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Wanganui Chronicle AND PATEA-RANGITIKEI ADVERTISER. "NULLA DIES SINE LINEA." TUESDAY, MARCH 1, 1881.

During the last session of Parliament there was passed a much-needed measure entitled " The Dentists Act, 1880," which provides, amongst other things, for the registration of persons practising the art of dentistry. One j class of persons entitled to be regis- j tered are those "At the passing of this Act bond fide engaged in the practice of dentistry or dental surgery, either separately or in conjunction with the practice of medicine, surgery, or pharmacy." The register is to be kept by the Eegis-trar-G-eneral. A few days ago a person in "Wellington applied for registration under the above qualification — that he was in practice at the time the Act was passed. The Regis-trar-General thereupon replied as follows : — "I regret that owing to a provision in the 10th section of the Act I am unable to effect the registration as required. Part of the 10th- section is as follows : — ' Provided that a person shall not be registered under this Act as having been at the passing thereof engaged in the practise of dentistry, unless he produces or hands to the Registrar before the first day of June, one thousand eight hundred ana eighty-one, information of his name and address, and a declaration signed by him, &c.' The first portion of the section provides for the registration being effected by the Registrar-General, but no explanation is given in the Act as to who is meant by the term Registrar, and the Law Officer advises that the term Registrar and Registrar General cannot be read as inter-change-able terms. Therefore, as there is no Registrar to whom the information can be sent, the RegistrarGeneral is prohibited from registration. Probably the intention of the Act was that there should be no separate officer, only the Registrar-General, and the word ' General ' was omitted in error. On the other hand, the 17th section uses the term ' Any Registrar,' thus involving the intention in doubt." We do not very well see how the Registrar-General could have gone contrary to the advice of the Law Officer after once seeking it, but we have the temerity to express an opinion altogether at variance with the ruling of that high authority. By the 18th and following sections the duties of Registrar are plainly imposed on the Registrar-General and no one else. He is to keep in his office " a book, in which shall be inserted the names and residences of all persons registered under this Act, which book is referred to herein as the 'Register,' or 'Dentists' Register.' " He is to issue certificates of registration. He is to keep the register correct by erasing the names of all registered persons who shall have died, and by making necessary alterations in the addresses of the registered persons. He. is once a year to certify to a true jjppy of the register, which is to be irpublished in the New Zealand Gazette. He is to receive the appointed fees, namely, for application, certificate, alterations, and inspection. The whole of the work of registration is placed in his hands, and no orie else has anything to do with it. The 1 7th section referred to in the above quoted letter is as. follows : — " Any, Registrar who wilfully makes or causes to be made any falsification in any matter relating to any register under this Act,. shall be liable to be imprisoned' •f.or any term not exceeding twelve ftapiths." £0 whom, can this, apply but the only person having charge of the register gud the only person, autho-

rised to make the entries — the Registrar de facto ? The word Registrar is used nowhere else in the Act but in those two places, namely, in the 10th section (the first part of which provides for application being made to the Registrar - General) and the 17th section which we have just quoted. It is just possible that the case may not have been fully put before the Law Officer, but we are satisfied that this Dentists Act is not one that is inoperative because no reasonable interpretation can be put on some of its provisions. There is no fatal defect or omission in the wording, and no contradiction. The fact of the Registrar-General declining to carry out the provisions of the Act may before long cause some trouble to practitioners. After the first of next June no unregistered person, except a legally qualified medical man, can take or use the title of " dentist (either alone or in combination with other words) or of dental practitioner, or any name, title, addition, or description implying that he is registered under this Act, or that he is a person specially qualified to practice dentistry," If he does he will be liable to a penalty not exceeding twenty pounds ; and no unregistered person, except a duly qualified medical man, will after the first of June be able- to recover any fee or charge for dental operation, advice, or attendance. If, therefore, the Law Officer be right in his opinion, a large majority of the dentists of the colony will in three months from now be almost debarred from carrying on their business. We suppose, however, that an amendment in the Act during the next session of Parliament will set the difficulty at rest. Although we believe that the Supreme Court would interpret the Statute as we have done, the Legislature is to blame for the loose wording which escaped notice at the time, and is now causing trouble. It is only one case out of many hundreds which could be adduced, and shows the necessity for a careful final inspection of bills by competent persons before the assent of the Governor is given. It is quite clear that under the present system serious inconvenience might arise to the public. Indeed it not unfrequently does arise, and the New Zealand Statute Book bears far too many marks of hasty and faulty legislation.

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Permanent link to this item

https://paperspast.natlib.govt.nz/newspapers/WC18810301.2.5

Bibliographic details

Wanganui Chronicle, Volume XXIII, Issue 9347, 1 March 1881, Page 2

Word Count
993

Wanganui Chronicle AND PATEA-RANGITIKEI ADVERTISER. "NULLA DIES SINE LINEA." TUESDAY, MARCH 1, 1881. Wanganui Chronicle, Volume XXIII, Issue 9347, 1 March 1881, Page 2

Wanganui Chronicle AND PATEA-RANGITIKEI ADVERTISER. "NULLA DIES SINE LINEA." TUESDAY, MARCH 1, 1881. Wanganui Chronicle, Volume XXIII, Issue 9347, 1 March 1881, Page 2