326 LACK OF ISOLATION ACCOMMODATION IN THE .

make it an extremely difficult and anxious task for Mr. Walton said their lordships would see that any inspector to take the responsibility of bringing although the amount in this case was small it was meat before the magistrates. This was a very im- a question of great importance. There should be portant question to Corporations. Were these some protection for the inspector, who was dis- meat salesmen entitled to throw this carcass upon charging his duties impartially. He contended the hands of the Corporation ? He submitted they that the damage recoverable under the Act did not were not. And, further, that the Corporation include costs incurred. could not he made to pay the claimants' costs of The Master of the Roils : What you have got to appearing before the magistrates and opposing the show is that a man is not entitled to the reasonable application for condemnation. costs he has sustained in defending his property. Mr. Justice Wills, in giving judgment, said that Mr. Walton contended that if the costs were to on the first point he decided in favour of the be given at all they should be given by the magis- Corporation. Simply because condemnation did trate who heard the case, and not by the arbitrator not follow the seizure of the meat, the butcher had appointed to assess the damage under the Act. no right to say he would not take it back for what The Master of the Roils, without calling upon it was worth. It did not cease to be his property, the respondent, said they were bound to read and the Corporation had no right to do anything section io8 inks ordinary sense. That provided with it. The meat was worth as much in his hands that where any person sustained any damage by as in any other hands. As to the point whether reason of the exercise of any of the powers under the salesman was entitled to costs of opposing the that Act, full compensation should be made to application for condemnation, it was clear he was such person. The costs in this case were expenses so entitled. The Corporation in the discharge of to which he had been put by the action of the its duty to the public had to run the risks of in- inspector, and he was therefore entitled to have them. curring these costs. Therefore the decision of the Lords Justices Barry and the jury concurred. arbitrators must stand for the smaller sum in re- The appeal was accordingly dismissed with costs. spect of the seizure, but for the full sum for costs. Mr. Justice Charles delivered a similar judgment. THE LACK OF ISOLATION ACCOMMO- COURT OF Alq'EAL,--Before the MASTER of the DATION IN THE RURAL DISTRICTS ROLLS and Lords Justices BOWEN and I~AY.-- OF THE ISLE OF WIGHT. ~ Res~ansibiIily as to meat seized b~,sanitary fnsl)ectar By JOSEI'H GROVES, B.A., M.B.Lond., Medical Ot~cer of and not subsequently condemned by t~e justice. Health. This was an appeal by the Mayor, aldermen, UNDER present conditions, it is often difficult to and burgesses of Birkenhead from the judgment secure efficient and prolonged isolation of those o~" Mr. Justice Wills and Mr. Justice Charles on a suffering from infectious diseases, more particularly ~pecial case. in cases of scarlatina. In this affection the patient Mr. Joseph Walton, Q.C., and Mr. Taylor is apparently well weeks before he ceases to be represented the applicants, and Mr. Poland, Q.C., poisonous, and it is not surprising therefore that and Mr. Macmorran apl:eared for the respondents. vigilance is relaxed, especially in poor homes. The Mr. Walton said the question arose in respect of time during which the poison may be transmitted certain proceedings taken by the meat inspector of varies, but in your district the period adopted as the Birkenhead Corporation under section i ~ 7 of the minimum isolation period in scarlatina is six the PuNic Health Act, ~875. In this ease the weeks from the commencement of the fever. Even inspector had seized a carcass belonging to the after such term the disease has been transferred in respondents and brought it before a justice, but rare cases, although no trace of desquamation had the justice declined to make an order for its been observed with the naked eye for eight or destruction. The respondents then made a claim ten days. A girl sent to her home trom an isola- for compensation under the Act for the damage tion hospital on the mainland, admirably adminis- they had suffered from the proceedings of the in- tered, infected the whole family, presumably be- spector. The question then arose as to whether cause hers was one of those cases in which the the respondents were entitled to have allowed poison lingers in the system. That the spread of them certain costs that they had incurred in appear- scarlatina after notification should have been so ing before the justice. The Divisional Court limited is remarkable. There were instances in found they were entitled to have such costs. The which the disease was confined to one member of question now was whether it was right. His con- a small cottage household, notwithstanding that tention was that they were not entitled to such the mother nursed the case, and at the same time ¢;osts. attended to her other children, and washed their Mr. Walton : Yes, my lord ; it was open, and clothes, and prepared the food of the family. I has to be decided. have observed that this immunity has been asso- Lold Justice Bowen : Yes, but the proof is on ciated, usually, with the practice of bathing the him. It is very hard legislation. * F~om Dr. Grove~' Annual Report for I892. REPORTS OF MEDICAL OFFICERS OF HEALTH. 317 patient night and morning. On the other hand Your authority hoped to establish this second there were cases in connection with which all went hospital in conjunction with the Local Boards of well for three or four weeks, when either from East and West , and the Corporation of the weariness, or over confidence, or on account of Borough of Newport; but as the West Cowes the restle~snes~ of the child, laxity supervened, and Local Board have decided to make separate provi.- as a result the disease was communicated to the sion, and as will probably join them~ other children. you must act alone, or come to an agreement with By the resolutionofyour authority some years ago the Sanitary Authority of Newport to establish a "that further provision of a more permanent joint isolation hospital. As sanitary advance is so character shall be made for the isolation of infec- often hindered by the undue prominence given to tious disease," you are committed to the principle some matter of detail, I may say you would not of an isolation hospital. Your Committee, report- necessarily allocate the two hospitals to particular ing upon my annual report for the year I39I, sections of your district, but that each would be said :- available for any section as may be convenient at The question of isolation in cases of infectious disease the time. An isolation hospital is a place provided remains m the same position ; they have no further recom- by the community for its own protection, in which mendation to make. it may isolate a poison which threatens its well- In reporting upon the report for I89o they being, and to do which it would be more sensible say :- to make payment than to exact it. The Committee have considered 1he reference to an isolation hospital. The difficulties are great and well known to the authority. The committee do not make any further recommendaqon, remembering the very lengthy considera- REPORTS OF MEDICAL OFFICERS Ot~ tion already given to the subject, and the hitherto insur- HEALTH. mountable difficulty in coming to a joint arrangement with the urban authorities. MILE END. The Committee of the County Council ap- Dr. Thos. Taylor, in his annual report for t89~, pointed to consider and report upon the annual makes the following remarks on the question of reports of medical officers of health, in their report out-workers :-- as to the annual report of the Medical Officer of Outworkers.--In October last an order was Health of the Isle of Wight Rural Sanitary District issued by the Local Government Board to all for the year ~89r , remarked that :- sanitary authorities in the metropolis, stating that No means of isolating cases of infectious diseases are provided by the authority. The authority is probably one it was their duty to find out and frequently visit of the most important rural authorities in . It is a the homes of out-workers, that is, all persons wh~ matter for surprise that no such provision has hitherto been take work from their employers home to complete. made. This order will entail much more work than at first You have in the past discussed the practicability sight appears, and will vary very much in different of establishing one hospital in conjunction with parishes. The method which I have adoped to the urban sanitary authorities in some central find out these out-workers is by the inspector.s position ; but, after reconsidering the whole subject serving notices on all likely persons who give out- during the past year, you concluded that it would work in our district ~ these employers are bound be more advantageous to build two such hospitals, to filI special forms with the names and addresses one for each Medene. With this end in view a of all their out-workers, and post the same in a Committee of your authority, upon the invitation conspicuous place in their workshop. In our own of the Local Board, met delegates from district we have already found a large number of that Board and from the Local Boards of cases where the employer lives in our district and and . You accepted the recommenda- the employee in another sanitary district. No pro. tions of the meeting, that an isolation hospital vision is made in the order for this condition of containing not less than sixteen beds, four for each things, but I take it, and am working on the as- authority, should be established in the neighbour- sumption that it is our duty to bring to the notice hood of Apse Heath or ~ that each of any other vestry the names and addresses of authority should contribute one-fourth of the cost any employees who may live in their district, but of the building~which was limited to the sum of who get their work from an employer in our dis- .£e,ooo and the site~and one-fourth of the up- trict. We have also found that a large number of keep; and that if at any time either authority persons are scattered all over the hamlet who are required more than the four beds allotted to it, out-workers in our district, their homes will have there being unoccupied beds in the hospital, they to be frequently visited as per the order. To what should pay to the general fund such sum as may extent this frequent visiting of these places wilt be determined by the joint committee for the use interfere with our ordinary routine work it is diffi- of the extra beds. If the other authorities have cult as yet to estimate. I am afrlid it will need adopted this proposed general agreement, as you much time and attention, as a large number of our have done, there only remains to carry it out. population are employed as out-workers by City