4. A clause permitting and empowering you, on sufficient medical testimony, to remove, or to call upon the Board of Guardians to remove, from any lodging-house, within the new definition of your Act, any person diseased with fever or other infectious malady, whose continuance there would endanger the lives of other inmates.
5. A clause prohibiting the occupation of under-ground cellars for the purposes of dwelling.
6. A clause prohibiting the keeping of cattle in or under dwelling-houses.
7. A clause vesting in the Commission a right to purchase houses by jury valuation, in any case where they shall determine that such houses are permanently unwholesome and unfit for human habitation, or that their alteration or removal is necessary for the public health.
8. A clause enabling the Commission to control all further encroachments on spaces which are now open within the City; so that on ground now unoccupied by buildings, no future erection shall be made, except with the sanction of the Commission.
9. A clause to protect the purity and wholesomeness of human food, as sold within the City, by affixing penalties to its exposure for sale in any adulterated, decayed, or corrupted condition, which may impair its fitness for consumption.
These are the heads under which it has appeared to me that the most useful additions might be made to your Act of Parliament, in matters within the scope of my official observation. There are some other minor modifications, which I have submitted to your Committee of Health, and which, as they relate merely to detail, it is unnecessary for me to bring before you. All the recommendations which I have made on this subject result from a careful scrutiny of the operation of your present Act, during the two years that I have had the honour of serving you. Each separate paragraph of my enumeration founds itself upon a distinct recollection of occasions, sometimes numerous, wherein, for want of such enactments, nuisances which you were anxious to suppress have eluded your authority, or advantages which you were desirous to realise have stood beyond your attainment.
It was in the nature of things that this should be so; for the period has been one of experiment. When the City Sewers Act became law for a period of two years, every one interested in its success must have felt the advantage of that limited duration, and have rejoiced in the opportunity, thus afforded, of rendering it eventually the most perfect embodiment of sanitary law.
Parts of the Act have abundantly fulfilled your intention. In the all-important particular of house-drainage—in the enforcement of water-supply, so far as circumstances rendered possible—in the effective preservation of exterior cleanliness—in the abatement of innumerable nuisances—in the provision and maintenance of sewerage and paving and lighting throughout the City—the public has seen your Hon. Court exercising very large powers with very unusual success. And this, let me add, during a time of no ordinary difficulty: a time when, day by day, the vast importance of sanitary improvement has been gaining ground among the educated classes of the country, as a deep and settled conviction; a time when the feelings of all classes have been powerfully excited, and when the metropolis especially has been convulsed with alarm, in the anticipation and in the aspect of a pestilence.
In some other respects the Act has been less operative, and for an obvious reason. To legislate for health was new to you. It was only through the gradual investigation of officers, appointed under the Act, that you could become adequately informed of those sanitary requirements on which your ultimate legislation for the City must found itself. Only by their slow experience, only by failure as well as by success, was it possible that correct knowledge could be obtained of the powers really needful for fulfilling your sanitary intentions.