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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  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).
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.
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.)
PAGE NOTE ADVERTISEMENT-as evidence
of unlawful practice
termine its character
694 D. not evidence unless
traced to accused
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-
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
392 1 would not recognize nor
license osteopath (N.
405 1 to limit practice to mem
bers of this school,
405 1 board may be composed
solely of allopaths
2 favoritism in organiza
sion to medical society
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
640 3 AFFIDAVIT to obtain capias,
for services, must show physician duly registered (N. B.). ..
fined, noscitur a sociis
appal, in favor of appli-
tion of board not un
constitutional (Tex.). 704 ALLOPATHIC SCHOOL OF MED
ICINE. See SCHOOL OF
from practitioner of
physic (N. Y.)....... 404 2 acting as physician, un
licensed, not entitled
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
551 1 right to practise, and to
556 1 defined (Gr. Br.)
556 1 evidence that a person
supplied medicines not
556 1 unlicensed, cannot
force agreement in re-
556 1 unqualified person may
carry on business
sistant (Gr. Br.)... 557
himself such is fraud
559 1 differentiation from phy
sicians and surgeons
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.
565 3 its rights respecting
compounding of medi-
cians (Gr. Br.).... 5601 licentiate of College of
Physicians may be-
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
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
not nugatory because no
314 1 restoration after improp
er dismissal (Mont.).. 344 1 practice pending appeal
from refusal or revoca-
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.).
sustained, if offence
raised for first time on
444 costs (Or.). .
charges not sustained
467 3 from revocation though
charges not sustained
-trial de novo (R. I.), 467 3 answer not required (R. I.). ...
Medical Council (Gr.
549 3 conviction quashed if no
evidence of offence,
otherwise not (Ont.). . 648 2 APPEAL. Ssee CONVICTION. APPLIANCES — furnished by
225 1 other appliance, defined:
noscitur a sociis (N.
379 3 ASSIGNEE in insolvency-not
entitled to assignor's di-
545 1 ASSISTANT-of registered
physician,must be reg-
358 1 not restrained from prac