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for an appeal, the application was renewed at the end of the
month before Mr. Justice Cave and Mr. Justice Kay, sitting as
a Divisional Court, in the form of an appeal by the plaintiffs from
an order by Mr. Justice Bowen, "adjourning till the trial of the
action, a motion for an injunction to restrain the defendants from
using their hospital at Fulham, for the reception of small-pox
patients." The appeal was partially successful, the plaintiffs
indeed obtaining more probably than they expected, for they would
have been satisfied at one time had the hospital been confined
to the use of patients residing in the borough; whereas, by the
Order of the Court, the Managers were and are restrained, until
the hearing of the cause or further order, from bringing any
patient to the hospital from any district lying beyond a radius of
one mile from the building, a limitation which excludes large
portions of Chelsea, Kensington, and Fulham, and the whole of
Hammersmith, which is an integral part of the "Fulham
District." This Order, "without prejudice to any question,
in the cause" was made on September 5th, the Court having
adjourned to enable the parties to come to an arrangement,
which in the circumstances was a foregone impossibility. The
case came before the Court of Appeal in December the Managers
having appealed against the interim limited injunction, but the
decision of the Divisional Court was unanimously sustained by the
Judges. The result of this litigation so far, has been to throw
upon the Deptford, Stockwell, and Homerton hospitals, with the
"Atlas" ship hospital, the burden of providing accommodation for
all the small-pox cases under the care of the Managers. Fortunately
so far, these hospitals have proved sufficient for the occasion, the
disease having continuously declined, and being, at the present
writing (June) at a low ebb. The above-mentioned hospitals,
however, supplemented by the London Small-pox Hospital, and the
Poplar Hospital at West Ham and a few small local hospitals,
would prove quite inadequate for the requirements of the Metropolis,
should there be a recrudescence of the epidemic, of which happily
there is no present sign. Probably Hampstead Hospital might
be made available, if it were required; and should a necessity
arise a "further order" would doubtless be sought to reopen
Fulham, should the hearing of the cause be much delayed. My
own impression, however, is that the case will probably not go to