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 VictoriaChapterManuscript image 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 whichYourManuscript image 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.
I have the honor to be,
My Lord Duke,
Your Grace's most obedient
humble Servant
Frederick Seymour
Minutes by CO staff
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CC 25/1
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Sir F. Rogers
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 thatManuscript image 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
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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.
Other documents included in the file
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Draft reply, Granville to Seymour, No. 7, 1 February 1869.
Seymour, Frederick to Grenville, Richard 12 December 1868, CO 60:33, no. 804, 651. 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/B68132.html.

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