Medical witnesses.

  • New South Wales.
Date:
[1891]
Catalogue details

Licence: Public Domain Mark

Credit: Medical witnesses. Source: Wellcome Collection.

Provider: This material has been provided by The Royal College of Surgeons of England. The original may be consulted at The Royal College of Surgeons of England.

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    1 Victoria, No. 3. Death partly or entirely caused by improper or netfli- eent treatment of Medicnl Practitioner he shall not be allowed to perform or aaiist at any such examination. Additional Medi- cal evidence in cases where the cause of death is nut satisfac- toriiy expiained by first exami- nation. Majority of Jury desiring Huefi additional evidence and naming any jarticuiar i>arty —tliat jiarty only shall bo summoned. liemuncration to Medical Wit- nesses. Kor evidence one guinea. Pont mmi.em cxainitiation two guineas. One shilling for every mile beyond ten. No remunera- tion for unauthorized examination. Death happen- ing in public buildings Medical Officer attending not entitled to remuneration. Medical Wit- nesses neglecting to attend to forfeit and i>ay not less than three nor more than twenty poujids. Proceedings &c. under ttiis sec- tion to he in manner pro- vided by 5 Wm. IV, No. 2. an analysis of tlio contents of the stomach or intestines Provided that if in any case it appear to the Coroner Justice or Justices (as the case may be) that the death of such deceased person was probably caused partly or entirely by the improper or negligent treatment of any Medical Practitioner or other person then such Practitioner or other person shall not be allowed to perform or assist at any such examination or analysis although he shall in every such case be allowed to be present thereat. 3. And be it enacted That whenever it shall appear to the Coroner or to a majority of the Jury at any such Inquest or to the Justice or Justices or a majority of them at any such Inquiry that the cause of death has not been satisfactorily explained by the Practitioner or Practitioners examined in the lirst instance at such Inquest or Inquiry the Coroner Justice or Justices shall forthwith cause any other legally qualified Practitioner or Practitioners to be summoned as a witness or witnesses at such Inquest or Inquiry and shall direct him or them to perform a post mortem examination with or without such analysis as aforesaid whether such an examination shall have been previously ])orformed or not Provided that where such additional evidence is at the instance of a majority of the Jury it shall be lawful for such majority to name to the Coroner any particular Practitioner or Practitioners whom they wish to attend and in that case such Practitioner or Practitioners shall be summoned and no other. 4. And be it enacted That when any legally qualified Medical Practitioner has attended at an Inquest or Inquiry in obedience to any such summons as aforesaid he shall for such attendance and for giving evidence at such Inquest or Inquiry be entitled to receive the remuneration of one guinea and (in addition thereto) for the making of any such post mortem examination the remuneration of two guineas and if the place of his residence shall be more than ten miles distant from the place where the Inquest or Inquiry is holden then such Practitioner shall be entitled to a sum of one shilling for every mile of such extra distance in addition Provided that no remuneration shall be paid for the performance of any j)osl mortem examination instituted without the previous direction of the Coroner Justice or Justices (as the case may be) Provided also that where the death shall have hap|)ened in any public hospital gaol or other public building no Medical Otficer appointed with salary to attend such hospital gaol or building shall be entitled to any such remuneration. 5. And be it enacted That where any such summons or order of any Coroner Justice or Justices as aforesaid shall have been served upon any Medical Practitioner to whom the same Avas directed or shall hav'e been left at his usual residence in sufficient time for him to obey the same and he shall nevertheless not obey such summons or order he shall for such neglect forfeit and pay a penalty or sum of not less than three pounds nor more than tAventy to bo recovered in a summary Avay before any two Justices of the Peace unless ho shall at the hearing of the case show a gcod and sufficient excuse for such neglect to the satisfaction of such Justices And every proceeding under this section shall be had before such Justices and every such penalty be aAvarded levied and distributed and the party convicted bo entitled to appeal in the manner respectively provided by an Act of the Governor and Council passed in the fifth year of the reign of llis late Majesty King AVilliara the Fourth intituled An Act <o regulate summary proceedings before Justices of the Peace.