Medical Jurisprudence, Volume 1 (of 3)Paris, John Ayrton
Science
Medical Jurisprudence, Volume 1 (of 3)
Paris, John Ayrton
Medical laws and legislation -- Great Britain
For the power of Corporations to make reasonable Bye Laws, See _Kyd_
on Corporations; how far they may bind Strangers. ib. 103. _Cowper_,
269; they must not be in diminution of the King’s prerogative, or to
restrain suits in the King’s Courts; 19 _Hen._ 7. c. 7. nor to extend
to imprisonment or forfeiture of goods. Magna Charta. 2 _Inst._ 47,
54. _Kyd_, 156. But see also 5 _Mod._ 320; but they may inflict a
penalty to be recovered by action or distress; 5 _Co._ 64. _Kyd_, 156.
And this power to make Bye Laws, is incident to all Corporations,
though it be not given by any special clause. _Co. Lit._ 264. _Ld.
Hob._ 211. _Carth_ 482. 3 _Leon_ 39. A bye-law, giving a casting vote
to the senior, if the charter requires a majority, is bad. _King v.
Ginever._ 6 T. R. 732. As to the other points, respecting elections,
see _the King against the Mayor of Durham_, in Lord _Kenyon’s
Reports_, by _Hanmer_, _p._ 112. And generally, 1 T R 118: 2 T R 2: 6
T R 732, 736: 7 T R 543: 8 T R 356: 1 _H. Blackstone_ 370: 12 _East_
22: 3 _East._ 186: 3 _Bos and Pull_ 434. A bye law must be reasonable,
if not it is bad, 1 _Salk_ 143: 11 _Co. R._ 53: _Moore_ 412, 576: _Ld.
Kenyon by Hanm._ 500. As to the mode of making bye Laws _Ld. Raym._
496: 2 _P Wms._ 209: _Comb._ 269: 1 _Str._ 385, we have been
particular in citing authorities on this subject, as it is a continual
source of litigation with all Corporations: as respects the College of
Physicians, we shall have occasion in another place to refer more
particularly to the case of _the King_, (at the instance of Dr.
_Stanger_) _against the Coll. of Phys._ T. R. 282, in which this power
was very ably argued and determined.
Footnote 83:
The name of Thomas Bonham also occurs about the same period among the
signatures of several Surgeons. See Goodall.
Footnote 84:
A degree in either of the Universities is a good addition in pleading
within the Statute of Additions. 1 _Hen._ 5. _c._ 5. See 2 _Inst._
668. 1 _Bl. Com._ 405.
Footnote 85:
This forbidding is not absolutely necessary, but _ex abundanti
cautela_ is expedient.
Footnote 86:
This custom of amercing for unlicenced practice appears to have been
very commonly adopted by the College: (see Goodall’s Proceedings,) it
was undoubtedly erroneous, but as it was less expensive to the parties
so fined than a suit for five pounds a month, according to the
Statute, of which the defendant must have paid the costs, it was very
generally acquiesced in till 1622, when the above trial took place.
Footnote 87:
Public-domain text, read in full here on John Shaqi.
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