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.

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    medical attendance afforded by Mm within the ambit of English territory, arises from the necessity of proving his registration at the trial. It is part of the lex fori of the country where the remedy is sought; and even in cases where the law of another country is to interpret the contract, yet the lex fori is to govern the remedy; see Ruber v. Steiner, 2 Bing. N. C. 202, 2 Scott, 304; Don v. Z*>?> mann, 5 Clark. & Fin. 1; Story's Conflict of Laws, 2nd edit., 840. The rule must therefore be made absolute to enter a nonsuit. Rule absolute. ANDREWS V. STYRAP - 1872. May 7. [26 L. T. 704] See also Minutes of the General Medical Council : Vol. X. (1872) 69, E. Be. 2. The Medical Act (21 & 22 Vict. c. 90) s. iO—Title of M.D.~ Wilfully and falsely talcing and using the same—Conviction for by pistices^ under the above section—Evidence of the offence—Diploma of foreign university obtained by purchase only. A., a druggist, had attended a patient in the capacity of a medical man, and sent in to him a bill for such attendances, headed, Mr. P. ' ■ to Thomas Andreivs, M.D. setting out a variety of charges for attendance and medicine, &c. He subsequently wrote a letter signed, ''Thomas Andrews, M.D.. threatening legal proceedings unless the bill toere paid, and he gave a receipt for the bill ivhen paid, signing It m the same way. There was a coloured lamp over his shop door, on three sides of which the words and letters Thomas Andrews, M.D. were painted. It appeared that he had obtained by the payment of a sum of money a diploma of doctor of medicine 'from the University of Philadelphia in the United States, but that he aad never been in America, or studied, or passed any examination for such degree, and he was not registered under the Medical Act. On Appeal, from a conviction by justices under section 40 of the Medical Act (21 & 22 Vict. c. 90) for having unlaivfully ivilfully a7id falsely taken and used the name, title, description and addition u ,7 7 • T , ^^'^'■'^^^ implying that he was then registered under the Medical Act, whereas he was not so registered, d-c. it was— Held by the Court of Exchequer (Martin,Bramwell and Pigott, £515.) that the conviction was right, and must be affirmed. This was an appeal from a decision of justices, convicting the defendant, upon an information laid before them under section 40
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