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231
1908
"is not provided is or are a storey or storeys to which a supply of
"water for domestic purposes is not at the passing of the Act being
"furnished by the Metropolitan Water Board by agreement—"
You will see that this proviso is inapplicable to houses first
used as a tenement house after the passing of the Act, but with respect
to a house previously so used, the section is not to supply where the
only storeys with a sufficient water supply are storeys to which water
at the date of the Act was being furnished by agreement, that is,
turning the sentence round the other way, the section is only to apply
to houses which at the date of the passing of the Act were being supplied
with water for domestic purposes " by agreement" with the
Metropolitan Water Board. I imagine there is scarcely a tenement
house in London to which water is supplied by agreement, and the
consequence appears to me to be that the Act will be inoperative as
regards tenement houses existing at the passing of the Act, and as a
further consequence, the summons against Mr. A. will probably fail.
You will remember that I pointed out to you the probable construction
of this clause some weeks ago.
I should have contended, with a very reasonable hope of success,
that if the Act had not been passed, a house such as Andrews' for four
families with only a water supply in the basement, was a house without
a proper and sufficient water supply under the 48th section of
the Act of 1891, but the Act of 1907 seems to cut down what otherwise
would have been the construction of section 48, and renders it less
effectual than it otherwise would have been.
I can hardly believe that the London County Council appreciated
the effect of this section of their Act, or that their intention could
have been to render section 48 of the Act of 1891 less effectual than
it otherwise would have been, except as regards houses first used as
tenement houses after the passing of the Act of 1907, and I suggest,
therfore that you should communicate with the Clerk to the London
County Council or with the Medical Officer, pointing out what appears
to be the construction of the section, enquiring whether this was what
was intended, and if not, what steps they propose to take to remedy
the apparent defect.
As regards tenement houses generally, I am of opinion that it
would be useless to issue summonses for deficient water supply to the
various floors of tenement houses in use as such at the passing of the
Act of 1907.
Will you kindly consider the question and let me know.
Yours faithfully,
(Signed) ARTHUR M. BRAMALL.