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128
" But it may be that the proceedings for abating the overcrowding
have been taken by the sanitary authority when the fact
comes to their knowledge, which is not so very often, and no blame
to their officers as it would be easy to shew. If the proceedings
are taken under the Lodging Houses Clause of the Sanitary Act,
1866 (already referred to), the offending lodger becomes liable to
a penalty for breach of the regulations—if the Justice thinks
fit to inflict a penalty which he knows cannot be paid. The
landlord, in the case of a tenement house, or the occupier
in other cases ('keeper,' as he is styled in the regulations)
is also liable to a penalty, if he ' knowingly suffer a greater
number of persons to occupy any room,' in the registered
house, ' than will allow of air space for each person'
according to rules sanctioned by the Local Government Board,
but which vary in different districts, so that what is overcrowding
in one parish may be lawful occupation in the next.
And supposing that the ' keeper,' who in a tenement house is
non-resident, and may be also ignorant of the facts till he gets a
notice from the Sanitary Inspector (but who also not seldom
solicits the aid of the Inspector to enable him to get rid of the
lodger), supposing, I say, that the keeper is ever so anxious to
obey the order to abate the overcrowding, I presume that he will
have to proceed in the manner above indicated, by ejectment, if
the lodger refuses or neglects to quit and give up possession. If
the house be not ' registered,' the overcrowding may be dealt
with as a ' nuisance under Section 19 of the Sanitary Act,
1866, or it may be dealt with otherwise, under Section 29 of the
Nuisances Removal Act. The Justice may make an order, under
the first-named Act, for the abatement of the nuisance; whilst
under the second Act mentioned, any person not obeying the
order to abate the overcrowding becomes liable to pecuniary
penalties, and the house may be closed if two convictions are
obtained in respect of the same house within three months.
Under these provisions proceedings are taken from time to time
with effect, for the abatement of ' overcrowding of houses in such
a manner as to be prejudicial to the health of the inmates.' But