Medical Jurisprudence, Forensic medicine and Toxicology. Vol. 1Witthaus, R. A. (Rudolph August)
Science
Medical Jurisprudence, Forensic medicine and Toxicology. Vol. 1
Witthaus, R. A. (Rudolph August)
Medical jurisprudence; Poisons; Toxicology
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:
1. A license to practise physic, surgery, and midwifery, or either,
within Upper Canada under the acts of Upper Canada, 59 G., III., c. 13,
and 8 G., IV., c. 3, respectively.
2. A license or diploma granted under 2 Vict., c. 38, or under the
Consolidated Statutes for Upper Canada, c. 40, or any act amending the
same.
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