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default. But the regulations are not valid unless and until confirmed by the Local Government Board.

This enactment does not apply to common lodging houses within the Common Lodging Houses Acts. (29 & 30 Vict. c. 90. s. 35.)

OVERCROWDING.

The sanitary authority, upon the certificate of the medical officer of health, or, if there is none, of two qualified medical practitioners, that any house is so overcrowded as to be dangerous or prejudicial to the health of the inhabitants consisting of more than one family, must cause proceedings to be taken before the justices to abate the overcrowding. The justices must thereupon make such order as they may think fit, and the person permitting the overcrowding forfeits a sum not exceeding 408. (18 & 19

Vict. c. 121. s. 29.)

See also Common Lodging Houses, p. 42; and Removal of Nuisances, p. 50.

COMMON LODGING HOUSES.

Registration.

The sanitary authority, by notice left at the house, must require the keeper of every common lodging house within their district to register the house. The notice may be in the form No. 5, Appendix, p. 109. (14 & 15 Vict c. 28. s. 6.)

The sanitary authority must keep a register for the entry of the names and residences of the keepers of all common lodging houses within the district, the situation of the houses and the number of lodgers authorised to be received in them. (14 & 15 Vict. c. 28. s. 7.)

No person may keep a common lodging house or receive a lodger in the house until it has been inspected and approved for that purpose by some officer appointed by the sanitary authority, and has been duly registered, and unless the name of the person as the keeper of the house be entered in the register. When, however, the person registered dies, his widow, or any member of his family, may without being registered as the keeper, keep the house as a common lodging house for not more than 4 weeks after his death. (14 & 15 Vict. c. 28. s. 8.; 16 & 17 Vict. c. 41. s. 3.)

The sanitary authority may refuse to register as the keeper a person who does not produce to them a certificate of character in such form as they direct, signed by 3 inhabitant householders respectively rated to the poor rate of the parish, within which the house is situated for property of the rateable value of 67. or upwards. (16 & 17 Vict. c. 41. s. 4.)

A copy of the entry in the register certified as a true copy by the person having the charge of the register is received on all occasions as evidence, and as sufficient proof of the matters registered, without production of the register or of any document on which the entry is founded. Every person applying at a reasonable time must be furnished gratis by the person having charge of the registers with a certified copy of the entry. (16 & 17 Vict. c. 41. s. 5.)

Reports as to Vagrants.

The person having the care or management of a common lodging house in which beggars or vagrants are received to lodge, if ordered by the sanitary authority, must report to them, or to the person whom they direct, in schedules furnished by the sanitary authority, and when filled up transmitted to them, every person who resorted to the house during the preceding day or night. (16 & 17 Vict. c. 41. s. 8.)

Sanitary Authority may make Regulations.

The sanitary authority may make regulations for fixing the number of lodgers who may be received into each common lodging house, for promoting cleanliness and ventilation therein, and with respect to the inspection thereof, and the conditions and restrictions under which inspection may be made, and also for the well ordering of the houses, and the separation of the sexes in them.

The regulations will not be in force until they have been confirmed by a Secretary of State. (14 & 15 Vict. c. 28. s. 9.; 11 & 12 Vict. c. 63. s. 66.)

Penalties for Offences against Regulations.

The sanitary authority may by their regulations impose upon offenders against the same the reasonable penalties they think fit, not exceeding the sum of 5l. for each offence, and in the case of a continuing offence a further penalty not exceeding the sum of 40s. for each day after written notice of the offence from the sanitary authority.

Regulations imposing a penalty must be so framed as to allow of the recovery of less than the full amount of it.

A penalty imposed by or under any such regulations may, upon proof on oath of the offence in respect of which the penalty is alleged to have been incurred, be recovered before two justices, together with such costs of the proceedings as they think proper.

If the sums adjudged are not paid by the party against whom the adjudication is made, they may be levied by distress and sale of his goods, by warrant under the hands and seals of the justices making the adjudication. These justices or either of them may order an offender thus convicted to be kept in custody until return can be conveniently made to the warrant, unless he gives sufficient security, by way of recognizance or otherwise, for his appearance on the day appointed by the return, which must not be more than 8 days from the time of taking the security. If before issuing their warrant, or upon the return, it appears to the satisfaction of the justices that no sufficient distress can be had within their jurisdiction, they may, by warrant under their hands and seals, cause the offender to be committed to gaol, without bail, for any term not exceeding 3 months, unless the penalty and costs are sooner paid. (11 & 12 Vict. c. 63. s. 129.; 14 & 15 Vict. c. 28. s. 10.)

Proof of Regulations.

A copy of the regulations purporting to be signed by the Secretary of State, and also to be signed by the sanitary authority (or to be sealed with their seal, if they have one) is receivable in evidence of such regulations, and of their being duly made and confirmed. (14 & 15 Vict. c. 28. s. 10.)

Inspection.

Every person having the care or management of a common lodging house at all times when required by any officer of the sanitary authority, must give him free access to the house or any part of it.

The restrictions of the Public Health Act, 1848,* as to hours of entry does not apply to the Common Lodging Houses Acts. (14 & 15 Vict. c. 28. ss. 12 & 16.)

Cleansing.

The keeper of a common lodging house must thoroughly cleanse all the rooms, passages, stairs, floors, windows, doors, walls, ceilings, privies, cesspools, and drains as often as required by any regulation or byelaw of the sanitary authority and to their satisfaction. He must also limewash the walls and ceilings sufficiently and to the satisfaction of the sanitary authority in the first week of April and October in every year. (14 & 15 Vict. c. 28. s. 13.)

See also Scavenging and Cleansing, p. 37; and Infectious Diseases and Hospitals, p. 63.

Sick Lodgers.

When a person in the house is ill of fever or any infectious or contagious disease, the keeper must give immediate notice to the sanitary authority or some officer of that authority, and also to the poor law medical officer and the relieving officer of the union or parish in which the house stands. (14 & 15 Vict. c. 28. s. 11.)

The sanitary authority may cause the sick person to be removed to an hospital or infirmary with the consent of the authorities, and on the certificate of the district medical officer that the disease is infectious or contagious, and that the patient may be safely removed. The sanitary authority may also cause any clothes or bedding used by the sick person to be disinfected or destroyed, and may award to the owners of the clothes and bedding reasonable compensation to be paid by the proper officer of the parish or union in which the house is situate out of the poor rate, the amount of compensation being first certified in writing upon a list of the articles. (16 & 17 Vict. c. 41. s. 7.) See Infectious Diseases and Hospitals, p. 64.

Water Supply.

Where it appears to them that a common lodging house can be furnished at a reasonable rate with a proper supply of water for the use of the lodgers, the sanitary authority may by notice in writing require the owner or keeper within a time specified

* See 11 & 12 Vict. c. 63. s. 66.

therein, to obtain a proper supply, and to do all necessary works On default and until compliance, the sanitary authority may remove the house from the register. (16 & 17 Vict. c. 41. s. 6.)

See also Water Supply, p. 15.

Offences.

If any person having the care or management of a common lodging house offends against any of the provisions of the Common Lodging Houses Acts, or any byelaw or regulation;

If the keeper fails to give the requisite notice where a person in the house is confined to his bed for 48 hours by fever, or any infectious or contagious disease;

The offender is for each offence liable to a penalty not exceeding 5l., and for every day of its continuance to a further penalty not exceeding 40s.

On conviction and in default of payment of the penalty imposed the offender may be imprisoned for any term not exceeding 3 months.

No person is exempt from any liability to which he may be subject irrespectively of the Common Lodging Houses Acts. (14 & 15 Vict. c. 28. s. 14.; 16 & 17 Vict. c. 41. s. 11.)

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*

The provisions of the Railway Clauses Consolidation Act, 1845, with respect to the recovery of damages not specially provided for, and of penalties, and to the determination of any "other matter referred to justices," are for the purposes of the Common Lodging Houses Acts incorporated therein, (14&15 Vict. c. 28. s. 15.; 16 & 17 Vict. c. 41. s. 2.)

Where a person acting in the care or management of a common lodging house, is convicted of a third offence, the justices may adjudge that he shall not within a period not exceeding 5 years after the conviction, act in the care or management of a common lodging house without the previous license in writing of the sanitary authority, which license they may withhold or grant on such conditions as they think fit. (16 & 17 Vict. c. 41. s. 12.)

In proceeding under 14 & 15 Vict. c. 28. the burden of proving that the inmates of any house or part of a house are members of the same family lies upon the inmates making that allegation. (29 & 30 Vict. c. 90. s. 41.)

The sanitary authority and justices, constables, and others have full jurisdiction, power, and indemnity for executing the Common Lodging Houses Acts. (14 & 15 Vict. c. 28. s. 16.; 16 & 17 Vict. c. 41. s. 2.)

* See 8 & 9 Vict. c. 20. ss. 140-160.

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