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159
In connection with the inquiry by the special committee
of 1896, as to the causes of the high death-rate in the
"Notting-dale" special area, an application was made to the
County Council to define the meaning of the term "common
lodging-house," to which a reply was received to the following
effect :—
"The Council is advised that in order to bring a house within the operation
of the Common Lodging-Houses Acts, 1851 and 1853, it is
essential that the following facts should exist;
1. The house must be kept by somebody for the purpose of gain.
2. It must be open for the reception of all comers as lodgers.
3. The persons resorting to the house must be of such a class as, if left
to themselves, would either be unwilling or unable to secure cleanliness
and prevent overcrowding.
4. Some one room or rooms in the house must be used in common by
all the lodgers.
"A large variety of circumstances might arise in any particular case which
might come before the Council, but it is safe to say that if in any case
one of the four facts above-mentioned were absent, it would be a
doubtful question whether the house could be regarded as a common
lodging-house within the meaning and intention of the statutes, and
such a case would need special and particular consideration.
"This opinion has been come to after a careful study of the decisions in
the following cases :—
Booth v. Ferrett.—Decision by Lord Chief Justice Coleridge and Mr.
Justice Mathew.
Langdon v. Broadbent.—Decision by Mr. Justice Grove and Mr.
Justice Lindley."
It is manifest, therefore, that the houses in the " Notting
dale" special area cannot be dealt with as common lodginghouses
under the provisions of the existing law, excepting
in so far as they may be registered as such by the Council
upon the application of the owners—a fact which your Vestry's
special committee, above referred to, recognized in their report.