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Wills was of the same opinion with regard to the by-law not providing for notice being given to the
persons made responsible. Mr. Justice Kennedy agreed that the by-laws could not be supported
for the reasons given by the Lord Chief Justice. The appeal in the first case was dismissed with
costs: the appeal in the second case was allowed with costs.*
The by-laws which were the subject of the above decisions, were made under section 94 of
the Public Health (London) Act, 1891, which provides that every sanitary authority shall make and
enforce such by-laws as are therein specified, as to houses let in lodgings. Section 114 of the Act,
provides, moreover, that all by-laws made by any sanitary authority under the Act, shall be made
subject and according to the provisions with respect to by-laws, contained in sections 182 to 186 of
the Public Health Act, 1875 ; and under section 184 of that Act, the by-laws require the approval of
the Local Government Board. The Council's by-laws, made by the late Vestry, and approved by
the Local Government Board, in 1885, are to the like purport as those above adverted to, but were
made under powers conferred by now repealed Acts, the provisions of which were re-enacted in the
Act of 1891. They make no provision for notice to be given, as now ruled to be necessary; notice,
however, is invariably given; but this fact does not give validity to the particular by-laws. The
defect should be cured by amended by-laws as soon as practicable, seeing that notices for the
periodical cleansing of houses let in lodgings cannot be enforced, legally, under the by-laws as they
now stand. Certain by-laws made by the County Council, ultra vires in the same sense, have been
amended so as to conform with the dictum of the Court.
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 28 in number, and contain accommodation
for 803 persons.

Twenty-one of the common lodging-houses, with accommodation for 559 persons (152 of
them in double beds) are comprised in the " Notting-dale " special area.
• A full report of these cases, and of the judgments pronounced by the Court, is set out in my first monthly report for
1904, page 6, together with an account of the Council's by-laws, and the procedure adopted in giving effect to them.