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
And this has been determined by subsequent authorities, that the
exception of Graduates of the two Universities of Oxford and
Cambridge, in the concluding clause, applies to persons practising in
all England, except the privileged district of the City of London, and
seven miles circuit, which is in the peculiar and exclusive
jurisdiction of the College of Physicians, in which no person
whatsoever may practise under any pretence whatsoever except by their
licence. See _Coll. v. West._ 10 _Mod._ _p._ 353.
Footnote 88:
For the power of punishment for Mala Praxis, Vide Post.
Footnote 89:
The King is _Creditor Penæ_, and therefore all fines for offences
belong to him. _Viner. tit_ action _Qui Tam_ (A) 10. The fines are
however granted to the College by the Charter of _James_. Vide Supra.
Footnote 90:
But contra, see the opinion of Chief Justice _Holt_.
Footnote 91:
This must be strictly laid in the declaration, for in the case of the
College against Bush, 4 Mod. 47, an exception was taken to the
Declaration, “that the defendant practised Physic in Westminster,”
without stating that Westminster is within seven miles, &c. and the
defendant had judgment. See also 12 Mod. 10.
Footnote 92:
For the same case see also Brownlow, part 2. Merrett’s Collec. p. 79.
Footnote 93:
See same case, 5 _Mod._ 327: 2 _Salk._ 451, and cases there cited.
Footnote 94:
See also _the King and the President and College of Physicians against
Marchmont Neadham_. _Trin. Ter._ 28 _Car._ 2. B. R. _Goodalls Pro._
273. _Coll. of Phys. v. Bugge_, 15 _Car._ 1. _Scacc. Mag. Rot._ 23,
_Car._ 1; _Goodall_ 259. _Coll. v Bourne_, 24 _Car._ 2: _Coll. v
Harder_: _Coll. v Merry_: _Coll. v Stone_, 35 _Car._ 2: _Goodall_ 275.
_Coll. v Levett_, 1 _Ld. Raym._ 472: _v Salmon, ib._ 680: _v Talbois.
ib._ 153: _v West. ib._ 472: _Coll. v Tenant. Jones_ 262. _Dr. Trigg v
the Coll. Stiles Rep._ 329.
Footnote 95:
Doctor Butler was defendant, though first mentioned in this Report,
the decision being in the King’s Bench, on error of a judgment in the
Common Pleas for the original cause. _Coll. of Phys. v Butler_, See
_Sir W. Jones, Rep._ 261: _Littl. R._ 168, 212, 244, 349.
Footnote 96:
Public-domain text, read in full here on John Shaqi.
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