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alteration of the building, if they can properly do so, having due regard to the fitness
of the room for human habitation, to the house accommodation in the district, and
to the sanitary condition of the inhabitants, &c.; but any requisite which is at
present required cannot be dispensed with or modified. Dispensations and modifications
may be allowed either absolutely or for a limited time, and may be revoked
or varied. An owner of a room aggrieved by the] Vestry's refusal to dispense with
or modify requisites, may appeal to the Local Government Board, who may deal
with the case as if they were the Sanitary Authority. Any allowance the Board make
may be revoked or varied by them but not by the Sanitary Authority. Where two
underground rooms are occupied together, each is deemed to be separately occupied
if the tenant occupies no other room on any other floor. An underground room
which is slept in, comes within the meaning of the section; evidence giving rise to
probable presumption of such user is to be accepted until the contrary is proved. If
the room is slept in, the defendant has to show that it is not separately occupied as a
dwelling. Section 97 transfers the duty of reporting underground rooms from the
District Surveyor to an officer appointed or determined for the purpose by the Sanitary
Authority, as that Authority may order, and the report is to be made to them
and not to the County Council. Power to enter and inspect by "day" is given ; if
admission is refused, authority to enter may be given by warrant of a justice. Section
98 deals with second convictions, and provides for the closing of the room in specified
circumstances. It must be obvious that the duties thus devolved upon the Sanitary
Authority will entail much additional work on their officers.
The Authority for the Execution of the Act in this Parish is the Vestry
(Section 99).
Appointment of a Committee.— The Sanitary Authority may appoint a Committee
for the purposes of the Act, who, subject to the terms of their appointment,
may serve and receive notices, take proceedings; and empower any officer to make
complaints and take proceedings in their behalf, and otherwise execute the Act,
as formerly under the Nuisances Removal Acts (section 99).
Supercession of the Sanitary Authority.—Section 100 enables the County
Council to institute any proceedings, or enforce any bye-laws, or do any act which a
Sanitary Authority should have done but has failed to do, and to recover from the
Sanitary Authority in default such expenses as they incur in so doing.
Defaulting Sanitary Authority.-Section 101 authorises the County Council to
report a defaulting Authority to the Local Government Board, who, if satisfied, after
enquiry, that the complaint is well-founded, must make an order limiting a time for
the performance of the duty: if the duty is not done within such time, the order may
be enforced by a writ of Mandamus; or the Board may appoint the County Council
to perform such duty. The remainder of the section sets out the powers of the
Council under such appointment, including that of levying a rate. Much objection
has been raised to these two sections—but they need cause no alarm to any Sanitary
Authority accustomed to discharge their duties.
Borrowing Powets. —-Section 105 enables the Sanitary Authority to borrow
for the provision of hospitals and mortuaries; and with the consent of the Local