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The definition of the term "common lodging-house" in the Common
Lodging-Houses Act (Ireland), 1860, as a house in which persons are
lodged for hire, applies to the Common Lodging-Houses Act, 1851 and
1853. The fact that the Act of 1860 has been repealed makes no
difference in this respect. A house carried on as a charitable institution
to which destitute persons of the very poorest class are admitted, and
treated and dealt with in a manner similar to the frequenters of common
lodging-houses is not a common lodging-house within the Common
Lodging-Houses Acts, 1851 and 1853, and the London County Council
(General Powers), Act, 1902, Part IX., if no payment of any kind is
made by or on behalf of the persons admitted.
Gilbert v. Jones (1905), 2 K. B., 691; 69 J. P., 392, overruled.
Note.—Common Lodjing-Houses Act (Ireland), 1860 (23 Vict. ch. 26),
sections 2 and 3.
Section 2.—"This Act and 'The Common Lodging Houses Act, 1851,' and
"The Common Lodging-Houses Act, 1853/ shall, for the purpose of the
execution thereof in Ireland, be construed as if they were one Act, and the
said Acts, as hereby amended, shall be deemed to extend to Ireland."
Section 3. — "For the purpose of the execution of the said recited Acts, and
of this Act in Ireland, certain words and expressions used in the said Acts are
hereby declared and explained to have been intended to bear the following
meanings, that is to say: —
"The term 'common lodging-house' shall mean a house in which persons
are harboured or lodged for hire for a single night, or for less than a week at
a time, or any part of which is let for any term less than a week."
(Extract from the "Justice of the Peace," February 17th, 1906.)
December 6th, 7th, 20th, 1907.
(Before Channell, J., without a jury.)
Wilson's Music and General Printing Company v. Finsbury Borough Council.
Metropolis-Public Health- Houses drained by a eombined operationOrder
of Vestry-Reception of public drainage into drain-Sewer-NuisanceIntimation
notice threatening proceedings-Compliance under protest-Work
done voluntarily or under compulsion-Right to recover expenses from local
authority-Damages-Public Health (London) Act, 1891 (54 & 55 Vict, c. 76),
ss. 3, 4-Metropolis Local Management Act, 1855 (18 & 19 Vict. c. 126),
.s. 250.
A group of premises drained by a combined operation discharged their
drainage through a common pipe or conduit into a public sewer. The
said pipe being defective and causing a nuisance, the borough council
served " intimation notices" on the several occupiers of the said