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out the work, and the summonses having been dismissed by
the Magistrate, on the ground that they should have been
issued against the persons who ordered the work to be done.
The Divisional Court sustained the decision of the Metropolitan
Magistrate, with the result that the hitherto invariable
practice of proceeding against the responsible person
who actually carries out the works is no longer open to the
Metropolitan Borough Councils, but enquiries must be made
as to who is the responsible person or persons for the work
being done (i.e., who has given the order).
The Hampstead Borough Council regarding this decision
as of serious importance, communicated with the London
County Council with a view to the London County Council
amending its By-laws so as to validate the practice which
has hitherto existed, and to make it clear, as suggested by
the Lord Chief Justice in his Judgment, either by an interpretation
clause, or otherwise, that a builder or contractor
in control of the works shall, in addition to the existing
remedy against the owner, be responsible in cases of breaches
of the By-laws. The London County Council communicated
with the Local Government Board as to the advisability of
securing such amendment, and the Board states that it will
be prepared to consider the terms of any By-law prepared to
meet the decision given in the case of Kershaw v. Brooke.
The Board, however, points out that it is not satisfied that it
is necessary to amend the By-laws, the effect of the decision
in the case of Kershaw v. Brooke and in that of Brown v.
Edmonton (45 J. P. 553) being to shew that the applicability
of the By-law to a particular person must be judged by the
facts in each case. The London County Council, consequently,
addressed a letter (dated October 20th, 1909) to
the various Metropolitan and City Borough Councils, asking
to be favoured with the views of those Bodies on the opinion
expressed by the Local Government Board, and Lambeth
Borough Council decided to take no action having regard to
the views expressed' by the Local Government Board (as
printed above in italics).