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" Some houses were in a very dilapidated and neglected condition throughout.
" In addition to the above defects many of the houses inspected were found to be structurally
*' faulty, in that the ground floor was below the level of the adjoining street or yard pavement, and
" no means were provided for ventilating the space beneath the floor.
" A number of houses were found to have dark and unventilated staircases, which lead out of
" the ground floor room, or else out of the passage and are situated between the front and back
" rooms.
" My enquiry has been limited to an inspection of the houses specified in the list supplied by
" the Mansion House Council, but the number found to be faulty is so large that it leads to the
" conclusion that the sanitary authority have failed to carry out their duties under the Public
" Health, London, Act, 1891."
We understand that there is but one inspector of nuisances in Rotherhithe, which, according to the
preliminary census, had in April, 1891, a population of 39,074. We consider that one inspector is
insufficient, and that a representation should be made to the Local Government Board to that effect.
Section 1 of the Public Health (London) Act provides that—
" It shall be the duty of every sanitary authority to cause to be made from time to time
" inspection of their district with a view to ascertain what nuisances exist calling for abatement
" under the powers of this Act, and to enforce the provisions of this Act for the purpose of
" abating the same, and otherwise to put in force the powers vested in them relating to public
" health and local government, so as to secure the proper sanitary condition of all premises within
" their district."
We have come to the conclusion that the sanitary authority have failed to comply with the requirements
of this provision, and that the Council should intervene, as it is authorised to do either under
section 100 or section 101 of the Act, which are as follows—
Section 100.—" The County Council, on its being proved to their satisfaction that any sanitary
" authority have made default in doing their duty under this Act with respect to the removal of
" any nuisance, the institution of any proceedings, or the enforcement of any by-law, may institute
" any proceeding and do any act which the authority might have instituted or done for that purpose,
" and shall be entitled to recover from the sanitary authority in default all such expenses in and
" about the said proceeding or act as the County Council incur, and are not recovered from any
" other person, and have not been incurred in any unsuccessful proceeding."
Section 101 (1).—" Where complaint is made by the County Council to the Local Government
" Board that a sanitary authority have made default in executing or enforcing any provisions
" which it is their duty to execute or enforce of this Act, or of any by-law made in pursuance
" thereof, the Local Government Board, if satisfied after due enquiry that the authority have been
" guilty of the alleged default, and that the complaint cannot be remedied under the other pro"
visions of this Act, shall make an order limiting a time for the performance of the duty of such
" authority in the matter of such complaint. If such duty is not performed by the time limited in
" the order, the order may be enforced by writ of mandamus, or the Local Government Board may
" appoint the County Council to perform such duty."
We do not consider that it would be satisfactory, in order to remedy the described conditions, that
the Council should proceed under section 100, for this section while sufficient for the purpose of default
in respect of a particular proceeding or nuisance, does not appear to be a convenient method of dealing
with default relating to hundreds of houses.
Section 101 on the other hand seems applicable to a case of this kind, and we accordingly
recommend—
(a.) That complaint be made to the Local Government Board, under section 101 of the Public
Health (London) Act, 1891, that the Vestry of Rotherhithe have made default in carrying out the
provisions of the Act in their district.
(6) That a representation be made to the Local Government Board, under section 107 (2) of the
Public Health (London) Act, 1891, that the Vestry of Rotherhithe have failed to appoint a sufficient
number of sanitary inspectors.
(c) That the vestry and the Mansion House Council be informed of the Council's decision in
the matter.
Subsequently, on the 21st of March, the Committee presented the following report to the
Council—
On the 21st February last we reported to the Council upon the insanitary conditions found on a
recent inspection of the parish of Rotherhithe, and the Council resolved that complaint should be made
to the Local Government Board, under section 101 of the Public Health (London) Act, 1891, that the
Vestry of Rotherhithe had made default in carrying out the provisions of the Act in their district. It
was also decided to represent to the Local Government Board, under section 107 (2) of the Act, that the
vestry had failed to appoint a sufficient number of sanitary inspectors.
The vestry were informed of these resolutions, and, on the 24th February, wrote stating that they
had decided to take immediate steps to appoint two temporary certificated sanitary inspectors, subject
to the approval of the Local Government Board, and that the question of the appointment of an additional
permanent inspector had been referred to their Sanitary Committee for consideration and report.
We have suggested to the vestry that they should communicate their decision to the Local Government
Board, the matter being now in the hands of that Board, and we report the facts for the information
of the Council.
The Local Government Board, having asked the Council for a detailed statement of the
particular cases upon which it relied in support of its complaint under section 101, and the grounds
upon which it considered that the complaint in these cases could not be remedied under the provisions
of section 100, the Committee on the 25th April presented a further report to the Council as follows—
On the 21st of February last we reported to the Council upon the insanitary conditions found on a
recent inspection of the parish of Rotherhithe, and the Council resolved that complaint should be made
to the Local Government Board, under section 101 of the Public Health (London) Act, 1891, that the
Vestry of Rotherhithe had made default in carrying out the provisions of the Act in their district. It
was also decided to represent to the Local Government Board, under section 107 (2) of the Act, that the
vestry had failed to appoint a sufficient number of sanitary inspectors.
A communication in accordance with these resolutions was made to the Local Government Board,
and the Board now ask that they may be furnished with a detailed statement of the particular cases
upon which the Council relies in support of its complaint under section 101. They also inquire on what
grounds the Council considers that the complaint in these cases cannot be remedied under the provisions
of section 100 of the Act, which empowers the Council to act in default of a local authority.
We have authorised a reply to be forwarded to the Local Government Board, enclosing a copy of