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owing to the suspension of the Bye-laws during the cleansing period
(the month of April). Overcrowding also has been reduced in
many registered houses, and there is a steady improvement in their
general sanitation.
There are still remaining out of the 9,000 houses in the Borough
a number which ought to be registered, and these will be proceeded
with in due course. In a general way it may be said that it is
tenement houses of the poorer class which require registration.
Such houses are exempt when the landlord resides upon the
premises, and the letting by such landlord is to not more than one
lodger.
During the present year it has been necessary to modify the
by-laws for houses let in lodgings under the Public Health
(London) Act, 1891, section 94, owing to certain judgments of the
High Court.
The first judgment was given on 9th December, 1903, by the Lord
Chief Justice in the High Court (King's Bench Division) in the
case of Nokes and Nokes v. the Mayor, Aldermen and Councillors of
the Metropolitan Borough of Islington, to the effect that bye-law No. 20
made by the County Council under section 39 of the Public Health
(London) Act, 1891, in relation to the number of waterclosets in
proportion to the number of inmates in lodging-houses is invalid,
as it does not provide for notice to be given before action is taken.
The bye-law in question provides, inter alia, as follows—
"The landlord or owner of any lodging-house, shall provide
and maintain in connection with such house, watercloset,
earthcloset, or privy accommodation, in the proportion of not
less than one watercloset, earthcloset, or privy, for every twelve
persons."
Summarising his judgment, the Lord Chief Justice said :—
"Why I think the bye-law which does not contemplate any notice being
given to the landlord or owner before he is proceeded against for a penalty is
bad, is because I find that in Section 37 (the Sanitary Authority being the
persons who are to say what is the minimum number of water closets which
according to the circumstances are to be required), and the Sanitary Authority