Law Reports.

BRIEF NOTES OF USEFUL CASES.

BOROUGH FUNDS ACT.

1878. A. G. v. Brecon, Mayor.-Municipal Corporations Act, 1835, Sect. 92.-Bill promoted by a Market Company which infringed on the Statutory privileges of the Corporation.-Held, that both under the Act of 1835 and under the general law authorising trustees to employ Trust funds in defence of their property, the Corporation were justified in the action they took to resist the passing of the Market Bill. The Borough Funds Act, 1872, Sect. 4, does not take away previously existing powers. (48 L.J., Ch., 153; L.R., 10 Ch. D., 204; 40 L.T., 52.)

CONTRACT WITH A CORPORATION.

1878. Ellis v. Aberystwith, Mayor.-Action by Con. tractor against a Corporation for labour and materials provided for street paving. Rise in price of materials, and contract completed at a loss.-Verdict for the defendant Corporation on the ground that they had not consented to any release of the contract terms. (Times, June 25, 1878.)

POLLUTION of Water.

1878. Glossop v. Heston Q.B.-A witness giving evidence by affidavit may supplement orally his evidence in chief if he is in court unless the agreement between the parties that the evidence shall be taken by affidavit says by affidavit only.' (47 L.J., Ch., 536; 26 W.R., 433.) RATING OF WATERWORKS.

1878. Leicester Waterworks Co. v. Barrow Union.Poor Rate Appeal.-Agreement for an Arbitration.-Costs awarded against the present defendants.-Held nevertheless that an Assessment Committee being unincorporated merely a select body of guardians cannot be sued as a committee, neither are the members personally liable for acts quâ members. (48 L.J., M.C. 41; 39 L.T., 624; [Q. v. Nuttall] L. R., 4 Q.B.D., 18.)

DUTY OF LANDLORD TO PAY FOR DRAINS. 1878. Rawlins v. Biggs.-Covenant by tenant to pay all Rates, Charges, Assessments, and Impositions.' Notice by local authority on landlord to make drains, which he did.--Held that he could not recover the outlay from his tenant, as the charge was imposed by the Public Health Act, 1875, not on the premises but on the landlord personally. (47 L.J., C.P., 487; L.R., 3 C.P.D., 368; 42 J.P., 791.)

ARBITRATION UNDER THE PUBLIC HEALTH ACT.

1878. Rayner, Ex parte.-Compulsory purchase of Land under the Lands Clauses Act, 1845.-Arbitration under the Public Health Act, 1875, Sect. 176.-Award silent as to Costs.-Landowner held entitled to his Costs notwithstanding the Public Health Act, 1875, Sect. 180.The procedure in such cases is wholly governed by the first-named Act. (47 L.J., Q.B., 660; L.R., 3 Q.B.D., 446; 42 J.P., 807.)

NOTICE TO TAKE LAND FOR SEWER. 1878. Reg. v. Darlington Corporation.-Proposed purchase of Land for Sewer.-Notice to take compulsorily. -Arbitration.-Award.-Mandamus to Corporation to take up Award.-Return, that the notice to treat had been revoked, and that all subsequent proceedings had been under protest.-Application for a Rule to take this return off the file as untrue and no answer, discharged with Costs. (Times, May 17 and June 8, 1878.) RATES.

1867. Reg. v. Kent 77.-17 Geo. II., Cap. 38, Sect. 7.-An Appellant against a Distress Warrant for non-payment of a Rate cannot go into matters which might have been matters of appeal to the Sessions against the Rate itself. (16 L.T., 673.)

DEFINITION OF OWNER.

1878. Reg. v. Lee.-Metropolitan Building Act, 1855, 18 & 19 Vict., Cap. 122.-Church in dangerously dilapidated state. Certain urgent repairs executed by the Local Authority, who thereupon sought to recover from the Incumbent, as being the Owner' within the Statute.Mandamus to Magistrate to issue a Distress Warrant for the expenses refused, for the Incumbent had no such beneficial interest in the fabric as to make him an Owner' within the Statute. (48 L.J., M.C., 22; L.R., 4 Q.B.D., 75; 39 L.T., 605.)

ELECTION TO A BOARD.

1878. Reg. v. Turmine, In Re.-Education Act, 1870, Sect. 12.-Member becoming disqualified from neglecting to attend for six months.-Resulting Vacancy filled up.Same person elected again on another Vacancy.-Quo Warranto to question the Validity of his re-election refused, it being clear that no perpetual disqualification attached to a man disqualified once merely by efflux of time, but reelected. (48 L.J., Q.B., 5; L.R., 4 Q.B., 79; 43 J.P., 6.)

'PREJUDICE TO PURCHASER.'

HOYLE (APPELLANT) AND HITCHMAN (RESPONDENT).

The appellant is inspector of nuisances for the district of St. Giles's, and the respondent is a dairyman carrying on business in Commercial Street, Bloomsbury. The inspector called at his shop and asked for half a pint of milk, for which he paid three halfpence of the money belonging to the district board, and for which he had to account. He then informed the respondent that he had bought the milk with the view of having it analysed under the Sale of Food and Drugs Act (38 & 39 Vict., cap. 63), by a public analyst, and in accordance with the provisions of the statute he divided the milk into three quantities-one of which he handed to the dealer, another he retained, and the third portion he sent to be analysed. It was found by the analysis that the milk was adulterated to the extent of 76 per cent. of milk and 24 of water. On that the respondent was summoned under the 6th Section of the Act, by which it is provided that no person shall sell to the prejudice of the purchaser any article of food or any drug which is not of the nature and substance of such article demanded by the purchaser, under a penalty not exceeding 207.' The matter came before Sir James Ingham, the chief magistrate at Bow Street, who dismissed the summons, on the ground that the offence was not complete, because the money paid for the milk was not the property of the purchaser, and therefore he was not 'prejudiced' within the meaning of the Mr. Justice Mellor, in giving judgment, said the Court statute. Against this decision was the present appeal. were of opinion that if the prejudice contemplated by the Act was to be regarded as one of a pecuniary nature, it would destroy the effect of a most salutary enactment, which was not intended to limit its operations to the admixture of deleterious matter, but was meant to prevent the sale of articles containing any foreign admixture. It was not, in the opinion of the Court, the intention of the Legislature to confine the person complaining to a private customer, and the public officer could not be precluded from prosecuting an offending party under the Act. The case would therefore be remitted to the magistrate with the view that he should give effect to the judgment of the Court by inflicting such a fine on the respondent as he deemed fit. Mr. Justice Lush concurred, observing that the differences of opinion which unfortunately prevailed as to the construction of the Act, which was a most beneficial one, tended to cripple its operation. Judgment was accordingly given for the appellant.

Legal Notes and Queries.

SINGULAR CLAIM ON A SANITARY AUTHORITY.

MR. YOUNG, of the South Farm, near Blyth, has made a claim of 20%. on the Tynemouth Rural Sanitary Authority, being the value of a cow which he states has died from drinking the sewage running through an open drain, the joint property of the Tynemouth authority and the Cowpen local board. A joint committee of the two authorities have arranged to meet to consider the claim.

THE SCOTCH PUBLIC HEALTH ACT.

A BILL of Dr. Cameron's proposes to enable a Scotch local authority to resolve upon enlarging or limiting the boundaries of any special drainage district or special watersupply district within its district, or upon confining two or more such districts or portions thereof. Before meeting to consider the propriety of any such proposed alteration of boundaries, the local authority would have to receive the requisition of at least ten of the inhabitants of the district, but upon receiving such a requisition they would be bound to hold a meeting. The decision of the local authority would be subject to review in the same way as resolutions for the formation of special districts are under the Scotch Public Health Act of 1867.

THE PUBLIC HEALTH AMENDMENT BILL.

exemp

THE Town Council of Hanley have called attention to a clause in the Public Health Amendment Bill now before Parliament, which provides that all expenses connected with sewers, including first costs, interest, and repayments of loans, maintenance and cleansing, are to be entirely removed from the general district rate, a special sewer rate leviable upon houses only being substituted. The tions from liability to pay sewer rates will include, should this clause become law-(1), land, railways, and canals, now rated at one-fourth; (2), premises situated at a greater distance than 50 yards from a sewer belonging to the local board, although connected by a private drain with such sewers; and (3), premises other than houses, though connected with the sewers and receiving direct benefit from them. The Town Council of Hanley, in the circular issued by their clerk, point out that the effect of these large exemptions will be to greatly increase the burden upon the occupiers of houses, and that such a special sewer rate as that proposed will involve very complicated assessments, and cause innumerable disputes as to the liability or nonliability of premises to be rated. As the measure has passed its second reading in the House of Commons there is no time to be lost if local authorities desire to oppose the passing of the objectionable clause.

Reviews.

Our Canal Population. By GEORGE SMITH, F.S.A.
New Edition. London Houghton & Co.
The Law Relating to Canal Boats used as Dwellings. By
J. B. HUTCHINS. London : Knight & Co. Pp. 60.
1878.

AT the time of its first appearance we reviewed Mr. Smith's interesting book at some length (Vol. IV., p. 288). We have now only to record that to the matter contained in the first edition the unwearied friend of the canal boatman has added a description full of rugged eloquence of the agitation which eventuated in the passing of the Canal Boats Act of 1877. Of this Act Mr. Smith gives a copy, but curiously enough he does not reproduce the regulations made by the Local Government Board under

the Act. This omission Mr. Hutchins' little book supplies. Mr. Hutchins has placed together in a cover some more or less appropriate observations of his own, with copious extracts from the reports of the Factory Commissioners relating to canal boats, a copy of the Act of Parliament, of the orders of the Local Government Board of March 20 and May 17, 1878, and of the Board's circular letter of July 22 last. The result is a handy pocket volume of 60 small octavo pages, for which the preposterous sum of half-a-crown is charged.

Our High Death-rate and its Insanitary Causes. By JAMES DUTHIE. Pp. 16. London: Simpkin, Marshall & Co.

MR. DUTHIE's remarks appear to be intended to refer principally to Preston, where he lives, but his suggestions are equally applicable to other large towns. There is nothing novel in his opinions as to the causes of high death-rates; but his advocacy of a sanitary association to teach the wives of artisans a proper knowledge of household matters deserves attention.

Correspondence.

All communications must bear the signature of the writer, not necessarily for publication.

FEVER TRUE BRED.'

(To the Editor of the SANITARY RECORD.) SIR,-In quoting some remarks in the RECORD from changeability of enteric and scarlet fevers and diphtheria, Mr. Leonard Armstrong's report on the mutual interyou seem rather to question the accuracy of Mr. Armstrong's views. I do not know what may be the general opinion on this matter of those who have had most opportunities for forming one; possibly it is represented by your own negative position. But so far as that of a single individual is concerned, I can only say that I am convinced that the view taken by Mr. Armstrong is the correct one, so far as possibilities are concerned, though not as representing the general rule. If by the phrase that fevers generally intended) that a specific form of fever must 'breed true,' it be intended to imply (as no doubt is

always have arisen from one of a similar type of character and intensity, all that I can say is, that in my experiencethe exceptions to are as numerous as the coincidences with the rule. The great law of evolution holds good in this, as in other cases of organic development, and variations of soil and physical conditions will develop the same germ sometimes in one direction sometimes in another, though marked variations of breed are scarcely to be expected, except where the conditions are extreme in their nature.

Whilst cordially agreeing with you as to the inadvisability of dogmatising on this subject in the present state of our knowledge, it is unquestionably desirable that the opinions of those who have had opportunities for observing disease under varied conditions should be stated, as Mr. Armstrong has done, and this is my excuse for adding my mite to his.

I may also, while writing, say that my own experience quite corroborates the opinion indicated in the very interesting communication by Dr. Domenichetti, in the same number of the SANITARY RECORD, as to the probable spontaneous origin of scarlet fever in many cases; at least, if this be not the case in fact, one can only act as if it were in practice, since in a number of cases in rural districts it is often scarcely possible to see how specific infection could have originated the mischief, short of claiming for it a power of vitality and migration which, if conceded, would render the practice of disinfection practically hopeless. FRANCIS T. BOND, M.D. Gloucester, March 26, 1879.

DOUBTFUL ORIGIN OF SCARLATINA.

(To the Editor of the SANITARY RECORD.) SIR,-Having read the letter under the above heading in your issue of March 21, I think the following extract suggests the more probable origin of the two cases of outbreak of scarlatina to which your correspondent refers.

The extract will be found at page 384 of the Nineteenth Century for 1877 (The Abolition of Zymotic Disease. By Sir Thomas Watson, Bart., M.D.')

'In 1835 a child took small-pox in the country under circumstances which seemed to exclude all suspicion of contagion. She had never left the house for several weeks, the few neighbours who had called were free from sickness, and no small-pox existed in the neighbourhood.

'During her convalescence a looking-glass was put into her hands, when she said immediately, "My face is exactly like that of the child at the door from whom I bought the beads." On inquiry it was found that some pedlars had passed through the village, and that the child, though she had never left the house, had been to the door.'

At page 394 of same review, Sir Thomas Watson states that the late Sir James Simpson, in writing upon small-pox, expressed the following opinion :

'He could no more expect this known species or poison to originate de novo at the present day, under any combination of circumstances, than we could expect a known species of animal or plant, as a dog or a hawthorn, to spring up de novo without antecedent parentage.'

As regards the opinion upon the point in question of Sir Thomas Watson himself, it is expressed (page 381) in the following words :

'That the diseases of which I am treating are all of them contagious, and have now no other origin than contagion; that they never spring up, in our time, de novothese are the main points which in this paper I shall endeavour to prove.' J. G. BARRY.

THE LOWER THAMES VALLEY DRAINAGE. (To the Editor of the SANITARY RECORD.) SIR,-Much misconception seems to exist with yourself and others in respect to the disposal of the sewage of the Thames Valley District. Most persons are agreed that it is the summit of folly to pour the sewage into the Thames. But few, for want perhaps of precise knowledge of the subject, denounce the equally pernicious practice of putting sewage into the sea. Both acts, in my opinion, deserve to be condemned. The foul matter contained in sewage is not likely to be disengaged or destroyed by mere contact with sea water, for sewage water and sea water never chemically combine. The result then is, as the condition of the Thames for a long time past has shown, that by favouring conditions of wind and tide the solid but disintegrated particles of sewage are deposited where tide and wind direct, or attraction favours. It appears to me, therefore, the very height of absurdity to pour diseasegiving product of any kind into river or sea, for no sooner do the particles subside and coalesce, as in the Thames, than fermentation is reproduced, and the gas evolved rises through the water to permeate the air. We hear then of the foul air of large towns, and of such absurdities as chimneys 600 feet high to carry off sewer emanations that are never likely to enter such chimneys to any extent. The only alternative to this folly that many arrive at is a sewage farm. I venture to dissent absolutely and entirely from the opinion of the ability of a sewage farm of any reasonable extent to absorb such a quantity of liquid, in certain seasons especially, as the sewage of the Thames Valley amounts to.

The arguments against a sewage farm as the sole means of getting rid of sewage are so strong that before long a farm will not be relied on except by those whose misappreciation of anything better surpasses their prejudice. Thought and study of the subject have long convinced me that by the process I have patented the disposal of sewage

can be guaranteed with infinitely less demand on the pockets of ratepayers.

A gentleman who has authority over the conservancy of rivers has critically examined my process, and done me the honour to pass a high eulogium upon it for its perfect originality. I hope therefore soon to be able to submit it to the criticism of the medical and general press, and do not doubt I shall be able to show it is the most efficient, the most economical, and the most profitable of any that has hitherto been used. But just as a crippled dog requires a helping hand to get him over a stile, so will my process require, and I think deserve, the aid of combination to enable it to do the good which I fearlessly say it can. W. HEMPSON DENHAM.

Southsea, Portsmouth, March 24, 1879.

and is trapped above the floor line. As will be seen, the inlet and outlet of the trap are central with the basin; it it readily and cheaply fixed, and can be used to replace existing closets with little expense. The perfect manner in which the closet is trapped, added to the fact that it is narrowest at the inlet, renders stoppage improbable. At the apex of the trap a deodorising chamber is provided, to be filled with charcoal, with an outlet for ventilation to the external air A. The closet is free from any spaces where soil can lodge or accumulate, and the soilable area of the closet is very small, while the flushing appliance is of the best kind, the whole force of the water being concentrated where most required. After use, the whole of the water, soil, etc., passes entirely out of sight. One of the advantages of this appliance is that it has no metal working parts to corrode or get out of order. The watersupply can be from a cistern, direct from the main, or from any of the water-waste preventers now so generally in use. Should a stoppage occur at any time, a pail of water thrown down the closet will thoroughly cleanse it. While this appliance is equally well suited for the mansion or the cottage, it is, from its simplicity of construction and working, specially adapted for railway stations,

schools, and hospitals. Messrs. Winn & Co., Bond Street, Birmingham, are also the manufacturers of a housemaid's slop-closet, similar in construction to the appliance above described, and possessed of equal advantages. In the case of the latter, however, the outlet is covered with a strong grating, with the view of preventing the loss of any article thrown in by accident.

THE EUTHERMIC VENTILATING STOVE.

THIS stove was invented some few years ago by Dr. Francis T. Bond, of Gloucester, so well known in connection with sanitary science, and it has been in regular use at the offices of the Gloucester Waggon Company, where it has superseded the use of fire-grates, and has given complete satisfaction. We will now give a description of this stove, which is of the Calorigen order. There is, however, a difference between this and all other venti

chamber an outlet flue proceeds which is also connected by a branch, near the top of the stove, with the upper portion of the space between the cone and cylinder. In this upper branch tube is a throttle valve, by means of which the way through it can be closed. Inside the cylinder and surrounding the lower part of the cone is a ring of burners which is supplied by a pipe carried through the cylinder from the outside.

The action of the stove will be evident from the arrows on the diagram. When the ring of burners is lighted the air necessary to support combustion is supplied through the opening at the base of the cylinder. The heated air and products of combustion then pass upwards to the junction between the upper margins of the cone and cylinder, when, if the way through the upper branch flue is open, they will pass directly into the Aue; but if it be closed, they are compelled to pass down through the series

lating stoves, and that is that the air required for com bustion is not supplied by a separate pipe direct from the outer air, but can be taken from anywhere in the room. A constant circulation is thus maintained in the room, the warm air introduced through the cone passing to the upper part of the room, and as it falls in a cooler condition it is carried to the stove and removed by the flue. It is an excellent stove for entrance halls, passages, public offices, etc., as we can testify by personal observation.

The stove consists, in its essential parts, of an iron cylinder, within which is fixed a hollow cone, the upper and broader margin of which is attached in an air-tight manner to the upper margin of the cylinder, whilst its lower and smaller aperture is connected by a tube with the outer air. Around the cylinder a series of tubes, in the form of columns, are fixed, the upper ends of which communicate with the space between the cylinder and the cone, and the lower ends open into an annular chamber which surrounds the base of the cylinder. From this

AIR