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146
Owing to these judgments it became necessary to revise our
bye-laws, inserting a clause requiring the giving of notice before
prosecuting for penalties. This was at once proceeded with, and
completed to the satisfaction of the Local Government Board on
July 29th. Whilst we obtained our new bye-laws at an earlier
date than almost any other Metropolitan Borough Council, it will
be understood that from February to July we were, practically
speaking, without operative bye-laws, and this fact has without
doubt exerted an unfortunate effect upon the work of exercising
control over registered houses during the year. It has also
prevented the taking of proceedings for overcrowding, uncleanliness,
etc. It may be remarked that the new bye-laws do not in fact
alter our method of procedure in Finsbury, as it was our invariable
custom to serve such a notice as is now required by law.
Before leaving this matter it is interesting to observe, in relation
to the cases mentioned in my Report for 1903 (pp. 146-148), that
the Lord Chief Justice held that the laying down of a definite
period during which the annual cleansing shall be done did not
invalidate these bye-laws, as the intention of the statute was to fix
dates when it should be done.
The following are the amended Bye-laws now in force:—
PUBLIC HEALTH (LONDON) ACT, 1891.
Bye-laws made by the Mayor, Aldermen and Councillors of the
Metropolitan Borough of Finsbury, with respect to Houses let in
Lodgings, or occupied by Members of more than one Family, in
the Metropolitan Borough of Finsbury.
Interpretation of Terms.
1. In these Bye-laws, unless the context otherwise requires, the
following words and expressions have the meanings hereinafter
respectively assigned to them, that is to say:—
"Council" means the Mayor, Aldermen and Councillors of the
Metropolitan Borough of Finsbury in the Administrative
County of London.
"Lodging-house" means a house or part of a house which is
let in lodgings or occupied by members of more than one
one family.