Cases relating to the medical council : for the use of members of the General Medical Council only / (edited by Fredk, Willis Farrer.).
- Farrer, Frederick Willis.
- Date:
- 1897
Licence: Public Domain Mark
Credit: Cases relating to the medical council : for the use of members of the General Medical Council only / (edited by Fredk, Willis Farrer.). 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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![CASES FOR THE MEDICAL COUNCIL. This affords a strong argument that nothing that has taken place before that should have any eHect. Crompton, J. It may well not be considered right to give any discretion to the Registrar alone. Hayes. This is a restrictive act and takes away a pre-existing right, and must therefore be construed strictly. Crompton, J. It is a protective act, and was intended to inter- fere in a qualified manner with vested rights. Hayes, Serjeant, argued that the section had reference to acts committed after registration, and that sect. 26 did not apply to a person registered under sect. 26, but came only by way of appeal from the Registrar. That sect. 29 was the first section that gave primary jurisdiction to the Council. Hill, J. The latter clause of the 26th section is not by way of appeal even if it extends only to registration by the Registrar. It applies to a case where the Registrar has not decided anything, but has been deceived or incorrectly informed. Crompton, J. It being discretionary with the Court to grant a mandamus in such a case as the present, I am of opinion that this rule ought to be discharged. But apart from the merits, I am of opinion that the General Council acted perfectly legally, and that they have properly decided the applicant's case under the 26th section, which I think is applicable to it. It has been said that the Council ought to find the specific charges when the facts are disputed, but in the present case a mandamus was granted by this Court to enable the applicant to obtain a hearing, and when facts were primd facie proved against him in his pre- sence he asks to be heard by counsel, which the Council in their discretion refuse, but he declines to adduce any evidence in reply. I cannot, therefore, say that there is sufficient doubt as to the facts to induce us to call upon the Council for a return. I think the finding of the Council is sufficient and binding upon us if they had, as I think they had, power to adjudicate under the circumstances, and that we have no right to interfere. By sect. 15a right is given to persons possessing certain qualifica- tions to be registered on application or on the mere sending in of their diplomas. \_The learned judge then read the 26th section.'] It is quite clear that this removal may take place on the applica- tion of a third party, but it is said that the fraud must be either](https://iiif.wellcomecollection.org/image/b21508124_0010.jp2/full/800%2C/0/default.jpg)
