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the person charged; and if any such article appears to such Medical
Officer or Sanitary Inspector to be diseased, unsound or unwholesome
or unfit for the food of man, he may seize and carry away the same
himself, or by an assistant in order to have the same dealt with by
a justice. (2) If it appears to a justice that any article which has
been seized, or is liable to be seized under this section, is diseased,
or unsound or unwholesome, or unfit for the food of man, he shall
condemn the same and order it to be destroyed. As most London
magistrates take a different view of the law on the subject, the Board
resolved that an application be made to the Court for a mandamus,
to compel the magistrate to state a case. The case was heard before
a Divisional Court towards the end of the year.
Mr. H. Sutton who showed cause, contended that the magistrate
was justified in finding that at the time the strawberries were
seized, they were not intended for the food of man.
Mr. Muir, who appeared for the Board, said that a condemnation
order was a condition precedent to taking out a summons against the
owner of the article, and contended that all the magistrate had to do
upon the application for a condemnation order was to satisfy himself
that the article in question was unfit for the food of man, and that it
was not until a summons had been issued that he had jurisdiction to
enquire whether the article was intended for the food of man or
not. This was a point of law and the magistrate was bound to state
a case for the opinion of the High Court upon it. The court was of
this opinion, and gave judgment in favour of this contention. The
magistrate will therefore have to state a case to be argued before the
High Court.
MORTUARY.—The number of bodies deposited in the
Mortuary during the year was 261. 189 were removed to the
Mortuary by the Coroner's orders. 49 by the Police, 14 by the
Medical Officer of Health, 7 by Relieving Officers, 2 by friends
for the sake of convenience. 9 bodies were deposited in the part
of the Mortuary set apart for Infectious Cases; 6 of the deaths
were due to Diphtheria, 3 from Typhoid Fever.
241 Inquests were held and 32 post mortem examinations