§ MR. MOODYsaid, he would beg to ask the right hon. Gentleman the President of the Poor Law Board, whether any intention is entertained of making an alteration in the law as regards the power of overseers, in ordering medical relief to persons not in the workhouse.
MR. BOUVERIEsaid, that under the Poor Law Amendment Act the overseer was entitled, in cases of urgent necessity, to give an order for medical relief to such persons as he thought required it. A case of the kind alluded to by the hon. Gentleman had occurred in the Somersetshire Union, but afterwards the guardians, not believing it to be a case of urgent necessity, refused to allow such relief. The medical officer, in consequence, brought an action against the overseer in the County Court, and the Judge decided that the overseer was not personally liable. As far as he (Mr. Bouverie) had the means of judging, that decision was right in point of law, nor had the Poor Law Board (though they had offered some advice to the guardians in the particular case refessed to) any intention of altering the general law in that respect. Certainly medical officers of unions seemed exposed to some hardships in such a case, but, at the same time, those gentlemen had the power of protecting themselves, because they could judge whether the case which they were called upon to attend was one of urgent necessity, and if it was not they could decline to act upon the order of the overseer. Medical officers, however, should he very careful in exercising their discretion in such instances, because if, after all, the case turned out to be one of urgent necessity, they would be held responsible.