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73
Acts are by no means confined to areas occupied by the less fortunate
members of the community.
On May 27th, 1908, an important point in the law relating
to underground rooms was decided in the Divisional Court on a
case stated by the Hampstead Justices. The facts in this case
were as folows: The owner of a block of residential flats in the
Town Ward was prosecuted by the Borough Council for allowing
the caretaker to occupy three underground rooms that did not
comply with the requirements of the Public Health (London) Act,
1891, the rooms being deficient in height, light and ventilation, and
in the provision of a proper area outside. Before the Justices,
counsel for the defendant admitted that the rooms did not comply
with the Act, but he took the technical point that the sanitary
authority had known of the occupation for a period of more than
six months, and therefore that by Jarvis's Act they were debarred
from taking proceedings. The Justices upheld this view and dismissed
the summons, but agreed to state a case.
In the Divisional Court Mr. S. G. Turner appeared for the
Council, and Mr. W. Stewart for the respondent. The Lord Chief
Justice, in his judgment, said that the real point in the case was
this: Had the rooms been occupied at any time during the six
months immediately preceding the issue of the summons? If so,
an offence had been committed for which proceedings could be
taken. In this case it was admitted that the rooms had been so
occupied. The appeal, therefore, must be allowed, with costs, and
the case sent back to the Justices. Mr. Justice Darling added that
Jarvis's Act limited the time during which proceedings could be
taken to six months from the time when the matter arose. In this
case the matter was continually arising. The six months' period
was a moving period, and as each night passed a fresh offence
arose on the front of the period, and one went off at the end.
Complaints as to Sewer Ventilators.
During the year, 70 complaints of smells from surface ventilators
were received, as compared with 60 in 1907. This number
does not include those complaints which were sent direct to the
Borough Engineer.