In some of the poorer localities, complaints have arisen in a matter

relating to the pavements, where you are not able to afford the

complainants effectual relief: viz., with respect to certain inhabitants

throwing refuse and offensive matters from the houses into the public

way, so that nuisance is created. I have already suggested to your Hon.

Court, and I beg leave here to repeat, that in the 41st clause of the

City Police Act, provision is made for the prevention of this particular

offence, and that your four Inspectors are manifestly unable to relieve

the Police Force of their legal responsibility in the matter.

* * * * *

5. Your powers for enforcing the wholesome _cleanliness of private

premises_ are equally considerable. You can order the removal of

offensive matter, the purification and whitewashing of premises, and the

abatement of any nuisance arising in conditions of filth. In case of

need, as shown by a medical certificate, you can summon the offender

before your Court; and (under your new Act) you can punish with a heavy

fine any repetition of the nuisance against which your order has once

been issued.

* * * * *

6. So long as _slaughter-houses_ are tolerated within the City (and it

is to be hoped this may not be long) you have power to regulate their

use, according to your discretion, with a view to their cleanliness and

better management; and in case of disobedience to your orders, you have

power to enforce the temporary suspension of slaughtering. Your new Act

renders illegal any slaughtering in cellars, or any keeping of cattle

there: and it prohibits that offensive exposure of putrescent hides,

which has so often been complained of in the vicinity of Leadenhall

Market.

* * * * *

7. In close connection with the regulation of slaughter-houses, your new

Act gives you authority in a matter hitherto quite foreign to your

jurisdiction, but where your vigilance may no doubt be exercised with

great advantage to the public health. You are authorised to _appoint

Inspectors of slaughter-houses and of meat_; and these officers are

required to inspect shops, markets, and slaughter-houses, and to seize

and destroy any meat which may appear to them unsound or unwholesome. A

further clause of very extensive application enables you to deal

generally with all cases, where _unwholesome provisions_ are exposed for

sale; and this clause is so constructed as to include and render penal

all those _fraudulent adulterations of food_ which render it detrimental

to health.

* * * * *

8. You are invested with important authority against _such trades and

occupations as are offensive or injurious_ to their neighbourhood. Under

your former Act, you can subject to penalties any person who shall

‘roast or burn, boil, distil, or otherwise decompose any root, drug, or

other article or thing, in any house or building, and thereby cause

offensive or injurious smells or vapours to be emitted therefrom, so as

to become a common nuisance;’ and the same Act also gave you a very

inoperative clause against such nuisance-causing manufactories as might

begin to work in the City after the commencement of that Act.

Your new law enacts that everything practicable shall be done for the

suppression of all nuisances arising in manufactures and the

like:--that, after the first of January next, every furnace used in the

City shall be such as to consume its own smoke; and that whatever trade

or business may occasion noxious or offensive effluvia, or otherwise

annoy the inhabitants of its neighbourhood, shall be required to employ,

to your satisfaction, the best known means for preventing or

counteracting such annoyance.

* * * * *

9. You have certain powers, to which I adverted in my former Report, as

likely to come into activity whenever the injurious practice of

intramural burial might cease; powers, namely, relating to the _disposal

of dead bodies_ in certain specified cases: and under your new Act, you

have acquired some further authority (likewise only to be exercised

after that cessation, and with the consent of the Bishop of London) to

_appropriate the disused burial-grounds_ for purposes of improvement. At

the time of my last Report I looked ‘forward to the complete

discontinuance of burial within your territory as a matter for warm

congratulation among all who are interested in the cause of sanitary

improvement;’ and it is with proportionate disappointment and regret,

that I have now to report to you that the Order in Council, which was to

have closed all metropolitan burial grounds, has never yet been issued;

and that negociations, conducted by the General Board of Health for the

purchase of a sufficient extramural cemetery, were suddenly arrested at

the close of the last session of Parliament. Your powers in relation to

these matters remain of course meanwhile inoperative.[68]

[68] In the Parliamentary Session of 1852, the Interments Act of 1850,

which had remained inoperative, was repealed under a new ‘Act to amend

the Laws concerning the Burial of the Dead in the Metropolis,’ which

became law July 1st, 1852. Under this Act, the powers, alluded to in a

later part of this volume, were given to the Commissioners of Sewers

of the City of London as a Burial Board for the City.--J. S., 1854.

* * * * *

10. The most important additions made to your power relate to the

_dwellings of the poor_, and are embodied chiefly in the tenth section

of your new Act. The definition of ‘lodging-house’ given in this clause

is so extensive, and the power of regulation conceded to you is so

unconditional (where once the necessity for your interference is shown)

that your Hon. Court can now exert your authority for every legitimate

object, in respect of all the poorer houses in the City.[69] The

definition is, that ‘the expression _common lodging-house_ shall, for

the purposes of this Act, mean any house, not being a licensed

victualling house, let, or any part of which is let, at a daily or

weekly rent not exceeding the rate of three shillings and sixpence per

week; or in which persons are harboured or lodged for hire for a single

night, or for less than a week at one time; or in which any room let for

hire is occupied by more than one family at one time.’ And your powers

are to the following effect:--Wherever over-crowding has taken place

unwholesomely or indecently--wherever undue illness has

prevailed--wherever from any one of several causes the house is unfit

for occupation, you can require its _immediate registration_; you can

then _make such rules_ as you think fit for the _maintenance of decency

and health_; and you can enforce conformity to those regulations with

appropriate penalties.

[69] Circumstances, which need not here be detailed, have led to

disappointment in the working of this clause, and have shown, to my

great regret, that I over-estimated the benefits it was capable of

conferring.--J. S., 1854.

The terms of the clause throw on your Medical Officer the responsibility

of initiating these proceedings; and his task in the matter will be one

of anxiety and arduousness. In most other clauses of your Acts of

Parliament, an alternative is allowed as to your taking the opinion ‘of

the Officer of Health, or of any two duly qualified Medical

Practitioners:’ but in this clause you are expressly restricted to the

certificate of your Officer of Health.

In my two former Reports, I have addressed you at length on those

conditions relative to the dwellings and social habits of the poor which

made the enactments of this clause indispensable; and I look forward to

its operation with a sanguine belief that it may be rendered one of the

most important boons ever conferred on the labouring classes of the

community.

I subjoin to my Report the schedule which I would suggest for the

registration of lodging-houses, and which (as you will observe) requires

detailed information as to every sanitary particular of the

dwelling.[70] I would recommend that in every case, where registration

is made, the owner’s specification of these particulars should be

accompanied by a written certificate from your Inspector; testifying

(in some such form as that annexed to the schedule in my Appendix)

first, to the accuracy of the statement, and, secondly, to the general

condition of the house.

[70] Vide page 210.

With respect to the rules, which, under authority of this clause, you

may find it requisite to lay down for better regulating the residences

of the poor,--the conditions for which you have to legislate are so

various and complicated, that no formula will apply universally; and you

will often be called on to adapt special rules to particular cases as

they come before you. I can therefore only venture at present to offer

you general suggestions on the subject.

You will find that the houses in which your interference is required

fall into three cases, characterised as follows:--(1) Where the house is

let in several independent holdings (often as many holdings as rooms)

each occupied by a single family and no more, and paid for at a rent not

exceeding 3s. 6d. _per_ week;--(2) Where the house is thus let in

several independent holdings, and where the renter of each or any

portion, admits other persons to share his holding with him, on their

payment to him of a sub-rent _per_ week or _per_ night, so that a room

comes to be occupied by more than one family at a time;--(3) Where the

entire house, or all such part as is let in lodgings is under the direct

management of a single resident proprietor or keeper, where the lodgings

are let at . . . . _per_ night, and where many persons not belonging to

one single family are lodged together in some single room, or in various

single rooms of the house.

Of the first arrangement, where a single room is the residence of a

single family, you have innumerable illustrations in the City; as, for

instance in the large houses of Windsor-street (to which I have recently

drawn your attention) where in one house there are sixteen such

holdings:--of the second arrangement--the most abominable and

brutalising which can be conceived, you have sufficient illustrations in

Plumtree-court:--of the third--comparatively little known in the City,

there are instances in Field-lane.

In respect of the first class of houses, I should be disposed to look

upon each holding as the house of its occupier, and not to interfere

within his threshold, except on the ground of some commanding necessity.

I would require only that the general arrangements of the house should

be adapted to the number of its holdings; that, for instance, numerous

families should not be left competing for the use of a single privy, but

that such accommodation should be provided in strict proportion to the

requirements of the inmates; that every room should be efficiently

ventilated; that water should be supplied to the highest occupied part

of the house, and a water-tap and sink furnished on every floor; that

the dust and refuse of the house should be removed at least once daily.

In dealing with the worst specimens of this class, it may be requisite

to go further than I have here intimated; and it appears to me that for

this purpose your Hon. Court must address your regulations not to the

tenant, but to the landlord. He, I apprehend, must be held responsible

for the decent and wholesome condition of his property, and for such

conduct of his tenants as will maintain that condition.

Seeing the punctuality with which weekly visitation is made for the

collection of rents in these wretched dwellings, it would not be

unreasonable, I think, to insist on some such regulation as the

following:--The owner of the house, or his agent, or collector, shall

visit each room on an appointed day, at least once weekly, between the

hours of eleven and three; he shall see that the floor and other

woodwork of the room have been properly washed on that day, that the

room be free from all dirt, rubbish, or offensive smell, that no

objectionable trade be pursued in it, and that it be generally in good

and proper repair; he shall see that the premises generally[71] be in a

clean and wholesome condition, that water be sufficiently supplied, and

that the dustman’s work be regularly performed; and failing either of

the two latter conditions, he shall forthwith lay complaint thereof

before your Commission; in case of any inmate suffering from cholera,

small-pox, erysipelas, or any kind of fever, the owner, or his agent or

collector, shall immediately give notice of such illness to the

Inspector of his district; and at the meeting of the Commission next

after such notice, he shall, if required, attend your Court, to receive

any order which you may issue for reducing the number of his lodgers, or

for improving the condition of his house, or for employing any

disinfectant process; and he shall fulfil any such order within the time

therein specified.

[71] Namely--passages, staircases, area, cellar, yard, privy, &c., and

if common privies and urinals exist, he shall provide for the

cleansing of these, where requisite, at least once daily.

In a proceeding so experimental as the present, I cannot assure you of

infallible means for meeting every evil contingency; but it seems to me

that a regulation having the general tendency here indicated, enforced

by moderate penalties, would work an important revolution in the economy

of dwellings affected by its operation, would render it indispensable

to the landlord of such holdings to promote cleanly and decent habits

among his tenants--even to obtain security for their good behaviour, and

it would make it difficult or impossible for persons of opposite habits

to obtain holdings under a landlord who would be virtually punishable

for their misconduct.

Such a regulation would apply, as I have said, to the lowest and

filthiest specimens of the first class of lodging-houses; for, to the

large majority of that class less stringent rules would suffice; and it

would apply most usefully to the second class of lodging-houses--those

in which the single rooms of a house are severally occupied by more than

one family. So great are the physical and moral evils attending this

indiscriminate admixture of adult persons of both sexes (as I have

submitted to you in my former reports), that I entertain no doubts of

the necessity for prohibiting it in the most absolute manner. A

regulation to the following effect would, probably, fulfil the purpose

contemplated by the law, and would disperse these loathsome heaps of

disease, destitution, and profligacy: viz.--There shall not be lodged in

a sleeping-room, at any one time, more than two persons over fourteen

years of age, if of different sexes; nor more than[72] ---- such

persons, if they be all of one sex.

[72] This number would be proportioned to the cubical contents of the

room, and its facilities for ventilation, of which mention would be

made in the registration-schedule of the house.

This order--in addition to its wholesome influence on the second class

of lodging-houses, would apply beneficially to the third class; and, in

further relation to the latter, there would probably be required various

minor regulations with respect to facilities for washing, lighting,

ventilation and the like, which admit of being fixed in detail, only as

each particular case comes under your notice, with its deficiencies

recorded in the schedule of its registration.

* * * * *

11. In addition to this power of regulating lodging-houses, a further

authority has been conceded you by the Legislature, for the _amendment

or removal of houses presenting aggravated structural faults_. Wherever

your Officer of Health may certify to you that any house or building is

permanently unwholesome and unfit for human habitation, you are

empowered to require of the owner (or, in his neglect, yourselves to

undertake) the execution of whatever works may be requisite for

rendering the house habitable with security to life.

* * * * *

Finally,--under your former Act you were authorised, and indeed

_required, to appoint Inspectors of Nuisances_, whose duties were to

consist in the following particulars:--They were to superintend and

enforce the due execution of all duties to be performed by the

scavengers; to report to your Commission all breaches of your rules and

regulations; to point out the existence of nuisances; to record whatever

complaints might arise in relation to the supply of water, or in

relation to any infraction, either of the Act, or of any of the

regulations made by you under its authority for the preservation of

order and cleanliness and for the suppression of nuisances.

Hitherto your Hon. Court has deemed it sufficient compliance with the

terms of the Act, to engraft the functions above described on the office

of your previously appointed Inspectors of Pavements; and these

Officers have endeavoured very diligently to fulfil the multifarious

obligations thus imposed on them. During the past year it has become

obvious to me that this arrangement of their duties is inconvenient, and

that the occupation of their time as Inspectors of Pavements prevents

them devoting the requisite number of hours to the other important

duties.

I need hardly add, for the information of your Hon. Court, that the

immense increase of sanitary business implied in your new Act (an

increase probably equivalent to doubling or trebling the former amount)

renders a continuance of the former arrangement still less possible than

heretofore; the important functions assigned to your Inspectors of

Nuisances will now require to be discharged, under the superintendence

of your Officer of Health, with uninterrupted assiduity and vigilance;

and I would therefore take the liberty of begging your Hon. Court to

refer this subject to the consideration of your Committee, together with

some other points relative to the administration of your new powers.[73]

[73] Two additional Inspectors came into work, under appointment of

the Commission, at Christmas, 1853. See last Annual Report.--J. S.,

1854.

* * * * *

Here, gentlemen, terminates my statement of the powers now vested in you

for the maintenance of the public health. Authority so complete for this

noble purpose has never before been delegated to any municipal body in

the country. In exercising the means of such wide beneficence, your

Hon. Court will be discharging duties of immeasurable importance to the

public welfare; and those who have the honour and responsibility of

giving you professional advice will have a task of more than ordinary

difficulty.

It is easy to foresee the numerous obstacles which interested persons

will set before you to delay the accomplishment of your great task.

Sometimes technical objections will be raised to your proceedings:

sometimes vexatious delays and evasions will occur in the fulfilment of

your injunctions.

When your orders are addressed to some owner of objectionable

property--of some property which is a constant source of nuisance, or

disease, or death; when you would force one person to refrain from

tainting the general atmosphere with results of an offensive occupation;

when you would oblige another to see that his tenantry are better housed

than cattle, and that, while he takes rent for lodging, he shall not

give fever as the equivalent;--amid these proceedings, you will be

reminded of the ‘rights of property,’ and of ‘an Englishman’s inviolable

claim to do as he will with his own.’

Permit me, gentlemen, to remind you that your law makes full recognition

of these principles, and that the cases in which sophistical appeal will

oftenest be made to them, are exactly those which are most completely

condemned by a full and fair application of the principles adverted to.

With private affairs you interfere, only when they become of public

import; with private liberty, only when it becomes a public

encroachment. The factory chimney that eclipses the light of heaven with

unbroken clouds of smoke, the melting-house that nauseates an entire

parish, the slaughter-house that forms round itself a circle of

dangerous disease--these surely are not private, but public affairs. And

how much more justly may the neighbour appeal to you against each such

nuisance, as an interference with his privacy; against the smoke, the

stink, the fever, that bursts through each inlet of his dwelling,

intrudes on him at every hour, disturbs the enjoyment and shortens the

duration of his life. And for the rights of property--they are not only

pecuniary. Life, too, is a great property; and your Act asserts its

rights. The landlord of some overthronged lodging-house complains, that

to reduce the numbers of his tenantry, to lay on water, to erect

privies, or to execute some other indispensable sanitary work, would

diminish his rental: in the spirit of your Act, it is held a sufficient

reply, that human life is at stake, and that a landlord, in his dealings

with the ignorant and indefensive poor, cannot be suffered to estimate

them at the value of cattle, to associate them in worse than bestial

habits, or let to them for hire, at however moderate a rent, the certain

occasions of suffering and death.

And indeed, gentlemen, the mere pecuniary import of life thus squandered

is not inconsiderable. The costs of medical attendance on these

superfluities of disease are heavy items of parochial expenditure: and

although much of the undue mortality is of children, and consists in the

premature extinction of life that hitherto has no market value--costing

only the tears that are shed for it; yet there likewise occur among your

preventable deaths, very many cases in which adult life is sacrificed,

with all its strength and utility; and where, besides the wasted capital

which that loss implies, there often remains for the district which has

poisoned the man an entailment of orphanage and widowhood.

Nor, again, can it be questioned, that year by year, as general

education advances, the sanitary condition of a district will be an

important element in determining the value of its property. In engaging

houses, men will not only look to rent, and to rates on rent; they will

look also to rates on life, and will doubt the cheapness of a town

residence, however small in rental, where their lease of life must be

shortened from its intended duration, and form part of an average

mortality two-thirds higher than in the suburbs. It is an instinct in

this direction, or perhaps the guidance of knowledge, that within late

years has given so much extension to suburban residence, and has carried

numbers of the wealthier inhabitants of the City to dwell so far from

their places of daily business: and the same instinct or knowledge

yearly acts more towards the less affluent classes, urging them to fly

as far as possible beyond the smoke and crowding and unwholesome vapours

of the metropolis. I entertain great hope and little doubt, that, within

a few years, the working classes will have organised for themselves

extensive means of suburban residence; that vast barracks of

model-houses, rising on healthier soil and amid purer atmosphere, will

receive hundreds of thousands of inmates from those classes of society

which now throng the courts and alleys of the metropolis; and that by

this spontaneous emigration, in so far as it may affect the City, great

assistance will be given to those endeavours which will be made, under

authority of your Act, to thin the court population of the City, and to

diminish the too dense array of houses inhabited by the poor.

As I look to the poor-rates of the City of London, as well as to the

other circumstances just adverted to, I feel the deepest conviction that

_property_, no less than _life_, is interested in the progress of

sanitary reform: and once again, most earnestly, I beg leave to

congratulate your Hon. Court on the acquisition of powers, conferring on

you the inestimable privilege of doing so much good for those whom you

represent, and for the often unrepresented poor; of relieving so much

suffering; of prolonging so much life.

That much improvement remains to be accomplished within your province,

is a certainty which I have endeavoured here, as on former occasions,

plainly to set before you.

Reports Relating to the Sanitary Condition of the City of London · 第 16 / 26 段