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Medicine and the Law
43
danger about which we all know, surely the cost of compiling a register is very small, compared with the danger of allowing matters to continue as they are without the knowledge which could be obtained from a register ?-Mr. VAUGHAN-MoRGAN : I think we have to bear in mind the form which this disease takes, and it is no good making it notifiable if such instructions may be disregarded.
Leprosy in the United Kingdom There are 239 cases of leprosy recorded in the United Kingdom. In the years 1952 to 1956 there were 68, 34, 34, 19, and 36 fresh cases respectively.
Medicine and the Law Residue or Endowment of Bed BY her will dated Oct. 1, 1943, a testatrix left all her residuary estate to her trustees " upon trust for the Cumberland Infirmary, Carlisle, to be applied towards the endowment of a bed in the ... Infirmary in memory of " her sister and herself. On Dec. 30, 1947, the testatrix died. On July 5, 1948, under the National Health Service Act, 1946, the Cumberland Infirmary became vested in the Minister of Health and the management of it passed to the East Cumberland hospital management committee. Before the Act came into force the governors of the Cumberland Infirmary had been prepared, in return for a gift of JE1000 or upwards, to name a bed as a memorial to the donor. In 1953 the East Cumberland H.M.c. told the surviving trustee of the will that that practice had ceased when the management of the hospital passed to them ; that they had power to accept gifts on conditions, but that they could not specify what minimum sum was required for a bed to be named as a memorial: they also said that the annual cost of maintaining a bed in the hospital was about E700. The question for the decision of the Court was whether the trustee of the will should transfer the whole of the residue, which amounted to E6100 cash on deposit, to the committee or only such part of it as was necessary to endow a bed. Mr. Justice UPJOHN said that in the first place there was an out and out gift of residue for the infirmary, and the testatrix had directed that the treasurer of the infirmary was entitled to give a receipt for the whole of it. The gift, however, was for a certain purpose-namely, for endowing a bed. It was settled law that a gift to endow a bed only meant that the gift was to be invested by the relevant hospital, the income to be used for the general purposes of running the hospital, and the hospital undertaking to comply with the condition in the will of naming a bed. There was no express provision in this will about naming a bed but that could readily be implied. The H.M.C. were willing to undertake to treat the money as capital and to apply the income for maintenance purposes and to put up a plaque near a bed in memory of the testatrix and her sister. His Lordship could not agree with the argument for the next of kin that it was gift of only so much of the residue as was required to name a bed in accordance with the practice of the hospital before the National Health Service Act came into force, and that it was therefore a gift of only JE1000. It was a plain gift of the whole of the residue ; even if it were not, the surplus would have to be applied cy-pres. It was therefore a valid gift of the entirety of the residue to the H.M.C., they undertaking to treat it as capital and to apply the income for the general purposes of maintaining the hospital and naming a bed in memory of the testatrix and her sister. His Lordship made a declaration to that effect. Re Barnfather deceased : Reed v. East Cumberland hospital management committee and Others. Chancery Division (Upjohn J.) June 25, 1957. M. Nesbitt (Pettiver & Pearkes for Jackson & Saul, Carlisle); T. A. C. Burgess (Charles Russell & Co. for Harston & Atkinson, Carlisle) ; Denys Buckley (Treasury Solicitor) ; J. A. Gibson (Moodie, Randall Carr & Miles for J. F. W. Ritson, Wie’ton,
Cumberland). P. PRICE Barrister-at-Law.
In A
England Now
Running Commentary by Peripatetic Correspondents
THE problem of how to feed one’s guests single-handed within an hour or so of returning from the laboratory, and still appear calm and glad to see them, is easily solved at this time of year. What could be nicer than salmon mayonnaise followed by strawberries and cream? It can all be prepared beforehand, well almost all, but what about the mayonnaise ? For years we have waited vainly for a 58th variety flt to anoint salmon, but there is still nothing for it but to emulsify egg-yolk and olive-oil drop by drop. It only needs a little patience ... it is not difficult...; the French do it all the time ... I don’t know why people make a fuss about it, its thickening beautifully. Good, that’s John’s car, I wonder if he has remembered the, cigarettes. Oh dear, it seems to be thinning, I must have added too much oil, yes, its curdled. Oh well, it won’t take long to add it to another egg-yolk and John can hold the fort if anyone arrives.... There’s the bell, I wonder I must go slowly this time... why does one who it is have to do this when it’s so hot, it should be eaten in the " I shan’t be long darling ... yes, depths of winter. I should love a drink down here." I don’t wonder the French believe that no menstruating woman can make a mayonnaise, the mental trauma is terrific.... Doing Wassermann reactions is child’s play with this ... Wassermann reactions... I must be crazy to pour the oil out of a jug. dropping. What one needs is a funnel, a short piece of rubber tubing, and a screw-clip. The funnel could be supported on the plate-rack if I used the cooker as a table. One couldn’t add the oil too quickly accidentally. It works. Do come to dinner, it’s no trouble at this time of year and we shall be delighted to see you. ’
...
,
compared
-..
*
*
*
One feature of medical travel was not mentioned In your peripatetic professor (June 22, p. 1291). the days of the Grand Tour when English gentlemen travelled leisurely through Europe, laundry appears to have been no problem. The situation has changed with the modern sortie into the New World and its brief visits to different centres each lasting no longer than three or four days. It has been further aggravated by air travel and the need to travel light. The solution came with nylon, its derivatives, and rapid drip-drying. Five to ten years ago shirts of these materials could only be obtained over in the States ; there ensued a new sport of shirtmanship. " What do you think of this ‘ orlon,’ old man ? " from the returning traveller would score heavily unless countered by " Well, I findDacron ’ better wearing." Now our own texti!e manufacturers have developed non-iron cotton shirts and we no longer have to endure the steamy discomfort of nylon and the clinging irritations due to its static
by
charges. Though it is simple enough to wash one’sTerylene’ hose, nylon pants, and non-iron cotton shirt each night before retiring, there are anxious moments. Will one’s American host with whom a room is to be shared at Palmer House be shocked at the sight of a shirt suspended from the shower over the bath ? Fortunately he is not, for he does exactly the same himself. And the habit dies hard, for it seems convenient to continue the practice at home, where hooks have now been installed over the bath. Now as I relapse into bed at night I reflect on the prophetic wisdom of my nanny who would scold me with the cry of " Cleanliness is next to godliness." Now like a good boy I say my prayers and do my
laundry. *
*
*
My godson, aged twelve, had been examined and interviewed by a consultant poediatrician. During the homeward journey the boy suddenly declared " Either that man’s mad or I am. He asked me if I was worried about my health. Even if I was I wouldn’t tell a complete
stranger.",
danger about which we all know, surely the cost of compiling a register is very small, compared with the danger of allowing matters to continue as they are without the knowledge which could be obtained from a register ?-Mr. VAUGHAN-MoRGAN : I think we have to bear in mind the form which this disease takes, and it is no good making it notifiable if such instructions may be disregarded.
Leprosy in the United Kingdom There are 239 cases of leprosy recorded in the United Kingdom. In the years 1952 to 1956 there were 68, 34, 34, 19, and 36 fresh cases respectively.
Medicine and the Law Residue or Endowment of Bed BY her will dated Oct. 1, 1943, a testatrix left all her residuary estate to her trustees " upon trust for the Cumberland Infirmary, Carlisle, to be applied towards the endowment of a bed in the ... Infirmary in memory of " her sister and herself. On Dec. 30, 1947, the testatrix died. On July 5, 1948, under the National Health Service Act, 1946, the Cumberland Infirmary became vested in the Minister of Health and the management of it passed to the East Cumberland hospital management committee. Before the Act came into force the governors of the Cumberland Infirmary had been prepared, in return for a gift of JE1000 or upwards, to name a bed as a memorial to the donor. In 1953 the East Cumberland H.M.c. told the surviving trustee of the will that that practice had ceased when the management of the hospital passed to them ; that they had power to accept gifts on conditions, but that they could not specify what minimum sum was required for a bed to be named as a memorial: they also said that the annual cost of maintaining a bed in the hospital was about E700. The question for the decision of the Court was whether the trustee of the will should transfer the whole of the residue, which amounted to E6100 cash on deposit, to the committee or only such part of it as was necessary to endow a bed. Mr. Justice UPJOHN said that in the first place there was an out and out gift of residue for the infirmary, and the testatrix had directed that the treasurer of the infirmary was entitled to give a receipt for the whole of it. The gift, however, was for a certain purpose-namely, for endowing a bed. It was settled law that a gift to endow a bed only meant that the gift was to be invested by the relevant hospital, the income to be used for the general purposes of running the hospital, and the hospital undertaking to comply with the condition in the will of naming a bed. There was no express provision in this will about naming a bed but that could readily be implied. The H.M.C. were willing to undertake to treat the money as capital and to apply the income for maintenance purposes and to put up a plaque near a bed in memory of the testatrix and her sister. His Lordship could not agree with the argument for the next of kin that it was gift of only so much of the residue as was required to name a bed in accordance with the practice of the hospital before the National Health Service Act came into force, and that it was therefore a gift of only JE1000. It was a plain gift of the whole of the residue ; even if it were not, the surplus would have to be applied cy-pres. It was therefore a valid gift of the entirety of the residue to the H.M.C., they undertaking to treat it as capital and to apply the income for the general purposes of maintaining the hospital and naming a bed in memory of the testatrix and her sister. His Lordship made a declaration to that effect. Re Barnfather deceased : Reed v. East Cumberland hospital management committee and Others. Chancery Division (Upjohn J.) June 25, 1957. M. Nesbitt (Pettiver & Pearkes for Jackson & Saul, Carlisle); T. A. C. Burgess (Charles Russell & Co. for Harston & Atkinson, Carlisle) ; Denys Buckley (Treasury Solicitor) ; J. A. Gibson (Moodie, Randall Carr & Miles for J. F. W. Ritson, Wie’ton,
Cumberland). P. PRICE Barrister-at-Law.
In A
England Now
Running Commentary by Peripatetic Correspondents
THE problem of how to feed one’s guests single-handed within an hour or so of returning from the laboratory, and still appear calm and glad to see them, is easily solved at this time of year. What could be nicer than salmon mayonnaise followed by strawberries and cream? It can all be prepared beforehand, well almost all, but what about the mayonnaise ? For years we have waited vainly for a 58th variety flt to anoint salmon, but there is still nothing for it but to emulsify egg-yolk and olive-oil drop by drop. It only needs a little patience ... it is not difficult...; the French do it all the time ... I don’t know why people make a fuss about it, its thickening beautifully. Good, that’s John’s car, I wonder if he has remembered the, cigarettes. Oh dear, it seems to be thinning, I must have added too much oil, yes, its curdled. Oh well, it won’t take long to add it to another egg-yolk and John can hold the fort if anyone arrives.... There’s the bell, I wonder I must go slowly this time... why does one who it is have to do this when it’s so hot, it should be eaten in the " I shan’t be long darling ... yes, depths of winter. I should love a drink down here." I don’t wonder the French believe that no menstruating woman can make a mayonnaise, the mental trauma is terrific.... Doing Wassermann reactions is child’s play with this ... Wassermann reactions... I must be crazy to pour the oil out of a jug. dropping. What one needs is a funnel, a short piece of rubber tubing, and a screw-clip. The funnel could be supported on the plate-rack if I used the cooker as a table. One couldn’t add the oil too quickly accidentally. It works. Do come to dinner, it’s no trouble at this time of year and we shall be delighted to see you. ’
...
,
compared
-..
*
*
*
One feature of medical travel was not mentioned In your peripatetic professor (June 22, p. 1291). the days of the Grand Tour when English gentlemen travelled leisurely through Europe, laundry appears to have been no problem. The situation has changed with the modern sortie into the New World and its brief visits to different centres each lasting no longer than three or four days. It has been further aggravated by air travel and the need to travel light. The solution came with nylon, its derivatives, and rapid drip-drying. Five to ten years ago shirts of these materials could only be obtained over in the States ; there ensued a new sport of shirtmanship. " What do you think of this ‘ orlon,’ old man ? " from the returning traveller would score heavily unless countered by " Well, I findDacron ’ better wearing." Now our own texti!e manufacturers have developed non-iron cotton shirts and we no longer have to endure the steamy discomfort of nylon and the clinging irritations due to its static
by
charges. Though it is simple enough to wash one’sTerylene’ hose, nylon pants, and non-iron cotton shirt each night before retiring, there are anxious moments. Will one’s American host with whom a room is to be shared at Palmer House be shocked at the sight of a shirt suspended from the shower over the bath ? Fortunately he is not, for he does exactly the same himself. And the habit dies hard, for it seems convenient to continue the practice at home, where hooks have now been installed over the bath. Now as I relapse into bed at night I reflect on the prophetic wisdom of my nanny who would scold me with the cry of " Cleanliness is next to godliness." Now like a good boy I say my prayers and do my
laundry. *
*
*
My godson, aged twelve, had been examined and interviewed by a consultant poediatrician. During the homeward journey the boy suddenly declared " Either that man’s mad or I am. He asked me if I was worried about my health. Even if I was I wouldn’t tell a complete
stranger.",