TENURE OF OFFICE OF SANITARY BY EDWARD S. MA Y, Sanitary Inspector, Ramsgate. IT will be unnecessary for me to refer in detail to the various Acts of Parliament and Orders relating to the appointment of Inspectors of Nuisances, as these are well known to most officers.† What I purpose doing is to refer to their 'tenure of office,' and also how, and in what manner, officers are affected by the latest General Orders issued by the Local Government Board, dated March 10 and 13, 1880. Article 9, of March 10, refers to the urban inspectors. It provides that 'Every officer shall continue to hold office for such period as the sanitary authority may, with the approval of the Local Government Board, determine, or until he die, or resign, or be removed by such authority with the assent of the Local Government Board, or by the Local Government Board.' The fourth clause of Article 6 provides that: 'In the case of any officer who holds his office for a specified term, the sanitary authority may provide for the continuance of such officer, or appoint his successor within three calendar months next before the expiration of such term.' Thus it is quite optional with the authority, who may appoint another person to take the office of the inspector before such term really expires. To any mind the 'Order' gives local authorities the power to do as they like with an officer, good, bad, or indifferent. Thus, after receiving an appointment, an officer finds himself completely in the power of the authority, or, at least, some of its niembers. And what is the result? I will endeavour to point out. I trust it will be understood that the following remarks are made with the view simply of opening up a discussion on the question of the ' tenure of office,' and of giving vent to a grievance, not only affecting ourselves, but in the result, seriously detrimental to the public. Further, these remarks are made with the hope, which the writer has in common with all his brother officers, that at no distant date a reform in the mode of appointment of all sanitary officers will be effected. How this is to be accomplished is a matter worthy of our consideration. For the present my opinions may be of little value, but like a house well drained or a sewer well laid and constructed, this subject will lose nothing by being 'well-ventilated.' Not only is it a subject for our own consideration, but in the interest of the community at large, is one also that seriously demands, and requires to be brought fully and prominently under the notice of the President of the Loca! Government Board. The appointments of registrars of births, deaths, and marriages, of relieving officers, of school attendance and inquiry officers, of vaccination officers and many others, are of a permanent character. Having myself held four of these offices, I am fairly puzzled to find a reason why a distinction, or exception should be made in the case of sanitary officers, who have far more onerous, serious and unpleasant obstacles to encounter in the discharge of their duties than any of the before-men A paper read before the Association of Public Sanitary Inspecbors, Dec. 1, 1883. This subject will be found to be fully dealt with in the SANITARY RECORD for April 15, 1883, P. 446. tioned officers, and ought therefore to be placed at least on an equal footing with them as regards tenure of office. What are the arguments then that may fairly be adduced in support of our wishes and desires that our appointments may be made secure and permanent? 1. The anxiety and worry continually felt while endeavouring fearlessly and faithfully to discharge our duties, that at the expiration of the term of our appointment we may be dismissed. We feel that our services are unrecognised, that the more we gain in experience, the more we become familiar with sanitary laws, the longer we study sanitary science, and are making ourselves more and more efficient for the office, the more surely are we approaching the time when, in the parlance of the so-called economists, our services are no longer required.' We have been for some tastes too energetic, too particular, too zealous, too officious and interfering (especially to small property owners), so that our services may be abruptly terminated and our post taken by another, who may not be possessed of such disagreeable qualities. It may be argued that a good officer has no fear of not being re-appointed at the end of each term. This may apply to some authorities who, acting conscientiously, are desirous to retain an efficient officer, but there are exceptions, or why do we so often hear of some good officer being superseded? These observations apply more particularly to provincial officers, as the writer is informed that the metropolitan officers are, with few exceptions, appointed permanently. It is obvious then, that in the metropolis at least, sanitary officers are free to discharge their duties in a more fearless and independent manner than their provincial brethren. 2. A sanitary officer, in the discharge of his duty, is, unlike the soldier, always in battle. The enemy he attacks is ever on the alert; and there are no traces to give the pursuer breathing time. This enemy, as you all know from experience, is zymotic disease, which we are always striving to destroy or render harmless. But with our hands shackled and trammelled, in a way so galling to the conscience, so injurious to our sense of right and truth, so impeding to the freedom and heartiness of our actions, how helpless the task appears at present! The time will come, however, when, as Dr. Richardson says, 'disease will be put down as unsparingly and as fearlessly as a judge or magistrate puts down crime.' An experienced doctor once said to me, 'he would as soon face the bullets on a battlefield as come in contact with small-pox infection, malignant fevers, or the deadly sewer or cesspool gas! The least reward that could be offered for the danger to which our calling exposes us is that our services should be permanently retained, so that we could feel encouraged to do our duty, and free from the risk or personal anxiety of being dismissed for good service. 3. The public for whom we labour, in whom we take deep interest (far more than sometimes they take for themselves), who have become, as it were, our teachers, and got us into good training, have they not some right or claim to the retention of our services when we do well? Are we not public servants in every sense of the word? It cannot be right that the public should be suddenly deprived of the services of an experienced public servant simply because his appointment was only made for a term, tempted to become careless and indifferent, energy gives way to lethargy, and this must be detrimental to the public, and ends in all probability in increased death-rates. 4. While the tenure of office is so uncertain, it opens the door to the admittance of men who may not be well qualified for the post, men who for the sake of retaining an appointment may wink at, or pass over glaring evils, so that particular members The remedy for all this appears, however, to lie may be induced to give them their votes and with ourselves. Each officer of this Association interest at their re-appointment. In provincial must do his best; others, who are not yet assotowns of small size it must be apparent, from the ciated, should become members, and then let us mixing up of private interests, that the sanitary combine and pull all together for the accomplishofficer, like other human beings not in a position of ment of the end in view. The first step, in my independence, if he values his office and is not too humble opinion, is a strong and influential deputaconscientious, is tempted to secure his re-appoint- tion to the President of the Local Government ment by a too lenient dealing with evils that urgently Board, asking that our appointments may be made call for remedy. If an officer studies his own permanent, and thus render our positions indepeninterests and desires to secure his re-election, he dent and free from local influences and prejudices. may work in accordance with the direction of the I say influential, because there are so many noble, wind. In other words, he must pander to the learned, and scientific gentlemen interested in sanischemes and whims of his masters, and sacrifice his tary laws and science who would, I think, most better feelings and self-respect, because he may readily assist us in this object if they found we were have a family who are depending upon him in earnest in trying to help ourselves. I feel certain for everything. But surely such a state of things that in districts where the sanitary officer is free and ought not to be allowed to exist or continue. It untrammelled, ten times the amount of sanitary must be obvious that with all this clashing of private work is accomplished as in districts where the interests, which now is so difficult to contend with, reverse is the case. and is so harassing to an officer, that he should above all considerations hold a permanent, secure, and independent appointment, so that he can act fearlessly, disinterestedly, and independently for the public good. It is quite a common occurrence, after action has advanced to a certain point, in procuring the abatement of a nuisance, or in getting some necessary alteration or amendment made, to find oneself checkmated by the very persons in authority who, ever mindful of the votes and not the voters, have themselves given their sanction to the necessary preliminary legal proceedings. 5. Not the least evil and difficulty which sanitary officers have to encounter is the yearly change in the constitution of members forming the sanitary committee. One year there may be on the committee a leaven of gentlemen who take great interest in all sanitary matters, and who also may hold independent positions, and are above the meanness of sharing in the petty jealousies and intrigue of the class before mentioned. From these gentlemen one meets with considerate treatment and encouragement to be energetic and alive to one's duty. But the next year the committee may be very differently constituted, and may be made up of men who have no aim but the gratification of their own sense of importance, or the petty vanity of being a public man; listening to no suggestions or advice from experienced and trained officers; ready at catching up the ideas of others, and using them to show off their own cleverness. These men are great obstacles to the work of a sanitary officer, for they know little of, and care less for, sanitary laws. They come to the committee-room with personal motives, pledged to oppose the officers in every way they can, ever ready to protect themselves and their own immediate friends, owners of property, or their brother tradesmen, from the lawful sanitary improvements that may be needful-men who never can smell anything bad, cannot see anything requiring to be done, never believe anything we eat or drink is adulterated or unsound; men who, in short, use their power over the officer, and exercise a constant, meddlesome surveillance and interference in committee and out of committee, simply to gratify themselves and their friends. The result is that the sanitary state of the district suffers, the officer is In brief, every sanitary officer should, like the Government inspectors of factories, be independent and free to carry out his duties honestly, fearlessly, and conscientiously, with tact, and with credit to himself, and, what is of greater importance, the benefiting of all around him; the health, the homes, the habits, and the general improvement of the public. PATENTS FOR SANITARY INVENTORS and patentees of sanitary contrivances ance. Application and Specification.-Any person whether a British subject or not, may make application for a patent, and two or more persons may make a joint application, and the patent may be granted to them jointly. (Section 4.) An application for a patent must be made on a form prescribed by the Act, and must contain a declaration to be made before a justice of the peace to the effect that the applicant is in possession of an invention whereof he claims to be the true and first inventor, and for which he desires a patent. The application must be accompanied by either a provisional or complete specification. A provisional specification must describe the nature of the invention, and be accompanied by drawings, if required. A complete specification, whether left on application or subsequently, must particularly describe and ascertain the nature of the invention, and in what manner it is to be performed, and must be accompanied by drawings, if required. A specification, whether provisional or complete, must commence with the title, and in the case of a complete specification must end with a distinct statement of the invention claimed. (Section 5.) The fee payable on application for provisional protection is 17.; or if a complete specification be filed with the first application, the fee is 47. and specification or specifications, with the drawings (if any) are to be open to public inspection. (Sect. tion 10.) Any person may at any time, within two months from the date of the advertisement of such acceptance, give notice of opposition to the grant Power of Comptroller to Refuse Application or of the patent, on the ground of the applicant Require Amendment.-All applications will be having obtained the invention from the opponent or referred by the comptroller to an examiner, who is from a person of whom he is the legal representative; to ascertain and report to the comptroller whether or that the invention has been patented in this the nature of the invention has been fairly described, country on an application of prior date; or that an and the application, specification, and drawings (if examiner has reported to the comptroller that the any) have been prepared in the prescribed manner, specification appeared to him to comprise the same and if the title sufficiently indicates the subject- invention as comprised in a specification bearing the matter of the invention. The comptroller may, on same or a similar title, and accompanying a previous receipt of the examiner's report, require the appli- application. When such notice is given the compcation, specification, or drawings to be amended be- troller, on the expiration of the two months, is to fore he proceeds with the application. The applicant decide on the case, after hearing the opponent and may appeal from his decision to the law officer-viz., | the applicant (if desirous to be heard). An appeal the Attorney-General or Solicitor-General, who, if may, however, be made to the law officer. (Sect. 11.) required, will hear the applicant and the comptroller, Sealing of Patent.-If there is no opposition, or and may make an order determining whether, and in case of opposition, if the determination be in subject to what conditions, if any, the application favour of the grant of a patent, the patent is to be shall be accepted. When an application has been sealed with the seal of the Patent Office. A patent accepted, the comptroller is to give notice thereof to is to be sealed as soon as may be, and not after the the applicant. If, after an application has been expiration of fifteen months from the date of applimade, but before a patent has been sealed, an cation, except where the sealing is delayed by an application is made accompanied by a specifica- appeal to the law officer, or by opposition to the tion bearing the same or a similar title, the grant of the patent, when the patent may be sealed examiner is to report whether the specification at such time as the law officer may direct. If the appears to him to comprise the same invention; person making the application dies before the exand where he reports in the affirmative, the comptrol- piration of the fifteen months, the patent may be ler is to give notice to the applicants that he has so granted to his legal representative and be sealed at reported, and may determine, subject to an appeal any time within twelve months after the death of the to the law officer, whether the invention comprised applicant. (Sect. 12.) Every patent is to be dated in both applications is the same. If so, he may and sealed as of the day of application, provided refuse to seal a patent on the application of the that no proceedings are to be taken in respect of an second applicant. (Section 7.) infringement committed before the publication of the complete specification. In case of more than one application for a patent for the same invention, the sealing of a patent on one of those applications will not prevent the sealing of a patent on an earlier application. (Sect. 13.) When an application has been accepted, the inventor has provisional protection in respect thereof. (Sect. 14.) After the acceptance of a complete specification, and until the date of sealing the patent or expiration of the time for sealing, the applicant will have the like privileges as if a patent had been sealed, but he will not be entitled to institute any proceedings for infringement unless and until the patent is granted. (Sect. 15.) Comparison of Provisional and Complete Specification. If the applicant does not leave a complete specification with his application, he may leave it at any subsequent time within nine months from the date of application. The further fee payable on filing the complete specification is 3. Unless a complete specification is left within the time, the application will be deemed to be abandoned. (Section 8.) Where a complete specification is left after a provisional specification, the comptroller is to refer both specifications to an examiner for the purpose of ascertaining whether the complete specification has been prepared in the prescribed manner, and whether the invention particularly described in the complete specification is substantially the same as that which is described in the provisional specification. If the conditions have not been complied with, the comptroller may refuse to accept the complete specification, unless and until it shall have been amended to his satisfaction. The applicant may, however, appeal to the law officer, and the latter must, if required, hear the applicant and the comptroller, and may make an order determining whether and subject to what conditions, if any, the complete specification shall be accepted. Unless a complete specification is accepted within twelve months from the date of application, then (save in the case of an appeal having been lodged against the refusal to accept) the application will, at the expiration of those twelve months, become void. (Section 9.) Opposition to Grant of Patent.-On the acceptance of the complete specification, the comptroller is to advertise the acceptance; and the application Act, Term of Patent.-The term of every patent is limited to fourteen years from its date, but will cease if the patentee fails to make the prescribed payments at the proper times. (Sect. 17.) These fees are 50%. on certificate of renewal before the end of four years from the date of the patent, and 100l. on certificate of renewal before the end of seven years, or, in the case of patents granted after the commencement of the before the end of eight years from the date of the patent. In lieu of the fees of 50l. and 100l., annual fees may be paid of 10. before the expiration respectively of the fourth, fifth, sixth, and seventh years from the date of the patent, 157. before the expiration of the eighth and ninth years, and 20/ before the expiration of the tenth, eleventh, twelfth, and thirteenth years. (Schedule 2 of the Act.) Amendment of Specification.-An applicant or a patentee may, from time to time, seek leave to amend his specification and drawings by way of disclaimer, correction, or explanation, stating the nature of such amendments and his reasons therefor. The request and the nature of the proposed amendment are to be advertised, and at any time within one month from its first advertisement any person may give notice of opposition to the amendment. When leave to amend is refused by the comptroller, the person making the request may appeal from his decision to the law officer. No amendment will be allowed that would make the specification, as amended, claim an invention substantially larger than, or substantially different from, that claimed by the specification as it stood before amendment. (Sect. 18.) Every amendment of a specification is to be duly advertised. (Sect. 21.) Compulsory Licences.-If, on the petition of any person interested, it is proved to the Board of Trade that by reason of the default of a patentee to grant licences on reasonable terms, (a) the patent is not being worked in the United Kingdom, or (b) the reasonable requirements of the public with respect to the invention cannot be supplied, or (c) any person is prevented from working or using to the best advantage an invention of which he is possessed, the Board may order the patentee to grant licences on such terms as to the amount of royalties, security for payment, or otherwise, as the Board, having regard to the nature of the invention, and the circumstances of the case, may deem just, and any such order may be enforced by mandamus. (Sect. 22.) Register of Patents.-A register of patents will be kept at the Patent Office, in which will be entered the names and addresses of grantees of patents, notifications of assignments and of transmissions of patents, of licences under patents, and of amendments, extensions, and revocations of patents, and other matters affecting the validity or proprietorship of patents, &c. Copies of deeds, licences, and any other documents affecting the proprietorship in letters patent or licences, must be supplied to the comptroller for filing in the Patent Office. (Sect. 23.) Extension of Term of Patent.-At least six months before the expiration of a patent, the patentee may, after due advertisement, petition her Majesty in Council for its extension for a further term. Any person may enter a caveat against the extension. If the Judicial Committee of the Privy Council report that the patentee has been inadequately remunerated by his patent, it may be extended for a further term not exceeding seven, or in exceptional cases fourteen, years; or a new patent may be granted for the term therein mentioned. (Sect. 25.) Revocation of Patent. The proceeding by scire facias to repeal a patent is abolished, but revocation of a patent may be obtained on petition to the court. A petition for revocation of a patent may be presented by: (a) The Attorney-General in England or Ireland, or the Lord Advocate in Scotland; (6) any person authorised by either of them; (c) any person alleging that the patent was obtained in fraud of his rights, or of the rights of any person under or through whom he claims; (d) any person alleging that he, or any person under or through whom he claims, was the true inventor of any invention included in the claim of the patentee; (e) any person alleging that he, or any person under, or through whom he claims an interest in any trade, business, or manufacture, had publicly manufactured, used, or sold, within this realm before the date of the patent, anything claimed by the patentee as his invention. Where a patent has been revoked on the ground of fraud, the comptroller may grant to the true inventor a patent in lieu of and bearing the same date as the date of revocation of the patent revoked; but the patent so granted will cease on the expiration of the term for which the revoked patent was granted. (Section 26.) Remedy in case of Groundless Threats of Legal Proceedings. Where any person claiming to be a patentee, by circulars, advertisements, or otherwise, threatens any other person with legal proceedings or liability in respect of any alleged manufacture, use, sale, or purchase of the invention, any person aggrieved may bring an action against the patentee, may obtain an injunction against the continuance of such threats, and may recover damages if the alleged manufacture, use, sale, or purchase was not in fact an infringement of any legal rights of the person using threats. This section will not apply if the person making the threats with due diligence commences and prosecutes an action for infringement of his patent. (Section 32.) Miscellaneous Provisions.-Every patent is to be in a prescribed form, and will be granted for one invention only, but may contain more than one claim. In an action or other proceeding, objection cannot be taken to the patent on the ground that it comprises more than one invention,* The exhibition of an invention at an industrial or international exhibition, certified as such by the Board of Trade, will not prejudice the right of the inventor or his legal personal representative to apply for and obtain provisional protection and a patent, providing that the exhibitor, before exhibiting the invention, gives the comptroller the prescribed notice of his inten tion to do so, and that the application for a patent is made before or within six months from the date of the opening of the exhibition. (Sect. 39.) The comptroller is to issue periodically an illustrated journal of patented inventions, as well as reports of patent cases decided by courts of law, and any other information that he may deem generally useful or important. Copies of such journal, and also of all complete specifications of patents for the time being in force, with their accompanying drawings, are to be kept on sale. (Sect. 40.) The control and management of the Patent Museum is to be transferred to the Science and Art Department. (Sect. 41.) That department may require a patentee to furnish a model of his invention on payment to him of the cost of manufacture; the amount to be settled, in case of dispute, by the Board of Trade. (Sect. 42.) THE houses registered under the Act of Parliament for regulating common lodging-houses are inspected, at uncertain times, about twice or thrice a week, by police officers specially appointed for that purpose; but, in consequence of the numerous allusions relating to them which have recently appeared in the public prints, special inspectors have had assigned to them also the duty of visiting the common lodging-houses at varying hours, both day and night, and of reporting on the condition in which they are found. The result of the inquiries thus made is that, although these houses are the abode of the poorest class of people, their condition is satisfactory from a sanitary point of view. * The rule of the United States Patent Office on this subject may be usefully quoted, in case patent rights should be sought for in that country. Two or more independent inventions cannot be claimed in one application; but where several distinct inventions are dependent upon each other and mutually contribute to produce a single result, they may be claimed in one application.' Towns. THE REGISTRAR-GENERAL'S LAST QUARTERLY RETURN. By J. HAMPDEN Shoveller. THE Registrar-General's Quarterly Return of marriages, births, and deaths in England and Wales has just been issued. The statistics relating to marriages are for the second quarter of this year, ending June 30, and those for births and deaths are for the three months ending Sept. 30. The marriages showed a decline from those returned in recent corresponding quarters, and the births were fewer than those recorded in the same quarter of any year since 1877. The mortality was considerably below the average. The mean temperature during the quarter at the Royal Observatory, Greenwich, was 595, and slightly below the average. The rainfall in the quarter was 6·53 inches, and was 0.12 of an inch below the average amount. The marriages of 95,766 persons were registered in England and Wales during the second quarter of 1883, equal to an annual rate of 144 per 1,000 of the estimated population; this marriage-rate was lower, with the single exception of 1880, than that recorded in the same quarter of any of the ten preceding years. birth-rate was lower than in any of the ten preceding corresponding quarters, and, indeed, lower than that recorded in the third quarter of any year since 1849. In the several counties the birth-rate ranged from 25.3 in Herefordshire, 270 in Shropshire, and 27.2 in Devonshire and in Somersetshire, to 35.3 in Nottinghamshire, 35.5 in Staffordshire, and 382 in Durham. The births registered in England and Wales during the three months ending Sept. 30 exceeded the deaths by 101,026; this represents the natural increase of the population. From the Board of Trade returns it appears that 108,867 emigrants embarked during last quarter from the various ports of the United Kingdom at which emigration officers are stationed. After distributing proportionally 1,432 whose nationality was undistinguished, and excluding 17,833 foreigners, the emigrants of British origin were 90,791, including 59,034 English, 9,638 Scotch, and 22,119 Irish. The proportions of British emigrants last quarter to a million of the respective populations of the three divisions of the United Kingdom were 2,205 from England, 2,519 from Scotland, and 4,386 from Ireland. Emigration showed an increase upon that recorded in the corresponding quarter of 1882 from each of the divisions of the United Kingdom. From returns furnished by the Local Government Board, it appears that the average number of paupers relieved on the last day of each week in the quarter ending September last was 684,523, of whom 165,263 received in-door, and 519,260 outdoor relief. The proportion of pauperism to the population showed a further decline from that which During the three months ending Sept. 30 last, 214,144 births were registered in England and Wales, which were equal to an annual rate of 317 per 1,000 of the population in the middle of this year, estimated by the Registrar-General at twentysix and three-quarter millions of persons; this Analysis of the Vital and Mortal Statistics of the Twenty-eight Great Towns, dealt with in the Registrar-General's Weekly Returns, for the Third Quarter of 1883. |