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stated that they were advised that the Section referred to reverses, in effect,
the decision of the Divisional Court in 1909 in Arlidge r. Islington Borough
Council (73 .T.P., 301), so far as that decision applies to lodging houses
intended for the working classes.
With reference to the Arlidge case, the Divisional Court held that the
Islington By-law as to cleansing made under Section 94 of the Public Health
(London) Act, 1891, was unreasonable, and, therefore, void, as it cast upon
landlords an obligation which they might not be able to obey without
committing a breach of the peace or trespass. J he provisions of Section 16 of
the Act of 1909, however, do not validate By-laws made under Section 94 of
the Act of 1891 if made before the xVct of 1909 came into force.
The County Council stated that it was, therefore, necessary that any By-laws
made before the Act of 1909 became law should be remade in order to make
them effective with regard to the landlords of lodging houses intended for the
working classes, and suggested the desirability of the Borough Council
remaking their present By-laws under Section 94 of the Act of 1891, and
proposed that in doing so it might be considered desirable to include a requirement
for the separation of the sexes in sleeping rooms.
Were it not for the passing of the Housing and Town Planning Act, 1909,
it might be necessary to remake the By-laws, but inasmuch as the effect of the
Town Planning Act will be to call for periodical inspection of the class of
houses which would, amongst others, be included on the Register of Houses
Let in Lodgings, it did not appear to your Council necessary to amend the
By-laws in question, as it was anticipated that the inspections carried out
under the Town Planning Act would very largely supersede inspection under
the powers conferred by the Tenement House By-laws.
For these reasons your Council informed the London County Council on the
15th May, 1912, that this Authority did not consider it necessary to take action
to amend the By-laws relating to Tenement Houses.
Inspections under the Housing and Toicn Planning Act, 1909.—Consideration
was given as to the procedure to be adopted in carrying out the obligations
imposed upon the Council under this Act in regard to the inspection of houses
in the Borough.
Under Section 17 of the Act it is enacted that it shall be the duty of every
local authority to cause to be made from time to time inspection of their district
with a view to ascertaining whether any dwelling house therein is in a state
so dangerous or injurious to health as to be unfit for human habitation. In
connection with this provision the Local Goverment Board made Regulations
(dated 2nd September, 1910), known as the Housing (Inspection of District)
Regulations, 1910, in which it is provided that the local authority shall, as
part of their procedure, make provision for a thorough inspection, to be carried
out from time to time according to the varying needs or circumstances, of the
dwelling houses or localities- in the district of the local authority, and shall cause
to be prepared from time to time by the Medical Officer of Health a list, or
lists of dwelling houses the early inspection of which is in his opinion desirable.