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1259THE ROYAL ACADEMY.-MEDICINE AND THE LAW.

county council, and any excess above the sum prescribed is to be borneby the district council as part of their ordinary expenses. Theseprovisions are made applicable to the administrative county of Londonin like manner as if each metropolitan borough were a county district,and the borough council were the district council of that district.

11. Notice by midwives -Under section 10 it will be necessary for

every woman who is certified as a midwife under the Act, beforeholding herself out as a practising midwife, or commencing to

practise as a midwife in any area, to give notice in writing of herintention to do so either to the local supervising authority or to thebody to whom for the time being the powers and duties of the localsupervising authority have been delegated under the Act and shemust give a like notice in the month of January in every year after-wards during which she continues to practise in the area.

12. This notice must be given to the local supervising authority ofthe area within which the woman in question usually resides or carrieson her practice. A like notice must also be given to every other localsupervising authority or delegated body within whose area the womanat any time practises or acts as a midwife, within 48 hours at the latestafter she commences so to practise or act.

13- Every notice must contain such particulars as may be requiredby the rules under the Ac*j to secure the identification of the persongiving it. It will be part of the duty of the Central Midwives Boardto define, by the rules which that body have to frame as abovementioned, the particulars thus required.

14. In order to insure proper notifications of practice by certifiedmidwives section 10 further provides that if any woman omits togive the notices in question or any of them, or knowingly or wilfullymakes or causes or procures any other person to make any false state-ment in any such notice, she shall, on summary conviction, be liable toa fine not exceeding :E5.

15. Prosecution of offences.-In addition to the other powers andduties conferred by the Act upon the local supervising authoritythey are by section 13 authorised to prosecute any offences under theAct punishable on summary conviction. The offences created bysection 10 have just been referred to. Attention may also be called tothe other offences under the Act which may be prosecuted by the localsupervising authority. These are specified in sub-sections (1) and (2) ofsection 1 of the Act. The first of these enactments provides that fromand after the lst April, 1905, any woman who not being certified underthe Act shall take or use the name or title of midwife (either alone orin combination with any other word or words), or any name, title,addition, or description implying that she is certified under the Act, oris a person specially qualified to practise midwifery, or is recognisedby law as a midwife, shall be liable on summary conviction to a finenot exceeding :E5. Sub-section (2) of section 1 provides that from andafter the lst April, 1910, no woman shall habitually and for gainattend women in childbirth, otherwise than under the direction of aqualified medical practitioner, unless she is certified under the Act ;and that any woman so acting without being certified under the Actshall be liable on summary conviction to a fine not exceeding"g10. But this section is not to apply to legally qualified medicalpractitioners or to anyone rendering assistance in the case ofemergency.

16. Expenses and fees.-Section 15 of the Act provides that anyexpenses under the Act payable by the council of a county or countyborough shall be defrayed out of the county fund or out of theborough fund or borough rate, as the case may be. These ex-penses will include not only the general expenses of the councilthemselves as local supervising authority in connexion with theexecution of their duties under the Act and the expenses of anyprosecutions which they are authorised to undertake as above-mentioned (as well as the expenses, within the prescribed limit,of any district council to whom the council of a county may havedelegated their powers and duties under section 9 of the Act), butmay also comprise certain sums which the council may have to

pay to the Central Midwives Board under section 5 of the Act.That section makes provision for the payment of certain fees to theCentral Midwives Board by women who present themselves for exami-nation or certificates as midwives. These fees are to be devoted tothe payment of expenses connected with the examination and certi-ficate and to the general expenses of that Board who are required, assoon as practicable after the 31st December in each year, to publish afinancial statement made up to that date (which must be certified ascorrect by a properly qualified accountant) showing the receipts andexpenditure, including their liabilities, during the year. The CentralMidwives Board must then submit a copy of this statement to thePrivy Council and if the statement shows any balance against theCentral Midwives Board and the balance is approved by the PrivyCouncil, that Board are authorised to apportion that balance betweenthe councils of the several counties and county boroughs in proportionto the number of midwives who have given notice during the year oftheir intention to practise in those areas respectively and to recoverfrom the councils the sum so apportioned.

THE ROYAL ACADEMY.

THE one-hundred-and-thirty-fifth exhibition of the Royal I

Academy will open to the public on May 4th. The number ofworks on exhibition is 1880, so that a detailed review of theexhibition would be a work of great magnitude. Our own

province, however, is mainly to chronicle any pictures whichmay be of interest from a medical or other scientific pointof view. In the first room is a good portrait (30) by Mr.Shirley Slocombe of Sir William Huggins, K.C.B., Presidentof the Royal Society. In Room III. is a fine work by Mr.Herkomer (163), a portrait of Sir Hermann Weber. In RoomVI. is a portrait (371) and a good likeness of Lieutenant-Colonel Horace Manders, 1".D., R.A.M.C., and in Room XI.Mr. G. Spencer Watson exhibits (777) a very correct if some-what cold portrait of Sir R. Douglas Powell. Other portraits

of medical men are (219) by Mr. C. E. Brock of Dr. J.Storrs Brookfield and (484) of Dr. H. B. Donkin by Mr. CyrnsJohnson.

Of other portraits Mr. Sargeant sends six, of which

perhaps the best is (235) Mrs. Julius Wernher, while another(453), G. McCorquodale, Esq., is masterly in its treatmentof black. Mr. J. Seymour Lucas sends a strong picture(403) of Dr. William Gunion Rutherford, late headmaster of

Westminster, and (432), Mrs. Arthur Blomfield, is a charmingwork both in colour and pose, upon which both the sitter andthe artist, Mr. W. Llewellyn, may be congratulated.

Of figure studies the President, Sir E. J. Poynter,sends among other pictures a virtual reproduction of oneexhibited by him last year. This is (160) " The Cave of theStorm Nymphs." Three nymphs are shown in a cave deck-ing themselves with jewels and playing idly with money froma wreck. The modelling and drawing of the foreshortenednymph in the foreground are admirable. In (292) Mr. ArthurHacker exhibits "Leaf Drift," three very anaemic youngwomen lying upon or in a bed of dead dried leaves. Theflesh tints are muddy, but perhaps this is intentional as

symbolising autumn, while the attitude of the figure in theforeground who is clasping her right breast is singularly un-graceful. In Room II. three little pictures catch the eye atonce. They are hung close together and make a brilliantpatch of colour and are entitled "A Romance," by Mr.J. H. F. Bacon (111) ; 1 -The End of the Chapter," by Mr.Dudley Hardy (112) ; and "Stones and Crystals," by MissCatherine Wood (113). All three are well worth notice.Noticeable, too, though in a very different way, is (66)" Dusk," by Mr. G. Clausen, and as a very good pendant tothis with its low evening light is (94) " The Coming Day," byMr. Arnesby Brown. Mr. La Thangue sends five pictures, ofwhich three are Provencal subjects and of these three (133),"A Provencal Winter," with its sunshine, its roses, and

oranges, calls up comparisons by no means complimentaryto an English April such as we have just undergone. Wehave left till late perhaps the most striking picture in therooms-namely, (304), Mr. Albert Goodwin’s" Gate of theInferno," in which the chill grey walls, grim and forbiddingalbeit seething with fire, the vastness of the buildings, andthe weary train of souls all so small and mean, give thespectator that sensation which many have experienced whenhalf awake-namely, of being enormously enlarged in alldirections. It will be interesting to compare this conceptionof the Inferno with that about to be presented on the stageof the Lyceum.Among the sculpture is (1736) a medallion by Mr. Robert

Bryden of Sir F. Seymour Haden, a bust (1753) by Mr.Goscombe John of Sir John Williams, a bust (1848) by Mr.Alfred Drury of the late Sir William Mac Cormac, which is agood likeness, and a bust (1850) by Mr. F. W. Pomeroy ofSir Henry Thompson. A good piece of decorative work isthe portion of a church screen (1842) by Mr. W. Reynolds-Stephens. Among the water-colours (815) Mr. AlfredParsons’s picture of a delightful garden makes one envy thepo;,sessor thereof, and (812), by Mr. Elkanah Holdroyd, is acareful little drawing of the tomb of Rahere in the church ofSt. Bartholomew the Great.

MEDICINE AND THE LAW.

The Stamp Duties on Proprietary Medioines.MR. JUSTICE WILLS on April 24th delivered the reserved

judgment of the Divisional Court consisting of the LordChief Justice, Mr. Justice Channell, and himself, upon an

appeal brought by the Inland Revenue authorities againstthe decision of a metropolitan police magistrate. The

learned magistrate had decided in favour of a firm ofchemists that a stamp was not necessary upon a bottle ofammoniated tincture of quinine sold with the followinglabel affixed to it :-

Ammoniated tincture of quinine B.P., a well-known and highly-recommended remedy for iní1uenza and colds. Dose: one tea"poonfulin water every four hours until relieved. Glyn and Co., Chemists,159, East India Dock-road, E.

The Solicitor-General and other counsel appeared for theappellants and Mr. Asquith, K.C., led for the iespondents.The Divisional Court dismissed the appeal, Mr. JusticeWills saying, in the course of a long and learnedjudgment, "if the article is compounded of drugs or

Page 2: MEDICINE AND THE LAW

1260 MEDICINE AND THE LAW.-VITAL STATISTICS.

chemicals as to which there is no secret either ofdenomination, quality, efficacy, or mode of manufacture ;if it is in no sense a proprietary or patent medicine ;if the person who originally introduced it to the public isnot and no person has become the owner or proprietor,not of the bottle or box or jar in which the compound is sold,but of the mixture or compound itself, so that it is not thecommon property of all the world, and has never advertisedit as a specific or as possessing remedial properties, and if itis made up or sold by a duly qualified person, it is exemptfrom duty....... The whole scheme of the Acts appears to beto strike with chargeability medicines imported from abroadand medicines which particular persons can make to theexclusion of others " (Times). It is to be observed that theprincipal Acts imposing the stamp duties on medicines,the sections and schedules of which the court was

called on to interpret, were 42 George III. c. 56, 44George III. c. 98, and 52 George III. c. 150, andthat the first of these Acts recites that an earlier Act(25 George III. c. 79) had been much evaded. Thatis to say, the policy of affixing a Government stamp to

gocds claiming to be " proprietary medicines " was initiatedmore than a century ago and is now carried out underActs of Parliament nearly 100 years old. That these stampduties may be a source of revenue is not to be denied.They were presumably never intended to operate in anyway for the public good. They do not check, or

even tend to check, the sale of quack nostrums whichhas increased to an enormous and to a dangerous extent.On the contrary, the Inland Revenue stamp upon a boxor bottle is often regarded by ignorant people as a formof Government recognition and approval bestowed upon a"remedy" of exceptional excellence, and thus furthers itssale. Indeed, in some cases the quack, who has only to buythe stamps and affix them without any formality beingobserved or even his name being known, not unfrequentlypoints to them as a guarantee of merit. It may well beasked whether in these more enlightened days the Govern-ment of a highly civilised community can be justified in

increasing its pecuniary resources by affording an apparentsanction to the sale of nostrums which in many cases are

likely to prove injurious to health, and which, even if theyare merely incapable of any effect, at all events are used bytheir vendors to deceive and to rob the poor and the ignorant.

Spitting in Public.The following by-laws or regulations have been made by

the Board of Trade under the powers conferred upon theBoard by the London County Tramways Act, 1896 :-" 1. Noperson shall spit in, or upon, any carriage used on anytramway worked by the London County Council. 2. Anyperson offending against or committing a breach of the fore- ligoing by-law or regulation shall be liable to a penalty notexceeding 40s. 3. These by-laws or regulations shall comeinto operation on April 28th, 1903." The efficacy ofregulations of this kind necessarily depends to a greatextent upon the encouragement given to the officials in

charge of vehicles by their employers to enforce them. Itwould be a convenient addition to the powers conferred inthe case of County Council tramways if the police wereempowered and encouraged to check a practice which is

likely to be increased by the by-laws quoted-that is to say,spitting from the top of a public vehicle upon the roadway orsidewalk. Many who have travelled inside tramcars or

omnibuses will have noticed if they have looked through thewindows the incessant expectoration which frequentlyproceeds from someone on the roof above them. This isconducted quite without regard for foot passengers in theimmediate neighbourhood of the vehicle and it is highlydesirable that it should be stopped for this reason, in addi-tion to those which have at length called some measure ofpublic attention to the dangers arising from a disgustingpractice.

Bospetals lmd their Patients.In a recent action before his honour Judge Stonor, under

the Workmen’s Compensation Act, the facts immediatelyconnected with the accident rendering the employers liablewere found by the county-court judge in favour of the appli-cant. An additional ground of defence was, however, alsoraised-viz., that the injury from which the applicant wassuffering was wholly or partly to be attributed to a defect inthe treatment of the applicant at St. Mary’s Hospital. Withregard to this the judge found that the treatment at thehospital was not defective and added that in any case it

would have been no defence to the application, as the

patient had done all he could in going to the hospitaland submitting to the treatment there afforded to him, inde-pendently of his having gone there at the desire and with theconsent of the employers. This finding seems to be clearlyin accordance with justice and good sense so far as it affectsthe issue between the parties, and so far as it affects the

hospital the institution has been cleared from the

imputation cast upon it by the employer. It will seemto all connected with hospitals, whether professionally or

in respect of their management and the provision of fundsfor their support, highly undesirable that the treatment

provided out of charity to patients unable to pay formedical or surgical aid should be called in question in acourt of law because someone subsequently consulted hassuggested that some other course might have been adopted.A tendency to take this kind of view of hospital workwas recently shown by an applicant at a police-court whocomplained that a mistake had been made at a Londonhospital in respect of his case : he was not discovered tobe suffering, as in fact he was, from small-pox when he firstwent to the hospital. The learned magistrate referred thecomplainant to the county-court, where his remedy, if any,would lie, but at the same time he pointed out the differentposition occupied by the hospital, which supplies gratuitousaid out of charity, from that of the medical adviser who ispaid for his services. It may be added that the man whofirst goes to a hospital and then, if dissatisfied with histreatment, finds himself able to pay for medical aid, ishardly a member of the class for which hospitals are

maintained by the benevolent.

VITAL STATISTICS.

HEALTH OF ENGLISH TOWNS.

IN 76 of the largest English towns 9304 births and 5031deaths were registered during the week ending April 25th.The annual rate of mortality in these towns, which hadbeen 15’8, 15’6, and 15’9 per 1000 in the three precedingweeks, further rose to 17’4 per 1000 last week. In Londonthe death-rate was 16’8 per 1000, while it averaged17’ 7 in the 75 other large towns. The lowest death-rates in these towns were 4’9 in Kings N01 ton, 5’4 4in Walthamstow, 7’1 in Hastings, 7’3 in Hornsey, 8’3 inBournemouth, 10- 1 in Burton-on-Trent, and 10’7 7 in Bury ;the highest rates were 22’6 in Wolverhampton, 23’ inSouth Shields, 24’ in Bootle, 24-9 in Walsall, 25-2 inManchester, 25-3 in Salford, 26-5 in Sunderland, 27-8 8in Swansea, and 30’7 in Middlesbrough. The 5031deaths in these towns last week included 504 which werereferred to the principal infectious diseases, against454 in each of the two preceding weeks ; of these 504 deaths168 resulted from measles, 124 from whooping-cough, 66from diphtheria, 55 from scarlet fever, 51 from diarrhoea, 23from "fever " (principally enteric), and 17 from small-pox.No death from any of these diseases was registered last weekin Hastings, Bournemouth, Reading, Ipswich, Devonport,Burton-on-Trent, Walsall, Handsworth, Kings Norton, or

York; while the highest death-rates from the principalinfectious diseases were recorded in Hornsey, East Ham,West Bromwich, Aston Manor, Oldham, Salford, Burnley,Middlesbrough, and Swansea. The greatest proportionalmortality from measles occurred in Tottenham, Leyton.East Ham, Wolverhampton, West Bromwich, Nottingham,Wigan, Manchester, Middlesbrough, Sunderland, andSwansea ; from scarlet fever in Stockport, Bootle, and Roch-dale ; from diphtheria in Hornsey, Northampton, Hanley,Middlesbrough, and Newport (Mon.) ; and from whooping-cough in Croydon, Willesden, Manchester, Salford, Oldham,Bradford, and Swansea. The mortality from ’’ fever and fromdiarrhoea showed no marked excess in any of the large towns.Of the 17 fatal cases of small-pox registered in these townslast week six belonged to Liverpool, three to Oldham, threeto Burnley, and one each to Hanley, Leicester, Birkenhead,Bury, and West Hartlepool. The number of small-pox casesunder treatment in the Metropolitan Asylums hospitals,which had been 11, 13, 15, and 33 on the four precedingSaturdays, had further risen to 38 on Saturday, April 25th ;nine new cases were admitted during the week, againstthree, five, and 22 in the three preceding weeks. Thenumbei of scarlet fever patients in these hospitals and in theLondon Fever Hospital at the end of last week was 1698,