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The Lord Chief Justice : I know that, but I do not see why the usual
order should not follow. The point has to be determined.
Mr. Courthope-Munroe : It has to be determined by somebody, but it is
unfortunate that it should be at the expense of Islington.
Mr. Woodfia : Your Lordship includes the costs of the hearing before the
" magistrates.
The Lord Chief Justice : No. I only give you the costs of the appeal.
Mr. Woodfia : I ask your Lordship for the costs of the proceedings before
the magistrate.
The Lord Chief Justice : No, you are not entitled to that.
Mr. Woodfia : If your Lordship pleases.
The County Council are considering the question of the general amendment
of the by-laws made under Section 39 (and Section 16) of the Public Health
(London) Act, 1891, but desire at once to repeal by-law 26, and to substitute
an amended by-law, a copy of which is appended to their circular letter of
the 29th February, 1904.
By by-law 26 it is required that—
" The landlord or owner of any lodging-house shall provide and
maintain, in connection with such house, water-closet, earth-closet, or
privy accommodation in the proportion of not less than one water-closet,
earth-closet, or privy for every twelve persons."
The County Council propose to add the words—
" Provided that the landlord or owner of any lodgiug-house shall not
deemed to have offended against the last-mentioned requirement of this
by-law until the Sanitary Authority shall have caused notice to be served
on such landlord or owner requiring him forthwith, or within such
reasonable time as may be specified in the notice, to provide and maintain,
in connection with such house, water-closet, earth-closet, or privy accommodation
in the proportion as aforesaid, and he shall have failed to comply
with the notice."
The Borough Council's by-laws for Houses let in Lodgings contains a similar
by-law to that made by the County Council in regard to the number of waterclosets
in proportion to the number of inmates, and also contains the following
by-law as to penalties and previous notice : —
16.—Every person who shall offend against any of the foregoing
by-laws shall be liable for every such offence to a penalty of five pounds,
and in the case of a continuing offence to a further penalty of forty
shillings for each day after written notice of the offence from the Sanitary
Authority.
Provided that the justices or court before whom any complaint may
be made or any proceeding may be taken in respect of any such offence
may, if they think fit, adjudge the payment as penalty of any sum
less than the full amount of the penalty imposed by this by-law.
It would therefore appear to be unnecessary for the by-laws of St. Pancras
to be altered.