece of cloth twisted 94. 9. _Harvey: Ibid., January_ 1st, 1876, _p. 2_.—Hindoo woman, age 12 95. 10. _Ibid._—Hindoo man, age 20. Dead seven days; much decomposition 96. 11. _Ibid._—Cases of strangulation by sticks and other hard 97. 12. _Ibid._—In another subject two sticks were tightly tied together, 98. 13. _Pemberton: Lancet, May_ 22d, 1869, _p. 707_.—Woman, age 60. 99. 14. _Cullingworth: Med. Chron., Manchester, 1884-85, i., p. 100. 15. _The Gouffé Case._—Murdered by Eyraud and Bompard in 1889. _Archiv 101. 16. _Horteloup: Ann. d’Hygiène, 1873, xxxix., pp. 408-416._—Man found 102. 17. _Laennec: Journ. de med. l’ouest, 1878, xii., pp. 68-71._—Woman, 103. 18. _Lancet, ii., 1841-42, p. 129._—Woman, found dead, her clothing 104. 19. _Alguie: “Étude méd. and exp. de l’homicide réel ou simulé par 105. 20. _Gatscher: Mittheil. d. Wien. med. Doct. Colleg., 1878, iv., p. 106. 21. _Ibid., p. 46._—Woman, age 50, found dead in bed. Blood fluid; two 107. 22. _Waidele: Memorabilien, 1873, xviii., pp. 161-167._—Husband and 108. 23. _Rehm: Friedreich’s Blätter f. ger. Med., 1883, xxxiv., pp. 109. 24. _Schüppel: Vier. ger. öff. Med., xiii., 1870, pp. 140-156._—Woman, 110. 25. _Weiss: Ibid., xxvii., 1877, pp. 239-244._—Woman strangulated by 111. 26. _Isnard and Dieu: Rev. cas jud., Paris, 1841, p. 101._—Man, 112. 27. _Friedberg: Gericht. gutacht., 1875, pp. 211-224._—Woman found 113. 26. _Tardieu: “Pendaison,” p. 223._—New-born infant. Question whether 114. 29. _Ibid., p. 219._—Woman, advanced in years, habits dissipated; 115. 30. _Ibid., p. 216._—Wife of the celebrated painter Gurneray; found 116. 31. _Ibid., p. 211._—Three murders by one man. All women. All injured 117. 32. _Francis: Med. Times and Gaz., December_ 2d, 1876, _p. 118. 33. _Badahur: Indian Med. Gaz., December, 1882, p. 330._—Hindoo 119. 34. _Harris: Ibid._—Woman; made a loop of her hair around her neck, 120. 35. _Geoghegan: Taylor’s “Med. Jur.,” Am. Ed., 1892, p. 413._—Informed 121. 36. _Taylor: “Med. Jur.,” Am. Ed., 1892, p. 418._—Boy: found dead with 122. 37. _Fargues: Rec. de mém. de méd., etc., Paris, 1869, xxii., pp. 123. 38. _Borchard: Jour. de méd. de Bordeaux, 1860, v., p. 349 et 124. 39. _Hofmann: Wien med. Presse, 1879, xx., p. 16, et seq. Also 125. 40. _Zillner: Wien med. Woch., 1880, xxx., pp. 969, 999._—Woman, age 126. 41. _Bollinger: Friedreich’s Blätter f. ger. Med., 1889, xl., p. 127. 42. _Roth: Ibid., p. 9._—Man, age 68; melancholic; found dead in bed. 128. 43. _Ibid._—Son-in-law at 36 years of age had committed suicide in the 129. 44. _Ibid._—Man, age 63; found dead in his bed; cord around neck 130. 45. _Maschka: Vier. ger. öff. Med., 1883, xxxviii., pp. 71-77._—Woman, 131. 46. _Ibid._—Woman; supposed to have been murdered by her son. There 132. 47. _Hackel: Dorpat Diss., 1891, p. 34._—Man, age 48; strangled 133. 48. _Binner: Zeitsch. f. Med-beamte, 1888, i., pp. 364-368._—Woman; 134. 49. _Bédié: Rec. de mém. de Méd., etc., Paris, 1866, xvi., pp. 135. 50. _Liégey: Jour. de Méd. chir. et pharm., Brussels, 1868, xlvi., 136. 51. _Friedberg: Gericht. gutacht., p. 240._—New-born child found dead 137. 1. _Harvey: Indian Med. Gaz., 1876, xi., p. 2._—Man, age 30. Found 138. 2. _Ibid., p. 3._—Insane man, age 60. Put his neck in a V-shaped fork 139. 3. _Ibid., p. 5._—Woman, age 28. Two marks of ligature on neck; one 140. 4. _Ibid., p. 5._—Man, age 45; first cut his throat and then hung 141. 5. _Ibid., p. 30._—Woman; hung herself with a twisted cloth. There 142. 6. _Ibid._—Man, age 39. Distinct mark of cord around neck; no other 143. 7. _Ibid._—Man, age 70. Mark of cord around the neck, superficial 144. 8. _Ibid._—Sex and age not given. Found hanging on a tree; usual 145. 9. _Ibid., p. 32._—Man, age 50. Face livid, eyes red and protruding; 146. 10. _Hurpy: Ann. d’ Hygiene, 1881, vi., pp. 359-367, with 147. 11. _Champouillon: Same journal, 1876, xlvi., p. 129._—Man, age 62; 148. 12. _Pellier: Lyon thesis, 1883, No. 188, p. 72._—Boy, age 16, hung 149. 13. _Lacassagne: Pellier thesis (supra), p. 71._—Man; hung himself; 150. 14. _Maschka: Archiv. de l’anthrop. crim., Paris, 1886, i., pp. 151. 15. _Friedberg: Virchow’s Archiv, 1878, lxxiv., p. 401._—Suicidal 152. 16. _Bollinger: Friedreich’s Blätt. f. ger. Med., 1889, xl., p. 153. 17. _Med. Times and Gaz., London, 1860, ii., p. 39._—Woman; had 154. 18. _E. Hoffman: Mitt. d. Wien. Med. Doct. Colleg., 1878, iv., pp. 155. 20. 3d. Man, age 50. First tried to kill himself with phosphorus, then 156. 21. _Müller-Beninga: Berlin. klin. Woch., 1877, xiv., p. 481._—Man, 157. 22. _Tardieu: Op. cit., p. 18._—The Prince of Condé was found hanging 158. 23. _Allison: Lancet, 1869, i., p. 636._—Three cases of suicide by 159. 24. _Tardieu: Op. cit., pp. 93-105._—Woman, died of coma and asphyxia 160. 25. _Ibid., pp. 67-72._—The famous case of Marc-Antoine Calas, who 161. 26. _Ibid., p. 72._—Another famous case. A woman, age 30, hung herself 162. 27. _Hofmann: Wien. med. Presse, 1880, xxi., p. 201._—Man, age 68, 163. 28. _Ibid.: 1878, xix., pp. 489-493._—Woman, found dead sitting in 164. 29. _Ibid._—Man, tried to poison himself with phosphorus and sulphuric 165. 30. _Maschka: Wien. med. Woch., 1880, xxx., pp. 714, 747, 1075._—Man, 166. 32. _Ibid. 1883, xxxiii., pp. 1118-1120._—Woman. age 23. Question 167. 33. _Hofmann: Allg. Wien. med. Zeit., 1870, xv., pp. 192-214._—Man, 168. 34. _Van Haumeder: Wien. med. Woch., 1882, xxxii., pp. 169. 35. _Maschka: “Sammlung gericht. Gutacht.,” etc. (Prag), Leipzig, 1873, 170. 36. _Ibid., p. 144._—Boy, age 13. Found hanging in sitting position. 171. 37. _Ibid., p. 149._—Woman, age 60; found hanging, sitting position. 172. 39. _Ibid., p. 165._—Man, age 63. Suicide by hanging, or homicide by 173. 40. _Berliner: Viert. f. ger. Med. und öff. San., 1874, xx., pp. 174. 41. _Deininger: Friedreich’s Blät. ger. Med., 1884, xxxv., pp. 175. 42. _Mader: Bericht d. k. k. Rud. Stift., Wien. (1875), 1876, p. 176. 43. _Grant: Lancet, 1889, ii., p. 265._—Man, age 48; found sitting 177. 44. _White: Lancet, 1884, ii., p. 401._—Woman, age 53, insane. Made 178. 45. _Richards: Indian Med. Gaz., 1886, xxi., p. 78._—Man, age 20; 179. 47. _Terrier: Prog. Méd., 1887, vi., pp. 211-214._—Two men, age 29 and 180. 48. _Nobeling: Aertz. Intellig.-bl., 1884, xxxi., p. 213._—Two 181. 49. _Ritter: Allg. Wien,. med. Zeit., 1886, xxxi., p. 375._—Soldier, 182. 50. _Strassmann: Viert. f. ger. Med., 1888, xlviii., pp. 183. 51. _Balta: Pest. Med. Chir. Presse, 1892, xxviii., p. 1244._—Man, age 184. 52. _Hackel: Op. cit., p. 35._—Man, found hanging to a beam by a 185. 53. _Ibid._—Two cases of suicidal hanging where the cord made no mark. 186. 54. _Freund: Wien. klin. Woch., 1893, vi., pp. 118-121._—Man, found 187. 55. _Hoffman: Op. cit., p. 525, illustrated._—Case communicated by Dr. 188. 56. _Ibid., p. 530._—Man found hanging by handkerchief to branch of 189. 57. _Ibid., p. 541._—Man found hanging to a window. Another man cut 190. 58. _Ibid._—Man found hanging; cut down; the fall caused rupture of 191. 59. _Ibid., p. 539._—Drunkard hung himself; there was evidence that he 192. 60. _Ibid._—Boy hung himself because he had been punished by the 193. 61. _Harvey: Indian Med. Gaz., 1876, xi., p. 3._—Woman, age 20, 194. 62. _Ibid., p. 4._—Woman, age 38. Rope close under the chin passed 195. 63. _Rehm: Friedreich’s Blät. f. ger. Med., 1883, xxxiv., pp. 196. 64. _Tardieu: Op. cit., p. 125._—Woman found hanging in her room. 197. 65. _Ibid., p. 124._—Girl, 15 years old. Body found hanging. Post 198. 66. _Ibid., p._ 122.—Woman found hanging in her room, and was 199. 67. _Ibid., p. 106._—The Duroulle affair. Woman found hanging. 200. 68. _Ibid., p._ 130.—The Daugats affair. Man found hanging, sitting 201. 69. _Passauer: Viert. f. ger. Med. und öff. San., 1876, xxiv., pp. 202. 70. _Becker: Same journal, 1877, xxvii., pp. 463-473._—Woman, age 203. 71. _Maschka: “Samm. gericht. Gutacht.,” etc. (Prag), Leipzig, 1873_, 204. 72. _Ibid., p. 127._—Man found dead. Had he been strangled or hung, or 205. 73. _Ibid., p. 133._—Woman, age 42; found hanging; a mark around her 206. 74. _Rehm: Friedreich’s Blätt., 1883, xxxiv., pp. 322-362._—Man, age 207. 75. _Hofmann: “Lehrbuch,” p. 538._—A father hung his five children, 208. 76. _MacLaren: Indian Med. Gaz., 1873, viii., p. 234._—Three cases of 209. 77. _Second man_, age 16; pupils widely dilated; eyeballs protruding. 210. 78. _Third man_, age 20; pupils slightly dilated; eyeballs and tongue 211. 79. _Cayley: Ibid., p. 122._—Man, age 35; executed by hanging. 212. 80. _Garden: Same journal, 1880, xv., p. 12._—Man, age 40, weight 213. 81. See two cases of judicial hanging by _Wilkie, same journal, 1881, 214. 82. _Porter: Archiv. Laryngol., New York, 1880, i., p. 142._—Redemier 215. 83. _Another_ criminal hung at the same time had dislocation of 216. 84. _Fenwick: Canada Med. Jour., 1867, iii., p. 195._—Man executed; 217. 85. _Dyer: Trans. Amer. Ophthal. Soc., 1866, p. 13._—Man, age 24; 218. 86. _Dyer: Same Trans., 1869, pp. 72-75._—Man hung. One eye showed 219. 87. _Green: Same Trans., 1876, p. 354._—Man hung; drop seven or eight 220. 88. _Keen: Amer. Jour. Med. Sci., 1870, lix., p. 417._—Two criminals 221. 89. _Clark: Boston Med. and Surg. Jour., 1858, lviii., p. 222. 90. _Hofmann: Wien. med. Woch., 1880, xxx., pp. 477-480._—Man, a 223. 91. _Kinkhead: Lancet_, and 701-703.—Cases of hanging. In one, the 224. 92. _Nelson: Southern Clinic, 1885, viii., pp. 198-202._—Two colored 225. 93. _Dercum: Phila. Med. Times, 1886-87, xvii., p. 368._—Description 226. 94. _Kirtikar: Trans. M. and P. Soc., Bombay, 1885, vi., pp. 227. 95. _Lamb: Med. News, Philadelphia, 1882, xli., pp. 42-45._—Execution 228. 96. _Thomson and Allen: Catalog. Surg. Sec. Army Med. Mus._; specimens 229. 97. _Harvey: Indian Med. Gaz., 1876, xi., p. 3._—Boy, age 1½ years; 230. 98. _Hackel: Op. cit., p. 35._—Man, age 19, sitting on a load of wood, 231. 99. _Biggs and Jenkins: New York Med. Jour., 1890, lii., p. 30._—Case 232. 1. _Huppert: Vier. ger. Med. und öff. San., 1876, xxiv., pp. 233. 2. _Johnson: Lancet, 1878, ii., p. 501._—Boy swallowed penny, became 234. 3. _Ibid._—Man suddenly fell while at dinner; face blue; breathing 235. 4. _Ibid._—Boy, age 5 years. Button in larynx. Aphonia, dyspnœa, 236. 5. _Ibid._—Man, drunk, swallowed a half-sovereign. Urgent dyspnœa; 237. 6. _Med. Times and Gaz., 1874, i., p. 486._—Man, age 20, had severe 238. 7. _Littlejohn: Edin. Med. Jour., 1875, xx., p. 780._—Woman found 239. 8. _Sayre: New York Med. Jour., 1874, xix., p. 420._—Girl, age 240. 9. _Duffy: Trans. Med. Soc. No. Car., 1874, p. 126._—Boy, age 8, 241. 10. _Tardieu: Op. cit., p. 290._—Man, age 50, found dead on the floor. 242. 11. _Oesterlen: Vier. f. ger. Med. und öff. San., 1876, xxiv., p. 243. 12. _Tardieu: Op. cit., p. 322._—Two children, one 2 months old, the 244. 13. _Blum: New York Med. Jour., 1885, xlii., p. 207._—Woman, found 245. 14. _Wyeth: Same journal, 1884, xl., p. 487._—Boy, age 12, inspired 246. 15. _Partridge: Same journal, 1890, li., p. 303._—Child, 4 months old, 247. 42. _Roy. Indian Med. Gaz., 1880, xv., p. 71._—Man, believed to be 248. 49. _Poupon: Bull. Soc. Clin., Paris (1882), 1883, vi., pp. 249. 50. _Pons: Jour. Méd., Bordeaux, 1889-1890, xix., pp. 57-61._—Woman, 250. 51. _Kemény: Wien. med. Blat., 1890, xiii., p. 37._—Man, age 45. 251. 52. _Maschka: Vier. ger. Med., 1885, xliii., pp. 11-14._—Man, age 65. 252. 53. _Heidenhain: Same journal, 1886, xliv., pp. 96-101._—Vomited 253. 54. _Langstein: Wien. med. Woch., 1880, xxx., pp. 624-626._—Child 254. 55. _Ward: Catalog. Army Med. Mus., Med. Sec., p. 33._—Soldier, age 255. 56. _Sankey: Brit. Med. Jour., 1883, i., p. 88._—Epileptic; found dead 256. 57. _Macleod: Ibid., 1882, ii., p. 1246._—Suicidal maniac. Had to 257. 58. _Christison: Edin. Med. Jour., 1829, xxxi., pp. 236-250._—The 258. 59. _Hackel: Dorpat Diss., 1891, p. 35._—Case of choking with pressure 259. 60. _Tardieu: Op. cit., p. 315._—New-born infant; found buried in 260. 61. _Tardieu: Op. cit., p. 323._—New-born infant found under a cask, 261. 62. _Ibid., p. 325._—New-born infant found buried in the earth; gravel 262. 63. _Ibid., p. 326._—New-born infant found in ashes; nose and lips 263. 64. _Ibid., p. 327._—New-born infant, buried in bran; nose and mouth 264. 65. _Devergie and Raynaud: Ann. d’Hyg., 1852, xlviii., pp. 265. 66. _Rauscher: Friedreich’s Blat., 1886, xxxvii., pp. 324-330._—Woman, 266. 1602. Mongitore, “Bibl. Sic.,” Panormi, 1707-14. i., 199, mentions 267. 1885. (See Toxicology.) 268. 143. The Court said (per Sedgwick, J.): “In order to give the public 269. 209. Kansas, Teft _v._ Wilcox, 6 Kan., 46. Massachusetts, Com. _v._ 270. 668. Wisconsin, Reynolds _v._ Graves, 3 Wis., 416. Vermont, Briggs _v._ 271. 1. Causes of death; especially in cases of homicide, suicide, accident, 272. 2. Causes, nature, and extent of personal injuries, by violence, 273. 3. Birth of infants; was infant born dead or alive; if dead, was death 274. 4. Rape, abortion, bastardy, pederasty, onanism, masochism, and many 275. 5. Malpractice cases, involving the degree of care and skill usual, 276. 77. Staunton _v._ Parker, 19 Hun, 55, is thus overruled. 277. 493. Although this point was discussed, the case was really decided on

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