shall not be entitled to any of the rights or privileges registered conferred by this act so long as such neglect or omission physicians. continues, and he shall be liable to all the penalties imposed by this act, or by any other act which may now be in force against unqualified or unregistered practitioners, and he shall pay a fine of five dollars Fine, every year until he is registered. 22. No person shall be entitled to recover any charge Registration required for in any court of law for any medical or surgical advice, collection of or for attendance, or for the performance of any operation, accounts. or for any medicine which he shall have prescribed or supplied, nor be entitled to any of the rights or privileges conferred by this act, unless he shall prove that he is registered under this act and has paid his annual contribution to the college. certificates.. 23. No certificate required by any act now in force, Idem, to give or that may hereafter be passed in this province from any physician or surgeon or medical practitioner, shall be valid, unless the person signing the same be registered under this act. convicted of 24. Any registered member of the medical profes- Physician sion who shall have been convicted of any felony in any felony. court, shall thereby forfeit his right to registration, and, by the direction of the provincial medical board, his name shall be erased from the register; or, in case a person known to have been convicted of felony, shall present himself for registration, the registrar shall have. power to refuse such registration. practicing. 25. Any person not entitled to be registered in Illegal this province, who shall be convicted upon the oath of one or more witnesses in accordance with the provisions of 38 Vict., ch. 35 of this province, of having practiced medicine, surgery or midwifery in the province of Quebec, for hire, gain, or hope of reward shall, upon summary conviction before a sheriff, or district magistrate or recorder, or judge of the sessions of the peace, be condemned to pay a fine of not less than twenty-five Fine. dollars, nor exceeding one hundred dollars. assumption 2. A like penalty shall be incurred by every person Illegal assuming the title of doctor, physician or surgeon, or any of title of other name implying that he or she is legally authorized to doctor, &c. practice medicine, surgery or midwifery, in this province, if unable to establish the fact by legal proof, and every person who by advertisement in any newspaper, or by printed or written circulars, or by card, or by sign-board assumes any addition, name or description implying or calculated to lead persons to infer that he or she is a duly Fine. Proof. Tribunal. Costs. Impris onment. Recovery and disposal of fines. Physicians witnesses. registered or qualified practitioner of medicine, surgery, and midwifery or any one of them, or any person offering or giving his or her services as physician, surgeon or midwife, if not duly licensed and registered in this prov ince, shall in each such case, be liable to be condemned to a like penalty. 3. In every prosecution under this act, the proof of registration shall be incumbent upon the prosecuted. 4. All prosecutions under this act, shall take place before any sheriff, district magistrate, or recorder, or judge of special sessions of the peace having jurisdiction in the locality where the offence was committed, and such sheriff, district magistrate, or recorder or judge of special sessions of the peace, besides the fine above. mentioned, shall have power to condemn in costs; and in the event of the costs and the fine not being paid, to order an imprisonment for a term not exceeding thirty days, unless the fine and costs be sooner paid: 26. The penalties imposed by this act shall be recoverable with costs, and the same may be sued for, and recovered by the said college of physicians and surgeons of the province of Quebec, by its corporate name, and the penalties being recovered shall belong to the said corporation for the use thereof. And neither in any such suit or in any other civil-action competent as to or in which the said corporation may be a party or interested, shall any member of the corporation be deemed incompetent as a witness by reason. of his being such member. Fines where and when paid. Suits authorized. Certified copy of register to make proof. 2. All penalties recoverable under this act, shall be paid over to the court convicting, and by the latter, to the treasurer of the provincial medical board. The provincial medical board may authorize any person to prosecute in his own name, any person, for any infringement of this act, and the provincial medical board shall have power to allow the prosecutor the whole or a portion of the penalties recovered. 27. In all cases where proof of registration under this act is required, the production of a printed or other copy of the register, certified under the hand of the registrar of the college of physicians and surgeons of the province of Quebec, for the time being, shall be sufficient evidence that all persons therein named are registered practitioners, in lieu of the production of the original register; and any certificate upon such printed or other copy of the register, purporting to be signed by any person in his capacity of registrar of the college under this act, shall be prima facie evidence that such person is such registrar, without any. proof of his signature, or of his being in fact such registrar. 28. The present board of governors elected under Present the provisions of the acts herein before repealed, shall board. be continued, and shall act until after the next triennial election, but subject in all other respects to the provisions of this act; and all by-laws, rules and regulations Present heretofore made by the said college of physicians and regulations. surgeons of Lower Canada, shall remain in force until repealed or modified under the provisions of this act. officers and 29. The officers appointed under the provisions of the Present acts repealed, shall retain their respective offices, and register. perform their respective duties under the provisions of this act, and all books and registers heretofore kept by them in conformity with the acts hereby repealed, shall be continued in use for their respective purposes under this act. 30. The college of physicians and surgeons of the Property &c., of old college province of Quebec is hereby vested with all the rights, transferred. powers, privileges, property and assets, heretofore belonging to the college of physicians and surgeons of Lower Canada. 31. Nothing in this act contained shall be construed Rights of hoto affect the rights of any persons under the provisions mœopathists of the act 28 Vict., cap. 59 and amendments thereto. 29 reserved. Vict., cap. 95. CAP. XXVII. An act to amend and repeal certain acts and enactments therein mentioned. [Assented to 28th December, 1876.] H act) amended. 1 The word "parliamentary" wherever used in the act 38 V. c. 7, 38 Victoria, chapter seven, intituled: " An act respect- (Electoral ing the election of members of the legislative assembly of the province of Quebec," shall be held and construed to mean and apply to the election of members of the legislative assembly of Quebec, only. The sections fifty-six and fifty-seven of the said act ss. 56, 57, are hereby repealed, and the following clauses enacted replaced. in lie thereof which shall be read and construed as if s. 218, amended. s. 235, amended. s. 238, amended: ss. 290, 291, repealed. they had originally formed part of the said act instead of the said sections hereby repealed, that is to say: "56. Every secretary-treasurer, who has refused or neglected to make the alphabetical list of electors as required by this act, or who having made the list, has wilfully inserted therein or omitted therefrom any name which should not have been so inserted or omitted therefrom, shall incur a penalty, not exceeding five hundred dollars or imprisonment not exceeding twelve months in default of payment." 57. Every person having the custody of electors' lists and whose duty it is to deliver copies thereof who shall have made any insertion or omission as in the preceding sections in the copies furnished by him, shall incur the penalty prescribed in the last preceding section." The following words "forge or counterfeit or alter," forming part of sub-section one of the section two hundred and eighteen of the said act, are hereby repealed and struck from the said sub-section one, which shall be read as if the said words had never formed a part thereof. Section two hundred and thirty-five of the said act shall be amended by striking out of the said section, after the word" penalty" therein, the words" in favor of such person" and also after the word "dollars" the words "together with all damages sustained by reason thereof," and substituting in place thereof the words following: "reserving to such person his recourse at law against such returning officer for all damages sustained by such person by reason thereof." The last paragraph of the section two hundred and thirty-eight, and the sections two hundred and ninety and two hundred and ninety-one of the said act are hereby severally repealed. 2. The sub-section one of section seventy-five of the act 38 V., c. 76, 38 Victoria, chapter seventy-six, intituled: "An act to (City of amend and consolidate the "act of incorporation of the city Three Rivers) of Three Rivers, and the various acts which amend the 8.75,replaced. same" is hereby repealed, and the following substituted therefor and shall be read and form the said sub-section. "I. For authorizing the sale of any spirituous, vinous, alcoholic or intoxicating liquor subject to such restrictions as they may deem expedient." Liquors. s. 79, § 4, repealed. 38 V., c. 78, (town of Lachine), amended. The fourth sub-section of section seventy-nine of the said last mentioned act is hereby repealed. 3. The act 38 Victoria, chapter seventy-eight, intituled : "An act to amend the act thirty-six Victoria, chapter fifty-three, intituled: "An act to incorporate the corporation of the town of Lachine." So much of the section of this act as empowers the Police force. police force thereby constituted to act against infringements of any federal or provincial law or without warrant to enter houses, store-houses, grocery stores, shops, inns or other suspicious places, or yards or other places within the limits of the said town for the arrest of any contravening person found therein or thereon, or to enter any inn, hotel or licensed shop for the sale of spirituous, vinous or fermented liquors to ascertain whether the laws or by-laws referred to regulating such places for the sale of such liquors have been observed, and to arrest on view any person for contravening those laws or by-laws aforesaid, prohibiting the sale of spirituous, vinous or fermented liquors without license, or to act as such police or constables elsewhere than within the limits of the said town or of contravention of any laws save and except the said by-laws, without special authority therefor, is hereby repealed. s. 91, amend 4. So much of the section ninety-one of the act 38 38 V., c. 79, Victoria, chapter seventy-nine, intituled: "An act to (City of Hull) incorporate the city of Hull," as gives power to the council ed. of the said city to make by-laws in relation to the several ferries between the said city and the city. of Ottawa and the township of Templeton, and for imposing penalties for the refusal or neglect of conformity with such by-laws and for regulating the recovery of such penalties in the appropriation to the said city of Hull, and the entire proviso to the said section as to the right of the mayor, aldermen and citizens of the said city, to grant licenses to keep such ferries, and for the equal division of the revenue from such licenses between both corporations, are hereby repealed. The fifth sub-section of the said section ninety-one is s. 91, § 5, replaced. hereby repealed and the following substituted to be read in lieu thereof and to form the said sub-section: 66 5. For authorizing the sale of any spirituous, vinous, Liquors. alcoholic or intoxicating liquors, subject to such regulations as they may deem expedient.' The one hundred and thirtieth section of the said last s. 130, act is hereby repealed. repealed. The section one hundred and sixty-six of the said last s. 166, act is hereby amended by striking therefrom the words amen ed. following of the said section after the word "manner" in the said section, to wit:-"all offenses against the provisions of the act chapter one hundred and two of the consolidated statutes for Lower Canada is so far as the provisions of the said act are applicable to the said city and also" which shall form no part of the act and by substituting therefor the words following: "as herein before provided." |