J ACTS OF INCORPORATION BY-LAWS AND ORDERS BOSTON: PRESS OF PUTNAM & HEWES, No. 81 Cornhill. 1840. COMMONWEALTH OF MASSACHUSETTS. Kn tije Year of our SLorfc mi. AN ACT to incorporate certain Physicians, by the name of ' The Massachusetts Medical Society.' As health is essentially necessary to the happiness of society; and as its preservation or recovery is closely connected with the knowledge of the animal economy, and of the properties and effects of medi- cines ; and as the benefit of medical institutions, form- ed on liberal principles, and encouraged by the pat- ronage of the law, is universally acknowledged,— 1. Be it therefore enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That Nathaniel Walker Appleton, William Baylies, Benjamin Curtis, Sam- uel Danforth, Aaron Dexter, Shirley Erving, John Frink, Joseph Gardner, Samuel Holton, Edward Augustus Holyoke, Ebenezer Hunt, Charles Jarvis, Thomas Kast, Giles Crouch Kellogg, John Lynn, James Lloyd, Joseph Orne, James Pecker, Oliver Prescott, Charles Pynchon, Isaac Rand, Isaac Rand, Jun., Micajah Sawyer, John Sprague, Charles 4 Stockbridge, John Barnard Swett, Cotton Tufts, John Warren, Thomas Welsh, Joseph Whipple, and William Whiting, be, and they hereby are, formed into, constituted, and made a body politic and cor- porate, by the name of 'The Massachusetts Medical Society;' and that they and their suc- cessors, and such other persons as shall be elected in the manner hereafter mentioned, shall be and con- tinue a body politic and corporate, by the same name, forever. 2. And be it enacted by the authority aforesaid, That the fellows of said Society may, from time to time, elect a president, vice president, and secre- tary, with other officers, as they shall judge necessary and convenient 5 and they, the fellows of said society, shall have full power and authority, from time to time, to determine and establish the names, number and duty of their several officers, and the tenure or estate they shall respectively have in their offices 5 and also to authorize and empower their president, or some other officer, to administer such oaths to such offi- cers as they, the fellows of said society, shall appoint and determine for the well ordering and good gov- ernment of said society, provided the same be not re- pugnant to the laws of this commonwealth. 3. And be it enacted by the authority aforesaid, That the fellows of said society shall have one com- mon seal, and power to break, change, and renew the same at their pleasure. 4. And be it enacted by the authority aforesaid, That they, the fellows of said society, may sue and be sued in all actions, real, personal, or mixed, and 5 prosecute and defend the same unto final judgment and execution, by the name of The Massachusetts Medical Society. 5. And be it enacted by the authority aforesaid, That the fellows of said society may, from time to time, elect such persons to be fellows thereof, as they shall judge proper; and that they, the fellows of said society, shall have power to suspend, expel, or dis- franchise any fellows of said society. 6. And be it enacted by the authority aforesaid, That the fellows of said society shall have full power and authority to make and enact such rules and by- laws, for the better government of said society, as are not repugnant to the laws of this commonwealth 5 and to annex reasonable fines and penalties to the breach of them, not exceeding the sum of twenty pounds, to be sued for and recovered by said society, and to their own use, in any court of record within this commonwealth proper to try the same 5 and also to establish the time and manner of convening the fellows of said society; and also to determine the number of fellows that shall be present to constitute a meeting of said society; and also, that the number of said society, who are inhabitants of this common- wealth, shall not, at any one time, be more than sev- enty, nor less than ten; and that their meetings shall be held in the town of Boston, or such other place within this commonwealth as a majority of the mem- bers present, in a legal meeting, shall judge most fit and convenient. And whereas it is clearly of importance that a just discrimination should be made between such as are 6 duly educated and properly qualified for the duties of their profession, and those who may ignorantly and wickedly administer medicine, whereby the health and lives of many valuable individuals may be endangered, or perhaps lost to the community,— 7. Be it therefore enacted by the authority afore- said, That the president and fellows of said socie- ty, or such other of their officers or fellows as they shall appoint, shall have full power and authority to examine all candidates for the practice of physic and surgery (who shall offer themselves for examination) respecting their skill in their profession 5 and if, upon such examination, the said candidates shall be found skilled in their profession,* and fitted for the practice of it, they shall receive the approbation of the society, in letters testimonial of such examination, under the seal of the said society, signed by the president, or such other person or persons as shall be appointed for that purpose. 8. And be it further enacted by the authority aforesaid, That if the said president, and such other person or persons so elected and appointed for the purpose of examining candidates as aforesaid, shall obstinately refuse to examine any candidate so offer- ing himself for examination as aforesaid, each and every such person, so elected and appointed as afore- said, shall be subject to a fine of one hundred pounds, to be recovered by the said candidate, and to his own use, in any court within this commonwealth proper to try the same. 9. And be it further enacted by the authority afore- said, That the fellows of said society may, and shall 7 forever be deemed capable in law, of having, holding, and taking in fee simple, or any less estate by gift, grant, or devise, or otherwise, any land, tenement, or other estate, real or personal; provided, that the an- nual income of the whole real estate that may be given, granted or devised to, or purchased by, the said society, shall not exceed the sum of two hundred pounds, and the annual income or interest of said per- sonal estate shall not exceed the sum of six hundred pounds ; all the sums mentioned in this act to be val- ued in silver at six shillings and eight pence per ounce; and the annual income or interest of the said real and personal estate, together with the fines and penalties paid to said society, or recovered by them, shall be appropriated to such purposes as are consistent with the end and design of the institution of said society, and as the fellows thereof shall determine. 10. And be it further enacted, That the first meet- ing of the said Medical Society shall be held in some convenient place in the town of Boston; and that Edward Augustus Holyoke, Esq. be, and he hereby is, authorized and directed to fix the time for holding the said meeting, and to notify the same to the fellows of said Medical Society. [This act passed November 1, 1781.] 8 AN ACT in addition to an Act passed in the year of our Lord one thousand seven hundred and eighty one, entitled 'An Act to incorporate certain Phy- sicians, by the name of the Massachusetts Medical Society.' Whereas some doubts have arisen with respect to the extent of the powers given to, and duties required of, the said society, by the act to which this is in ad- dition, touching the examination of any candidates for the practice of physic and surgery, c who shall offer themselves therefor, respecting their skill in their pro- fession,' as well as with respect to the authority of the said society, to demand and receive a suitable com- pensation for their time, trouble, and expense, in ex- amining candidates, and for the letters testimonial, which, by the said act, they are required to give to such as shall be approbated,— For removing the said doubts, 1. Be it enacted by the Senate and House of Rep- resentatives in General Court assembled, and by the authority of the same, That it shall be the duty of the said Massachusetts Medical Society, in order more effectually to answer the designs of their institu- tion;, from time to time to describe and point out such a medical instruction, or education, as they shall judge requisite for candidates for the practice of physic and surgery, previous to their examination before them, or their officers appointed for said purpose, respect- ing their skill in their profession, and shall cause the same to be published in three newspapers, in three different counties within this commonwealth; and every candidate, examined and approved by the pre- sident and fellows of the said society, or such of their 9 officers or fellows as they shall appoint, shall be held to pay such reasonable fees of office as shall be es- tablished by the said society, for the examination of candidates, and letters testimonial in favor of such as shall be approbated ; and the treasurer of the said society, for the time being, shall have full power and authority to sue for and recover the same, in any court proper to try the same. 2. And be it further enacted, That the eighth enacting clause of the said incorporating act, making the president, or such other person or persons as shall be elected for the purpose of examining candi- dates, each and every of them, subject to a fine of one hundred pounds, in case of obstinate refusal to examine any candidate offering himself therefor, be, and it is hereby repealed. 3. And be it further enacted, That from and after passing this act, whenever the officers appointed for examining candidates for the practice of physic and surgery, shall obstinately and unreasonably refuse to examine such as may apply therefor, respecting their skill in their profession, the officers so refusing, shall be subject to a fine not exceeding one hundred pounds, nor less than twenty pounds, to be sued for and recovered by the candidate injured, and to his own use, in any court within this commonwealth, proper to try the same. [This act passed February 10, 1789.] 2 10 AN ACT in addition to an Act entitled, 'An Act to incorporate certain Physi- cians, by the name of The Massachusetts Medical Society.' Whereas the Act entitled 'An Act to incorporate certain Physicians by the name of The Massachusetts Medical Society, has been found, in its operations, insufficient to effect the important and desirable pur- poses for which it was designed: 1. Be it enacted by the Senate and House of Repre- sentatives, in General Court assembled, and by the authority of the same, That the fellows, for the time being, of the said Massachusetts Medical Society, in any meeting or meetings, to be called and holden for the purpose, before the next annual meeting, shall have authority to elect into that corporation, and to be fellows thereof, such and so many suitable per- sons, being physicians or surgeons resident within this commonwealth, as they shall see fit; any thing in the act to which this is in addition, to the contrary notwithstanding. Provided, That all persons so elected, shall, within one year after such election, subscribe the by-laws of the said society, or other- wise declare, in writing, their assent thereto, or such election shall be void. 2. And be it further enacted, That at the next an- nual meeting of the fellows of said society, and after- wards at every annual meeting thereof, there shall be chosen by ballot, in which any absent member may vote by his proxy, duly authorized in writing, so many counsellors as the said society shall, from time to time, judge necessary and expedient, who shall hold their offices for the year next ensuing their elec- 11 tion, and until another election of counsellors in their place; and the fellows, at their annual meetings, whenever such a number shall be present as the regu- lations of the society may require, may revise, alter, enlarge, and repeal, the by-laws of the said society, as the major part of the fellows present may see fit, and not otherwise. 3. And be it further enacted, That the counsellors of the said corporation, and their successors after them, shall assemble and convene, three times in the year, at such times and places as the by-laws of the said corporation shall hereafter direct. Provided, That the first meeting be within thirty days after the annual meeting of the said society; and the said counsellors shall assemble and convene at any other time, as the by-laws of the said corporation shall hereafter direct, and whenever notified to convene by their presiding officer; and the meeting of the said counsellors shall be held in the town of Boston, or as near thereto as may be; and at the said first meet- ing of the counsellors, after the annual meeting of the said society, the said counsellors shall proceed to appoint, from among themselves, a president and such other officers of the said corporation, as are and shall be required in the rules and by-laws thereof to be so appointed ; likewise five examiners or censors, for the examination of all persons, who, having been students in medicine and surgery, agreeably to the regulations of the said society, shall offer themselves to be approved and licensed, as practising physicians and surgeons ; and the said counsellors, at any of the three stated meetings of the same, and only at these \2 meetings, and after three months nomination of every candidate, and not otherwise, by a major vote of those present, may elect any suitable person or per- sons, to be a fellow or fellows of the said society.— Provided, That all practising physicians and surgeons, resident within this commonwealth, who shall be so elected, shall, within one year after such election, subscribe the by-laws of the said society, or otherwise declare, in writing, their assent to the same, or such election shall be void. And all persons, not prac- tising physicians or surgeons, or not resident within this commonwealth, who shall be so elected, may be deemed honorary members of the said society; and, at any meeting of the said counsellors, they may fill any vacant office, and perform any other duties, as the by-laws of the said corporation shall direct. 4. And be it further enacted, That, for the purpose of examining candidates as aforesaid, three, at least, of the examiners or censors, who shall be appointed as aforesaid, shall be convened in the town of Bos- ton, on the Thursday next preceding the annual meetings of the said society, and at such other times and places as the by-laws of the said society shall direct; and every candidate, who, upon examination, shall be approved by a majority of the said examin- ers, shall be entitled to letters testimonial of their approbation, and of their license, to such candidate, to become a practitioner in medicine or surgery, un- der the hands of the examiners consenting thereto; and to such letters testimonial, the seal of the said corporation shall be affixed, by the president or secre- tary, if any there shall be, with the signature of the 13 same; and every person who shall receive the said letters testimonial, and such also as hereafter may be admitted to the degree of bachelor of medicine at Harvard University,* shall be entitled to the use of the libraries of the society, under such restrictions as the counsellors may direct; and after three years approved practice in medicine and surgery, and being of good moral character, and not otherwise, shall, upon application, and subscribing the by-laws as aforesaid, be admitted a member of the said corpora- tion, while a resident practitioner of medicine or surgery within this commonwealth. 5. And be it further enacted, That the said coun- sellors, upon the application of any five members of the said society, may establish within such districts and portions of this commonwealth as they shall think expedient, subordinate societies, and meetings, to consist of the fellows of the said corporation re- siding within such districts respectively, wherein the communication of cases and experiments may be made, and the diffusion of knowledge in medicine and surgery may be encouraged and promoted; and the counsellors aforesaid, upon application from such subordinate societies, may appoint five examiners or censors, within such districts, who shall be author- ized and empowered to examine such candidates for the practice of physic and surgery, as shall present themselves for such examination. And every candi- * The counsellors of the Massachusetts Medical Society consider the provisions of the act of 1803, relating to bachelors of medicine, at Harvard university, as applying also to doctors of medicine, as that degree is now substituted for the degree of bachelor conferred at that time. 14 date, who, upon examination, shall be approved by a majority of the examiners or censors aforesaid, shall be entitled to letters testimonial, in the same manner as is provided in the fourth section of this act. And the members of such subordinate societies shall be holden to report to the counsellors of the general society, all such cases as may be selected for their importance and utility; and the said subordinate so- cieties shall be subject to the regulations of the gen- eral society, in all matters wherein the general so- ciety shall be concerned ; and the said subordinate so- cieties may appoint their own officers, and establish regulations for their particular government, not re- pugnant to the by-laws of the general society, and shall be capable to purchase, and receive by donation books, philosophical and chirurgical instruments, or other personal property, and may hold and dispose of the same, exclusive of any authority of the general society. 6. And be it further enacted, That all matters and clauses, contained in the act aforesaid, to incorporate certain physicians by the name of The Massachusetts Medical Society, which are contrary to the purview of this act, shall be, and they hereby are, repealed. 7. And be it further enacted, That the fellows of the said corporation shall not be liable to be enrolled or mustered in the militia of this commonwealth. [This act passed March 8, 1803.] 15 AN ACT in an addition to an Act, entitled, «An Act in addition to an Act, entitled, an Act to incorporate certain Physicians, by the name of The Massa- chusetts Medical Society.' Section 1. Be it enacted by the Senate and House of Representatives, in General Court assem- bled, and by the authority of the same, That so much of the fourth section of an Act passed on the eighth day of March, in the year of our Lord one thousand eight hundred and three, entitled 'An Act in addi- tion to an Act, entitled an Act to incorporate certain Physicians, by the name of The Massachusetts Medi- cal Society,' as requires that those who are author- ized to claim admission into said society, shall have first passed at least three years in approved practice of medicine and surgery, and so much of the same section as entitles licentiates of the said society and bachelors of medicine at Harvard University to the use of the libraries of the society, be and the same are hereby repealed; the residue of the said section remaining in full force. Section 2. Be it further enacted, That the Treas- urer, for the time being, of the said Massachusetts Medical Society is hereby authorized to sue in the name of the said society, in an action of debt, before any court proper to try the issue, for such sums of money as may hereafter become due to said society from any person being, or who has heretofore been, or who shall hereafter become a fellow thereof, for the annual or other assessments of said society, or for penalties accruing under and by virtue of the by- laws and votes of said society, by declaring gener- 16 ally, against the defendant, as indebted to said soci- ety for the penalty accruing from the breach of any by-law thereof, or for a sum becoming due by virtue of any legal vote of said society, (as the case may be,) setting forth the substance only of such by-law or vote ; and the said society shall thereupon recover judgment for so much debt or damage as they shall prove to be due, and no more. [This act passed March 19, 1831.] REVISED STATUTES. part i......chapter xxu. Section 2. The Counsellors of said Society, at their first meeting, in every year, after the annual meeting of the society, shall appoint not less than twenty censors or examiners, from among the fellows of said society, to wit: five in each of the districts mentioned in the following sections ; and the five in each of said districts, respectively, shall constitute a separate board of censors. Section 3. For the purpose aforesaid, the state shall be divided into four districts, to be entitled, re- spectively, the first, second, third and fourth medical districts; and the first medical district shall include the counties of Suffolk, Essex, Middlesex, Norfolk, Bristol, Plymouth, Barnstable, Duke's county, and Nantucket; the second district shall include the coun- ty of Worcester; the third district shall include the 17 counties of Franklin, Hampden, and Hampshire; and the fourth district shall include the county of Berkshire; the meetings of the censors shall be held in these districts, respectively, in such places, and at such stated periods, as the Counsellors of the soci- ety may direct, and the said Counsellors shall be au- thorized to subdivide or alter any of the said districts, and to make new districts and appoint censors therein, whenever the public good may seem to require it. Section 4. The said censors, at their stated meetings in each of the said districts, shall examine all who shall offer themselves to be approved as prac- tising physicians or surgeons, who have received such an education, as is or may be from time to time, prescribed by the regulations of said society, and who are duly qualified as candidates for such exam- ination ; and every candidate who shall be approved by the censors, shall be entitled to letters testimonial, under their hands, of their approbation and of their license to practise physic or surgery, or both; which letters shall also be sealed with the seal of the society, and shall be signed by the president and secretary thereof. Section 5. If the said censors shall unreasona- bly refuse to examine any person, who is duly quali- fied for such examination, they shall severally forfeit a sum not exceeding four hundred dollars, to be re- covered by such candidate to his own use. Section 6. No person shall be entitled to his letters of license, until he shall pay such reasonable fees, as shall be established by the society to be paid for such examination and letters of license. 3 13 Section 7. When any person who has been edu- cated to the practice of physic or surgery, in any place out of this state, and who has come into this state to pursue the same, shall present himself to either of the said boards of censors as a candidate for their approbation or license, if they are satisfied that he has received an education equivalent to that pre- scribed by the regulations, which have been or may be established by said society, and that he has been duly examined and approved by some competent authority, they may license him to practise physic or surgery, or both, as the case may be, without subject- ing him to a new examination. Section 8. Every person who has been licensed to practise physic or surgery, since the year one thousand eight hundred and eighteen, or who shall hereafter be so licensed, shall deposite a copy of his license with the clerk of the town, in which such li- centiate may reside; and the said clerk shall file in his office, such copy attested by him, with his certifi- cate thereon of the time when the same was so de- posited ; for which he shall receive from the licen- tiate the sum of fifty cents. Section 9. Any physician or surgeon, duly qual- ified according to the law of this Commonwealth, or any medical student, under the authority of any such physician, may have in his possession human dead bodies, or the parts thereof, for the purpose of anatomical inquiry or instruction. BY-LAWS MASSACHUSETTS MEDICAL SOCIETY. I. A meeting of the fellows of this soci- Annuai meet- & ing. ety shall be held on the last Wednesday in May, annually, at ten o'clock, A. M., in the city of Boston, if practicable, and at such place as the president may appoint. At any such meeting, ten fellows shall con- stitute a quorum for the transaction of busi- ness. Notice of the annual meeting shall^otice t0 be . given. be given in two public papers, printed at Boston, at least fourteen days previously. II. At the annual meeting of the fellows 0rder of busi- 1 i -i • ness at annual the following order shall be regarded in the meeting. transaction of business: 1. The proceedings of the last annual meeting shall be read by the recording sec- retary ; who shall also lay before the so- ciety the records of the transactions of the counsellors in the year preceding, and shall report the names of those who have become 20 fellows or honorary members of this society during that time. Election of £ ^ne counsellors shall be elected from counsellors. among the fellows of the society, residing within the several districts or counties, as nearly as may be in the proportion of one counsellor to every eight fellows ; provided that at least one counsellor shall be elected in each county. Ballots shall first be given for counsellors for those districts in which candidates shall have been selected by the district medical societies, agreeably to the provisions of the forty-fifth by-law. Coun- sellors for such portions of the state as are not included in any district society, and for any districts from which no return of coun- sellors selected by the district society may have been received, shall then be ballotted for. Reports. 3. Reports of Committees shall be call- ed for by the president. 4. Attention shall be given to any pro- Amendments posals of alterations in the by-laws by the y"av counsellors or by any fellow of the society. All such proposals shall be stated in writing. Alterations proposed by a fellow shall be referred to the counsellors, and shall not be acted upon until presented anew by them. Scientific com- 5. Attention shall be given to such sci- munications. . . ° entinc communications as the counsellors may have ordered to be laid before the society. 21 6. Any propositions Or Suggestions, Propositions. which may be thought conducive to the welfare of the society, or to the general in- terests of medical science, may be brought forward by any fellow. Upon such propo- sitions or suggestions, the society shall de- cide by vote whether to engage in the con- sideration of the same. 7. The president shall call upon theAnni]ai dis. person appointed for that purpose, to delivercourse- the annual discourse. This discourse shall be called for at one o'clock, P. M., and if the other business be not concluded at that time, it may then be suspended until the discourse has been delivered. III. Any fellow of the society, or coun-Votes by sellor, absent from any meeting, shall, in all F°xy* cases, be entitled to vote by proxy duly au- thorized in writing; provided, that no fel- low shall be represented by any other than a fellow, and no counsellor by any other than a counsellor, who shall in either case be an inhabitant of his own county or dis- trict, and no fellow or counsellor shall at any time represent the votes of more than eight others. IV. Every fellow of the Society shall Assessment. contribute annually three dollars to the funds, and pay the same to the Treasurer. 22 V. Whenever the assessment of any fellow is not paid at the annual meeting of the society, it shall be the duty of the treas- urer to collect the same as early thereafter as may be; always, if practicable, within the year. If it shall be necessary in any case, he shall take such legal measures to compel payment as the counsellors shall direct. Resignation of VI. No fellow shall withdraw himself from the society, or resign his fellowship, while a practitioner of medicine or surgery within this commonwealth, without the per- mission of the counsellors. The counsel- lors shall give this permission to any fellow who applies for the same in writing, after he has arrived at the age of sixty years. They may give this permission to any other fellow who applies for the same, and gives his reasons in writing, if they deem those reasons to be satisfactory. Retired mem- VII. Those fellows who, after having bers. . . ' 6 arrived at the age or sixty years, have re- signed the fellowship of this society with the permission of the counsellors, shall, while living, be distinguished in the printed list of the society by a peculiar mark, and shall be denominated Retired Members. They shall be entitled to all the privi- Neglect in paying as- sessment. 23 leges of the fellows, and shall conform to all the requirements of the society, and be subject to all its penalities, except that they shall not be liable to assessments, and that they shall not be bound to accept any office in the society. VIII. Any fellow may be expelled from the society, or having resigned his fellow- ship, may be deprived of his privileges, by a vote of two-thirds of the fellows present at any annual meeting, upon charges of the following description ; provided the charge or charges against him have first been con- sidered by the counsellors, and are brought forward by them, or been made before the society at a preceding annual meeting, and provided he has had opportunity given him to lay before the society a refutation of the charge or charges so made, or a defence of his conduct in the premises, viz. 1st. For any gross and notorious im- morality or infamous crime under the laws of the land. 2d. For any attempt to overturn or de- stroy the society. 3d. For the breach of any by-laws of the society for which expulsion is made the penalty. 4th. For furnishing to any person a certificate in respect to his character and 24 studies as a student of medicine, if the same be proved to be false, and shall tend to deceive the public, or the censors of this society. irregular IX. Any person who is engaged in Practitioners. the practice of medicine or surgery in this commonwealth, not being a fellow or licen- tiate of this society, nor a Doctor in medi- cine of Harvard University, or of the Berk- shire Medical Institution, shall be deemed, by the fellows of this society, an irregular practitioner;, likewise, any one, who has been expelled from this society, or who, after being permitted to resign his fellow- ship, has been deprived of his privileges, or who has withdrawn himself from the society without the permission of the counsellors, shall be deemed by the fellows of this so- ciety an irregular practitioner; and it shall be unlawful for any fellow of this society, in his professional capacity, to advise or con- sult with any such irregular practitioner, or in any way to abet or assist him as a prac- titioner of medicine or surgery. For any breach of this law, a fellow of this society shall be disqualified for one year from giv- ing his vote at any meeting of the society, and of the district society of which he may be a member; he shall also be liable to the censure and reprimand of the coun- 25 sellors, and in aggravated cases to expul- sion. X. If any fellow of this society shall Secret medi- publicly advertise for sale any medicine, thecme composition of which he keeps a secret, or shall in like manner offer to cure any dis- ease by any such secret medicine, he shall be liable to expulsion, or to such other pen- alty as the society, at their annual meeting, may think proper to inflict. XI. There shall be three stated meetings stated meet- of the counsellors annually. The first shall 'm& of cou&- J sellors. be on the day next following the annual meeting of the society, in the place of such meeting, or as near thereto as may be, at ten o'clock, A. M. The second shall be on the first Wednesday of October, and the third on the first Wednesday of February, at such hour and place as the president shall appoint. Notice of such meeting shall be given in two public papers printed in the city of Boston, at least fourteen days pre- viously, in each instance. XII. The president shall call a special Special meet. meeting of the counsellors, whenever he,nf of coun_ o ' sellors. shall deem it expedient, or whenever five of the counsellors shall request it in writing. The same notice shall be given of a special 4 26 Quorum. meeting as is required for a stated meeting; except that in any peculiar case not admit- ting delay, the president, with the consent of five counsellors, may call a special meeting of the counsellors at such notice as the cir- cumstances may permit. Adjournment XIII. Any meeting of the counsellors cou'nseiiofs.^ may be continued by adjournment by a vote of the major part of the counsellors present; and in all meetings of the counsellors, nine shall be present to constitute a quorum for the transaction of business ; but a smaller number may adjourn the meeting to any day within one week. officers to be XIV. At the first stated meeting of the counsellors every year, they shall choose by ballot from among all the persons elected counsellors, the following officers of the so- ciety, viz: a president, vice-president, cor- responding secretary, recording secretary, treasurer, and librarian; they shall, at the same meeting, choose by ballot, from among the fellows of the society, five censors for the society at large and the first medical district, and five for each of the other medi- cal districts, as designated in the act of the commonwealth of February 19, 1819, en- titled An Act in addition to an Act, en- titled ' An Act regulating the practice of 27 Physic and Surgery;'* and all officers so chosen shall hold their respective offices for the ensuing year, and until others are chosen in their stead. A fellow elected as censor, shall not be permitted to decline that office without the consent of the counsellors, ex- cept the president and vice-president, and those who have previously sustained those offices. XV. Nominations of candidates for Election of fei- election as fellows or honorary members oforary mem- the society, shall be made to the counsellors bers' by one or more of the fellows; but no per- son resident within the limits of any estab- lished district society, shall be nominated by any one not belonging to that district. The counsellors shall, at every stated meet- ing, examine and act upon the list of nomi- nations, if any such there be. Every can- didate for election as fellow or honorary member, shall have been on nomination at least three months before he can be balloted for. XVI. Every person elected and admitted Diploma. a fellow of this society, shall be entitled, on application to the recording secretary, to a diploma, in the form following, viz. * This act is superseded by the Revised Statutes, Part I, Chap. XXII, Sec- tions 2 and 3. But the provisions are the same. See p. 16. 28 Societas Medica Massachusettensis. Omnibus ad quos haec pervenerint salu- tem. Q,uum Reipublicse Massachusetten- sis Summa Auctoritas Societati Medicae Massachusettensis jus et privilegium con- cessit, ut medicinae Cultores, qui artem suam fideliter ediscendo, vel recte exerci- tando, famam honestam consecuti sunt; illos eligerent et sibi socios adjungerent: Notum esto ; quod his propositis exsequen- dis, Consiliarii Societatis Medicae Massa- chusettensis Socium acceperunt in oppido comitatu habi- tantem, virum vitae integerrimum, artisque medendi peritissimum, qui suis et auxilio et decori semper fuit; et quern omnibus ho- noribus et privilegiis Societatis dignissimum judicaverunt. 4 Quorum in testimonium, Sigillum Socie- tatis affigendum dedi, nomenque meum ap- posui, Bostoniae, Die Mensis Annoque salutis humanae, millesimo octin- gentesimo et Prases. Atttstante, a Secretis. List of books XVII. It shall be the duty of the coun- to be studied. seHors? once in every three yearg &t jeagt? to specify such authors in anatomy, physi- ology, chemistry, materia medica, midwifery, 29 and the theory and practice of medicine and surgery, as they shall judge proper and ne- cessary to be studied by medical and surgi- cal pupils, previously to, and to qualify them for, an examination before the censors ; and they shall, as the law directs, cause this specification to be published in three news- papers, in three different counties, and in at least two papers in the city of Boston. XVIII. All communications relative to Scientificcom- scientific subjects shall be received and con- sidered by the counsellors, and may be dis- posed of by them as they may judge most expedient. They may propose to the fel- lows inquiries upon professional topics, and request communications upon the same. They may, from time to time, select and publish any communications or other papers of a professional character, and also such and a^propria- proceedings of the society or of their owntioMofmone5r- board, as they may judge proper, and they may appropriate money for such publica- tions, or for other purposes, which they think conducive to the welfare of the soci- ety or medical science, as far forth as the funds of the society will permit. XIX. The counsellors shall, at one of Annual di*- their stated meetings, annually appoint acour"' suitable person to read a discourse or disser- 30 tation, on such medical subject as the per- son so elected may choose, before the fellows of the society, at their annual meeting ; and in case the person thus chosen should de- cline the service, the president with five counsellors may appoint another in his stead. A copy of every such discourse, when read, shall be deposited, by its author, with the corresponding secretary within three months after it has been delivered. Duties of the XX. The president shall call all meet- ings of the society and of the counsellors, shall preside at the same, shall regulate the debates, state and put questions ; in case of an equal division on any question, have a casting vote, call for reports of committees, and enforce at these meetings an observance of the by-laws, rules and orders; and shall perform such other duties as may be assign- ed to him. Duties of vice XXI. In the absence of the president at president. any meeting of the society, or of the coun- sellors, his duties shall devolve on the vice president; and in the absence of both the president and vice president, on the senior counsellor present. In case of the death, disability, absence from the commonwealth, or resignation of the president, all the duties of his office shall be performed by the vice president. 31 XXII. The corresponding secretaryDuties of cor- responding shall have the charge and custody of all let- secretary. ters and communications transmitted to the society or the counsellors, and to him they should be addressed; he shall prepare and transmit answers to correspondents in such language and form as the society and coun- sellors respectively may direct; he may cause letters or communications written in any foreign language to be translated into Eng- lish ; he shall report, at each stated meeting of the counsellors, the names of all persons who have become fellows since the prece- ding stated meeting ; within a fortnight pre- ceding the annual meeting of the society, he shall transmit to the treasurer of the society a correct list of all who have become fellows of the society in the year preceding; and he shall perform such other duties as may be assigned to him. XXIII. The recording secretary shall Duties of re- keep the seal of the society, and he shall c^lymg secre" have charge and custody of the records of the society and of the counsellors and of all papers directed by them to be kept on his files; he shall notify and attend the meet- ings of the society and of the counsellors, keep a fair record of their proceedings re- spectively, and read at the meetings of the society all such communications as the coun- 32 sellors may direct to be made; he shall re- ceive and record the nominations for elec- tion into the society and lay them before the counsellors at each stated meeting; he shall notify the chairman of every committee ap- pointed by the society or counsellors, in each case stating the commission and the names of the committee; and he shall per- form such other duties as may be assigned to him. interchange of XXIV. If at any meeting of the society retorTes! 8eC or the counsellors, one of the secretaries be absent and the other present, the latter shall perform the services of both so far as may be; but as soon as possible he shall arrange and deliver over to the absent secretary the papers belonging to his department, with a copy of records or orders as the case may be. Records of the XXV. The records of the society, and ie y' of the counsellors, shall be produced at eve- ry anniversary meeting of the society and placed by the secretaries in some convenient place for inspection of such of the fellows as are desirous of consulting them ; and at all other times, it shall be the duty of the sev- eral secretaries to grant every reasonable indulgence to every fellow of the society, who may wish to examine the records. 33 XXVI. The treasurer shall give security Duties of the for the trust reposed in him, whenever the * counsellors shall judge it to be requisite, and the funds of the society will admit of a com- pensation for his services. He shall de- mand and receive all money due to the soci- ety, together with all bequests and dona- tions ; he shall, if necessary, sue for all fines and assessments due to the society: he shall under the direction of the counsellors, sell or lease any estate belonging to the society and execute the necessary papers : he shall in general have the care and management of the fiscal concerns of the society, and keep an accurate statement of all receipts and ex- penditures. He shall examine all accounts and charges against the society, and when he is satisfied that they are correct shall present them to the president; but he shall not pay any money out of the treasury with- out a written order from the president; he shall subject his accounts to such exam- ination as the counsellors may order; he shall annually make a statement of his doings and of the state of the funds in his hands to the society ; and he shall perform such other duties as may be assigned to him. XXVII. The librarian shall have in his Duties of n- custody and charge, the books, museum, in- struments, and apparatus of the society. He shall keep an accurate register of the 5 34 same, and arrange them in a proper man- ner; shall make such disposal of them, from time to time, as the counsellors may direct for the benefit of the fellows. He shall make an annual statement of the business of his department to a committee, who shall report the same to the counsellors ; and he shall carefully record all donations made in his department to the society. He shall distribute the publications of the society in such manner as the counsellors may direct; and he shall perform such other duties as may be assigned to him. Resignation or XXVIII. Any officer of the society removal of of- ,, ~, . • i • /v» ficers. may, lor sufficient reasons, resign his office, or may be removed therefrom, by order of the counsellors, for neglect, inattention, or malconduct; in either of which cases, or on the death of any officer, the counsellors shall supply the office vacated as soon as may be convenient. Censors'meet- XXIX. The censors shall hold their meetings for the examination of candidates for the practice of medicine and surgery as follows, viz: First medical The censors of the society and of the first medical district, in Boston, on the Thursday next preceding the annual meeting of the society, and on the last Wednesdays in Jan- uary and July ; the censors of the second 35 medical district, in Worcester, on the Wed- Se,c°nd .medi" ' % ' cal district. nesday following the third Monday in June ; the censors of the third medical district, in tvt i axt i • Third medical Northampton, on the Wednesday following district. the third Tuesday in September; the cen- sors of the fourth medical district, in Pitts- Fourth medi- field, on the day previous to the day of com-cal dl3tllct- mencement of the Medical Institution in that place. At these meetings three cen- sors shall constitute a quorum, and theRulea for the meetings. senior censor present shall preside; like- wise these meetings may, any of them, be continued by adjournment, and if there be not three censors present, no vote shall be taken except on the question of adjourn- ment. XXX. Every censor who shall neglect Penalty for . non-attend- or refuse to attend any meeting, for the ex- ance. amination of candidates, of the board of censors to which he belongs, without offer- ing an excuse which shall be satisfactory to those who do attend the same, shall pay to the secretary of the board a fine of ten dollars, to be paid over to the treasurer of the society for its use. XXXI. The expenses incurred by any Payment of . c , expenses of censor, while attending a meeting 01 the censors. board to which he belongs, may, upon de- mand within one year after such a meeting, be paid by the treasurer of this society from 36 the funds of the same, provided that not more than two dollars be paid to any censor for each day's attendance, and provided that the meeting be not held in the town where he resides. Secretary of XXXII. It shall be the duty of every censors. 1 j r. . , . „ board ot censors to appoint at their first meeting a secretary from their own body for the ensuing year. The duty of every secretary so appointed, shall be to keep a faithful record of the meeting and transac- tions of the board by which he is appointed; to give immediate notice to the correspond- ing secretary of the society of the organiza- tion of such board ; to receive the fees for licenses, for which fees he shall be held ac- countable to the society; and likewise, at the termination of the year for which he shall be appointed, to transmit to the trea- surer of the society the moneys he may have received as above, and to the corres- ponding secretary of the society a true copy of the records he may have made, in order that the same may be laid before the coun- sellors of the society. fytre^ary- XXXIII. If the secretary of any board of censors, of censors fail to comply with the preceding rule, it shall be the duty of the treasurer, or the corresponding secretary of the society, 37 as the case may require, to call on such sec- retary by letter to comply with this law; and if the neglect continue, information of the same shall be laid before the counsel- lors by the treasurer or corresponding sec- retary, as the case may be; and the coun- sellors may then take such order for enforc- ing the by-law as the case may seem to them to demand. XXXIV. The stated meetings of the Notice of censors shall be notified in the manner fol- ^'Jf °f lowing, viz : the secretary of each board shall advertise in two newspapers within the medical district to which he belongs, the time and place of each meeting of that board, one month at least before the day of such meeting. This duty will devolve on the person last appointed as secretary of the censors in each district, although the meet- ing to take place may be that of a board elected for the ensuing year, and although he be not a member of that new board. XXXV. Any person, who has received Qualifications .. t -i i . • -ji • ji ' of candidates. his medical education within this common- wealth, may be admitted to an examination Educated in by any board of censors, provided he have the following qualifications, and not other- wise. 1. He shall be a person of sound mind, and of good moral character, shall have 38 completed twenty-one years of age, and shall have such an acquaintance with the Latin language, as is necessary for a medi- cal and surgical education, and with the principles of geometry and experimental philosophy.* 2. He shall have studied three full years under the direction, and attended the prac- tice of some one or more of the fellows, or retired or honorary members of the society; during which time he shall have studied the most approved authors on anatomy, chem- istry, materia medica, midwifery, and the theory and practice of medicine and sur- gery ; or, at least, all those which the coun- sellors shall from time to time specify, as constituting a proper course of medical and surgical education. Educated out XXXVI. Any person wfro has received of this state. n-g mec]jcai education out of this common- wealth, may be admitted to an examination by any board of censors, provided he have the following qualifications, and not other- wise. 1. He shall have the qualifications first specified in the preceding by-law. * It is understood that he be able to translate the select orations of Cicero, the ^Eneid of Virgil, or the medical writings of Celsus, and the formulae of the Pharmacopoeia of the United States ; and that he have a knowledge of Euclid's, Playfair's, or Legendre's Elements of Geometry ; and Bryan's Conversations on Experimental Philosophy, or Enfield's Elements of Natural Philosophy. 39 2. He shall have studied three full years under the direction, and attended the prac- tice, of some respectable physician or phy- sicians ; and shall have followed in his medical studies a course equivalent to that pointed out in the second of the preceding by-laws. XXXVII. Candidates for examination Modes of ap- before any of the boards of censors shall, atS^tef or before one of the stated meetings of such board, make application and give their names in writing to the secretary of such board ; and no candidate shall be examined, except at a stated meeting of the board to which he applies, or at the adjournment of the same. At every such meeting, the can- didates shall be called upon in alphabetical order, and each candidate shall be exam- ined separately and in private. In every case, except in the cases described in the fortieth by-law, the candidate for a license in in i^«. Eee to be paid shall pay ten dollars, as the fee for the by them. same, to the secretary of the board before which he presents himself, previous to any examination of his qualifications. In every case in which a candidate is refused a li- cense, the fee so paid shall be immediately returned. When the license is granted in any case, the fee shall be retained by the secretary to whom it is paid, and shall be accounted for by him in the manner required in the by-laws. 40 Rules for ex- XXXVIII. In every examination the animation. J following course shall be pursued, viz: Testimonials *st* ™e candidate shall be called upon for written testimonials of his having com- plied with the conditions required by the foregoing by-laws in respect to education, and it shall be especially inquired whether any portion of the time which he has pro- fessed to devote to his medical education, has been employed in keeping school, or in any other occupation ; and whenever it ap- pears that a candidate has employed a por- tion of his time in keeping school, or in any other occupation, and at the same time has been studying medicine and surgery, and it is certified by his medical preceptor that he has diligently and assiduously employed the hours not devoted to his school in his pro- fessional studies, a part of the time so em- ployed shall be allowed towards making up the time of such candidate's pupilage ; that is to say, if the candidate has been engaged in a day-school for six hours in a day, one half the time so spent shall be allowed towards the time of the pupilage; and if a larger or smaller portion of time has been so employed, an allowance shall be made in proportion; only, that in all cases the last year of pupilage shall be entirely devoted to professional pursuits. 41 2. Before examining the candidate in Preliminary the different branches of medical science, "* his knowledge of the Latin language, and the principles of geometry and experimental philosophy, shall be carefully inquired into, and fully ascertained. In every case, where the censors are not fully satisfied on the points here stated, the examination shall close, and letters of approbation and license shall be refused. 3. In every case, where the censors are List of books. fully satisfied on the points above stated, the candidate shall next be called upon for a list of the books he has read, and it shall be noticed whether this list includes the books required by the laws of the society, and if he has not read the books so required, the examination shall close, and not be resumed until he has read the same. 4. The candidate, having passed through Medical exam- the preceding steps with approbation, shall next be examined in the following branch- es separately, viz: anatomy, physiology, chemistry, materia medica, midwifery, and the theory and practice of medicine and of surgery; and in addition, by such general inquiries as the censors examining may think proper. 5. When the examination of the can- didate has closed, he shall retire from the meeting of the censors, and the chairman shall propose the following question, to 6 42 which each censor present, including the chairman, shall answer yea or nay, viz: Does the candidate who has now undergone examination appear qualified to practice medicine and surgery, and to take charge of the lives and health of his fellow men ? If the major part of the censors present at his examination reply in the affirmative, he shall receive a letter of approbation and license; if otherwise, such letter shall be refused him. Certificate of XXXIX. The certificates or letters of approbation approbation and license, for those who shall and license. r i •? be examined and approved by any board of censors, shall be in the form following, viz: Commonwealth of Massachusetts. We the subscribers, censors of the Mas- sachusetts Medical Society, duly appointed and authorised, have examined A. B., of C, in the County of D., a candidate for the practice of physic and surgery ; and having found him qualified, do approve and license him as a practitioner in medicine, agreeably to the law in that case made and provided. Dated at this day of A. D. one thousand eight hun- dred and E. G. H. I. K. L 43 By virtue of the power in me vested, I have hereunto affixed the seal of the Massa- chusetts Medical Society. M. N. President. Attest, O. P. Recording Secretary. Or if the approved candidate should ehoose to have his credentials in Latin, they shall be in the form following, viz: Societas Medica Massachusettensis. Omnibus ad quos haec literas perveniant, salutem. Notum esto ; quod nos Censores, A. B. in C. comitatus D. in re- publica nostra, habitantem, de ratione et progressu ipsius studiorum in re medica ex- quisivmius; et quod eum, ad omne munus facultatis paratum et instructum esse censemus : Nos, itaque merito, potesta- tes omnes ac privilegia exercendi, et profitendi, pro auctoritate nobis, legibus reipublicae, concredita, damus ei, et concedi- mus. In cujus rei testimonium, nostrum nomina subsignavimus, apud die A. D. MDCCC E. F. G. H. I. K. In quorum omnium et singulorum, fidem, 44 ad presentes literas, sigillum Societatis ma- numque meum apposui. L. M. PRiESES. Attestat, N. P. Candidates XL. When any candidate presents from abroad himself to the censors, who has been edu- ior license 7 0IU7- cated out of this commonwealth, and offers testimonials to show that he has received a proper education, and undergone an exam- ination with success before some competent body, agreeably to the second section of the law of this commonwealth, passed February 19, 1819, entitled, 'an Act in addition to an act regulating the practice of physic and sur- gery,' the censors shall institute an inquiry into all or any evidence which shall come before them, whether the candidate has ac- tually received as good an education as is required by the by-laws of this society, and whether the practice of the body before whom such a candidate has been examined, has been such as to entitle their approbation to full respect; and, if the evidence be al- together favorable, such candidate shall be permitted to receive a letter of license; but, after examining the evidence in the case, if it do not appear that the education has been equal to that required by this society, the can- didate shall be rejected ; and if it do not ap- pear that the body which examined the can- didate is entitled to full respect, or if in any 45 way the censors are doubtful as to his qual- ifications, they shall examine him themselves and decide upon the case, as if he had never been examined before; but in this case, it shall not be considered necessary that he should have studied with a fellow of this so- ciety, or read the books required by this so- ciety to be read by medical students. XLI. The certificates or letters of li-Certificate of n i j .1 j • license. cense for such persons as are described in the preceding by-law, and are entitled to a license in accordance to it, shall be in the form following, viz: Commonwealth of Massachusetts. We the subscribers, censors of the Massa- chusetts Medical Society, duly authorized, have examined the letters testimonial of of in the county of and having found them satisfactory, do hereby admit him to all the privileges of those who have been examined and approv- ed by the censors. Dated at this day of A. D. eighteen hundred and By virtue of the power in me vested, I have hereunto affixed the seal of the Massa- chusetts Medical Society. President, Attest, Recording Secretary. 46 District XLII. Every application for the estab- SOCIETIES. J rr ,. i • . 1 11 lishment of a district medical society shall be made in writing to the counsellors, stating the extent of territory intended to be cora- Modeofappli-Prehended hY {t9 and the tOWI1 .OT PlaCe cation. where it is proposed that the meetings shall be held. Whenever the counsellors shall accede to such application^ they shall forth- with cause a charter to be issued in the form following, viz: Commonwealth of Massachusetts. charter. [l. s. ] By the Counsellors of the Massa- chusetts Medical Society. To A, B, C, D, E, F, and Y. Z, Fellows of the said Society, greeting. Your application, made in due form, re- questing that a district or subordinate Medi- cal Society might be instituted, to consist of the fellows of the Massachusetts Medical Society residing in the following towns, in the of viz. was duly considered, at a meet- ing of the counsellors held at on the day of A. D. 18 , and it was thereupon voted that your request should be granted. Be it therefore known, That pursuant to an act of the legislature of this common- wealth, entitled, ' an Act in addition to an 47 Act, entitled, an Act to incorporate certain persons by the name of the Massachusetts Medical Society,' authorising the counsel- lors of said society thereunto, a district or subordinate society, by the name of is hereby established, to consist of those fel- lows of the Massachusetts Medical Society, now resident within the limits aforesaid, for the purpose of electing officers, and trans- acting such other business, as they shall deem expedient. In testimony whereof, the president, pur- suant to the aforesaid vote of the counsel- lors, has hereunto subscribed his name, and affixed the seal of the corporation at this day of A. D. 18 . M. M. President. Attest, N. P. Recording Secretary. XLIII. In every district medical society ™. ej. J J Officers of dis- there shall be annually elected a president, t™t medical secretary, treasurer and librarian, and suchs° other officers as such society may see fit. The officers of each district society shall examine all communications made to that society, and shall direct the secretary thereof to transmit to the corresponding secretary of the society, such communications, or a copy thereof, or extracts therefrom, as they shall judge to be deserving the inspection of the counsellors. 48 Secretary. rpj^ secretary 0f each district society shall, immediately after the election of officers in each year, transmit a list of the officers cho- sen to the recording secretary; he shall have custody of all communications made to that society, and shall keep a fair record of their proceedings ; an account of which he shall annually transmit to the correspond- ing secretary of this society. He shall from time to time transmit to the said correspond- ing secretary, all such communications as the officers of his district society shall deem to be deserving the consideration of the counsellors. If the secretary of any dis- trict society fail to transmit information as above directed, in a reasonable time, it shall be the duty of the corresponding secretary of this society to call on such secretary by letter to conform to this by-law. m^y^extend XLIV. The counsellors shall be author- limits of dis- ised upon the application of all the fellows trict societies residing in any town, not included in the limits of any district society, to annex such town to the district to which it is adjoining, provided the addition so made receive the concurrence of the said district society, to be expressed by a vote passed at a regular meeting of that society. Selection of Counsellors. XLV. Any district medical society may select, previously to the last Wednesday of 49 May in each year, the number of counsel- lors to which by its number of fellows such district is entitled, and the secretary of said society shall make return of such selection to the recording secretary before the an- nual meeting of the society." XLVI. Every district society that shall Privileges of i ,1 . ~» ■.. .% district socie- agree by vote to that effect, to distribute to ties. its members the publications of this society, and to collect so far as may be practicable the assessments of its members and pay over the same to the treasurer, shall, so long as such agreement is punctually performed, re- ceive one third part of the amount so col- lected,—subject to the following conditions, designed to ensure the prompt collection and payment as aforesaid. 1. The treasurer of this society shall, in Assessments the first week of May annually, transmit tobers. the treasurer of such district society a list of all assessments which will be due from the members of said district society on the last Wednesday of said month, with authority to collect the same, and shall charge the same to him. 2. The treasurer of the district society collection of shall collect the assessments within his dis-assessments- trict, as soon as may be after the annual meeting ; and if any remain unpaid after the first day of January following, he shall report the same as delinquent to the treas- 7 50 urer of this society, who shall take prompt measures to enforce payment thereof; un- less there shall in his judgment be sufficient reason for referring the case of any delin- quent fellow to the counsellors. No part of any sums thus collected by the treasurer of this society shall accrue to the district soci- ety. Return of col- 3. The treasurer of the district society lections> shall, on or before the first day of February, make a full return to the treasurer of this society, of all the assessments charged on his list, with the condition of each, whether paid or unpaid; and also transmit two-thirds of the amount collected by him. And such return and remittance shall be a full dis- charge of the demand created by the charge required in the first article of this by-law. In case any district treasurer shall neglect to make his return as herein provided, he shall be liable to be proceeded against ac- cording to law, for the whole amount of assessments charged to him on his list, pro- vided the same do not exceed the sum which this society is authorised to fix as a penalty for a breach of its by-laws; and if it should exceed that sum, he may be proceeded against for that sum only. Loan from the XLVII. Every district society which library. g^j agree to distribute the publications, and collect the assessments, as provided in 51 the preceding by-law, shall be entitled to receive not exceeding sixty volumes, to be designated by the counsellors, from the li- brary of this society, to be deposited as a loan with the library of such district society, and used as a part thereof, but to remain the property of this society, and liable to be recalled at any time whenever the counsel- lors shall deem it necessary or expedient. XLVIII. If any district society, which Neglect of dia. shall have agreed as aforesaid, shall refusetrict societies. or grossly neglect to comply with the condi- tions of said agreement, it shall be the duty of the counsellors to recall all the privileges granted in pursuance thereof, and to direct the treasurer to collect the assessments of its members in the same manner as those of other fellows are collected. XLIX. The fellows of this society, library. excepting such as are members of a district society to which books are loaned, shall be Use of by fei- entitled to the use of any books remaining 0W8' in the society's library, on a personal or written application therefor to the librarian, and giving him a receipt for the same. And it shall be the duty of the librarian to keep a record of the delivery and receipt of such books, and the dates of the same. 52 Time allowed l# Every fellow shall be allowed to re- fer detention. J , tain a book from the library one year and no longer: after the expiration of which time, if he neglect or refuse to return it, he shall pay a fine of twenty-five cents a week on each book, during the period any book or books shall be detained, and shall be de- prived of any further use of the library until Penalty for in-this is done. If any book in the possession of a fellow shall be injured, it shall be com- pletely repaired or replaced by him. LI. Any fellow of the society may have one folio, two quartos, or three of a smaller size; but no more at any one time. Lll. The librarian shall cause each book belonging to the library to be marked on the inside cover with the arms of the soci- ety, and underneath, the following words: 6 Property of the Massachusetts Medical Society,' or < Gift of A. B. to the Massa- chusetts Medical Society,' as the case may be. Sub-librarian. LIII. The librarian may appoint a sub- librarian for the delivery and receipt of books; and no person shall be allowed to take any book from the library, excepting in the presence of the librarian or sub- librarian. jury. Number of books to be taken. Labels on books. 53 LI V. When a fellow of the society ap- Course to be t r- i i i • i • i i taken when a plies for a book which is out, he may leave book sent for a written application for it with the librarian,ls out who shall retain the book, after its return to the library, thirty days, for the person so applying for it. LV. Any licentiate of this society, or Admission t0 doctor of medicine of Harvard University, fellowship. or of the Berkshire Medical Institution, may obtain admission as a fellow into this soci- ety, as provided in the laws of the common- wealth, by either of the methods following, viz: 1. He may apply to the corresponding By application secretary of this society, and after exhibit- pondw^ecrel ing his letter of license, or his diploma, as tair- the case may be, he may subscribe a printed copy of the by-laws, to be kept by the cor- responding secretary for that purpose ; and the corresponding secretary shall then give to him a certificate that he is entitled to a diploma of his fellowship. Such a diploma shall be furnished to him by the recording secretary, on the presentation of this certifi- cate : or, 2. He may apply to any counsellor of0r t0 a coun. this society, when at a distance from thesellor- corresponding secretary, and present to the same his letter of license or diploma, as the case may be, and subscribe a printed copy of the by-laws belonging to such counsellor; 54 whereupon the counsellor shall give to the applicant a certificate of the transaction, specifying the date of the license or diploma exhibited ; this certificate shall be transmit- ted by the applicant, at his own expense, to the corresponding secretary, who shall then proceed as if the applicant had signed the copy of the by-laws kept by himself and who shall likewise insert the name of the applicant on the copy, with the name of the counsellor concerned in the transaction, and shall transmit to the applicant a copy of the by-laws: Provision as to Provided, That every applicant under mora c arac- ^.g j&w ^^j gatjgjy tne pers0n to whom he applies for the signature of the by-laws, that he maintains a good moral character, before he is permitted to sign the same. Evidence of LVI. The evidence of a good moral ter. character, in the case referred to in the next preceding by-law, shall be a certificate from some known and respectable person ac- quainted with the applicant, except when he is known to the secretary or counsellor to whom he applies, in which case such officer may act on his own knowledge. Duties of LVII. It shall be the duty of every counsellors in ,. , , the admission counsellor to keep a copy of the by-laws of fellows, ready for subscription, and to act in con- formity with the by-la„ws next preceding; 55 and in case any counsellor certifies falsely in respect to an applicant to him for signa- ture, he shall, on conviction, be liable to expulsion from the society. LVIII. If any licentiate of this so-Liabilities of ciety, or Doctor of Medicine, graduatedlicentiates' either at Harvard University or at the Berk- shire Medical Institution, shall deal in or recommend secret medicines, or shall con- sult with, or aid or abet any irregular prac- titioner, he shall be liable to be deprived of the privileges of a licentiate, and to be de- clared an irregular practitioner. Form of Subscription. The subscribers agree to comply with the by-laws of the Massachusetts Medical Society. ORDERS. 1. On the day of the annual meeting of the fel- lows of the society, a dinner shall be provided, under the direction of the president, at the expense of the society, for such fellows as attend the meeting. 2. An invitation to this dinner shall be given to such professional strangers, as the president shall think proper to notice in this manner. 3. At the meetings of the fellows and counsellors of the society, the president shall not leave the chair, unless on some urgent occasion, nor speak to any question, without first obtaining permission. 4. When any fellow shall speak in a debate, he shall rise and address himself to the president. 5. If a fellow has spoken once in any debate, he shall not speak to the prevention of another, who has not spoken, and manifests a desire to speak. 6. Every fellow, as soon as he has done speaking, shall sit down. 7. A fellow shall not interrupt another while speaking, unless to call him to order, or to correct a mistake. 57 8. A fellow shall not speak on any subject after the question is put. 9. A motion shall not be considered unless se- conded. 10. A fellow shall not nominate more than one person for the same committee, provided the first per- son nominated by him be chosen. 11. A vote shall not be re-considered, at the same meeting, by a smaller number than were present at its passing. 12. Literary gentlemen, interested in medical science, and students in medicine, shall be publicly invited to hear the annual discourse. 13. All printed publications shall be in the form of octavo. 14. It shall be the duty of the Secretary of each district society to communicate to the corresponding secretary notice of any change that may occur in his district by the death or removal of a fellow of the society. 15. The qualifications of candidates for examina- tion and license, shall be made public, at least once in a year, by the recording secretary, in such manner as he shall judge expedient. 16. The recording secretary shall supply to the several boards of censors, from time to time, as they may call for them respectively, blank certificates tes- timonial of approbation and license, and also blank certificates testimonial of license, with the signature of the president and his own, and with the seal of the society duly affixed. He shall keep an account of all certificates so furnished, and the several boards 8 58 shall account by their secretary, at the end of every year, for such certificates, to the recording secretary, who shall thereupon transmit to the treasurer an ac- count of the fees for licenses, for which each board is responsible. 17. The recording secretary shall always keep printed copies of the methods to be pursued by licen- tiates of this society, and by doctors of medicine of Harvard University, and of the Berkshire Medical Institution, who wish to be admitted as fellows of this society. He shall furnish, from time to time, such copies as may be wanted by the several boards of censors, and by the medical faculty of Harvard Uni- versity and of the Berkshire Medical Institution ; in order that every licentiate of this society, and every medical graduate of Harvard University and of the Berkshire Medical Institution, shall be furnished with one of the said copies. RULES AND ORDERS COUNSELLORS. 1. A publication shall be issued annually, under the direction of the committee on publications, as early as may be after the annual meeting; and shall be distributed by the librarian to each fellow and retired member, and to the honorary members of the society, by mail or through the medium of the district societies. Such publication shall contain the annual discourse, unless otherwise directed by the society or the counsellors, and such other medical communi- cations as the counsellors may authorise to be publish- ed * and in an appendix, an abstract of the proceed- ings of the society, and of the counsellors, comprising the record of all their transactions, excepting only such as are of a private or personal nature ; a list of the officers of the society, and of each district society; and a list of those who have become fellows or hon- orary members, and of those who have resigned fel- lowship during the preceding year. 60 2. At the meetings of the counsellors, all nomina- tions of the committees shall be made by the presi- dent, unless otherwise ordered. 3. Two standing committees shall be elected at the first meeting of the counsellors, viz: the com- mittee on publications, and the committee on resigna- tions. 4. At the third stated meeting of the counsellors, there shall be chosen a committee to examine the treasurer's accounts on the week preceding the annual meeting, and a committee to examine the library and cabinet; both of which committees shall make their reports to the society at their annual meeting. 5. The nomination of candidates for fellowship shall be made in the form following: 184 . The subscriber nominates to the counsellors of the Massachusetts Medical Society, A. B, of C. for ad- mission as a fellow. He was educated by D., has been in practice years, and has a respectable standing in the profes- sion. E. F. 6. No nomination shall be acted upon, unless the candidate for fellowship has been in practice ten years; except that when the case is represented to be extraordinary, the following course shall be pur- sued, viz: First. The circumstances of the case shall be stated in writing, at the time of nomination, with 61 the signature of the fellow or fellows who vouch for the facts. Second. At the next stated meeting of the coun- sellors, it shall be decided, by a majority of the votes, whether the person so nominated, shall be balloted for at a subsequent meeting. If the decision be in the negative, the same nomination shall not be called up again; but if the decision be in the affir- mative, then, Third. At the next stated meeting, a second vote shall be taken on the question, whether the candidate under consideration shall be balloted for, and the de- cision shall then be final. 7. No candidate for election as a fellow of this society shall be finally balloted for by the counsel- lors at any meeting except at the first stated meeting of the counsellors ; unless there be present at the time of balloting at least one counsellor from the county where the candidate resides, or there be furnished a written recommendation that he be elect- ed, from a counsellor of the same county. 8. Resignation of fellowship may be permitted in the following cases, viz: First. When the applicant has discontinued alto- gether his practice as physician and surgeon. Second. When the applicant states, that his health has been such as to prevent his engaging in his professional pursuits for a year or more; and he has not a reasonable prospect of being able to resume them. Third. When the applicant states that he has passed his sixtieth year. At the Annual Meeting of the Society, May 27, 1840, the fol- lowing votes were passed : Voted, That all votes heretofore passed either by the society or the counsellors, designed to have a permanent operation, be and they hereby are re- pealed, except so far as they have been incorporated into the by-laws or orders. Voted, That the above resolution be printed with the next edition of the by-laws. DISTRICT MEDICAL SOCIETIES. N. B. All the fellows of the Massachusetts Medical Society, residing within the limits of any District, are, by the Act of Incorporation, members of the District Society. ESSEX SOUTHERN DISTRICT MEDICAL SOCIETY. Charter granted June 7, 1804. Place of meeting, Salem. Includes the towns of Lynn, Saugus, Mar- blehead, Salem, Danvers, Beverly, Wenham, Tops- field, Ipswich, Hamilton, Essex, Rockport, and Manchester in the County of Essex; and Middleton in the County of Middlesex, which was added by vote of the Counsellors, June 1, 1837. WORCESTER DISTRICT MEDICAL SOCIETY. Charter granted June 7, 1804. Place of meeting,, Worcester. Includes the County of Worcester. BERKSHIRE DISTRICT MEDICAL SOCIETY. Charter granted February 4,1818. Place of meet- ing, Lenox. Extent, Berkshire County. HAMPSHIRE DISTRICT MEDICAL SOCIETY. Charter granted October 5, 1831. Place of meet- ing, Northampton. Extent, Hampshire County. 64 THE SOUTHERN DISTRICT MEDICAL SOCIETY. Charter granted April 3, 1839. Includes the towns of New Bedford, Fall River, Taunton, Freetown, Fairhaven, Dartmouth, and Westport in Bristol County ; Middleborough, Rochester and Wareham in Plymouth County; Chilmark, Tisbury, and Edgar- ton in Dukes County ; and Nantucket. BARNSTABLE DISTRICT MEDICAL SOCIETY. Charter granted May 28, 1840. Place of meeting, Barnstable. Extent, Barnstable County. HAMPDEN DISTRICT MEDICAL SOCIETY. Charter granted May 28, 1840. Place of meeting, Springfield. Extent, Hampden County. FELLOWS MASSACHUSETTS MEDICAL SOCIETY, ALPHABETICALLY ARRANGED IN COUNTIES. June, 1840. Order 14. It shall be the duty of the Secretary of each district society to communi- cate to the Corresponding Secretary notice of any changes that may occur in his district by the death or removal of a fellow of the Society. * Deceased. t Retired members. BARNSTABLE Admitted. 1837 Atwood George 1820 *Ayers Jason 1810 *Bachelder Josiah 1837 Carpenter Elijah W. 1829 Cornish Aaron 1836 Davis Daniel W. 1839 Ford Oliver 1835 Forsyth James B. 1795 *Freeman Nathaniel 1839 Harpur John 1783 *Hearsey Abner 1840 Holbrook Clarendon G. 1840 Jackson Thomas P. 1803 "[Leonard Jonathan 1817 Sampson Joseph 1786 *Savage Samuel 1833 Seabury Benjamin F. 1834 Tuck Henry 1837 Wing Bennet 9 Orleans Truro Provincetown Chatham Falmouth Wellfleet Barnstable Sandwich Resigned. Died. Age. 1826 1838 78 1829 84 1814 1827 86 Barnstable Dennis Yarmouth Sandwich Brewster Barns table Orleans Barnstable West Barnstabte 1787 65 1833 1820 1831 83 66 BERK Admitted. 1837 Babbitt Snell 1837 Babbitt Nathan S. 1837 Barker John L. 1813 *Barstow Samuel 1816 Bartlett Hubbard 1813 Beach Erastus 1825 *Boulton Thomas 1803 *Brewster Oliver 1825 Brewster John M. 1801 *Burghardt Hugo 1803 *Childs Timothy 1811 Childs Henry H. 1810 Collins Daniel 1839 Couch John W. 1816 Dewey Luke 1823 *Dorrance Trumbull 1838 Ferre Henry 1837 Fitch Worharh L. 1816 Fowler Royal 1837 Guiteau Corridon 1837 Hill George 1825 Hodges Isaac 1839 Jennings Selden 1804 *Jones Horatio 1837 Kittredge Benjamin T. 1837 Leavitt Dudley 1803 *Lewis Eldad 1837 McAllister Charles 1785 fPartridge Oliver 1813 *Peet Edmund C. 1816 *Perry Alfred 1821 *Phillips Liscom 1837 Phillips Henry P. 1837 Pierce Enoch 1821 *Porter Alanson 1816 *Preston Nathaniel 1837 Sabin Henry L. 1837 Sabin Millen 1785 *Sargeant Erastus 1827 *Sargeant Erastus 1803 *Sheldon Remember 1826 Smith Samuel 1837 Thomas Philander H. 1808 *Towner William 1817 *Tyler Piatt B. 1820 |Tyler William H. SHIRE. Resigned. Adams North Adams Adams Great Barrington Lee Sandisfield Egremont Becket Pittsfield Richmond Pittsfield Lenox Great Barrington West Stockbridge Pittsfield Dalton Otis Stockbridge Lee North Adams Adams Richmond Stockbridge Hinsdale West Stockbridge Lenox 1810 Lee Stockbridge 1803 New Marlborough Stockbridge Adams North Adams Pittsfield Williamstown Sheffield Williamstown Tyringham Stockbridge 1814 Lee Williamstown Hancock Williamstown West Stockbridge Lanesborough 1838 Died. Age. 1813 1812 1822 52 1821 73 1813 42 1828 44 1838 58 1821 44 1826 42 1814 72 1813 67 Admitted. 1325 Welsh Asa G. 1837 White Vassall 1781 *Whiting William 1813 *Worthington Charles 1820 Worthington Robert 1821 * Wright Oren Resigned. Died. Lee (Curtisville) Stockbridge Great Barrington 1792 Lenox 1840 Pittsfield Age. 63 61 1836 46 BRISTOL 1839 Archer Jason H. 1835 Barrows Ira 1833 Bartlett Lyman 1839 Bartlett Francis D. 1822 f Bates Leavitt 1781 *Baylies William 1812 tBillings Benjamin 1836 Brown Artemas Z. 1786 *Cobb David 1840 Crary William H. A. 1839 Glazier Amory 1805 *Godfrey Jones 1823 Gordon William 1835 Gordon William A. 1839 Greene Edward W. 1835 Gushe John H. 1839 Hooper Foster 1823 *Johnson Artemas 1839 Ladd Azell P. 1819 Leonard George 1824 Mackie Andrew 1819 Martin Calvin 1822 Mason William B. 1830 Mayhew Julius S. 1803 *Perry Samuel 1835 Perry William F. 1832 Randall Menzies R. 1816 Read Alexander 1836 Sawyer Samuel 1839 Sisson Benjamin B. 1821 Spooner Paul 1831 Stone Jeremiah 1833 Swan Caleb 1795 *Swift Foster 1835 Talbot Charles 1803 *Ware George 1840 Washburn Lemuel W. 1838 Wells William R. Fall River Pawtucket New Bedford Dartmouth Norton Dighton Mansfield Swansey Taunton F'all River Taunton a New Bedford Neio Bedford Raynham Fall River Seekonk Westport Taunton New Bedford Seekonk Dartmouth New Bedford Mansfield Rehoooth New Bedford Fairhaven Westport Neiv Bedford a Easton Taunton Dighton ft New Bedford New Bedford 1830 1831 1826 84 1804 1830 82 1831 61 1827 38 68 Admitted. 1822 Whittredge William C. 1832 Willard Henry 1834 Wood Alfred New Bedford Fall River. Dighton Resigned. Died. Age. DUKES'. 1832 Gale Levi B. 1831 Lucas Ivory H. 1791 *Mayhew Matthew 1833 Yale Le Roy M. Tisbury Edgartown Chilmark 1806 Tisbury (Holmes^ Hole) 84 ESSEX. 1807 1832 1835 1832 1808 1838 1838 1834 1830 1803 1838 1839 1811 1839 1832 1832 1839 1839 1800 1826 1835 1804 1804 1803 1803 1825 1832 1831 1834 1830 1831 1804 1840 1835 *Adams Benjamin Atkinson John Atkinson Benjamin Barker Charles O. fBarstow Gideon Batchelder Joseph C. Blaisdell Clark Boyd Isaac Boy den Wyatt C. *Bradstreet Nathaniel Bradstreet Edward Braman Isaac G. Briggs Calvin Briggs James C. Brown William B. Brown Sylvanus Brown Charles H. Carter Moses tCheever Abijah Choate George Clarke Francis *Cleaveland Nehemiah *Cleaveland Parker *Coffin Charles *Coffin William Coffin Edward L. Cogswell George Cox Benjamin, jr. Cressy Oliver S. *Dale Ebenezer *Dodge Samuel *Drury John Durkee Silas Farnham Joseph, jr. Lynnfield Newburyport Amesbury Lynn Salem Topsfield Marblehead West Newbury Beverly Netvburyport Beverly Georgetown Marblehead Salem Lynn i( Ipswich Amesbury Saugus Salem Andover Topsfield Newbury Newburyport Gloucester Lynn Bradford Salem Hamilton Gloucester Wenham Marblehead Lynn Salem 1811 58 1831 1828 57 1835 1815 1829 1815 1817 1823 1837 77 1826 74 1821 80 1834 1833 1823 51 33 69 Admitted. 1804 *Faulkner Enoch 1782 *Fisher Joshua, Pres. 1786 *Flagg John 1826 Flagg Chandler 1803 *Gardner James 1825 *Gardner John F. 1832 Gould Abraham, jr. 1830 Grovesnor John F. 1838 Grovesnor David A., jr. 1837 Haskell Benjamin 1803 *Hazeltine Richard 1836 Herbert Richard 1781 *Holten Samuel 1781 *HolyokeEdw.A. Pres 1816 *Howe Abner 1813 |Hubbard Oliver 1830 Hunt Ebenezer 1818 Johnson Jonathan G. 1822 Johnson Samuel 1835 Jones Nathan 1838 Kinniston Timothy 1796 *Kittredge Thomas 1814 Kittredge Joseph 1827 |Kittredge Ingalls 1830 Kittredge Ingalls, jr. 1838 Kittredge Edward A. 1837 Lamson Josiah 1803 *Little Moses 1824 Longley Rufus 1831 *Lummus John 1804 *Manning Joseph 1805 "[Manning Thomas 1836 *Manning John H. 18.32 Merriam Royal A. 1832 Mighill David 1831 Moriarty John M. 1838 Newhall Asa T. 1811 Nichols Andrew 1832 Nichols Adams 1803 *Nye Samuel 1800 *OHver Benjamin L. 1781 *Orne Joseph 1833 Osborn George 1785 *Osgood Joseph 1803 *Osgood George 1803 *Osgood Joseph 1808 Osgood George Resigned. Died. Age. Hamilton 1829 1830 63 Beverly 1823 1833 84 Lynn 1793 50 Marblehead Lynn 1828 Ipswich 1829 35 Saugus Methuen Danvers Gloucester Lynn 1835 1836 62 Rowley Danvers 1816 77 Salem 1827 1829 100 Beverly 1826 47 Salem 1832 Danvers Newburyport Salem Wenham Haverhill Andover 11 1818 1818 72 Beverly it 1833 Lynn Essex Salem 1811 35 Haverhill Lynn 1836 46 Gloucester 1811 Ipswich C ( 1835 1837 24 Topsfield Georgetown Gloucester Lynn Danvers Gloucester Salisbury 1819 1834 35 Salem 1835 75 a 1786 37 Danvers Andover 1797 78