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.