The dental proceedings of the General Medical Council, July 1882 : an address ... at the Annual General Meeting of the British Dental Association ... August, 1882 on the proceedings of the past years (1878-82) in regard to the registration of dentists ... / by J. Tomes.

  • John Tomes
Date:
[1882]
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Credit: The dental proceedings of the General Medical Council, July 1882 : an address ... at the Annual General Meeting of the British Dental Association ... August, 1882 on the proceedings of the past years (1878-82) in regard to the registration of dentists ... / by J. Tomes. Source: Wellcome Collection.

Provider: This material has been provided by The University of Glasgow Library. The original may be consulted at The University of Glasgow Library.

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    Appendix No. 2. The PROSECUTION Of Mr. GOULD in I8S9, [or using the Title of Surceon-Dentist. (Extract from The Surrey Comet.) Reference having been made by Mr. Tomes and others to this case rors;:r;^.;S:M..Self; wirhas Mnd.y fu..,.. us with the necessary documents. Court of Queen's Bench—Jan. 21,1860. [Before Lord Chief Justice Cockburn and Mr. Justice Crompton.] Ladd (Appellant) and Gould (Respondent.) This was a case stated by the magistrates of Kingston-upon-Thames at the request of the appellant, submitting for the opinion of the court whether upon the evidence Mr. Gould was guilty of the offence con- templated by the Act, the magistrates having dismissed the mforma- tion. Mr. Lush, O.C., and another appeared for the appellant, and Mr. Ouain and Mr. Kelly for the respondent. ^Mr Lush said this was a case stated for the opinion of the court under the new. Medical Act, and it raised the question whether the word surgeon in connexion with the words and mechanical den- tist was using the title of a surgeon within the 40th section of the Medical Act. The question was whether on the evidence the party was guilty. . He was stopped by the Lord Chief Justice Cockburn saying, Weil, but what have we to do with this—there is no case for us ; this is a question of facts, not of law, and the court never interferes with justices' decisions on facts. We can only entertain a question of law, and there is none in this case. Mr. Justice Crompton.—Tins, is a question on which the magistrates were bound to draw their own conclusions from the facts. Mr. Lush.—Yes, my Lords, this is an appeal from the justices raising a point of law, as to the use of the word surgeon. Lord Chief Justice.—I do not think there was any false pretence in using the word surgeon. That is a question of facts for the justices as to the intention. Did he wilfully and falsely assume it, and pretend to be a surgeon ? The justices had the facts before them, and I think decided quite rightly. Mr. Justice Crompton said the respondent had called himself sur- geon and mechanical dentist, which he thought meant much the same as surgeon-dentist. I think I should have decided as they did. Mr. Lush said the magistrates meant to leave to the court whether the evidence brought the party within the meaning of the Act.