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the present case the Defendant had not appealed against the Notice
to repair; he had, however, attempted to appeal against the demand
for expenses, but his notice being out of time, the Minister had
refused to entertain it. The Magistrate, as in previous cases, overruled
the objection of the Council's Solicitor and proceeded to hear
the evidence, finding as stated above.
In view of the small amount involved, the Council decided not
to ask for a Case to be stated, but to bring the facts to the notice
of the Minister with a view to the matter being remedied in future
legislation. In these circumstances, I am instructed to ask if
the Minister will kindly consider the advisability of inserting provisions
in the next Housing Bill, setting out clearly the right of
Appeal against Notice for repairs and Demands for expenses as
established in the case of Rex v. Minister of Health ex-parte Rush,
and preventing any enquiry by the Magistrate (except, of course,
as to the approval by the Council of and service of the Notice to
repair and the Demand for expenses) in summary proceedings for
recovery of expenses. The Council's view is that expenses incurred
by them under the Section in question should be as unquestionable
in a Court of Summary Jurisdiction as of a wage-earner's assessment
to income tax.
I am, Sir,
Your obedient Servant,
(Signed) J. Percy Shuter,
1th February, 1923. Town Clerk.
The Secretary,
Ministry of Health,
Whitehall, S.W. 1.
Closing Orders.
Closing Orders were made during the year in
connection with the following properties:—
(i) 61 and 63, Aspenlea Road.—These premises,
which comprised a number of tenements, with a large
common yard in the centre, were found in a very bad
sanitary condition and much dilapidated. The inhabitants
of this yard were mainly Italians, who
made ice-cream in small lock-up premises under the
tenements in which they lived. Notices were served
upon the owner in September, 1922, under Section 28
of the Housing, Town Planning, etc., Act. The
owner served a counter-notice that the premises were
incapable, without reconstruction, of being made fit
for human habitation, and declaring his intention of
closing the premises for human habitation, which the
Council accepted on the 29th November, 1922. The
District Surveyor, who had previously inspected