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Case illustrative of the power of a magistrate to exercise the functions of a sanitary authority
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CASE ILLUSTRATIVE OF THE POWER OF A MAGISTRATE TO EXERCISE THE FUNCTIONS OF A SANITARY AUTHORITY. IN t h e M e t r o p o l i s u n d e r S e c t i o n 13 o f t h e N u i s a n c e R e m o v a l A c t [ a n d in t h e P r o v i n c e s b y virtue o f P u b l i c H e a l t h A c t , 1875 , S. l O 5 ] - - 2 3 a n d ~4 Vic. c. 77, u p o n c o m p l a i n t b e f o r e a J u s t i c e o f t h e P e a c e b y any inhaMtant o f a n y parish or place of the existence of any nuisance o n a n y p r i v a t e p r e m i s e s in t h e s a m e p a r i s h o r p l a c e , s u c h j u s t i c e shall i s s u e a s u m m o n s , r e q u i r i n g t h e p e r s o n b y w h o s e act, d e f a u l t , p e r m i s s i o n o r suffera n c e t h e n u i s a n c e arises ; o r if s u c h p e r s o n c a n n o t b e f o u n d o r a s c e r t a i n e d , t h e o w n e r or o c c u p i e r o f t h e p r e m i s e s o n w h i c h t h e n u i s a n c e arises, t o a p p e a r b e f o r e two j u s t i c e s [or a s t i p e n d i a r y ] . . . w h o shall p r o c e e d to i n q u i r e i n t o t h e s a i d c o m plaint, a n d a c t in r e l a t i o n t h e r e t o , as in c a s e s w h e r e c o m p l a i n t is m a d e b y a l o c a l a u t h o r i t y u n d e r Sec. x27, t h e s a i d N u i s a n c e R e m o v a l A c t , a n d as if t h e person making the complaint were such local authority. P r o v i d e d always, t h a t it shall b e lawful for t h e s a i d j u s t i c e s , if t h e y s e e fit t o a d j o u r n t h e h e a r i n g • . for a n e x a m i n a t i o n of t h e p r e m i s e s . . a n t i to r e q u i r e t h e e n t r y i n t o s u c h p r e m i s e s o f a n y constable or other person or persons . . . The S e c t i o n g o e s o n to s t a t e t h a t t h e m a g i s t r a t e s ' o r d e r is a t t e n d e d with t h e like p e n a l t i e s a n d c o n s e q u e n c e s as for d i s o b e d i e n c e u n d e r t h e N u i s a n c e Removal Act. T h i s S e c t i o n is b u t s e l d o m t a k e n a d v a n t a g e of, a n d in t h e few c a s e s in w h i c h a p p l i c a t i o n h a s b e e n made to a magistrate, he has asked the natural question, " Have you made any communication to the Local Authority ?" I f this h a s n o t b e e n d o n e , t h e m a g i s t r a t e h a s u s u a l l y r e f e r r e d t h e a p p l i c a n t , in t h e first p l a c e , to t h e local a u t h o r i t y . I n this c a s e t h e m a g i s t r a t e m a d e full u s e o f his p o w e r s : ~ At Worship Street Police Court, before Mr. Montague Williams, the National Temperance Land and Building Company (Limited), carrying on business at No. 2I, Charterhonse Street, Holborn Circus, were summoned on the information of Mr. Bennett G. Burleigh for that they, being the owners of I~Tos. 9, IO, and II, Ann's Place, Boundary Street, Shoreditch, had allowed the following nuisances injurious to health to exist there :--The drains were imperfect, the premises were damp, there was want of proper ventilation, and the premises were not safe and habitable, and that those nuisances were caused by the act or default of the owners. Mr. C..f. Smith, of Messrs. Rollit and Sons, Mark Lane, E.C., in the absence of Sir Albert Rollit, M.P., appeared for the complainant ; Mr. Temple Cooke, barrister, represented the defendants ; whilst Mr. C. A. Roberts watched the case on behalf of the Solicitors' Department of the London County Council ; Mr. Enoch Walker, vestry clerk, and Mr. Hugh Alexander, chief sanitary inspector, attending on the part of the vestry of Shoreditch. Mrs. Mary Jeune, district visitor for the Rev. Osborne Jay, vicar of Holy Trinity, Shoreditch, and Miss May Abraham, of the Women's Trades Union and Provident League, were also present, and great
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interest was manifested in the proceedings, the court room being crowded. Mr. Smith, in opening the ease, said : The houses of which we.'eomplain are three in number, and are situated in Ann's Place, Shoreditch. They overlook a court, and the rooms are exceedingly small, the top rooms being so low that a man cannot stand upright in them with his hat on. The)" are so constructed that it is impossible for them to be ventilated. Closets and dustholes are immediately outside some of the rooms, and many of the closets are without water, because the apparatus will not work. Rats run all over the place. The roofs let in the rain, and the walls are fearfully damp; so, that it is utterly impossible for anybody to live in the houses with anything in the least approaching comfort. Some time back the Vestry took these houses in hand, and an order was made that the property should be demolished. The owners appealed against the order, and an arrangement was made that the premises should be put in repair; but they were only botched up, and the evil now is as great as ever it was. Charles Thorpe then gave evidence, and in reply to Mr. Smith, he said : I have lived in Ann's Place altogether about five years. I left the apartments I last occupied because of alterations. I now rent two rooms on the second fl,9or of No. I I , and pay 5s. per week for them. The roof is imperfect in several places, and rain comes into both my rooms. Mr. Smith : How are the ceilings of your rooms ? Witness: When the weather is dry they are dry ; but when it is wet they are decidedly wet. (Laughter.} What about the ventilation ?--There is none. Have yon ever been in No. IO ?--I originally occupied rooms in No. IO. Mr, M. ~vVilliams : You had better confine your evidence to what is the existing state of things. Witness: I was there yesterday, and the rooms are in just as bad condition as when I left them. Mr. Smith : How many people live in the court altogether ? Mr. M. Williams : You had better take house by house. Witness: There are eleven people in No. x l. I have not seen any rats upstairs there, but if you look into the area you can see them running about. (Laughter.) The closets have no water supply at all--or rather there is a supply, but the apparatus is very defective. Mr. Smith : Have you ever made any complaint ? Witness: I have complalned to Mr. Akers, the agent, of the water, the smells, and the rain coming in through the roof. There are two coppers for twenty houses--one can be used and the other cannot. (Laughter.) How many people live in the court now ?--There are two. shops and thirty-three rooms occupied, and they accommodate Io8 people in all. Mr. Cooke : What is the proportion of men, women and children ?~Witness : The thirty-three rooms are let to about ten families. There would be about thirty men and women, and the rest would be children. With regard to complaints, when do yon say you made the last ?--I have made complaints so often that I can hardly tell when the last was. It was yesterday, I think. (Laughter.) What was that about ?--They brought a man to look after the repairs. Mr. M. Williams : That was after the issue of the summons. Mr. Cooke: What was the complaint before that ? Witness : The complaints have been so frequent. When was it ? ~ I should say about a month ago. When did you complain of the ashpit ?--I have never complained about the ashplt, but it is under the stairs, and the smell goes into the rooms upstairs. Do you, as a matter of fact, know that the ashpit is lined all through with zinc, and that a pipe leads from it to the top of the house for the purpose of ventilation ? ~ I don't know. What did you object to about the closet ?---Insufficient water. Have you complained about that ?--Yes, To whom ?--To the agent.
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When ?--Over and over again. What has Mr. Akers done in consequence of your complaints ?--Asked me for my rent. (Laughter.) When were workmen last in the house ?--Last year. Have you complained since then ?--Yes. And have workmen been sent in consequence?--No. You swear that no workmen have been to look after the water since I888 ?--That I swear. What is the size of your rooms ?--About twelve feet square. H o w many does your family consist of T--Three daughters and four sons. Their ages ?--From twenty years to eighteen months. And you keep them in your two rooms?--Most decidedly ; I have to. Mr. Cooke (to the magistrate) : The difficulty I have is to see what the landlords are to do. Mr. M. Williams : They are bound to keep them fit for human habitation. Mr. Cooke : The real evil is overcrowding, and I don't see how the Iandlords are responsible for that. Mr. M. Williams : Overcrowding is not the cause of the closets being all wrong. Witness : Nor of the rain coming through the roof. (Laughter.) Mr. Cooke : Have you complained about the rain ? Witness : Yes ; and the only thing the agent said was, "' Pay your rent." Mr. M. Williams : Do you owe rent ? Witness : Certainly. How much ?--There are eight weeks not paid. Why do you not pay it ?--Because I have not done work enough. So that the landlord has a grievance against you respecting the rent ?--Yes. Mr. Cooke : Are you sure that you owe only eight weeks' rent ? Witness : Here is the rent-book. Mr. Cooke : I am instructed that you owe more. Mr. M. Wi]llams : This is not a question of owing rent, but of keeping the house in habitable condition. Mr. Cooke : Did you apply for this summons yourself ? Witness :--No. Were you asked to come here ?--Yes. Mr. M. Williams : It is just as well that it should be understood how this matter stands. Under the i8th and I9th ot Victoria, the local authorities alone have power to take out a summons of this description ; but by the 23rd and 24th of Victoria, cap. 77, any inhabitant can come before a magistrate and complain of the existence of a nuisance. Therefore, anybody who is an inhabitant has a perfect right to take these proceedings. The later Act gives them precisely the same power as was possessed by the local authorities before. I cannot help thinking it is a most salutary Act of Parliament, for it says in effect : " If the local authorities do not move, or are obstinate and will not, an individual can step in and say, ' I will take the initiative.'" Are you prepared to combat that ? Mr. Cooke : Not all of it. I understand that Mr. Bennet Burleigh is the complainant in this ease, and I am instructed that he is not an inhabitant at aU. I was under the impression that the witness in the box was the complainant, but if Mr. Burleigh be not an inhabitant he has no locus standi. Mr. M. Williams : He does not assert any locus slandi. Mr. Cooke : The summons was issued on his complaint. Mr. M. Williams: At present the witness is the complainant. Witness : I am complainir.g about the rooms. Mr. Cooke : But the summons was issued at the instance of Mr. Burleigh, and I submit that until he is in the box there is no summons to be heard. Mr. M. Williams : I do not think that is so ; but, if it is, I have power to amend the summons. Mr. Cooke : It seems to me that the landlords have some little rights. T h e y must be considered as well as the inhabitants of these dwellings, much as we may sympathise with
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the poor. I am instructed that this is not a bad case ; indeed, the people who applied for the summons admitted that this was not one of the many outrageous cases which undoubtedly do exist in London. I think we have a right to complain that we are brought here at less than twenty-four hours' notice, and that we have not had an opportunity of bringing witnesses, I have been cross-examining absolutely in the dark, and I ask, sir, if you amend the summons you will grant an adjournment for a reasonable time. Mr. M. Williams!: I will amend the summons by inserting the name of the witness as the complainant instead of that of Mr. Burleigh ; but I shall not adjourn it on that account. Whether A, B, or C is the complainant cannot possibly matter, so far as the merits of the ca~e are concerned. Under the Act of Parliament my powers are enormous. I can order the owners to do just what I please, or next door to it. Do the defendants not think that something should be done to put these houses in a sanitary and proper condition ? That is all that is wanted. Mr. Cooke : The company are willing to do everything that is proper and reasonable. If you would appoint somebody to suggest, or would suggest yourself, what ought to be done, it shall be done. I am not instructed to fight the case. Mr. Walker, the vestry clerk, intimated that he represented the local authorities, and that they did all they could to effect the demolition of these premises years ago, and failed. They are utterly unfit for habitation. It has been said that they were built as model dwellings. That is not so ; they were erected so far back as the year I83o, I believe. Mr. Smith (to Thorpe) : What is the name of the landlord in the rent-book ? Witness : There is no name. When I pay rent I have not the least idea to whom I am paying it. The agent lives in the corner of the court. Mrs. Ellen Simpson, who carried a baby in her arms, next gave evidence. In answer to Mr. Smith, she deposed : I live at No. 9, Ann's Place, Shoreditch, and occupy one room, for which I pay 3s. per week. I have chddren, who, with my husband and myself, occupy the room. The eldest child is eleven years old, and the youngest three months. Mrs. Smith, a tenant, gave evidence as to bad smells, dampness, and other defects. Mr. Hugh Alexander, sanitary inspector for Shoreditch, said : I know these houses. A very large number of people live in the court. Mr. Smith : Some time back did you or your vestry take proceedings for the demo!ition of the property ? Witness • Yes. What was the upshot of the proceedings ?raThe medical officer condemned the premises, and the vestry appointed an architect to say what ought to be done, and he recommended that they should be demolished. The freeholder appealed to the Court of Quarter Sessions, where the case Was heard. The magistrates visited the court. At that time the condition was a great deal worse than anything I have ever seen. The magistrates, instead of ordering the houses to be pulled down, directed some alterations to be made, and there the matter ended. The owner employed an architect, and the houses were converted, but they still remained in a very insanitary. state. In his opinion the premises were in an insanitary state. He had last visited them two or three weeks ago, but had not taken any proceedings because the present owners had done all they could with such property. Through venti~ lation could not be obtained. Mr. M. Williams : You think that nothing ,hort of demo. lition will remedy the evil ?--Witness : I do. ' Why have you not taken proceedings ? - - I believe that the medical officer intends to take action again. Do you mean that if I adjourn the ease the vestry will take steps for the demolition of the properly ? - - I cannot say that. Mr. Cooke: Then what do you mean ?--Witness : The medical officer has complained and the matter has been brought to the attention of the London County Co,ncil.
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The County Council are considering the matter ?--Yes. Mr. Bennet G. Burleigh was the next witness, and he deposed : I live in Orlando Road, Clapham, and am a journalist. I have visited these premises recently--half a-dozen times at least ; indeed, I have examined nearly all the houses in A n n ' s Place. T h e top rooms are practically garrets ; I cannot stand uptight in them with my hat on. The ceilings a n d roofs are broken ; I could see the outer light. T h e floors were rotten. The houses are occupied by a large number of people. The closets have no water, and the teuants say that that has been the case for some years. In Mrs. Simpson's room a smell proceeded from the stables. T h e walls were damp, and I noticed rat holes. In Thorpe's rooms the ceilings were all marked, as if by rain. T h e floor was broken, and the woodwork generally was in a very dilapidated condition. I should not like to live there myself, nor to allow anything I love to do so--not even a dog. Mr. Cooke, in cross-examinatlon, elicited that Mr. Burleigh was a journalist attached to the Daily Telegraph. Mr. Cooke : Have you any pa)ticular knowledge of the question of sanitation ? - - I am qualified partly by technical training and partly by experience and observation. I have studied civil engineering. W h a t led you to go to these houses ? - - I saw a statement a short time ago that the condition of Shorediteh was comparatively pure, and that certain allegations which had been made could not apply to Shoreditch. I meant them to apply to Shoreditch, and I went there to verify m y information. In order that you might write articles in the Daily Telegraf,,~ ?--Quite so. How many times have you been to these houses ? ~ A t least half a-dozen times. I looked into the whole of them. Do you agree with Mr. Alexander that the houses are structurally not unsafe ?--Some of them are unsafe ; I should say that the upper parts are unsafe. Are you of opinion that the premises can be put in proper sanitary condition ? - - I t is impossible to render them fit for h u m a n habitation. They are in a well, and the circulation of air is not possible. Mr. Smith intimated that that was the ease for the complainant. After an interval the nmgistrate decided to proceed and inspect the premises at once, adjourning the Court for the purpose. His worship, who was accompanied by Mr. Alexander, Mr. Cooke, Mr. Smith, Mr. Revill, and Mr. Bennet Burleigh) made a very thorough examination of the houses, from first floor to the garrets, entering not only the rooms of Mr. Thorpe and Mr. Simpson, but those of m a n y of the other tenants. T h e dirt and dampness of the walls were particularly noted, as well as the condition of the closets. On the resumption of the Court the magistrate said the ilIspection of the premises had taught him more than the examination of forty witnesses could have done. He purposed giving his decision at that sitting, and would consequently hear what the learned counsel for the defendants had to urge. Mr. Cooke : I quite agree that it is a good thing we have had an opportunity of seeing the houses, and having seen them I cannot contend that there is not a considerable amount ot repair absolutely necessary. As to the impossibility of making them habitable I differ ; but inasmuch as much repair is needed I cannot resist an order, if you see fit to make it, that the premises shall be closed from a given date, so that we may execute the needful repairs. I cannot, however, hide from myself the fact that this has been made a cause cdl~bre to some extent through articles in the newspapers. From those articles I gather that my clients are themselves attacked for the way in which they have managed this particular property ; but on their behalf I will say that, having come into possession of the houses as mortgagees some years ago, they have expended a considerable sum of money unon them. They h a v e d o n e so much )hat I believe the tenants are not dissatisfied, and would be sorry to see the property pulled down. The company have expended nearly .~5oo
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over and above the rents ; therefore no charge can be brought against them of having rack-rented or sweated the tenures. I would suggest that the order should be for closing the premises and specifying such repairs as you consider ought to be done. I submit that you are bound to specify the repairs, and cannot make a general order to put the houses into habitable or tenantable repair. Mr. M. Williams : I think I can. Mr. Cooke (after consultation): It is thought now that there is power to make a general order. If such an order is made the question will then arise to my clients whether the property is worth repairing, or whether it will not bc wiser to pull down and rebuild. The order should not come into effect for some time, because it the tenants have ta mrn f~t in all haste hardship will be inflicted upan ,*hem Mr. M. Williams, in delivering judgment, said : I have not the smallest doubt what I ought to do now that I have seen the premises. I quite agree that they are in a most insanitary state and unfit for human habitation at present. It is really a mystery how families of tens and twelves have existed in them, and everybody must commiserate with them. I do not care under what circumstances this summons came before me ; I consider that the thanks of the public are due to those who were instrumental in having it issued. I can have no doubt that the houses are perfectly unfit to live in, and I shall direct them to be closed, and to remain so until they are made fit for human habitation. It is a question for the defendants whether it will be worth while to throw good money after bad. I do not doubt that they have lost their money, but private interests must suffer. So far as the public g% these premises will be closed, and I must have evidence that they are habitable before I allow them to be reopened. As to the other smnmonses, I must leave them to take their course. I consider that the same remark applies to the whole of the houses in the court ; alI are utterly unfit for habitation, and if the summonses are brought before me I do not see how I can make a different order from that which I have given in this case. It is for the landlords to determine whether they will wait to have the law put into force. T h e only thing that presses upon my mind is where the poor people are to go who will be turned out. There are to8 persons. I do not know where on earth they are to go ; but I hope that the greatest possible consideration will be shown to them. True, they are in a bad state where they are ; but if they are turned into the streets houseless and homeless possibly they will be worse off for a time, and therefore I trust that the landlords will treat them with the utmost con. sideration. I am sure that they will.
ENTERIC FEVER AT ST. H E L E N S . - - E n t e r i c f e v e r c o m m e n c e d in t h e m o n t h o f M a y in St. H e t e n s . In that month two cases were reported ; the cases i n c r e a s e d u p to a m a x i m u m o f x26 in S e p t e m b e r . Mr. R. McNicoll, the Medical Officer of Health, exonerates both the milk and the water supply, T h e c a u s e o f t h e d i f f u s i o n is a s c r i b e d w i t h s o m e c o n f i d e n c e to d e f e c t i v e s e w e r a g e . The epidemic seems now on the decline, and the local authority a r e a b o u t t o t a k e m e a s u r e s for t h e b e t t e r s a n i t a r y condition of the borough. Since I882 both Dr. McNicoll and the medical department of the Local Government Board have made repeated representations as to improvements of the sewerage s y s t e m , b u t t h e s e r e p r e s e n t a t i o n s h a v e b e e n disr e g a r d e d , s a v e i n d e e d as to a f e w details. In modem times a very serious responslbility rests upon an elective body, which requires the s t i m u l u s o f a fatal e p i d e m i c to m a k e it fulfil its duties.
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CASE ILLUSTRATIVE OF THE POWER OF A MAGISTRATE TO EXERCISE THE FUNCTIONS OF A SANITARY AUTHORITY. IN t h e M e t r o p o l i s u n d e r S e c t i o n 13 o f t h e N u i s a n c e R e m o v a l A c t [ a n d in t h e P r o v i n c e s b y virtue o f P u b l i c H e a l t h A c t , 1875 , S. l O 5 ] - - 2 3 a n d ~4 Vic. c. 77, u p o n c o m p l a i n t b e f o r e a J u s t i c e o f t h e P e a c e b y any inhaMtant o f a n y parish or place of the existence of any nuisance o n a n y p r i v a t e p r e m i s e s in t h e s a m e p a r i s h o r p l a c e , s u c h j u s t i c e shall i s s u e a s u m m o n s , r e q u i r i n g t h e p e r s o n b y w h o s e act, d e f a u l t , p e r m i s s i o n o r suffera n c e t h e n u i s a n c e arises ; o r if s u c h p e r s o n c a n n o t b e f o u n d o r a s c e r t a i n e d , t h e o w n e r or o c c u p i e r o f t h e p r e m i s e s o n w h i c h t h e n u i s a n c e arises, t o a p p e a r b e f o r e two j u s t i c e s [or a s t i p e n d i a r y ] . . . w h o shall p r o c e e d to i n q u i r e i n t o t h e s a i d c o m plaint, a n d a c t in r e l a t i o n t h e r e t o , as in c a s e s w h e r e c o m p l a i n t is m a d e b y a l o c a l a u t h o r i t y u n d e r Sec. x27, t h e s a i d N u i s a n c e R e m o v a l A c t , a n d as if t h e person making the complaint were such local authority. P r o v i d e d always, t h a t it shall b e lawful for t h e s a i d j u s t i c e s , if t h e y s e e fit t o a d j o u r n t h e h e a r i n g • . for a n e x a m i n a t i o n of t h e p r e m i s e s . . a n t i to r e q u i r e t h e e n t r y i n t o s u c h p r e m i s e s o f a n y constable or other person or persons . . . The S e c t i o n g o e s o n to s t a t e t h a t t h e m a g i s t r a t e s ' o r d e r is a t t e n d e d with t h e like p e n a l t i e s a n d c o n s e q u e n c e s as for d i s o b e d i e n c e u n d e r t h e N u i s a n c e Removal Act. T h i s S e c t i o n is b u t s e l d o m t a k e n a d v a n t a g e of, a n d in t h e few c a s e s in w h i c h a p p l i c a t i o n h a s b e e n made to a magistrate, he has asked the natural question, " Have you made any communication to the Local Authority ?" I f this h a s n o t b e e n d o n e , t h e m a g i s t r a t e h a s u s u a l l y r e f e r r e d t h e a p p l i c a n t , in t h e first p l a c e , to t h e local a u t h o r i t y . I n this c a s e t h e m a g i s t r a t e m a d e full u s e o f his p o w e r s : ~ At Worship Street Police Court, before Mr. Montague Williams, the National Temperance Land and Building Company (Limited), carrying on business at No. 2I, Charterhonse Street, Holborn Circus, were summoned on the information of Mr. Bennett G. Burleigh for that they, being the owners of I~Tos. 9, IO, and II, Ann's Place, Boundary Street, Shoreditch, had allowed the following nuisances injurious to health to exist there :--The drains were imperfect, the premises were damp, there was want of proper ventilation, and the premises were not safe and habitable, and that those nuisances were caused by the act or default of the owners. Mr. C..f. Smith, of Messrs. Rollit and Sons, Mark Lane, E.C., in the absence of Sir Albert Rollit, M.P., appeared for the complainant ; Mr. Temple Cooke, barrister, represented the defendants ; whilst Mr. C. A. Roberts watched the case on behalf of the Solicitors' Department of the London County Council ; Mr. Enoch Walker, vestry clerk, and Mr. Hugh Alexander, chief sanitary inspector, attending on the part of the vestry of Shoreditch. Mrs. Mary Jeune, district visitor for the Rev. Osborne Jay, vicar of Holy Trinity, Shoreditch, and Miss May Abraham, of the Women's Trades Union and Provident League, were also present, and great
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interest was manifested in the proceedings, the court room being crowded. Mr. Smith, in opening the ease, said : The houses of which we.'eomplain are three in number, and are situated in Ann's Place, Shoreditch. They overlook a court, and the rooms are exceedingly small, the top rooms being so low that a man cannot stand upright in them with his hat on. The)" are so constructed that it is impossible for them to be ventilated. Closets and dustholes are immediately outside some of the rooms, and many of the closets are without water, because the apparatus will not work. Rats run all over the place. The roofs let in the rain, and the walls are fearfully damp; so, that it is utterly impossible for anybody to live in the houses with anything in the least approaching comfort. Some time back the Vestry took these houses in hand, and an order was made that the property should be demolished. The owners appealed against the order, and an arrangement was made that the premises should be put in repair; but they were only botched up, and the evil now is as great as ever it was. Charles Thorpe then gave evidence, and in reply to Mr. Smith, he said : I have lived in Ann's Place altogether about five years. I left the apartments I last occupied because of alterations. I now rent two rooms on the second fl,9or of No. I I , and pay 5s. per week for them. The roof is imperfect in several places, and rain comes into both my rooms. Mr. Smith : How are the ceilings of your rooms ? Witness: When the weather is dry they are dry ; but when it is wet they are decidedly wet. (Laughter.} What about the ventilation ?--There is none. Have yon ever been in No. IO ?--I originally occupied rooms in No. IO. Mr, M. ~vVilliams : You had better confine your evidence to what is the existing state of things. Witness: I was there yesterday, and the rooms are in just as bad condition as when I left them. Mr. Smith : How many people live in the court altogether ? Mr. M. Williams : You had better take house by house. Witness: There are eleven people in No. x l. I have not seen any rats upstairs there, but if you look into the area you can see them running about. (Laughter.) The closets have no water supply at all--or rather there is a supply, but the apparatus is very defective. Mr. Smith : Have you ever made any complaint ? Witness: I have complalned to Mr. Akers, the agent, of the water, the smells, and the rain coming in through the roof. There are two coppers for twenty houses--one can be used and the other cannot. (Laughter.) How many people live in the court now ?--There are two. shops and thirty-three rooms occupied, and they accommodate Io8 people in all. Mr. Cooke : What is the proportion of men, women and children ?~Witness : The thirty-three rooms are let to about ten families. There would be about thirty men and women, and the rest would be children. With regard to complaints, when do yon say you made the last ?--I have made complaints so often that I can hardly tell when the last was. It was yesterday, I think. (Laughter.) What was that about ?--They brought a man to look after the repairs. Mr. M. Williams : That was after the issue of the summons. Mr. Cooke: What was the complaint before that ? Witness : The complaints have been so frequent. When was it ? ~ I should say about a month ago. When did you complain of the ashpit ?--I have never complained about the ashplt, but it is under the stairs, and the smell goes into the rooms upstairs. Do you, as a matter of fact, know that the ashpit is lined all through with zinc, and that a pipe leads from it to the top of the house for the purpose of ventilation ? ~ I don't know. What did you object to about the closet ?---Insufficient water. Have you complained about that ?--Yes, To whom ?--To the agent.
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When ?--Over and over again. What has Mr. Akers done in consequence of your complaints ?--Asked me for my rent. (Laughter.) When were workmen last in the house ?--Last year. Have you complained since then ?--Yes. And have workmen been sent in consequence?--No. You swear that no workmen have been to look after the water since I888 ?--That I swear. What is the size of your rooms ?--About twelve feet square. H o w many does your family consist of T--Three daughters and four sons. Their ages ?--From twenty years to eighteen months. And you keep them in your two rooms?--Most decidedly ; I have to. Mr. Cooke (to the magistrate) : The difficulty I have is to see what the landlords are to do. Mr. M. Williams : They are bound to keep them fit for human habitation. Mr. Cooke : The real evil is overcrowding, and I don't see how the Iandlords are responsible for that. Mr. M. Williams : Overcrowding is not the cause of the closets being all wrong. Witness : Nor of the rain coming through the roof. (Laughter.) Mr. Cooke : Have you complained about the rain ? Witness : Yes ; and the only thing the agent said was, "' Pay your rent." Mr. M. Williams : Do you owe rent ? Witness : Certainly. How much ?--There are eight weeks not paid. Why do you not pay it ?--Because I have not done work enough. So that the landlord has a grievance against you respecting the rent ?--Yes. Mr. Cooke : Are you sure that you owe only eight weeks' rent ? Witness : Here is the rent-book. Mr. Cooke : I am instructed that you owe more. Mr. M. Wi]llams : This is not a question of owing rent, but of keeping the house in habitable condition. Mr. Cooke : Did you apply for this summons yourself ? Witness :--No. Were you asked to come here ?--Yes. Mr. M. Williams : It is just as well that it should be understood how this matter stands. Under the i8th and I9th ot Victoria, the local authorities alone have power to take out a summons of this description ; but by the 23rd and 24th of Victoria, cap. 77, any inhabitant can come before a magistrate and complain of the existence of a nuisance. Therefore, anybody who is an inhabitant has a perfect right to take these proceedings. The later Act gives them precisely the same power as was possessed by the local authorities before. I cannot help thinking it is a most salutary Act of Parliament, for it says in effect : " If the local authorities do not move, or are obstinate and will not, an individual can step in and say, ' I will take the initiative.'" Are you prepared to combat that ? Mr. Cooke : Not all of it. I understand that Mr. Bennet Burleigh is the complainant in this ease, and I am instructed that he is not an inhabitant at aU. I was under the impression that the witness in the box was the complainant, but if Mr. Burleigh be not an inhabitant he has no locus standi. Mr. M. Williams : He does not assert any locus slandi. Mr. Cooke : The summons was issued on his complaint. Mr. M. Williams: At present the witness is the complainant. Witness : I am complainir.g about the rooms. Mr. Cooke : But the summons was issued at the instance of Mr. Burleigh, and I submit that until he is in the box there is no summons to be heard. Mr. M. Williams : I do not think that is so ; but, if it is, I have power to amend the summons. Mr. Cooke : It seems to me that the landlords have some little rights. T h e y must be considered as well as the inhabitants of these dwellings, much as we may sympathise with
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the poor. I am instructed that this is not a bad case ; indeed, the people who applied for the summons admitted that this was not one of the many outrageous cases which undoubtedly do exist in London. I think we have a right to complain that we are brought here at less than twenty-four hours' notice, and that we have not had an opportunity of bringing witnesses, I have been cross-examining absolutely in the dark, and I ask, sir, if you amend the summons you will grant an adjournment for a reasonable time. Mr. M. Williams!: I will amend the summons by inserting the name of the witness as the complainant instead of that of Mr. Burleigh ; but I shall not adjourn it on that account. Whether A, B, or C is the complainant cannot possibly matter, so far as the merits of the ca~e are concerned. Under the Act of Parliament my powers are enormous. I can order the owners to do just what I please, or next door to it. Do the defendants not think that something should be done to put these houses in a sanitary and proper condition ? That is all that is wanted. Mr. Cooke : The company are willing to do everything that is proper and reasonable. If you would appoint somebody to suggest, or would suggest yourself, what ought to be done, it shall be done. I am not instructed to fight the case. Mr. Walker, the vestry clerk, intimated that he represented the local authorities, and that they did all they could to effect the demolition of these premises years ago, and failed. They are utterly unfit for habitation. It has been said that they were built as model dwellings. That is not so ; they were erected so far back as the year I83o, I believe. Mr. Smith (to Thorpe) : What is the name of the landlord in the rent-book ? Witness : There is no name. When I pay rent I have not the least idea to whom I am paying it. The agent lives in the corner of the court. Mrs. Ellen Simpson, who carried a baby in her arms, next gave evidence. In answer to Mr. Smith, she deposed : I live at No. 9, Ann's Place, Shoreditch, and occupy one room, for which I pay 3s. per week. I have chddren, who, with my husband and myself, occupy the room. The eldest child is eleven years old, and the youngest three months. Mrs. Smith, a tenant, gave evidence as to bad smells, dampness, and other defects. Mr. Hugh Alexander, sanitary inspector for Shoreditch, said : I know these houses. A very large number of people live in the court. Mr. Smith : Some time back did you or your vestry take proceedings for the demo!ition of the property ? Witness • Yes. What was the upshot of the proceedings ?raThe medical officer condemned the premises, and the vestry appointed an architect to say what ought to be done, and he recommended that they should be demolished. The freeholder appealed to the Court of Quarter Sessions, where the case Was heard. The magistrates visited the court. At that time the condition was a great deal worse than anything I have ever seen. The magistrates, instead of ordering the houses to be pulled down, directed some alterations to be made, and there the matter ended. The owner employed an architect, and the houses were converted, but they still remained in a very insanitary. state. In his opinion the premises were in an insanitary state. He had last visited them two or three weeks ago, but had not taken any proceedings because the present owners had done all they could with such property. Through venti~ lation could not be obtained. Mr. M. Williams : You think that nothing ,hort of demo. lition will remedy the evil ?--Witness : I do. ' Why have you not taken proceedings ? - - I believe that the medical officer intends to take action again. Do you mean that if I adjourn the ease the vestry will take steps for the demolition of the properly ? - - I cannot say that. Mr. Cooke: Then what do you mean ?--Witness : The medical officer has complained and the matter has been brought to the attention of the London County Co,ncil.
EXERCISE
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The County Council are considering the matter ?--Yes. Mr. Bennet G. Burleigh was the next witness, and he deposed : I live in Orlando Road, Clapham, and am a journalist. I have visited these premises recently--half a-dozen times at least ; indeed, I have examined nearly all the houses in A n n ' s Place. T h e top rooms are practically garrets ; I cannot stand uptight in them with my hat on. The ceilings a n d roofs are broken ; I could see the outer light. T h e floors were rotten. The houses are occupied by a large number of people. The closets have no water, and the teuants say that that has been the case for some years. In Mrs. Simpson's room a smell proceeded from the stables. T h e walls were damp, and I noticed rat holes. In Thorpe's rooms the ceilings were all marked, as if by rain. T h e floor was broken, and the woodwork generally was in a very dilapidated condition. I should not like to live there myself, nor to allow anything I love to do so--not even a dog. Mr. Cooke, in cross-examinatlon, elicited that Mr. Burleigh was a journalist attached to the Daily Telegraph. Mr. Cooke : Have you any pa)ticular knowledge of the question of sanitation ? - - I am qualified partly by technical training and partly by experience and observation. I have studied civil engineering. W h a t led you to go to these houses ? - - I saw a statement a short time ago that the condition of Shorediteh was comparatively pure, and that certain allegations which had been made could not apply to Shoreditch. I meant them to apply to Shoreditch, and I went there to verify m y information. In order that you might write articles in the Daily Telegraf,,~ ?--Quite so. How many times have you been to these houses ? ~ A t least half a-dozen times. I looked into the whole of them. Do you agree with Mr. Alexander that the houses are structurally not unsafe ?--Some of them are unsafe ; I should say that the upper parts are unsafe. Are you of opinion that the premises can be put in proper sanitary condition ? - - I t is impossible to render them fit for h u m a n habitation. They are in a well, and the circulation of air is not possible. Mr. Smith intimated that that was the ease for the complainant. After an interval the nmgistrate decided to proceed and inspect the premises at once, adjourning the Court for the purpose. His worship, who was accompanied by Mr. Alexander, Mr. Cooke, Mr. Smith, Mr. Revill, and Mr. Bennet Burleigh) made a very thorough examination of the houses, from first floor to the garrets, entering not only the rooms of Mr. Thorpe and Mr. Simpson, but those of m a n y of the other tenants. T h e dirt and dampness of the walls were particularly noted, as well as the condition of the closets. On the resumption of the Court the magistrate said the ilIspection of the premises had taught him more than the examination of forty witnesses could have done. He purposed giving his decision at that sitting, and would consequently hear what the learned counsel for the defendants had to urge. Mr. Cooke : I quite agree that it is a good thing we have had an opportunity of seeing the houses, and having seen them I cannot contend that there is not a considerable amount ot repair absolutely necessary. As to the impossibility of making them habitable I differ ; but inasmuch as much repair is needed I cannot resist an order, if you see fit to make it, that the premises shall be closed from a given date, so that we may execute the needful repairs. I cannot, however, hide from myself the fact that this has been made a cause cdl~bre to some extent through articles in the newspapers. From those articles I gather that my clients are themselves attacked for the way in which they have managed this particular property ; but on their behalf I will say that, having come into possession of the houses as mortgagees some years ago, they have expended a considerable sum of money unon them. They h a v e d o n e so much )hat I believe the tenants are not dissatisfied, and would be sorry to see the property pulled down. The company have expended nearly .~5oo
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over and above the rents ; therefore no charge can be brought against them of having rack-rented or sweated the tenures. I would suggest that the order should be for closing the premises and specifying such repairs as you consider ought to be done. I submit that you are bound to specify the repairs, and cannot make a general order to put the houses into habitable or tenantable repair. Mr. M. Williams : I think I can. Mr. Cooke (after consultation): It is thought now that there is power to make a general order. If such an order is made the question will then arise to my clients whether the property is worth repairing, or whether it will not bc wiser to pull down and rebuild. The order should not come into effect for some time, because it the tenants have ta mrn f~t in all haste hardship will be inflicted upan ,*hem Mr. M. Williams, in delivering judgment, said : I have not the smallest doubt what I ought to do now that I have seen the premises. I quite agree that they are in a most insanitary state and unfit for human habitation at present. It is really a mystery how families of tens and twelves have existed in them, and everybody must commiserate with them. I do not care under what circumstances this summons came before me ; I consider that the thanks of the public are due to those who were instrumental in having it issued. I can have no doubt that the houses are perfectly unfit to live in, and I shall direct them to be closed, and to remain so until they are made fit for human habitation. It is a question for the defendants whether it will be worth while to throw good money after bad. I do not doubt that they have lost their money, but private interests must suffer. So far as the public g% these premises will be closed, and I must have evidence that they are habitable before I allow them to be reopened. As to the other smnmonses, I must leave them to take their course. I consider that the same remark applies to the whole of the houses in the court ; alI are utterly unfit for habitation, and if the summonses are brought before me I do not see how I can make a different order from that which I have given in this case. It is for the landlords to determine whether they will wait to have the law put into force. T h e only thing that presses upon my mind is where the poor people are to go who will be turned out. There are to8 persons. I do not know where on earth they are to go ; but I hope that the greatest possible consideration will be shown to them. True, they are in a bad state where they are ; but if they are turned into the streets houseless and homeless possibly they will be worse off for a time, and therefore I trust that the landlords will treat them with the utmost con. sideration. I am sure that they will.
ENTERIC FEVER AT ST. H E L E N S . - - E n t e r i c f e v e r c o m m e n c e d in t h e m o n t h o f M a y in St. H e t e n s . In that month two cases were reported ; the cases i n c r e a s e d u p to a m a x i m u m o f x26 in S e p t e m b e r . Mr. R. McNicoll, the Medical Officer of Health, exonerates both the milk and the water supply, T h e c a u s e o f t h e d i f f u s i o n is a s c r i b e d w i t h s o m e c o n f i d e n c e to d e f e c t i v e s e w e r a g e . The epidemic seems now on the decline, and the local authority a r e a b o u t t o t a k e m e a s u r e s for t h e b e t t e r s a n i t a r y condition of the borough. Since I882 both Dr. McNicoll and the medical department of the Local Government Board have made repeated representations as to improvements of the sewerage s y s t e m , b u t t h e s e r e p r e s e n t a t i o n s h a v e b e e n disr e g a r d e d , s a v e i n d e e d as to a f e w details. In modem times a very serious responslbility rests upon an elective body, which requires the s t i m u l u s o f a fatal e p i d e m i c to m a k e it fulfil its duties.