Colonial Despatches
The colonial despatches of Vancouver Island and British Columbia 1846-1871
Public Offices document
Kaulabe, John B. and
Kaulabe, John B. to
Grenville, Richard 30 December 1867, CO 60:30, no. 12836, 257.
Abstract
Kaulabe, John B. and
Kaulabe, John B. to
Grenville, Richard 30 December 1867, CO 60:30, no. 12836, 257.
Public Offices document.
Minutes (15), Other documents (8).
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 alsopleased
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.
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 Actconstitutes
constitutes a repugnancy between the Colonial and
Imperial Act.
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 termsprohibiting
prohibiting him from
practising and recovering fees, would not be repugnant to the
Imperial Act.
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 theColony
Colony the
registration of the qualification of persons desiring to practise,
and the Registration Fees.
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.
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.
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
My Lord Duke,
Your Grace's most obedient
humble Servants
John B. [Kaulabe?]
C.J. Selwyn
Minutes by CO staff
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.
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.
& the Impl Act should be modified so far as to allow Colonies
to impose a Certificate of Imp. Registration.
CBA
2/1
Should not this be dealt with, as Medical Acts have been heretofore
dealt with, by the Home Office?
Other documents included in the file
Minutes by CO staff
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.
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
Other documents included in the file
*
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
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
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.
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
Rough "Draft of a Bill to enable Colonial Legislators to enforce
Registration of Medical Practitioners in the Colonies."
Minutes by CO staff
Sir F. Rogers
HG proposes to introduce this Bill into the House of Lords, treating it as a purely Colonial question.
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 the
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.
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
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 to
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.
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 to
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.
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
*
Printed draft of the bill as noted above.
Printed copy of "A Bill intituled An Act to Amend the Law relating
to Medical Practitioners in the Colonies."
Minutes by CO staff
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."
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
Sir F. Rogers
For your instructions. These
papers have only recently come back
to the Dt with the Arrear List.
For your instructions. These
papers have only recently come back
to the Dt with the Arrear List.
WR
18/8
Other documents included in the file
*
Circular despatch, Buckingham to all Colonies, 9 September 1868,
forwarding copy of the act, with explanation thereon.
Other documents included in the file
*
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.
George Burrows, President, General Medical Council, to A.O.
Liddell, Home Office, 29 February 1868, requesting various amendments
to the act.