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The CHAIRMAN.—One of the sections states that from the DUMFRIES CIRCUIT COURT OF JITSTICIAPvY.1st of January no person shall be entitled to recover, unless DUMFRIES CIRCLIT COULf Or JUSTICIARY.
registered as a surgeon. FRIDAY, SEPTEMBER 23RD, 1859.Mr. FITZ PATRICK said, many of the surgeons who practised FRAUD ON THE REGISTER.
as such before the passing of the recent Act asked the Medical .
Council to allow them still to practise and recover their fees as (Before Lord Justice Clerk (INGLIS) and Lord NEAVES.)before, when the Council replied that they had no right or JOHN BROATCH, designating himself a surgeon, and residingpower to regulate the provisions of the Act. at Orchard Cottage, Ruthwell, Dumfriesshire, was chargedThe CHAIRMAN. The question before the Bench is this: with having committed a fraud upon the Medical Register, inHere is an Act of Parliament, passed last year, which requires having caused his name to be inserted therein as a licentiate of
all persons who practise as surgeons to be registered as such. the Royal College of Surgeons of Edinburgh, on the faith of aThe application which this gentleman (Mr. Fitz Patrick) makes certificate that he was possessed of a diploma dated March,is not one to prevent the defendant practising as an apothe- sworn to by the defendant, and attested by Dr. James Murraycary, but as a surgeon. The defendant puts the word surgeon M’Culloch. In the course of the evidence given, it appearedon his door, and on the labels attached to his bottles when he that neither Dr. M’Culloch nor Mr. Waugh, the county magis-makes up a prescription, and that is clear.y an offence under this trate before whom the affidavit was made, had ever seen theAct-there is no doubt about that. diploma referred to, but that the former had attested its exist-Mr. SNOWBALL.—Will you, sir, give us a case to carry up ence on the representations made to him by the defendant-to the Court of Queen’s Bench ? It is a question of great im- that he was actually possessed of the diploma in question.portance. By the Act of Henry VIII. On a reference to the diploma book of the Royal College ofThe CHAIRMAN.—Dont let us go back to the times of Henry Surgeons of Edinburgh, which was produced in court, the name.VIIL I see the provisions of that Act apply to sorceries, of John Broatch was not found therein. After some evidence,witch crafts, and any other inconvenience. (Laughter.) If tending, but by no means conclusively, to show that the de-you can show that the defendant has registered under the Act fendant had once actually possessed a diploma, which hadof Parliament as a surgeon, the case is ended. I am afraid become lost, the advocate depute addressed the jury, askingif I were to practise as an attorney, Mr. Snowball, you would for a verdict of guilty; and Mr. Gifford, the counsel for thesay I must be bound by the law. defendant, having also spoken, the Lord Chief Justice ClerkMr. SNOWBALL.—I must again ask if you will grant us a summed up. The jury returned a verdict of guilty, and thecase? It is a very important case, and there is a difficulty, prisoner was sentenced to three months’ imprisonment.without a doubt.
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The CHAIRMAN. -There is no difficulty about it, in my
opinion. Mr. SNOWBALL after reiterating his opinion that his client THE LONDON MEDICAL REGISTRATION
was right in acting as he had done, read a long but not a very ASSOCIATION.definite letter from the solicitor to the Apothecaries’ Companyto the defendant, expressing the writer’s opinion upon the A MEETING of the Committee was held at the offices of theMedical Act in question. Mr. Snowball again asked the Association, No. 5, Charing-cross, on Wednesday evening last,Bench to grant a case. Dr. Kirby in the chair. A large amount of correspondenceThe CHAIRMAN said they all knew that there was some little was read. Amongst the resolutions agreed to was one that
jealousy in all professions, especially in learned professions, the question of the right of dentists to assume the title ofwhen any man began to practise who was not legally qualified. " surgeon "-dentists should be immediately brought to an issue,In the case he had just mentioned, for instance, that of an and the steps to be taken were determined on. Votes havingindividual practising as an attorney who had no legal right been taken, it was unanimously carried that several other pro-to do so, he apprehended the legal profession would oppose secutions should be commenced; and, as will be seen by an ad-him. vertisement in our columns, the annual general meeting of theMr. SNOWBALL.—For myself, I wish everyone were allowed Association was fixed to take place at the Freemasons’Tavern,
to practise as an attorney, for there would be a great deal more on Thursday, the 3rd of November ensuing.law. (Laughter.) ______________
The CHAIRMAN.—The question in the present case is not oneof law, but of fact. You see that, according to an Act of Par- UNIVERSITY INTELLIGENCE.liament, the defendant is to be registered if he practises as a ____
surgeon. Now, his name does not appear on the Register, and, therefore, we are unanimously of opinion that a clear breach of CAMBRIDGE, OCT. 3RD.law has been committed. Looking at the case as practical THE examinations for medical degrees in the present Termmen, and taking the common-sense view of it according to the will commence on Monday, the 14th of November, at nine A.M.,English language, we do not feel any doubt. The gentleman in the Arts’ Schools.is practising as a surgeon; he has his name over the door Gentlemen, candidates for the degree of M.B., intending toas a surgeon; he has it on the bottle that he is a surgeon as offer themselves for examination, are requested to signify thewell; and it is clear that if he is a surgeon he must be regis- same to the Regius Professor of Physic on or before the 31sttered as such. He could have applied to be registered if he dav of October, specifying whether they intend to offer them-thought fit. Under any circumstances, we must levy a small selves for the first or second examination only, or for bothpenalty; and if the gentleman is legally qualified to practise as examinations for that degree.a surgeon, he must follow the usual course, and become re- N.B. The classical subjects for the ensuing examination forgistered. the M.B. degree are :-
Mr. S-,NOWBALL.-We cannot do that. Aretœus.—" On the Causes and Symptoms of Acute Diseases."The CHAIRMAN.-Then you must take the consequences. The first five Chapters of the first Book.
We cannot help you. Hippocrates.—The 5th, 6th, 7th, and 8th Sections of the-A penalty of 20s. was then inflicted upon the defendant for Aphorisms.
practising as a surgeon without being duly registered according Celsus.-The 4th and 6th Books.to the requirements of the Act. Candidates must produce their certificates before admission
Mr. SNOWBALL again applied to the Bench to grant a case, to examination.when the Bench (after consulting with their clerk) replied that Bachelors or Licentiates of Medicine, or Masters of Arts, de-they were informed by their legal adviser that they could not sirous of proceeding to the degree of M.D. in the present term,do that. are requested to communicate their intention without delay toMr. ATHERTON (the clerk).—You have no right to apply to the Regius Professor of Physic, with a view to the arrangements
grant a case. necessary for their public exercises in the schools.Mr. SNOWBALL.—The object of the surgeons connected with The Pass Examination in Botany will commence in the
Mr. Fitz Patrick is, I suppose, now quite satisfied; and I pre- Senate-house, at two o’clock, on Monday, Oct. 17th.sume, therefore, that the second information against the de- fendant (that of signing a certificate without being legally TESTIMONIAL.—A testimonial, consisting of a purse ofqualified to do so) will be withdrawn? 20 guineas, has been presented to W. C. T. Wagstaff, Esq.,Mr. FITZ PATRICK.-Yes ; certainly. M.R.C.S., on his removing from Isleworth, where he has actedThe second information was then withdrawn, and the de- as medical assistant for the last nine years, to conduct a prac-
fendant left the Court accompanied by his friends, tice in Northampton on his own account.