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CHAPTER 43.

An Act to amend "The Medical Act."

[Assented to March 16th, 1906.]

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

66

1. The Medical Act," being chapter 111 of the Revised Statutes of Manitoba, 1902, is amended by adding the following as section 22A thereof:

22A. The council shall have power to pass by-laws and By-laws for regulations not inconsistent with this Act or the law for the management internal management of the college.

of college.

2. Section 30 of the said Act is hereby amended by Repeal of substriking out sub-sections (a) and (c) thereof.

3. The said Act is further amended by adding the following as section 30A thereof:

sections (a) and (c) of section 30.

sons

30A. It shall be optional for the council to admit to Admission by registration, upon payment of the fee to be fixed for each council of perparticular class by by-law of the council, upon such terms as the council may deem expedient, any person who possesses one or more of the following qualifications:

(a) Every person who, upon the coming into force of entitled to be this Act, was entitled to be so registered;

registered

(b) All such persons as are duly registered in the or duly registmedical register of Great Britain, or are otherwise author-ered in Great ized to practise medicine, surgery and midwifery in the United Kingdom of Great Britain and Ireland.

4. Section 62 of the said Act is hereby repealed and the following substituted therefor:

registered not

medicine, &c.

62. It shall not be lawful for any person not registered Persons not under this Act, for hire, gain or hope of reward, to practise to practise medicine, surgery, osteopathy or to treat or profess to treat another, or to prescribe or recommend, or to profess to prescribe or recommend, any drug, medicine, appliance, application, operation or treatment for any injury to, or any physical or mental ailment of, or any disease, infirmity or deformity of, another, but this section shall not apply to the sale of glasses for the correcting of visual errors.

No legal right

to recover fees

cept by per

sons duly registered.

5. Section 63 of the said Act is hereby repealed and the following substituted therefor :

63. No person shall be entitled to recover any charge in or charges ex- any Court of law for any medical or surgical advice or attendance, including osteopathy or for the recominendation or performance of any operation, or for prescribing, recommending or performing any application or treatment, or for any drug or medicine, which he may have prescribed, recommended or supplied, unless he be registered under this Act; but this section shall not extend to the sale of any drug or medicine by any duly licensed chemist or druggist.

Penalty for tising

6. Section 75 of the said Act is hereby repealed and the following substituted therefor:

75. If any person, not registered pursuant to this Act, illegally prac for hire, gain or hope of reward, practise or profess to medicine, &c. practise medicine, surgery or osteopathy, or treat or profess to treat another, or prescribe or recommend or profess to prescribe or recommend, any drug, medicine, appliance, application, operation or treatment for any injury to, or any physical or mental ailment of, or any disease, infirmity or deformity of, another, or if any person, not registered as aforesaid, advertise to give advice in medicine, surgery or osteopathy or midwifery, or advertise to treat, or prescribe any drug, medicine, application, operation or treatment for, any injury to, or any physical or mental ailment of, or any disease, infirmity or deformity of, another, he shall, upon summary conviction thereof before any justice of the peace, for any and every such offence, pay a penalty not exceeding one hundred dollars nor less than twenty-five dollars.

One act sufficient to

constitute

7. Section 79 of the said Act is hereby amended by adding thereto as sub-section (a) the following:

(a) Provided that in any prosecution under this Act it shall be sufficient proof of an offence under this Act if it is "practising." proved that the accused has done or committed a single act of unlicensed practice, or has committed on one occasion any of the acts prohibited by this statute.

S. 85 amended.

8. Section 85 of the said Act is hereby amended by striking out the word "council" in the first line thereof and substituting therefor the word "college."

9. The said Act is further amended by adding the following as section 87:

funds of coll

87. The funds of the said college, or any part thereof, Investment of may be invested by the council, in the name of "The College ege. of Physicians and Surgeons of Manitoba," in the debentures of any incorporated city, town or rural municipality, or school district, in the Province of Manitoba, authorized to issue bonds or debentures, or in the public securities of the Dominion of Canada, or of any province thereof, or upon the security of mortgage on any real property in the Province of Manitoba, for such term or terms, and at such rate or rates of interest, and in such manner, and upon such security, as may be agreed upon between the parties borrowing and the council.

10. The said Act is further amended by adding the following as section 88:

college as to

88. The said college shall have full power and authority Powers of to acquire, take, hold and dispose of all such lands and tene- holding lands. ments, real and personal estate, as may have been or shall be bona fide mortgaged, transferred, assigned, hypothecated or pledged to the said college by way of security or conveyed to it in satisfaction of debts previously contracted, or purchased at judicial sales upon levy for such indebtedness, or otherwise purchased for the purpose of avoiding a loss to the said college in respect thereof, or of the owner thereof.

11. The said Act is further amended by adding thereto as section 89 the following:

89. The council may order to be paid out of any funds Payment of of the college, for all members of the college in good stand- Canal dues to ing, the annual dues of such members to the Canadian Medical Protective Association.

12. This Act shall come into force on the day it is assented to.

Canadian Medical Protective Association.

Preamble.

Incorporation of town by charter.

No further petition or

notice necessary.

Present mayor

and council to continue in

CHAPTER 44.

An Act respecting the Town of Melita

[Assented to February 9th, 1906.]

WHEREAS certain freeholders and householders resident

in the Village of Melita have petitioned the Legislature of this Province for incorporation as a town corporation, under "The Municipal Act," and it is desirable to grant the prayer of the said petition,

Therefore His Majesty, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

1. Notwithstanding anything contained in "The Municipal Act" the Lieutenant-Governor-in-Council may, by charter or letters patent under the great seal of the Province, incorporate the freeholders and householders of the territory described as follows, namely, the east half of section one, township four, range twenty-seven west of the principal meridian in the Province of Manitoba, as a town corporation under "The Municipal Act," to be known as the Town of Melita, with all the powers, rights, duties and liabilities of a town corporation under said Act.

2. No further petition and no notice thereof, or of the said petition, shall be required before the granting of such charter or letters patent.

3. The present Mayor and Council of the Village of Melita shall be the Mayor and Council of the Town of Melita office during for the year 1906.

1906.

4. This Act shall come into force on the day it is assented to.

CHAPTER 45.

An Act to enable the Rural Municipality of Miniota to lend a
limited sum of Money for the erection of a Grist
Mill in the said Municipality.

[Assented to March 16th, 1906.]

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as

follows:

for grist mill

1. The council of the Rural Municipality of Miniota Loan of $8,000 shall have power, with the assent of the duly qualified authorized. electors of the said municipality, signified in the manner provided for in "The Municipal Act," as in the case of money by-laws to pass a by-law to authorize the raising, by way of loan, of the sum of $8,000, and the issue of debentures therefor, for the purpose of lending the said sum, with or without interest, to such person or persons, corporation or corporations, as shall erect a grist mill in the said municipality, of a capacity adequate to all local requirements as determined by by-law of the council of said municipality.

2. Such by-law shall provide the times and place when Requirements and where such debentures shall be payable, the amount of of by-law. each debenture, which shall not be less than $100, the rate of interest payable thereon, which shall not exceed six per cent. per annum, and shall also provide for the levying of an annual rate, upon the rateable property in the said municipality, to repay the principal and interest of such loan.

arrange terms

3. If such by-law is carried by the vote of the said Council may electors, the said council may by by-law provide for a loan of lending the of the said sum of $8,000, or any less sum to the money. person or persons or corporations aforesaid, and the terms and conditions on which such loan is to be made, and on which the money is to be repaid, including the time for repayment, which shall not be more than twenty years from the making of the loan, and the rate of interest, if any, to be charged thereon, and all other particulars of the agreement entered into between the said council and said other party or parties, and the performance of the terms agreed upon between the council and any parties proposing to erect such grist mill, may be secured in such manner, and on such conditions, as

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