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         AN  ACT
        TO INCORPORATE
 MEDICAL  SOCIETIES,
    FOR THE PURPOSE OP REGULATINQ
        THE PRACTICE
   OF PHYSIC AND  SURGERY
         IN THIS STATE,
    PASSED THE 4TH OF APRIL, 1806:
      TOGETHER WITH THE


   OF THE MEDICAL SOCIETY
   OF THE COUNTY OF NEW-YORK,
INCORPORATED ON THE 1ST DAY OF JULY, 1806.
PUBLISHED BY ORDER OF THE SOCIETr,
      NEW-YORK:  >. ^.CM
PRINTED BY JAMES CHEETHAM.

         1806. 
 
                 AN   ACT,
To Incorporate Medical Societies, for the purpose
   of regulating the Practice of Physic  and Surgery
   in  this Slate, passed April 4th, 1806.
   WHEREAS well regulated medical focieties have been
found to contribute to the diffufion of true  fcience,  and
particularly the knowledge of the healing art : Therefore,

   Be it enacted hy the People of the State of New-York, rep-
refented in Senate and AJfembly,  That it fhall  and may be
lawful for the phyficians and furgeons,  in the feveral coun-
ties of this ftate, now authorifed  by law to practife in their
feveral profeffions, to meet together on the firft Tuefday of
July next, at the place where the laft term of the court of
common pleas next previous to fuch meeting was held in
their refpective counties ;  and  the  feveral phyficians and
furgeons  fo  convened as aforefaid, or  any  part of them,
being not  lefs than  five in number, fhall proceed to the
choice of a prefident,  vice-prefident,  fecretary and treafur- 
4
er,  who {hall hold their offices for one year, and until oth-
ers  fhall be chofen in their places 5 and whenever the faid
focieties fhall be fo organized as aforefaid,  they are hereby
declared to be bodies corporate and politic, in fact and in
name,  by the names of the medical fociety of the county
where  fuch focieties (hall refpectively  be  formed,  and by
that name fhall be in law  capable of fuing and being fued,
pleading  and being  impleaded, anfwering and  being an-
fwered unto, defending and being defended,  in all courts
and places, and in all matters and caufes whatfovever, and
fhall and may have a common feal, and may alter and renew
the fame at their pleafure.

  And be it further enacted, That there'fhall be a general me-
dical fociety, to be compofed of one member  from each of
the county focieties  in the ftate, elected by ballot at their
annual meeting, who fhall meet together at the city of Al-
bany, on the firft Tuefday of February  next,  and being fo
met, not lefs than fifteen in number, may proceed by ballot
to  the choice of a prefident, vice-prefident,  fecretary and
treafurer, who fhall  hold their offices for one year,  and un-
til others fhall be chofen in their places;  and the faid foci-
ety being fo organized as aforefaid, fhall  be  and they are
hereby declared to be a body corporate and politic, in fact
and in name, by the  name  of " The Medical Society of the
State of New-York" and by that name fhall be in law capa-
ble of fiaa? zndbeinc: fued,  pleading and  being impleaded. 
3
anfwering and being anfwered unto, defending and  being
defended, in all courts and places, and in  all matters and
caufes whatfoever, and fhall and may have  and ufe a com-
mon feal, and may change and alter the fame at their plea-
fure.

  And he it further enacted, that  the medical fociety of the
ftate  of New-York,  and  alfo the medical  focieties  of the
refpective counties, fhall and may agree upon and determine
the times and  places of their next meeting, and  the time
fo agreed upon fhall forever thereafter be the anniverfary
day of holding their refpective meetings ;  and it  is hereby
made the duty of the fecretary of each of the county  medi-
cal focieties, to lodge in the office of the clerk of their ref-
pective counties,  a copy of all the proceedings had at their
firft meetings within twenty days after fuch meetings; and
it fhall alfo  be the duty of the fecretary of the medical foci-
ety of the ftate of New-York, to lodge in  the office of the
fecretary of this ftate,  a copy of their  proceedings had at
their firft general meeting •,  and the faid clerks and fecreta-
ry are hereby required to file the fame in their  refpective
offices, for  which they fhall receive the fum of twelve and
an half cents.

   And be it further  enacted,  That the medical focieties es-
tablished as  aforefaid, are hereby refpectively empowered
io examine all ftudents who shall or may prefent themfelves 
6
for that purpofe, and to  give diplomas  under the hand of
the prefident and feal of fuch  fociety before whom fuch
ftudent fhall be examined, which diploma fhall be fufficient
to empower the perfon fo obtaining the fame to  practise
phyfic or furgery, or both,  as fhall be fet forth in faid di-
ploma,  in any  part  of this ftate, and the perfon receiving
fuch diploma fhall,  upon  the reception of the fame, pay to
the prefident of faid fociety,  the fum of two dollars for the
ufe of the faid  society.

  And be it further enacted, That if  any ftudent who fhall
have prefented himfelf  for  examination before any of the
medical focieties of the feveral counties of this ftate,  fhall
think himfelf  aggrieved by the  decifion  of  fuch fociety, it
fhall be lawful for fuch ftudent to prefent himfelf for exam-
ination to the medical fociety of the ftate of New-York ;
and if, in the opinion of fuch fociety, the ftudent fo apply-
ing is well qualified  for the practice of phyfic or furgery, or
both, as the cafe may be, the prefident of faid fociety fhall,
under his hand and feal of fuch fociety, give to  the faid
applicant a diploma agreeable to fuch decifion, the faid ap-
plicant  paying therefor to the  faid prefident the  fum  of
two dollars.

  And be it further enacted, That it fhall and may be lawful
for the feveral medical focieties  fo eftablifhed as  aforefaid,
at their  annual meetings to appoint not lefs  than three nor 
7
more than five cenfbrs, to continue in office for one year,
and until  others  are chofen,  whofe  duty it fhall be care-
fully  and  impartially to  examine  all ftudents  who fhall
prefent themfelves for that purpofe, and report their opin-
ion in writing to the prefident of faid  fociety.

  And be it further  enacted, That from and after the firft
day of September next,  no  perfon  fhall commence  the
practice of phyfic or furgery within any of the counties of
this ftate, until he  fhall have paffed an examination  and
received a diploma from one of the medical focieties to be
eftablifhed as  aforefaid ; and  if any perfon fhall fo practife
without  having obtaned  a diploma for that purpofe, he
fhall forever thereafter be  difqualified from collecting  any
debtor debts incurred by fuch practice in any court of this
ftate.

  And be it further enacted, That it fhall and may be lawful
for the medical focieties of the refpective  counties in this
ftate,  which  fhall be eftablifhed by virtue of this act,  and
alfo the  medical fociety of the ftate of New-York, to pur-
chafe  and hold any eftate real and perfonal for the  ufe of
the faid refpective focieties ;  Provided  fuch eftate as well
real as perfonal, which the county focieties are  hereby res-
pectively  authorifed to hold,  fhall  not exceed the fum of
one thoufand dollars;  and that the  eftate as  well real as
perfonal,  which the medical  fociety of  the ftate of  New- 
8
York is  hereby authorifed  to hold,  fhall not exceed fire
thoufand dollars.

   And he it further enacted,  That it fhall be lawful for the
refpective focieties to be eftablifhed by virtue of this act, to
make fuch bye-laws, rules  and regulations relative to  the
affairs, concerns and property of faid focieties,  relative to
the admiffion and  expulfion of members; relative  to fuch
donations or contributions  as they  or a majority of  the
members at  their annual meeting fhall think fit  or pro-
per :  Provided  that  fuch  bye-laws,  rules  and regulations
made by the  fociety of the  ftate of New-York,  be  not
contrary to  nor inconfiftent  with  the conftitution and
laws  of  this ftate, or of the United States, and that the
bye-laws, rules and regulations  of the  refpective county
focieties  fhall not be repugnant to the bye-laws,  rules and
regulations of the medical fociety^of the ftate of New-York,
nor contrary  to nor inconfiftent with the conftitution and
laws of this ftate, or of the United States.

   And be it further enacted,  That the treafurer of each fo-
ciety eftablifhed as aforefaid,  fhall receive and be  accounta-
ble for all monies that fhall come into his hands by virtue
of any of the bye-laws of fuch fociety, and alfo for  all mo-
nies that fhall come into the hands of the prefident thereof
for the admiffion of members or licenfing ftudents, which
monies the faid prefident  is hereby required to pay over to 
9
the faid treafurer, who fhall account therefor to the focie-
ty at their annual meetings ;—and no monies fhall be drawr
from the treafurer unlefs  fuch fums and for fuch purpofes
as fhall be  agreed upon by a majority of the fociety at their
annual meeting, and  by a warrant for  that purpofe figned
by the prefident.

  And be it further enacted, That it fhall be the duty of the
fecretary of each of the medical focieties, to be eftablifhed
by virtue of this  act, to provide a book, in which he fhall
make an entry of all the refolutions and proceedings which
may be had from time to time, and  alfo the name  of each
and every member of faid fociety, and the time of his ad-
miffion ; arid alfo the annual reports relative to the ftate of
the treafury,  and all fuch other things as a majority of the
fociety fhall think proper, to which book any member of the
fociety may at any time have recourfe, and  the fame,  toge-
ther with all books,  papers and records which may be in
the hands of the fecretary and be the property of the fociety,
fhall be delivered to his fucceffor in office.

   And be it further enaEled,  That it fhall be lawful for eac^
of the medical focieties to be eftablifhed by virt     ^ t^s
a£t, to caufe to be raifed and  collected fror^  e.  .   c  tne
members of the fociety a fum not exceeding rjr     i  yur& m
any one year,  for the purpofe of procuring -   medtCal libra-
ry and apparatus,  and for the encouragerr       c ufeful dif- 
10
 coveries in chemiftry, botany and fuch oth?r improvements
 as the majority of the fociety fhall think proper.

   And be it further enabled.  That nothing in this a£t contain-
 ed  fhall be conftrued  to prevent any perfon coming from
 any other ftate or country  fro n pra£tifing  phyfic or furge-
 ry within this (late,  fuch  perfon being duly authorized to
 practife by  the laws of fuch ft.\te or country,  having a  di-
 ploma from  a regular  medical fociety, nor to compel any
 ftudent who  may have commenced his flud:es previous  to
 the firft day  of January, one thoufara! eight hundred and
 five, to be  examined by fuch fociety and licenfed in manner
 aforefaid, if  fuch ftudent  fliall choofe to ftudy four years
 and  be licenfed  in  the manner now prefcribed by law:
 Provided, however,  That none of the focieties eftablifhed as
 aforefaid, fhall proceed  to  the examination of  any ftudent
 in order to licenfe him  for the  practice, until  fuch ftudent
 fhall have produced fatisfactory  teftimony that he had regu-
 larly ftud'ed phyfic or furgery, or both, as the cafe may  be,
with one or more reputable practitioner or practitioners for
 the term of ti;ree years.

  And be it further enacted, That it  fhall  be in the power
of the legiflature to alter, modify or repeal this act,  when-
ever  they fhall deem it neceffary or expedient.
  And be it further enacted,  That the act, entitled « on  act
 to regulate the practice of phyfic and  furgery in tins ftate," 
11
be and the fame is hereby repealed from and after the firft
day oi September  next.

  And be it further enacted, That if there  fhould not be a
fufficient number  of phyficians and furgeons in any of the
counties of this ftate to form themfelves into a medical fo-
ciety by virtue of  this act,  it fhall be lawful for fuch phy-
ficians and furgeons to affociate with the phyficians and fur-
geons of an adjoining county for the purpofes hereby con-
templated.

  And be it further enacted, That if the phyficians and fur-
geons of any  fount y or coundes of this ftate fhould not meet
and organize themfelves at  fuch time and place as- is requir-
ed by this act,  it fhall be lawful for them to  meet at fuch
other time as a majority of them  fhall  tKnk proper,  and
t.eir proceedings  fliall be  as valid as if fuch meeting  had
been at the fame time provided for bydiis act.

  And he it further enacted,  T*at this act fliall be and here-
by is> declared to be a pubi*- act. 
 
        OF THB




MEDICAL SOCIETY



        OF THE



 COUNTY OF NEW-YORK. 
  The  following  gentlerren have been  chofen Charter
Officers of the Medical Society of the county of New-York,
according to t^e act of the Legiflature for their incorpo-
ration.
                    Prefident,
          Dr. NICHOLAS ROMAYNE.
                  Vice-Prefident,
             Dr. JAMES TILLARY.
             Delegate to the State Society,
     The  Hon. Dr.  SAMUEL L. MITCHILL.
                     Cenfors,
          Dr.  JOHN R. B. RODGERS,
          Dr.  WRIGHT POST,
           Dr.  WILLIAM HAMERSLEY,
          Dr.  JAMES S. STRINGHAM,
          Dr.  DAVID HOSACK.
                    Treafurer,
           Dr.  VALENTINE SEAMAN,
                    Secretary,
            Dr. ARCHIBALD BRUCE. 
              BYE-LAWS,

 ENACTED AT THE FIRST  ANNIVERSARY  MEETING OF

        THE  MEDICAL  SOCIETY OF THE COUNTY

                   OF NEW-YORK.


                    CHAPTER I.

             Of the Meetings of the Society.

  Sect. 1. The Anniverfary meeting of this  Society fhall
be held  on the firft  Monday  in  July, in every year, and
the Quarterly meetings fhall be on the firft Monday in Oc-
tober, January, and  April, in every year.

  Sect. 2. Extraordinary meetings of this Society may
be called by the Prefident, or in his abfence by the Vice-
Prefident, at a requeft in writing, figned by twenty  mem-
bers, which meetings fhall be previoufly advertifed  for at 
IS
ieaft ten days, by the fecretary, in two newfpapers publish-
ed in the City of New-York.

  Sect. 3. The Society may adjourn from day to day, af-
ter their Anniverfary, Quarterly or Extraordinary meetings.

  Sect. 4.  Twenty-five members fhall be  a  quorum  to
conftitute the Society at their ftated or extraordinary meet-
ings and may  then proceed to bufinefs.

  Sect. 5.  In the abfence of the Prefident, Vice-Prefident,
Cenfors and  Treafurer, the fenior member on  the Roll
fhall prefide.

   Sect. 6. In cafe of any peftilential difeafe prevailing in
the city of New-York,  no member fhall be  obliged to at-
tend any ftated or extraordinary meeting of the Society.

  Sect. 7.  The Prefident, and other officers of the Socle.
ty,  fhall conftitute a Comitia Minora to  meet on the laft
Wednefday in every month.

  Sect. 8.  The Prefident fhall be empowered to call  an
extraordinary meeting of the Comitia Minora, whenever he
fhall deem it neceffary.

  Sect. 9.   The Journal of the proceedings of the Comi-
tia, Minora fhall be kept by the Secretary of this Society 
                           17

which fhall be laid before the Society at their Stated and
Extraordinary meetings.

  Sect. 10 The Comitia Minora may make rules and  re-
gulations for themselves,  not inconfiftent with the charter
and bye-laws of this corporation.

  Sect.  11.  The Prefident or Vice-Prefident,  together
with three cenfors, may conftitute a meeting of1 the comitia
minora.
                    CHAPTER  II.


                   Order ofBufinefs.

  Sect. 1. At every ftated  and extraordinary meeting  of
this society, the roll fhall  be  called by the fecretary after
the prefident fhall have declared the fociety conftituted.
  Minutes of the laft meeting fhall be read.
  rl he motions and other  unfinifhed bufinefs  of  the laft
meeting fhall be concluded.
  Miscellaneous bufinefs.
  The laft roll called.
  Society adjourned.
                           c 
IS
                   CHAPTER  III.

                 Duties of the Prefident.

   Sect. 1. It fliall be the duty of the prefident" to prefide
at all n;eetings of the fociety and to preferve  order  and de-
corum in the fame.

   Sect. £\ The prefident fhall perform the duties  prefcrib-
ed to him by law,  and the bye-laws and refolutions of the
society.

   Sect. 3. The prefident fhall nominate and appoint all
committees for tranfacting the bufinefs of the fociety, un-
lefs otherwife appointed by fpecial refoiution.

   Sect. 4. He fliall take the sense of the society on every
 motion made and  feconded.  He  fhall  alfo have  a calling
 vote in all tranfactions where the votes of the fociety are
 equally divided.

                     CHAPTER IV.

                Duties of the Vice-Prefdent.
    Sect. 1. The  vice-prefident,  in the abfence of the pre-
  fident, fhall prefide, and perform all the duties of the pre-
  fident. 
                     CHAPTER V.

                  Duties of the Cenfors.

   Sect. 1. The cenfors fliall perform all the duties pres-
cribed by law,  the bye-laws, and refolutions of the society.

   Sect. 2. In the absence of the prefident and vice-prefi-
dent, the senior censor on the lift fliall prefide at the meet-
ings of the fociety.

                    CHAPTER VI.

                 Duties of the Secretary.

   Sect. 1. The seeretary fhall perform all the  duties of
his office, as directed bylaw, the bye-laws and the refolu-
lutions  of the fociety.

                   CHAPTER VII.

                  Duties of the Treafurer.

   Sect.  1. The treafurer fhall perform al! the duties oS
his office,  as directed  by  law, the bye-laws, and refolu-
tions of the fociety. 
20
                  CHAPTER  VIIL

                 Duties of the Delegate.

  Sect.  1.  The Delegate fhall  perform all  the duties
prefcribed by law.

  Sect.  2.  He fhall fupport the honor and dignity of this
fociety.

  Sect.  3.  He fhall  obey all orders, and refolutions  of
this  fociety, which may be proper and confiftent with his
appointment.

                    CHAPTER IX.

                  Ordinary Members.

   Sect. 1. The ordinary members fliall  confift only of
phyficians and furgeons, as ftated in the law for incorpo-
rating this fociety.

   Sect. 2. No  perfon fliall  be a candidate after the firft
of September, unlefs he be a phyfician or furgeon, accord-
ing to the prefent or future laws of the ftate.

   Sect.  3. Any phyfician or furgeon who fhall become a 
21
member of this fociety after the firft of September,  1806,
and fha.ll  abandon his profeffion,  and purfue feme  other
calling, fhall  be confidered as  having  vacated  his  feat
in this fociety.

   Sect.  4. All members of this fociety fliall leave  evidence
with the fecretary, of their having  regillered  their diplo-
mas or hcenfes to practife phyfic and furgery according to
law, to be depofited in  the  archives of the  fociety, and
fhcil fign the bye-laws on or before the firft of September,
1806.

   Sect. 5. Every member  who figns the bye-laws and
regulations of this fociety fliall defignate  in L.itin or Eng-
lifh the county,  Rate or country of his birth,  and the me-
dical rank or ftation now or formerly held by him.

   Sect.  6  Every member fliall  obferve  order and  deco-
rum in the fociety, and fhall pay proper refpe£t to the  prc-
fiue.it and other officers, as well as to their fellow members.

   S ct. 7. It is confidered the duty  of  every member of
this fociety to fupport the honor and dignity of the medical
profeffion,  and  to execute the duties of  it  with juftice
and propriety. 
22
                   CHAPTER X.

               Admiffion of new members.

  Sect. 1.  No  phyfician or furgeon can  be admitted a
me,.nber of thL fociety, unlefs he has attained the age of 22
years.

  Sect. 2.  Every candidate fhall be propofed at one ftat-
ed meeting, and ballotted for  at the next, and  if he fhall
have a majority of votes of the members prefent at  fuch
ftated meeting, he shall become a member of this fociety.

                   CHAPTER XL

                   Honorary Memhers.

  S>?.ct. 1.  The Governor and chancellor of the state, and
the Mayor of the City of New-York  for the  time being,
ehall be, ex officio, honorary members of this  society, and
shall have all the privileges of ordinary members except
that they shall  not vote at elections.

                   CHAPTER  XII.

                   Licenses for Practice.

   Sect. 1.  All perfons who are to be licenfed for the prac- 
23
tice of phyfic and furgery. fhall be recommended by the
comitia minora, at one of the ftated meetings of the fociety,
and shall subject themselves to such ceremonies as the Coaa-
itia Minora shall approve and direct.

                   CHAPTER XIII.

                 Fines a:id Contributions.

   Sect- 1.  A member shall  be fined 25 cents for every
roll call from which he fhall have been abfent.

   Sect. 2.  The annual contributions of each  member of
 this fociety fhall be fixed at 3  dollars,  to be collected by the
 Treafurer  after every anniverfary meeting. 
 
 170
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