View report page

2
A return prepared by Captain Sinclair at the request of a Committee of the Council in 1890,
showed that out of a total of 40 districts regulations had been adopted at various dates in 31 districts,
and were then enforced in 21 districts.
The Public Health (London) Act, 1891, made it obligatory upon London sanitary authorities
to make and enforce by-laws relating to houses let in lodgings. The accompanying return shows
that by-laws under sec. 94 of the Public Health (London) Act, 1891, are in force in 26 of the 42
London districts, and in five other districts such by-laws have been framed, and await confirmation
by the Local Government Board. In these five districts and in the 11 districts which yet remain of
the total number unaccounted for regulations, made under the Act of 1866, are in force.
With regard to the exemption of certain houses from the action of the by-laws, it may be noted
that the " exemption clause " is a feature not met with in the early regulations made under the Sanitary
Act of 1866.
The Local Government Board in 1880 thought it desirable to suggest in the model series of bylaws
a clause providing "for the exemption of lodging-houses, as to which it may be reasonably inferred
that such supervision as elsewhere a local authority alone can efficiently exercise, will in fact be exercised
by the lodgers themselves."
The by-laws of several London sanitary authorities possess such an exemption clause. The
lowest limits assigned are those of the Stoke Newington by-laws, in which unfurnished lodgings, the
rent of which exceeds 2s. 6d., and furnished lodgings, the rent of which exceeds 4s., are exempted.
In St. Luke the corresponding limits are 3s. and 5s. 6d., and in Lee 5s. and 7s. In Paddington,
Whitechapel, St. George-in-the-East and Camberwell the limits are 5s. and 7s. 6d. In Fulham,
Hackney, St. Olave, Battersea, St. George's Southwark, and St. Saviour's, Southwark, limits somewhat
higher than those already quoted are assigned, and in Westminster and Wandsworth the highest limit
for unfurnished lodgings obtains viz., 8s.
It will be seen that the limits assigned in some of the above cases are so low as to make it
likely that houses will be excluded from the operation of the by-laws which the sanitary authority
might find it desirable to register.
In some of the by-laws recently confirmed it is provided that after certain preliminary procedure,
such as the passing of a resolution by the Health Committee or by the Vestry, the by-laws
may be applied to any house let in lodgings in the district.
With regard to provision as to cubic air space the by-laws of the model series issued by the Local
Government Board in 1880 are adhered to in the majority of instances, and 300 cubic feet of free air space
for each person of an age exceeding 10 years, and 150 cubic feet of free air space for each person of an age
not exceeding 10 years are required in the case of a room used exclusively as a sleeping apartment,
while the corresponding amounts of space required in the case of a room not used exclusively as a
sleeping apartment are 400 and 200 cubic feet.
In none of the by-laws confirmed since the passing of the Public Health (London) Act, 1891, has
a provision of less air space than that just stated been prescribed. A further indication of improvement
is afforded in some of the by-laws recently confirmed (Plumstead, St. Pancras and Strand) in that
distinction has not been made between children and adults in the requirements as to air space.
The number of houses on the register at the present time in the various districts is given in the
annexed table; in some instances the replies received state that although no houses are now on the
register, steps are being taken with a view to carrying the by-laws into effect.
Under the following sections of the Public Health (London) Act, 1891, the sanitary authority is
given a permissive power to make by-laws.
Sec. 45.— 1. (a) Where a sanitary authority provide and maintain any public lavatories, ashpits,
or sanitary conveniences, such authority may make by-laws as to the decent conduct
of persons using the same.
Sec. 66.— (3.) Any sanitary authority may make by-laws for removing to any hospital to
which that authority are entitled to remove patients, and for keeping in that hospital as
long as may be necessary any persons brought within their district by any vessel, who are
infected with a dangerous infectious disease.
Sec. 88.—Every sanitary authority shall provide and fit up a proper place for the reception of
dead bodies before interment (in this Act called a mortuary), and may make by-laws with
respect to the management and charges for the use of the same.
Sec. 95.—A sanitary authority may make by-laws for promoting cleanliness in, and the
habitable condition of tents, vans, sheds, and similar structures used for human habitation,
and for preventing the spread of infectious disease by the persons inhabiting the
same, and generally for the prevention of nuisances in connection with the same.
The accompanying return, which gives a summary of replies received from medical officers of health,
shows that by-laws under Sec. 45, 1. (a) are in force in one district (St. James, Westminster), and that
none of the authorities have made use of the power to make by-laws under Sec. 66 (3). Sec. 88 reproduces
Sec. 27 of the Sanitary Act 1866, under which section several authorities already possessed
regulations as to mortuaries. The replies received from a few authorities show that by-laws with regard
to mortuaries have been made under Sec. 88 of the Act of 1891.
Sec. 95 of the Act of 1891, reproduces Sec. 9 of the Housing of the Working Classes Act
of 1885. By-laws under Sec. 95 of the Public Health (London) Act, 1891, are in force in Lewisham,
and the District Board of Wandsworth has submitted draft by-laws for the approval of the Local
Government Board.
Under the following sections of the Public Health (London) Act, 1891, the sanitary authority is
given a permissive power to make regulations.
Sec. 45 (1) (a) " Where a sanitary authority provide and maintain any public lavatories, ashpits
or sanitary conveniences, such authority may make regulations with respect to the
management thereof."