24
A.D. 1879.
Application of fines and penalties.
Amendment
of law as to certificates of medical practitioners for purposes of Lunacy Acts.
c. 100. Bs. 102-106;
16
Medical Act, 1858, Amendment.
[42 Vier.]
[42 VICT.]
28. All fines under this Act, save as herein expressly provided, and all penalties under the Medical Act, 1858, shall, notwithstand- ing anything in any Act relating to municipal corporations or to the metropolitan police courts, or in any other Act, public or local, he paid to the treasurer of the General Medical Council.
29. Where by an Act relating to lunatics or lunatic asylums a certificate is required from a physician, surgeon, apothecary, or medical practitioner, such certificate may be given by any regis- tered medical practitioner in any part of the United Kingdom.
If a medical practitioner gives under or for the purposes of any 10 such Act a certificate which states or certifies anything falsely, or a See 8&9Viet. certificate for admitting a lunatic into an asylum hospital or house in which such practitioner or his father, son, brother, or other relative, or his partner is interested, or of which he is the medical attendant, he shall be guilty of a misdemeanor, and be liable to fine 15 or imprisonment, or both; but nothing in this section shall subject
16 & 17 Vict. c. 96. s. 13; 16 & 17 Vict.
c. 97. ss. 122. 126, 127;
106;
20 & 21 Viet, to fine or imprisonment a medical superintendent or consulting c. 71. ss. 38, or assistant physician of an asylum, not being a private asylum, for giving any certificate which he is expressly authorised to give by any Act relating to lunatics or lunatic asylums in Scotland.
5 & 6 Vict.
c. 128. s. 15.
A person, not being a registered medical practitioner, who under or for the purposes of any such Act signs a certificate in which he is described as a physician, surgeon, apothecary, or medical practitioner, shall be guilty of a misdemeanor and liable to fine or imprisonment, or both.
A medical practitioner who under or for the purposes of any such Act gives a certificate without having seen and carefully examined the person named therein, or in any way gives the same contrary to the provisions of such Act, shall be liable on summary conviction to a fine not exceeding fifty pounds.
20
25
30 Where the certificate in respect of which the offence was com- mitted purported to be granted under or for the purposes of an Act. relating to lunatics or lunatic asylums in England, an offence against this section, wherever committed, may be prosecuted and a fine under this section may be recovered by the secretary to the Com- 35 missioners in Lunacy, or by the clerk of any visitors of houses. licensed for the reception of lunatics, or by the clerk of any com mittee of visitors of an asylum for lunatics, or by some person authorised by the Attorney or Solicitor General for England, or such commissioners or visitors, and not otherwise.
Where the certificate in respect of which the offence was com- mitted purported to be granted under or for the purposes of an Act
40
Medical Act, 1858, Amendment.
17
relating to lunatics or lunatic asylums in Scotland, an offence A.D. 1879. against this section, wherever committed, may be prosecuted, and a fine under this section may be recovered, on proceedings taken by the procurator fiscal or by the secretary to the General Board of
5 Lunacy in Scotland, or by some person authorised by such Board
of Lunacy, and not otherwise.
10
All fines under this section shall be payable and applied in like manner as penalties under the Act relating to the certificate in respect of which the offence was committed.
ment of
30. Nothing in the Medical Act, 1858, shall prevent a person Amend- holding a medical diploma entitling him to practise medicino or 21 & 22 Vict. surgery in a British possession from holding an appointment in a e. 90. s. 36. vessel registered in that possession, or prevent a person holding as to medical
officers in such medical diploma or diplomas granted in a British possession ships.
15 as are deemed to be recognised diploma or diplomas for the purposes of this Act from holding an appointment in a vessel registered in or clearing from any British possession.
Archbishop
31. Nothing in this Act shall interfere with any right of the Saving for Archbishop of Canterbury to grant, as heretofore, the degree of right of 20 doctor in medicine as an honorary distinction, so, however, that of Canter- such degree be granted only to a person who is registered in the bury. medical register, or who, having been so registered, continues to be entitled to be registered in the medical register.
32. An order confirming a scheme or examination rules under Validity 25 this Act, and the scheme and rules therein referred to, shall be scheme, &c.
deemed to have been duly made and authorised by this Act, and the validity thereof shall not be questioned in any legal proecedings whatever.
Every such order, together with the scheme and rules therein 30 referred to, shall be laid before both Houses of Parliament as soon as conveniently may be after it is made, if Parliament be then in session, and if not, after the beginning of the then next session of Parliament.
post.
33. Subject to the other provisions of this Act, all notices and Service of 35 documents required by or for the purposes of this Act to be sent notices by
may be sent by post, and shall be deemed to have been received at the time when the letter containing the same would be delivered in the ordinary course of post; and in proving such sending it shall be sufficient to prove that the letter containing the notice or docu- 10 ment was prepaid, and properly addressed, and put into the post.
C [121.]