212 



INNKEEPERS, VETERINARY SURGEONS, ETC. 



Distrainor's 

 power of sale 

 by statute. 



Under statute 5 & 6 Will. 4, c. 59, s. 4, requinng the 

 distrainor of any horse (which word " horse " may by 

 section 21 be construed as "horses") to feed it while in the 

 pound, and empowering him, after seven days, to sell any 

 such horse for the expenses, a party distraining several 

 horses may, by a proper exercise of discretion, sell one or 

 more, for the expense of all. And it would seem that he 

 may repeat such sale from time to time as need requires (h). 

 This statute has been repealed. But its provisions have 

 been substantially re-enacted by 12 & 13 Vict. c. 92, 

 except as to the power of sale. And this was restored by 

 17 & 18 Vict. c. 60, s. 1. 



Veterinary Surgeon and Farrier. 



Veterinary Previously to the Veterinary Surgeons Act, 1881, there 



surgeon. -^as no law which applied to veterinary surgeons in par- 



ticular ; and where there was no contract he had to go on 

 a quantum meruit. And an usage to charge for attendance, 

 where there was not much medicine required, was held too 

 uncertain [hh). 



The Eoyal College of Veterinary Surgeons was founded 

 in the year 1791, and received a charter of incorporation in 

 the year 1845. By its charter, veterinary surgery is con- 

 stituted a profession, and the registered members of its body 

 are alone to be recognized as the members of the veterinary 

 profession. Its diploma is granted only to persons who have 

 qualified themselves by a certain educational course tested 

 by examination. In the earlier editions of this work it was 

 suggested that it would be a security to the public against 

 unqualified practitioners, if the legislature were to impose a 

 penalty on persons practising as veterinary surgeons, 

 without possessing a diploma from this or some other duly 

 constituted body. This suggestion is carried out by the 

 Veterinary Surgeons Act, 1881 (44 & 45 Vict. c. 62), 

 which by sections 11, 12, imposes a penalty not exceeding 

 50/., or imprisonment with or without hard labour, for any 

 term not exceeding twelve months, on any person obtaining 

 registration by false representation, or on the registrar for 

 wilful falsification of the register of veterinary surgeons. 

 The Act, by sections 13, 14, further provides for the regis- 

 tration of colonial or foreign practitioners possessing some 

 recognised diploma; by section 16 imposes a penalty of 20/. 



(A) Layton y. Surry, 8 Q. B. 811. (Jih) Lane v. Cotton, 1 Salk. 18 



