1930 Present: Maartensz A. J.

MUTTETUGAMA v. DHARMARATNA.

440-p. C. Kalutara, 36,775.

Apothecary-Permitted to practise medicine- Use of the title " Doctor "-Ordinance No. 26 of 1927, s. 41 (a).

A Government apothecary, who is permitted to practise medicine and surgery under the Medical Ordinance, No. 26 of 1927, commits a breach of section 41 (a) of the Ordinance by using the title " Doctor ".

APPEAL from a conviction by the Police Magistrate of Kalutara.

N.E. Weerasooria, for accused, appellant.

August 6,1930. MAARTENSZ A.J.-

The complaint against the accused in this case is that he described himself as " Doctor ", thereby implying a qualification to practise medicine or surgery by modern scientific methods, implying or tending to the belief that he was a medical practitioner registered under the Ordinance. It has been' established that the accused has not the necessary qualification to make that implication and that he is not a medical practitioner registered under the Ordinance.

Two subsidiary questions were argued in support of the appeal by the accused : (1) that he was entitled to plead autre fois acquit, as he had been