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Power of entry by sanitary authorities
CORRESPONDENCE.--APPOINTMENTS.
400
considered in connection with the reports recently published in this country, emphasming the heavier incidence of this disease on privy midden than on sewered towns. In Leicester the ventilation of the sewers may be considered in three stages, (a)up to 188I when the sewers were foul and unventilated ; (b) from r88I-I886, when they had been extensively cleansed and ventilated by road grids ; and (c) since I886, when the road grids had been replaced largely by shafts. Whilst the mean rate of mortality from enteric fever in the second period was approximately one-half that of the first, the rate in the third was somewhat higher than in the second. The book will, we think, prove useful to health officers.
to inspect these premises except that other schools had .been inspected and found to be insanitary. That was scarcely enough. It was like saying that because the sanitary arrangements of Harrow were defective, Eton must be examined. No reasonable ground whatever had been given for granting the warrant, and he therefore refused the application. H e consented to state a special case for the opinion of the Queen's Bench Division.
APPOINTMENTS.
ALEXANDER, J., M.D.Durh., L.R.C.P., L.R.C.S.Edin., CORRESPONDENCE. POWER
O F E N T R Y BY S A N I T A R Y AUTHORITIES.
To tke Editor o/PUBLIC HEALTH. SIE,--I forward you herewith a report of a very important case in its preliminary stage, referring to the power of sanitary authorities to enter premises. I am, Sir,
Yours, etc,~ JOHN F. J. SYKES.
At Marylebone Police Court, on Tuesdoy, I2th July last, an application was made to Mr. Plowden by Mr. Herbert Manisty, barrister, acting on behalf of the Vestry of St. Paneras, for a warrant under Section 1I 5 of the Public Health (London) Act, granting the Vestry a right of entry to the premises known as the North London Collegiate School for Girls, Sandall Road, St. Pancras, for the purpose of examination. The school was not under the Education Department or any public authority. It was a private school, and the governors had refused permission to a sanitary inspector to enter. The Act in substance declared that if a justice of the peace was satisfied by information on oath that there was "reasonable ground" for such entry and entry was refused, then he should issue a warrant authorising the sanitary authority or their officers to enter. The governors contended that, as inasmuch as they had received no notice of ony nuisance actually existing on the premises, and as the Vestry wa snot able to indicate the actual existence of any nuisance, that was a condition precedent to a right of entry, the Vestry had no right to enter. Against that contention he cited Section 1 of the Act imposing on the sanitary authority the duty of causing to be made from time to time an inspection of their district with a view to ascertain what nuisances, if any, existed, and having them abated ; also section IO, which gave a right of entry to the sanitary authority for the purpose of ascertaining if a nuisance existed ; and thirdly, section 4o, which provided that the sanitary authority may examine water supply and drainage upon premises after notice to enter, and, if having entered and opened up the ground, etc., fox"the purpose of examination, the work was found to he in accordance with the Act, the sanitary authority should reinstate the same at their own expense and pay full compensation for all injury done or occasioned. The Vestry felt that, having regard to the fact that out of 38 voluntary schools in their district 25 had been found to require sanitary alterations, they were justified in the action they had taken. It was not suggested for one moment that the governors desired to conceal anything.~ Mr. Alexander McMorran, Q.C., representing the governors of the school, urged that no " reasonable ground" for an entry had been given, and that there was no ground whatever for wishing to inspect the school, which, according to a competent surveyor, was in a perfectly sweet, clean, and sanitary condition.--Mr. Plowden observed that he understood there was absolutely no ground suggested for wishing
D.P.H.Glasg., appointed M . O . H . of the Burgh of Thurso. BARGENT, WM., M.D.Durh., B.S., appointed M.O.H. of the Northallerton Urban District Council. BUCHANAN, PETER, M.B., C.1VL Glasg., appointed M.O.H. of the West Dean Rural District Council. COREr, WM., M.D., Ch.M. Irel., D . P . H . Camb., appointed M.O.H. of the Shire of Phillip Island and Woolamai, Victoria, Australia. COWEN, H . O., M.B., Ch.M. Glasg,, appointed M.O.H, of the Borough of Raywood, Vietoria~ Australia. DALDUMAN, C. F., L . R . C . P . L e n d , M.R.C.S., appointed M.O.H. of the Burnham-on-Crouch Urban District Council. DOE*N, F. W., M.D., B.Ch. Dubl., appointed M.O.H. of the St. Albans Rural District Council. DYER, C. HAROLD, M.D. Aberd., re-appointed M.O.H. of the Cleckheaton Urban District Council. HAYWARD, J. W., M.R.C.S., appointed M.O.H. of the Whitstable Urban District Council. HUNTON, FRED., M.D., B.S. Durh., appointed M . O . H , of the Sedgefield Rural District Council. JONE% R., L.K.Q.C.P., L.R.C.S. lrel., appointed M . O . H . of the Shire of Marong, Victoria, Australia. MARTIN, F. W . s M.R.C.S., L.R.C.P., appointed M.O.H. of the Brighouse Town Council. MAY, F. H., L.R.C.P. Lend., M.R.C.S., D . P . H . Glasg., appointed M.O.H. of Aston Manor Urban District Council, and Medical Attendant to the Infectious Diseases Hospital. PEARSON, R. S., M.R.C.S., L . R . C . P , appointed M.O.H. of the Wigan Rural District Council. PALMER, G., M.B., appointed Health Offcer of the Shire of Ararat, Victoria. REED, WALTER HUGO, M.R.C.S, L.S.A., re-appointed M . O . H . of Westbury and Whorwellsdown (Wiltshire) Rural District Council. SANDELL, H. W. A., L . R . C . P . Edin., M.R.C.S., appointed M.O.H. of the Linsdale Urban District Council. SHACKEL, GEORGE A., L.R.C.P. Lond., M.R.C.S. Eng., re-appointed M.O.H. of the Ludlow Rural District Council. SOPER, R. W., M . R . C . S , re-appointed M.O.H. of the Dartmouth and Totnes Port Sanitary Authority. STEWART, F. G., M.R.C.S. Eng., L.S.A., appointed M . O . H . of the Wadebridge Urban District Council. STUART, J. A. EI~SKINE, L.R.C.P. & S. Edin., re-appointed M.O.H. and Superintendent of Infectious Hospital of the Borough of Barley. VERNON, CLAUDE MARTIN, appointed M.O.H. of Ashford Urban District. WHITTINGTONm THOMAS PRICE, L.R.C.S., L.R.C.P., L.M. Edin., re-appointed M . O . H . of Neath, Glamorganshire. WILKINSON, W. A. H., M.B., Ch.B. Vict , re-appointed M.O.H. of the Gainsborough Urban District Council.
400
considered in connection with the reports recently published in this country, emphasming the heavier incidence of this disease on privy midden than on sewered towns. In Leicester the ventilation of the sewers may be considered in three stages, (a)up to 188I when the sewers were foul and unventilated ; (b) from r88I-I886, when they had been extensively cleansed and ventilated by road grids ; and (c) since I886, when the road grids had been replaced largely by shafts. Whilst the mean rate of mortality from enteric fever in the second period was approximately one-half that of the first, the rate in the third was somewhat higher than in the second. The book will, we think, prove useful to health officers.
to inspect these premises except that other schools had .been inspected and found to be insanitary. That was scarcely enough. It was like saying that because the sanitary arrangements of Harrow were defective, Eton must be examined. No reasonable ground whatever had been given for granting the warrant, and he therefore refused the application. H e consented to state a special case for the opinion of the Queen's Bench Division.
APPOINTMENTS.
ALEXANDER, J., M.D.Durh., L.R.C.P., L.R.C.S.Edin., CORRESPONDENCE. POWER
O F E N T R Y BY S A N I T A R Y AUTHORITIES.
To tke Editor o/PUBLIC HEALTH. SIE,--I forward you herewith a report of a very important case in its preliminary stage, referring to the power of sanitary authorities to enter premises. I am, Sir,
Yours, etc,~ JOHN F. J. SYKES.
At Marylebone Police Court, on Tuesdoy, I2th July last, an application was made to Mr. Plowden by Mr. Herbert Manisty, barrister, acting on behalf of the Vestry of St. Paneras, for a warrant under Section 1I 5 of the Public Health (London) Act, granting the Vestry a right of entry to the premises known as the North London Collegiate School for Girls, Sandall Road, St. Pancras, for the purpose of examination. The school was not under the Education Department or any public authority. It was a private school, and the governors had refused permission to a sanitary inspector to enter. The Act in substance declared that if a justice of the peace was satisfied by information on oath that there was "reasonable ground" for such entry and entry was refused, then he should issue a warrant authorising the sanitary authority or their officers to enter. The governors contended that, as inasmuch as they had received no notice of ony nuisance actually existing on the premises, and as the Vestry wa snot able to indicate the actual existence of any nuisance, that was a condition precedent to a right of entry, the Vestry had no right to enter. Against that contention he cited Section 1 of the Act imposing on the sanitary authority the duty of causing to be made from time to time an inspection of their district with a view to ascertain what nuisances, if any, existed, and having them abated ; also section IO, which gave a right of entry to the sanitary authority for the purpose of ascertaining if a nuisance existed ; and thirdly, section 4o, which provided that the sanitary authority may examine water supply and drainage upon premises after notice to enter, and, if having entered and opened up the ground, etc., fox"the purpose of examination, the work was found to he in accordance with the Act, the sanitary authority should reinstate the same at their own expense and pay full compensation for all injury done or occasioned. The Vestry felt that, having regard to the fact that out of 38 voluntary schools in their district 25 had been found to require sanitary alterations, they were justified in the action they had taken. It was not suggested for one moment that the governors desired to conceal anything.~ Mr. Alexander McMorran, Q.C., representing the governors of the school, urged that no " reasonable ground" for an entry had been given, and that there was no ground whatever for wishing to inspect the school, which, according to a competent surveyor, was in a perfectly sweet, clean, and sanitary condition.--Mr. Plowden observed that he understood there was absolutely no ground suggested for wishing
D.P.H.Glasg., appointed M . O . H . of the Burgh of Thurso. BARGENT, WM., M.D.Durh., B.S., appointed M.O.H. of the Northallerton Urban District Council. BUCHANAN, PETER, M.B., C.1VL Glasg., appointed M.O.H. of the West Dean Rural District Council. COREr, WM., M.D., Ch.M. Irel., D . P . H . Camb., appointed M.O.H. of the Shire of Phillip Island and Woolamai, Victoria, Australia. COWEN, H . O., M.B., Ch.M. Glasg,, appointed M.O.H, of the Borough of Raywood, Vietoria~ Australia. DALDUMAN, C. F., L . R . C . P . L e n d , M.R.C.S., appointed M.O.H. of the Burnham-on-Crouch Urban District Council. DOE*N, F. W., M.D., B.Ch. Dubl., appointed M.O.H. of the St. Albans Rural District Council. DYER, C. HAROLD, M.D. Aberd., re-appointed M.O.H. of the Cleckheaton Urban District Council. HAYWARD, J. W., M.R.C.S., appointed M.O.H. of the Whitstable Urban District Council. HUNTON, FRED., M.D., B.S. Durh., appointed M . O . H , of the Sedgefield Rural District Council. JONE% R., L.K.Q.C.P., L.R.C.S. lrel., appointed M . O . H . of the Shire of Marong, Victoria, Australia. MARTIN, F. W . s M.R.C.S., L.R.C.P., appointed M.O.H. of the Brighouse Town Council. MAY, F. H., L.R.C.P. Lend., M.R.C.S., D . P . H . Glasg., appointed M.O.H. of Aston Manor Urban District Council, and Medical Attendant to the Infectious Diseases Hospital. PEARSON, R. S., M.R.C.S., L . R . C . P , appointed M.O.H. of the Wigan Rural District Council. PALMER, G., M.B., appointed Health Offcer of the Shire of Ararat, Victoria. REED, WALTER HUGO, M.R.C.S, L.S.A., re-appointed M . O . H . of Westbury and Whorwellsdown (Wiltshire) Rural District Council. SANDELL, H. W. A., L . R . C . P . Edin., M.R.C.S., appointed M.O.H. of the Linsdale Urban District Council. SHACKEL, GEORGE A., L.R.C.P. Lond., M.R.C.S. Eng., re-appointed M.O.H. of the Ludlow Rural District Council. SOPER, R. W., M . R . C . S , re-appointed M.O.H. of the Dartmouth and Totnes Port Sanitary Authority. STEWART, F. G., M.R.C.S. Eng., L.S.A., appointed M . O . H . of the Wadebridge Urban District Council. STUART, J. A. EI~SKINE, L.R.C.P. & S. Edin., re-appointed M.O.H. and Superintendent of Infectious Hospital of the Borough of Barley. VERNON, CLAUDE MARTIN, appointed M.O.H. of Ashford Urban District. WHITTINGTONm THOMAS PRICE, L.R.C.S., L.R.C.P., L.M. Edin., re-appointed M . O . H . of Neath, Glamorganshire. WILKINSON, W. A. H., M.B., Ch.B. Vict , re-appointed M.O.H. of the Gainsborough Urban District Council.