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page 474. Of course, every decision turns upon the particular facts
with which the decision has to do; hut I cannot help thinking that the
Judgment in the latter case, turning as it did upon the facts contained
in that case, has a peculiar and singular appositeness to the present
case. I agree, therefore, with the Judgment of the learned Magistrate
in substance, for the reasons which he gives, and I think this appeal
ought to be dismissed. When I say, "for the reasons which he gives,"
perhaps I ought to add the words "founded as they are upon the
important facts found in the Case."
With regard to the rest of these cases, I observe on the first page
of the Judgment of the learned Magistrate these words: "It is agreed
that the legal position is the same as if the Railway Company had done
the work themselves, and I treat the matter as if the Railway Company
were the actual Defendants in all the Summonses." A certain
difference has been indicated between the position of the Limited
Company, John Cochrane & Co., Ltd., and the position of the Railway
Company itself. In my opinion, the difference is immaterial, and the
principle applicable to the one case is applicable to the two remaining
cases. I am of opinion that, upon the true application of the relevant
principle, each one of these three appeals ought to be dismissed.
Mr. Justice Roche: I agree, and have nothing to add.
Mr. Justice Branson: I agree.
Sir John Simon: Your Lordships will allow the costs of the
Respondents ?
The Lord Chief Justice : Yes.
Underground Rooms.
The required standard to which such rooms must conform, if
separately occupied, is prescribed in the Public Health (London) Act,
1891, and if used habitually for sleeping purposes in the Regulations
made by the Borough Council under the Housing Act, 1909.
During the year 6 underground rooms were closed or the illegal
occupation was discontinued, and in 7 cases the rooms were made to
conform to the required standard.
Rats and Mice (Destruction) Act, 1919.
During the year, various complaints concerning these pests were
received and investigated. The occupiers of the premises concerned
were advised and assisted as far as possible, and supplied with poison
to help in exterminating the vermin.