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MILDENHALL COUNTY COURT

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Page 1: MILDENHALL COUNTY COURT

136

Since our arrival the temperature has been very variable,but as a general rule has been oppressively hot in the daytime,cool in the evening and at night. In the daytime in the shadefor severa] days the thermometer stood at 92° Fahr., and twiceit has reached 102° Fahr. in the shade, falling from 25° to 30°an hour after sunset. A breeze usually springs up three orfour hours after sunrise, and continues through the day. Whenthis has been absent, the heat has been most oppressive. Withthe exception of one or two thunderstorms, the weather hasbeen clear and dry. The sun appears to exert a peculiarlyscorching effect on the skin, so much so that men who haveexposed themselves to it, whether while bathing, or washingclothes, or otherwise, have been temporarily disabled, by blis-tered backs, &c. Sores on the lips have been very frequentfrom the same cause, and sometimes on the lower lip, verytroublesome to heal, from the numerous sources of irritation towhich the ulcerated skin in that part is necessarily exposed.

Although there has not been any prevalence of seriousdisease, there has been no small amount of fever, chiefly of anintermittent type, and of bowel complaints. For some weeks

past diarrhoea has prevailed in the regiments of this division, thesymptoms, in a few instances, approaching those of Asiaticcholera, but by the timely attention of the regimental surgeonsand ordinary remedies, the disease, in the greater number ofcases, has been readily checked. From the date of leavingVarna, the commissariat supplies have been most irregular; fordays together nothing could be had but the bare ration ofbread and meat, both, especially the beef, of an inferior quality;so that it has depended upon the zeal and activity of the com-manding officers, often upon accident, whether any farinaceousor vegetable food could be got to mix wi.h the meat, and to makeit palatable or nutritious. The people of the country are nowbringing onions for sale in abundance, and barley and rye-flouris to be obtained at the mills at a reasonable price. Moreover,during the present month, a ration of coffee and sugar has beenadded to the meat and bread, to form a morning meal, so thatwe may hope to get on better for the future. Beef amongst thenatives is scarcely eaten at all, and only by the poorest; theox and the buffalo are especially the beasts of draught of thecountry. Its flesh is therefore tough, dry, and by no meansnutritious as compared with what it would be under other cir-cumstances. Lamb, mutton, kid, and poultry of all kinds con-stitute the ordinary diet amongst the well-fed classes. Their

cookery seems to be chiefly after the Italian style, the ap-pearance of the dishes being modified by the necessity of havingthe meat divided into small pieces to make up for the absenceof knives and forks, and to enable each convive to take his shareout of the common dish. They are well-cooked and wholesome,however, which is the main point. In the Turkish regimentseach battalion has its large cooking-tent to protect the firesand food from the rain and weather, and a whole company’smess is cooked in one large cauldron, just as ours is when aregiment is quartered in barracks. With us in the field thesoldier has small means at his command for cookery, eighteenor twenty small camp-kettles per company of one hundred menbeing all his apparatus, and his fire on the ground, without anyprotection against weather. The company’s cook has no easytask to make good soup in these eighteen pots, and c’est le soupequi fait le sold at. Some cereal, with vegetable and condiment,ought always to be considered essential additions to the kettleof meat and water. By particular attention to the diet, thereis no doubt a nominally small force may be kept as effective asa much larger force without such care; and the true effectivestate of an army cannot be told by the mere statistical detailof so many left behind sick in general-hospital, so many inregimental-hospital, &c. The strength of constitution, thepower to resist morbific influences, if they should come, inshort, the degree of health of those reported healthy, must betaken into account. We have not arrived at sufficient precisionto show this by figures. Besides the want, hitherto, of a regularsupply of good diet, another evil has been the inferior countrywine which the soldiers have obtained from the canteens of thesutlers, who are generally Italians or Greeks, of by no meansa very respectable character. Even a wholesome spirit wouldbe less hurtful. Beer was promised in England, and largequantities were sent out, but all that the troops of this divisionhave been able to obtain, (other divisions have contrived to bemore fortunate,) since leaving England, has been three days’allowance of one pint per man. Medical officers have recom-mended it, commanding officers applied for it, but even atcamp Aledyn, eight or nine miles from Varna, where a monthwas spent, and though there were ships full in the bay, nonecould be got. The cost of transport divided amongst theregiments would have hardly added any perceptible price tothe porter when issued, if, the commissariat transport failing,

they could have succeeded in getting it issued to them at Varna,and had been allowed to bring it on at their own expense. Insome degree the absence of other supplies would have thus beencounterbalanced, and the men fortified as well by the porteritself as by not spending their surplus pay in the trash dignifiedby the name of wine.

It has given general satisfaction to hear that the brigade ofhospital conveyance carts is on its way; it will supply manywants. Prav that it may not be thought too great an innova-tion on peninsular customs. I regret that two divisions onlyare to be supplied; for, should there be an action, it is not iin-likely that the carts and waggons would be more distributedthan has been contemplated, and the value and efficiency of thebrigade therefore not fairly tested. At present there is not asingle conveyance for the sick here; those ordered to thegeneral-hospital at Varna have to be conveyed by the returncommissariat bullock-carts-machines of the most primitive andcumbrous description. On the occasion of a fractured tibia andfibula at Aledyn, the patient had to be carried on a stretcher,and nine miles over a bad road on a moonless night would havenot been exactly what Mr. Pott would have recommended insuch a case. However, if a similar accident were to occurto-morrow, no choice would be left but to adopt the same planof carrying the unfortunate soldier to Varna. It would bemuch better than conveyance by a bullock-cart.

There have been two or three additions to the strength ofthe division by childbirth. It is strange how well the womenof the different corps have borne up against all kinds of ex-posure. Well for them it is that they have had good health.Those regiments which made arrangements for not permittingany women to accompany them not only acted wisely andwith forethought, but, as experience proves, most kindly tothe women themselves.

MILDENHALL COUNTY COURT.JULY 25TH, 1854.

MEDICAL ATTENDANCE, ETC., ON SERVANTS. - ALDRICH ANDHARRIS Versus SEABER.

THIS was an action for lecovery of £ 11 Os. 6d., the amountof plaintiff’s bill for attendance on the defendant’s housekeeper,who had broken her leg. Mr. Partridge appeared for the

plaintiffs, and Mr. Salmon for the defendant. Mr. Eagle wasthe presiding judge.JOHN SAKENS. - I was sent for by Mr. Seaber to go to

Mildenhall for a doctor. He said I was to go for any doctorthere was in the town. I was to get the parish doctor if I could,as he was generally reckoned the best doctor. I said, " Whois the parish doctor?" Mr. Seaber replied, "I don’t know whohe is, but call at the relieving-officer’s, as you must pass hishouse, and ask him who he is." I called upon the relieving-officer, who told me where to go. I did not askfor ccyz orderfor the parish doctor, nor zcas I requested to do so. I told therelieving-officer Mr. Seaber had sent me to get a doctor toattend Mrs. Winter, who had broken her leg.’ FREDERICK HILLS HARRIS.-In August last, Sakens cameto me to say I was to go to Mr. Seaber’s to attend his house-keeper, who had broken her leg. He said Mr. Seaber had senthim. I attended her from the 23rd of August to the 26th ofSeptember. My charges were 10s. 6d. for each attendance-viz., Is. per mile for a journey, and 3s. for attendance, whichincludes all medicines, lotions, &c., necessary for the case. Ihad to travel seven miles and a half into the fen. I alsocharged three guineas for setting the leg.Cross-examined. -My partner and myself are the parish

surgeons. There have been always two distinct medical dis-tricts, which are as distinct now as they were before thepartnership. We each keep separate district report-books forthe board, as we did before the partnership, by the request ofthe Poor-Law Commissioners. I never attended at Mr. Seaber’shouse before. I believe Mr. Pearson, of Ely, is his usual medicalattendant. I have also heard of Mr. Robinson’s attendance.I cannot say what passed between Mr. Seaber and myselfwhen I first went to his house. When I am sent-for by themaster to attend a servant, I charge the master; I look thento the master for payment in every case. I had a conversationwith Mr. Seaber on the 5th of September. I complained tohim I had not sufficient assistance, wanting another nurse.He said I had better get some one from the union to attendas nurse. I told him I was not attending the case as parishsurgeon. He said I was. I then told him I was not parish ,surgeon for that part of the district, and even if I was, I hadno order from the relieving-officer. He said he should not pay

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me. I consequently said I should not continue my attendance,and that he had better apply to some other medical gentleman.This was on the 5th of September. I advised Mr. Seaber toobtain surgical assistance by the 7th, when the case, at latest,ought to be visited again. I mentioned the circumstance, onmy return home, to a legal friend, who considered I was boundto continue the case thoughout, having commenced it, or Imight render myself liable for damages, supposing the case notto do well afterwards. On the 7th, late in the day, I went tosee if any other doctor had been obtained by Mr. Seaber,and finding from him no one had even been applied to toattend the case, I in consequence gave Mr. Seaber to under-stand that I considered myself both legally and morallyresponsible; and unless he would give me a written order notto attend the case further, I should resume my duties, and athis expense. He said he should give me no written order, andthat I could do as I pleased about it, but that he should notpay me. I then went on to the end of the case. I applied atChristmas to Mr. Seaber for payment of the bill, but heobjected to pay. He said he should not pay it except theCounty Court ordered it. I did not say it was a novel case,and that therefore I should take it into the County Court.Re-examined.-My partner attends one district of the union,

and I attend the other. My district does not include Mr.Seaber’s residence. It is usual in the case of a pauper, afteran order has been given, to attend such case, and to report itweekly to the board. I did not so report this case. I neverattend a parish case without a written or printed order ; if I did so I should not get paid. I

Mrs. WINTER (defendant’s late housekeeper.)—I was domesticservant to Mr. Seaber in August last. I met with an accidentin carrying water; I was then in his service.

Cross-examined.-I sent for my master, and asked him tosend for the doctor directly. I had X12 a year wages. I ama widow.Re-examined.-Mr. Seaber never said I was to pay the

doctor.This was the plaintiff’s case; and Mr. Salmon, then address-

ing the court on the part of the defendant, contended that hewas not liable, Mr. Seaber only having done that which everymaster does in a case of illness in his family, and which wouldbe done in few cases if his Honour determined that masterswere in all such cases liable to pay.JOHN SEABER (the defendant) examined.-Mrs. Winter lived

with me in August last. She broke her leg at that time. Shesent for me, and hoped I would send for a doctor. I sentfor Sakens, and ordered him to go to Mildenhall for a doctor.I told him to go to the relieving-officer, who would tell himwhat to do. I never gave Mr. Harris to understand I intendedto pay him. He was a stranger to me. After the conversa-tion on the 5th of September, Mr. Harris came six times to I

my house. He asked me if I was of the same mind as to pay-ing him ? I said I was. He replied it was a new case, andhe should like to take it into the County Court.Cross-examined. -When a parish doctor attends a case, I

did not know it was necessary that the relieving-officer shouldgive an order. I will not swear that I told Sakens to go forthe parish doctor in this case, but I might have done so. I saidif I had to pay this bill I should have a lot to pay. I nevertried to shift the payment on to Mrs. Winter.Mr. G. R. WILDE, Mildenhall, surgeon.-I have been in

practice thirty-six years. I never considered I had a claim onthe master when I was sent for to attend a servant, and Inever make out a bill against the master in any such case,unless he undertook to pay. ,

Dr. PEARSON, of Ely. -When I am sent for to attend servants,I charge them, although sent for by the master, unless hepreviously undertakes to pay. It is not a customary or usualpractice to do so; and when the servants could not pay, I lostthe money.Cross-examined.-I know nothing of this case. I was not

sent for on the 5th of September to attend the housekeeper.His HONOUR laid it down as clear law, that if a master sent

for a doctor, he was liable to pay for the attendance; and itappeared clear by the evidence of Sakens, that he went to Mr.Harris as from Mr. Seaber, and which in fact the evidence ofMr. Seaber confirms. Not only in law, but injustice, did he con-sider the defendant liable; for he considered it very hard thatmedical men should not be paid when they are at the beckand call of any person who may choose to send for their assist-ance ; and if they refused to go, they became subject to a gene-ral outcry throughout the country for their want of humanityand Christian feeling. With respect to Mr. Harris’s attend-ance after the conversation on the 5th with Mr. Seaber, heshould himself have considered it very unfeeling had the attend-

ance not been continued after finding that Mr. Seaber had notsent for other medical aid. He therefore considered the

plaintiffs entitled to their claim for the whole amount, withcosts.The verdict, together with his Honour’s foregoing observa-

tions, gave rise to expressions of much satisfaction throughoutthe court, which was very full.

THE NEW MEDICAL REFORM BILL.OPINIONS OF THE NORTH WALES BRANCH OF THE PROVINCIAL

MEDICAL AND SURGICAL ASSOCIATION.

IN consequence of the suggestion of Sir John Forbes, M.D.,F.R.S., &c. &c., that the new scheme of a Bill for Regulatingthe Medical Profession in Great Britain and Ireland should besubmitted to the consideration of the North Wales Branch ofthe Association, a meeting of as many of its members as couldconveniently be assembled accordingly took place, for the

purpose of discussing its merits; the result of which was, thatwe, the undersigned members of the Association, and otherpractitioners, hereby record our united and unanimous opinionson the same.

1. That we consider the Bill not only inexpedient and per-plexing, but probably injurious, by interfering with the existingmedical institutions of the country, which we are fearful it iscalculated much to embarrass, and even to subvert. The de-sirable object would be to place the whole of the universitiesand colleges upon the same footing-that they should enjoythe same immunities and privileges-be regulated by the samelaws, and that supremacy should not be given to one morethan another; this course is desirable rather than the framingof new institutions, or changing their governing bodies; and itis with regret we see in this new Bill that the old-establishedand venerable institution of the Apothecaries’ Company istotally superseded, although it has been the means of raisingthe status of the profession more than any other institution,but requiring only a new nomenclature to give it that suitabledignity which it is so justly entitled to-the appellation of" The Royal College of Medicine. "

2. That if, notwithstanding, it should be deemed expedient,by the majority of the medical fraternity, to establish a newinstitution, we freely concur with the general preamble of theBill-viz., "That all properly-educated persons in the medicalprofession should be put on the same footing throughout theUnited Kingdom, and be free to practise all the branches ofthe profession in any and every part thereof."

3. But, passing over all the clauses from 1 to 12, we see noreason for abandoning the hitherto old-established period of themajority of the candidate for the fitness of his examination-viz.,the age of twenty-one, and that he should be restricted to theage of twenty-two, the advantage of an additional year’s delaynot being commensurate with the inconvenience or economy ofhis protracted and expensive studies.

4. Clause 23. It is our opinion that the degree of ’’ Doctorin Medicine" should be restricted exclusively to persons whohave been long engaged in the practice of their profession-sayten years, and that it should be the invariable igsignia orbadge of experience only; and should not be awarded to juniorcandidates possessing merely rudimental or elementary know-ledge, but to those having a through practical acquaintancewith, and knowledge of, diseases, acquired not only in privatepractice, but in connexion with a public institution, as honorarysurgeon for two or more years to an infirmary or dispensary;and that candidates under those circumstances should not be

subjected to a second examination; but, if insisted upon by themajority of the senatus, then merely a written one should besufficient, embracing strictly practical subjects; that a thesisshould be written, either in Latin or English, (as the choice ofthe candidate may be,) upon any disease he may think properto select himself, embracing some novel views from his ownpractical experience, paying the ordinary fee for the diploma.

5. That the same privilege, of granting the degree of"Doctor," be also extended to surgery and midwifery-eachdistinct and several as he may desire, according to the sameroutine of requirements as already laid down for " Doctor inMedicine," the one choosing for his thesis a surgical disease forhis diploma of "Doctor in Surgery," and the other his thesisin midwifery for the " Doctor in Midwifery" degree.

6. We consider an oral, or, in fact, any other examinationfor any doctor’s degree, whether medicine, surgery, or mid-wifery, in the case of an established practitioner, as humiliatingand vexatious, after having had his knowledge previously at-tested to by a Board of Examiners, according to the regulations

laid down by the Medical Council in this Bill, and also those of


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