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The above provisions have been found in practice to afford a simple and
comparatively inexpensive means of procedure by which the local authority
can, in gross cases of sanitary neglect, compel landlords either to make their
houses fit for human habitation or to close them, and by which the overcrowding
of houses in such a manner as to be dangerous or prejudicial to the
health of the inmates can be prevented.
" These powers, however, are by no means the only ones which have been
conferred on the local authority by the Legislature, with a view to enabling them
to improve the sanitary condition of the houses of the working classes.
" Under the Artizans Dwellings Acts, 1868 to 1885, usually known as Torrens's
Acts, the local authority are enabled not only to secure the improvement or
demolition of houses which are ' in a condition or state dangerous to health, so
as to be unfit for human habitation,' but also to deal with any ' obstructive
building,—i.e., a building which, although not in itself unfit for human habitation,
is so situated that, by reason of its proximity to other buildings, it stops
ventilation, or otherwise makes or conduces to make such other buildings to be
in a condition unfit for human habitation, or prevents proper measures from
being carried into effect for remedying the evils complained of in respect of such
other buildings.
" Under these Acts it is the duty of the Medical Officer of Health to report in
writing to the local authority any premises in the district coming under either of
the above descriptions, and the local authority are required to refer this report to
a Surveyor or Engineer for the purpose of ascertaining, in the ease of any house
alleged to be unfit for human habitation, whether the causes of the evils complained
of can be remedied by structural alterations and improvements, or whether
the premises ought to be demolished. In the case of abuilding reported to be an
' obstructive building,' the Surveyor or Engineer is to make a report to the local
authority as to the report of the Medical Officer of Health, and state what, in his
opinion, will be the probable cost of acquiring the lands on which the building is
erected, and of pulling down the building. In the former case, if the Surveyor or
Engineer reports that the evils complained of can be remedied by structural
alterations or improvements, the local authority may require the owner to
execute them, and, on default, they may order the closing or the demolition of
the premises, or may themselves execute the necesssry works, at the expense of
the owner. On the other hand, if the report of the Engineer or Surveyor is to
the effect that the premises should be demolished, they may order the demolition
of the premises, and, on default of the owner, may themselves take down and
remove them. In the case of an obstructive building the reports of the
Medical Officer of Health and of the Surveyor or Engineer must be taken into
consideration by the local authority, and if the authority decide to adopt them,
they may require the demolition of the building. In that event, if the owner
elects to retain the site, they must pay compensation for the demolition; otherwise,
they may themselves purchase the site.
" Where the evils caused by insanitary dwellings in any area are such that
they cannot be remedied otherwise than by the demolition of so many houses
belonging to different owners, that a complete scheme of rearrangement and