practicing medicine on the Thompsonian, or botanic system, or on the homeopathic system exclusively, and charging, demanding, or recovering compensation therefor; nor shall it be construed to prohibit any person without such license or permit from practicing medicine gratuitously, and accepting any gratuity or reward voluntarily given therefor, though no compensation for such practice can be lawfully charged, demanded, or recovered."

And under this statute it has been decided that a physician can not recover a medical bill without proving his license to practice.1

FLORIDA-STATUTES.

§ 156. "§ 5. Any individual desirous of practicing medicine and surgery in the State of Florida shall be enabled to do so by pursuing one of the following methods: first, he shall file in the office of the Circuit Court of the county in which he may intend to reside, a diploma from some medical college; secondly, or he shall file in the office aforesaid a certificate, signed by at least two practicing physicians residing in this State, who shall be regular graduates of some medical college; thirdly, or he shall file in the office aforesaid a certificate signed by some professor of a medical college, that he has attended one course of lectures in some one of the medical colleges aforesaid, and also a certificate from one of the physicians aforesaid.

66

"§ 6. Any individual failing to comply with the beforerecited provisions, and attempting to practice medicine or surgery, shall, on conviction thereof, be fined in a sum

1 Adam's Admr. v. Stewart, 5 Harrington, 144, 1849.

not less than fifty dollars, or more than two hundred dollars, at the discretion of the jury."1

In 1848, the legislature incorporated the "Medical Board of Florida," granting it among other powers that of examining and licensing applicants for the privilege of practicing medicine, but made no change in the then existing and above-recited statute, by providing "that nothing herein shall prevent any physician in this State from proceeding in the manner now directed by law for procuring a license to practice medicine."

GEORGIA-STATUTES AND RULINGS.

§ 157. The "Code of Georgia," which was adopted on the 19th December, 1860, to take effect on the 1st January, 1862, at § 1338, chap. 4 of tit. 15 of part 1st, recites as follows:

§ 1338. Any white person who has received a diploma from any medical college of the (Confederate) States, without regard to the school, is authorized to practice to the extent of the powers given in said diploma, subject to the provisions hereinafter set forth.

§ 1339. There is established in this State a board of physicians of the Allopathic school, who have the authority

1. To meet annually, or oftener, at the call of any

1 Act Feb. 10, 1831; vide Thompson's Digest Laws of Florida, p. 503. 2 On the 18th of March, 1861, a convention of the people then in session, “Resolved, That in the publication of the code, it should be made to conform to the Government of the Confederate States, instead of the Government of the United States." That confederation being now, de facto, extinct, the above limiting clause must be considered of none effect, and as though it had never existed. Cessante causa, cessat effectus.

three of their number, at such place in this State as a majority may select.

Thirty days notice must be given of annual meetings. 2. To elect all officers and to fill all vacancies.

3. To be a body corporate, with the right to exercise all the powers usual in such associations that are necessary to their organization, if in conformity to the constitution and laws.

4. To grant licenses to all applicants who under the law are entitled thereto, and to fix the fee therefor when not fixed by law.

5. To prescribe a course of reading to those who study medicine under private instruction, which shall be obligatory upon all who may apply to the board for examina

tion.

§ 1340. It is their duty

1. To grant licenses to practice, to all physicians who present their diplomas without examination.

2. To grant such licenses to all other persons who undergo a satisfactory examination.

3. To grant licenses to practice in any particular branch of medicine, or to treat any particular form of disease, if satisfied upon the examination that the applicant is thus competent.

4. To grant licenses to apothecaries, upon their standing a satisfactory examination as to their knowledge of drugs and pharmacy.

5. To keep a book in which shall be entered the names. of every person licensed to practice or vend drugs, and the extent of the license.

§ 1341. One member of said board may grant a license. to an applicant, who has a diploma to practice, until the next regular meeting of the board, when he shall report

the fact, at which time the temporary license is at an end, but such a license shall not be granted by a member after the board has refused one.

§ 1342. The book so ordered to be kept is a book of record, and a transcript from it, certified to by the officer who has it in keeping, under the common seal, shall be evidence in any court of this State.

§ 1343. Seven members of said board constitute a quorum for the transaction of business, and should a quorum not be present on a day appointed for its meeting, those present may adjourn from day to day until a quorum is present.

§ 1344. There is also established a board of physicians. of the reformed practice of medicine, who have the same authority, and must perform the same duties, hereinbefore set forth.

§ 1345. The persons, and number of persons constituting both of said boards at the adoption of this code continue, and all the provisions of their respective charters are likewise preserved, if not lawfully altered herein.

§ 1346. Any person who shall practice surgery, or in any manner prescribe for the cure of diseases for fee or reward, in violation of the provisions of this charter, shall be liable to indictment, and, on conviction, shall be fined, not exceeding five hundred dollars for the first offence, and for the second, imprisoned not more than two months, one half of the fine to enure to the informer, the other to the educational fund of the county.

§ 1347. On the trial of such indictment, it is incumbent on the defendant to show that he has authority under the law to practice physic and surgery, to exempt himself from such penalty.

§ 1348. Neither board can license persons to practice

in a school of medicine different from their own. Physicians belonging to a school of medicine not represented by a board of physicians, may practice under their diplomas alone, and if they have none, are liable as though they had no license, and were required to have them.

§ 1349. The fee for licenses obtained on diplomas shall not exceed five dollars, and on examination shall not exceed twenty-five dollars.

§ 1350. Physicians who were in practice prior to the 24th December, 1847, are exempt from all the provisions of this charter.

§ 1351. No person in this State except a licensed physician shall vend, or expose to sale, any drugs or medicines without first obtaining a license therefor from one of said boards.

§ 1352. Any person violating the preceding section is liable to indictment, and, on conviction, to be fined not less than one thousand dollars, nor more than five thousand dollars, and for a continuation after said conviction to the like fine and imprisonment, not exceeding six months. The onus of proof is upon the defendant to show his authority.

§ 1353. Druggists are exempt from obtaining said license, who were engaged in such business prior to December 24th, 1847, and who continue so at the adoption of this code, and merchants or shopkeepers may deal in medicines already prepared, if patented, or if not patented, are legally warranted by a licensed druggist.

Malpractice.-"§ 2915. A person professing to practice surgery, or the administering of medicine for a compensation, must bring to the exercise of his profession a reasonable degree of care and skill; any injury resulting