Note 202 — Chapter XXV · DEFECTS IN DWELLING-HOUSES, &C.

Any cellar in which any person passes the night shall be deemed to be occupied as a dwelling within the meaning of this Act (38 & 39 Vic. c. 55, s. 74).

[203] “In this Act (P. H. Act 1875) the term ‘earth closet’ includes any place for the reception and deodorization of fæcal matter constructed to the satisfaction of the local authority” (38 & 39 Vic. c. 55, s. 37).

[204] In case of several houses together, it has been held as not necessary to have separate accommodation for each house, if there is sufficient for them collectively. (Clutton Guardians v. Pointing, 4 Q. B. Division 340, 48 L. J. M. C. 137.)

[205] It is not always possible for a separate w.c. to be provided for each house, hence the wisdom of the law which makes it permissive for a local authority to allow a group of tenements to be provided for by several waterclosets close together.

[206] A similar provision is made requiring the keeper of a common lodging house to obtain a proper supply of water (38 & 39 Vic. c. 55, s. 81), but it does not appear to be the express duty of the town surveyor to draw attention to this, as it does in the more general clause.