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

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.

88/444 page 28

$It is very difficult to prove that a man was not in practice before 1815. (Hill, J.—You might prove tliat he was not forty years of age, or sometliing tliat would cast on him tlie onus of proof that he was in practice before 1815.) Cook Evans for the respondent. By the Court.—There is nothing to show that the respondent was not a surgeon. Appeal dismissed. ATTORNEY-GENERAL v. ROYAL COLLEGE OF PHYSICIANS OF LONDON 1861. May 1. [9 W. R. 590] Eeported also : I J. &. H. 561 ; 7 Jur. (N.S.) 511 ; 4 L. T. 356. 21 22 Vict. c. 90 {The Medical Act, 1858)—55 Geo. 3, c. 194 {The Apothecaries Act, 18lb)—College of Physicians—Power to alter bye-laivs—Licences to dispense drugs. The privileges of the College of Physicians under their charter and statutes, including the right of altering their hje-laivs and removing the restriction previously imposed upon their licentiates against sujjplying to patients for profit the medicines prescribed, are in no ivay abrogated by the Medical Act, 1858, ^vhich has not so unalterably fixed and limited the status of all qualified prac- titioners that the several medical bodies cannot, from time to time {within the limits of their charters), vary the qualifications and restrictions imposed by themselves. Semble, that the Apothecaries Act, 1815, imposing {section 20) penalties upon persons ''acting or practising as an apothecary without the certificate of the society, but saving {section 29) the rights, authorities, and privileges of the College of Physicians, has no effect to prohibit the College of Physicians from granting licemes for the practice of physic divested of any restriction against the supply of Demurrer allowed to an information at the relation of the Apothecaries Society, seeking to restrain the College of Physicians from issuing any licence purporting to authorise the licentiate to compound and supply for gain the medicines jjrescribed by him. This was a demurrer to an information filed by the Attorney- General, at the relation of the Apothecaries Society, for the purpose of restraining the College of Physicians from issumg$