2. THE MEDICAL PROFESSION. CAP. XL. Medical Board. An Act respecting the Medical Board and Medical ER Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: 1. The Governor may constitute and appoint, under His may appoint a Hand and Seal at Arms, five or more persons legally authorized to practise Physic, Surgery or Midwifery, in Upper Canada, to be a Board, whereof any three shall be a quorum, to hear and examine all persons who desire to apply for a License to practise Physic, Surgery and Midwifery, or either of them, within Upper Canada. 59 G. 3, c. 13, s. 2, (1st Session.) The Board 2. The Board, or a majority of the members composing the may appoint a same, shall appoint from time to time a fit and proper person to Secretary. be Secretary of the Board. 59 G. 3, c. 2, s. 2, (2nd Session.) His duties. Board to sit four times a year not ex- 3. The Secretary shall attend the meetings of the Board, and keep a record of the proceedings of the same in a book or books to be by him provided for that purpose, together with all such matters and things as to the Board appertains. 59 G. 3, c. 2, s. 2, (2nd Session.) 4. The Board shall meet and be held in the City of Toronto, four times in each year, viz: on the first Monday in January, April, July and October, respectively, and may be continued week at a time. by adjournment from day to day until the business before the Board be finished; but no quarterly sitting shall be so continued by adjournment beyond the Saturday of the week in which the sitting commences. 59 G. 3, c. 2, s. 3, (2nd Session.) Notice of ap- Certificates of License. 5. Every person desirous of being examined by the Board, touching his qualifications for the practice of Physic, Surgery and Midwifery, or either of them, shall give due notice thereof to the Secretary of the Board in writing, setting forth the branch or branches of medical practice he wishes to be examined in. 59 G. 3, c. 2, s. 4, (2nd Session.) 6. If the Board be satisfied by such examination, that the person is duly qualified to practise Physic, Surgery and Midwifery, or either, they shall certify the same under the hands and seals of two or more of such Board. 59 G. 3, c. 13, s. 2. 7. If the Governor be satisfied of the loyalty, integrity and good morals of the applicant, he may, on receipt of such certificate, under His Hand and Seal at Arms grant a license to the applicant applicant to practise Physic, Surgery and Midwifery, or either, conformable to such Certificate. 59 G. 3, c. 13, s. 2 (1st Session.) may be surgery or mid upon what 8. Upon the application of any person exhibiting a diploma What other or license as Physician or Surgeon, from any University in Her Licentiates Majesty's dominions, or from the Royal College of Physicians authorized to or of Surgeons in London, or a commission or warrant as Physi- practise physic, cian or Surgeon in Her Majesty's Naval or Military Services, wifery, and and producing an affidavit made before any Judge of any County Court in Upper Canada, stating that he is the person cation. named in such diploma, license, commission or warrant, the Governor may grant to such applicant a license to practise Physic, Surgery and Midwifery in Upper Canada. c. 3, s. 2. 8 G. 4, proof of qualifi 9. Such affidavit shall be left by the applicant, and remain in Where affidavit the Office of the Provincial Secretary. 8 G. 4, c. 3, s. 3. to be left. thereof. 10. Any person duly licensed or authorized to practise as a May practise Physician, or as a Surgeon, or as both, either in Upper Canada in any part or in Lower Canada, may practise in any part of this Province, for the purpose or purposes for which he might without this Act have practised in one of the aforesaid portions of this Province; but subject to the Laws to which other Practitioners are subject Subject to the in the portion of this Province in which he practises. c. 41. 4, 5 V. laws of the portion in which they so practise. Certain me dical officers may practise 11. Any person, while employed on actual service in Her Majesty's Naval or Military Service, as Physician or Surgeon, may practise Physic, Surgery or Midwifery, in Upper Canada, without license. without any license. 8 G. 4, c. 3, s. 5. hibition to practise with 12. Except Homœop thists duly authorized by Law, it shall General pronot be lawful for any person, not being licensed as aforesaid, or not having been heretofore licensed by any medical board, or out the proper not being actually employed as a Physician or Surgeon in Her authority. Majesty's Naval or Military Service, to practise Physic, Surgery or Midwifery, in Upper Canada, for hire, gain, or hope of reward. 8 G. 4, c. 3, s. 6. 13. Nothing in this Act contained shall prevent any female Females may from practising Midwifery in Upper Canada, or require such practise midfemale to take out a license. 8 G. 4, c. 3, s. 6. wifery. rity, declared a 14. If any person not licensed, or authorized as aforesaid, Practising or not being actually employed as a Physician or Surgeon in without autho Her Majesty's Naval or Military Service, practises Physic, Sur- misdemeanor. gery or Midwifery, for hire, gain or hope of reward, he shall be guilty of a misdemeanor, and may be prosecuted and punished accordingly. 8 G. 4, c. 3, s. 7. 15. Upon the trial of any person charged with such misde- Proof of aumeanor, the burthen of proof as to the license or right of the thority lies upon person the defendant. Limitation of prosecutionone year. Fine and imprisonment limited. Fees. person tried, to practise Physic, Surgery or Midwifery, in Upper Canada, shall lie upon the Defendant. 8 G. 4, c. 3, s. 7. 16. No prosecution shall be commenced for such misdemeanor after one year from the offence committed. 8 G. 4, c. 3. s. 7 17. No person convicted of such misdemeanor shall be sentenced therefor to a longer period of imprisonment than six months, or to a greater fine than the sum of one hundred dollars. 8. G. 4, c. 3, s. 7. 18. The following fees may be taken under this Act, and shall be paid by the applicant or licentiate, as the case may be. 59 G. 3, c. 13, s. 4, (1st Session,)—8 G. 4, c. 3, s. 8. Preamble. First Board W CAP. XLI. An Act respecting Homœopathy. HEREAS the system of Medicine called Homœopathy is much approved and extensively practised in many countries of Europe, in the United States and also in Canada; And whereas it is expedient to extend to duly qualified practi tioners of this system privileges similar to those enjoyed by licentiates of medicine under the laws in force in this Province: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: 1. Until other persons be appointed, as hereinafter provided, Duncan Campbell, of the City of Toronto, M. D., Joseph J. Lancaster, of the Town of Galt, M. D., Alexander Thomp son Bull, of the City of London, M. D., William A. Greenleaf, of the City of Hamilton, M. D., and John Hall, of the City of Toronto, M. D., shall be a Board (of whom three shall be a quorum) to examine all persons who may desire to obtain a license to practise medicine, according to the doctrines and teachings of Homoeopathy, within this Province. 2. The Board may appoint a Secretary and Treasurer, who Secretary and shall attend all the meetings, and keep a record of all the Treasurer. proceedings of the Board, in a book to be provided for the purpose. 3. The Board shall hold two meetings in the City of To- Meetings of ronto in each year, viz: on the first Tuesday in January and the Board. July respectively, which may be continued by adjournment from day to day until the business before the Board be finished, but no session shall exceed one week. 4. The Secretary may at any time, on the requisition of two Extraordinary members of the Board, call an extraordinary meeting of the meetings. Board for the purpose of examining candidates, and for the transaction of such other business as may come before it. 5. Every person who desires to be examined by the said Notice by perBoard, touching his qualifications to practise Physic, Surgery to be examinsons wishing and Midwifery, or either of them, according to the doctrines ed: and what and teachings of Homœopathy, shall give at least one month's it must shew. notice in writing to the Secretary of the Board; and must show that he is not less than twenty-one years of age, that he has followed medical study .uninterruptedly for not less than four years under the care of one or more duly qualified Medical Practitioners, and that he has attended at some University or Incorporated School of Medicine not less than two six months' courses of Anatomy, Physiology, Surgery, Theory and Practice of Medicine, Midwifery, Chemistry, Materia Medica and Therapeutics, respectively, and not less than one six months' course of Clinical Medicine and Medical Jurisprudence respectively. 6. If the Board be satisfied by such examination that the Certificate to person is duly qualified to practise either or all the said branches be granted. of Medicine, as they are understood and practised by Homœopathists, they shall certify the same under the hands and seals of two or more of such Board. such certificate. 7. The Governor, on the receipt of such certificate, may, if License on satisfied of the loyalty, integrity and good morals of the applicant, grant to him a license to practise Physic, Surgery and Midwifery, or either of them, in Upper Canada, conformably to the certificate. Members of 8. The Governor may, without any special certificate, grant Licenses to the Provincial License to practise to such of the above named the Board. members of the Board as have not yet obtained it. Board may 9. The Board shall have power to make By-laws for the remake By-laws. gulation of its own affairs, which, however, shall not take effect until they have been published in the Canada Gazette. Order of retirement of Members. Elections to cies. 10. At the meeting in July, one thousand eight hundred and sixty, the Board shall determine by lot which three of its members shall retire, and shall immediately publish their names in one of the Toronto newspapers, and such retiring members shall then only hold office until their successors be appointed; and the other members of the Board shall vacate their seats (if successors be appointed) from and after the meeting in January, one thousand eight hundred and sixty-two. 11. The Practitioners licensed under this Act and resident supply vacan- in this Province may meet at Toronto, on any day during the January session of the Board in one thousand eight hundred and sixty-one, and on any day during such January session in each year thereafter, and may at such meeting elect, by a majority of votes, either two or three fit and proper persons to be members of the said Board in the place of the retiring members (who shall be eligible for re-election,) and the members so elected shall hold office for two years only, or until successors be elected as aforesaid. Statutes 15 & 17 G. 3, respecting small notes, not in orce here. TITLE 6. TRADE AND COMMERCE. 1.-COMMERCIAL LAW. CAP. XLII. An Act respecting Bills of Exchange and Promissory Her and wand Assembly of Canada, enacts as ER Majesty, by and with the advice and consent of the follows: 1. The Act of the Parliament of Great Britain, passed in the fifteenth year of the reign of King George the Third, intituled, An Act to restrain the negotiation of Promissory Notes and inland Bills of Exchange, under a limited sum, within that part of Great Britain called England, and the Act of the Parliament of Great Britain, passed in the seventeenth year of His said Majesty's reign, intituled, An Act for further restraining the negotiation of Promissory Notes and inland Bills of Exchange, under a limited sum, within that part of Great Britain called England, being inapplicable to Upper Canada, shall not extend to |