1392 MEDICINE AND THE LAW.

the patients good, ’’ only six men and 14 women being con-fined to bed." So also in the report on the Cumberland andWestmorland Asylum we find the words: " Although duringour visit to the wards 21 men and 29 women were confined tobed the general health of the community has been andremains good." It would certainly appear from theseexpressions that only the physical health of the com-munities visited was gauged by the number of persons con-fined to bed and that the value of confinement to bed as a

therapeutic agency in cases of acute insanity was not

recognised by the Commissioners.Cumberland and West-morland Lunatic Asyl2cm (Annual

Reportfor the Year 1907.-There were admitted during thisyear 227 patients, while 98 were discharged and of these 83were recovered, the recovery-rate being 49 ’ 1 per cent. Therate of mortality was 9’ 5 per cent. The statistical tablesare in the new form recommended by the Medico-Psycho-logical Association and have the approval of the Com-missioners.

MEDICINE AND THE LAW.

Food and Trade Ternis.

THE recent trial of the case of the British Tea Table

Company, Limited, v. Gardner has again made prominentthe curious contention of some merchants in this country,and possibly in others, that trade names for the articles inwhich they deal, if well known and recognised by theirbrother traders and themselves, may be used in their transac-tions with their lay customers who are to be assumed tounderstand them. In the case referred to the plaintiffs,keepers of restaurants of a popular character, entered intocontracts in writing with the defendant who undertook tosupply them at scheduled prices with best English meat.After the contract had been in force for some time a changetook place in the directorate of the plaintiff company anda somewhat belated but active supervision revealed thatmost of the meat provided over a long period at the specifiedprices and at the cost of many thousand of pounds hadnot been English at all but foreign and chilled meat ofvarious descriptions from abroad, and also, to a largeextent, the flesh of imported animals slaughtered on

landing. Considerable discussion took place with regardto this last variety, known to the "trade" apparently as"town killed," or when described by initials as "t.k.,"not so much as to the meaning of the trade term but becauseit was seriously contended by the defendant that it was

properly supplied under a contract for " best English " meat,counsel for the plaintiffs humorously and not inappositelysuggested that by analogy a Chinaman found dead in Englandmight be described as the best kind of British subject, andMr. Justice Ridley described the arguments of the defenceas "absolute nonsense," saying emphatically that "anAmerican beast does not become English because you killedhim at Deptford," but not until a great deal of time hadbeen spent upon the point was it abandoned. At length,after evidence had been given on behalf of the plaintiffsand tested by cross-examination, the case was settledupon terms which their leading counsel declared to besatisfactory to them. To enforce the plain meaning ofterms applied to goods sold in general, and in particularto food and drink sold for the public consumption, is anot infrequent duty of those who administer justice, and itmay be said at once that the law does not usually hesitatein its condemnation of " trade terms " used in such a manneras to be deceptive. The various trades, however, pursuetheir course serenely until the law compels them to alter itand then they only do so after protesting its correctness froma mercantile point of view and the advantages which it offersto those with whom they trade. The fact that a true

description is as easy to give as an untrue one or as onewhich omits matters which the purchaser would take intoaccount if he had the opportunity is quite obvious, but theyignore it ; and it may be a coincidence, but it is one whichdoes not tell in their favour, that the title adopted is alwaysone likely to prove more attractive than a plain statement ofthe nature of the goods sold. " Town-killed beef " is appliedas a compendious title to "American beef killed at Dept-ford not only on account of its comparative brevity; and

"Burgundy from California," however wholesome a wine itmay be and however closely it may resemble true "Bur-

gundy " in character, is of lower commercial value. Thetrader may claim that the "character" " of the article

supplied is the essential point when he is taxed with substi-tution, and it may be noted that the druggists have beenknown to offend, particularly in the case of drugs or com-pounds of drugs bearing well-known titles, but the publicdesire and have a right, apart from that given themby statute, to receive that which they bargain for.

People will buy Irish " bacon who would not do so if theyknew that it came from Chicago, and thos who have aprejudice in favour of Cambridge sausages would not findthem so appetising if they were labelled made in London."In the particular case commented upon this use of tradeterms was not the point in issue but rather the allegedfailure to carry out a contract plainly worded, but the phrase" town killed " is one worth recording among others whichgrammarians would classify as euphemisms rather than assynonyms.

An Appeal by the Society of Apothecaries.The Society of Apothecaries recently sued a Billingsgate

fish salesman named Gregory for a penalty for having actedas an apothecary without a licence in the following circum-stances. A man employed in Billingsgate market had

injured his thumb with a fish bone and had refused to submit; to the measures recommended by the medical men to whom

the injury was afterwards submitted, having recourse insteadto the fish salesman named. Gregory applied a plaster com-posed of marsh mallow, resin, turpentine, and parsley, andcharged 2 guineas for it; eventually gangrene set in and theman died. In the action brought by the Society of Apothe-caries against Gregory in the Edmonton county court thejudge held that the acts of the fish salesman were in thenature of surgical, not of medical, attendance, and thereforewere not of such a nature that the Society could recover apenalty for their performance without its licence. Againstthis judgment the Society appealed, but the DivisionalCourt has dismissed its appeal with costs on the groundthat the county court judge had found as a fact that theacts complained of were surgical and that the finding wasnot one with which the court could interfere.

-Dentists’ Qualifications : Prosecettiort at Leicester.At Leicester police court on Oct. 28th Lester Harry Lloyd,

Rutland-street, was summoned for using a false descriptionimplying that he was a registered dentist. There were sum-monses in respect of three notices, the first being ’’ Dentistrynotice-Mr. Lloyd’s only address is now 62, Rutland-street";the second ’ Perfect and painless dentistry-Mr. Lloyd hasremoved from Gallowtree Gate to 62, Rutland-street " ; andthe third, " Mr. Lloyd, many years in Gallowtree Gate; pain-less treatment of mouth and teeth; makers of high-classartificial teeth." Mr. P. C. Sandlands prosecuted on behalfof the British Dental Association and Mr. W. F. Curtisdefended. Mr. Sandlands said that the British Dental Associa-tion was a society which existed partly for the protection ofits members, partly to govern and to look after the customsand habits of the dentists of the country, and also to see thatthe public were properly protected by preventing personswho were not qualified from imposing on the public as ifthey were. The question for the bench in this case was asto whether the style or description of the notices led people tosuppose that the defendant was registered under the DentistsAct or that he was a person specially qualified to practisedentistry. He contended that the words painless dentistry

"

used by the defendant suggested that he was qualified underthe Act. Mr. G. Atkinson, solicitor, Birmingham, gave evidencethat the defendant was not on the Dental Register. Thepublication of the notices having been proved, Mr. Curtis,for the defence, submitted that no offence had been com-mitted. Mr. Lloyd, sworn, said that he knew the provisionsof the Act and had always endeavoured to avoid makinghimself liable under them. He thought that he was quiteentitled to use the words painless dentistry." Mr. AldermanVincent: Don’t you think a statement of this kind impliesthat he is a person specially qualified to practise dentistry ? Mr. Curtis: No, sir. The bench convicted in the first caseand fined the defendant 20s. and 5 guineas costs. The secondcase was withdrawn and in the third the defendant was fined20s. and ordinary court costs.

1393LOOKING BACK.-BRITISH MEDICAL BENEVOLENT FUND.

Looking Back.FROM

THE LANCET, SATURDAY, NOV. 6th, 1830.

APPLICATION OF THE LIGATURE IN EPILEPSY, ATTENDEDWITH AURA EPILEPTICA.

The Decadas de Medic. y Cirurgia Pract. contain the caseof a girl about fourteen years of age, who, for nearly half ayear, had been subject to monthly epileptic fits, with auraepileptica ascending from the fourth finger of the left hand,and extending up the arm to the head ; the sensation of aurawas always preceded by acute pain in the finger ; the fitsvaried in violence, but always left the patient in a state ofgreat prostration, &c. She had not yet menstruated, and asthere was no other cause of the disease, the medicalattendant ascribed it to the non-appearance of the menses,and treated it accordingly, advising however, at the sametime, the use of the ligature above the finger, as soon as

the pain was felt. In this manner the fit was always pre-vented, except when the ligature was not applied soonenough, or when the constriction was not of sufficient

strength; the ligature was subsequently applied round thewrist, and thus never failed to act as a prophylactic up tothe time when menstruation appeared, after which there wasno recurrence of the fits.-Lanc. Franç.

BRITISH MEDICAL BENEVOLENT FUND.

AT the October meeting 21 applications were received bythe committee and sums amounting to £146 voted in relief,one case being passed over and three postponed for furtherinquiry. Three new annuities of ;E20 were created andselected candidates appointed to them. Appended is an

abstract of the cases relieved by grants :-Widow, aged 41 years, of M.R.C.S. Eng., L.R.C.P. Edin., who has

recently died of new growth. No income ; endeavours to supportherself by keeping a small shop. One child dependent. Voted £12.Wife, aged 50 years, of L.S.A., who is confined to an asylum. No

income; no children. Small savings quite exhausted; earns a fewshillings occasionally by needlework. Voted £12.Daughter, aged 41 years, of L.F.P.S. Glasg. Has held posts as

governess, companion, &c., but is in delicate health and at present outof work. Voted 22.Daughter, aged 48 years, of late M.R.C.S. Eng., L.R.C.P. Edin. Was

a governess for many years but has had to nurse her mother through along illness recently ending in death and is now broken down in health.Voted m2.Widow, aged 48 years, of M.R.C.S., L.R.C.P. Has a small nursing

home but is in temporary difficulties owing to unavoidable expenses.Income L25 a year. Relieved once, £10. Voted £5.Widow, aged 73 years, of M.D. Glasg. No income and dependent on

letting lodgings in a small house of which she has acquired the lease.Children unable to help. Relieved five times, ;E26. Voted £5.Daughter, aged 64 years, of late M.R.C.S. No income. Supported

herself as a governess for 25 years, and for the last 20 years has doneChurch work; is now obliged to take a complete rest. Relieved fourtimes, .c42. Voted 212.Widow, aged 52 years, of M.R.C.S., L.S.A. No income ; no children;

health too indifferent to earn a living. Relieved five times, B46.Voted £10.M.D. St. Andrews, aged 83 years. Has been disabled for 20 years.

Joint income of applicant and wife less than RI a week. Relieved once,212. Voted 212.Widow, aged 48 years, of L.S.A. Quite unprovided for at husband’s

death from new growth a few years ago and unable to follow anyemployment on account of physical infirmities. Slight help from son.Relieved three times, :E38. Voted :E12.Widow, aged 68 years, of M.D. St. Andrews. Has supported herself

since husband’s death many years ago by nursing mental cases but atpresent has no patients. Relieved once, ;E20. Voted :EI0.Wife, aged 44 years, of M.R.C.S., L.S.A., who is confined te a county

asylum. Endeavours to support herself by keeping a small fancy shopand receives a little help from friends. Six children, aged 14 to six years.Relieved once, .B12. Voted £12.Widow, aged 44 years, of L.F.P.S. Glasg. No income. Slight help

from children. Indifferent health. Relieved five times, B46.Voted 412.Daughter, aged 38 years, ofL.R.C.P., L.R.C.S. Edin. Has endeavoured

to support herself by nursing but earnings are very small and she isnow seeking a situation as companion. Relieved five times, £46.Voted 24.Daughter, aged 59 years, of late M.R.C.S. Receives slight help from

friends and does a little knitting but is in very delicate health.Relieved four times, £48. Voted £6.Daughter, aged 33 years, of late M.D. Glasg. Has endeavoured to

support herself by nursing, but is in ill-health and at present confinedto bed. Relieved four times, :E41. Voted :C2, and recommended toseek admission to a hospital.Daughter, aged 24 years, of late M.R.C.S., L.S.A. No income and

broken down physically and mentally through nursing mother duringa long illness ending in death. Has been for several weeks in a Londonhospital. Relieved once, ;B5. Voted JB6, with leave to apply again insix months if necessary.

VITAL STATISTICS.

HEALTH OF ENGLISH TOWNS.

IN 76 of the largest English towns 8496 births and 4763deaths were registered during the week ending Oct. 31st.The annual rate of mortality in these towns, which hadbeen equal to 12 - 8, 13 - 9, and 13 - 8 per 1000 in the threepreceding weeks, rose to 15’ 3 in the week under notice.During the first five weeks of the current quarter theannual death-rate in these towns averaged 13’ 8 per 1000,and in London the mean rate in the same period did notexceed 12. 9. The lowest annual death-rates in thesetowns last week were 3’ 8 in Hastings, 3’ 9 in Burton-on-Trent, 5’ 3 in King’s Norton, and 6’ 2 in Hornsey ; the ratesin the other towns ranged upwards, however, to 23 - 9 inPreston, 24 1 in Warrington, 25. 5 in Stockport, and 27’ 7in Middlesbrough. In London the death-rate during theweek was 15’ 2. The 4763 deaths from all causes inthe 76 towns showed an increase of 464 upon the lownumber in the previous week, and included 567 whichwere referred to the principal epidemic diseases, against613 and 521 in the two preceding weeks ; of these 567 deaths,311 resulted from diarrhoea, 80 from measles, 67 from diph-theria, 44 from "fever " (principally enteric), 33 from scarletfever, and 32 from whooping-cough, but not one from small-pox. The deaths referred to these epidemic diseases duringthe week were equal to an annual rate of 1. 8 per 1000,against 2 ’ 0 and 1’ 7 in the two preceding weeks; in Londonthe death-rate from these diseases last week did not exceed1’ 5 per 1000. No death from any of these epidemic diseaseswas registered last week in Southampton, Halifax, North- ’ampton, Hornsey, or in five other smaller towns; the annualdeath-rate therefrom, however, ranged upwards in theother large towns to 6’1 in Bootle, 6-5 5 in Black-burn, 6’6 6 in Stockport, and 7.6 in Middlesbrough.The deaths attributed to diarrhoea in the 76 townsshowed a further decline of 24 from the numbers in thetwo preceding weeks ; this disease, however, caused annualdeath-rates during the week equal to 3 6 per 1000 in

Grimsby, 4 . 0 in Burnley, 4. 1 in Stockport, and 4. 2 inBlackburn. The 80 fatal cases of measles showed anincrease of 25 upon the number returned in each of the twoprevious weeks, the highest death-rates therefrom being 1. 6in Rotherham, 1’ 8 in Rochdale, 2’ 0 in Stockport, 2 - 2 inHuddersfield, and 4 ’ 0 in Middlesbrough. The deaths from

diphtheria, which had been 28, 32, and 52 in the three

preceding weeks, further rose to 67 in the week undernotice, and caused annual rates equal to 1-3 in

King’s Norton, 1 - 5 in Bootle, 1 - 7 in Norwich, and2. 3 in Hanley. The deaths referred to "fever" " alsoshowed a considerable increase, and caused annual rates

equal to 1.1 in St. Helens and in Huddersfield, 1.2 inWalthamstow, and 1’6 6 in Rotherham. The 33 deaths fromscarlet fever also showed some increase, the three in Bootlebeing equal to an annual rate of 2’3 per 1000. The 32deaths from whooping-cough were again below the average.The number of scarlet fever patients under treatment in theMetropolitan Asylums and the London Fever Hospitals,which had steadily increased in the eight preceding weeksfrom 2855 to 3761, further increased to 3833 on Satur-day, Oct. 31st; the number of new cases of this diseaseadmitted to these hospitals during the week under noticewas 507, against 502 and 378 in the two precedingweeks. The deaths in London referred to pneumoniaand other diseases of the respiratory organs, whichhad been 159 and 225 in the two preceding weeks,further rose during the week under notice to 266,but were nine below the corrected average number in thecorresponding week of the five years 1903-07. Thecauses of 38, or 0 - 8 per cent., of the deaths registeredin the 76 towns last week were not certified either by aregistered medical practitioner or by a coroner. All thecauses of death during the week were again dulycertified in Leeds, Bristol, West Ham, Bradford, Hull,Newcastle-on-Tyne, and in 50 other smaller towns; the 38uncertified causes of death included, however, nine in