of the subject published. The first was the Shaftesbury Act of 1851 for the establishment of lodging-houses for the working classes; the last was the Housing of the Working Classes Act of 1903. The Shaftesbury Act had in view the provision by local authorities of good lodging-houses for the better class of artisans, and particularly of single persons, male and female, though families were also contemplated. It was accompanied in the same year by another act, not included in the list of twenty-eight, for the regulation and control of common lodging-houses, from which Mr Dewsnup reasonably infers that the object of Lord Shaftesbury, who inspired both acts, was the separation of the casual and disorderly class frequenting common lodging-houses from the more regularly employed and respectable workers who were sometimes driven to use them for lack of other accommodation. At any rate this early legislation embodied the principle of differential treatment and showed a grasp of the problem not always visible in later procedure. The most important of the subsequent acts were those of 1855 and 1866, both intended to encourage private enterprise in the provision of working-class dwellings; the Torrens Act of 1868 (Artisans’ and Labourers’ Dwellings Act) for the improvement or demolition of existing buildings; the Cross Act of 1875 (Artisans’ and Labourers’ Dwellings Improvement Act), for extending that process to larger areas; the Public Health Act of 1875; the Housing of the Working Classes Act of 1885 following the report of the Royal Commission on the Housing of the Working Classes, of which King Edward, then prince of Wales, was a member; the Housing of the Working Classes Act of 1890; the Public Health (London) Act of 1891. The acts of 1875 (Public Health), of 1890 and of 1891 are still in force. The story of this half-century of legislation (which also includes a number of Scotch and Irish acts, local private acts and others bearing on the question) is one of tentative efforts first in one direction then in another, of laws passed, amended, extended, consolidated, superseded. Many of the enactments, originally of limited application, were subsequently extended, and the principal laws now in force apply to the whole of the United Kingdom. Two main objects can be distinguished—(1) the treatment of existing dwellings by demolition or improvement; (2) the construction of new ones. The second head is further subdivided into (a) municipal action, (b) private action. These objects have been alternately promoted by legislative measures conceived and carried out on no systematic plan, but gradually and continuously developed into an effective body of law, particularly with regard to the means of dealing with existing insanitary dwellings. The advancing requirements of public health are clearly traceable in the series of enactments directed to that end. The Nuisances Removal Act of 1855 took cognizance of premises in such a state as to be “a nuisance or injurious to health,” and made provision for obtaining an order to prohibit the use of such premises for human habitation. In the same act overcrowding obtained statutory recognition as a condition dangerous or prejudicial to health, and provision was made for compelling its abatement. The campaign against bad housing conditions thus inaugurated by the legislature was extended by subsequent acts in 1860, 1866 and 1868, culminating in the Cross Act of 1875 for the demolition (and reconstruction) of large insanitary areas and the extremely important Public Health Act of the same year. The constructive policy, begun still earlier in 1851 by Lord Shaftesbury’s Act, was concurrently pursued, and for some years more actively than the destructive; but after 1866 the latter became more prominent, and though the other was not lost sight of it fell into the background until revived by the Royal Commission of 1885 and the housing legislation which followed, particularly the Housing of the Working Classes Act of 1890, amending and consolidating previous acts.
The laws in operation at the beginning of 1909 were the Public Health Acts of 1875 and 1891 (London), as amended by subsequent minor measures, and the Housing of the Working Classes Act of 1890, amended in 1894, 1900 and 1903. The Public Health Acts place upon the local sanitary authority the obligation of securing, under by-laws, the proper construction, draining and cleaning of streets, removal of house refuse and building of houses, including structural details for the prevention of damp and decay, the provision of sanitary conveniences and an adequate water-supply; also of inquiring into and removing nuisances, which include any premises in such a condition as to be a nuisance or injurious to health and any house so overcrowded as to be dangerous or injurious to health. For the purpose of carrying out these duties the local authority has the power of inspection, of declaring a building unfit for human habitation and of closing it by order. The Housing Acts give more extended power to the local authority to demolish insanitary dwellings and clear whole areas or “slums,” and also to construct dwellings for the working classes with or without such clearance; they also retain the older provisions for encouraging private enterprise in the erection of superior dwellings for the working classes. The procedure for dealing with insanitary property under these Acts is too intricate to be stated in detail; but, briefly, there are two ways of proceeding. In the first the local authority, on receiving formal complaint of an unhealthy area, cause an inspection to be made by their medical officer, and if the report in their opinion justifies action, they may prepare an “improvement scheme,” which is submitted to the Local Government Board. The Board holds an inquiry, and, if satisfied, issues a provisional order, which has to be confirmed by a special act of parliament, under which the local authority can proceed to demolish the houses concerned after paying compensation to the owners. This procedure, which is authorized by part i. of the act of 1890, is obviously both cumbrous and costly. The second way, provided for by part ii. of the act, is much simpler and less ambitious; it only applies to single houses or groups of houses. The medical officer in the course of his duty reports to the local authority any houses which are in his opinion unfit for human habitation; the local authority can then make an order to serve notices on the owners to repair the houses at their own expense. Failing compliance on the part of the owners, an order for closing the houses can be obtained; and if nothing is done at the end of three months an order for demolition can be made. Buildings injurious by reason of their obstructive character (e.g. houses built back to back so as to be without through ventilation and commonly called “back-to-back” houses) can be dealt with in a similar manner. Small areas containing groups of objectionable houses of either kind may be made the subject of an improvement scheme, as above. Where areas are dealt with under improvement schemes there is a certain obligation to re-house the persons displaced. Building schemes are provided for under part iii. of the act. Land may be compulsorily purchased for the purpose and the money required may be raised by loans under certain conditions. The provisions thus summarized were considerably modified by the “Housing, Town Planning, &c., Act,” passed at the end of 1909. It rendered obligatory the adoption (previously permissive) of the housing provisions (part iii.) of the act of 1890 by local authorities, simplified the procedure for the compulsory purchase of land required for the purpose and extended the facilities for obtaining loans. It further gave power to the Local Government Board to compel local authorities to put in force the act of 1890 in regard both to existing insanitary housing and the provision of new housing. Power was also given to county councils to act in default of rural district councils in regard to new housing. The procedure for dealing with insanitary houses by closing and demolition under part ii. (see above) was rendered more stringent. The general intention of the new act was partly to facilitate the administration of the previous one by local authorities and partly to provide means of compelling supine authorities to take action. Its town-planning provisions are noted below.
Effects of Legislation.—The efficacy of laws depends very largely on their administration; and when they are permissive and dependent on the energy and discretion of local bodies their administration varies greatly in different localities. That has been the case with the British housing and health laws, and is one cause of dissatisfaction with them. But in the aggregate they have effected very great improvement. Public action has chiefly taken effect in sanitary reform, which includes the removal of the worst housing, through demolition or alteration, and general sanitary improvements of various kinds. In some large towns the worst parts have been transformed, masses of old, narrow, crowded, dilapidated and filthy streets and courts have been swept away at one blow or by degrees; other parts have been reconstructed or improved. The extent to which this has been accomplished is not generally recognized. It is not easily demonstrated, and to realize it local knowledge, observation and memory are needed. The details of the story are hidden away in local annals and official reports; and writers on the subject are usually more concerned with what has not than with what has been done. Both the Public Health and the Housing Acts have had a share in the improvement effected.
