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69
house which is let in lodgings.' Speaking for myself, I do
not draw any distinction between the words ' let in lodgings '
or ' occupied by members of more than one family,' except
that one state of facts may bring it within one set of words
and another state of facts may bring it within the other,
but whether the lodgings are furnished or unfurnished for
the purpose of this section seems to me to make no difference.
I think I must find in order to bring it within the
section either a house which is itself let in lodgings or a
part of a house which is let in lodgings.
" It is said when you come to deal with the facts of
this case that you are to look at the whole structure, and
regard the whole building of bricks and mortar as one house,
and then if you find it sub divided inside it is a house which
is, or a part of which is, let in lodgings. I do not call
attention to the extraordinary results of that argument,
except for the purpose of trying to see why the legislature
should have put in those limiting words ; but one cannot
help seeing that if Mr. Macmorran's view is right there
might be some very large structure of absolutely residential
flats, and if any one of them was let in lodgings, the whole
of them must come in for the purpose of this. Further than
that, I cannot help thinking that there is a good deal in the
view, that, although the legislature might have imposed a
limit to the value in every case, either lodgings let at a
certain rent or houses occupied by members of more than
one family, or a house, that is to say a separate tenement,
let at a certain rent, yet still, when you find these general
words, you would expect to find them applicable to a given
subject matter, and not to a subject matter limited by some
pecuniary standard.
" I think when you look at the facts of this case this
building is a collection of houses for the purpose of this
section. There is no front door. There is a common passage
and common staircases. On these common passages and
common staircases open a number of front doors, which may
be locked, and the tenements are separately occupied by the
tenants of the houses. If any one of those is let in lodgings,
or if a room is occupied by members of more than one
family, then the particular landlord of that particular house
would come within the terms of the section.