View report page

72
BYE-LAWS FOR HOUSES LET IN LODGINGS.
Two important decisions were given on 3rd February, 1904, by the High
Court (King's Bench Division), when in each case the Judges were of opinion
that certain Bye-laws relating to cleansing houses let in lodgings were invalid,
as they did not provide for notice being given to the landlord. The question
was also raised that the Bye-law fixing the first week in April as the period
within which the annual cleansing was to be done was unreasonable.
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 for houses let in lodgings. The
respondent was summoned at the Thames Police Court on 23rd June, 1903,
for not causing some premises to be cleansed in the first week in April, in
accordance with the bye-laws, and the summons was dismissed by the
Magistrate.
The second case was that of Nokes v. The Mayor, &c., of Islington, in which
the appellants had been fined, at the Clerkenwell Police Court, ten shillings
and costs upon an information similar to that of the first case.
In delivering judgment in both cases, the Lord Chief Justice stated that
the Court held that the Bye-laws in each instance were unreasonable, as no
provision was made for giving notice, and that a landlord was thereby not
properly safeguarded from liability for a criminal offence.
In the case of Stiles v. Galinski the appeal of the Stepney Borough Council
was dismissed with costs, and in the second case, that of Nokes v. The Mayor,
&c., of Islington, the appeal was allowed with costs.
The Bye-laws in question were drafted on the model Bye-laws issued
by the Local Government Board for the guidance of local authorities, and
those in operation in the City of London were also framed on them. Although
it was the rule in the City always to give formal notice to owners when there
was occasion to enforce any of the Bve-laws, it was considered advisable to
recast them with a view to meeting the points raised in the foregoing cases.
A new set of Bye-laws was therefore prepared. These were adopted and
sealed by the Court of Common Council on the 24th November, 1904, and
confirmed by the Local Government Board on the 20th January, 1905. A
copy of these will be found in Appendix F on page 165.