London's Pulse: Medical Officer of Health reports 1848-1972

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Kensington 1907

[Report of the Medical Officer of Health for Kensington Borough]

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86
Power to inspect Cows and to take samples of Milk. Section 25.—The County Council's
Medical Officer may (if accompanied by a properly qualified Veterinary Surgeon), enter
a "dairy," and inspect the cows kept therein—if milk therefrom is being sold, or is suffered to
be sold, or used within the County—and if he has reason to suspect that any cow is suffering
from tuberculosis of the udder, he may require the cow to be milked in his presence and take
samples of the milk (sub-section (1)); and if he is of opinion that tuberculosis is, or is likely to
be caused from the consumption of milk supplied from a dairy within, or outside, the County,
measures necessary for the protection of public health are to be taken, whicb, with consequent
procedure, are set out in sub-sections (2) to (10). Provision is made in section 26 for
appeal by the dairyman against an order which may be made by the Council under sub-section
(2) requiring him not to supply milk, within the County, from the dairy, or from any specified
cow or cows, until the order has been withdrawn; and, in section 27, for compensation to the
dairyman if an order is made without due cause, or if the Council unreasonably refuse to withdraw
the order. Liability to a penalty not exceeding ten pouuds is incurred by any person
knowingly selling, or suffering to be sold, or used for human consumption, within the County,
the milk of any cow which is suffering from tuberculosis of the udder (section 28); and liability
to a penalty not exceeding five pounds for failing to isolate diseased cows (section (29)), and to
one not exceeding forty shillings for failing to give written notice to the Medical Officer of any
cow affected with, or suspected to have, tuberculosis of the udder (30). The remaining sections
of Part IV have reference to Notice of the provisions of the Act to be given by advertisement,
etc. (31); to Procedure (32); Expenses (33): Execution of the Part (iv) by a Committee (34),
and as to exercise of powers within the City of London (35).*
Part XII.—Miscellaneous.
Supply of Water in tenement houses.—Section 48 of the Public Health (London) Act, 1891,
enacts that "an occupied house without a proper and sufficient supply of water shall be a nuisance
liable to be dealt with summarily "under the Act. This enactment has received an important extension,
as regards tenement houses, by Section 78 of the County Council (General Powers) Act, 1907,
which (inter alia) enacts that—
"A tenement house shall be deemed to be a house without a proper and sufficient
supply of water unless there shall be provided on the storey or one of the storeys in which the
rooms or lodgings in the separate occupation of each family occupying such house are situate
a sufficient provision for the supply of water for domestic purposes
"Provided that this section shall not apply to any tenement house in respect of which it
can be shown that any such provision for the supply of water as aforesaid is not reasonably
necessary."
Contradictory decisions had been given by magistrates as to what constitutes a "proper and
sufficient supply of water" in a tenement house. In December, 1904, the Woolwich Borough Council
obtained a conviction and an order in a case where a three-storeyed tenement house, having
six rooms occupied by five families, was supplied with water from a stand-pipe in a yard approached
from the rear of the premises. The magistrate ruled that this was not a "proper and sufficient
supply," and directed that there should be a separate supply to each floor. In 1905 the same
question having been raised at St. Marylebone Police Court, on proceedings taken at the instance
of the Public Health Committee of the Paddington Borough Council, a decision adverse to the
views of the Woolwich magistrate was given, the summons being dismissed. The Paddington
Council thereupon urged the County Council to "take the necessary steps to secure an adequate
and accessible supply of water to floors in tenement houses," and 1 advised the Council to support
that body, by requesting the County Council to introduce a clause in their next General Powers Bill
to attain the object now, in principle, secured.
Part V.—Cleansing of Verminous Persons.
This subject was somewhat fully dealt with in the Annual Report for 1906, in connection
with the announced intention of the County Council to apply to Parliament for compulsory powers
to secure the cleansing of verminous school children, and inmates of common lodging-houses, classes
of the population under their jurisdiction. The powers conferred on the Council by their General
Powers Act, 1907, may be briefly summarised as follows:—
Cleansing of Children attending School, and of Inmates of Common Lodging-houses.
Power is given to the County Medical Officer (or his deputy) to examine the person and
clothing of any child in any school within the County, provided or maintained by the Council
as Local Education Authority; and if the person or clothing of any such child is found to be
infested with vermin, or is in a foul or filthy condition, to require, by notice in writing, the
parent or guardian to cleanse properly the person and clothing of such child within 24 hours.
In default, the Medical Officer may remove the child from the school, and "may cause the
* In the County Council (General Powers) Bill, 1908, additional powers in regard to the milk-snpply of the Metropolis
were sought, but, at the second reading stage, the clauses were ordered to be struck out, the President of the Local Government
Board having announced his intention to bring in a general Bill dealing with the milk supply.