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24 UNDERGROUND ROOMS.
of opinion that they can properly do so having due regard to
the fitness of the room for human habitation, to the house
accommodation in the district, and to the sanitary condition of
the inhabitants and to other circumstances, but any requisite
which was required before the passing of this Act shall not be
so dispensed with or modified."
Here the Sanitary Authority is charged with a dispensing
power, but a dispensing power so limited that it cannot grant
exemption from any requisite required before the Act of 1891.
In order to define this dispensing power and its limitations
the Sanitary authority is thrown back upon the Metropolis
Local Management Act of August 14th, 1855, Sec. CIII. Here
again the requisites are materially different in underground
rooms in use at or before the time of the passing of that Act, arid
for other underground rooms which might become separately let
or occupied after the passing of that Act. For underground
rooms, let or occupied separately before 1855, the only
practical limitations are the requisite of "an area not less than
three feet wide in every part from six inches below the
floor of such room or cellar to the surface or level of the
ground adjoining to the front, back, or external side thereof, and
extending the full length of such side;" and that "such area, to
the extent of at least 5 feet long and 2 feet 6 inches wide, be in
front of the window of such room or cellar, and be open or
covered only with open iron gratings." For underground rooms
first let or occupied separately after the passing of the 1855
Act, the practical limitations are that there be a ceiling
one foot above the level of the pavement, and an open area
extending along the entire frontage thereof, and at least 3 feet
wide in every part. Here, then, there are four sets of limits
imposed upon the dispensing power of the Sanitary Authority
in regard to underground rooms separately let or occupied.
(а) As to rooms so let on or before 14th August, 1855.
(b) As to rooms not so let on or before 14th August,
1855.
(c) As to rooms so let on or before 5th August, 1891.
(d) As to rooms not so let on or before 5th August,
1891.
(d) As to rooms not so let nor occupied separately, on or
before 5th August, 1891, the Sanitary Authority has no dispensing
power, and the Public Health (London) Act, 1891 applies
absolutely to prevent the letting of underground rooms after
that date—unless such rooms have the requisites prescribed
by the A.ct of 1891.