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89
Mr. Cripps's opinion was as follows :—
" In my opinion section 94 of the Act of 1891 is imperative, and there is no power to exempt
from the operation of by-laws for the registration of lodging-house3 any houses so occupied as to
come within the lodging-house definition. a by-law in the Bethnal Green form, which enables
the local authority to exempt any or all lodging-houses within their district, is not a compliance
with the requirements of the Act, and I am unable to agree with the view put forward by the
Local Government Board."
The " view " referred to was, that a certain Vestry did not appear to the Board to have
been guilty of default in enforcing the by-laws, inasmuch as one of the by-laws allowed the Vestry a
discretion as to what houses should be required to be registered. It would now appear, the County
Council state, that in Counsel's opinion " Section 94, of the Public Health (London) Act, 1891, is
imperative, and that there is no power to exempt from the operation of by-laws for the registration
of lodging-houses any houses so occupied as to come within the lodging-house definition."
The Committee stated that Counsel's opinion " was of great importance, raising as it did
the question of the validity of the exemption clauses in the by-laws of nearly all the London
sanitary authorities ; " and on their advice the Council decided to ask the Local Government Board
not to confirm in the future any by-laws as to houses let in lodgings containing exemption clauses
giving a discretionary power to the sanitary authority. The Local Government Board, however,
signified their dissidence from the view of Mr. Cripps, and they are not merely willing to sanction
an exempting by-law, but press for one, whether in the terms of their model by-law or in some
different form.
There is no by-law dealing with this question of exemption in the Council's existing code, the
late Vestry having decided to treat, as the Council treat, each case on its own merits, and to exempt
from registration at discretion ; and the matter will, I hope, always remain on that footing.
Personally, I should welcome a large extension to the operation of the by-laws, for they facilitate
administrative work in the Public Health Department, very materially; and I can but repeat, what
I have often said, that the application of the by-laws to all tenemented houses, and other houses let
in lodgings to the poorer classes, would be an unmixed benefit, by enabling the sanitary authority
to enforce conditions necessary to secure healthy homes for the people, who, in regard to such
matters, have little power to help themselves.
The Advantages of By-Laws.- It has been objected to the by-laws made in 1885, and still in
operation, that some of them deal with matters now " otherwise" (but not differently) " dealt
with" in the Public Health (London) Act, 1891, and in by-laws framed by the County Council and
the sanitary authority. There is, nevertheless, manifest advantage in dealing with such matters in the
lodging-house by-laws, for the information of owners, keepers, and lodgers having duties in regard to
them. Sanitary administration in relation to registered houses is facilitated by the by-laws which
enable the Council to secure conditions necessary to healthiness of the habitation, without recourse to
the tedious process of proving nuisance to the satisfaction of the justices, by proceedings under the
second section of the Public Health Act. And whilst facilitating the work of the public health
department, registration of houses let in lodgings has given rise to none of the evils feared by the
owners and occupiers of houses proposed to be registered; and practically there has been little
objection by any of the parties affected by them.
Common Lodging-Houses.—The County Council in 1894 took over from the police the
supervision of common lodging-houses, under the circumstances set out in my annual report for
1893 (p. 207). I am indebted to the Council's Medical Officer of Health for the subjoined return
of the common lodging-houses in this borough, which are 33 in number, and contain accommodation
for 1,019 persons.