Communication Essay

Or 3 that, being a british subject, he was practising medicine orsurgery, or a branch of medicine or surgery in the united kingdom onthe prescribed day, and that he has continued practising the samein the united kingdom or elsewhere, for not less than ten yearsimmediately preceding the said prescribed day 12 the medical diploma granted in a british possession or foreign countryto which this act applies, which is to be deemed requisite, shallbe such a diploma as may be recognized by the general council asfurnishing a sufficient guarantee of the possession of the requisiteknowledge and skill for the efficient practice of medicine, surgery, and midwifery when the general council have refused to recognize any such diploma, the privy council may, on appeal, after communicating with the generalcouncil, order the general council to recognize such diploma if the refusal of the registration of a colonial or foreignpractitioner be on any other ground, the registrar of the generalcouncil shall, if required, state in writing the reason for therefusal, and the person refused may appeal to the privy council, which, after communicating with the general council, may dismiss the appealor order the general council to enter the name of the applicant on theregister a person may be registered both as a colonial and foreign practitioner13 the medical register shall contain separate lists of the names andaddresses of colonial and foreign practitioners, and the provisionsof 21 and 22 vict , c 90, relating to persons registered and to themedical register, and to offences, shall apply in the case of colonialand foreign practitioners registered under this act so far as may be14 any registered practitioner on the list of colonial or foreignpractitioners who is in possession of or obtains any recognizedcolonial or foreign medical diploma granted in a british possession orforeign country to which this act applies may cause a description ofsuch diploma to be added to his name in the medical register s 15 any registered medical practitioner on the medical register by virtueof english, scotch, or irish qualifications, and in possession of aforeign degree in medicine, may cause a description of such foreigndegree to be added to his name as an additional title in the medicalregister, provided he satisfy the general council that he obtained suchdegree after a proper examination and prior to the passage of this act16 her majesty may from time to time, by order in the council, declarethat this act be deemed to apply to any british possession or foreigncountry which in the opinion of her majesty affords the registeredmedical practitioners of the united kingdom such privileges of practicein the said british possessions or foreign countries as to her majestymay seem just. And on and after the day named in such order suchbritish possession or foreign country shall be deemed to be a britishpossession or foreign country to which this act applies her majestymay also renew or revoke any such order, and upon such revocation suchpossession or foreign country shall cease to be a possession or countryto which this act applies without prejudice to the right of any personwhose name has already been entered on the register 17 nothing in the medical act of 1858 shall prevent a person holdinga medical diploma, entitling him to practise medicine or surgeryin a british possession to which this act applies, from holding anappointment as a medical officer in any vessel registered in thatpossession 18 default of general council - in default of the general council toperform any duty, the privy council may notify their opinion tothe general council, and on the failure of the general council tocomply with any direction of the privy council, the privy council maythemselves give effect to such direction, and for that purpose exerciseany power vested in the general council, and of their own motion doanything which they are authorized to do in pursuance of a report orsuggestion from the general council 19 sanitary science - every registered medical practitioner to whom adiploma for proficiency in sanitary science, public health or statemedicine has after special examination been granted, by any college orfaculty of physicians or surgeons or university in the united kingdom, or by any such bodies acting in combination, shall, if such diplomaappear to the privy council or general council to deserve recognitionin the medical register, be entitled on the payment of such fee as thegeneral council may appoint, to have such diploma entered in the saidregister in addition to any other diploma or diplomas in respect ofwhich he is registered 21 evidence - any act of the privy council shall be sufficiently signifiedby an instrument signed by the clerk of the council, and every orderand act signified by an instrument purporting to be signed by the clerkof the council shall be deemed to have been duly made and done by theprivy council, and every instrument so signed shall be received inevidence without proof of the authority or signature of the clerk ofthe council or other proof 22 the following copies of any orders made in pursuance of medical acts orthis act shall be evidence. 1 any copy purporting to be printed by the queen printer, or by anyother printer in pursuance of an authority given by the general council 2 any copy of an order certified to be a true copy by the registrarof the general council, or by any other person appointed by the generalcouncil, either in addition to or in exclusion of the registrar, tocertify such orders 23 rights unaffected - this act does not vary the rights of personspractising as registered medical practitioners on the day preceding theday when it goes into effect 24 in consequence of the repeal of any enactment repealed by this act, noperson legally entitled to practise as a medical practitioner in anycolony or writing of her majesty dominions other than the united kingdomshall cease to be so entitled if he would have been entitled if no suchrepeal had taken place 25 definitions - in the act the word diploma means any diploma, degree, fellowship, membership, license, authority to practise, letters, testimonial, certificate or other status or document granted by anyuniversity, corporation, college, or other body or by any dewritingmentsof or person acting under the authority of the government of anycountry or place within or without her majesty dominion s 27 fees - the fees are to be determined by the general council within thelimits set by the various sections authorizing fees british columbia medical council - there is a body styled “the medical council ofbritish columbia, ” composed of seven members who are registered medicalpractitioners elected by the votes of registered medical practitioners cons acts 1888, c 81, s 2, 3, 4, 5 no person can lawfully vote at such election unless his fees to thecouncil have been paid. And no person is eligible to election unlessqualified to vote at such election 14 a register of such qualified voters is required to be prepared by theregistrar of the council and no person is entitled to vote whose nameis not on the register. It is the duty of the registrar to examine intothe written complaint of any medical practitioner as to the improperomission or insertion of any name in the list. And appeal from hisdecision lies to a judge of the supreme court in a summary way, whosedecision shall be final, and no unregistered person may vote s 16, 17 register - the council is required to appoint a registrar and to causea register to be kept by him of the names of all persons who havecomplied with this act and with the rules and regulations made by thecouncil respecting the qualifications of practitioners of medicine orsurgery, and those persons only whose names are inscribed in the saidregister, are deemed qualified and licensed to practise medicine orsurgery except as hereinafter provided 26 the registrar is required to keep his register correct, and to make thenecessary alterations in the addresses and qualifications of registeredpersons 27 qualification - every person at the passage of the act 1886registered under the medical ordinance of 1867 is entitled to beregistered under this act 28 the council is required to admit upon the register any person who shallprocure from any college or school of medicine and surgery requiringa three-years’ course of study, a diploma of qualification, providedhe furnish to the council satisfactory evidence of identity and passbefore the members thereof a satisfactory examination touching hisfitness and capability to practise as a physician and surgeon s 29 the council is required to admit upon the register every personmentioned in 49 and 50 vict , c 48, of the acts of parliament of theunited kingdom, duly registered under the imperial medical act, priorto and inclusive of june 30th, 1887, upon complying with the orders, regulations or by-laws of the council and giving due proof of suchregistration, and that the person applying for registration has notlost the benefit of same by reason of misconduct or otherwise, and uponpayment of the fees fixed by the council, not to exceed one hundreddollars act 1893, c 27, s 2 duties of council - the council is required to make orders, regulations, or by-laws for regulating the register and the fees tobe paid for registration, and to make rules and regulations for theguidance of examiners, and may prescribe the subjects and modes ofexamination, and make all such rules and regulations in respect ofexaminations not contrary to this act as they deem expedient andnecessary cons acts 1888, c 81, s 31 forfeiture of right - any registered practitioner convicted of anyfelony thereby forfeits his right to registration and by direction ofthe council his name is required to be erased from the register, or incase a person known to have been convicted of felony presents himselffor registration, the registrar has power to refuse such registration32 rights of registered practitioner - every person registered under theact is entitled to practise medicine and surgery, including midwifery, or any of them as the case may be, in british columbia, and to demandand receive in any court of the province, with full costs of the suit, reasonable charges for professional aid, advice, and visits, and thecosts of any medical or surgical appliances rendered or supplied by himto his patient 33 evidence - the registrar of the council, under the direction of thecouncil, is required to publish a correct register of the names andresidences with the medical titles, diplomas, and qualificationsconferred by any college or body, of all persons appearing on theregister at the date of publication said register is called “thebritish columbia medical register ” a copy of such register for thetime being, purporting to be so printed and published, shall be primafacie evidence that the persons therein specified are registeredaccording to the provisions of this act. And, subject to sub sec 2of this section, the absence of the name of any person from such copyshall be prima facie evidence that such person is not registeredaccording to this act 34 in the case of a person whose name does not appear in such copy, acertified copy under the hand of the registrar of the entry of the nameof such person on the register shall be evidence that such person isregistered under this act 34, sub s 2 homœopathic physicians - any homœopathic physician holding a diplomaof qualification from any authorized school or college requiring athree-years’ course of study may be registered, and shall not be boundto pass the examination required by sec 29, but in lieu thereof, shallpass before the council, or such of them as may be appointed for thatpurpose, a satisfactory examination in anatomy, physiology, pathology, chemistry, obstetrics, and surgery 35, as amended, act 1890, c 30, s 2 neglect to register - those entitled to register and neglecting to doso are not entitled to any of the rights and privileges conferred byregistration and are liable to all penalties against unqualified orunregistered practitioners 37 fraudulent registration - if a person procures or causes to be procuredhis registration by means of any false or fraudulent representation ordeclaration, the registrar may, on receipt of sufficient evidence tothat effect, report the matter to the council and, on the written orderof the president, attested by the seal of the council, erase the nameof such person from the register and make known the fact and the causethereof in the british columbia gazette, and after such notice hasappeared such person shall cease to be a registered practitioner, andto enjoy any of the privileges conferred by registration, without theexpress sanction of the council 39 to wilfully procure or attempt to procure registration by falserepresentations or declarations is punishable by a penalty notexceeding $100 to knowingly aid or assist therein is punishable with apenalty of from $20 to $50 for each offence 40 unlawful practices - it is not lawful for any person not registeredto practise medicine or surgery for hire, gain, or hope of reward to so practise or profess to practise, or advertise to give advice inmedicine or surgery, is punishable with a penalty of from $25 to $10041 for a person to wilfully or falsely pretend to be a physician, doctor, or medical, surgical, or general practitioner, or assume any title, address, or description other than he actually possesses and is legallyentitled to, is punishable by a penalty of from $10 to $50 s 42 a person not registered who takes or uses any name, title, addition, ordescription implying or calculated to lead people to infer that he isregistered or recognized by law as a physician, surgeon, or licentiatein medicine or surgery is punishable with a penalty of from $25 to $10043 costs may be awarded in addition to the penalty against an offender, and on default of payment he may be committed to the common jail forone month unless the costs are sooner paid 47 unregistered persons - no one but a person registered under this act isentitled to receive any charge for any medical or surgical advice orattendance or the performance of any operation or for any medicine thathe may have prescribed 44 appointments as medical officers, physicians, or surgeons in any branchof the public service, or in a hospital or a charitable institution notsupported wholly by voluntary contribution, are conferred on registeredpersons only 45 no certificate required from any physician or surgeon or medicalpractitioner is valid unless the signer is registered 46 evidence - in a prosecution, the burden of proving registration is uponthe person charged 48 registration may be proved by the production of a printed or othercopy of the register certified under the hand of the registrar of thecouncil for the time being, and any certificate on such copy purportingto be signed by any person as registrar is prima facie evidence thathe is registrar without further proof 49 limitations - prosecutions under the act must be commenced within sixmonths from the date of the offence 50 stay - the council may stay proceedings in prosecutions 51 prosecutor - any person may be prosecutor or complainant under the act52 fees - to the registrar, for registration under this act, such sum asmay from time to time be fixed by the council by resolutions or by-law, but not exceeding $100 36, as amended, act 1893, c 27, s 1 to the medical council, on or before march 1st, annually, $10, or suchother sum as may from time to time be fixed by the council s 53, as amended, act 1890, c 30, s 3 for registration, by persons registered under act 1893, c 27, s 2, afee fixed by the council not to exceed $100 act 1893, c 27, s 2 manitoba college of physicians and surgeons - the medical profession isincorporated as “the college of physicians and surgeons of manitoba” rev stat of man , 1891, c 98, s 2 all persons lawfully registered under previous acts or the present actare members of the said college 3, 4 council - there is constituted by law a council of the said collegecomposed of representatives selected as provided in the act, each ofwhom must be a practitioner licensed under this act 5 to 8 no member of the college who is in arrears for his annual fees or anywriting thereof is entitled to vote at the election for members of thecouncil or be eligible for election as a member thereof 15 register - the council is required to appoint a registrar and to causea register to be kept in which shall be entered the name of everyperson registered under this act or under the consolidated statutes ofmanitoba, chap 9, and the acts amending the same, and of all personswho comply with this act, and the rules and regulations made by thecouncil respecting the qualifications of practitioners of medicine, surgery, and midwifery only those whose names are inscribed in thebook are deemed qualified and licensed to practise medicine, surgery, or midwifery 17, 24, 25 qualification - all persons duly registered under existing laws whenthe revised statutes took effect are deemed registered under thepresent law 27 the registrar was required immediately upon his appointment to registerthe name of every person registered under previous acts 28 every person who possesses one or more of the following qualificationsshall, upon the payment of the fee, to be fixed for each writingicularclass by by-law of the council, be entitled to be registered on theproduction to the registrar of the document proving such qualification:1 persons entitled to be registered at the time of the coming intoforce of the revised statutes 2 any member of any incorporated college of physicians and surgeonsof any province of the dominion of canada, or any member of any otherincorporated body of medical men in canada, exercising powers similarto those conferred by this act on the college of physicians andsurgeons of manitoba, where, by the laws of the province under whichthe said incorporated body exists, similar rights to register and topractise medicine are granted to the persons incorporated under thisact 3 every person mentioned in chap 48 of act 49 and 50 vict of theparliament of the united kingdom 4 every graduate in medicine upon examination of the university ofmanitoba 5 every person who produces to the registrar the certificate under thecorporate seal of the university of manitoba hereinafter provided for29 the registrar is required to keep his register correct, and to makefrom time to time the necessary alterations in the addresses orqualifications of the persons registered 30 every person registered who obtains a higher degree or otherqualification is entitled to have it inserted in the register insubstitution of or in addition to the qualification previouslyregistered, on the payment of such fees as the council may appoint34 no qualification is entitled to be entered on the register unless theregistrar be satisfied by proper evidence that the person claiming itis entitled thereto appeal lies from the registrar decision to thecouncil 35 the registrar, if dissatisfied with the evidence adduced, may, subjectto appeal to the council, refuse registration until proper evidence isfurnished, duly attested by oath or affirmation before a judge of anycounty court 36 fraudulent registration - any entry proved to the satisfaction of thecouncil to have been fraudulently or incorrectly made may be erasedfrom the register by order in writing of the council 38 if a person procures or causes to be procured his registration by falseor fraudulent representations or declarations, the registrar may, on the receipt of sufficient evidence of the falsity or fraudulentcharacter, represent the matter to the council, and may on the writtenorder of the president, attested by the seal of the college, erase hisname from the register, and cause notice of the fact and cause to bepublished in the manitoba gazette, and after such notice has appearedsuch person shall cease to be a member of the college of physiciansand surgeons, and to enjoy any privilege enjoyed or conferred byregistration at any further time without the express sanction of thecouncil 39 forfeiture of rights - any registered medical practitioner convictedof felony or misdemeanor before or after the passage of the act or hisregistration forfeits his right to registration, and by direction ofthe council his name shall be erased if a person known to have beenconvicted of felony or misdemeanor presents himself for registration, the registrar may refuse registration if any person registered bejudged, after due inquiry by the council, to have been guilty ofinfamous or unprofessional conduct in any respect, the council maydirect the registrar to erase his name 40 the council may, and upon the application of any three registeredmedical practitioners shall, cause inquiry to be made into the case ofa person liable to have his name erased from the register, and on proofof such conviction or such infamous or unprofessional conduct shallcause his name to be erased. But no erasure shall be made on account ofhis adopting or refraining from adopting the practice of any writingiculartheory of medicine or surgery, nor on account of conviction for apolitical offence out of her majesty dominions, nor on account of theconviction which ought not in the opinion of the council or committeedisqualify him from the practice of medicine or surgery 41 the council may order to be paid, out of funds at their disposal, such costs as to them may seem just, to any person against whom anycomplaint has been made which, when fully determined, is found to havebeen frivolous and vexatious 42 an entry erased by order of the council shall not be again enteredexcept by order of the council or a judge or court of competentjurisdiction 43 if the council think fit, they may direct the registrar to restore anyentry erased, without a fee, or on payment of a fee not exceeding theregistration fee, as the council may fix 44 the council is authorized to ascertain the facts of any case for theexercise of its powers of erasing and restoring by committee s 45 the act provides in detail for proceedings before such committee46 to 50 no action shall be brought against the council or committee foranything done bona fide under the act appeal from the decision toerase lies to any judge of the court of queen bench for manitoba, and such judge may make such order as to restoration or confirmationof erasure or for further inquiry, and as to costs, as to him may seemright 51 evidence - in a trial under this act the burden of proof as toregistration is on the person charged 53 the production of a certificate that the person named is dulyregistered, certified under the hand of the registrar, is sufficientevidence of registration, and his signature in the capacity ofregistrar is prima facie evidence that he is registrar without proofof signature or that he is registrar 54 the registrar is required to print and publish from time to time underthe direction of the council a correct register of the names andresidences, with medical titles, diplomas, and qualifications conferredby any college or body, with the date thereof, of all persons appearingon the register as existing on the day of publication 55 the register is called “the manitoba medical register;” a copy thereoffor the time being purporting to be so printed and published is primafacie evidence that the persons specified are registered s 56 in the case of any person whose name does not appear in such copy, acertified copy under the hand of the registrar of the council of theentry of the name of such person on the register is evidence thatsuch person is registered 57 the absence of the name ofany person from such copy is prima facie evidence that he is notregistered 58 practitioner rights - every person registered is entitled accordingto his qualifications to practise medicine, surgery, or midwifery, orany of them as the case may be, and to demand and recover full costsof suit, reasonable charges for professional aid, advice, and visits, and the cost of any medicine or other medical appliances rendered orsupplied by him to his patient 59 neglect to register - a person neglecting to register is not entitledto the rights and privileges conferred, and is liable to all penaltiesagainst unqualified or unregistered practitioners 60 unregistered persons - it is not lawful for any person not registeredto practise medicine, surgery, or midwifery for hire, gain, or hope ofreward 61 no person is entitled to receive any charge for medical or surgicaladvice or attendance, or the performance of any operation, or forany medicine which he may have prescribed or supplied, unless he beregistered, but this provision does not extend to the sale of any drugor medicine by a licensed chemist or druggist 62 no person can be appointed as a medical officer, physician, orsurgeon in the public service, or in any hospital or other charitableinstitution not supported wholly by voluntary contribution, unless hebe registered 63 no certificate required from any physician or surgeon or medicalpractitioner is valid unless the signer be registered 64 definition - the expression “legally qualified medical practitioner, ”or any other words importing legal recognition as a medicalpractitioner or member of the medical profession, in any law, isconstrued to mean a person registered under this act 65 immunities - a person registered under this act is exempt from jury andinquest duty if he desire it 66 limitations - no duly registered member of the college of physiciansand surgeons is liable in an action for negligence or malpractice byreason of professional services requested or rendered, unless it becommenced within one year from the termination of such service s 67 examinations - the university of manitoba is the sole examining bodyin medicine, and the council of the university may grant to any persona certificate under the seal of the university that the council ofthe university have been satisfied that the person mentioned in thecertificate is, by way of medical education and otherwise, a properperson to be registered under this act. But such certificate shall notbe granted until the person making such application shall have givenevidence of qualification by undergoing an examination or otherwise, as the statutes of the university require, and the applicant shall inall other respects first comply with the rules and regulations of theuniversity in that behalf 68 homœopathists - until a homœopathic medical college for teachingpurposes is established in manitoba, in the case of candidates wishingto be registered as homœopathists, the full time of attendance uponlectures and hospitals required by the university statutes may be spentin such homœopathic medical colleges in the united states or europe asmay be recognized by the university of manitoba 69 every candidate who at the time of his examination signifies hiswish to be registered as a homœopathic practitioner shall not berequired to pass an examination in materia medica or therapeutics, ortheory or practice of physic, or in surgery or midwifery, except theoperative practical writings thereof, before any examiners other thanthose homœopathic examiners who shall be appointed by the university ofmanitoba 70 unlawful practices - to wilfully procure or attempt to procureregistration by false or fraudulent representation or declaration, ispunishable by a penalty not exceeding $100 to knowingly aid or assisttherein, is punishable by a penalty of from $20 to $50 for each offence73 persons not registered, for hire, gain, or the hope of reward, practising or professing to practise medicine, surgery, or midwifery, or advertising to give advice in medicine, surgery, or midwifery, areliable to a penalty of from $25 to $100 74 a person wilfully or falsely pretending to be a physician, doctorof medicine, surgeon, or general practitioner, or assuming a title, addition, or description other than he actually possesses and islegally entitled to, is liable to a penalty of from $10 to $50 s 75 for a person to assume a title calculated to lead people to infer thathe is registered, or is recognized by law as a physician, surgeon, or accoucheur or a licentiate in medicine, surgery, or midwifery, ispunishable with a penalty of from $25 to $100 76 on prosecution, costs may be awarded in addition to the penalty, andthe offender may be committed to the common jail for one month, unlessthe penalty and costs are sooner paid 78 prosecutor - any person may be prosecutor or complainant under the act80 limitations - prosecutions are limited to commence within six monthsafter the date of the offence 81 appeal - a person convicted under this act, giving notice of appeal, must before being released give satisfactory security for the penaltyand costs of conviction and appeal 82 stay - the council may stay proceedings in prosecutions 84 fees - the council is authorized to determine by by-law an annual fee, which is required to be paid by each member of the college the fee canbe not less than $2, nor more than $5, is payable on january 1st, andmay be recovered as a debt by the college 32 the fee for registration is subject to regulation by the council33 new brunswick medical society - all persons registered under the act constitute thenew brunswick medical society act 1881, c 19, s 2 council - there is a medical council called the council of physiciansand surgeons of new brunswick, of nine legally qualified medicalpractitioners, of not less than seven years’ standing.

A few dilated air-cells might be seen towardtheir anterior borders, and there might be small hemorrhages over thesurface his experiments appear to show that subpleural ecchymosesoccur as a result of violent and repeated efforts to breathe amongother experiments780 he stopped the mouth and nostrils of a youngcalf long enough to excite violent efforts at respiration. It wasthen instantly killed by pithing the lungs were found pale red, not congested, but showed subpleural ecchymoses page believedthese were due to the changed relation between the capacity of thethorax and volume of lungs liman found these ecchymoses in paper ofstrangulation, hanging, drowning, poisoning, hemorrhage, and œdema ofbrain, in the new-born, etc he failed to find them in essay paper ofsuffocation he believes them due to blood pressure from stasis inthe blood-vessels ssabinski781 made thesis experiments on dogs andcats to ascertain the presence or absence of subpleural ecchymoses instrangulation, drowning, section of pneumogastrics, opening of pleuralsac, compression of chest and abdomen, closure of mouth and nose, burial in pulverulent materials, etc similar hemorrhages may appearon the mucous and serous membranes, as the respiratory, digestive, andgenito-urinary tracts, and pleuræ, pericardium, peritoneum, membranesof brain, and the ependyma these are essaytimes minute and stellate, at others irregular in shape. Thesis are bright-colored accordingto tardieu the punctiform ecchymoses are rarely present except insuffocation maschka, 782 in 234 paper of asphyxia, found the lungscongested 135 times, anæmic 10, and œdematous 42 he thinks thesubpleural ecchymoses valuable signs of asphyxia the bronchial tubes are usually full of frothy, bloody mucus, and themucous membrane is much congested and shows abundant ecchymoses the lining membrane of the larynx and trachea is always congested andmay be livid. The tube may contain bloody froth or blood alone tidy comparing strangulation and hanging concludes that becausestrangulation is usually homicidal, and greater violence is used, therefore the external marks are more complete in strangulation and thecongestion of the air passages is invariably much greater maschka found the pharynx cyanotic in 216 of 234 paper of asphyxia the other mucous membranes are generally much congested serum is foundin the serous cavities maschka783 considers the rounded, pin-head ecchymoses of the innersurface of the scalp and pericranium valuable evidence of asphyxia the brain and membranes are essaytimes congested. Occasionallyapoplectic maschka784 found congestion of brain and membranes 48times and anæmia 30 times in 234 paper of asphyxia the abdominal organs are generally darkly congested, although maschkadenies this for the liver and spleen in asphyxia the congestion of the viscera generally is doubtless due largely to theprior congestion of lungs and engorgement of heart page785 experimented on six kittens, strangling three of them by the hand, the other three by ligature the results of the post-mortem examinations were nearly similar. The veins were full of dark fluid blood. The right cavities of the heart were similarly gorged, the left empty. Lungs pale red, not congested and not distended brain normal the differences were in the lungs. In the first series there were thesis small, irregular, circumscribed, dark-red ecchymoses scattered over the general surface. In the second, a small number of bright-red ecchymoses, essaywhat larger than a large pin-head langreuter786 made essay experiments on a cadaver from which enough of the posterior writing had been removed to enable him to view the throat he saw that the lateral digital pressure on the larynx closed the glottis. Stronger pressure made the vocal cords override each other similar pressure between the larynx and hyoid bone caused apposition of the ary-epiglottic folds and occlusion of the air-passages he experimented on sixteen bodies to ascertain the effect of blows and pressure on the larynx, with the following results. In eight paper, women, the thyroid cartilage was injured three times, the cricoid four.

Seealso id , vol xviii , p 440 further consideration of the validityof contracts for medical and surgical services will be had hereafter a full synopsis of the statutes of the different states regulating thelicensing of physicians and surgeons in force at the time this volumegoes to press will be placed in another chapter in a suit between a person who has performed medical and surgicalservices, and one who employed him, it is said that the personperforming the services is presumed to have been licensed to doso communication essay 157 if the state sues for a penalty, a different rule is claimedto prevail 158how may a diploma or license be proved in a court of law?. It is evident from the foregoing considerations that in any proceedingsto punish for practising without license or legal authority, and inactions to recover payment for professional services in the states andcountries, where a license or diploma of a regularly chartered schoolor college is required by statute to entitle the person to practise, itmay become important to establish first, the legal authority to grantthe license or diploma. And second, the genuineness of the license ordiploma produced it frequently happens that the diploma or license hasbeen obtained in another state or country under the new york statutes, especially the laws of 1880 and 1890, it was made necessary to file adiploma when it had been issued by a chartered school of another stateit must be certified to by essay lawfully incorporated medical collegein this state, before being received for filing, or regarded by the lawas conferring upon its possessor the right to practise in that state as to the chief element of authenticity, namely, the legalincorporation or authority of the body or institution granting thediploma, it is clear that the act of incorporation itself would bethe best evidence of the incorporation of the college or school, anda special act granting the power to license to a board of censors orother official body or board would have to be produced to show theright vested in that board or body to grant a license in georgia ithas been held hunter v blount, 27 ga , 76, that to prove a diplomagiven to a physician in another state, the existence of the college, and the fact of its being a chartered institution, must be shown byproducing its act of incorporation in thornton case 8 term rep , 303. Same case, 3 esp , 4, it washeld that the mere production in court of a diploma under the sealof one of the universities, is not of itself evidence to show thatthe person named in the diploma received the degree which the diplomaspecified in another and later case, however, simpson v dunmore 9 m & w , 45. Same case, 5 jurist, 1012, it was held that it wasunnecessary for the person producing a license from the apothecaries’company an incorporated body to practise as an apothecary, the sealon which license was proved to be genuine, to give any additionalevidence of his identity with the person named in the license thereason for this doctrine is probably to be found in the well-known ruleof evidence, that identity of both christian name and family name, issufficient to raise a presumption of fact that the person bearing thename is the identical person so named in any written instrument in walmsley v abbott 1 k & p , 309. Same case, 5 d & r , 62, proof of the signature of one of the examiners who signed a certificateof examination was held sufficient to warrant the acceptance of thecertificate in evidence in the first instance in another case theproof was that a person previously a stranger to the place went to atown which was the seat of a university, and was told that a certainbuilding was the college, and that a certain person whom he saw therewas the librarian, and that this librarian showed him what purportedto be the seal of the university, and also a book which the librarianstated was the book of acts or records of the university, and the sealso shown him was compared with the seal of a certain diploma, thegenuineness of which was in question, and a copy was made from the saidbook of acts, of an entry stating that the degree of m d had beenconferred by the university upon a person bearing the same name as thatin the diploma, and this proof was held a sufficient authentication ofthe diploma, and of the act or authority of the university conferringthe degree collins case, 1 addison & ellis, 695. Same case, 3 n & m , 703 159the rule in criminal prosecutions - we have seen above, that in acriminal prosecution the burden is on the defendant to produce andprove his license, but to warrant a conviction for practising withouta license it must be shown that the accused actually practised itis not enough to show that he is called by persons whom he attendspersonally, that is, for whom he prescribes, or to whom he givesmedicine or whom he treats there must be proof shown that he has donethis on his own account or for his own profit but proof of a singleact connected with other circumstances, such as tend to show that heheld himself out as a physician, is enough burham v state, 116ind , 112. Hill v bodie, 2 stew and p ala , 56.

Second, because ophthalmol is of secret composition the composition claimedbeing practically meaningless, and, third, because no evidence hasbeen submitted to substantiate its claimed superiority over establishedmethods of treatment the council declared ophthalmol inadmissible tonew and nonofficial remedies -- from the journal a m a , july 6, 1918 silvol ineligible for n n r report of the council on pharmacy and chemistrythe following report on silvol parke, davis & company was adopted bythe council and its publication authorized w a puckner, secretary the council took up the consideration of silvol parke, davis &company because of inquiries received the following report communication essay wassubmitted by the referee in charge of silver preparations:silvol parke, davis & company is a silver-protein preparation of theargyrol type like argyrol, it is said to contain about 20 per cent of silver the referee finds that, like argyrol, it is nonirritant tothe nasal mucosa in a 10 per cent solution. Does not precipitate withchlorid. Dissolves in water readily. A 25 per cent solution has a highspecific gravity silvol, 1 137 at 20 c. Argyrol, 1 147 at 20 c , andis not very viscid viscosity, 1 25 a 1:1, 000 solution of silvol isclear and about 50 per cent deeper in color than a solution of argyrolof the same strength silvol differs from argyrol mainly in that its solutions yield a fineprecipitate with egg albumin under suitable conditions, while argyrolis nonprecipitant. And in that silvol solutions are not so effectivelydecolorized by lloyd reagent the manufacturers did not reply to an inquiry with regard to thebasis for the claims made for silvol see appendix the referee wastherefore obliged to deduce these claims from the firm advertisingmatter about the same claims are made for the local use of silvol asare generally made for argyrol these may be accepted without detailedevidence in view of the similarity of the two preparations its usefulness, as suggested in the advertising, when given by mouth“in the treatment of acute or chronic gastritis, gastric ulcer, orgastro-enteritis, ” or the efficacy of very dilute solutions 0 2 percent against dysentery, etc , is doubtful and requires substantiationby evidence the claims that silvol is astringent, though nonirritantand noncoagulant, that it is a “powerful germicide” or even that itis a “powerful antiseptic, ” and that it may be used with advantagewherever “a silver salt is indicated, ” need substantiation there is noproof of the assertions that silvol is “the most efficacious of silversalts”. “the most efficient antiseptic, ” and “the most remarkableorganic silver compound ”as the manufacturers have not presented any evidence for their highlyimprobable claims, and as they have not signified any intention ofmaking their claims agree with substantiated facts, it is recommendedthat silvol be declared inadmissible to new and nonofficial remedies the council adopted the report of its referee and authorized itspublication appendixthe following letter from the secretary of the council was sent toparke, davis & company, march 20, 1917 no reply to it has beenreceived. The referee of the council who is conducting an investigation of silver preparations asked me to inquire if you are willing to submit your evidence for the following claims which are made in your circulars for silvol. 1 how it is possible for the solution to be astringent, and at the same time nonirritant and noncoagulant?. 2 that intestinal irrigation with a silvol solution containing 10 to 15 grains to the pint is sufficiently bactericidal to “be used in the abortive treatment of such infectious processes as dysentery, cholera infantum, and colitis ” 3 what evidence have you as to the degree of antiseptic and germicidal power of silvol solutions?. 4 what evidence have you as to the degree of antiseptic and germicidal power of 5 per cent silvol ointment?.

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“we feel no hesitation communication essay in saying that if this remedy is given a fair trial where it is properly indicated, the result obtained will be a gratifying surprise “it is a common expression from physicians who have tried this remedy to say, ‘surely i have never used digitalis before ’”if these quotations mean anything, they imply that these tabletspresent a distinct advance in digitalis therapy there is no warrantfor such a claim the statement with reference to the occurrence of anoil in digitalis is writingly false and writingly misleading tincture ofdigitalis, which the tablets are claimed to represent, is fat free;the fixed oil that is present in the drug is not soluble in 70 percent alcohol, the menstruum used for the preparation of the officialtincture of digitalis furthermore, a fairly large amount of this oil such as is present in 100 therapeutic doses of the drug is incapableof causing gastric disturbance gastric disturbance is a side actionthat is inseparable from slight overdosage with all true digitalisbodies and is not in any way due to local gastric action the claimthat such action is prevented by the use of enteric pills or tablets isobviously false and misleading the alleged “common expression from physicians who have tried thisremedy” does not constitute acceptable evidence of the value of thepreparation the council declared westerfield digitalis tablets inadmissible tonew and nonofficial remedies because unwarranted therapeutic claims aremade for this product when the preceding report was submitted to the westerfield pharmacalco , a reply was received indicating that the firm did not knowthat progressive manufacturers had discontinued the claim that “fatfree” digitalis preparations were devoid of gastric effects it alsosubmitted a revised circular, which, however, reiterated the claim thatthe tablet presented a distinct advance in digitalis therapy in that itwas “fat free, ” and coated to prevent disintegration in the stomach since tincture of digitalis and extract of digitalis are practicallydevoid of fatty material, and since it is now well known that thefat does not cause gastric disturbance and that therapeutic dosesof digitalis do not exert a local irritant action on the stomach, the manufacturer product and the claims made for it merely tend toperpetuate old errors the council declared westerfield digitalis tablets inadmissibleto new and nonofficial remedies on the ground that this presents anunessential modification of pills of an official substance it directedpublication of its report with this explanation -- from reports ofcouncil on pharmacy and chemistry, 1918, p 75 xeroform-heyden and bismuth tribromphenate-merck omitted from n n r report of the council on pharmacy and chemistrythe council has authorized publication of the following report onbismuth tribromphenate-merck and xeroform-heyden these two productswere found not to comply with the standards for bismuth tribromphenateadopted for new and nonofficial remedies, and hence could not beretained as the manufacturers of both products announce that effortstoward the production of a satisfactory product are continued, theomission of the two brands is without prejudice to their reacceptancewhen a satisfactory product becomes available w a puckner, secretary the referee in charge of bismuth preparations submitted the followingreport of the a m a chemical laboratory which shows thatxeroform-heyden and bismuth tribromphenate-merck do not comply with theadopted standards for bismuth tribromphenate essay time ago a request was received from the medical section of the national council of defense for a report on a brand of bismuth tribromphenate in accordance with this request the firm product was examined, and at the same time and for comparison, an examination was also made of a specimen of bismuth tribromphenate received from merck and company, october, 1915, and of another specimen of bismuth tribromphenate “xeroform-heyden” obtained from the chicago branch of the heyden chemical works in april, 1918 the examination brought out that the bismuth tribromphenate submitted to the national council of defense contained a large amount of uncombined tribromphenol, while the specimen of xeroform-heyden contained an excessive quantity of bismuth when the latter finding was submitted to the heyden chemical works, the firm stated. “the product had to be made in this country after importations from europe became impossible and the first lots were not fully up to the standard ” the firm stated that it could now furnish a product which it considered fully equal to that which was previously imported, and offered to submit “samples of the new material ” having been requested to do so, a specimen of xeroform-heyden was received from the heyden chemical works, new york this and a second specimen, purchased from a chicago wholesale drug house, were examined whereas the standards for bismuth tribromphenate which had been formulated by the laboratory and accepted by the heyden chemical works required that the product should contain from 40 to 49 per cent of bismuth and contain not more than 3 3 per cent of uncombined tribromphenol, the specimen purchased in chicago contained 67 7 per cent of bismuth, while the specimen received direct from the heyden chemical works contained 24 per cent of uncombined tribromphenol when this result was reported to the heyden chemical works, the firm replied. “it seems that we are not yet in a position to supply a product that answers a uniform standard and that we have to continue our efforts in this direction “we will take this matter up with you again as soon as we have been successful ” at the time when the preceding examination was being made, bismuth tribromphenate-merck could not be obtained from the chicago wholesale houses a request sent to merck and company for a specimen of the market supply brought the information that the product was temporarily unavailable though unable to supply the product, the firm gave valuable advice for a revision of the essaywhat loosely drawn tests for bismuth tribromphenate in new and nonofficial remedies, 1918 recently november, 1918 merck and company sent a specimen of its product labeled “bismuth tribromphenate-merck” “merck and company, new york, distributors and guarantors, ” and wrote “ you will notice this sample conforms in nearly all details to the tests we submitted with our letter of june 4th we have been able to produce better goods, but just at present unsatisfactory starting material confronts us the sample conforms to n n r , 1918, but will not meet the test for uncombined tribromphenol submitted by you in your letter of september 4th ” examination of the specimen demonstrated that it was soluble to a considerable extent in alcohol the n n r , 1918, description provides that it should be only slightly soluble in alcohol and according to the standards adopted for new and nonofficial remedies, 1919, contains 18 per cent uncombined tribromphenol more than five times the permitted amount in view of the laboratory report, the referee recommended that theacceptance of xeroform-heyden and bismuth tribromphenate-merck bewithdrawn, without prejudice to their reinstatement when satisfactoryproducts are again offered for sale the council adopted therecommendation of the referee, and accordingly xeroform-heyden andbismuth tribromphenate-merck are omitted from new and nonofficialremedies, 1919 when the laboratory findings with regard to xeroform-heyden and theaction of the council deleting the article from new and nonofficialremedies was reported to the heyden chemical works, the firm expressedregret that efforts to produce a product equal to that formerlyobtained from gerthesis had so far not been successful and announcedthat it had decided to withdraw xeroform-heyden from the market for thepresent when merck and company was advised in regard to the report of thelaboratory and the council action, this firm questioned thefeasibility of producing a product meeting the council standards andsuggested that the test for free tribromphenol be revised to permit asmuch as 15 per cent of this constituent when merck and company wasreminded that its product, submitted in 1915, essentially complied withthe adopted standards and that the estimate of the therapeutic valueof bismuth tribromphenate is based on a product essentially free fromalcohol-soluble material, the firm replied.