CO129-266 - Governor Sir Robinson - 1895 [1-3] — Page 387

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used as a living room these are all stipulations that house owners cou. easily insert in their leases, or agreements for tenancy and could enforc. by proper conditions and stipulations. They have always retained the right to enter and inspect as to state of repairs. Their rent collectors are always about. They have their legal remedies if any ordinary covenant is broken. There would be nothing impossible or unreasonable in their imposing such terms on their tenants. Rents might possibly be lower but that is net

the questioD DOW.

The conditions sought to be imposed by the Committee were reason-

have beau --able and possible, and were in fact accepted and carried out by the owner- of 97 of the houses in respect of which they were imposed. But the gravamen of the complaint, is that the Committee bai no right to impose these terms and demand these undertakings. The Committee sutait that it was otherwise. The provisions of section 10 of the Bye-Laws of the 10th May end of Section 5 of the Bye-Laws of the 31st. of May gave the Permanent Committee ample powers and full authority. The Bye; Laws of the 10th. of May dealt with house -in which plugue cases bad actually occurred; The Bye-Laws of the 31st May

extended the powers of the Committee to all bouses which were in such e ste -te as to be a danger to the bealth of the Colony. The provisions of the sections are clear that if, in the opinion of any qualified medical practi. -tioner, any building was in such a condition, from any cause, that mere cleaning and disinfecting would not be sufficient to make it safely batita- ́-tle, it was after being cleaned and disinfected, to be closed and not

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again to be occupied by any person without a special order from the Board. All the powers and authorities of the Board were excercisable by the Perma-

-nent Committee.

The houses dealt with by the Permanent Committee and closed may be

divided into three clauses

(1) Tenements,-152 in auster.- indicated, on the annexed copy of the Schedules to Ordinance 15 of 1894, by teing underlined in red-condemned by a duly qualified medical practitioner as absolutely unfit for human batitation under any circumstances, These were mainly tasements.

(2) Tenements;-88 in number,- indicated in the copy Schedule S annexed condemned by a duly qualified medical practitioner by a cross in red ink

as unfit in their then state for Human habitation.

(3) Houses closed under Bye-Laws of 10th May - left unmarked in Sche- -dule - as being infected with plague baving bad three or more cases of plague therein..

In all, 385 houses, or, parts of houses, being separate tenements Deducting 162, principally basements, absolutely condemned and in respect of which we have certificates in writing duly signed, there are left 173. Of these 173, the owners of 97 bave accepted our conditions, or complied with them and got possession of their houses. There are then left 76 only. Of these 16 were closed under Section 9 of the Bye-Laws as Plague infected; the other 80 were provisionally condemned, i:e. condemned as unfit for human batitation until certain alterations and improvements were carried out. Want of sufficient light, or air, defective drainage arrangements, damp and unwholesome tasements were the principal defects. The Board and it Committee would, they submit, have failed in its duties if it bad made a special order for the reoccupation of these houses except upon conditions that such defects should be removed or remedied fortbwith. Every house was examined at least twice, once before and once after cleaning and disinfect- -ing and although in the printed forms sent round there was a statement that the houses had been "cleaned and disinfected" there never was any statement or declaration by the Board that they were in a sanitary condition or fit

for

(1)