2649.Sulphuric Acid, or Oil of Vitriol(a clear, colourless liquid, of an oily appearance).—Symptoms in those who have swallowed it. When much is taken, these come on immediately. There is great burning pain, extending from the mouth to the stomach; vomiting of a liquid of a dark coffee-colour, often mixed with shreds of flesh and streaks of blood; the skin inside the mouth is taken off; and the exposed surface is at first white, and after a time becomes brownish. There are sometimes spots of a brown colour round the lips and on the neck, caused by drops of the acid falling on these parts. There is great difficulty of breathing, owing to the swelling at the back part of the mouth. After a time there is much depression of strength, with a quick, weak pulse, and cold, clammy skin. The face is pale, and has a very anxious look. When the acid swallowed has been greatly diluted in water, the same kind of symptoms occur, only in a milder degree.—Treatment. Give a mixture of magnesia in milk-and-water, or, if this cannot be obtained, of finely powdered chalk, or whiting, or even of the plaster torn down from the walls or ceiling, in milk-and-water. The mixture should be nearly as thick as cream, and plenty of it given. As well as this, simple gruel, milk, or thick flour-and-water, are very useful, and should be given in large quantities. Violent inflammation of the parts touched by the acid is most likely to take place in the coarse of a little time, and can only be properly attended to by a surgeon; but if one cannot be obtained, leeches, the fever-mixtures (the recipe for which appears repeatedly in previous paragraphs), thick drinks, such as barley-water, gruel, arrowroot, &c., must be had recourse to, according to the symptoms of each particular case and the means at hand. The inflamed condition of the back part of the mouth requires particular attention. When the breathing is very laboured and difficult in consequence, from fifteen to twenty leeches are to be immediately applied to the outside of the throat, and when they drop off, warm poppy fomentations constantly kept to the part. When the pain over the stomach is very great, the same local treatment is necessary; but if it is only slight, a good mustard poultice will be sufficient without the leeches. In all these cases, two tablespoonfuls of the fever-mixture should be given every four hours, and only gruel or arrowroot allowed to be eaten for some days.
2650.Nitric Acid, commonly known asAqua Fortis, orRed Spirit of Nitre(a straw-coloured fluid, of the consistence of water, and which gives off dense white fumes on exposure to the air).—Symptoms produced in those who have swallowed it.Much the same as in the case of sulphuric acid. In this case, however, the surface touched by the acid becomesyellowish. The tongue is mostly much swollen.—Treatment. The same as for sulphuric acid.
2651.Muriatic Acid, Spirit of Salt(a thin yellow fluid, emitting dense white fumes on exposure to the air).—This is not often taken as a poison. Thesymptomsandtreatmentare much the same as those ofnitric acid.
N.B.—In no case of poisoning by these three acids should emetics ever be given.
2652.Oxalic Acid, commonly calledSalt of Lemons.—This poison may be taken by mistake for Epsom salts, which it is a good deal like. It may be distinguished from them by its very acid taste and its shape, which is that of needle-formed crystals, each of which, if put into a drop of ink, will turn it to a reddish brown, whereas Epsom salts will not change its colour at all. When a large dose of this poison has been taken, death takes place very quickly indeed.—Symptoms produced in those who have swallowed it. A hot, burning, acid taste is felt in the act of swallowing, and vomiting of agreenish-brownfluid is produced, sooner or later, according to the quantity and strength of the poison taken. There is great tenderness felt over the stomach, followed by clammy perspirations and convulsions; the legs are often drawn up, and there is generally stupor, from which the patient, however, can easily be roused, and always great prostration of strength. The pulse is small and weak, and the breathing faint.—Treatment. Chalk or magnesia, made into a cream with water, should be given in large quantities, and afterwards the emetic draught above prescribed, or some mustard-and-water, if the draught cannot be got. The back part of the throat to be tickled with a feather, to induce vomiting. Arrowroot, gruel, and the like drinks, are to be taken. When the prostration of strength is very great and the body cold, warmth is to be applied to it, and a little brandy-and-water, or sal-volatile and water, given.
2653.Prussic Acid(a thin, transparent, and colourless liquid, with a peculiar smell, which greatly resembles that of bitter almonds).—Symptoms produced in those who have swallowed it. These come onimmediatelyafter the poison has been taken, and may be produced by merelysmellingit. The patient becomes perfectly insensible, and falls down in convulsions—his eyes are fixed and staring, the pupils being bigger than natural, the skin is cold and clammy, the pulse scarcely perceptible, and the breathing slow and gasping.—Treatment. Very little can be done in these cases, as death takes place so quickly after the poison has been swallowed, when it takes place at all. The best treatment—which should always be adopted in all cases, even though the patient appears quite dead-is to dash quantities of cold water on the back, from the top of the neck downwards. Placing the patient under a pump, and pumping on him, is the best way of doing this. Smelling-salts are also to be applied to the nose, and the chest well rubbed with a camphor liniment.
2654. ALKALIS:Potash, Soda, andAmmonia, or commonSmelling-Salts, with their principal preparations—Pearlash, Soap Lees, Liquor Potassae, Nitre, Sal Prunella, Hartshorn, andSal—Volatile.—Alkalis are seldom taken or given with the view of destroying life. They may, however, be swallowed by mistake.—Symptoms produced in those who have swallowed them. There is at first a burning, acrid taste in, and a sensation of tightness round, the throat, like that of strangling; the skin touched is destroyed; retching mostly followed by actual vomiting, then sets in; the vomited matters often containing blood of a dark brown colour, with little shreds of flesh here and there, and always changing vegetable blue colours green. There is now great tenderness over the whole of the belly. After a little while, great weakness, with cold, clammy sweats, a quick weak pulse, and purging of bloody matters, takes place. The brain, too, mostly becomes affected.—Treatment. Give two tablespoonfuls of vinegar or lemon-juice in a glassful of water every few minutes until the burning sensation is relieved. Any kind of oil or milk may also be given, and will form soap when mixed with the poison in the stomach. Barley-water, gruel, arrowroot, linseed-tea, &c., are also very useful, and should be taken constantly, and in large quantities. If inflammation should take place, it is to be treated by applying leeches and warm poppy fomentations to the part where the pain is most felt, and giving two tablespoonfuls of the fever mixture every four hours. The diet in all these cases should only consist of arrowroot or gruel for the first few days, and then of weak broth or beef-tea for some time after.
2655. When very strong fumes of smelling-salts have in any way been inhaled, there is great difficulty of breathing, and alarming pain in the mouth and nostrils. In this case let the patient inhale the steam of warm vinegar, and treat the feverish symptoms as before.
2656.Arsenic.—Mostly seen under the form of white arsenic, or fly-powder, and yellow arsenic, or king's yellow.—Symptoms produced in those who have swallowed it. These vary very much, according to the form and dose in which the poison has been taken. There is faintness, depression, and sickness, with an intense burning pain in the region of the stomach, which gets worse and worse, and is increased by pressure. There is also vomiting of dark brown matter, sometimes mixed with blood; and mostly great thirst, with a feeling of tightness round, and of burning in, the throat. Purging also takes place, the matters brought away being mixed with blood. The pulse is small and irregular, and the skin sometimes cold and clammy, and at others hot. The breathing is painful. Convulsions and spasms often occur.—Treatment. Give a couple of teaspoonfuls of mustard in a glass of water, to bring on or assist vomiting, and also use the other means elsewhere recommended for the purpose. A solution, half of lime-water and half of linseed-oil, well mixed, may be given, as well as plenty of arrowroot, gruel, or linseed-tea. Simple milk is also useful. A little castor-oil should be given, to cleanse the intestines of all the poison, and the after-symptoms treated on general principles.
2657.Corrosive Sublimate.—Mostly seen in the form of little heavy crystalline masses, which melt in water, and have a metallic taste. It is sometimes seen in powder. This is a most powerful poison.—Symptoms. These mostly come on immediately after the poison has been taken. There is a coppery taste experienced in the act of swallowing, with a burning heat, extending from the top of the throat down to the stomach; and also a feeling of great tightness round the throat. In a few minutes great pain is felt over the region of the stomach, and frequent vomiting of long, stringy white masses, mixed with blood, takes place. There is also mostly great purging. The countenance is generally pale and anxious; the pulse always small and frequent; the skin cold and clammy, and the breathing difficult. Convulsions and insensibility often occur, and are very bad symptoms indeed. The inside of the mouth is more or less swollen.—Treatment. Mix the whites of a dozen eggs in two pints of cold water, and give a glassful of the mixture every three or four minutes, until the stomach can contain no more. If vomiting does not now come on naturally, and supposing the mouth is not very sore or much swollen, an emetic draught, No. 1, may be given, and vomiting induced. (The No. 1 draught, we remind our readers, is thus made:—Twenty grains of sulphate of zinc in an ounce and a half of water; the draught to be repeated if vomiting does not take place in a quarter of an hour.) After the stomach has been well cleaned out, milk, flour-and-water, linseed-tea, or barley-water, should be taken in large quantities. If eggs cannot be obtained, milk, or flour-and-water, should be given as a substitute for them at once. When the depression of strength is very great indeed, a little warm brandy-and-water must be given. In the course of an hour or two the patient should take two tablespoonfuls of castor-oil, and if inflammation comes on, it is to be treated as directed in the article on acids and alkalis. The diet should also be the same. If the patient recovers, great soreness of the gums is almost certain to take place. The simplest, and at the same time one of the best modes of treatment, is to wash them well three or four times a day with brandy-and-water.
2658.Calomel.—A heavy white powder, without taste, and insoluble in water. It has been occasionally known to destroy life.—Symptoms. Much the same as in the case of corrosive sublimate.—Treatment. The same as for corrosive sublimate. If the gums are sore, wash them, as recommended in the case of corrosive sublimate, with brandy-and-water three or four times a day, and keep the patient onfluids, such as arrowroot, gruel, broth, or beef-tea, according to the other symptoms. Eating hard substances would make the gums more sore and tender.
2659.Copper.—The preparations of this metal which are most likely to be the ones producing poisonous symptoms, areblue-stoneandverdigris. People are often taken ill after eating food that has been cooked in copper saucepans. When anything has been cooked in one of these vessels,it should never be allowed to cool in it.—Symptoms. Headache, pain in the stomach, and purging; vomiting of green or blue matters, convulsions, and spasms.—Treatment. Give whites of eggs, sugar-and-water, castor-oil, and drinks, such as arrowroot and gruel.
2660.Emetic Tartar.—Seen in the form of a white powder, or crystals, with a slightly metallic taste. It has not often been known to destroy life.—Symptoms. A strong metallic taste in the act of swallowing, followed by a burning pain in the region of the stomach, vomiting, and great purging. The pulse is small and rapid, the skin cold and clammy, the breathing difficult and painful, and the limbs often much cramped. There is also great prostration of strength.—Treatment. Promote the vomiting by giving plenty of warm water, or warm arrowroot and water. Strong tea, in large quantities, should be drunk; or, if it can be obtained, a decoction of oak bark. The after-treatment is the same as that for acids and alkalis; the principal object in all these cases being to keep down the inflammation of the parts touched by the poison by means of leeches, warm poppy fomentations, fever-mixtures, and very low diet.
2661.Lead, and its preparations,Sugar of Lead, Goulard's Extract, White Lead.—Lead is by no means an active poison, although it is popularly considered to be so. It mostly affects people by being taken into the system slowly, as in the case of painters and glaziers. A newly-painted house, too, often affects those living in it.—Symptoms produced when taken in a large dose. There is at first a burning, pricking sensation in the throat, to which thirst, giddiness, and vomiting follow. The belly is tight, swollen, and painful;the pain being relieved by pressure. The bowels are mostly bound. There is great depression of strength, and a cold skin.—Treatment. Give an emetic draught (No. 1, see above) at once, and shortly afterwards a solution of Epsom salts in large quantities. A little brandy-and-water must be taken if the depression of strength is very great indeed. Milk, whites of eggs, and arrowroot are also useful. After two or three hours, cleanse the stomach and intestines well out with two tablespoonfuls of castor-oil, and treat the symptoms which follow according to the rules laid down in other parts of these articles.—Symptoms when it is taken into the body slowly. Headache, pain about the navel, loss of appetite and flesh, offensive breath, a blueness of the edges of the gums; the belly is tight, hard, and knotty, and the pulse slow and languid. There is also sometimes a difficulty in swallowing.—Treatment. Give five grains of calomel and half a grain of opium directly, in the form of a pill, and half an ounce of Epsom salts in two hours, and repeat this treatment until the bowels are well opened. Put the patient into a warm bath, and throw up a clyster of warmish water when he is in it. Fomentations of warm oil of turpentine, if they can be obtained, should be put over the whole of the belly. The great object is to open the bowels as freely and as quickly as possible. When this has been done, a grain of pure opium may be given. Arrowroot or gruel should be taken in good large quantities. The after-treatment must depend altogether upon the symptoms of each particular case.
2662.Opium, and its preparations,Laudanum, &c.—Solid opium is mostly seen in the form of rich brown flattish cakes, with little pieces of leaves sticking on them here and there, and a bitter and slightly warm taste. The most common form in which it is taken as a poison, is that of laudanum.—Symptoms. These consist at first in giddiness and stupor, followed by insensibility, the patient, however, being roused to consciousness by a great noise, so as to be able to answer a question, but becoming insensible again almost immediately. The pulse is now quick and small, the breathing hurried, and the skin warm and covered with perspiration. After a little time, these symptoms change; the person becomesperfectly insensible, the breathing slow andsnoring, as in apoplexy, the skin cold, and the pulse slow and full. The pupil of the eye is mostly smaller than natural. On applying his nose to the patient's mouth, a person may smell the poison very distinctly.—Treatment. Give an emetic draught (No. 1, see above) directly, with large quantities of warm mustard-and-water, warm salt-and-water, or simple warm water. Tickle the top of the throat with a feather, or put two fingers down it to bring on vomiting, which rarely takes place of itself. Dash cold water on the head, chest, and spine, and flap these parts well with the ends of wet towels. Give strong coffee or tea. Walk the patient up and down in the open air for two or three hours; the great thing being to keep him from sleeping. Electricity is of much service. When the patient is recovering, mustard poultices should be applied to the soles of the feet and the insides of the thighs and legs. The head should be kept cool and raised.
2663. The following preparations, which are constantly given to children by their nurses and mothers, for the purpose of making them sleep, often prove fatal:—Syrup of Poppies, andGodfrey's Cordial. The author would most earnestly urge all people caring for their children's lives, never to allow any of these preparations to be given, unless ordered by a surgeon.
2664. The treatment in the case of poisoning byHenbane,Hemlock,Nightshade, andFoxglove, is much the same as that for opium. Vomiting should be brought on in all of them.
2665.Poisonous Food.—It sometimes happens that things which are in daily use, and mostly perfectly harmless, give rise, under certain unknown circumstances, and in certain individuals, to the symptoms of poisoning. The most common articles of food of this description areMussels,Salmon, and certain kinds ofCheeseandBacon. The general symptoms are thirst, weight about the stomach, difficulty of breathing, vomiting, purging, spasms, prostration of strength, and, in the case of mussels more particularly, an eruption on the body, like that of nettle-rash.—Treatment. Empty the stomach well with No. 1 draught and warm water, and give two tablespoonfuls of castor-oil immediately after. Let the patient take plenty of arrowroot, gruel, and the like drinks, and if there is much depression of strength, give a little warm brandy-and-water. Should symptoms of fever or inflammation follow, they must be treated as directed in the articles on other kinds of poisoning.
2666.Mushrooms, and similar kinds of vegetables, often produce poisonous effects. The symptoms are various, sometimes giddiness and stupor, and at others pain in and swelling of the belly, with vomiting and purging, being the leading ones. When the symptoms come on quickly after taking the poison, it is generally the head that is affected.—The treatment consists in bringing on vomiting in the usual manner, as quickly and as freely as possible. The other symptoms are to be treated on general principles; if they are those of depression, by brandy-and-water or sal-volatile; if those of inflammation, by leeches, fomentations, fever-mixtures, &c. &c.
2667. FOR CURE OF RINGWORM.—Take of subcarbonate of soda 1 drachm, which dissolve in 1/2 pint of vinegar. Wash the head every morning with soft soap, and apply the lotion night and morning. One teaspoonful of sulphur and treacle should also be given occasionally night and morning. The hair should be cut close, and round the spot it should be shaved off, and the part, night and morning, bathed with a lotion made by dissolving a drachm of white vitriol in 8 oz. of water. A small piece of either of the two subjoined ointments rubbed into the part when the lotion has dried in. No, 1.—Take of citron ointment 1 drachm; sulphur and tar ointment, of each 1/2 oz.: mix thoroughly, and apply twice a day. No. 2.—Take of simple cerate 1 oz.; creosote 1 drachm; calomel 30 grains: mix and use in the same manner as the first. Concurrent with these external remedies, the child should take an alterative powder every morning, or, if they act too much on the bowels, only every second day. The following will be found to answer all the intentions desired.
2668. Alterative Powders for Ringworm.—Take of
Sulphuret of antimony, precipitated . 24 grains.Grey powder . . . . . 12 grains.Calomel . . . . . . 6 grains.Jalap powder . . . . . 36 grains.
Mix carefully, and divide into 12 powders for a child from 1 to 2 years old; into 9 powders for a child from 2 to 4 years; and into 6 powders for a child from 4 to 6 years. Where the patient is older, the strength may be increased by enlarging the quantities of the drugs ordered, or by giving one and a half or two powders for one dose. The ointment is to be well washed off every morning with soap-and-water, and the part bathed with the lotion before re-applying the ointment. An imperative fact must be remembered by mother or nurse,—never to use the same comb employed for the child with ringworm, for the healthy children, or let the affected little one sleep with those free from the disease; and, for fear of any contact by hands or otherwise, to keep the child's head enveloped in a nightcap, till this eruption is completely cured.
2669. SCRATCHES.—Trifling as scratches often seem, they ought never to be neglected, but should be covered and protected, and kept clean and dry until they have completely healed. If there is the least appearance of inflammation, no time should be lost in applying a large bread-and-water poultice, or hot flannels repeatedly applied, or even leeches in good numbers may be put on at some distance from each other.
2670. FOR SHORTNESS OF BREATH, OR DIFFICULT BREATHING.—Vitriolated spirits of ether 1 oz., camphor 12 grains: make a solution, of which take a teaspoonful during the paroxysm. This is found to afford instantaneous relief in difficulty of breathing, depending on internal diseases and other causes, where the patient, from a very quick and laborious breathing, is obliged to be in an erect posture.
2671. SPRAINS.—A sprain is a stretching of the leaders or ligaments of a part through some violence, such as slipping, falling on the hands, pulling a limb, &c. &c. The most common are those of the ankle and wrist. These accidents are more serious than people generally suppose, and often more difficult to cure than a broken log or arm. The first thing to be done is to place the sprained part in the straight position, and to raise it a little as well. Some recommend the application of cold lotions at first. The editress, however, is quite convinced that warm applications are, in most cases, the best for for the first three or four days. These fomentations are to be applied in the following manner:—Dip a good-sized piece of flannel into a pail or basin full of hot water or hot poppy fomentation,—six poppy heads boiled in one quart of water for about a quarter of an hour; wring it almost dry, and apply it, as hot as the patient can bear, right round the sprained part. Then place another piece of flannel, quite dry, over it, in order that the steam and warmth may not escape. This process should be repeated as often as the patient feels that the flannel next to his skin is getting cold—the oftener the better. The bowels should be opened with a black draught, and the patient kept on low diet. If he has been a great drinker, he may be allowed to take a little beer; but it is better not to do so. A little of the cream of tartar drink, ordered in the case of burns, may be taken occasionally if there is much thirst. When the swelling and tenderness about the joint are very great, from eight to twelve leeches may be applied. When the knee is the joint affected, the greatest pain is felt at the inside, and therefore the greater quantity of the leeches should be applied to that part. When the shoulder is sprained, the arm should be kept close to the body by means of a linen roller, which is to be taken four or five times round the whole of the chest. It should also be brought two or three times underneath the elbow, in order to raise the shoulder. This is the best treatment for these accidents during the first three or four days. After that time, supposing that no unfavourable symptoms have taken place, a cold lotion, composed of a tablespoonful of sal-ammoniac to a quart of water, or vinegar-and-water, should be constantly applied. This lotion will strengthen the part, and also help in taking away any thickening that may have formed about the joint. In the course of two or three weeks, according to circumstances, the joint is to be rubbed twice a day with flannel dipped in opodeldoc, a flannel bandage rolled tightly round the joint, the pressure being greatest at the lowest part, and the patient allowed to walk about with the assistance of a crutch or stick. He should also occasionally, when sitting or lying down, quietly bend the joint backwards and forwards, to cause its natural motion to return, and to prevent stiffness from taking place. When the swelling is very great immediately after the accident has occurred, from the breaking of the blood-vessels, it is best to apply cold applications at first. If it can be procured, oil-silk may be put over the warm-fomentation flannel, instead of the dry piece of flannel. Old flannel is better than new.
2672. CURE FOR STAMMERING.—Where there is no malformation of the organs of articulation, stammering may be remedied by reading aloud with the teeth closed. This should be practised for two hours a day, for three or four months. The advocate of this simple remedy says, "I can speak with certainty of its utility."
2673. STAMMERING.—At a recent meeting of the Boston Society of Natural History, Dr. Warren stated, "A simple, easy, and effectual cure of stammering." It is, simply, at every syllable pronounced, to tap at the same time with the finger; by so doing, "the most inveterate stammerer will be surprised to find that he can pronounce quite fluently, and, by long and constant practice, he will pronounce perfectly well."
2674. SUFFOCATION, APPARENT.—Suffocation may arise from many different causes. Anything which prevents the air getting into the lungs will produce it. We shall give the principal causes, and the treatment to be followed in each case.
2675. 1.Carbonic Acid Gas. Choke-Damp of Mines.—This poisonous gas is met with in rooms where charcoal is burnt, and where there is not sufficient draught to allow it to escape; in coalpits, near limekilns, in breweries, and in rooms and houses where a great many people live huddled together in wretchedness and filth, and where the air in consequence becomes poisoned. This gas gives out no smell, so that we cannot know of its presence. A candle will not burn in a room which contains much of it.—Effects. At first there is giddiness, and a great wish to sleep; after a little time, or where there is much of it present, a person feels great weight in the head, and stupid; gets by degrees quite unable to move, and snores as if in a deep sleep. The limbs may or may not be stiff. The heat of the body remains much the same at first.—Treatment. Remove the person affected into the open air, and, even though it is cold weather, take off his clothes. Then lay him on his back, with his head slightly raised. Having done this, dash vinegar-and-water over the whole of the body, and rub it hard, especially the face and chest, with towels dipped in the same mixture. The hands and feet also should be rubbed with a hard brush. Apply smelling-salts to the nose, which may be tickled with a feather. Dashing cold water down the middle of the back is of great service. If the person can swallow, give him a little lemon-water, or vinegar-and-water to drink. The principal means, however, to be employed in this, as, in fact, in most cases of apparent suffocation, is what is calledartificial breathing. This operation should be performed by three persons, and in the following manner:—The first person should put the nozzle of a common pair of bellows into one of the patient's nostrils; the second should push down, and then thrust back, that part of the throat called "Adam's apple;" and the third should first raise and then depress the chest, one hand being placed over each side of the ribs. These three actions should be performed in the following order:—First of all, the throat should be drawn down and thrust back; then the chest should be raised, and the bellows gently blown into the nostril. Directly this is done, the chest should be depressed, so as to imitate common breathing. This process should be repeated about eighteen times a minute. The mouth and the other nostril should be closed while the bellows are being blown. Persevere, if necessary, with this treatment for seven or eight hours—in fact, till absolute signs of death are visible. Many lives are lost by giving it up too quickly. When the patient becomes roused, he is to be put into a warm bed, and a little brandy-and-water, or twenty drops of sal-volatile, given cautiously now and then. This treatment is to be adopted in all cases where people are affected from breathing bad air, smells, &c. &c.
2676. 2.Drowning.—This is one of the most frequent causes of death by suffocation.—Treatment. Many methods have been adopted, and as some of them are not only useless, but hurtful, we will mention them here, merely in order that they may be avoided. In the first place, then, never hang a person up by his heels, as it is an error to suppose that water gets into the lungs. Hanging a person up by his heels would be quite as bad as hanging him up by his neck. It is also a mistake to suppose that rubbing the body with salt and water is of service.—Proper Treatment. Directly a person has been taken out of the water, he should be wiped dry and wrapped in blankets; but if these cannot be obtained, the clothes of the bystanders must be used for the purpose. His head being slightly raised, and any water, weeds, or froth that may happen to be in his mouth, having been removed, he should be carried as quickly as possible to the nearest house. He should now be put into a warm bath, about as hot as the hand can pleasantly bear, and kept there for about ten minutes, artificial breathing being had recourse to while he is in it. Having been taken out of the bath, he should be placed flat on his back, with his head slightly raised, upon a warm bed in a warm room, wiped perfectly dry, and then rubbed constantly all over the body with warm flannels. At the same time, mustard poultices should be put to the soles of the feet, the palms of the hands, and the inner surface of the thighs and legs. Warm bricks, or bottles filled with warm water, should be placed under the armpits. The nose should be tickled with a feather, and smelling-salts applied to it. This treatment should be adopted while the bath is being got ready, as well as when the body has been taken out of it. The bath is not absolutely necessary; constantly rubbing the body with flannels in a warm room having been found sufficient for resuscitation. Sir B. Brodie says that warm air is quite as good as warm water. When symptoms of returning consciousness begin to show themselves, give a little wine, brandy, or twenty drops of sal-volatile and water. In some cases it is necessary, in about twelve or twenty-four hours after the patient has revived, to bleed him, for peculiar head-symptoms which now and then occur. Bleeding, however, even in the hands of professional men themselves, should be very cautiously used—non-professional ones should never think of it. The best thing to do in these cases is to keep the head well raised, and cool with a lotion such as that recommended above for sprains; to administer an aperient draught, and to abstain from giving anything that stimulates, such as wine, brandy, sal-volatile, &c. &c. As a general rule, a person dies in three minutes and a half after he has been under water. It is difficult, however, to tell how long he has actually beenunderit, although we may know well exactly how long he has beeninit. This being the case, always persevere in your attempts at resuscitation until actual signs of death have shown themselves, even for six, eight, or ten hours. Dr. Douglas, of Glasgow, resuscitated a person who had been under water for fourteen minutes, by simply rubbing the whole of his body with warm flannels, in a warm room, for eight hours and a half, at the end of which time the person began to show thefirstsymptoms of returning animation. Should the accident occur at a great distance from any house, this treatment should be adopted as closely as the circumstances will permit of. Breathing through any tube, such as a piece of card or paper rolled into the form of a pipe, will do as a substitute for the bellows. To recapitulate: Rub the body dry; take matters out of mouth; cover with blankets or clothes; slightly raise the head, and place the body in a warm bath, or on a bed in a warm room; apply smelling-salts to nose; employ artificial breathing; rub well with warm flannels; put mustard poultices to feet, hands, and insides of thighs and legs, with warm bricks or bottles to armpits.Don't bleed. Give wine, brandy, or sal-volatile when recovering, andpersevere till actual signs of death are seen.
2677. Briefly to conclude what we have to say of suffocation, let us treat ofLightning. When a person has been struck by lightning, there is a general paleness of the whole body, with the exception of the part struck, which is often blackened, or even scorched.—Treatment. Same as for drowning. It is not, however, of much use; for when death takes place at all, it is generally instantaneous.
2678. CURE FOR THE TOOTHACHE.—Take a piece of sheet zinc, about the size of a sixpence, and a piece of silver, say a shilling; place them together, and hold the defective tooth between them or contiguous to them; in a few minutes the pain will be gone, as if by magic. The zinc and silver, acting as a galvanic battery, will produce on the nerves of the tooth sufficient electricity to establish a current, and consequently to relieve the pain. Or smoke a pipe of tobacco and caraway-seeds. Again—
2679. A small piece of the pellitory root will, by the flow of saliva it causes, afford relief. Creosote, or a few drops of tincture of myrrh, or friar's balsam, on cotton, put on the tooth, will often subdue the pain. A small piece of camphor, however, retained in the mouth, is the most reliable and likely means of conquering the paroxysms of this dreaded enemy.
2680. WARTS.—Eisenberg says, in his "Advice on the Hand," that the hydrochlorate of lime is the most certain means of destroying warts; the process, however, is very slow, and demands perseverance, for, if discontinued before the proper time, no advantage is gained. The following is a simple cure:—On breaking the stalk of the crowfoot plant in two, a drop of milky juice will be observed to hang on the upper part of the stem; if this be allowed to drop on a wart, so that it be well saturated with the juice, in about three or four dressings the warts will die, and may be taken off with the fingers. They may be removed by the above means from the teats of cows, where they are sometimes very troublesome, and prevent them standing quiet to be milked. The wart touched lightly every second day with lunar caustic, or rubbed every night with blue-stone, for a few weeks, will destroy the largest wart, wherever situated.
2681. To CURE A WHITLOW.—As soon as the whitlow has risen distinctly, a pretty large piece should be snipped out, so that the watery matter may readily escape, and continue to flow out as fast as produced. A bread-and-water poultice should be put on for a few days, when the wound should be bound up lightly with some mild ointment, when a cure will be speedily completed. Constant poulticing both before and after the opening of the whitlow, is the only practice needed; but as the matter lies deep, when it is necessary to open the abscess, the incision must be madedeepto reach the suppuration.
2682. WOUNDS.—There are several kinds of wounds, which are called by different names, according to their appearance, or the manner in which they are produced. As, however, it would be useless, and even hurtful, to bother the reader's head with too many nice professional distinctions, we shall content ourselves with dividing wounds into three classes.
2683. 1.Incised wounds or cuts—those produced by a knife, or some sharp instrument.
2684. 2.Lacerated, or torn wounds—those produced by the claws of an animal, the bite of a dog, running quickly against some projecting blunt object, such as a nail, &c.
2685. 3.Punctured or penetrating wounds—those produced by anything running deeply into the flesh; such as a sword, a sharp nail, a spike, the point of a bayonet, &c.
2686. Class 1.Incised wounds or cuts.—The danger arising from these accidents is owing more to their position than to their extent. Thus, a cut of half an inch long, which goes through an artery, is more serious than a cut of two inches long, which is not near one. Again, a small cut on the head is more often followed by dangerous symptoms than a much larger one on the legs.—Treatment. If the cut is not a very large one, and no artery or vein is wounded, this is very simple. If there are any foreign substances left in the wound, they must be taken out, and the bleeding must be quite stopped before the wound is strapped up. If the bleeding is not very great, it may easily be stopped by raising the cut part, and applying rags dipped in cold water to it. All clots of blood must be carefully removed; for, if they are left behind, they prevent the wound from healing. When the bleeding has been stopped, and the wound perfectly cleaned, its two edges are to be brought closely together by thin straps of common adhesive plaster, which should remain on, if there is not great pain or heat about the part, for two or three days, without being removed. The cut part should be kept raised and cool. When the strips of plaster are to be taken off, they should first be well bathed with lukewarm water. This will cause them to come away easily, and without opening the lips of the wound; which accident is very likely to take place, if they are pulled off without having been first moistened with the warm water. If the wound is not healed when the strips of plaster are taken off, fresh ones must be applied. Great care is required in treating cuts of the head, as they are often followed by erysipelas taking place round them. They should be strapped with isinglass plaster, which is much less irritating than the ordinary adhesive plaster. Only use as many strips as are actually requisite to keep the two edges of the wound together; keep the patient quite quiet, on low diet, for a week or so, according to his symptoms. Purge him well with the No. 2 pills (five grains of blue pill mixed with the same quantity of compound extract of colocynth; make into two pills, the dose for an adult). If the patient is feverish, give him two tablespoonfuls of the fever-mixture three times a day. (The fever-mixture, we remind our readers, is thus made: Mix a drachm of powdered nitre, 2 drachms of carbonate of potash, 2 teaspoonfuls of antimonial wine, and a tablespoonful of sweet spirits of nitre in half a pint of water.) A person should be very careful of himself for a month or two after having had a bad cut on the head. His bowels should be kept constantly open, and all excitement and excess avoided. When a vein or artery is wounded, the danger is, of course, much greater. Those accidents, therefore, should always be attended to by a surgeon, if he can possibly be procured. Before he arrives, however, or in case his assistance cannot be obtained at all, the following treatment should be adopted:—Raise the cut part, and press rags dipped in cold water firmly against it. This will often be sufficient to stop the bleeding, if the divided artery or vein is not dangerous. When an artery is divided, the blood is of a bright red colour, and comes away in jets. In this case, and supposing the leg or arm to be the cut part, a handkerchief is to be tied tightly round the limbabovethe cut; and, if possible, the two bleeding ends of the artery should each be tied with a piece of silk. If the bleeding is from a vein, the blood is much darker, and does not come away in jets. In this case, the handkerchief is to be tiedbelowthe cut, and a pad of lint or linen pressed firmly against the divided ends of the vein. Let every bad cut, especially where there is much bleeding, and even although it may to all appearance have been stopped, be attended to by a surgeon, if one can by any means be obtained.
2687. Class 2.Lacerated or torn wounds.—There is not so much bleeding in these cases as in clean cuts, because the blood-vessels are torn across in a zigzag manner, and not divided straight across. In other respects, however, they are more serious than ordinary cuts, being often followed by inflammation, mortification, fever, and in some cases by locked-jaw. Foreign substances are also more likely to remain in them.—Treatment. Stop the bleeding, if there is any, in the manner directed for cuts; remove all substances that may be in the wound; keep the patient quite quiet, and on low diet—gruel, arrowroot, and the like; purge with the No. 1 pills and the No. 1 mixture. (The No. 1 pill: Mix 5 grains of calomel and the same quantity of antimonial powder, with a little bread-crumb, and make into two pills, which is the dose for an adult. The No. 1 mixture: Dissolve an ounce of Epsom salts in half a pint of senna tea. A quarter of the mixture is a dose.) If there are feverish symptoms, give two tablespoonfuls of fever-mixture (see above) every four hours. If possible, bring the two edges of the wound together,but do not strain the parts to do this. If they cannot be brought together, on account of a piece of flesh being taken clean out, or the raggedness of their edges, put lint dipped in cold water over the wound, and cover it with oiled silk. It will then fill up from the bottom. If the wound, after being well washed, should still contain any sand, or grit of any kind, or if it should get red and hot from inflammation, a large warm bread poultice will be the best thing to apply until it becomes quite clean, or the inflammation goes down. When the wound is a very large one, the application of warm poppy fomentations is better than that of the lint dipped in cold water. If the redness and pain about the part, and the general feverish symptoms, are great, from eight to twelve leeches are to be applied round the wound, and a warm poppy fomentation or warm bread poultice applied after they drop off.
2688. Class 3.Punctured or penetrating wounds.—These, for many reasons, are the most serious of all kinds of wounds.—Treatment. The same as that for lacerated wounds. Pus (matter) often forms at the bottom of these wounds, which should, therefore, be kept open at the top, by separating their edges every morning with a bodkin, and applying a warm bread poultice immediately afterwards. They will then, in all probability, heal up from the bottom, and any matter which may form will find its own way out into the poultice. Sometimes, however, in spite of all precautions, collections of matter (abscesses) will form at the bottom or sides of the wound. Those are to be opened with a lancet, and the matter thus let out. When matter is forming, the patient has cold shiverings, throbbing pain in the part, and flushes on the face, which come and go. A swelling of the part is also often seen. The matter in the abscesses may be felt to move backwards and forwards, when pressure is made from one side of the swelling to the other with the first and second fingers (the middle and that next the thumb) of each hand.
2689. ADVANTAGES OF CLEANLINESS.—Health and strength cannot be long continued unless the skin—allthe skin—is washed frequently with a sponge or other means. Every morning is best; after which the skin should be rubbed very well with a rough cloth. This is the most certain way of preventing cold, and a little substitute for exercise, as it brings blood to the surface, and causes it to circulate well through the fine capillary vessels. Labour produces this circulation naturally. The insensible perspiration cannot escape well if the skin is not clean, as the pores get choked up. It is said that in health about half the aliment we take passes out through the skin.
2690. THE TOMATO MEDICINAL.—To many persons there is something unpleasant, not to say offensive, in the flavour of this excellent fruit. It has, however, long been used for culinary purposes in various countries of Europe. Dr. Bennett, a professor of some celebrity, considers it an invaluable article of diet, and ascribes to it very important medicinal properties. He declares:—1. That the tomato is one of the most powerful deobstruents of themateria medica; and that, in all those affections of the liver and other organs where calomel is indicated, it is probably the most effective and least harmful remedial agent known in the profession. 2. That a chemical extract can be obtained from it, which will altogether supersede the use of calomel in the cure of diseases. 3. That he has successfully treated diarrhoea with this article alone. 4. That when used as an article of diet, it is almost a sovereign remedy for dyspepsia and indigestion.
2691. WARM WATER.—Warm water is preferable to cold water, as a drink, to persons who are subject to dyspeptic and bilious complaints, and it may be taken more freely than cold water, and consequently answers better as a diluent for carrying off bile, and removing obstructions in the urinary secretion, in cases of stone and gravel. When water of a temperature equal to that of the human body is used for drink, it proves considerably stimulant, and is particularly suited to dyspeptic, bilious, gouty, and chlorotic subjects.
2692. CAUTIONS IN VISITING SICK-ROOMS.—Never venture into a sick-room if you are in a violent perspiration (if circumstances require your continuance there), for the moment your body becomes cold, it is in a state likely to absorb the infection, and give you the disease. Nor visit a sick person (especially if the complaint be of a contagious nature) withan empty stomach; as this disposes the system more readily to receive the contagion. In attending a sick person, place yourself where the air passes from the door or window to the bed of the diseased, not betwixt the diseased person and any fire that is in the room, as the heat of the fire will draw the infectious vapour in that direction, and you would run much danger from breathing it.
2693. NECESSITY OF GOOD VENTILATION IN ROOMS LIGHTED WITH GAS.—In dwelling-houses lighted by gas, the frequent renewal of the air is of great importance. A single gas-burner will consume more oxygen, and produce more carbonic acid to deteriorate the atmosphere of a room, than six or eight candles. If, therefore, when several burners are used, no provision is made for the escape of the corrupted air and for the introduction of pure air from without, the health will necessarily suffer.
2694. Humorists tell us there is no act of our lives which can be performed without breaking through some one of the many meshes of the law by which our rights are so carefully guarded; and those learned in the law, when they do give advice without the usual fee, and in the confidence of friendship, generally say, "Pay, pay anything rather than go to law;" while those having experience in the courts of Themis have a wholesome dread of its pitfalls. There are a few exceptions, however, to this fear of the law's uncertainties; and we hear of those to whom a lawsuit is on agreeable relaxation, a gentle excitement. One of this class, when remonstrated with, retorted, that while one friend kept dogs, and another horses, he, as he had a right to do, kept a lawyer; and no one had a right to dispute his taste. We cannot pretend, in these few pages, to lay down even the principles of law, not to speak of its contrary exposition in different courts; but there are a few acts of legal import which all men—and women too—must perform; and to these acts we may be useful in giving a right direction. There is a house to be leased or purchased, servants to be engaged, a will to be made, or property settled, in all families; and much of the welfare of its members depends on these things being done in proper legal form.
2695. PURCHASING A HOUSE.—Few men will venture to purchase a freehold, or even a leasehold property, by private contract, without making themselves acquainted with the locality, and employing a solicitor to examine the titles,; but many do walk into an auction-room, and bid for a property upon the representations of the auctioneer. The conditions, whatever they are, will bind him; for by one of the legal fictions of which we have still so many, the auctioneer, who is in reality the agent for the vendor, becomes also the agent for the buyer, and by putting down the names of bidders and the biddings, he binds him to whom the lot is knocked down to the sale and the conditions,—the falling of the auctioneer's hammer is the acceptance of the offer, which completes the agreement to purchase. In any such transaction you can only look at the written or printed particulars; any verbal statement of the auctioneer, made at the time of the sale, cannot contradict them, and they are implemented by the agreement, which the auctioneer calls on the purchaser to sign after the sale. You should sign no such contract without having a duplicate of it signed by the auctioneer, and delivered to you. It is, perhaps, unnecessary to add, that no trustee or assignee can purchase property for himself included in the trust, even at auction; nor is it safe to pay the purchase money to an agent of the vendor, unless he give a written authority to the agent to receive it, besides handing over the requisite deeds and receipts.
2696. The laws of purchase and sale of property are so complicated that Lord St. Leonards devotes five chapters of his book on Property Law to the subject. The only circumstances strong enough to vitiate a purchase, which has been reduced to a written contract, is proof of fraudulent representation as to an encumbrance of which the buyer was ignorant, or a defect in title; but every circumstance which the purchaser might have learned by careful investigation, the law presumes that he did know. Thus, in buying a leasehold estate or house, all the covenants of the original lease are presumed to be known. "It is not unusual," says Lord St. Leonards, "to stipulate, in conditions of sale of leasehold property, that the production of a receipt for the last year's rent shall be accepted as proof that all the lessor's covenants were performed up to that period. Never bid for one clogged with such a condition. There are some acts against which no relief can be obtained; for example, the tenant's right to insure, or his insuring in an office or in names not authorized in the lease. And you should not rely upon the mere fact of the insurance being correct at the time of sale: there may have been a prior breach of covenant, and the landlord may not have waived his right of entry for the forfeiture." And where any doubt of this kind exists, the landlord should be appealed to.
2697. Interest on a purchase is due from the day fixed upon for completing: where it cannot be completed, the loss rests with the party with whom the delay rests; but it appears, when the delay rests with the seller, and the money is lying idle, notice of that is to be given to the seller to make him liable to the loss of interest. In law, the property belongs to the purchaser from the date of the contract; he is entitled to any benefit, and must bear any loss; the seller may suffer the insurance to drop without giving notice; and should a fire take place, the loss falls on the buyer. In agreeing to buy a house, therefore, provide at the same time for its insurance. Common fixtures pass with the house, where nothing is said about them.
2698. There are some well-recognized laws, of what may be called good-neighbourhood, which affect all properties. If you purchase a field or house, the seller retaining another field between yours and the highway, he must of necessity grant you a right of way. Where the owner of more than one house sells one of them, the purchaser is entitled to benefit by all drains leading from his house into other drains, and will be subject to all necessary drains for the adjoining houses, although there is no express reservation as to drains.
Thus, if his happens to be a leading drain, other necessary drains may be opened into it. In purchasing land for building on, you should expressly reserve a right to make an opening into any sewer or watercourse on the vendor's land for drainage purposes.
2699. CONSTRUCTIONS.—Among the cautions which purchasers of houses, land, or leaseholds, should keep in view, is a not inconsiderable array ofconstructivenotices, which are equally binding with actual ones. Notice to your attorney or agent is notice to you; and when the same attorney is employed by both parties, and he is aware of an encumbrance of which you are ignorant, you are bound by it; even where the vendor is guilty of a fraud to which your agent is privy, you are responsible, and cannot be released from the consequences.
2700. THE RELATIONS OF LANDLORD AND TENANT are most important to both parties, and each should clearly understand his position. The proprietor of a house, or house and land, agrees to let it either to a tenant-at-will, a yearly tenancy, or under lease. A tenancy-at-will may be created by parol or by agreement; and as the tenant may be turned out when his landlord pleases, so he may leave when he himself thinks proper; but this kind of tenancy is extremely inconvenient to both parties. Where an annual rent is attached to the tenancy, in construction of law, a lease or agreement without limitation to any certain period is a lease from year to year, and both landlord and tenant are entitled to notice before the tenancy can be determined by the other. This notice must be given at least six months before the expiration of the current year of the tenancy, and it can only terminate at the end of any whole year from the time at which it began; so that the tenant entering into possession at Midsummer, the notice must be given to or by him, so as to terminate at the same term. When once he is in possession, he has a right to remain for a whole year; and if no notice be given at the end of the first half-year of his tenancy, he will have to remain two years, and so on for any number of years.
2701. TENANCY BY SUFFERANCE.—This is a tenancy, not very uncommon, arising out of the unwillingness of either party to take the initiative in a more decided course at the expiry of a lease or agreement. The tenant remains in possession, and continues to pay rent as before, and becomes, from sufferance, a tenant from year to year, which can only be terminated by one party or the other giving the necessary six months' notice to quit at the term corresponding with the commencement of the original tenancy. This tenancy at sufferance applies also to an under-tenant, who remains in possession and pays rent to the reversioner or head landlord. A six months' notice will be insufficient for this tenancy. A notice was given (in Right v. Darby, I.T.R. 159) to quit a house held by plaintiff as tenant from year to year, on the 17th June, 1840, requiring him "to quit the premises on the 11th October following, or such other day as his said tenancy might expire." The tenancy had commenced on the 11th October in a former year, but it was held that this was not a good notice for the year ending October 11, 1841. A tenant from year to year gave his landlord notice to quit, ending the tenancy at a time within the half-year; the landlord acquiesced at first, but afterwards refused to accept the notice. The tenant quitted the premises; the landlord entered, and even made some repairs, but it was afterwards held that the tenancy was not determined. A notice to quit must be such as the tenant may safely act on at the time of receiving it; therefore it can only be given by an agent properly authorized at the time, and cannot be made good by the landlord adopting it afterwards. An unqualified notice, given at the proper time, should conclude with "On failure whereof, I shall require you to pay me double the former rent for so long as you retain possession."
2702. LEASES.—A lease is an instrument in writing, by which one person grants to another the occupation and use of lands or tenements for a term of years for a consideration, the lessor granting the lease, and the lessee accepting it with all its conditions. A lessor may grant the lease for any term less than his own interest. A tenant for life in an estate can only grant a lease for his own life. A tenant for life, having power to grant a lease, should grant it only in the terms of the power, otherwise the lease is void, and his estate may be made to pay heavy penalties under the covenant, usually the only one onerous on the lessor, for quiet enjoyment. The proprietor of a freehold—that is, of the possession in perpetuity of lands or tenements—may grant a lease for 999 years, for 99 years, or for 3 years. In the latter case, the lease may be either verbal or in writing, no particular form and no stamps being necessary, except the usual stamp on agreements; so long as the intention of the parties is clearly expressed, and the covenants definite, and well understood by each party, the agreement is complete, and the law satisfied. In the case of settled estates, the court of Chancery is empowered to authorize leases under the 19 & 20 Vict. c. 120, and 21 & 22 Vict. c. 77, as follows:—
21 years for agriculture or occupation. 40 years for water-power. 99 years for building-leases. 60 years for repairing-leases.
2703. A lessor may also grant an under-lease for a term less than his own: to grant the whole of his term would be an assignment. Leases are frequently burdened with a covenant not to underlet without the consent of the landlord: this is a covenant sometimes very onerous, and to be avoided, where it is possible, by a prudent lessee.
2704. A lease for any term beyond three years, whether an actual lease or an agreement for one, must be in the form of a deed; that is, it must be "under seal;" and all assignments and surrenders of leases must be in the same form, or they arevoid at law. Thus an agreement made by letter, or by a memorandum of agreement, which would be binding in most cases, would be valueless when it was for a lease, unless witnessed, and given under hand and seal. The last statute, 8 & 9 Vict. c. 106, under which these precautions became necessary, has led to serious difficulties. "The judges," says Lord St. Leonards, "feel the difficulty of holding a lease in writing, but not by deed, to be altogether void, and consequently decided, that although such a lease is void under the statute, yet it so far regulates the holding, that it creates a tenancy from year to year, terminable by half a year's notice; and if the tenure endure for the term attempted to be created by the void lease, the tenant may be evicted at the end of the term without any notice to quit." An agreement for a lease not by deed has been construed to be a lease for a term of years, and consequently void under the statute; "and yet," says Lord St. Leonards, "a court of equity has held that it may be specifically enforced as an agreement upon the terms stated." The law on this point is one of glorious uncertainty; in making any such agreement, therefore, we should be careful to express that it is an agreement, and not a lease; and that it is witnessed and under seal.
2705. AGREEMENTS.—It is usual, where the lease is a repairing one, to agree for a lease to be granted on completion of repairs according to specification. This agreement should contain the names and designation of the parties, a description of the property, and the term of the intended lease, and all the covenants which are to be inserted, as no verbal agreement can be made to a written agreement. It should also declare that the instrument is an agreement for a lease, and not the lease itself. The points to be settled in such an agreement are, the rent, term, and especially covenants for insuring and rebuilding in the event of a fire; and if it is intended that the lessor's consent is to be obtained before assigning or underleasing, a covenant to that effect is required in the agreement. In building-leases, usually granted for 99 years, the tenant is to insure the property; and even where the agreement is silent on that point, the law decides it so. It is otherwise with ordinary tenements, when the tenant pays a full, or what the law terms rack-rent; the landlord is then to insure, unless it is otherwise arranged by the agreement.
2706. It is important for lessee, and lessor, also, that the latter does not exceed his powers. A lease granted by a tenant for life before he is properly in possession, is void in law; for, although a court of equity, according to Lord St. Leonards, will, "by force of its own jurisdiction, support abonâ fidelease, granted under a power which is merely erroneous in form or ceremonies," and the 12 & 13 Vict. c. 26, and 13 & 14 Vict. c. 19, compel a new lease to be granted with the necessary variations, while the lessor has no power to compel him to accept such a lease, except when the person in remainder is competent and willing to confirm the original lease without variations, yet all these difficulties involve both delay, costs, and anxieties.
2707. In husbandry leases, a covenant to cultivate the land in a husbandlike manner, and according to the custom of the district, is always implied; but it is more usual to prescribe the course of tillage which is to be pursued. In the case of houses for occupation, the tenant would have to keep the house in a tenantable state of repair during the term, and deliver it up in like condition. This is not the case with the tenant at will, or from year to year, where the landlord has to keep the house in tenantable repair, and the tenant is only liable for waste beyond reasonable wear and tear.
2708. INSURANCE.—Every lease, or agreement for a lease, should covenant not only who is to pay insurance, but how the tenement is to be rebuilt in the event of a fire; for if the house were burnt down, and no provision made for insurance, the tenant, supposing there was the ordinary covenant to repair in the lease, would not only have to rebuild, but to pay rent while it was being rebuilt. More than this, supposing, under the same lease, the landlord had taken the precaution of insuring, he is not compelled to lay out the money recovered in rebuilding the premises. Sir John Leach lays it down, that "the tenant's situation could not be changed by a precaution, on the part of the landlord, with which he had nothing to do." This decision Lord Campbell confirmed in a more recent case, in which an action was brought against a lessee who was not bound to repair, and neither he nor the landlord bound to insure; admitting an equitable defence, the court affirmed Sir John Leach's decision, holding that the tenant was bound to pay the rent, and could not require the landlord to lay out the insurance money in rebuilding. This is opposed to the opinion of Lord St. Leonards, who admits, however, that the decision of the court must overrule hisdictum. Such being the state of the law, it is very important that insurance should be provided for, and that the payment of rent should be made to depend upon rebuilding the house in the event of a fire. Care must be taken, however, that this is made a covenant of the lease, as well as in the agreement, otherwise the tenant must rebuild the house.
2709. The law declares that a tenant is not bound to repair damages by tempest, lightning, or other natural casualty, unless there is a special covenant to that effect in the lease; but if there is a general covenant to repair, the repair will fall upon the tenant. Lord Kenyon lays it down, in the case of a bridge destroyed by a flood, the tenant being under a general covenant to repair, that, "where a party, by his own contract, creates a duty or charge upon himself, he is bound to make it good, because he might have guarded against it in the contract." The same principle of law has been applied to a house destroyed by lightning. It is, therefore, important to have this settled in the insurance clause.
2710. Lord St. Leonards asserts that "his policies against fire are not so framed as to render the companylegallyliable." Generally the property is inaccurately described with reference to the conditions under which you insure. They are framed by companies who, probably, are not unwilling to have a legal defence against any claim, as they intend to pay what they deem just claim without taking advantage of any technical objection, and intending to make use of their defence only against what they believe to be a fraud, although they may not be able to prove it. "But," says his lordship, "do not rely upon the moral feelings of the directors. Ascertain that your house falls strictly within the conditions. Even having the surveyor of the company to look over your house before the insurance will not save you, unless your policy is correct." This is true; but probably his lordship's legal jealousy overshoots the mark here. Assurance companies only require an honest statement of the facts, and that no concealment is practised with their surveyor; and the case of his own, which he quotes, in which a glass door led into a conservatory, rendering it, according to the view of the company, "hazardous," and consequently voiding the policy, when a fire did occur, the company paid, rather than try the question; but even after the fire they demurred, when called upon, to make the description correct and indorse on the policy the fact that the drawing-room opened through a glass door into conservatories. One of two inferences is obvious here; either his lordship has overcoloured the statement, or the company could not be the respectable one represented. The practice with all reputable offices is to survey the premises before insurance, and to describe them as they appear; but no concealment of stoves, or other dangerous accessories or inflammable goods, should be practised. This certainly binds the office so long as no change takes place; but the addition of any stove, opening, or door through a party wall, the introduction of gunpowder, saltpetre, or other inflammable articles into the premises without notice, very properly "voids the policy." The usual course is to give notice of all alterations, and have them indorse on the policy, as additions to the description of the property: there is little fear, where this is honestly done, that any company would adopt the sharp practice hinted at in Lord St. Leonards' excellent handy book.
2711. BREAKS IN THE LEASE.—Where a lease is for seven, fourteen, or twenty-one years, the option to determine it at the end of the first term is in the tenant, unless it is distinctly agreed that the option shall be mutual, according to Lord St. Leonards.
2712. NOXIOUS TRADES.—A clause is usually introduced prohibiting the carrying on of any trade in some houses, and of noxious or particular trades in others. This clause should be jealously inspected, otherwise great annoyance may be produced. It has been held that a general clause of this description prohibited a tenant from keeping a school, for which he had taken it, although a lunatic asylum and public-house have been found admissible; the keeping an asylum not being deemed a trade, which is defined as "conducted by buying and selling." It is better to have the trades, or class of trades objected to, defined in the lease.
2713. FIXTURES.—In houses held under lease, it has been the practice with landlords to lease the bare walls of the tenement only, leaving the lessee to put in the stoves, cupboards, and such other conveniences as he requires, at his own option. Those, except under particular circumstances, are the property of the lessee, and may either be sold to an incoming tenant, or removed at the end of his term. The articles which may not be removed are subject to considerable doubt, and are a fruitful source of dispute. Mr. Commissioner Fonblanque has defined as tenants' property all goods and chattels; 2ndly, all articles "slightly connected one with another, and with the freehold, but capable of being separated without materially injuring the freehold;" 3rdly, articles fixed to the freehold by nails and screws, bolts or pegs, are also tenants' goods and chattels; but when sunk in the soil, or built on it, they are integral parts of the freehold, and cannot be removed. Thus, a greenhouse or conservatory attached to the house by the tenant is not removable; but the furnace and hot-water pipes by which it is heated, may be removed or sold to the in-coming tenant. A brick flue does not come under the same category, but remains. Window-blinds, grates, stoves, coffee-mills, and, in a general sense, everything he has placed which can be removed without injury to the freehold, he may remove, if they are separated from the tenement during his term, and the place made good. It is not unusual to leave the fixtures in their place, with an undertaking from the landlord that, when again let, the in-coming tenant shall pay for them, or permit their removal. In a recent case, however, a tenant having held over beyond his term and not removed his fixtures, the landlord let the premises to a new tenant, who entered into possession, and would not allow the fixtures to be removed—it was held by the courts, on trial, that he was justified. A similar case occurred to the writer: he left his fixtures in the house, taking a letter from the landlord, undertaking that the in-coming tenant should pay for them by valuation, or permit their removal. The house was let; the landlord died. His executors, on being applied to, pleaded ignorance, as did the tenant, and on being furnished with a copy of the letter, the executors told applicant that if he was aggrieved, he knew his remedy; namely, an action at law. He thought the first loss the least, and has not altered his opinion.
2714. TAXES.—Land-tax, sewers-rate, and property-tax, are landlord's taxes; but by 30 Geo. II. c. 2, the occupier is required to pay all rates levied, and deduct from the rent such taxes as belong to the landlord. Many landlords now insert a covenant, stipulating that land-tax and sewers-rate are to be paid by the tenants, and not deducted: this does not apply to the property-tax. All other taxes and rates are payable by the occupier.
2715. WATER-RATE, of course, is paid by the tenant. The water-companies, as well as gas-companies, have the power of cutting off the supply; and most of them have also the right of distraining, in the same manner as landlords have for rent.
2716. NOTICE TO QUIT.—In the case of leasing for a term, no notice is necessary; the tenant quits, as a matter of course, at its termination; or if, by tacit consent, he remains paying rent as heretofore, he becomes a tenant at sufferance, or from year to year. Half a year's notice now becomes necessary, as we have already seen, to terminate the tenancy; except in London, and the rent is under forty shillings, when a quarter's notice is sufficient. Either of these notices may be given verbally, if it can be proved that the notice was definite, and given at the right time. Form of notice is quite immaterial, provided it is definite and clear in its purport.
2717. Tenancy for less than a year may be terminated according to the taking. Thus, when taken for three months, a three months' notice is required; when monthly, a month's notice; and when weekly, a week's notice; but weekly tenancy is changed to a quarterly tenure if the rent is allowed to stand over for three months. When taken for a definite time, as a month, a week, or a quarter, no notice is necessary on either side.
2718. DILAPIDATIONS.—At the termination of a lease, supposing he has not done so before, a landlord can, and usually does, send a surveyor to report upon the condition of the tenement, and it becomes his duty to ferret out every defect. A litigious landlord may drag the outgoing tenant into an expensive lawsuit, which he has no power to prevent. He may even compel him to pay for repairing improvements which he has effected in the tenement itself, if dilapidations exist. When the lessor covenants to do all repairs, and fails to do so, the lessee may repair, and deduct the cost from the rent.
2719. RECOVERY OF RENT.—The remedies placed in the hands of landlords are very stringent. The day after rent falls due, he may proceed to recover it, by action at law, by distress on the premises, or by action of ejectment, if the rent is half a year in arrear. Distress is the remedy usually applied, the landlord being authorized to enter the premises, seize the goods and chattels of his tenant, and sell them, on the fifth day, to reimburse himself for all arrears of rent and the charges of the distress. There are a few exceptions; but, generally, all goods found on the premises may be seized. The exceptions are—dogs, rabbits, poultry, fish, tools and implements of a man's trade actually in use, the books of a scholar, the axe of a carpenter, wearing apparel on the person, a horse at the plough, or a horse he may be riding, a watch in the pocket, loose money, deeds, writings, the cattle at a smithy forge, corn sent to a mill for grinding, cattle and goods of a guest at an inn; but, curiously enough, carriages and horses standing at livery at the same inn may be taken. Distress can only be levied in the daytime, and if made after the tender of arrears, it is illegal. If tender is made after the distress, but before it isimpounded, the landlord must abandon the distress and bear the cost himself. Nothing of a perishable nature, which cannot be restored in the same condition—as milk, fruit, and the like, must be taken.
2720. The law does not regard a day as consisting of portions. The popular notion that a notice to quit should be served before noon is an error. Although distraint is one of the remedies, it is seldom advisable in a landlord to resort to distraining for the recovery of rent. If a tenant cannot pay his rent, the sooner he leaves the premises the better. If he be a rogue and won't pay, he will probably know that nine out of ten distresses are illegal, through the carelessness, ignorance, or extortion of the brokers who execute them. Many, if not most, of the respectable brokers will not execute distresses, and the business falls into the hands of persons whom it is by no means desirable to employ.
2721. Powers to relieve landlords of premises, by giving them legal possession, are given by 19 & 20 Vict., cap. 108, to the county courts, in cases where the rent does not exceed £50 per annum, and under the circumstances hereinafter mentioned; i.e.:—
1. Where the term has expired, or been determined by notice to quit.
2. Where there is one half-year's rent in arrear, andthe landlord shall have right by law to enter for the nonpayment thereof. As proof of this power is required, the importance of including such a power in the agreement for tenancy will be obvious.