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201
[1908
I do not agree, speaking personally as regards myself, and naturally with great respect
to my Brother Wills, about the period to be tied up, that you must not tie up in
a definite period. I cannot help thinking that local bodies who know the local needs and
who express the desire of the community by representation, and who must know their
business, ought not to be lightly interfered with upon matters purely of management and
routine such as this is. The first week in April has been found by one or two learned
magistrates in one district of London not to be unreasonable, and I should npt have been
inclined myself to interfere with any period they chose to fix if they are the appointed
representatives of the ratepayers.
With regard to the other case, I think it is impossible to accept as satisfactory, in the
sense of reasonableness, the definition there of " landlord." I will not say more, having
said that. I will not express my personal feeling any further thin to say, at any rate,
that I can understand the local authorities thinking it arguable that " landlord" there
did mean the person who was really in touch with the tenant. I say nothing more.
They must make it more clear, and I hope they will adopt the recommendations of my
Lord and my Brother Wills, if they do reconsider these bye-laws, as to how far they could
not confine the lodgings to be dealt with in this fashion to lodgings in which there is
no doubt that it is practically impossible to get at the necessary sanitary results by action
against the lodgers or occupants of one or two rooms.
Mr. Courthope-Munroe: My Lords, in the Islington case the only point I came to
meet was the question of the first week in April.
The Lord Chief Justice : I think the other point arose.
Mr. Clarke Williams : It was raised below, but not mentioned in the case.
The Lord Chief Justice : I think the costs of each case must follow the result.
Mr. Courthope-Munroe : If your Lordship pleases.
Mr. Bethune : The appeal will be dismissed with costs.
The Lord Chief Justice : Yes.
Mr. Clarke Williams : And the other appeal allowed.
The Lord Chief Justice : Yes.
The result of this judgment has been that your Public Health Committee
at once set about amending the particular by-law, and as other by-laws
relating to houses let in lodgings were, in the opinion of your Solicitor and
Medical Officer of Health, open to grave objection, they have seized the
opportunity to draft new by-laws, which will shortly be submitted to the
Council.