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38
RECENT LEGAL DECISIONS re BYE-LAWS
FOR HOUSES LET IN LODGINGS.
(Special Report presented to the Council on April 14th, 1904).
I have to draw the attention of the Council to the recent
important decisions given in the King's Bench Division
(Divisional Court) on February 5th, 1904, by the Lord Chief
Justice of England, Mr. Justice Wills and Mr. Justice Kennedy,
in the two cases of Stiles v. Galinski, and Nokes v. Mayor, etc., of
Islington. The Court held that the Bye-laws of Houses let in
Lodgings relating to cleansing (annual) and to the provision of
one w.c. for every 12 lodgers were unreasonable, because they
did not provide for notices being served upon the person or
persons responsible previous to such person or persons being
subjected to a criminal charge.
It was suggested also by the Court that perhaps the time (first
week in April), in which the annual cleansing is to be done,
might, with advantage, be extended. •
The Bye-laws read as follows :—
"No. 14.—The landlord of a lodging-house shall cause every
common passage or staircase in such house to be thoroughly
cleansed from time to time as often as may be requisite.
"No. 15.—The landlord of a lodging-house shall, in the first
week of the month of April in every year, cause every part of the
premises to be cleansed.
"He shall, at the same time, except in such cases as are
hereinafter specified, cause every area, the interior surface of
every ceiling and wall of every water-closet belonging to the
premises, and the interior surface of every ceiling and wall of
every room, staircase, and passage in the house to be thoroughly
lime-washed.
"Provided that the foregoing requirement with respect to the
lime-washing of the internal surface of the walls of rooms, staircases,
and passages shall not apply in any case where the internal
surface of any such wall is painted or papered, or where the
material of or with which such surface is constructed or covered
is such as to render the limewashing thereof unsuitable or