The Express.
London, England, 1863-05-01 00:00:00

COURT OF EXCREQUER.—Apan, 30.

Bitting In Itsnoo.—(Before Lord Chief Baron Pollock and
Barons Martin, Bramwell, and Wilde.)
GIBBON V. BODD.—PETNICIANti. TIM.

This weaanactioa* nee— a---claim for medical advice,
attendance, and medicine, tried before Mr. Baron Bramwell
at Guildhall, when the jury returned • verdict for the
plaintiff. Subsequently Mr. Lush, 14.0., obtained a rule to
to set aside the verdict and to enter a nonsuit, and it
now came on for argument. The jury found that
the plaintiff bad attended the patient in the chancier
and capacity of physician, sad the important question raised
for the opinion of the court was whether a physician could,
nadir the Medical Practitioneis Act, 21 and 22 Victoria,
nu. 90, recover his professional fees. The prin-
cipal authority upon the point previous to the
passing of this act was " Veitch v. Russell," in
which the Court of Queen's Bench held in 180 that a
physician had in general no legal right of settee for his fees,
but he might have it by a special contract.
Mr. Cole, in ,showing cause against the rule on the part
of the plaintiff, contended that the act in questioa had ex-
pressly given a physician the right to recover his fees.
Mr. Lush and Dowdeewell having been heard on the
other side,
The Lord Chief Baron said that all the members of the
court were of opinion that the rule should be discharged.
The proviso to chum 31 put an end in his mind to all
doubt about the true cocaine:Sion of the clause itself, be-
cause it said that all persons registered under
the act should be entitled according to his qua-
lifications to practise medicine or surgery, or medi-
cine and surgery, and to demand and recover in an court of
law reasonable charges for professional aid, advice, and
visits, sad the cost of medicines. Then, with respect to
physicians, it said that it should be lawful for the College of
Physicians to par a bye-law to the effect that no one of
their fellows or member, should be entitled to rue in the
manner aforesaid in a court of law, and thei such bye-law
might be pleaded aa a bar to an action. That seemed to
mean that whereas heretofore there wee a doubt about the
right of a physician to recover his fees, it should now be
the law that he might recover them, but, severtheless, the
College of Physicians, if they desired to preserve that
sort of dignity which was secured by irot practising except
for some supposed honorarium might pass a bye-law
for the purpose. Formerly, the presumption was that
the services of • physician were honorary sod gratuitous,
at least so far that he could not make • legal claim for pay-
ment ; but now it was the other way, end a physician prac-
tising, without making • distinct arrangement that he we
ant to be paid, was entitled to be paid and to recover his
claim, unless he were restrained by a bye-Law of the Goa-
lies of Physicians. He therefore thought the plaintiff was
entitled to recover.

7iir71311;0;1 llortin and Mr. Baron Bramwell having ex-
pressed a similar opinion,
The rule was dime
Mr. Baron WildehrAtt the court to attend chambers
before the cam came on for argument.

COURT OF PROBATE AND DIVORCE.
Aran. 30.
(Wore the Judge Onkaary.)

WILL! (BY RIB lATB131) Y. WILL! AID

The Queen's Advocate and Mr: iiiaveley Hill for the peti-
tioner ; Dr. Spinks and Mr. Searle for the respondent ; Dr.
Deane, Q.C., and Dr. Wambey for the oo-
On the 18th of August, 1850, Charlimigramseartrit:t a
student at St. Bartholomew's, and the son of • le
warehousemen in the City, married Ida Fanny 'filth.,
a young woman who had been an entrain at Burp St.
Edmunds and at Gravesend, bat who was at that tune a
bar woman in the Haymarket. Although the petitioner
had stated himself to be of fa age be was
in fact then only eighteen, and the marriage
was wholly without the cognizance of his friends. The
parties cohabited for some months—(lost, at the defendant's
mother's, in Barbican, and afterwards in lodgings in the
eity.road. According to the evidence they were on the roost
affectionate term. ; and the landlord of the lodgings stated
that the only fault he had to God with them was, that
they were " too playful together." (Laughter.)
The on-respondent, Silberred, AS a merchant, in partner-
ship with his father, at No. 5, Harp.lans, Tower-street;
and it was alleged that in the summer of 1861 the respon-
dent used to visit him three times • week, after Mr. FBl-
bend, sea., had gone away for the night. She would stay
with him for two hour., sad then they would go away to-
gether.
On the 4th of July the petitioner was watching the office
in Harp-lane, in company with two men named Terry and
Hale, who had been employed by his mother for that pur-
pose. There was a skylight, and the petitioner and Terry,
having got on the roof by means of • ladder, were withers'
of the proceedings of the respondenta while they were hold-
ing one of their interviews. Terry deposed to having posi-
tively seen • criminal act. The parties were at terwsrds
surprised together, and charged with the offence.
Mrs. Willa. men., who was also present at thin
part of the transaction, implored Mr. Silberrad
to acknowledge his guilt, bet he said, " IL•darn,
I confess nothing." Terry likewise stated that be bad
subsequently seen the respondent accompanying men to
questionable places of resort. After her detection her hus-
band aspirated from her, and she obtained • situation aa
governess- Several letters were put in, expreesing her deep
regret at what had occurred, and entreating forgiveness
The petitioner claimed MB!. as damages from the co-re-
spondent.
The defence was a denial, coupled with several recrimi-
natory pleas, but no evidence wee tendered in support of
them.

Dr. Spinks having addressed the court for the respondent,
Sir B. Phillimore replied, strongly censuring the practice
of placing sasedslous pleas on the record white there wail
DO shadow of pretence for them.
Sir C. Crewmen, in summing up, exprmard his concur-
rence in these remarks.

The jury found a verdict for the petitioner, with a
farthing damages.
Decree Mai with coat a.