Gambar halaman
PDF
ePub

Professors.

medica according to the doctrines of homoeopathy, to such persons as have received or are receiving instruction in all other requisite branches of the medical profession.

All such professors must be medical graduates of a British or provincial university, or medical licentiates of a British or provincial college or board legally incorporated.

Name of col- The said college is known as the College of Homœopathic lege. Physicians and Surgeons of Montreal. 28 V., c. 59, s. 4; 29 V., c. 95, s. 1.

Affiliation to a provincial university.

Board of examiners.

Qualifications required on examination.

Examinations.

Certificate to be granted.

Lieutenant-
Governor

4007. The College may at any time become affiliated to any provincial university between which and the said college mutually satisfactory terms may be agreed upon. 28 V., c. 59,

S. 5.

4008. The corporation has power to appoint three medical graduates of a British or provincial university, or medical licentiates of a British or provincial college or board legally incorporated, to be a board of examiners to examine all persons who may desire to obtain a license to practise homoeopathic medicine within this Province. 28 V., c. 59, s. 6.

4009. Any person, who desires to be examined by the said board, touching his qualifications to practise medicine, surgery and midwifery, or either of them, according to the doctrines and teachings of homoeopathy, shall give notice in writing, of at least one month, to the secretary-treasurer of the association, and must show that he is not less than twentyone years of age, that he has followed medical studies for not less than four years under the care of one or more duly qualified medical practitioners, that he has attended at some recognized 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, or their equivalents in time, and shall have complied with the regulations of such university or incorporated school of medicine, with regard to such courses, and shall have followed such other course or courses as may hereafter be considered by the board of examiners requisite for the advancement of medical education.

All such persons shall, at a regularly appointed time and place, be examined on all of the aforesaid branches by the board of examiners. 46 V., c. 31, s. 2.

4010. If the board be satisfied by such examination that the person is duly qualified to practise either or all of the said branches of medicine, as they are taught and practised by homœopathists, they shall certify the same under the hands and seals of two or all of such board.

2. The Lieutenant-Governor, on receipt of such certificate, may, if satisfied of the loyalty, integrity, and good morals of

the applicant, grant to him a license to practise medicine, may grant surgery and midwifery, or either of them, in the Province, con- license to certain phyformably to the certificate; and all such licentiates are entitled sicians. to all privileges enjoyed by licentiates of medicine under the laws in force. 28 V., c. 59, s. 8; 46 V., c. 31, s. 1.

estate for its

4011. Provided that its whole real property does not at Corporation any time exceed in annual value five thousand dollars, the cor- may hold real poration may acquire by any legal title and may hold any real own use and estate required for its actual use and occupation, and may at occupation only, any time dispose of the same and acquire other instead thereof.

donations, &c.

The corporation may receive donations or bequests of real Receive by estate, on condition that all not required for actual occupancy shall be sold within seven years after it shall have come into the Sale of surpossession of the corporation. 28 V., c. 59, s. 10. plus.

4012. Unless made at least six months before the death of Bequests to the person making the same, no bequest in favor of the said corporation. corporation shall be valid. 28 V., c. 59, s. 11.

§ 2-General Powers of the Corporation.

ciation.

4013. The corporation has power, under such restrictions Management as may from time to time be ordained by by-law, to administer of the assoits affairs by such and so many directors and officers, and may assign to any such officers such remuneration, as it may deem just and requisite, and it may, from time to time, by a majority of votes at any duly called meeting, establish and put into operation such by-laws, ordinary rules and regulations, as may appear to it necessary or expedient and may, from time to time, amend or repeal the same; but no by-law or alteration shall ever be made tending to alter the character of the association as a homoeopathic institution. 28 V., c. 59, s. 12.

4014. The corporation shall, at all times, when thereunto Return to the required by the Lieutenant-Governor, or either House of the Legislature. Legislature, make a full return of its property, real and personal, and of its receipts and expenditure for such period, and with such details and other information as the LieutenantGovernor or either House of the Legislature may require. 28 V., c. 59, s. 13.

4015. The corporation appoints a secretary, and causes a Corporation register to be kept by him, in which are entered, from time to to appoint time, the names of all persons who have been duly licensed secretary. under this section, and who have complied therewith, and His duties. with the regulations made by the corporation and the College to practise medicine, surgery and midwifery or either of them, Who are inin the Province, according to the doctrines and teachings of scribed on homoeopathy.

register.

titled to prac

Those persons only, whose names are inscribed in the register Only those above mentioned, are qualified and licensed to practise medicine, inscribed ensurgery and midwifery, according to the doctrines and teachings tise. of homoeopathy in the Province.

Register open

Such register shall, at all times, be open and subject to to inspection. inspection, by any duly registered medical practitioner in the Province, or by any other person. 46 V., c. 31, s. 3.

Register, how kept.

Other duties

4016. The secretary shall keep the register correctly, in accordance with the provisions of this section and the orders and regulations of the corporation or the College.

He shall, from time to time, make the necessary alterations of secretary in the addresses or qualifications of the persons registered under this section, and he shall perform such other duties as shall be imposed upon him by the corporation or the College. 46 V., c. 31, s. 4.

Fine upon

tising without being registered.

$3.-Penalties and Prosecutions.

4017. Any person, not entitled to be registered in the persons prac Province, who is convicted, upon the oath of one or more witnesses, of having practised medicine, surgery or midwifery, according to the doctrines and teachings of homoeopathy, in the Province, in contravention of the provisions of this section, for hire, money, goods or effects generally whatsoever, or in the hope of receiving any money, goods, or effects or in the hope of a reward, or who receives any reward whatsoever, shall, for such contravention, incur a penalty of fifty dollars. 2. A like penalty of fifty dollars shall be incurred by every person assuming the title of doctor, physician or surgeon, or any other name, implying that he is legally authorized to not author practise medicine, surgery or midwifery, according to the doctrines and teachings of homoeopathy, in this Province, if unable legally to establish such authorization.

Fine upon

those assuming certain

title, when

ized.

Fine upon persons advertising themselves

authorized.

3. Any person, who, in an advertisement published in a newspaper, or in written or printed circulars, or on business cards or signs, assumes a title, name or designation of such a when not duly nature as to lead the public to suppose or believe that he is duly registered or qualified, according to the doctrines and teachings of homoeopathy, as a practitioner of medicine, surgery or midwifery, or any of such branches of the medical profession, or any person who offers or gives his services as physician, surgeon or accoucheur, as such, for hire, gain, or hope of reward, if he be not duly authorized or registered in this Province, shall, in each such case, incur a penalty of fifty dollars.

Onus of proof.

Recovery of penalties.

Judgment.

4. In every prosecution under this section, the proof of registration is incumbent upon the party prosecuted.

5. The penalties, imposed by this section, may be recovered by an ordinary civil suit, in the name of the Montreal Homœopathic Association, before any Circuit Court of the county or of the district in which the defendant is domiciled, or in which the offence was committed.

The court, if the proof be sufficient, may condemn the defendant to pay a penalty of fifty dollars, in addition to the costs, within a delay which it shall determine, and to an imprisonment of sixty days in the common gaol of the district,

in default of his paying the amount of the judgment within such delay.

in default of

The warrant of imprisonment, in such case, shall issue, under Warrant of the hand of the clerk of the said court, on a written application imprisonment of the advocate of the prosecutor, and may, mutatis mutandis, payment. be according to form (01), in the schedule to chapter 178 of the Revised Statutes of Canada, and shall be executed in the usual way. 46 V., c. 31, s. 5; 49-50 V., c. 34, s. 1.

with costs

4018. The penalties, imposed by this section, are recoverable Penalties rewith costs, and the same may be sued for by the Montreal coverable Homeopathic Association, under its corporate name, and belong and belong to to the corporation, for the use thereof.

association.

In no such suit, nor in any other civil action to or in which Member of the said corporation may be a party or interested, shall any association member of the corporation be deemed incompetent as a witness, witness. by reason of his being such member. 46 V., c. 31, s. 6.

competent

SECTION IV.

DRUGGISTS.

§ 1. Declaratory and Interpretative.

4019. This section may be cited as the "Quebec Pharmacy, Interpretative Act," and the following words and expressions therein shall, provisions. unless such interpretation be repugnant to the subject or inconsistent with the context, be construed as follows:

1. The word "council" means the Council of the Phar- "Council.” maceutical Association of the Province of Quebec.

2. The word "members" means persons registered as "Members." licentiates of pharmacy in this Province.

3. The words "certified clerks" mean persons who have "Certified passed the primary examination specified in this section, and clerks." have been duly registered as such.

4. The words "certified apprentices" mean persons who "Certified have passed the preliminary examination specified by this apprentices."] section, and have been duly registered as such.

[ocr errors]

5. The words board of examiners" mean a committee "Board of appointed by the council to conduct the examinations specified examiners." by this section.

6. The word "registrar" means an officer appointed by the Registrar." council to carry on the work of the association, under the provisions of this section.

7. The word "register" or "registers" means a list or lists, "Register." as the case may be, of persons registered under this section.

8. The word "drugs" means articles used medicinally, "Drugs." whether compounded or simple.

9. The word "poisons" means drugs or chemicals which are "Poisons." dangerous to human life.

10. The word "drug store" means a place where drugs and "Drug store.” poisons are sold by retail, or compounded.

[blocks in formation]

Power of

council of

association:

11. The words "druggist," "chemist," "apothecary," "pharmaceutist," "pharmacist," "pharmaceutical chemist," or "dispensing chemist," mean a person having a right to sell and compound drugs and poisons in this Province.

12. The word "person" or "persons" means corporate bodies as well as individuals and private associations. 48 V., c. 36, ss. 1 and 2.

$2.-Corporate Powers of the Association.

4020. The corporation known as the "Pharmaceutical Association of the Province of Quebec," is continued, with all rights and privileges with which it is vested by the acts constituting it. The association continues to have perpetual succession and a common seal, with power to alter, vary, break or renew the same at discretion.

By the same name it may sue and be sued, implead or be impleaded, answer and be answered unto in all courts in this Province, and may purchase, take or hold real and personal property, provided the real property so held by the said corporation does not, at any time, exceed the value of twenty thousand dollars.

It may hypothecate or alienate such property, and acquire other property instead thereof. 48 V., c. 36, s. 3.

§ 3.--Council of the Association.

4021. The affairs of the association are conducted by a council, composed of twelve licentiates of pharmacy, resident in this Province, six of whom retire annually, according to seniority. The retiring members are, however, eligible for re-election. 48 V., c. 36, s. 4.

4022. The council of the association has power:

1. To frame such by-laws as it deems proper and necessary To frame by for the purposes contemplated by this section, to alter and amend such by-laws from time to time, and to repeal the same in whole or in part, and substitute others therefor;

laws;

To appoint officers;

To replace

2. To elect at their first meeting, subsequent to the annual elections, from among their members, a president, two vicepresidents, a treasurer and an auditor, and also a proper person to be secretary and registrar;

3. To elect persons to replace members of the council who members of die, resign or are removed, and also persons to replace the auditor, when vacancies occur for the same reasons;

council who

die, &c;

How chosen.

To elect honorary members;

Not entitled to vote.

Such persons must be chosen from among the members of the corporation;

4. To elect as honorary and corresponding members of the association such persons as may be eminent for their scientific attainments;

Such honorary members shall not, as such, be entitled to vote at elections or to rank as licentiates of pharmacy;

« SebelumnyaLanjutkan »