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TITLE & to exceed two hundred and fifty dollars, nor the imprisonment six

to be remov

ed.

months.

Vissels when $ 11. The board of health of the village, whenever in their judgment the public health shall require it, may order any vessel at any wharf, landing place or shore of the village, to be removed at least five hundred yards from the shores of the village, within six hours from the service of such order.

Order how signed and

served.

Penalties for disobeying.

Sick to be reported.

Penalty.

Keepers of boardinghouses to report.

Sick not to enter village.

Penalties.

S 12. Every such order shall be in writing, and be signed by the president of the board of health of the village, or in his absence, by a majority of the members of the board; and may be served by a delivery thereof to the person having, at the time, the care or command of the vessel to be removed, or to the master, owner or consignee thereof. S13. Every person upon whom such order shall have been duly served, who shall omit to comply with its requisitions, shall be deemed guilty of a misdemeanor, punishable by fine or imprisonment, or both, in the discretion of the court by which he shall be tried; the imprisonment not to exceed six months, nor the fine, for each day the vessel to be removed shall have remained at or near the shores of the village, in violation of the terms of the order, two hundred and fifty dollars.

S14. Every practising physician in the village of Brooklyn, shall forthwith make a report in writing, signed by himself, to some one of the board of health of the village, of every patient he shall have, laboring under malignant or yellow fever, or any other pestilential or infectious disease.

S 15. Every physician who shall omit to make such report, shall forfeit the sum of fifty dollars, and be considered guilty of a misde

meanor.

$ 16. Every keeper of a boarding or lodging-house, in the village of Brooklyn, between the first day of June and the fifteenth day of November in each year, shall report in writing, to some one of the board of health of the village, the name of every seafaring man or traveller who shall be sick in his house, within six hours after each case of sickness shall have occurred.

$ 17. No sick person, between the days mentioned in the last preceding section, shall be removed from any vessel lying at or near the shores of the village of Brooklyn, or from any other place, into the village, until the name of such person shall have been reported in writing, to some one of the board of health of the village, and a written permit for such removal have been granted by the board.

$ 18. Every person who shall violate the provisions of either of the two last preceding sections, shall be deemed guilty of a misde

meanor, punishable by fine or imprisonment; the fine for each offence TITLE 7. not to exceed one hundred dollars, nor the imprisonment six months.

$ 19. The board of health of the village of Brooklyn shall have Powers of

power,

1 To issue their proclamation, prohibiting or regulating the internal intercourse by land or water, between that village, and any other place where they shall have reason to believe, that a pestilential or infectious disease then prevails:

2. In case of the prevalence of any such disease in any part of the village, to enclose and shut up such infected part, so as to prevent all intercourse therewith:

3. To remove to the public hospital of the village, or such other place as they may deem fit, all persons within the village, not being residents thereof, who shall be sick of any pestilential or infectious disease, and all articles and things infected by, or tainted with, pestilential disease: and,

4. To cause any bedding or clothing, or any unsound or putrid articles found within the village, to be destroyed, whenever in their judgment, such destruction shall be necessary to prevent infection.

board of health.

violating

$ 20. Every person who shall violate any order, rule, or regula- Penalty for tion of the board of health of the village, made in pursuance of the derso powers granted in the last preceding section, shall be deemed guilty of a misdemeanor, punishable by fine or imprisonment, or both, in the discretion of the court by whom the offender shall be tried.

paid.

$21. All fines and forfeitures imposed in any of the preceding sec- Fines how tions of this Title, from the fifth section inclusive, shall, when col- collected and lected, be paid to the board of health of the village of Brooklyn, to be applied by them to the purchase, building or hire, support and maintenance of a public hospital for the village; and such forfeitures as are recoverable by civil suit, shall be sued for by the president of the board of health, in his name of office.

towns.

$22. Any two justices of the peace, in any town of this state, may Powers of cause all persons who shall be sick of any infectious or pestilential justices in disease, and not being residents of such town, by an order in writing, to be removed to such place of safety within the town, as they shall deem necessary for the preservation of the public health.

TITLE VII.

GENERAL REGULATIONS CONCERNING THE PRACTICE OF PHYSIC
AND SURGERY IN THIS STATE.

SEC. 1. Medical societies to require physicians and surgeons to apply for admission.
2. If persons notified do not apply, license to be forfeited.

3. Charges may be preferred to society against members for misconduct, &c.

TITLE 7. SEC. 4. When charges to be delivered to district attorney.

Notice to be given to eve

and surgeon.

5. District attorney to serve copy on accused, and give notice of hearing.
6. He shall conduct prosecution, and issue subpoenas for both parties.
7. County judges to hear and determine charges; their judgment.

8 & 9. Qualifications for admission to an examination; term of study, &c.
10. Certificates of commencing of studies to be filed with president of society.
11. Order of president specifying period of study, to be annexed to certificate.
12. When regents to grant degrees of doctor of medicine.

13. In what counties students to be examined.

14. Candidates rejected in one county, not to be examined in another; may appeal.
15. Persons rejected by state censors, not to be examined by county censors.
16. No person to practise without license, &c. from this or some other state.
17. Persons coming from another state, &c. to file copy of diploma with county clerk.

18. Certain diplomas not to confer right of practising in this state.

19. Persons licensed, to deposit copy of license in county clerk's office.

20. Persons under 21, not entitled to practise.

21 Certain degrees not to be a license; restriction as to faculties of medicine.
22. Penalty for practising without authority.

$ 1. The president of every county medical society shall give nory physician tice in writing, to every physician and surgeon not already admitted into such society, within the county in which the society of which he is president is situated, requiring such physician or surgeon, within sixty days after the service of such notice, to apply for and receive, a certificate of admission, as a member of such society."

How served; persons noti.

their licenses.

apply.

$2. The service of every such notice shall be made personally, on fed to forioit the physican or surgeon, to whom it shall be directed: and if such if they do not physician or surgeon shall not, within the time specified in the notice, or within such further time as may be allowed by the president, under the regulations of the society, apply for a certificate of membership in such society, his license shall be deemed forfeited, and he shall be subject thereafter, to all the provisions and penalties of the laws of this state, in relation to unlicensed physicians, until upon special application, he shall be admitted a member of the medical society, in the county in which he shall reside.

Charges for misconduct,

Proceedings

thereon.

mis

a

$3. If there shall be preferred to any county medical society, specific charges against any member thereof, of gross ignorance or conduct in his profession, or of immoral conduct or habits, a special meeting of the society to consider the charges shall be called, of which at least ten days previous notice shall be given, in one or more of the newspapers printed in the county.

S4. If two-thirds of the members present at such meeting shall be of opinion, that the charges preferred are well founded, the president of the society, shall, without delay, deliver a certified copy of the charges and of the vote of the society thereon, to the district attorney of the county, and shall give notice of such delivery to the member accused, who from that time shall be suspended from the practice of physic and surgery, until the determination of such charges, in the manner herein after provided.

(5) This Title was compiled, with some variations and additions, from the following sta tutes: 2 R. L. 220, § 12, 20 and 21; Laws of 1818, p. 192; 1819, p. 308; 1827, p. 178.

Charges to be

notice of

$5. The district attorney to whom the charges shall be delivered, TITLE 7. shall serve a copy thereof without delay, on the member accused, and at the same time shall give him notice, of the time and place at which served and the judges of the court of common pleas of the county will meet, for hearing. the purpose of hearing and determining the same: such notice shall be served at least fourteen days, before the time of hearing appointed.

torney to pro

$6. The district attorney shall conduct the prosecution of the District atcharges, and shall issue process to compel the attendance of such wit- secute. nesses, as the president of the society and the member accused, shall severally require.

termine,

$7. The judges of the county court, at the time and place of hear- Judges to deing appointed, or at such other time and place as they shall fix, shall proceed to hear and determine the charges, and shall examine, on oath, the witnesses produced: if they, or a majority of them, shall be satisfied, from the evidence, that the charges are true, they shall make an order, which shall be valid in law, expelling the member To expel, accused from the society, and declaring him forever thereafter incapable of practising physic and surgery, within this state; or suspend- Or suspend, ing him from such practice, for a limited period: if they shall be of opinion, that the charges are not established, the suspension of the member accused shall cease, and he shall be restored to all his rights or acquit. and privileges, as a practising physician and surgeon.

tions of stu

$8. No student shall be admitted to an examination by any medi- Qualificacal society, until he shall have completed, with some physician and dents. surgeon, duly authorised by law to practise his profession, the term of medical study, prescribed in the following sections of this Title.

study.

$9. The regular term of the study of medical science shall be four Term of but a deduction from such term, in no case to exceed one year, years, shall be made in either of the following cases:

1. If the student, after the age of sixteen, shall have pursued any of the studies usual in the colleges of this state, the period, during which he shall have pursued such studies, shall be deducted.

2. If the student, after the age of sixteen, shall have attended a complete course of all the lectures delivered in an incorporated medical college in this state, or elsewhere, one year shall be deducted.

$10. The physician and surgeon with whom a student shall com- Certificate. mence his studies, shall file a certificate with the president of the county medical society to which he belongs, certifying that such person has so commenced his studies; and the term of study shall be considered as commencing, from the day on which such certificate is filed.

$11. If the term of study shall be intended to be for less than four Order for years, upon either of the grounds mentioned in the ninth section of

term of study

TITLE 7. this Title, the president with whom the certificate shall be filed, upon satisfactory proof that a deduction ought to be allowed, shall annex to such certificate, an order specifying the period, not exceeding one year, which, according to the proof exhibited to him, ought to be deducted from the term of four years, and directing that the term of study of the student shall be for the period that shall remain.

Requisites for

diplomas

$12. No person shall receive from the regents of the university from regents. a diploma, conferring the degree of doctor of medicine, unless he shall have pursued the study of medical science for at least three years, after the age of sixteen, with some physician and surgeon, duly authorised, by law to practice his profession, and shall also, after the same age, have attended two complete courses of all the lectures delivered in an incorporated medical college, and have attended the last of such courses, in the college by which he shall be recommended for his degree.

In what counties stu

examined.

$13. No student shall be admitted to an examination by any dents to be county medical society, except of the county in which he shall have pursued his medical studies for four months immediately preceding his examination; but if the student, during that period, shall have attended the lectures in either of the incorporated medical colleges of this state, he may be examined and licensed, either by the medical society of the county in which such college is situated, or by that of the county in which he shall have resided, previous to such attend

If rejected, to appeal.

Persons re

jected by

ance.

$ 14. No person, who shall have been examined by the censors of any county medical society, as a candidate for the practice of physic and surgery, or either of them, and shall have been rejected on such examination, shall be admitted to an examination, before the censors of any other county medical society; but such person may appeal from the decision of the censors by whom he shall have been examined, to the medical society of the state.

$ 15. No person, who, either upon an original examination or upon state society. an appeal, shall have been rejected by the censors of the state medical society, shall thereafter be admitted to an examination, before the censors of any county medical society.

Who to practice physic.

$ 16. No person shall practice physic or surgery, unless he shall have received a license or diploma, for that purpose, from one of the incorported medical societies in this state, or the degree of doctor of medicine from the regents of the university; or shall have been duly authorised to practice by the laws of some other state or country, have a diploma from some incorporated college of medicine, or legally incorporated medical society, in such state or country.

and

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