47 Vic. c. 62, repealed. persons to be members of the University Council, and of these seven persons so to be selected three shall be members of the Manitoba Medical College, as provided in the first sub-section of section six of this Act. (1.) The said seven persons shall be selected in the manner provided by by-law or resolution of the Council and they shall thereby become members of the Council of the University of Manitoba within the meaning of section three of the Act known as "The University Act of Manitoba." 26. Section 13 of the Act passed in the 47th year of Her sees. 11 and 13 Majesty's reign chaptered 62 is hereby repealed, and all that portion of section 11 of the said Act beginning with the words" and in such" in the fourth line to the end of the section, is hereby repealed. Tariff of fees. Neglecting to register. Falsifying register. Erasure on account of fraudulent 27. The Council may from time to time submit to a general meeting of the College of Physicians and Surgeons duly called for that purpose, a tariff of professional fees and charges and upon such tariff of fees receiving the approval of a majority of the meeting, the same shall thereafter until changed as above provided be held in all courts of justice prima facie to be a reasonable scale of charges. OFFENCES AND PENALTIES. 28. Any person entitled to be registered under this Act, but who neglects or omits to be so registered, shall not be entitled to any of the rights or privileges conferred by registration under the provisions of this Act, so long as such neglect or omission continue, and he shall be liable to all the penalties imposed by this Act, or by any other Act in force against unqualified or unregistered practitioners. 29. If the Registrar makes or causes to be made any wilful falsification in any matter relating to the register, he shall incur a penalty of fifty dollars, and shall be disqualified from again holding that position. 30. If any person procures or causes to be procured his registration under this Act, by means of any false or fraudulrepresentation ent representations or declaration, either verbally or in writing it shall be lawful for the Registrar, upon the receipt of sufficient evidence of the falsity or fraudulent character of said representations or declaration, to represent the matter to the Council, and upon the written order of the President, attested by the Seal of the College, to erase the name of such person from the Register, and to make known the fact and cause of such erasure by notice to be published in the Manitoba Gazette; and after such notice has appeared, the person whose name has been erased as aforesaid shall cease to be a member of the College of Physicians and Surgeons of Manitoba, and shall cease to enjoy any of the privileges enjoyed or conferred by registration under this Act at any further time without express sanction of the Council. (1.) If any person wilfully procures or attempts to procure Fine. himself to be registered under this Act, by making any false or fraudulent representation or declaration, either verbally or in writing, he shall on conviction thereof before any justice of the peace, incur a penalty not exceeding one hundred dollars; and every person knowingly aiding or assisting him therein, shall on conviction thereof, incur a penalty of not less than twenty or more than fifty dollars for each offence. registered pro 31. It shall not be lawful for any person not registered to Persons not practice medicine, surgery or midwifery for hire, gain or hope hibited from of reward, and if any person not registered pursuant to this practising. Act, for hire, gain or hope of reward practices or professes to practice medicine, surgery or midwifery, or advertises to give advice in medicine, surgery or midwifery, he shall upon a summary conviction thereof, before any justice of the peace, for any and every such offence pay a penalty not exceeding one hundred dollars, nor less than twenty-five dollars. etc. 32. Any person who wilfully or falsely pretends to be a Penalty for physician, doctor of medicine, surgeon or general practitioner, assuming title, or assumes any title, addition or description other than he actually possesses and is legally entitled to, shall be liable on conviction thereof, before a justice of the peace, to a penalty not exceeding fifty dollars nor less than ten dollars. etc. 33. Any person not registered pursuant to this Act, who Penalty for as takes or uses any name, title, addition or description implying suming title, or calculated to lead people to infer that he is registered under this Act, or that he is recognized by law as a Physician, Surgeon, Accoucheur, or a Licentiate in Medicine, Surgery or Midwifery, shall be liable upon a summary conviction thereof before a justice of the peace to pay a penalty not exceeding one hundred dollars nor less than twenty-five dollars. cannot reeover 34. No person shall be entitled to recover any charge in Non registered any court of law for any medical or surgical advice, or for practitioners attendance, or for the performance of any operation, or for any fees. medicine which he may have prescribed or supplied, unless he is registered under this Act; but this section shall not extend to the sale of any drug or medicine by any duly licensed chemist or druggist. 35. No person shall be appointed as medical officer, physi- Non-registered cian or surgeon in any branch of the public service of this eligible for persons not office. non-registered Province, or in any hospital or other charitable institution not supported wholly by voluntary contributions, unless he is registered under the provisions of this Act. Certificates by 36. No certificate required by any Act now in force or that practitioner may hereafter be passed, from any physician or surgeon or medical practitioner shall be valid unless the person signing the same is registered under this Act. invalid. Prosecutions 37. Any prosecutions under this Act may be brought or under this Act. heard before any one or more of Her Majesty's Justices of the Peace having jurisdiction where any such offencǝ has been committed; and such Justice or Justices may award a payment of costs in addition to the penalty; and in case the penalty and costs awarded by him or them are not upon Imprisonment conviction forthwith paid, may commit the offender to the common gaol, there to be imprisoned for any term not exceeding one month, unless the penalty and costs are sooner paid. in default of payment. Form of prosecutions. Security upon appeals. Burden of proof. Certificates to make prima facie proof. 38. All prosecutions against any one acting in contravention of the provisions of this Act shall take place in accordance with the Act of the Parliament of Canada respecting the duties of justices of the peace out of sessions in relation to summary convictions and orders, and any Act or Acts amending the same. 39. Any person convicted under this Act who gives notice of appeal against the decision of the convicting Justice shall be required, before being released from custody, to give the said Justice satisfactory security for the amount of the penalty, costs of conviction and appeal. 40. In any trial under this Act the burden of proof as to registration shall be upon the person charged. 41. In all cases where proof of registration under this Act is required to be made, the production of a certificate that that the person or persons therein named is or are duly registered, certified under the hand of the Registrar of the Council for the time being shall be sufficient evidence of such registration in lieu of the production of the original register; and any such certificate purporting to be signed by any person in his capacity of Registrar of the Council 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. Limitation of 42. Every prosecution under this Act shall be commenced prosecutions. within six months from the date of the alleged offence. 43. The Council, by an order signed by the President hav- Stay of proing the seal of the College appended thereto, may stay pro- ceedings. ceedings in any prosecution under this Act where it is deemed expedient. under Act to 44. All penalties recoverable under this Act shall be paid Penalties to the convicting Justice and by him paid to the Registrar of form part of the College and shall form part of the funds thereof. Any fund." person may be prosecutor or complainant under this Act, and the Council may allot such portion of the penalties recovered as may be expedient towards the payment of such prosecution. 45. All moneys forming part of the Council funds, shall be Council funds. paid to the Treasurer, and may be applied to carry this Act into execution. of terms. 46. The words "legally qualified medical practitioner" or Interpretation "duly qualified medical practitioner," or any other words importing legal recognition of any person as a medical practitioner or member of the medical profession, when used in any Act or law shall, in so far as such Act or law applies to this Province, be construed to mean a person registered under this Act. from jury 47. Every person who shall register under the provisions of Exemption this Act shall be exempt if he so desire, from serving on all service. juries and inquests whatsoever. SCHEDULE A. (Sec. 21.) Form. No. Name. Remarks. CAP. XXXII. An Act to regulate Lien Notes. Precrois acto 30731-47 V. repeated by c. 36-480, goods to have etc. H [Assented to 28th May, 1886.] ER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: Manufactured 1. From and after the coming into force of this Act, receipt name stamped, notes, hire receipts and orders for chattels given by bailees of chattels, where the condition of the bailment is such that the possession of the chattel should pass without any ownership therein being acquired by the bailee, shall only be valid in the case of manufactured goods or chattels, which at the time the bailment is entered into, have the manufacturer's name or some other distinguishing name painted, printed, stamped or otherwise plainly attached thereto, and no such bailment shall be valid unless it is evidenced in writing, signed by the person thus taking possession of the chattel. Manufactur- 2. Every manufacturer and his agents shall forthwith, on information. application, furnish to any applicant full information respecting the balance due on any such manufactured goods or chattels and the terms of payment of such balance, and in case he or they refuses or refuse, neglects or neglect to furnish the information asked for, such manufacturer or agent shall be liable to a fine of not less than ten dollars nor more than fifty dollars on conviction before any justice of the peace. CAP. XXXIII. An Act to amend the Act for better ensuring the efficiency of the Civil Service of Manitoba by providing for the superannuation of persons employed therein in certain cases. Cap 8. 48 Vict. A.1C.11.57-V. Refealed 7.1 47 Vic., c. 43, HE [Assented to 28th May, 1886.] ER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: 1. Section Six of the Statutes of Manitoba, 47 Victoria, 8. 6 repealed. chapter forty-three, is hereby repealed and the following is substituted in lieu thereof : |