*HILL and Others v. THE MANAGERS OF THE [433 METROPOLITAN ASYLUM DISTRICT.

Nuisance-Hospital for Infectious Diseases-Asylum established by Order of Local Government Board-Liability of Managers-Metropolitan Poor Act, 1867 (30 Vict. c. 6).

The defendants, under the powers given them by the Metropolitan Poor Act, 1867, built a hospital which they used for patients suffering from infectious diseases. In an action by adjacent landowners the jury found that the hospital was a nuisance to such landowners:

Held, by Pollock, B., first, that the act did not make the defendants mere irresponsible agents to carry out the orders of the Local Government Board so as to exempt them from liability.

Secondly, that they were not exempt on the ground that they acted bona fide in the discharge of a duty cast on them by the act.

FURTHER CONSIDERATION. The action was tried at the Middlesex Michaelmas Sittings, 1878, before Pollock, B., and a special jury. The plaintiffs were Sir Rowland Hill, 29 ENG. REP.

1