View report page

24
Rig ht of
Entry-
High
School for
Girls.
Man Bel
Road.
The appeal of the Council mentioned in my last year's report
against the decision of the Surrey Quarter Sessions at Kingston,
given on January 3rd, 1902, was heard in the Court of King's
Bench on June 24th, before the Lord Chief Justice, Mr. Justice
Darling and Mr. Justice Channell.
Mr. A. Russell, K.C., and Mr. Humphreys appeared for the
Council ; and Mr. Macmorran, K.C., and Mr. Daldy for the
respondent.
Mr. Macmorran contended that the provisions of the Public
Health Act, 1875, only applied to dwelling-houses, and that this,
being a day school, was not a dwelling-house, nor were the scholars
" inmates." He also urged that the magistrates ought not to
have rejected evidence on the application for the order to admit,
which was tendered to show that a less number of pupils were in
the class-room than was alleged, they having held that the only
matters they had to inquire into were the complaint and the
refusal to admit.
The Lord Chief Justice said that by the interpretation clause
(Section 4), "house" included schools and factories, and prima
facie there was no reason why the Act should not apply. In face of
" R. v. Mead" (64 L.J., M.C., 169), he did not think the word
should be limited to dwelling-house. As to the rejection of evience,
the magistrates might have to consider whether there is
reasonable ground to suspect a nuisance before making an order,
and ought not, therefore, to reject evidence on that point. The
case would, therefore, go back to the magistrates for them to
hear the evidence if necessary.
Mr. Justice Darling and Mr. Justice Channell concurred.
The Day School Company belonging to the High School
have extended their accommodation for scholars between the ages
of 4 and 8, by taking the premises, No. 76, Wimbledon Hill, is a
preparatory division, and, whatever might have been the condition
of affairs when the complaint was received, there is little
probability that the premises would now be found overcrowded.
The Council's object having been attained, the necessity for
taking the case further ceased.
At the Surrey Quarter Sessions on January 7th, 1903, an
application was made by Mr. George Humphreys, on behalf of
the Urban District Council, for the return to the Local Authority
of the sum of £49 4s. 5d.. which had been paid by the Council to
the Clerk of the Peace under an order of Court of Quarter Sessions.