Objects and Reasons.
The object of this amending Ordinance is to offect ver- tain amendments in the Principal Ordinance principally on the recommendation of the Sanitary Board.
The practical working of the Ordinance has shown these amendments to be necessary. An amondment is also made in the Arbitration clauses by which power is conferred upon the arbitrators, provided for in the Ordinance, to lake into their consideration, in determining the amount of com- pensation which may be payable in any given case, the fact that the rental of the premises is enlinced by reason of its being overcrowded; and by direction of the Seere- tary of State amendments are made to various sections of the Principal Ordinance by which a Sanitary Department is created and the Principal Civil Medical Officer is consti- tuted its Administrative Head,
In order to give effect to the Board's recommendation a new defuition of the expression "external air" is submit- ted to Council. The Board having reported that section 48 of the Principal Ordinance as it stands is unworkable, bar section is repealed by the Amending Ordinance and has been recast to accord with the Board's recommend- ation. The object is to expolite and facilitate legal action in case of overcrowding. The present procedure is too enmbrous.
A similar course is taken with respect to sections 153 and 154 of the Principal Ordinance; and on the recom- mendation of the Board sub-sections (9.) and (4.) of section 175 are transposed in the Amouding Ordinance.
The Amending Ordinance also deletes the last cluase (the proviso) of section 46 of the Principal Ordinance. This bas been done on the recommendation of the Sani- tary Board because as the section stands it is found to prevent any finality in determining the number of par- sons who may inhabit a floor as by altering the size of a cubicle a man may at present increase or decrease the number of persons allowed. The proviso was a concession made at the time when it was believed that every third house would be taken down and lateral windows in cubicles thereby provided.
The words "room" and "cubicle" heretofore having in many instances the same meaning will for the future have a distinct meaning and be dealt with nuder separate sections of the Ordinance, and by the amendments made at the Board's suggestion acubielo” (Le,, a sub-division of a room) na soon as it has a window one-tenth of the flour area beconies 躁 room". The amendments therefore do not prevent cubicles" in future houses but only prevent the existence of windowless cubicles except where such enbicles exist in rooms which are themselves sufficiently lighted.
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The Ordinance also amends the arbitration section 251 by providing that whenever a claim to compensation is intended to be made the claim shall be submitted to the Colonial Secretary on the same date as the plans relating to the works in respect of which such compensation is claimed are deposited with the Building Authority; and alsu by providing that where the claim to compensation is in respect of a matter with regard to which powers of exemption or modification are vested in the Board or the Governor in Council the claimant shall await the decision of the Board or the Governor in Council before proceed- ing with the works.
These amendments are necessary because it has occurred in practice that a claim has been sent in several months after the plans were deposited though there was no specific indication on the plan that such claim would be made and subsequently when it was found to be expedient to exercise powers of exemption under the Ordinance it was too late to do so as the building was already in course of crection.
HENRY S. BERKELEY,
Attorney General.
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