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The case is an important one and we think that the attention of all the metropolitan borough councils
should be called to it. We therefore recommend—
That a letter be addressed to the metropolitan borough councils calling their attention to the decision of
the magistrate at the Woolwich police-court on 16th December, 1904, to the effect that the supply of water
from a tap in the yard is not a proper and sufficient supply within the meaning of section 48 of the Public
Health (London) Act, 1891, and expressing the Council's hope that they will take all possible steps to secure
the provision of a proper and sufficient supply of water for the tenants of every floor of a tenement house.
Proceedings in respect of similar inadequacy of supply in two houses in Holborn were also
instituted, and the magistrate hearing the case made an Order in respect of both.
Subsequently the borough council of Paddington instituted like proceedings, but with a different
result. The following details of this case are thus given in Dr. Reginald Dudfield's annual report:—
In February, 1905, a letter was addressed by the County Council to all the Metropolitan Boroughs, directing
attention to case heard at Woolwich in December, 1904, in which the magistrate decided that a tap in the yard of
a house of three floors, occupied by five families, was not a proper and sufficient supply of water as required by section
48 of the Public Health (London) Act, 1891. It was suggested in the letter that efforts should be made "to secure the
provision of a proper and sufficient supply of water for tenants of every floor of a tenement house." Instructions
were given to the medical officer of health to cause enquiries to be made in the borough as to the supply provided
in the Clarendon-street area, and a report was submitted in June showing the provision at 30 houses, 10 each in
Circencester, Clarendon and Woodchester-streets. The Committee being of opinion that the supply was not a sufficient
and proper one, directed a circular letter to be sent to the owners of the houses requesting them to provide a better
supply. Certain did so, but others took no action. Subsequently notices under section 4 of the Act were issued,
followed later by proceedings at the police-court against the owners of six houses. The owner of one house then gave
the additional supply, but the others contested the cases. It was shown in evidence that the houses comprised four
floors, were occupied by from five to eight families, and the only supply was from a tap in the basement—in one
case under basement. Mr. Plowden decided that section 48 did not apply; it was a fallacy to suppose that the question
of whether a supply of water was sufficient turned on the number of taps from which it could be obtained. It
depended, in fact, on the source from which the water came. Here there was plenty of water, but there was inconvenience
in getting it." He dismissed the summonses. The Council's solicitor advised that the case was -prima facie
one of fact, and that, having regard to the wording of the section, the opinion expressed by the magistrate was right.
No appeal was therefore taken.
The County Council has since resolved to apply to Parliament for powers, requiring a more
adequate supply and other conditions in tenement houses.
Report of the Inter-Departmental Committee on Physical Deterioration.
The report of the Inter-Departmental Committee on Physical Deterioration was referred to in
the last annual report. In 1905 the Council referred to several Committees for report various
questions which were discussed in the report of the Inter-Departmental Committee and upon some of
these questions the medical officer was instructed by the Public Health Committee to report, and
accordingly a statement which will be found in the appendix (see appendix IV.), was prepared.
The London Equalisation of Rates Act, 1894.
The Equalisation of Rates Act provides that the London County Council shall in each year
form a fund equal to a rate of sixpence in the pound on the rateable value of London. The contribution
from each parish to the fund is to be in proportion to its rateable value. The fund thus
formed is to be distributed among the sanitary districts in proportion to their population. Where a
sanitary district comprises two or more parishes, and the aggregate of the contributions from such
parishes is less than the grant apportioned to the district, the difference shall be paid out of the
fund to the sanitary authority of the district, and no payment towards any equalisation charge shall
be required from any parish in the district.
Subject to the above, when the contribution from a parish is less than the grant due, the
difference shall be paid out of the fund to the sanitary authority of the district forming or comprising
the parish; and if it exceeds the grant to the parish, the Council shall, for the special purpose of
meeting the excess, levy on the parish a county contribution as a separate item of the county rate.
Every sum paid to a sanitary authority must be applied in defraying the expenses of the
sanitary authority incurred under the Public Health (London) Act, 1891, and so far as not required
for that purpose those incurred in respect of fighting, and so far as not required for that purpose
those incurred in respect of streets, and where the sanitary district comprises two or more parishes
the sum paid must be apportioned among such parishes in proportion to their population, and the
amount apportioned to each parish credited to each parish in the reduction of the rate required
from such parish towards the above-mentioned expenses.
The sanitary authority is required to render annually to the Local Government Board a return
showing the amount of the sum to be paid and the total expenses incurred in respect of the three
subjects mentioned.
If the Local Government Board, under section 101 of the Public Health (London) Act, are
satisfied that the sanitary authority have been guilty of such default as in such section mentioned,
and have made an order limiting a time for the performance of the duty of the authority, the London
County Council shall, if directed by the Local Government Board, withhold the whole or any part
of the payment of the sum due to such authority.
The Act provides that for the purposes of the distribution of the fund an estimate of population
on the 6th April in each year will be made by the Registrar-General upon returns which the Local
Government Board will receive from the authority making the poor rate in each parish showing
the total number of houses entered in the rate book of the parish.