Medical Jurisprudence, Forensic medicine and Toxicology. Vol. 1 — John Shaqi
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
In Thornton’s case (8 Term Rep., 303; same case, 3 Esp., 4), it was
held that the mere production in court of a diploma under the seal
of one of the universities, is not of itself evidence to show that
the person named in the diploma received the degree which the diploma
specified. In another and later case, however, Simpson _v._ Dunmore
(9 M. & W., 45; same case, 5 Jurist, 1012), it was held that it was
unnecessary for the person producing a license from the Apothecaries’
Company (an incorporated body) to practise as an apothecary, the seal
on which license was proved to be genuine, to give any additional
evidence of his identity with the person named in the license. The
reason for this doctrine is probably to be found in the well-known rule
of evidence, that identity of both christian name and family name, is
sufficient to raise a presumption of fact that the person bearing the
name is the identical person so named in any written instrument.
In Walmsley _v._ Abbott (1 K. & P., 309; same case, 5 D. & R., 62),
proof of the signature of one of the examiners who signed a certificate
of examination was held sufficient to warrant the acceptance of the
certificate in evidence in the first instance. In another case the
proof was that a person previously a stranger to the place went to a
town which was the seat of a university, and was told that a certain
building was the college, and that a certain person whom he saw there
was the librarian, and that this librarian showed him what purported
to be the seal of the university, and also a book which the librarian
stated was the book of acts or records of the university, and the seal
so shown him was compared with the seal of a certain diploma, the
genuineness of which was in question, and a copy was made from the said
book of acts, of an entry stating that the degree of M. D. had been
conferred by the university upon a person bearing the same name as that
in the diploma, and this proof was held a sufficient authentication of
the diploma, and of the act or authority of the university conferring
the degree. Collins case, 1 Addison & Ellis, 695; same case, 3 N. & M.,
703.[159]
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