A letter to Sir J.T.B. Duckworth, bart., President of the Devon & Exeter Hospital, &c., &c. on the exclusion, by statute, of practising medical men, being donors & subscribers, from the committee of the Devon and Exeter Hospital / by T. Shapter.

  • Shapter, Thomas, 1809 or 1810-1902.
Date:
1857
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Licence: Public Domain Mark

Credit: A letter to Sir J.T.B. Duckworth, bart., President of the Devon & Exeter Hospital, &c., &c. on the exclusion, by statute, of practising medical men, being donors & subscribers, from the committee of the Devon and Exeter Hospital / by T. Shapter. 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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    APPENDIX No. II. Opinion of Counsel on the Operation of the Statutes of 1849. By virtue of the seventh and sixteenth of the Rules of the Devon and Exeter Hospital, published and in force prior to 1849, Dr. Shapter (who had become a benefactor on the faith of them,) was a member of the General Committee, and entitled to act as such in all matters not relating to the admission or discharge of patients. The Rules revised and corrected in 1849 have in no way altered the position or rights of Dr. Shapter. The twelfth of those revised and corrected Rules, excluding practising physicians from the Committee, has no effect to divest the previously acquired and vested rights of those al- ready on the Committee. It was not the intention of these New Rules to interfere with vested and acquired rights. They do not profess to annul the Old Rules and what has been done under them ; but simply lay down the Rules for the future. If so plain a matter required confirmation, I might refer to the twenty-seventh rule, which, in dealing with a new subject matter, is declared to he retrospective, thus plainly indicating that no other rule was to have any retrospective or ex post facto operation. If it were the intention of the framers of the New Rules to interfere with vested and acquired rights, they have not declared it. Even when the Imperial Parliament by statute repeals an existing statute, rights, vested and acquired under the repealed statute, remain unaffected; (8 Bing. 315; 14 Q. B. 839;
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