Selwyn and [Kaulabe?] to Buckingham
Temple
30th December 1867
My Lord Duke,
We are honored with Your Grace's commands, signified in Sir Frederic Rogers' letter of the 29th of November ultimo, stating that he was directed by Your Grace to transmit to us the enclosed copy of an Ordinance passed by the legislature of British Columbia entitled "An Ordinance respecting Practitioners in Medicine and Surgery."
Sir Frederic Rogers was alsopleasedManuscript image pleased to state that he was directed to observe that the Imperial Act 21 and 22 Vict: c. 90 provided by the 31st Section that persons registered under that Act should be entitled to practise Medicine or Surgery in any part of Her Majesty's Dominions, and to recover their Fees.
That by section 6 of the Colonial Ordinance no person who is not registered under that Ordinance shall be entitled to recover his fees for attendence.
That it is apprehended that the imposition by the Colonial Act of a condition on a right which is given absolutely by the Imperial ActconstitutesManuscript image constitutes a repugnancy between the Colonial and Imperial Act.
But that as it seems a very reasonable provision that a person desiring to practise in the Colony should be compelled to register his qualifications and pay a registry fee, it has been suggested that a Law requiring a person who intends to practise in the Colony to prove and register his qualifications in the manner pointed out by sect 4, and to pay a registration fee, and imposing a penalty upon any such person who practises or recovers fees without having complied with these requisitions, but not in termsprohibitingManuscript image prohibiting him from practising and recovering fees, would not be repugnant to the Imperial Act.
That under these circumstances he was directed to request that we would favor Your Grace with our opinion upon the following questions:
1. Whether section 6 of the Colonial Ordinance is repugnant to the Imperial Act.
2. Whether an enactment of the kind suggested would avoid this repugnancy or whether any other alteration might be suggested which would avoid such repugnancy while securing to theColonyManuscript image Colony the registration of the qualification of persons desiring to practise, and the Registration Fees.
In obedience to Your Lordship's commands, we have taken this matter into consideration and have the honor to Report
That we are of opinion that section 6 of the Colonial Ordinance is repugnant to the Imperial Act.
We further think that an enactment of the kind suggested or any enactment which should impose conditions obligations or restrictions upon a Medical Practitioner registered under 21 & 22 Vict: c. 90 and bysec.Manuscript image sec. 31 of that Act entitled to practise in any part of Her Majesty's dominions and to recover his fees, would be repugnant to the Imperial Act.
We have the honor to be
My Lord Duke,
Your Grace's most obedient
humble Servants

John B. [Kaulabe?]
C.J. Selwyn
Minutes by CO staff
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CC 31/12
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Mr Elliot
The Law Officers have reported that the Ordinance is repugnant to the Imperial Act; and that the Law suggested wd also be repugnant to that Act. The Ordinance must, therefore, be disallowed.
HTH 31/12
TFE 1 Jany
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& the Impl Act should be modified so far as to allow Colonies to impose a Certificate of Imp. Registration.
CBA 2/1
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I think so. [Illegible] an outline of bill be prepared for consideration.
B&C 5/1
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Should not this be dealt with, as Medical Acts have been heretofore dealt with, by the Home Office?
Other documents included in the file
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Draft reply, Buckingham to Seymour, No. 5, 29 January 1868 informing Seymour of the contradictions between British Columbia’s ordinance and imperial legislation regarding medical practitioners and the process being undertaken to review imperial legislation.
Minutes by CO staff
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Sir F. Rogers
Though the Ordce is not to be disallowed, would it not be well to let the Govr know that part of it is absolutely void—as being repugnant to Impl Law (28 & 29 Vict c. 62 s. 2). Such an instruction may prevent legal proceedings. I submit a draft.
HTH 18/1
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[Illegible.]
Other documents included in the file
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Rogers to A.O. Liddell, Home Office, 8 January 1868, forwarding copy of the ordinance and report of the Law Officers and suggesting an amendment of the imperial act, extensively edited.
Minutes by CO staff
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I think some explanation of the points is neccessary in the [one word cut off microfilm] of what I have written but the ending requires correction.
B&C 2/2
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Sir F. Rogers
This draft is prepared in accordance with HG's Minute on 10821. It seems quite right that this shd be done by the H Office, as The Medical Act of 1858 was introduced (I think) by that Department.
HTH 31/1
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Rough "Draft of a Bill to enable Colonial Legislators to enforce Registration of Medical Practitioners in the Colonies."
Minutes by CO staff
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Sir F. Rogers
HG proposes to introduce this Bill into the House of Lords, treating it as a purely Colonial question.
I have given the Col. Legislature power to enforce registration. This includes (I think) the power to enact that no person, unless registered shall demand & receive his fees, charges & costs, as this wd be one of the means—indeed the only effective means—of enforcing registration.
I have confined the power to a power "to enforce registration" because it is very desirable to avoid a contest with theManuscript image Medicos in England, & they would be up in arms, if power was given to the Colonial Legislature to enforce examinations of persons who had qualified in the UK.
HTH 19/3
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Mr Adderley
I think as a matter of principle that a Colonial Legislature should have absolute power to determine what qualifications shd be necessary to authorize a man to prescribe toManuscript image themselves, their wives & their sons & daughters. I can hardly imagine a matter more entirely and exclusively of Colonial concern. But I dare say that Mr Holland is right as to the opposition wh the medical profession wd make and that it may be prudent to acquiesce in what, to my mind, is contrary to sound principle rather than provoke opposition. But of this you must judge.
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Abstractedly I should like to repeal the clause and reenact it with the follg addition proposed
Subject to such laws as may from time to time be enacted in any Colony of HM's Possession in respect to such Profession it shall be lawful for any person registered &c.
FR 20/3
Other documents included in the file
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Printed draft of the bill as noted above.
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Printed copy of "A Bill intituled An Act to Amend the Law relating to Medical Practitioners in the Colonies."
Minutes by CO staff
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Mr Robinson
The Govr of B. Columbia has been promised a further communication (par: 4 of No. 5, 29 Jan 1868) with regard to the Ordinance No. 31 of 1867 "respecting Practitioners in Medicine and Surgery."
As the Imperial Act "to amend the law relating to Medical Practitioners in the Colonies" has passed (31 Vict: cap. 29), will you bring the accompanying papers under Sir F. Rogers consideration with a view to instructions being given as to the despatch to be written to the Govr?
I suppose the Act would also go in Circular to all the Colonies?
EB 18 Aug 1868
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Sir F. Rogers
For your instructions. TheseManuscript image papers have only recently come back to the Dt with the Arrear List.
WR 18/8
Other documents included in the file
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Circular despatch, Buckingham to all Colonies, 9 September 1868, forwarding copy of the act, with explanation thereon.
Minutes by CO staff
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Bill passed. Put by.
CBA 26/5 1868
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At once.
Other documents included in the file
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Edward Simmond, Secretary, Royal College of Surgeons, to Macdonald, 22 April 1868, disputing a clause in the proposed act and suggesting that the provisions of the act not take effect before receiving royal assent.
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George Burrows, President, General Medical Council, to A.O. Liddell, Home Office, 29 February 1868, requesting various amendments to the act.
Selwyn, C. J. and Kaulabe, John B. to Grenville, Richard 30 December 1867, CO 60:30, no. 12836, 257. The Colonial Despatches of Vancouver Island and British Columbia 1846-1871, Edition 2.2, ed. James Hendrickson and the Colonial Despatches project. Victoria, B.C.: University of Victoria. https://bcgenesis.uvic.ca/B675LW02.html.

Last modified: 2020-12-02 13:40:34 -0800 (Wed, 02 Dec 2020) (SVN revision: 5008)