the continued occupation of these is also forbidden unless they Cellar dwellings. comply with certain stringent requirements as to the height of the rooms, height of the ceilings above the surface of the street, open areas in front, effectual drainage, sanitary conveniences appurtenant to the cellars, and the provision of fireplaces.
District councils are required to keep a register of the common lodging-houses in their district. No person is allowed to keep a common lodging-house unless he is registered, and a house may not be registered until it has been inspected and approved for the purpose by an officer of the council. Common lodging-houses. Further, the council may refuse to register a keeper unless they are satisfied of his character and of his fitness for the position. The council are empowered to make by-laws for fixing the number of lodgers and separating the sexes therein, promoting cleanliness and ventilation, giving of notices and taking precautions in case of any infectious disease, and generally for the well-ordering of such houses. The keepers of common lodging-houses are required to limewash their walls and ceilings in the months of April and October in every year, and if paupers or vagrants are received to lodge, they may be required to report as to the persons who have resorted thereto. They must give notice of any infectious disease to the medical officer of health and to the poor-law relieving officer, and they must give free access for inspection. There is no definition of the expression “common lodging-house” in the Public Health Acts, and at one time the courts decided that shelters for the destitute kept by charitable persons were not common lodging-houses. That idea is now exploded, and the acts apply to charitable institutions which receive persons of the class ordinarily received into common lodging-houses.
By-laws may also be made relating to houses let in lodgings which are not common lodging-houses. These by-laws are in practice limited to those inhabited by the poorer classes, although the act imposes no such restriction.Houses let in lodgings.
The Public Health Acts 1875 to 1907 contain elaborate provisions for dealing with nuisances. Those which are dealt with summarily are thus enumerated:—(1) any premises in such a state as to be a nuisance or injurious to health; (2) any pool, ditch, gutter, watercourse, privy, urinal, cesspool, drain or ashpit so Nuisances. foul or in such a state as to be injurious to health; (3) any animal so kept as to be a nuisance or injurious to health; (4) any accumulation or deposit which is a nuisance or injurious to health; (5) any house or part of a house so overcrowded as to be dangerous or injurious to the health of the inmates, whether or not members of the same family; (6) any factory, workshop or workplace not already under the operation of any general act for the regulation of factories or bakehouses not kept in a cleanly state or not ventilated in such a manner as to render harmless as far as practicable any gases, vapours, dust or other impurities generated in the course of the work carried on therein that are a nuisance or injurious to health, or so overcrowded while work is carried on as to be dangerous or injurious to the health of those employed therein; (7) any fireplace or furnace which does not as far as practicable consume the smoke arising from the combustible used therein, and which is used for working engines by steam or in any mill, factory, dye-house, brewery, bakehouse or gas work, or in any manufacturing or trade process whatsoever; and (8) any chimney not being the chimney of a private dwelling-house sending forth black smoke in such quantity as to be a nuisance. The nuisances above enumerated are said to be nuisances liable to be dealt with summarily. It is the duty of every district council to inspect their district with a view to the discovery of any such nuisances. In the event of such discovery by them or of information given to them of the existence of any such nuisance, the district council are required to serve a notice requiring the abatement of the nuisance on the person by whose act, default or sufferance it arises or continues, or if such person cannot be found, on the owner or occupier of the premises at which the nuisance arises. The notice must require the abatement of the nuisance within a specified time, and must prescribe the works which in the opinion of the council are necessary to be done. If the nuisance arises from the absence or defective construction of any structural convenience, or if there is no occupier of the premises, the notice must be served upon the owner. If the person who causes the nuisance cannot be found, and it is clear that the nuisance does not arise or continue by the act, default or sufferance of the owner or occupier of the premises, the local authority may themselves abate the nuisance without further order. If the person on whom the notice is served objects to give effect to it, he may be summoned before justices, and the justices may make an order upon him to abate the nuisance, or prohibiting the recurrence of the nuisance if this is likely, and directing the execution of the necessary works. If the nuisance is such as to render a dwelling-house unfit for human habitation, the justices may close it until it is rendered fit for that purpose. Disobedience under the order of justices involves a penalty and a daily penalty for every day during which default continues. Private persons may complain to justices in respect of nuisances by which they are personally aggrieved, and if the district council make default in doing their duty, the Local Government Board may authorize any officer of police to institute any necessary proceedings at the cost of the defaulting council. The district council may, if in their opinion proceedings before justices afford an inadequate remedy, take proceedings in the high court, but in that case, if the nuisance is of a public nature, they must proceed by action in the name of the attorney-general. The provisions as to nuisances are extended to ships by an act of 1885.
It is forbidden to establish within an urban district without the consent of the council any offensive trade, business or manufacture. With regard to any offensive trade which has been established or may be consented to in any urban district, if it is verified by the medical officer or any two legally qualified medical practitioners, or by any ten inhabitants of the district, to be a nuisance or injurious to health, the urban district council are required to take proceedings before magistrates with a view to the abatement of the nuisance complained of.
Any medical officer or inspector of nuisances may inspect any meat, &c., exposed for sale or deposited in any place for the purpose of sale or of preparation for sale and intended for the food of man. This power of inspection is, in districts where the Public Health Act 1890 has been adopted, Unsound meat. extended to all articles intended for the food of man. If upon such inspection the meat, &c., appears to be diseased, unsound or unwholesome, it may be taken before a justice for the purpose of being condemned, and the person to whom the meat, &c., belongs or in whose possession it was found is liable to a penalty or, in the discretion of the justices, to imprisonment for three months without the option of a fine.
The Public Health Acts contain important provisions relating to infectious disease. Any person who knows he is suffering from an infectious disease must not carry on any trade or business unless he can do so without risk of spreading the disease. Local authorities may require premises to be cleansed Infectious diseases. and disinfected; they may order the destruction of bedding, clothing or other articles which have been exposed to infection; they may provide proper places for the disinfection of infected articles free of charge; they may provide ambulances, &c. In the case of a person found suffering from infectious disease who has not proper lodging or accommodation, or is lodging in a room occupied by more than one family, or is on board any ship or vessel, such person may by means of a justice’s order be removed to a hospital; a local authority may pay the expenses of a person in a hospital or, if necessary, provide nursing attendance; any person exposing himself or any other in his charge while suffering from infectious disease, or exposing infected bedding, clothing or the like, is made liable to a penalty. Owners and drivers of public conveyances must not knowingly convey any person suffering from infectious disease, and if any person suffering from such a disease is conveyed in any public vehicle the owner or driver as soon as it comes to his knowledge must give notice to the medical officer. It is also forbidden to let houses or rooms in which infected persons have been lodging, or to make false statements to persons negotiating for the hire of such rooms. An act was passed in the year 1890, called the Infectious Diseases Prevention Act. When adopted it enabled an urban or district council to obtain the inspection of dairies where these were suspected to be the cause of infectious disease, with a view to prohibiting the supply of milk from such dairies if the fact were established. The act of 1907 extended the provisions of the act of 1890. It enables a local authority to require dairymen to furnish a complete list of sources of supply if the medical officer certifies that any person is suffering from infectious disease which he has reason to suspect is attributable to milk supplied within his district. It also compels dairymen to notify infectious diseases existing among their servants. The act of 1890 also forbids the keeping for more than forty-eight hours of the body of a person who has died of infectious disease in a room used at the time as a dwelling-place, sleeping-place or workshop. It provides for the bodies of persons dying of infectious diseases in a hospital being removed only for burial, and gives power to justices in certain cases to order bodies to be buried. The diseases to which the act applies are smallpox, cholera, membranous croup, erysipelas, scarlatina or scarlet fever, typhus, typhoid, enteric, relapsing, continued or puerperal fever, and any other infectious disease to which the act has been applied by the local authority of the district in the prescribed manner. The most important provision, however, relating to infectious disease is that contained in the Infectious Disease Notification Act 1889. That was originally an adoptive act, but it is now extended to all districts in England and Wales. It requires the notification to the medical officer of health of the district of every case in which a person is suffering from one of the diseases above mentioned. The duty of notification is imposed upon the head of the family, and also upon the medical practitioner who may be in attendance on the patient. The medical attendant is entitled to receive in respect of each notification a fee of 2s. 6d. if the case occurs in his private practice, and of 1s. if the case occurs in his practice as medical officer of any public body or institution. These fees are paid by the urban or rural district council as the case may be. The provisions as to notification are applied to every ship, vessel, boat, tent, van, shed or similar structure used for human habitation in like manner as nearly as may be as if it were a building. Exception is made, however, in the case of a ship, vessel or boat belonging to a foreign government. It is not too much to say that this act has been one of the most effectual
