Sessional_Paper_1898 — Page 465

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have been paved and channelled. There is some difficulty in keeping these private streets in order and I think the Director of Public Works will be able to tell you about that. The only law we have at present is that open spaces on which slops may be thrown must be paved and channelled, but there is no liability thrown upon the owners to pave and channel private streets, unless it can be proved that the condition of the street is such as to be a nuisance, and injurious to health.

Your suggestion is that legislation should be introduced so as to have these lanes maintained in a sanitary condition?" Sanitary condition" is perhaps too vague. I should say properly paved and channelled. That is the wording of the home act- the Public Health Act, 1875, s. 150 which says:

CC where any street within any urban sanitary district...............is not sewered levelled paved metalled flagged channelled and made good or is not lighted to the satisfaction of the urban authority, such authority may by notice addressed to the respective owners or occupiers......

........require them to sewer level pave metal flag channel or make good, or to provide proper means for lighting the same, within a time to be specified in such notice."

We have no such power ?—No.

You recommend that similar power should be introduced into the Legislature here? -I do, and that if the Sanitary Authority take over the street it must be regarded as Crown property from that time.

Mr. JACKSON-It would be bad to live in the houses in this cold weather, but you said in summer they sleep in the streets. Would they be allowed to do that in the public streets?—I think they do. I think it is rather an advantage than otherwise from the public health point of view.

The CHAIRMAN-I have seen them sleeping under the verandahs in the public streets.

Mr. EDE-I do not think Dr. CLARK says the Government should take the streets over entirely. I think you would find a good deal of opposition to that. If it became a public street the police would interfere and say "You can't put your goods here and you can't sleep here."

WITNESS-I think it must be optional. I do not think it is wise to compel owners to hand over their streets, but if they do not, they should be compelled to pave and channel them, and then maintain them in a sanitary condition.

The CHAIRMAN-Any further suggestions?

I suggest that through ventilation by means of an open space at the rear of every domestic building or any portion thereof, in which persons pass the night, shall he compulsory. I will explain how I think that can be done. First we take the case in which a backyard exists or has existed in any domestic building at present erected, such backyard should be kept free and unobstructed except by bridges not more than 3 feet 6 inches in width, one for each floor, and placed vertically one above the other. That is the law at present in force, but unfortunately it was found not to be retro- spective. What I merely wish is that it should be made retrospective. Bye-law 5, made under Ordinance 15 of 1894, states that "all backyards shall be kept clear of obstruction throughout the vertical height of the building abutting thereon." This bye- law was applied somewhat extensively throughout the city and the backyards were opened out, much to the sanitary improvement of the premises, but it was found that the bye-law was not retrospective and we had to stop; no existing backyard may be obstructed by new erections, but we cannot compel the removal of old obstructions; that is the advice which we received upon this question.

The CHAIRMAN-Do you think all these backyards should be dealt with ?--I think the bye-law should be retrospective. Backyards must be kept clear, except that, of course, they must have bridges on the upper floors so that the people can pass from the living room to the kitchen. Then, where no backyard exists-

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