the amended physic-and-surgery bill

4
593 law on the subject is rational. It is as follows :-" There is neither crime nor offence when the accused is in a state of dementia at the time of the action." (Code Penal, art. 64.) The difficulty lies in the interpretation of the word " de- mentia." In the case ofBLOTIN, the prejudices of the public prosecutor carried the day. We ourselves are firmly con- vinced, that had this man been tried by an English jury, he would have been acquitted. THE AMENDED PHYSIC-AND-SURGERY BILL. A BILL (AS AMENDED BY THE COMMITTEE) FOR REGULATING THE PROFESSION OF PHYSIC AND SURGERY. (Prepared and brought in by Sir James Graham and Mr. Manners Sutton.) Ordered, by the House of Commons, to be printed, 7 May, 1845. THE chief alterations in the new Medical Bill are as follow :- CLAUSE I.-In the first clause, the whole of those parts of the Apothecaries’ Act which relate to medical education and prac- tice, to the examination of candidates for the licence of the Society, and to the powers of the Court of Examiners, the ap- pointment of a Court of Examiners, and the prosecutions for penalties imposed on unqualified practitioners, are totally re- pealed. CLAUSE 2.-In the constitution of the Council of Health it is provided, that it shall still comprise eighteen members, consist- ing of five regius professors of medicine and surgery; six physi- cians and surgeons chosen by the Council of the College of Physicians and Surgeons; one member of the senate of the University of London ; two general practitioners," to be ap- pointed by the Council of the College of General Practitioners;" ’i and four persons to be nominated by the Crown. CLAUSES 3 To 12 (INCLUSIVE.)—In these there are no substan- tial alterations. CLAUSE 13.-The words " General Practitioner in Medicine, i Surgery, and Midwifery," are substituted for those of " Licen- tiate in Medicine and Surgery," of the former Bill. The regis- tration fee for the general practitioner is to be two pounds, and in the case of physicians and surgeons, five pounds. From this point, in order to avoid all misapprehension with reference to the important changes in this measure, we think it better to print the clauses verbatim :- CLAUSE 14. GENERAL PRACTITIONERS.-And be it enacted, that every person shall be entitled to be registered by the Council as a general practitioner, who, at the time of the passing of this Act, shall be legally practising, or entitled to practise, as a phy- sician, surgeon, or apothecary, in some part of her Majesty’s dominions, and who, within twelve calendar months after the passing of this Act, shall be qualified to be enrolled, and shall enrol himself, as a fellow of the Royal College of General Prac- titioners in Medicine, Surgery, and Midwifery of England, or who shall have attained the age of twenty-two years, and shall have been examined by the colleges hereinafter named-tha.t is to say, if in England, examined by the Royal College of General Practitioners in Medicine, Surgery, and Midwifery of England; or if in Scotland, examined by the Royal Colleges of Physicians and Surgeons of Scotland ; or if in Ireland, examined by the Royal Colleges of Physicians and Surgeons in Ireland, after such proof as shall be satisfactory to the examining college or colleges, that he has applied himself to medical and surgical studies during at least five years, and, in every case, shall have received letters testimonial from each of the bodies by which he shall have been examined, of his being duly qualified to prac- tise as such general practitioner. CLAUSE 15. SURGEONS. - And be it enacted, that every person shall be entitled to be registered by the Council as a surgeon who shall have attained the age of twenty-six years, and shall have been examined by one of the Royal Colleges of Surgeons of England, Scotland, or Ireland, after such proof as shall be satisfactory to the examining college that he has applied himself to surgical studies during at least five years ; or that he has been registered as a general practitioner, or was, at the time I of the passing of this Act, a member or licentiate of one of the said Colleges of Surgeons, and has been for twelve years in the practice of surgery, and in each case shall have received letters testimonial from the examining college of his being duly quali- fied to practise as a surgeon. CLAUSE 16. PHYSICIANS.-And be it enacted, that every person shall be entitled to be registered by the Council as a physician who shall have attained the age of twenty-six years, and shall have graduated as a bachelor or doctor of medicine in some university of the United Kingdom of Great Britain and Ireland, or, subject to the restriction hereinafter contained, in some foreign university, or shall have graduated as a master of arts in the university of Oxford or Cambridge, and shall have afterwards received a licence to practise medicine, after due examination, from the same university, and shall also, in each of the foregoing cases, have been examined by one of the Royal Colleges of Physicians of England, Scotland or Ireland, after such proof as shall be satisfactory to the examining college tha.t he has applied himself to medical studies during at least five years, or who shall have attained the age of forty years, and shall have been registered as a general practitioner or surgeon under this Act, or was, at the time of the passing of this Act, legally practising, or entitled to practise, as a physician, surgeon, or apothecary, in some part of the said United Kingdom, and shall have practised medicine for at least twelve years, and shall have been examined by the Royal College of Physicians of ) England ; and, in each case, shall have received letters testi- monial from the examining college, of his being duly qualified to practise as a physician ; and no person shall be entitled to be received for examination for the purpose of being so registered as a physician upon a foreign degree in medicine, unless the Royal College of Physicians of England, Scotland, or Ireland, shall give him a special certificate, to be laid before, and approved by, the Council of Health, that they have made inquiry into the manner in which such degree was conferred, and have ascer- tained that it has been granted after due examination, and upon satisfactory certificates of previous study, including residence and study at the seat of one or more universities, during at least three years, one of them, at least, being at the university by which the degree is granted. CLAUSE 17. CLAUSE (A.) PRELIMINARY EXAMINATION BEFORE MEDICAL AND SURGICAL BOARD.-Provided always, and be it enacted, that a joint medical and surgical board of ex- aminers shall be established in England, consisting of six phy- sicians, to be chosen from time to time by the Council of the Royal College of Physicians of England, and six surgeons, to be chosen from time to time by the Council of the Royal College @f Surgeons of England, who shall severally hold their appoint- ments during the pleasure of the Council by which they shall have been severally chosen, and that no person shall be qualified to offer himself for examination by the Royal College of Phy- sicians of England for the purpose of being registered as a phy- sician, or by the Royal College of Surgeons of England for the purpose of being registered as a surgeon, or by the Royal Col- lege of General Practitioners in Medicine, Surgery, and Mid- wifery of England, for the purpose of being registered as a general practitioner, until he shall have been examined, under the direction of the Council of Health, by the said medical and surgical board, and shall be by them admitted to offer himself for such further examination by the examiners of the College to which he desires to belong; and the fee for such previous ex- amination shall be such sum as shall be from time to time fixed by the Council of Health, not exceeding two pounds; and the said fees shall be equally divided between the said Colleges, who shall be empowered to make thereout such fixed allowances to the examiners as to them severally shall seem fit, subject to the approval of the Council of Health. CLAUSE 18. CLAUSE (B.) PROYISION FOR EXISTING STU- DENTs.-Provided always, and be it enacted, that it shall be lawful for the Council of Health to make regulations for dis- pensing with such provisions of this Act as to them shall seem fit, in favour of medical and surgical students who shall have commenced their professional studies before the passing of this Act. CLAUSE 19. PHYSICIANS AND SURGEONS TO BELONG TO A COLLEGE OF THE COUNTRY IN WHICH THEY PRACTISE.- And be it enacted, that every person registered as a physician or surgeon under this Act, (except those for whose registration in a supplemental register special provision is hereinafter made,) shall be required to enrol himself as an associate of the Royal College of Physicians, or as a fellow of the Royal College of Surgeons from which he shall have received his letters testimo- nial as physician or surgeon ; and every such physician and surgeon who shall afterwards remove from that part of the United Kingdom in which he obtained his letters testimonial,

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593

law on the subject is rational. It is as follows :-" There is

neither crime nor offence when the accused is in a state of

dementia at the time of the action." (Code Penal, art. 64.)The difficulty lies in the interpretation of the word " de-mentia." In the case ofBLOTIN, the prejudices of the publicprosecutor carried the day. We ourselves are firmly con-vinced, that had this man been tried by an English jury, hewould have been acquitted.

THE

AMENDED PHYSIC-AND-SURGERY BILL.

A BILL (AS AMENDED BY THE COMMITTEE) FORREGULATING THE PROFESSION OF PHYSICAND SURGERY.

(Prepared and brought in by Sir James Graham and Mr. MannersSutton.) Ordered, by the House of Commons, to be printed,7 May, 1845.

THE chief alterations in the new Medical Bill are as

follow :-CLAUSE I.-In the first clause, the whole of those parts of the

Apothecaries’ Act which relate to medical education and prac-tice, to the examination of candidates for the licence of theSociety, and to the powers of the Court of Examiners, the ap-pointment of a Court of Examiners, and the prosecutions forpenalties imposed on unqualified practitioners, are totally re-pealed.CLAUSE 2.-In the constitution of the Council of Health it is

provided, that it shall still comprise eighteen members, consist-ing of five regius professors of medicine and surgery; six physi-cians and surgeons chosen by the Council of the College ofPhysicians and Surgeons; one member of the senate of theUniversity of London ; two general practitioners," to be ap-pointed by the Council of the College of General Practitioners;" ’iand four persons to be nominated by the Crown.CLAUSES 3 To 12 (INCLUSIVE.)—In these there are no substan-

tial alterations.CLAUSE 13.-The words " General Practitioner in Medicine, i

Surgery, and Midwifery," are substituted for those of " Licen-tiate in Medicine and Surgery," of the former Bill. The regis-tration fee for the general practitioner is to be two pounds, andin the case of physicians and surgeons, five pounds.From this point, in order to avoid all misapprehension

with reference to the important changes in this measure, wethink it better to print the clauses verbatim :-CLAUSE 14. GENERAL PRACTITIONERS.-And be it enacted,

that every person shall be entitled to be registered by the Councilas a general practitioner, who, at the time of the passing of thisAct, shall be legally practising, or entitled to practise, as a phy-sician, surgeon, or apothecary, in some part of her Majesty’sdominions, and who, within twelve calendar months after thepassing of this Act, shall be qualified to be enrolled, and shallenrol himself, as a fellow of the Royal College of General Prac-titioners in Medicine, Surgery, and Midwifery of England, orwho shall have attained the age of twenty-two years, and shallhave been examined by the colleges hereinafter named-tha.t isto say, if in England, examined by the Royal College of General

Practitioners in Medicine, Surgery, and Midwifery of England;or if in Scotland, examined by the Royal Colleges of Physiciansand Surgeons of Scotland ; or if in Ireland, examined by theRoyal Colleges of Physicians and Surgeons in Ireland, aftersuch proof as shall be satisfactory to the examining college orcolleges, that he has applied himself to medical and surgicalstudies during at least five years, and, in every case, shall havereceived letters testimonial from each of the bodies by whichhe shall have been examined, of his being duly qualified to prac-tise as such general practitioner.CLAUSE 15. SURGEONS. - And be it enacted, that every

person shall be entitled to be registered by the Council as asurgeon who shall have attained the age of twenty-six years,and shall have been examined by one of the Royal Colleges ofSurgeons of England, Scotland, or Ireland, after such proof asshall be satisfactory to the examining college that he has appliedhimself to surgical studies during at least five years ; or that hehas been registered as a general practitioner, or was, at the time I

of the passing of this Act, a member or licentiate of one of thesaid Colleges of Surgeons, and has been for twelve years in thepractice of surgery, and in each case shall have received letterstestimonial from the examining college of his being duly quali-fied to practise as a surgeon.CLAUSE 16. PHYSICIANS.-And be it enacted, that every

person shall be entitled to be registered by the Council as aphysician who shall have attained the age of twenty-six years,and shall have graduated as a bachelor or doctor of medicine insome university of the United Kingdom of Great Britain andIreland, or, subject to the restriction hereinafter contained, insome foreign university, or shall have graduated as a master ofarts in the university of Oxford or Cambridge, and shall haveafterwards received a licence to practise medicine, after dueexamination, from the same university, and shall also, in eachof the foregoing cases, have been examined by one of the RoyalColleges of Physicians of England, Scotland or Ireland, aftersuch proof as shall be satisfactory to the examining college tha.the has applied himself to medical studies during at least five

years, or who shall have attained the age of forty years, andshall have been registered as a general practitioner or surgeonunder this Act, or was, at the time of the passing of this Act,

legally practising, or entitled to practise, as a physician, surgeon,or apothecary, in some part of the said United Kingdom, andshall have practised medicine for at least twelve years, and shallhave been examined by the Royal College of Physicians of) England ; and, in each case, shall have received letters testi-monial from the examining college, of his being duly qualified topractise as a physician ; and no person shall be entitled to bereceived for examination for the purpose of being so registeredas a physician upon a foreign degree in medicine, unless theRoyal College of Physicians of England, Scotland, or Ireland,shall give him a special certificate, to be laid before, and approvedby, the Council of Health, that they have made inquiry into themanner in which such degree was conferred, and have ascer-tained that it has been granted after due examination, and uponsatisfactory certificates of previous study, including residenceand study at the seat of one or more universities, during at leastthree years, one of them, at least, being at the university by whichthe degree is granted.CLAUSE 17. CLAUSE (A.) PRELIMINARY EXAMINATION

BEFORE MEDICAL AND SURGICAL BOARD.-Provided always,and be it enacted, that a joint medical and surgical board of ex-aminers shall be established in England, consisting of six phy-sicians, to be chosen from time to time by the Council of theRoyal College of Physicians of England, and six surgeons, to bechosen from time to time by the Council of the Royal College @fSurgeons of England, who shall severally hold their appoint-ments during the pleasure of the Council by which they shallhave been severally chosen, and that no person shall be qualifiedto offer himself for examination by the Royal College of Phy-sicians of England for the purpose of being registered as a phy-sician, or by the Royal College of Surgeons of England for thepurpose of being registered as a surgeon, or by the Royal Col-lege of General Practitioners in Medicine, Surgery, and Mid-wifery of England, for the purpose of being registered as a

general practitioner, until he shall have been examined, underthe direction of the Council of Health, by the said medical andsurgical board, and shall be by them admitted to offer himselffor such further examination by the examiners of the College towhich he desires to belong; and the fee for such previous ex-amination shall be such sum as shall be from time to time fixedby the Council of Health, not exceeding two pounds; and thesaid fees shall be equally divided between the said Colleges, whoshall be empowered to make thereout such fixed allowances tothe examiners as to them severally shall seem fit, subject to theapproval of the Council of Health.CLAUSE 18. CLAUSE (B.) PROYISION FOR EXISTING STU-

DENTs.-Provided always, and be it enacted, that it shall belawful for the Council of Health to make regulations for dis-pensing with such provisions of this Act as to them shall seemfit, in favour of medical and surgical students who shall havecommenced their professional studies before the passing of thisAct.CLAUSE 19. PHYSICIANS AND SURGEONS TO BELONG TO A

COLLEGE OF THE COUNTRY IN WHICH THEY PRACTISE.-And be it enacted, that every person registered as a physicianor surgeon under this Act, (except those for whose registrationin a supplemental register special provision is hereinafter made,)shall be required to enrol himself as an associate of the RoyalCollege of Physicians, or as a fellow of the Royal College ofSurgeons from which he shall have received his letters testimo-nial as physician or surgeon ; and every such physician andsurgeon who shall afterwards remove from that part of theUnited Kingdom in which he obtained his letters testimonial,

594

shall be required, if he shall practise as a physician or surgeonin any other part of the said United Kingdom, to enrol himselfas an associate of the Royal College of Physicians, or as a fellowof the Royal College of Surgeons, of that part of the UnitedKingdom to which he shall so remove, for the purpose of prac-tising there, according to the nature of his testimonials, and ineach case shall be entitled to be so admitted and enrolled withoutfurther examination, and on payment of the like fees of admis-sion, and on complying with the same conditions as are requiredof other persons who have passed their examinations and paidtheir examination fees for the purpose of being admitted asso-ciates or fellows of the said Colleges respectively; and everyphysician or surgeon who upon such removal shall fail so toenrol himself, shall be struck off the register, and shall not berestored until he shall have so enrolled himself and shall havepaid such penalty for his default as to the Council of Health shallseem fit, not exceeding five pounds for each calendar month dur-ing which he shall have been so in default, and all such penaltiesshall be applied towards defraying the expenses of this Act; andfor this.purpose the fees of examination and fees of emolumentshall be kept distinct by each of the said Colleges.CLAUSE 20. LICENTIATES TO BELONG TO A COLLEGE OF

THE COUNTRY IN WHICH THEY PRACTISE.-And be it enacted,that every person registered in England as a general practitionershall be required to enrol himself as a fellow of the Royal Col-

, lege of General Practitioners in Medicine, Surgery, and Mid-wifery-of England; and every person registered in Scotland or

< Ireland as a general practitioner shall be required to enrol him-self as a licentiate of the Royal College of Surgeons in that partof the United Kingdom in which he shall have received hisletters testimonial; and every such person who shall afterwardsremove into any part of the United Kingdom, other than thatin which he obtained his letters testimonial, and shall practisethere as a general practitioner, shall be required to enrol himself-as a fellow or licentiate, as the case may be, of the College ofwhich he would have been admitted a fellow or licentiate, if hehad received his letters testimonial there, and in each case shall

..be entitled to be so admitted and enrolled without further ex- ’,amination, and on payment of the like fees of admission, and on ’,complying with the same conditions as are required of otherpersons who have passed their examinations and paid their ex- Iamination fees for the purpose of being admitted fellows or

licentiates of the said Colleges respectively; and for this purposethe fees of examination and fees of admission shall be kept dis-tinet by each of the said Colleges; and every general practi-tioner who upon such removal shall fail so to enrol himselfshall be struck off the register, and shall not be restored.until he shall have so enrolled himself, and shall have paidsuch penalty for his default as to the Council of Health shallseem fit, not exceeding five pounds for each calendar monthduring which he shall have been so in default; and all suchpenalties shall be applied towards defraying the expenses of thisAct..CLAUSE 21. QUALIFICATIONS AND FEES.&mdash;And be it enacted,

that the said several colleges shall, from time to time, when requiredby the Council of Health, prepare and lay before the said council ascheme or schemes of the course of study and particulars of theexamination to be gone through by all persons applying to suchcolleges respectively for letters testimonial as physician, or

surgeon, or general practitioner, and of the fees to be taken bythe said several colleges respectively; and the said council shallbe empowered to make from time to time such changes in any ofthe schemes so laid before them as to the said council shall seem’ expedient; and the said council shall endeavour to procure, as faras is practicable and convenient, that the qualifications and feesfor the said testimonials shall be uniform, according to the naturethereof, throughout the said United Kingdom: provided always,that no change shall be made by the said council in any schemeof the course of study or particulars of examination, unless noticeshall have been given at a previous meeting of the council,holden not less than fourteen days before the meeting at whichthe motion for such change shall be made, that at such meetingthe course of study or particulars of examination, as the casemay be, will be taken into consideration ; and the principal secre-tary of the council shall forthwith send a copy of the notice sogiven to every member of the council.

CLAUSE 22. RESTRICTION ON MEDICAL DEGREES.&mdash;And beit enacted, that after the passing of this Act, it shall not be law-ful for any university of the said United Kingdom to confer anydegree in the faculty of medicine, except by special licence ofthe Council of Health, upon any person, unless he shall havebeen matriculated in the same university, and shall have dulyattended the courses of public lectures prescribed by the sameuniversity to students of medicine, and delivered by duly

authorized professors, at the seat of the same university, or in

the case of the university of London, at some medical school re-cognised by and in connexion with that university, within fivemiles of Somerset House, in the parish of Saint Mary-le-Strand, in the city of Westminster, during at least two yearsafter he shall have been matriculated in the same university, andshall have been examined at some time before the grant of suchdegree by the proper examiners of such university, and foundby them to possess competent skill and knowledge of medicine,and of the sciences connected therewith ; and every diploma orcertificate of a medical degree granted by any such universityafter the passing of this Act, shall set forth distinctly the timewhich has elapsed since the matriculation of the person to whomsuch degree shall be granted, and the time during which, andplace where he shall have actually studied as aforesaid, and thefact that he has passed such examination as last aforesaid.CLAUSE 23. LICENTIATES IN THE FACULTY OF MEDICINE.

-And be it enacted, that it shall be lawful for any university ofthe said United Kingdom to grant the degree of licentiate in thefaculty of medicine, subject to the restrictions hereinbefore con-tained concerning medical degrees, to any student of the sameuniversity who shall have attained the age of twenty-two years,and shall have applied himself to medical and surgical studiesduring at least five years ; and that every such licentiate in thefaculty of medicine, being also examined and having receivedletters testimonial of his qualification in the manner hereinbeforeprescribed in the case of general practitioners, shall be entitledto be registered by the said Council of Health as a licentiate inthe faculty of medicine, with all the rights, privileges, andliabilities of a general practitioner, subject to such general regu-lations as shall be made by the said council concerning theregistry of general practitioners.CLAUSE 24. RESTRICTION ON By-LAws.-And be it enacted,

that no by-law to be made by any of the Royal Colleges ofPhysicians or Surgeons of England, Scotland, or Ireland respec-tively, or by the Royal College of General Practitioners in Medi-cine, Surgery, and Midwifery, of England, shall be of any forceuntil a copy thereof, sealed with the seal of the same college,shall have been laid before and approved by the said Council ofHealth.CLAUSE 25. REGISTRY OF STUDENTS.-And be it enacted,

that it shall be lawful for the said council to make regulations forensuring that in every city and town possessing a medical orsurgical school, an annual register shall be kept of all students ofthe several medical and surgical shools, whether connected withany university, royal college, hospital, or other public medicalor surgical institution in that city or town, and to authorize thetaking of a fee for such registration, not being more in each casethan two shillings and sixpence for each annual registration, andfor requiring all such fees to be remitted to the secretary of thesaid council, and returns to be made to them of the registrationof all such students, in such manner and form as the council shallthink fit, and all such fees shall be applied towards the expensesof this Act; and no medical or surgical student shall be ad-mitted to examination by any of the said colleges without cer-tificates of his having been duly registered conformably to suchregulations.CLAUSE 26. CONSTITUTION OF THE EXAMINING BODIES.&mdash;

And be it enacted, that where by this Act it is provided that theconcurrence of more than one body is required for qualifying anyperson to be registered by the said council, the examinationbefore such bodies for his degree, or letters testimonial, or both,may be conducted, either separately before examiners appointedby each body, or, subject to the approval of the Council of Health,and so long only as such approval shall be continued, before ajoint board of examiners, to be appointed by each body separatelyor conjointly, and the examiners shall be appointed in such num-ber, manner, and form, and shall hold their examinations at suchtimes and places as such bodies shall, with the approval of thesaid council, agree from time to time among themselves, or asshall be determined by the said council, with respect to any pointin which they shall not be agreed; and where there shall beseparate examinations on different subjects before examiners ap-pointed by each body, the subjects and fees of examination shallbe divided among such bodies as they shall from time to timeagree among themselves, or as the said council from time to timeshall determine, with respect to any point on which they shallnot be agreed.CLAUSE 27. FOR SECURING EFFICIENCY OF EXAMINATION.-

And be it enacted, that the Council of Health may from time totime require returns to be made, in such form, and including suchparticulars, as they shall think fit, respecting the examinations tobe conducted as aforesaid, and it shall be lawful for any memberof the said medical and surgical board, deputed by the council forthat purpose, or for any member, or secretary of the said council,being in either case a physician, surgeon, or general practitioner,

595

to be present at any of the said examinations, and report to thesaid council; and if the council shall, upon such report or other-wise, be of opinion that the regulations prescribed by them forthe examination and grant of letters testimonial as physician,surgeon, or general practitioner, have been infringed, evaded, orneglected by any of the said examining bodies, it shall be lawfulfor the said council to refuse to register upon the testimonials ofthe body so in default, until the same be amended to the satisfac-tion of the said council.CLAUSE 28. NONE BUT THOSE REGISTERED TO BE APPOINTED

TO PUBLIC SITUATIONs.-And be it enacted, that, subject to thereservations hereinafter contained, no person, after the passing ofthis Act, who is not registered by the said council, shall be ap-pointed to any medical or surgical office in any hospital, prison,infirmary, dispensary, school, workhouse, or other public insti-tution in the said United Kingdom, or for the relief of the poor,or to any medical or surgical office in her Majesty’s army ornavy, or in the service of the Honourable East India Company,except in India, natives of India duly qualified according to suchlaws or regulations as are or shall be made in that behalf by theGovernor-General in council; and wherever by law it is pro-vided that any Act shall be done by a physician or surgeon, ormedical or surgical practitioner, by whatever name or title called,such provision shall be construed, after the passing of this Act, tomean a person qualified to be appointed to such medical or sur-gical offices as aforesaid ; and the Council of Health shall be em-powered, from time to time, to make regulations for specifyingwhat institutions are to be considered public institutions withinthe meaning of this Act.CLAUSE 29. PRIVILEGES OF PERSONS REGISTERED.-And be

it enacted, that all persons who shall be registered by the saidcouncil as physicians, surgeons, or general practitioners, shall beexempt; while registered and practising as such, from being sum-moned or serving on all juries and inquests whatsoever, and fromserving all corporate, parochial, ward, hundred, and townshipoffices, but, subject to the reservations hereinafter contained, noperson shall be entitled to such. exemption, on the ground of hispractising medicine or surgery, who is not so registered, nor shallthe- certificate of any such unregistered person, given after thepassing of this Act, be received as the certificate of a medical orsurgical practitioner in any court of law, or in any case in which ’,by law the certificate of a medical or surgical practitioner is Irequired.CLAUSE 30. REGISTERED PHYSICIANS MAY PRACTISE

THROUGHOUT THE UNITED KINGDOM. 14 & 15 HEN. Till, C. 5.-And be it enacted, that all persons who shall be registered bythe said Council as Physicians, shall be entitled, without otherlicence than such registry, to exercise or practise physic through-out the United Kingdom of Great Britain and Ireland, and in allother parts of her Majesty’s dominions, and shall be deemedqualified to be appointed physicians to any public or local insti-tution therein, and shall be exempt from being sued, or liable toany penalty under the provisions of an Act passed in the sessionof Parliament holden in the fourteenth and fifteenth years of thereign of King Henry the Eighth, intituled, " The Privileges andAuthority of Physicians in London," or under the provisions ofany other Act of Parliament passed or Charter granted before thepassing of this Act in restraint of the practice of physic, or theappointment of physicians in any place, or to any office, withoutsuch examination, certificate, licence, or qualification, as is men-tioned in such Act or Charter respectively.CLAUSE 31. CLAUSE (C.) REGISTERED SURGEONS MAYPRAC-

TISE THROUGHOUT THE UNITED KiNGDOM.&mdash;And be it enacted,that all persons who shall be registered by the said Council assurgeons shall be entitled, without other licence than such registry,to exercise or practise surgery throughout the United Kingdomof Great Britain and Ireland, and in all other parts of her Majesty’sdominions, and shall be deemed qualified to be appointed sur-geons to any public or local institution therein, and shall be ex-empt from being sued or liable to any penalty under the pro-visions of the said Act, passed in the session of parliament holdenin the fourteenth and fifteenth years of the reign of King Henrythe Eighth, or under the provisions of any other Act of parliamentgranted before the passing of this Act, in restraint of the practiceof surgery, or the appointment of surgeons in any place or to anyoffice without such examination, certificate, licence, or qualifica-tion, as is mentioned in such Act or Charter respectively.CLAUSE 32. REGISTERED GENERAL PRACTITIONERS QUALI-

FIED TO CHARGE FOR IEDICINES AND ATTENDANCE, AND TO FILLMEDICAL AND SURGICAL OmcES.&mdash;And be it enacted, that allpersons who shall be registered as general practitioners by thesaid council shall be entitled to demand and take reasonable feesfor medical and surgical advice and attendance, and for medicinesprescribed or administered by them to their patients throughoutGreat Britain and Ireland, and in all other parts of her Majesty’s

dominions, without other licence than such registry, and shall be’exempt from being sued or liable to any penalty under the pro-visions of any Act of parliament passed or Charter granted beforethe passing of this Act, in restraint of the practice of medicine orsurgery, or the appointment of medical or surgical practitioners, .in any place, or to any office, and shall be deemed qualified to beappointed medical or surgical attendants to any public or localinstitution in all parts of her Majesty’s dominions, without suchexamination, certificate, licence, or qualification, as is mentionedin such Act or Charter respectively.CLAUSE 33. PERSONS NOW PRACTISING MAY BE REGISTERED

]IN A SUPPLEMENTAL REGISTER.-Provided always, and be it’enacted, that during twelve calendar months after the passing ofthis Act, every person legally practising or entitled to practise onthe day before the passing of this Act as a physician, surgeon, orapothecary, in any part of the United Kingdom of Great Britainand Ireland, and during the period of two years after the passing ’of this Act, every person legally practising or entitled to practiseon the day before the passing of this Act as a physician, surgeon,or apothecary, in any of her Majesty’s colonies and foreign pos- ’sessions, although not registered, shall continue to enjoy the sameprivileges and exemptions, and be qualified to be appointed tothe same offices, and to practise in the same manner as it this Act’ ‘had not been passed, and no further or otherwise, unless registeredunder this Act; and the said council, on the application, at anytime, of any person legally practising or entitled to practise, onthe day before the passing of this Act, as a physician, surgeon, orapothecary, in any part of the said United Kingdom, shall causethe name of such person to be registered in a supplementalregister, as a physician, surgeon, or apothecary, as the casemay be, specifying the nature of his qualification, and whencederived, on production to the said council of his diploma, licence,or certificate, or such other proof as shall be satisfactory to thesaid council, that on the day before the passing of this Act he wasso practising or legally entitled to practise, and on payment of a’fee of five shillings, which fees shall be applied towards the ex-’penses of this Act; and every such person, upon being so regis-’tered, shall continue to enjoy the same privileges and exemp-tions, and be qualified to be appointed to the same offices, and topractise in the same manner as if this Act had not been passed,and no further or otherwise.CLAUSE 34. NONE BUT REGISTERED GENERAL PRACTI-

TIONERS OR THOSE ALREADY PRACTISING MAY RECOVER

CHARGES.&mdash;And be it enacted, that after the passing of this Act,no person shall be entitled to recover any charge in any court oflaw for any medical or surgical advice, attendance, or operation,or for any medicine prescribed or administered by him, unless heshall prove upon the trial either that he is registered as a generalpractitioner under this Act, or that before the passing of this Acthe was legally practising or entitled to practise in the capacityin which he claims such charge, and if this Act had not beenpassed would have been entitled to recover such charge in thatcapacity.CLAUSE 35. PENALTY ON UNQUALIFIED PERSONS FOR PRAC"

TISING IN PUBLIC OFFICEs.-And be it enacted, that every per-son appointed after the passing of this Act to any medical or sur-gical office for which he is not qualified, according to the pro-visions of this Act, and who shall wilfully and knowingly act orpractise in such office, shall for every such offence forfeit the sumof twenty pounds, to be recovered by action of debt or informa-tion to be brought in any of her Majesty’s Courts of Record atWestminster, or in the Court of Exchequer in Scotland, or inDublin, within six calendar months next after the commission ofthe offence, in the name of her Majesty’s attorney-general inEngland or Ireland, or of the lord advocate in Scotland.CLAUSE 36. CLAUSE (D.) PENALTY ON UNQUALIFIED PER-

SONS PRACTISING AS APOTHECARIES.&mdash;And be it enacted, thatevery person who after the passing of this Act shall act or prac-tise as an apothecary in any part of England or Wales, withouthaving been registered by the said Council of Health as a generalpractitioner in medicine, surgery, and midwifery, shall for everysuch offence forfeit and pay the sum of twenty pounds, to be ap-plied to the use of the said College of General Practitioners inMedicine, Surgery, and Midwifery, and to be recovered by thesaid College by action of debt in any of her Majesty’s Courts ofRecord at Westminster.CLAUSE 37. CLAUSE (E.) SAVING THE RIGHT OF QUALIFIED

APOT]IIIECARIEs.-Providecl always, and be it enacted, that nothingin this Act contained shall extend to render any person liable to

any penalty for acting or practising as an apothecary in anypart of England or Wales, who was actually practising as anapothecary on the first day of August in the year one thousandeight hundred and fifteen, or who before the passing of this Actshall have obtained a certificate of qualification to practise as anapothecary from the Court of Examiners of the Society of

596

Apothecaries of the city of London, or who shall have acquiredthe right of practising as an apothecary by virtue of an Actpassed in the sixth year of the reign of King George the Fourth,(6 Geo. 4, c. 133,) intituled, " An Act to amend and explain anAct of the fifty-fifth year of his late Majesty, for better regu-lating the practice of Apothecaries throughout England and’Vales."CLAUSE 38. PENALTY FOR FALSE PRETENCES OF QUALIFI-

CATION.&mdash;And be it enacted, that none but persons registered asphysicians shall use the title of Doctor, and that every unregis-tered person who shall wilfully and falsely pretend to be, or takeor use the name or title of physician, doctor, bachelor, or licen-tiate in the faculty of medicine, or surgeon, or general practi-tioner or apothecary, or any name, title or addition implyingthat he is registered under this Act, or recognised by law as apbysician, or surgeon, or apothecary, or practitioner in medi-cine, surgery, or midwifery, and also every registered personwho shall take or use any name or title belonging to a class inthe registry to which he does not belong, or implying that he isa fellow or associate of any college to which he does not belong,shall be deemed guilty of a misdemeanor in England andIreland, and in Scotland of a crime and offence, and beingconvicted thereof, shall be punished by fine or imprisonment,or both, as the court before which he shall be convicted shallaward.CLAUSE 39. PERSONS GUILTY OF FELONY OR FRAUD TO

BE STRUCK OFF THE REGISTER. - And be it enacted, that ifany registered physician, surgeon, or general practitioner shallbe convicted in England or Ireland of any felony, or in Scotlandof any crime or offence inferring infamy, or the punishment ofdeath or transportation; or if it shall be found by the judgmentof any competent court that any such physician, surgeon, orgeneral practitioner, shall have procured the registry of his nameby any fraud or false pretence, or that any such physician,surgeon, or general practitioner has wilfully and knowinglygiven any false certificate in any case in which by law the certi-ficate of a physician or surgeon is required, it shall be lawful forthe Council of Health, on production before them of a copy orextract of the conviction or judgment of the court, duly certifiedunder the hand of the proper officer of the court, to cause thename of such physician, surgeon, or general practitioner, to beerased from the register; and every person whose name shallhave been so erased after such conviction or judgment as afore-said, shall thereby forfeit and lose all the privileges of a regis-tered physician, surgeon, or general practitioner, as the case maybe, and shall not be entitled to have his name again inserted inthat or any subsequent register, without the special licence ofthe Council of Health, on the recommendation of the college ofwhich he was a fellow, associate, or licentiate, and shall alsocease to be, and shall be disqualified from becoming, while hisname shall continue so erased, a fellow, associate, member, orlicentiate, as the case may be, of any royal college of physicians,or surgeons, or general practitioners, in any part of the saidUnited Kingdom.CLAUSE 40. SAVING THE PRIVILEGES OF OXFORD AND CAM-

BRIDGE.&mdash;Provided always, and be it enacted, that nothing inthis Act shall deprive either of the Universities of Oxford andCambridge of the unrestricted right of granting degrees in medi-cine, or physic, and diplomas thereof, and licences to practisemedicine or physic in conformity with their respective charters,statutes, laws, and regulations ; and that the said degrees,diplomas, and licences shall severally confer the same rights andprivileges as heretofore, and that the persons to whom theyshall be granted shall, in every part of England not within the cityof London, or within seven miles of the said city, possess all theprivileges of physicians registered under this Act ; and thatnothing in this Act shall alter or give any power of altering thecharters, statutes, laws, and regulations of the said Universities ofOxford and Cambridge or either of them.CLAUSE 41.-And be it enacted, that this Act may be amended

or repealed by any Act to be passed in this session of parlia- ’,ment. ’,

BRITISH MEDICAL ASSOCIATION.

EXETER HALL, TUESDAY, MAY 21.&mdash;DR. WEBSTER IN THE CHAIR.

THE TREACHEROUS CONDUCT OF THE HANOVER-SQUARECOMMITTEE.

THE first meeting of the Council of this Association (the oldestof all the medical reform societies) since the chairman becamethe ex-officio" representative" of its Council in the Committee ofthe Hanover-Square Association, was held this evening. The

subject of discussion was the amended Bill of Sir JAMES GRAHAM.

Besides Dr. WEBSTER, there was another member of the NationalAssociation Committee present-viz., Mr. SEPTIMUS READ, ofJewin-street. Those two gentlemen are now no longer in thedark as to the feelings of the profession regarding the treacherousconduct of the body to which they belong. Throughout the dis-cussion, the actions of that Committee were strongly, bitterly,and indignantly condemned. The expressions of reproach wereof the most significant character. The chairman found himselfwithout any other supporter than his brother committee-man.There was exhibited a fine specimen of that noble, independent,and high-minded spirit which has so often been characteristicof the conduct of British surgeons on public occasions. With

hardly an exception, all the gentlemen present had supported theproceedings of the Committee at the public meeting held at theHanover-square Rooms on the 14th of March, but they nowspoke of the conduct of that body under the influence of thestrongest feelings of disgust. The practitioners whose indignantire had been excited at the disgraceful approval, by the Committee,of the Charter and the Medical Bill, which will inflict the mostirreparable injury on an enormous majority of the surgeonsof this country, will never submit to be placed in a degradedposition, and forced from their College to join another,-one ofsubordinate rank. The most unqualified condemnation of the Bill,the proposed new Charter, and the proceedings of the Committee,were expressed by Mr. Evxs, (the treasurer of the Association,and surgeon of the Southwark Union,) Mr. HoopER, (one of thesurgeons of the Queen’s Bench Prison,) Mr. EALES, of Parlia-ment-street, (one of the founders of the Association,) Mr. BoT-TOMLEY, of Croydon, (whose great skill in practical surgery hasoften been proved,) and Mr. CRISP, of Walworth, whose nume-rous contributions to medical science are well known, and whowon the last Jacksonian prize at the College of Surgeons. Such

were some of the surgeons by whom Dr. WEBSTER and Mr.READ, the two Hanover-square committee-men, were surrounded,and whose pungent denunciations of the disgraceful conduct ofthat Committee neither Dr. WEBSTER nor Mr. READ can soon

forget. Mr. EVANS considered that Dr. WEBSTER ought atonce to resign, and withdraw from the Committee. Mr. BoT-

TOMLET, Mr. CRISP, Mr. HOOPER, and Mr. EALES, decidedlythought that it would be better to give up the Medical Bill andthe Charter altogether, to relinquish them for ever, than to re-ceive them in a form in any degree resembling that in which they,now stand.

After a most animated discussion, which continued until nearlyeleven o’clock, the debate was adjourned to Tuesday eveningnext, when resolutions condemnatory of the Bill and Charter areto be proposed.

THE AGGREGATE MEETING.

TO GEORGE JAMES GUTHRIE, ESQ.

Sin,&mdash;Permit me, without either preface or apology, to offeryou the trifling tribute of my thankfulness and esteem for thestraightforward and manly course you have adopted relative tothe Charter lately granted to the College of Surgeons.You have nobly stepped forward from the ranks of the coun-

cil, and bravely thrown down to them the gauntlet of defiance, onbehalf of the insulted thousands who are members of the college.Strange, then, indeed, will it be if they do not volunteer to yourcall, and boldly carry on the onslaught you have commenced indefence of their citadel and their home.When I say that you have earned and deserve the lasting gra-

titude of every member of the college, I express, I am sure, notonly my individual opinion, but that of many gentlemen in otherparts of England with whom I have communication. For them,then, and for myself, I would earnestly entreat you to carry onthe contest; the cause is a noble one, and will well repay yon.Of this, too, I am sure, that the enfranchisement of the membersof the college,-the hearty desire, I believe, of the majority,-instead of impeding the progress of surgery, as the council inti-mate, would be the means of rewarding the labourer for his in-tellectual toil, and give an impetus to the science, the result ofwhich it would be difficult to calculate.