94 ESSENTIALS OF VETERINARY LAW 
favor by ‘‘giving’’ him an honorarium. A sur- 
geon was considered to be on a lower plane. 
According to the old common law therefore a sur- 
geon could sue for fees, and be prosecuted for mal- 
practice, but the physician was not liable for mal- 
practice, nor even for manslaughter when his 
patient died,® as a result of his treatment. How- 
ever, if one claimed to be a physician or surgeon 
when he was not, and harm resulted from his 
service, he might be prosecuted criminally for the 
harm done, and sued for civil damages.’° On the 
supposition that his compensation was simply an 
honorarium a physician could not bring action 
therefor." However, the right of physicians and 
surgeons, including veterinarians, to bring action 
to recover for their services has generally been 
recognized by the common law in the United 
States.!? 
73. Illegal Practitioners. Where the law re- 
quires registration, a physician who has failed to 
register cannot recover for professional service 
rendered.!? Where the law requires physicians 
to obtain a license, an unlicensed physician cannot 
recover for services rendered.'* A promise to pay 
one practicing illegally is void. It is a contract 
void in its inception.'® 
sChitty’s Blackstone, III, N. J. L. 60; Judah yv. Me- 
122, note. But see, IV, 197, Namee, 3 Blackf. 269. 
note. 13 Murray v. Williams, 121 
9Chitty’s Blackstone, IV, Ga. 63, 48 S. E. 686. 
197. 14 Orr v. Meek, 111 Ind. 40, 
10 Chitty’s Blackstone, IV, 11N. E. 787. 
197, note. 15 Puckett v. Alexander, 102 
11 Chitty’s Blackstone, 
28, note. 
12Green_ v. 
III, 
Higenbotam, 3 
N. C. 95, 8 8. E. 767, 3 L. RB. 
A. 43; Coyle v. Campbell, 10 
Ga. 570; Underwood v. Scott, 
