Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Despatch to London
Seymour, Frederick to Grenville, Richard 12 December 1868, CO 60:33, no. 804, 651.
Abstract
Despatch to London.
Minutes (4), Other documents (1).
No. 132
Victoria
12th December 1868
My Lord Duke,
I have had the honor to receive Your Grace's Circular despatch
of the 9th September, forwarding a copy of the 31st of
VictoriaChapter
Chapter 29, relating to Medical Practitioners in the
Colonies. Your Grace directs me to take such steps as may be
necessary to bring our local legislation into conformity therewith.
Chapter 29, relating to Medical Practitioners in the
Colonies. Your Grace directs me to take such steps as may be
necessary to bring our local legislation into conformity therewith.
2. I have the honor to forward a copy of our Ordinance No. 31
of 1867, entitled,
An Ordinance respecting Practitioners in Medicine and Surgery.
from whichYour
Your Grace will perceive that our proposed
Legislation is not at variance with the views of the Imperial
Government.
Your Grace will perceive that our proposed
Legislation is not at variance with the views of the Imperial
Government.
3. Probably the provisions of the 31 Vic: c. XXIX will have
removed the objection to our Ordinance specified in Your Grace's
despatch No. 5 of 29th of January 1868.
Minutes by CO staff
Sir F. Rogers
The B Columbia Ordinance of 1867 was ultra vires, as being contrary to the provisions of the Imperial Medical Act.
The B Columbia Ordinance of 1867 was ultra vires, as being contrary to the provisions of the Imperial Medical Act.
An Act was passed last Session 31 Vict c. 29 altering the
Medical Act, & providing (sec 3) that any person duly registered
under the Medical Act should be entitled to be registered in any
Colony on payment of fees & proof of registration.
The Governor considers that no further change in the Col. Law is
now necessary, but I dissent from his view.
By the 4th section of the Ordinance, a compulsory course of
study of not less than three years imposed by the College or
School that grants the Diploma is made a condition precedent to
registering such Diploma under the Ordinance.
I am not aware whether in England such a term of study is
absolutely required, but if it is so now, it may not be
hereafter, and in such case the person who has been registered
under the Medical Act would not be enabled to register in the
Colony as he is entitled to do by the Imperial Act.
I think this should be pointed out to the Governor, & that he
should be informed that
in His Lordships opinion the Ordinance
requires amendment & that probably it will be the best plan to
repeal the Ordinance of 1867 which it was beyond the power of a
Col. Legislature to pass in 1867 and to re-enact it, taking care
however to provide that any person who has been duly registered
under "The Medical Act" shall be entitled to be registered in
the Colony upon payment of the fees required for such
registration & upon proof, in such a manner as shall be
thought desirable, of his Registration under the said Act.
in His Lordships opinion the Ordinance
requires amendment & that probably it will be the best plan to
repeal the Ordinance of 1867 which it was beyond the power of a
Col. Legislature to pass in 1867 and to re-enact it, taking care
however to provide that any person who has been duly registered
under "The Medical Act" shall be entitled to be registered in
the Colony upon payment of the fees required for such
registration & upon proof, in such a manner as shall be
thought desirable, of his Registration under the said Act.
HTH
26/1/69
Draft at once. Yes.
FR
26/1
I wd let them do it in their own way (as I wd let a
pig go over a stile in his own way) & for the same reason merely
pointing out that they have no right to insert the 3 years
qualification & must amend it.
