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"(b) Construction.—Under this head would be classed original defect of plan.
For example: a dwelling house improperly ventilated or lighted, or with the
"closet and dust bin so situated as to cause a nuisance within the house.
Any condition which results in permanent dampness.
"Such faulty construction of chimney flues as permits products of
"combustion from adjoining promises to permanently contaminate the air of
"living rooms.
"(c) Age and General Want of Repair.—This, when it reaches a degree of
"dilapidation, is obviously a just cause for representation.
"(d) Nuisances.—Bad drainage, faulty closets, filth, per se, &c., are, in our
"opinion, grounds for action rather under the Nuisances Removal and Sanitary
"Acts, but when affecting a whole dwelling-house, or when combined with faults
"of site and construction and general want of repair, they justify action also
"under the Housing of the Working Classes Act.
"In all the above Cases the question of Detjree comes in.—It is, indeed, this
"question of degree that renders precise definition impossible ; general principles
"can alone be laid down."
"CUSTOMS AND INLAND REVENUE ACTS, 1890 and 1891."
In 1890 an Act was passed containing a Section dealing with the exemption of
certain houses from Inhabited House Duty. Under that Act, Sub-section 2, of Section
26, provided that "the assessment to Inhabited House Duty of any house originally built
or adapted by additions or alterations, and used for the sole purpose of providing
separate dwellings for persons at rents not exceeding for each dwelling the rate of
seven shillings and sixpence a week, and occupied only by persons paying such rents,
shall be discharged" if a certificate is produced to the Commissioners to the effect that
the house is so constructed as to afford suitable accommodation for each of the families
or persons inhabiting it, and that due provision is made for their sanitary requirements.
The certificate is to be obtained from the Medical Officer of Health for the district
in which the house is situate, or from some other legally qualified medical practitioner
having the qualification required for the office of Medical Officer of Health of the
district, and appointed as provided by the Section. The Section makes it the duty of the
Medical Officer of Health, on request by the person who would be liable to pay the
house duty on any house in the district, if the duty were not discharged by the
Commissioners, to examine the house for the purpose of ascertaining whether a
certificate can properly be given; and if the house is constructed so as to afford
suitable accommodation for each of the families or persons inhabiting it, and due
provision is made for their sanitary requirements, the Medical Officer is to certify the
same accordingly, free of charge.