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WILFUL AND MALICIOUS COMPLAINT.-If the court before which the trial is had shall determine that the complaint to the district attorney was wilful and malicious and without probable cause, it shall enter judgment against the person making the complaint for the costs of the action, and payment may be enforced by execution against his body as in tort actions (ib.).

DEFINITION.-The words immoral, dishonorable, or unprofessional conduct mean: (1) procuring, aiding, or abetting a criminal abortion; (2) advertising, either in his own name or in the name of another person, firm, association, or corporation, in any newspaper, pamphlet, or other written or printed paper or document, in an obscene manner, or in a manner derogatory to good morals, the curing of venereal diseases, the restoration of lost manhood, or the advertising of any medicine or any means whereby the monthly periods of women can be regulated, or the menses reëstablished, if suppressed, or being employed by or in the service of any person, firm, association, or corporation so advertising; (3) the obtaining of any fee on the assurance that a manifestly incurable disease can be permanently cured; (4) wilfully betraying a professional secret; (5) indulging in the drug habit; (6) conviction of any offense involving moral turpitude (ib.).

UNITED KINGDOM OF GREAT BRITIAN AND IRELAND.

(See supra, p. 542.) BRITISH POSSESSION.- For the purposes of the Medical Act, 1886, where any part of a British possession is under a central and also under a local legislature, his Majesty may, if he thinks fit, by order in council, declare that the part which is under the local legislature shall be deemed a separate British possession.

(Act of August 11th, 1905, ch. 14, amending 49 and 50 Vict., c. 48, s. 27, and styled “The Medical Act [1886] Amendment Act, 1905").

(See supra, p. 558.) On the use of a registered predecessor's name on the sign of an unregistered dentist, in connection with the name of the latter, see Brown v. Whitlock, 67 J. P., 451 (1903), where the use in the particular case was held not unlawful.

On use of title “ Institute" by a dentist see Panhaus o. Brown, 68 J. P., 435 (1904).

ALBERTA.

The Province of Alberta was constituted from a part of the Northwest Territories and inaugurated late in 1905 after this article was in press. (Canada Laws, 1905, c. 3.) See Northwest Territories, supra, p. 619. The Acting Deputy Attorney General of the Province states that there has been Do change in the medical law since the Northwest Terrtories ordinance of 1903.

BRITISH COLUMBIA. (See p. 579.)

The object of the Imperial Medical Act of 1868 is stated in its preamble, to enable persons desiring medical aid to distinguish qualified from unqualified practitioners. The same object is expressed in the preamble of the first British Columbia statute, 1867. All of the amendatory Imperial and British Columbia acts should be construed with reference to this object. Metherell 0. Medical Council, 2 Br. Col., 186 (1892).

One whose rights accrued under the Imperial statute of 1868 was not affected by the subsequent modification of 1886 (ib.). History of the British acts, respecting practice in British dependencies (ib.). History of British Columbia legislation on the same subject (ib.). The Imperial Act is controlling in the province (ib.). The Council should make rules to carry out the provisions of the Imperial act operative in the province; if it does not, a mandamus should issue to one entitled to registration in British Columbia under the Imperial act (ib.); the right of a Canadian practitioner to registration in England, and the meaning of British Possession are discussed obiter in this case.

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By Act 48 of 1905, sec. 1,068 of the revised laws was amended to read substantially as follows:

QUALIFICATION -OSTEOPATHY.—No person shall practise medicine or surgery in the Territory either gratuitously or for pay, or shall offer to so practise, or shall advertise or announce himself, either publicly or privately, as prepared or qualified to so practise without having first obtained from the treasurer, under the seal of his department, a license [in the form prescribed) which shall only be granted on the written recommendation of the board of health, provided that licenses to practise osteopathy may be granted to graduates holding diplomas from any legally chartered and regularly conducted school or college of osteopathy; and further provided that a certificate to practise osteopathy has first been obtained from the State board of osteopathic examiners of California until there is an osteopathic board of examiners appointed for Hawaii; and provided further that the practice of medicine as contemplated and set forth in this act shall not be construed to exclude the use of any method or means or any agent, either tangible or intangible, by any person licensed to practise osteopathy for the treatment of disease in the human subject; provided that no person so licensed to practise osteopathy shall, by reason thereof, be authorized to administer drugs or medicines.

Any person applying for a license to practise osteopathy shall first file with the treasurer a certified copy of such diploma and satisfactory evidence that the applicant is a fit and proper person to be so licensed to practise osteopathy, and file with the president of the board of health a certificate from the board of osteopathic examiners of California, certifying that the applicant has passed the required examination and is entitled to practise osteopathy in that State (Law 1905, No. 48, § 1).

FEE.-No license shall be granted under this section unless the applicant pay an annual fee of $10 (ib.).

SYNOPSIS OF THE SUBJECTS

TREATED IN THE NOTES TO THE LAWS REGULATING

THE PRACTICE OF MEDICINE.

[The subjects treated in the statutes are indicated in the Synopsis of the Laws by their titles, e.g., BOARD OF MEDICAL EXAMINERS, QUALIFICATIONS, etc.)

1

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PAGE NOTE ADVERTISEMENT-as evidence

of unlawful practice
(D. C.)...

216
power of board to de-

termine its character
(Mo.).

694 D. not evidence unless

traced to accused
(Wash.)...

520 3 ADVERTISING—is not practis

ing medicine (D. C.). 216 1 spectacles, is not practis

ing medicine (Ill.)... 240 2 mechanical devices, is

not practising medi-
cine (Ill.)...

240 2 may not be forbidden by

Board (Mo.)... 694 does not preclude admis

PAGE NOTE AGREEMENT. See CONTRACT. ALASKA, its license fee, a local

and not a federal tax..... 183 1 ALLOPATHIC SCHOOL OF MED

ICINE—the only legal
school in New York
prior to 1844(N. Y.).. 388 1

392 1
rights in New York since
1844.

392 1 would not recognize nor

license osteopath (N.
C.).....

405 1 to limit practice to mem

bers of this school,
unconstitutional (N.
C.)......

405 1 board may be composed

solely of allopaths
(Tex.).

489

2 favoritism in organiza

sion to medical society
(N. Y.).

392 1
as doctor, no offence (N.
C.)....

410 3 when basis for erasure of

name (Gr. Br.). ..... 549 3 is not of itself disgraceful (Ont.).

640 3 may be disgraceful on

account of its nature
(Ont.). ..

640 3 AFFIDAVIT to obtain capias,

for services, must show physician duly registered (N. B.). ..

611 1
AFFIDAVIT. See COMPLAINT.
AGENCYother agency de-

fined, noscitur a sociis
(N. J.)...

379 3
other agency discussed
(O.)..

416 1
AGENT. See ASSISTANT.
AGREEMENT for judgment on

appal, in favor of appli-
cant refused license (Ind.) 247 1

tion of board not un

constitutional (Tex.). 704 ALLOPATHIC SCHOOL OF MED

ICINE. See SCHOOL OF

MEDICINE.
APOTHECARY — distinguished

from practitioner of

physic (N. Y.)....... 404 2 acting as physician, un

licensed, not entitled
to recover for medi-

cines (N. Y.). ....... 404 2 English law respecting

(Gr. Br.)... 542 1 apothecaries' act not

repealed by medi

cal acts (Gr. Br.). 565 4 is not physician (Gr. Br.) 546 3 effect of Sec. 31 Medical

Act upon provisions of
Apothecaries' Act (Gr.
Br.).....

551 1 right to practise, and to

PAGE NOTE

PAGE NOTE

en

N

1

(APOTHECARY, con.)

recover compensation
(Gr. Br.).

551 1
what it covers (Gr.
Br.).

556 1 defined (Gr. Br.)

556 1 evidence that a person

supplied medicines not
evidence that he prac-
tised as apothecary
(Gr. Br.)..

556 1 unlicensed, cannot

force agreement in re-
straint of practice (Gr.
Br.).

556 1 unqualified person may

carry on business
through qualified as-

sistant (Gr. Br.)... 557
is not physician: to call

himself such is fraud
(Gr. Br.).

559 1 differentiation from phy

sicians and surgeons
(Gr. Br.).

564 2 its meaning in Ontario

differs from that in

England (Ont.). ... 645 2 its meaning in England (Ont.).

645 2 partnership with physician (Ont.)

645 2 APOTHECARIES' COMPANY

(Eng.), its history (Gr.
Br.)..

565 3 its rights respecting

compounding of medi-
cines, by licentiates
of College of Physi-

cians (Gr. Br.).... 5601 licentiate of College of

Physicians may be-
come licentiate of (Gr.
Br.)...

560 1 history of its exami

nations (Gr. Br.)..... 560 1 APOTHECARIES' HALL, Dub

lin, its powers (Gr. Br.)... 568 3 APPEAL—not sole course of

one unlawfully

fused license (Idaho). 689 practice in Illinois... 242 2 in Indiana ..

247 1 none in Iowa from Board's

action standing of College... 260 3 from revocation—if com

(APPEAL, con.)

not nugatory because no

procedure prescribed
(Mont.)...

314 1 restoration after improp

er dismissal (Mont.).. 344 1 practice pending appeal

from refusal or revoca-
tion (Mont.)

344 2 in Montana

345 1,2 stay, pending (Mont.). . 345 3 reversal of revocation,

should cause reversal

of conviction (Mont.). 346 conviction will not be

plaint insufficient, revocation reversed (Mont.).

343 2

sustained, if offence
charged was not
proved, though an-
other offence proved
(N. Y.). . .

402 5
from revocation (Or.).. 444
by Board of Examiners

(Or.). .
defect of parties not

raised for first time on
appeal (Or.).

444
practice (Or.).

444 costs (Or.). .

444
practice pending (Or.). . 444
from revocation though

charges not sustained
(R. I.)..

467 3 from revocation though

charges not sustained

-trial de novo (R. I.), 467 3 answer not required (R. I.). ...

467
from decision of General

Medical Council (Gr.
Br.).......

549 1

549 3 conviction quashed if no

evidence of offence,

otherwise not (Ont.). . 648 2 APPEAL. Ssee CONVICTION. APPLIANCES — furnished by

unlicensed practitioner
-he cannot
therefor (Ga.)

225 1 other appliance, defined:

noscitur a sociis (N.
J.)....

379 3 ASSIGNEE in insolvency-not

entitled to assignor's di-
ploma (Gr. Br.).

545 1 ASSISTANT-of registered

physician,must be reg-
istered (Neb.) ....... 357 5

358 1 not restrained from prac

recover

re

on

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