An Act respecting the profession of medicine and surgery.

  • Manitoba.
Date:
[1886?]
Catalogue details

Licence: Public Domain Mark

Credit: An Act respecting the profession of medicine and surgery. 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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    Procedure before coin- inlttec. Oath, &c. .%0. At Icjvst one week before the first meeting of the com- mittee to be held for taking the evidence or otherwise ascer- taining tlie facts, a notice shall be served upon the person whose conduct is the subject of impiiry, and such notice shall embody a copy of the charges made against him or a state- ment of the subject matter of the inquiry, and shall also specify the time and place of such meeting. The testimony of witnesses shall be taken under oath, which the chairman or Jicting chairman of the committee is hereby authorized to administer, and there shall be full right to cross-examine all witnesses called and to call evidence in defence and reply. In the event of the non-attendance of the person whose con- duct is the subject of such inquiry, the committee may, upon proof of personal service of the notice aforesaid in accordance with the provisions of this section, which proof of service may be by statutory declaration, proceed with the subject mattei' of the inquiry in his absence and make their n^port of the facts without further notice to .such person. 51 V.c. 36, s. 19. appeal. Act may be pleaded In bar. App righ cal, t of. 51. No action shall be brought against the Council or the .said committee for anything done hona fide under this Act, notwithstanding any want of form in the proceedings ; but any person who.se name luxs been ordered tv) Vie erased from the register may ap])cal from the decision of the C ouncil to any Judge of the Court of Cj.usen s Bench for Manitoba at any time within six months from the date of the order for such erasure, and such Judge may, upon the hearing of such appeal, make such order as to the restoration of the name .so erased, or conlirming such erasure, or tor further in([uiries b} the committee or Council into the facts of the case, and as to costs, as to such Judge shall seem right in the premi.ses. 51 V. c. 36, s. 20. Proceeding)) 5‘4. The appeal may be by summons served upon the on appeal. Registrar to show cause, and shall be founded upon a copy ot the proceedings before the committee, the eviilence taken, the committee’s report and the order of the Council in the mattei. certified by the Registrar ; and the Registrar shall, upon the^ request of any person desiring to appeal, furnish to any sue i person a certified copy of all proceedings, reports, orders and papers upon which the committee have acted in making tlie •order complained of. 51 V. c. 36, s. 21. evidence of registration, 5:5. In any trial under this Act the burden of proof as to registration shall be upon the person charged. 4.) V.c. 3J, s. 40. Burden of proof.
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