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During the year two very important decisions were given in the High Court affecting the
validity of certain of the bye-laws, made by the London County Council and this Council, for
the above as well as other matters. The following is a short report of the cases: —
"In the first case, Stiles v Galinski, the appellant was a sanitary inspector of the
Stepney Borough Council, and the respondent a landlord within the meaning of the
bye-laws in force in Stepney as to houses let in lodgings. At the Thames Police Court,
on 23rd June, 1903, an information was preferred by the appellant against the respondent
that he being the landlord of a lodging house did not in the first week of April
last cause every part of the premises to be cleansed as required by the bye-laws in such
case made and provided. In this case the magistrates dismissed the summons as no
notice had been sent to the landlord."
"In the second case, Nokes and Nokes v the Mayor, Aldermen, and Councillors of
Islington, the appellants were the landlords within the meaning of the bye-laws, the
information preferred was similar to that in the first case, and the magistrate sitting at
the Clerkenwell Police Court convicted the appellants and fined them 10s. and costs."
The appeal here was dismissed on the same grounds as the last, viz., that the bye-laws
were invalid as there was no provision for notice being given.
Bye-laws.
As a consequence of the above decision, the London County Council amended their
bye-laws in the beginning of the year, and the Borough Council in April. The following are the
recommendations of the Public Health Committee which were adopted by the Council.
For the prevention of nuisances arising from any snow, ice, salt, dust, ashes, rubbish,
offal, carrion, fish or filth or other matter or thing in any street.
Insert at the end of bye-law 2 : —
"Provided that the person receiving the rent either on his own account or as the
agent of another person and not residing upon the premises shall not be deemed to
have offended against this bye-law until the sanitary authority shall have caused notice
to be served upon such person requiring him forthwith or within such reasonable time
as may be specified in the notice to comply with the requirements of such bye-law and
he shall have failed to do so."
For the prevention of the keeping of animals on any premises in such place or manner
as to be a nuisance or injurious or dangerous to health.
Insert at the end of bye-law 9 : —
"10. Provided that with the exception of the provisions contained in the third
paragraph of No. 9, no person shall be deemed to have offended against the two
previous bye-laws until the sanitary authority shall have caused notice to be served
upon such person requiring him forthwith or within such reasonable time as may be
specified in the notice to comply with any of the requirements of the said two bye-laws
and he shall have failed to do so."
As to the paving of yards and open spaces in connection with dwelling houses.
Insert at the end of bye-law 10 : —
"Provided that an owner of a dwelling-house shall not be deemed to have offended
against this bye-law until the sanitary authority shall have caused notice to be served
upon such owner, requiring him forthwith or within such reasonable time as may be
specified in the notice to comply with the requirements of such bye-law, and he shall
have failed to do so."
For securing the cleanliness and freedom from pollution of tanks, cisterns and other
receptacles used for storing of water used, or likely to be used by man for drinking
or domestic purposes, or for manufacturing drink for the use of man.
Insert at the end of bye-law 4 : —
"4a. Provided that neither the owner nor the person receiving the rent, either on
his own account or as the agent of another person and not residing upon the premises,
shall be deemed to have offended against bye-laws 2, 3 and 4, until the sanitary
authority shall have caused notice to be served upon either of such persons respectively,
requiring compliance with the requirements of such bye-laws forthwith or within such
reasonable time as may be specified in the notice, and they shall have respectively
failed to do so."
With respect to the keeping of water-closets supplied with sufficient water for their
effective action.
Insert at the end of bye-law 2: —
"Provided that no person shall be deemed to have offended against this bye-law
until the sanitary authority shall have caused notice to be served upon such person,
requiring him forthwith or within such reasonable time as may be specified in the
notice to comply with the requirements of such bye-law, and he shall have failed to
do so."
Bye-laws made by the Borough Council with respect to houses let in lodgings, or
occupied by members of more than one family in the Metropolitan Borough of
Bermondsey.
Insert at the end of bye-law 21:-