Decisions of the English, Scottish and Irish courts under the Medical Acts 1858 to 1886 and the Dentists Act 1878 : collected for the General Medical Council and arranged with introduction and notes / by Charles J. S. Harper.

  • Harper, Charles John Stewart.
Date:
1912
Catalogue details

Licence: In copyright

Credit: Decisions of the English, Scottish and Irish courts under the Medical Acts 1858 to 1886 and the Dentists Act 1878 : collected for the General Medical Council and arranged with introduction and notes / by Charles J. S. Harper. Source: Wellcome Collection.

Provider: This material has been provided by The University of Leeds Library. The original may be consulted at The University of Leeds Library.

    135/444 page 75
    Byles, J.—I am of the same opinion. Looking at the very- words of the 32nd section of the statute, it seems to me that all that was necessary for the plaintiffs to do, was, to prove at the trial that they were then registered under the Act. The words are,— unless he shall prove upon the trial that he is registered under this Act. All the party has to prove, is, that he is regis- tered before he gets a verdict. Independently of the case of Haffield v. Mackenzie, I should have thought, and I did at the trial think, there was very little in the objection ; but, after that case, I cannot entertain the smallest doubt. As to the other objection, that the one partner was registered under the Act as a surgeon and apothecary, and the other as a surgeon only,—it comes to this, that, where two medical men carry on their pro- fession in partnership, one being registered as a surgeon, and the other as an apothecary, no part of a claim for their services can be recovered in a court of law during the life of either. That is so unreasonable a conclusion that I should require verv strong words to induce me to arrive at it. This is a disqualifying statute, and therefore is to be construed strictly. Keating, J., concurred. Rule discharged. GIBBON V. BUDD 1863. April 30. [32 L. J. (Ex.) 182] Eeported also : 2 H. & C. 92 ; 8 L. T. 321 ; 9 Jur. (N.S.) 525 ; 11 W. K. 626. Action—The Medical Act (21 dc 22 Vict. c. 20)—Right of a Physician to recover fees. _ The Medical Act (21 & 22 Vict. c. 90) gives a physician ivho IS registered under the Act, a legal right to recover /ees ivithout a special agreeinent for remuneration. Declaration against the defendant, as executor of Henry Budd, for work, care and attendance upon the testator, and on accounts stated. Plea—Never indebted. The particulars indorsed on the writ claimed £21, for twenty professional attendances as a plij^sician, at one guinea each. The case was tried, before Bramwell, B., at the Sittings after Michaelmas Term.
    digitised image 1
    digitised image 2
    digitised image 3