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174
possess of compelling the removal of the sick to
hospital. But it may be admitted that the exercise
of even the most stringent powers must necessarily
fail to a large extent to secure the desired object.
Fortunately, in a very large number of cases the
removal of our own dangerous patients is secured
by the judicious advice and firm action of the Inspectors
of Nuisances. But there are cases where all
such advice fails, and unfortunately these are often
cases for the necessity of removal of which there is
the most pressing need. The enactment giving
power of compulsory removal is limited in its operation
to persons who, suffering from dangerous contagious
or infectious disorder, are without proper
lodging or accommodation, or are lodged in a room
occupied by more than one fa?nily. Now it is well
recognised that this enactment has reference to the
needs of the patient and not to the safety of the
persons with whom he lives; and that hence a medical
man is not justified in certifying that the patient
is without proper lodging or accommodation unless
the room in which he is lying is unfit for living in,
or in some way or other contravenes express provisions
of the Sanitary Acts, and a magistrate will
refuse to make an order for his removal unless the
circumstances of the case be exceptionally bad.