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as to what houses should be required to be registered.
The Vestry claimed to have exercised this discretion and
not to have determined on any settled policy of not registering
houses, although they did not see much practical
benefit would result from registration. The Vestry thus,
by making and obtaining confirmation of a bye-law giving
them discretion, have been enabled to render Section 94
of the Act inoperative in their district, and the Council,
after consulting Counsel, determined to raise the question
of the validity of this bye-law. As this could only be
done by means of a further complaint to the Local Government
Board, the Council on the 6th December addressed a
letter to the Board, explaining the circumstances and
asking them to compel the Vestry to make valid bye-laws
or to appoint the Council to perform this duty. The
Board have replied to the effect that the Vestry have made
bye-laws, which have been confirmed by the Board, and
that while recognising that bye-law No. 2 has not worked
well in this case the Board do not regard the bye-laws as
invalid, and under these circumstances the Board express
the opinion that the Vestry cannot be treated as in default
in the way suggested by the Council. The Board also
point out, that if the Council considers the Vestry have
made default in enforcing the bye-laws, it can, apparently,
itself take action under Section 100 of the Act. Counsel
has, however, advised us that the Council cannot act under
that section. We are afraid, therefore, that the Council
has now exhausted all possible means of redress and that
nothing further can be done. It is very unfortunate that
the Vestry, by obtaining confirmation of a bye-law giving
them discretion in registering houses let in lodgings, should
have thus been enabled to evade the intention of the
statute, and the result will probably be to hamper our
efforts to obtain the regulation of such houses in other
districts, particularly in those which have similar bye-laws.
We report the circumstances for the information of the
Council and the public."