Medical Jurisprudence, Volume 3 (of 3)Paris, John Ayrton
Science
Medical Jurisprudence, Volume 3 (of 3)
Paris, John Ayrton
Medical laws and legislation -- Great Britain
good law, for there an inhabitant of Tottridge was charged to the poor
of Hatfield; and the justices of the peace have power to award a
distress, where a person is assessed to the poor of the parish where he
hath land or is an inhabitant; but where he is charged to the relief of
another parish there the case is beyond their jurisdiction. But if the
cause of the commitment were traversable yet the plea of the defendants
here is good, for it shews with certainty in what the ill-administration
of the physic consisted viz in the use of unwholesome drugs: and
although it is not said what drugs he used, it is no matter, for how
shall we be informed whether he has shewn them. In an action against a
surgeon for an inartificial cure the plaintiff does not shew what
plaisters the defendant used. As to what hath been said that the plea
does not shew for what malady the medicines were given; it was answered
that it would be so much the worse if the medicines were given when the
party had not any malady at all. And although it is not said that the
witnesses upon whose testimony the fine was imposed were upon oath, yet
the plea is sufficient; for it may be that it was not necessary that
they should be sworn or if it were needful the omission of it is not
such as will make their proceedings void. In such a special jurisdiction
in which the proceeding is to be in a summary manner it is not needful
to observe all the circumstances which are necessary in other legal
proceedings.—Judgment for the defendants.
The College of Physicians versus Dr. West.
(from 10 Mod. 358.)
The Question was, whether a Man, that had taken his Degree of Doctor of
Physick, in either of the Universities, might not practise in London,
and within seven miles of the same, without a Licence from the College
of Physicians.
The Court clear of Opinion, that a Licence from the College was
necessary; and that by reason of the Charter of Incorporation, confirmed
by 14 & 15 Hen. 8. cap. 5. penn’d in very strong and negative words.
As to the Testimonials granted by the Universities upon a Person’s
taking the Doctors Degree; the Court was of Opinion, That these
Testimonials might have the Nature of a Recommendation; they might give
a Man a fair Reputation, but conferr’d no Right; and consequently all
those Statutes, which have confirmed the Privileges of the Universities,
could revive or confirm nothing but the Reputation, that this
Testimonial might give such Graduates.
And whereas it has been insisted, That by the last Clause of the
Statute, it is said, That none shall practise in the Country without a
licence from the President and three Elects, unless he be a Graduate of
one of the Universities, it was said all the inference from that would
be, That possibly two Licences may be necessary where a person is not a
Graduate.
In the Case of Dr. Levet, Lord Chief Justice Holt did not think this a
Question worth being found specially.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account