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Act of 190 1 that the Legislature views the underground
bakehouse with marked disfavour. Not only is the opening of
a new underground bakehouse absolutely prohibited, but after
so short a period as some two-and-a-half years from the
passing of the Act it is made an offence to use any underground
bakehouse, which has not been certified by the Sanitary
Authority as suitable for the purpose. Moreover, it was
clearly intended that the expression " suitable " should not be
interpreted by local authorities in too lenient a spirit, for
sub-section 4 section 101 contains a distinct instruction from
Parliament that "an underground bakehouse shall not be
certified as suitable unless the District Council is satisfied that
it is suitable as regards construction, light, ventilation, and
in all other respects."
From these provisions it is evident that it was the
intention of the Legislature to close all underground bakehouses
which did not conform to a reasonably high standard of
sanitation. On the other hand, as a safeguard against the
possibly excessive severity of exceptionally zealous Sanitary
Authorities, it is provided by sub-section 7 of section 101,
that should the District Council refuse the certificate the
occupier of the bakehouse may apply to a court of summary
jurisdiction who may grant the certificate, which shall have
effect as if granted by the Council. The magistrate is, therefore,
the ultimate arbiter as to what constitutes suitability " as
regards construction, light, ventilation, and in all other
respects " in an underground bakehouse. This last provision
appears to be entirely unnecessary. It was hardly to be expected
that local authorities would be eager to take away the livelihood
of rate-paying tradesmen by closing their bakehouses, or to
put them to unnecessary expense by insisting upon unjustly
elaborate structural alterations. As a matter of fact the
standards of sanitation generally adopted have certainly not
erred on the side of excessive rigour, and the trade newspaper
states that in one district at all events the "certificate was
to be had for the asking."
The procedure adopted in Battersea in carrying out the
provisions of the Factory Act relating to underground