TITLE VIII.

CHAPTER 36.

SEC. 45. Every township may, at any meeting, make suitable provision for the inoculation of the inhabitants thereof with the cow pox, Inoculation with under the direction of the board of health, or the health officer of the township, and they shall raise all necessary sums of money to defray the expenses of such inoculation, in the same manner that other township charges are defrayed.

cow pox.

Places may be assigned for carrying on of fensive trades.

When places be

come a nuisance

assignment may be revoked, &c.

Action on the

Offensive Trades.

SEC. 46. The township board of every township, the president and trustees, or council, of every village, and the mayor and aldermen of every city, respectively, when they shall judge it necessary, shall, from time to time, assign certain places for the exercising of any trade or employment, offensive to the inhabitants, or dangerous to the public health; and they shall forbid the exercise thereof in places not so assigned; and all such assignments shall be entered in the records of the township, village or city, and they may be revoked when the said township, village, or city officers may think proper.

SEC. 47. When any place or building so assigned shall become a nuisance by reason of offensive smells or exhalations proceeding therefrom, or shall become otherwise hurtful or dangerous to the neighborhood or to travellers, and the same shall be made to appear on a trial, or the admission of the person exercising such trade or employment, before the circuit court for the county, upon a complaint made by the board of health, or by any other person, the said court may revoke such assignment, and prohibit the further use of such place or building for the exercise of either of the aforesaid trades or employments, and may cause such nuisance to be removed or prevented.

SEC. 48. Any person injured, either in his comfort, or the enjoycase for damages. ment of his estate, by any such nuisance, may have an action on the case for the damages sustained thereby, in which action, the defendants may plead the general issue, and give any special matter in evidence.

Who to consti

tute board in cities and villages.

Boards of Health in Cities and Villages.

SEC. 49. The mayor and aldermen of each incorporated city, and the president and council, or trustees, of each incorporated village in this state, shall have and exercise all the powers, and perform all the duties of a board of health as provided in this chapter, within the limits of the cities or villages respectively, of which they are such officers.

State medical society continued.

CHAPTER 36.

OF MEDICAL SOCIETIES, AND REGULATIONS CONCERNING THE PRACTICE
OF PHYSIC AND SURGERY.

SECTION 1. The medical society which was incorporated within the late territory of Michigan, by the name and style of "The Medical Society of the Territory of Michigan," shall continue to be a body politic and corporate under the name and style of "The Medical Society of the State of Michigan," and by that name shall be capable

TITLE VIII.

in law of suing and being sued, pleading and being impleaded, answer- CHAPTER 36. ing and being answered unto, defending and being defended in all courts and places, and in all causes and matters whatsoever; and shall have and use a common seal, and may alter the same at pleasure; and may annually elect by ballot, a president, vice president, secretary and treasurer, who shall hold their offices for one year, and until others are elected in their places.

Laws of Michi

counties may

gan. 1827, p. 530. SEC. 2. The physicians and surgeons in the several counties within Physicians and this state, may meet together in their respective counties, on such day, surgeone in and at such place within such counties as a majority of them shall meet and choose deem proper; and the said physicians and surgeons, or any of them, not being less than four in number, being so assembled, may choose . by ballot, a president, vice president, secretary and treasurer, who shall hold their offices for one year, and until others shall be chosen in their places.

officers, &c.

porate, &c.

SEC. 3. When such societies shall be so organized, they shall each County societies be a body politic and corporate, in fact and in name, by the name of to be bodies cor"the medical society of the county of (the name of the county where formed,) and by such name shall be capable in law of suing and being sued, pleading and being impleaded, answering and being answered unto, defending and being defended, in all courts and places, and in all causes and matters whatsoever.

regular standing.

SEC. 4. No physicians and surgeons shall be authorized to form a Physicians and county medical society under the provisions of this chapter, except surgeons to be in such as shall be in regular standing in the medical society of this state, or in some county medical society organized according to law. SEC. 5. All the county medical societies heretofore incorporated Medical societies and established under the provisions of the revised statutes of this heretofore incorstate, are hereby established and confirmed in all their rights, privi- lished and conleges, authorities and powers, subject to the provisions hereinafter contained, respecting the county medical societies.

porated, estab

firmed.

SEC. 6. The county medical societies heretofore incorporated, or which shall hereafter be incorporated, may, at their first meetings to Annual meetings be holden under the provisions of this chapter, agree upon the times and places of holding their annual meetings; but such times and places may be changed by said societies respectively, at any annual meeting, by a vote of a majority of all the members of the society, and the secretary of each of said societies shall lodge in the office of the clerk of the proper county, a copy of all the proceedings had at the first meeting thereof, and said clerk shall file and preserve the same, and may receive therefor twelve and a half cents.

Examination of students, and

plomas.

SEC. 7. The medical societies established as aforesaid, may examine all students who shall present themselves for that purpose, and if found qualified, may license them to practice as physicians and sur- granting of digeons, and give diplomas therefor, under the hand of the president and the seal of the society before whom such students shall be examined; which diploma shall be sufficient to authorize the person obtaining the same, to practice physic or surgery, or both, as shall be set forth in such diploma, in any part of this state.

When applicant

SEC. 8. Any student of medicine who shall present himself to the censors of either of the county medical societies for examination, rejected, not to and shall be found unqualified for the practice of physic and surgery, he admitted shall not be admitted to another examination before the censors of any months. medical society, within six months after the time he shall have been

within six

TITLE VIII.

CHAPTER 36.

found unqualified as aforesaid; but such applicant may, in all cases in which he may think himself aggrieved, appeal to the censors of the medical society of the state.

SEC. 9. When any student shall have been examined by the cenWhen applicant rejected by state sors of the medical society of the state, and rejected, he shall not at medical society, not to be licensed any time thereafter be examined or licensed by any county medical by county socie- society, but shall in all such cases make application thereafter to the state medical society for examination and license; and any license obtained contrary to the provisions of this chapter shall be absolutely

ty.

Censors to be

oath.

void.

SEC. 10. Each of the medical societies aforesaid, may, at its annual appointed, their meeting, appoint not less than three, nor more than five censors, to continue in office for one year, and until others are chosen in their places, who shall take an oath that they will carefully and impartially examine all students who shall present themselves for that purpose, and report their opinions in writing to the president of the society. SEC. 11. The said medical societies may severally purchase and hold, for the use of said societies respectively, real and personal espersonal estate. tate; but the medical society of the state shall not hold such estate to an amount exceeding twenty-five thousand dollars, nor shall any county medical society hold such estate to an amount exceeding five thousand dollars.

To what amount societies may hold real and

No person under

twenty-one years

of age to be licensed.

Where applica

tion for license to be made.

All the censors to be notified of application.

When member

ed, and his license annulled.

SEC. 12. No person under the age of twenty-one years, shall be licensed to practice as a physician or surgeon in this state.

SEC. 13. Each medical student, who shall apply for a license to practice as a physician and surgeon, shall make such application to the medical society of the county where he resides, or where he pursued his studies; and if there be no medical society in such county, he shall make his application to the state medical society.

SEC. 14. The censors of a county medical society, shall not in any case proceed to examine any applicant for such license, unless all the censors of the society shall have been duly notified of the application, and also of the time and place of the examination; nor unless a majority of such censors shall be present.

SEC. 15. Upon complaint in writing, filed with any county medical may be suspend. Society, charging any member of such society with any infamous crime, habitual drunkenness, or with gross ignorance, immorality, or incompetency, such society, at any regular meeting, may proceed to investigate such complaint, and if upon such investigation, and due proof of the facts so charged, the person so complained of shall be found guilty by a vote of two-thirds of all the members present, such society may suspend such person from further membership, and may annul the license of such person.

SEC. 16. No investigation of such charges shall be made until after due notice to the person charged, of the filing of such charges, and a copy of such charges shall first have been given to the person complained of, at least thirty days before the day when such investigation shall take place.

SEC. 17. The evidence given on such investigation shall be on oath, which may be administered by the president of the society, or any justice of the peace, and shall be reduced to writing, and filed with the records of the society; and if the person suspended shall conceive himself aggrieved by the decision of the society, he may appeal to the state medical society, and the said state medical society shall

thereupon, at some regular meeting, inquire into and examine the proceedings of the county medical society on such complaint, and may, when they shall deem it proper, annul such suspension, and restore to the person suspended, all the rights and privileges of a licensed physician and surgeon.

TITLE VIII.

CHAPTER 36.

&c., to be certi

SEC. 18. On such appeal being claimed, such county medical so- When complaint ciety shall forthwith cause a copy of the said complaint and charges, fied and transtogether with a copy of all the evidence, and the proceedings of such mitted. society thereon, to be certified by their secretary, and sent to the president of the state medical society.

Subpoenas for

SEC. 19. On the investigation of any charges, as provided in this chapter, the president of the county medical society before which the witnesses. same may be had, may, on application made to him for that purpose, issue subpoenas to compel the attendance of any witnesses residing within this state, which subpoenas shall be tested in the name of such president, and signed by the secretary of such society, and may be served and returned by any proper officer of the county, or by any other person.

Penalty, &c., for

SEC. 20. If, upon due service of such subpoena, and payment or tender of the fees allowed by law for attendance upon courts of re- disobeying subcord, any witness shall neglect or refuse, without sufficient cause, to pœnas. appear at the time and place specified in such subpoena, he shall forfeit the sum of twenty-five dollars, and shall also be liable to the party aggrieved for all damages occasioned by such neglect or refusal.

nulled by county

SEC. 21. Any county medical society, at any regular meeting, may When suspen remove and annul any suspension which may have been made by sion may be an such society, by a vote of two-thirds of all the members present: Pro- society. vided, notice of the intended motion to remove such suspension shall have been given at a previous meeting of the society.

SEC. 22. Each medical society may make such by-laws and regula- By-laws and regtions, relative to the affairs, concerns and property of the society, and ulations. relative to the admission and expulsion of its members, as a majority

of the members thereof, at their annual meeting, shall think proper: Provided, such by-laws and regulations shall not be contrary to, nor inconsistent with the laws of this state.

SEC. 23. The treasurer of each medical society shall receive, and Treasurer. be accountable for all moneys that may come into his hands by virtue of the by-laws, and all that may be paid for the admission of members or licensing students; and the treasurer shall account for such moneys to the society, at its annual meetings; and no money shall be drawn from the treasury of the society, unless by a vote or order of the society, and on the warrant of the president.

SEC. 24. The secretary of each medical society shall keep a book, Secretary. in which he shall enter all the resolutions and proceedings of the society, the name of each member, the time of his admission, the annual reports of the state of the treasury, and all such other things as the society may direct, to which book every member of the society may at all times have access; and the said secretary shall deliver all books, papers and records belonging to the society, and under his care and control, to his successor in office.

Moneys may be

SEC. 25. Each medical society may cause to be raised and collected from each member thereof, a sum not exceeding three dollars in a raised, for what year, for the purpose of procuring a medical library, and for the en- purposes. couragement of useful discoveries in chemistry and botany, and such other improvements as the society may think proper.

TITLE VIII.

CHAPTER 36.

SEC. 26. Each student, on receiving a diploma from the state medical society, shall pay to the president thereof ten dollars, and on reAdmission fees, ceiving a diploma from any county medical society, each student shall pay to the president thereof five dollars; which sums the president shall pay to the treasurer of said societies respectively.

Election of mem

ety.

SEC. 27. The state medical society may elect by ballot, at its anbers of state soci- nual meeting, eminent physicians and surgeons residing within this state, which persons so elected, shall be permanent members of the society, and entitled to all the privileges of the same; but no more than two such members shall be elected in any one year, and such members shall not receive for their attendance any compensation from the funds of the society.

Copy of license to be deposited with clerk of county.

When physicians &c., may associate themselves with society in adjoining county.

When vice presi

SEC. 28. All persons who may hereafter be licensed as physicians or surgeons, within this state, shall deposite a copy of such license with the clerk of the county in which such practitioner may reside; and for filing such copy, the clerk shall be entitled to receive twelve and a half cents.

SEC. 29. If there shall not be a sufficient number of physicians and surgeons in any county to form themselves into a medical society under the provisions of this chapter, the physicians and surgeons residing in such county, may associate themselves with a medical society in an adjoining county.

SEC. 30. In case of the death, resignation, removal, or absence dent to perform of the president of any medical society, the vice president may, for the time being, perform all the duties, and exercise all the powers of the president.

duties of president.

Bodies of certain criminals to be delivered to

SEC. 31. In each county of this state in which a county medical society shall be established according to the provisions of this chapter, county societies. the keeper of the jail of such county shall deliver to any agent of said society, on the presentation of an order signed by the president thereof, the bodies of all criminals who shall die in such jail under sentence of six months imprisonment, or more, unless the friends or relations of the deceased shall claim the same for interment, or unless the criminal or his friends shall have made provision for his burial.

1844, p. 73.

Bodies of certain criminals to be delivered to state society.

1844, p. 73.

When medical

department of university to have bodies. 1844, p. 73.

Who to be offi

SEC. 32. The officers of the state prison shall deliver to any agent of the medical society of the state, on the presentation of an order signed by the president of such society, the bodies of all criminals who shall die in said prison; unless the friends or relatives of the deceased shall claim the same for interment, or unless the criminal or his friends shall have made provision for his burial.

SEC. 33. Whenever the medical department of the university of Michigan shall be organized, said department shall be entitled to the exclusive privilege conferred upon the medical society of the state by the preceding section.

SEC. 34. The officers of the state medical society, and the officers cers of societies. of the several county medical societies, last elected, shall be the officers of such societies respectively until others are duly elected.

Presidents of

county societies

to be inembers

of state society.

Person falsely representing himself to be physician, &c..

SEC. 35. The president of each county medical society shall be ex-officio a member of the state medical society, and shall be entitled to represent the county medical society of which he is president in the state medical society.

SEC. 36. Every person who shall falsely represent himself to be a duly licensed physician or surgeon, and shall procure himself to be guilty of misde. employed as such, shall be deemed guilty of a misdemeanor, and on

meanor,