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not become operative, since there was a further appeal to the Board that
had not yet been determined, and that according to Section 39 (2) of the
Act the proceedings for ejectment should not have been taken.
Mr. Turner, in reply, held that the appeal against the closing order
had been determined, and that, therefore, the order had become operative,
and the proceedings were in accordance with the Act. The appeal
against tbe Council's refusal to determine the closing order was another
matter, which did not concern the present proceedings.
Mr. Plowden said the really important thing for him to consider
was this : Is the house sanitary ? If that question were answered in
the affirmative, it would be unfair to eject the occupiers. Mr. Curtis
Bennett said he was prepared to call evidence to prove that the house
was sanitary, but Mr. Turner declined to call any witnesses on this
point, for, he submitted, the question of the fitness of the house for
habitation was not one for the Court to determine; that was entirely a
matter for the Local Government Board, who had already given their
decision. He respectfully submitted that the only course open to the
Court was to convict.
Mr. Plowden said that nothing on earth could take from him his
right to adjourn a case, and he adjourned this case until the Local
Government Board had decided the appeal against the Council's refusal
to determine the closing order. He would not order the tenants to quit
the house unless he was satisfied that it was insanitary.
On December 8th the Local Government Beard held a public local
inquiry in connection with Mr. Arlidge's appeal against the Council's
refusal to determine the closing order, and on 28th February, 1912, the
Board made an order dismissing the appeal.
One of the most important provisions of the Act is that relating to
underground rooms. Under the Public Health Act underground rooms
cannot be occupied separately as dwellings unless they comply with
certain provisions which are specified in detail in the Act. These,
however, do not apply if the rooms are occupied with a room or rooms
on an upper floor. The new Act provides that every underground room
that is habitually used as a sleeping place must be at least seven feet in
height on an average from floor to ceiling, and must comply with such
regulations as the Sanitary Authority, with the consent of the Local
Government Board, may make.