The sum forfeited is recoverable with costs. The procedure in reference to all penalties is regulated by Act of 1886, c. 82.
Persons liable as provided in secs. 29 and 30 are not entitled to or subject to the provisions of any act for the relief of debtors (Act 1882, c. 30, s. 4).
On the trial of such cause, the burden of proof as to license or right to practise is upon the defendant (Act 1881, c. 19, s. 31; Act 1886, c. 82, s. 3).
Fraudulent Registration.—Wilfully procuring or attempting to procure registration by making or producing, or causing to be made or produced, a false or fraudulent representation or declaration, or aiding or assisting therein, is punishable with a forfeiture of not less than $100 (Act 1881, c. 19, s. 33).
Wilfully or falsely pretending to be or using any name or description implying registration is punishable with a forfeiture of from $50 to $100 (ib., s. 34).
Limitations.—No prosecution can be commenced under the act after one year from the date of the offence (Act 1886, c. 82, s. 4).
Exceptions.—The act does not prevent persons from giving the necessary medical or surgical aid or attendance to any one in urgent need of it, provided it be without gain, and the giving of it be not made a business or way of gaining a livelihood; nor does it prevent any woman from giving the necessary aid in cases of confinement as heretofore accustomed (Act 1881, c. 19, s. 36).
Examination.—All persons who subsequent to the passage of the act pass the examination prescribed by the council of physicians and surgeons, or presenting approved credentials, certificates, or diplomas equivalent to such examination, are entitled to register and receive a license to practise (ib., s. 38).
Physicians in Army or Navy.—A person while employed in actual service in Her Majesty’s naval or military service as a physician or surgeon, may practise physic, surgery, or midwifery with registry or license (ib., s. 39).
Non-Residents.—Non-resident registered practitioners of medicine residing in the State of Maine or in the Province of Quebec or Nova Scotia near the boundary line of this province whose regular practice extends into any town, parish, or county in New Brunswick may register under the act (ib., s. 44).