London's Pulse: Medical Officer of Health reports 1848-1972

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Marylebone 1901

[Report of the Medical Officer of Health for St. Marylebone, Metropolitan Borough]

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68
quota to the schemes of the London County Council. These
remarks are, of course, made upon the assumption that
Part III. cannot be put in force by local authorities in such
a way as to be self-supporting; and it is the writer's belief
that to build houses under present conditions for the lowest
paid labour—the class that is most distressed for want of
suitable habitation—cannot be made remunerative.
By-Laws as to Houses Let in Lodgings.
Weatherett v. Cantlay.
This appeal case heard before a full court in the King's
Bench Division is important, seeing the large number of
Artisans' Dwellings in this district, and merits special notice.
In 1899, the Vestry of St George-the-Martyr directed
a certain block of Artisans' Dwellings to be registered under
the By-laws with respect to houses let in lodgings. The
owner (Cantlay) contended that the buildings did not come
within the By-laws, and refused to give the necessary information
for the purpose of registration. The Vestry
summoned the owner before the Stipendiary. The Stipendiary
decided against the Vestry. The Vestry, now become
a Borough Council, appealed. The results of the appeal
upheld the Magistrate's decision. The following being the
judgment of the Lord Chief Justice :—
The Lord Chief Justice: "I think, now this case has
been argued out, that there really is no difficulty in it. I
do not think that any of the cases on the meaning of the
word ' house ' for the purpose of particular statutes help us.
I think we have really to look to see what the object of this
legislation was, and then construe the words with reference
to the object of the legislation. By Sub-section A of Section
94 of the Public Health (London) Act, 1891 : ' Every sanitary
authority shall make and enforce such By-laws as are
requisite for the following matters, that is to say :—(a) For
fixing the number of persons who may occupy a house or
part of a house which is let in lodgings.' I think the object
of this legislation was to control the number of people who
should occupy a tenement which may fairly be described as
a separate house, and that is shewn by the words ' part of a