CO129-316 - Governor Sir Blake - 1903 [1-4] — Page 330

The Ordinance provides for the payment of monetary compel saf in certain cases. The Compensation clauses will be found i 54,89,151,130,128, and 198.

The assessment of the amount to be paid by way of compeacha has been placed in the hands of arbitrators with a right of har case of difference between the arbitrators to the Puisne Jul in Chambers.

The decision of the Puisne Judge so sitting on appeal

beny S.J

Attorney Genefal

50.-17.2.03

3

Enclosure & to Despatch No. 116 of the

18th March, 1903.

322

MEMORANDUM SHOWING THE CHANGES IN THE LAW EFFECTED BY THE PUBLIC HEALTH AND buildings ordinande 198.

Part I.

PRELIMINARY.

314

Section 3 contains provisions as to the non-disturbance of existing contracts for works, the plans of which have been already approved by the Building Authority. Section 6 contains a number of new definitions taken mostly from the Imperial Acts. The definition of "Building Line" although new makes no alteration in the existing law; the definition of "Width of Street" provides that streets over land held under lease from the Crown shall be maintained of a uniform width, which width shall, however, he determined by the owners, and is meant to prevent the owners of individual houses frouting such a street varying its width without consultation with neighbouring owners. Thus an existing private street may be twenty feet wide; the owner of one house in such street may on re-building wish to set his house back fifteen feet from the middle line and then claim the width of the street to be twenty-five feet: another may set his house back twenty feet from the middle line and dain the width of the street as thirty feet and so on, destroying all uniformity in the width of the street.

Section 7 provides for a list of Authorized Architects who will alone be entitled to perform certain duties under the Ordinance.

Part II.

PUBLIC HEALTH.

Section 8-The Medical Officer of Health ceases to be a member of the Saui- tary Board.

Section 18 gives the Board power to punish its officers by fine for dereliction of duty.

Section 26 has somewhat amplified the definition of "Nuisance" by the inclusion of buildings which are "so damp or in such a condition of dilapidation" as to be dangerous or injurious to the health of the inmates, and by the inclusion of premises which are in a "dirty or insanitary condition." The provisions of the Rats Ordinance (No. 1 of 1902) in regard to the filling up of rat-holes or rat-runs, have been brought into this section.

-Section 34 gives the Magistrate power to order the proper securing of premises which have been declared by him to be unfit for human habitation.

Section 40 requires lodging-house keepers to add to the register now kept by them the dates of arrival and departure of their lodgers.

Section 41 gives the Board power to control the washing of clothes in public places.

Section 42.--New premises for the carrying on of dangerous trades may not be established without the permission of the Board; the present law only covers offensive trades.

Section 43.-The Board may require certain improvements in the sanitary condition of factories and workshops.

Section 44.-The Board may also prohibit the occupation for domestic purposes of premises where dangerous trades are carried on; the present law only covers offensive trades.

Section 45.-The prohibition of the occupation of basements without permission is extended to cover their use as workshops or for the preparation and storage of food.

Section 46.-Fifty square feet of floor space and six hundred chbic feet of air space are with certain exceptions required per head in domestic buildings in lieu of the present requirements of thirty square feet and four hundred cubic feet,

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