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134
Report of the Medical Officer of Health.
A structure originally built as one dwelling house might
perhaps by sufficient internal changes be converted into flats.
It is difficult to distinguish the basement of the house in question
from a flat and the difference between the upper storeys of
it and the flats in Weatherite v. Cautley consists chiefly in the fact
that each upper storey is not shut off from the common staircase
by one door only; but my attention has been called to Kyffin v
Simmons, 67 J.P. 227, and to Filer v. Thomas, decided by the
King's Bench Division on appeal from the Thames Police Court
on the 2nd July last, which resemble the case now before me.
Each of those cases was, it is true, treated in the Divisional
Court, as concluded by the finding of the Magistrate, but I do not
consider that I can disregard them on that ground or that I could
properly come to another conclusion of fact on evidence which is
so similar.
Kyffin v. Simmons may perhaps be distinguished by the fact
that there was no separate sanitary accommodation for each floor,,
but I cannot distinguish the facts in the case before me from those
in Filer v. Thomas, in which the Magistrates' finding was treated
as conclusive by the King's Bench Division and I feel bound by the
findings and decision in that case to determine that the structure
now in question is a "house occupied by members of more than
one family," and is therefore subject to the provisions of section
94 of the Public Health (London) Act, 1891, and is a "lodging
house" within the definition of the first of the By-laws which purport
to have been made by the Sanitary Authority under that Act.
I have come to this conclusion with reluctance for the house
is not a "lodging house" within the ordinary meaning of the
word, and I doubt whether Parliament meant the words " occupied
by members of more than one family" in section 94 to extend the
provision beyond places of abode occupied in the nature of
lodgings as distinguished from other tenements.
Neither the Landlord nor any agent of the Landlord lives
on the premises or has control over them during the tenancies of
the inmates ; yet he will be compelled under these By-laws, to find
out as best he can and state truly to the Sanitary Authority inter
alia, the manner of use of each room, and the number, age, and