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100
The decrease in the number of houses on the register is accounted
for by the fact that under the by-laws a change of landlord of a registered
house removes the house from the register. During the year
several premises were found to have thus ceased to be registered.
The revision of the by-laws relating to these houses, which has been
undertaken in view of Section 16 of the Housing, Town Planning, etc.,
Act, 1009, has been in progress during the year; but the amended bylaws
had not been approved by the Council at the close of the year.
Housing of the Working Classes Acts, 1890 to 1909.
Dwellings Unfit for Habitation.
The Closing Order made by the Council under Section 17 of the
Housing, Town Planning, &c., Act, 1909, in February, 1911, in regard
to No. 83, Palmerston Road, which was confirmed by the Local
Government Board, is still the subject of litigation. The owner having
unsuccessfully asked the Council to determine the Closing Order, he
at once appealed to the Local Government Board in regard to the
matter, and upon the Board dismissing the appeal obtained a writ of
certiorari from the High Court. The case came before the Divisional
Court in December of last year, when the Rule was discharged. Mr.
Arlidge (the owner) carried the matter to the Court of Appeal, and after
a lengthy hearing the Court came to the conclusion (Lord Justice
Hamilton dissenting) that on an appeal by the owner of a house to the
Local Government Board against the refusal of the local authority to
determine a Closing Order, the Appellant has a right to submit his case
to, but not to appear before the person who decides the issue; and that
he is entitled to see the report which the Inspector holding the Public
Local Inquiry makes to the Board (Rex v. Local Government Board
ex-parte Arlidge, 1913, Court of Appeal). This question of procedure is
one of considerable importance to the Local Government Board as, so
long as this judgment of the Court of Appeal stands, it will effect all
Inquiries held by the Board under the Act, and probably a large number
of Inquiries held under other Acts as well. Consequently it is not to be
anticipated that the question can be regarded as finally settled until it
has been submitted to the judgment of the House of Lords, The case