Lodging houses Act 1877 (SA)

ANNO QUADRAGESIMO ET QUADRAGESIMO PRIM0

VICTORIZ REGINB.

No. 70.

An Act to provide for Zicensing LcrdginpWouses.

[Assented to, 21st December, 1877.1

dREAf3 it is expedient to provide for the licensing of Preamble.

W"" the Provincc of South Australia, by and with the ad~~ice and consent lodging-houses--& it therefore Enactcd by the Governor of of the Legislative Council and House of Assembly of thc said Province in this present Parliament assembled, as follows:

1. The following words in this Act shall, for the purposes and Interpretation of

execution of this Act, have the following mcanirlgs-that is to say:

Government Gazette. 3. This

The words conzmon lodging-house" shall mean any house, tent, or edificc, not being a licenscd public-house, in which any number of persons, besides the occupying. tenant thereof, his or her family, ard domestics, ordinarily sleep, paying hirc or reward for being allowed to do so:

The words '' local authority" shall mean with respect to any place, the body, or person or persons by this Act authorized to execute with respcct to that place the several provisions of this Act,

of Port Adclaide now existing or hereafter to bc constituted, and of this part. 2. This i4ct shall apply within and throughout the Corporation Extent of operation

all parts within the jurisdiction of the Corporation of Port Adelaide aforesaid respectively, and within and throughout all other towns, districts, and places to which the Governor in Council may think fit to extend it upon notice of such estension being published in the

40° & 41" VICTORIB, KO. 70.

The Lodgi?zg-house Act.-1 877.

Authorities to execute	3. This Act shall bc executcd as follows, to wit :-Within	and
the provisions of this

part.	for all or any parts within the jurisdiction of thc Corporation of Port Adelaide respectively, by the Corporation of thc said town. Within and for all or any part of any other town, district, or place not being within the j;risdietions before mentioned or the limits of any such Council, by such Corporation or such person or persons as
the Governor in Council may nominate and appoint for that purpose.

Expenses incurred- 4. Thc expenses of and incidental to this Act shall be borne and

how to be borne.

paid as follows, to wit:-With respcct to thc Corporation of Port Adelaide, as part of the general expenses chargeable on thc Cor- poration rates; with respect to any town, district, cr glace to which this Act may be applied by the Governor in Council, as part of the general expenses of the police of such town, district, or place, and as such charged upon and payable out of the moneys from time to time applicablc for those expenses.

By whom and when

notice of registration 5. Within two months after the establishnent or appointmcnt of

is to be given.

any local authority not alrcady esisting as hereinbefore provided, and from time to time thereafter, as occasim may mise, the occupy- ing tenant or keeper of any common lodging-lluuse already or here- after existing within the jurisdiction of such local authority slmll rcgister such house by delivering at the proper office of such local authority notice in the form in thc First Schedule to this Act annexed; and such notice (subject to the provisions of this Act) shall be registered by such local a-dhority on payment in aid of the town funds of a fee not exceeding Two Pounds, when the same shall be registered by the local autLority of Port Adelaide, and in all other cases upon paynient of z fee of Ten Shillings: Provided that any local authority may refuse to rcgister any common lodging- house, if, upon inspection or satisfactory cvidence, it shall appear to such local authority, eithcr from the unhealthiizess of the position, the insufficiency of the premises, the improper character of the applicant, or from other sufficicrrt cause that such registration should

not be granted; and u2on due notice, and unl~ss sufficient cause to the contrary be shown, may suspend or cancel, and such registra-

tion for any breach of the rc@ations in forcc ;iffrctiug common lodgiilg-houses, or other sufficient cause: Provided also that all such registrations made or rcnewed after the coming into operation of this Act shall be annual, and shall date from such time of each year as the local authority shall appoint; nnd all registrations in fbrce at the time of the coming into operation of this Act shall (if

not lawfully suspended or cancelled) remain in force until the time

appointed or which shall be appointed by the local authority for the

expiry of the same.

Certificate of

character to he 6. Every lodging-house keeper shall, with such form for registra-

returned with the

tion, send iu a certificate of character in the form in the Second

form when filled UP.

Schedule to this Act, signed by six respectable ratepayers of the '

city, town, borough, district, or place in vhich such lodging-house

shall be situate; and thc local authority may refnse to register my

lodging-house, the keeper of which shall fail to produce such

certificate.

7. In

40" & 41" VICTOEIB, No. 70. 3

7. In case any person shall object to his house being considered ~ ' $ ~ ~ ~ ~ q ~, " r, " ~ ~

n common lodging-house under &is Act, he may apply to the local authority, and it shall be competent for such local authority to consider ~vliether such house is a common lodging-house, and whether the provisions of this Act should be applied to it.

8. The local authority shall lrccp a register, in which shall be A register to bc kept.

entered the names and rcsidcnccs of the kccpers of all conimoii lodging-houses within thc jurisdiction of the local authority as to which such local authority shall deem fit to hnvc this Act applied, and the situation of cwry such house and the number of lodgers authorized according to this Act to be received therein; and such register skull be cornpilzd from the forms to bc dclivcred as afore- said, or such other information us such local authority shall think fit to use.

9. Thc local authority may from time to tiinc malrc rcgulrttions Regullations to be mad. respecting

respecting common lodging-houses within its jurisdiction for fixing lodg&housee acccss thereto when required by any person who slid1 produce tlic written instructiom of t h ~ said local ;mthority, or his or thcir officer thereunto nu2horized by writing or unclcr seal, ns thc caw may he,

the number of lodgers who may be received in such I~ouscs, for pro-

moting cleanliness and ventil&on thcwin, and with rcspcct to the

inspection thereof and tlic conditions and restrictions under which

such inspection may bv niadc, for thc well ordering of such Eiouscls,

for the separation of the scxes therein, and for prc:vc~iting f'acilitius

for the concezllmcnt and cscapc of criminals thcrc>in or thrrcfrom.

they

for thc purpose of introducing ur using ther&l any disinft:ctinqr Meanshy a may be disinfected.

process; and the cxl~cnscs irirlmcd by tho raid i ocd authority in so introducing or using m y disinfrcting process may be recovered from the keccper of the lodging-house in which the same shall llavc bocn used or introduced by the. local authority, or his. or their officer appointed as afol-csnid, in a slnmnary nianwr, bcfore any two

Justices: Provided that fhc) regulations imclc rmiter this Act Iny the	local authority sliall not be ill force until they shall have been con-
firmed by th; Governor in Council.
10. The local anthority shall Iravc thc power of imposing by any such regulations prnalties on offenders against the same, not exceed- for breach

r~ulat iOns.

ing thc: sum of Five Pounds for ~ a c h offence; and in case of a

continuiri~ offence, a furtlier pclnalty of a sum not exceeding Forty

Shillings for each day during which such offence shall b~ coritinued b

after written notice from such local authority, or his or their officer appointed as aforesaid, of the offence having been committed: Pro- vided that all mcl-1 regulations imposing any penalty shall be so framed as to allow of the recovery of any s t~m less than the full amount of the penalty; and all such pendties may be recovered in a summary way by the local authority, or his or their officer, before any two Justices; and a copy of tllc regulations, purporting to be signed by the Governor, and also signed by or sealed with the seal of the local authority, shall he receivable as evidence of such regula- tions, and of the duly making and confirming thereof.

11. A

4 ' 40' & 41" VICTORTB, No. 70. ,

The Lodging-house Act.-1877.

COnten t@ofreg is t - -

how to be proved.	11. A copy of an entry made in any register kept under this Act, certified by the person having the charge thereof to be a true copy, shall be received in all Courts, and before all Justices, and on all occanions whatsoever as evidence, and be sufficient proof of all things thcrein registered according to the provisions of this Act aforesaid, without the production of the rcgister or of any document, Act, or thing on which the entry is founded; and every person applying at a reasonable time, shall be furnished gratis by the person having such charge with a certificate copy of any such entry.
~odging-house
keepers to report	12. Upon any death occurring in any common lodging-house, the shall have taken place or become known, give notice of every such death and the cause thereof and tbe circumstances attcndmt thercon to the nearest Coroner; and if therc shall he no C'oroncr residing within five miles of such lodging-house, thcn to the local authority within the jurisdiction whereof such house may be situated.
deatbto Coroner	keeper or manager thereof shall, within twelve hours after the same
when they occur in
the lodging-house.
diseases to be given
rotice of infectious	13. The keeper of a common lodging-house shall, when any person therein is ill of fever or any infectious or zontagious disease, give immediate notice thereof to the local authority, or some officer of the local authority.
by keeper.
I'rovisions for pre-
venting the spread of	14. When any person in a common lodging-housc 5s ill of fever or any infectious or contagious disczlsc, thc Zocd authority may, on the certificate of a medical officer that the cliseasc is infectious or contagious, and that the patient mdy he safely removed, cause such person to be removed to an hospitctl or infirmary with the consent of the authorities thereof, and may (so far as wch local authority may think requisite for preventing the spread of disease) cause any clothes or bedding used by such person, to be disinfected or destroyed, and may in their cliscr~tion award to the owners of the clothes and bedding so disinfected or destroyed, reasonable compensation for the injury or destruction tl~crcof; the amount of such compensation being first certified in writing upon a list of such articles by such
disease.
local authority or his or their officer to be paid out of the rates and
moneys aforesaid respectively.

A C C P ~ at a11 times to 15. The keeper of a common lodging-house, and every other per-

110 given to officer.:	son having or acting in the care or management thereof shall a1 all times, whcn rcquired by any local authority or his or their officer appointed as aforesaid, or by any Justice, or superintendent or inspector of police, or police officer having charge of a police station or police district, give him free access to such house or any part thereof.
Keeper to use aana-	16. The keeper of a common lodging-house shall thoroughly cleanse all the rooms, passages, stairs, floors, windows, doors, walls, ceilings, privies, cesspools, and drains thereof, to the satisfaction of and so often as shall be required by or in accordance with any regu- lation of the local authority; and shall limewash the walls and ceilings thereof, or so much of them as shall be required by such authority in the first week of each of the months of April and Octo-
. tary precautions.
ber in every pa r.

17. The

40" & 41" VICTORII@, No. 70. 5

The Lodginy-house Act.-1877.

17. The keeper of a common lodging-housc shall from timc to ~ ~ ~ ~ r e t u r n 8 0 f

timc, if required by any order of the local authority served on such keeper, report to the local authority, or to such person as the local authority shall direct, the name of every person who resorted to such house during the preceding day or night; and for that purpose schedules wdl be furnished by the local authority to the person so ordered to report, which schedules he shall fill up with the informa- tion required, and transmit to the local authority.

18. If the keeper of any common lodging-house or any other per- Pendtiea-

son having or acting in the care and management thereof, shall omit to cause his house to be registered as aforesaid, or shall offend against any of the provisions of this Act, or any of the regulations made in pursuance of this Act, or if any person shall have died in any common lodging-house, or if any person in any common lodging-house shall have been confined to his bed forty-eight hours by fever or any in- fcctious or contigious disease without the keep& of such ILOUSC

having given notice thereof respectively as required by this Act, every pe'rs~n so offending shall for every such offence be liable to a penalty not exceeding Five Pounds, and to a further penalty not exceeding Forty Shillings for every day during which the offence continues: Provided that this Act shall not exempt any person from any pcnalty or liability to which he might bc subject irrespec tivc of this Act.

19. Where the keeper of any common lodging-house, or any per- Keeper may be sus.

pcnded. think fit, adjudge that he shall not at any time within a period not exceeding five years after such conviction, as the Justices think fit, keep, or have, or act in the care or management of a common lodging- house without the previous licence in writing of the local authority, which licence the local authority may withhold or may grant on such

son having or acting in the care or management thereof is convicted

of a third offence against any of the provisions of this Act, the

terms and conditions as it shall think fit,

respectively have full jurisdiction, powers, and indcmnities for exe- Act. 20. The local authoritics, all Justices constables, and others shall Execution of the

cuting the several provisions of this Act.

21. A11 proceedings under this Act shall be had and taken, and ~owpenaltiee to be

all fines, penalties, and forfeitures shall be recovered in a summary recOYePed.

way; and 110 conviction under this Act shall be quashed or removed by writ of c e ~ t i w a ~ i or otherwise into the Supreme Court for want of form.

22. All pecuniary fines, fees, and penalties, payable under this Application offin-

Act shall be paid, in case the same are payable or incurred in any and city or corporate town, into the funds of such city or corporate town;

and in case the same are payable or incurred inany other place, shdl

be paid into the General Revenue of the said Province.

23. There shall be an appeal from any order or conviction by Appeal t o m

Justices

40' & 41' VICTORIB, No. 70.

The Lodging-house Act.-1 $77.

Justices of the Peace under the provisions of this Act, or of any regulation made in pursuance hercof, which appeal shall be to the Local Cout of Adelaide of Full Jurisdiction only; and the pro- ceedings on such appeal shall be conducted in manner appointed by

the Ordinance, No. 6 of 1850, for appeals to Local Courts.

Short title. 24. This Act may be cited for all purposes as "The Lodging- house Act."

In the name and on behalf of Her Majesty, I hereby assent to

this Bill.

WM. F. DRUMMOND JERVOIS, Governor.

40" & 41' VICTORIX, No. 70. 7

The Lodyinphouse Act.-1 877.

FIRST SCHEDULE.

F o m of Register of Common Lodging-House.

Of what material house

An accurate description bnilt, how many rooms The number of

Name of Proprietor, of locality of Common used as sleeping apert- Lodgers intended to

Keeper, and Manager.	Lodging-House.	ments, and whst other
accommodation in the

bo nccommodrrted.

house.

SECOND SCHEDULE.

WC, the undersigned, being inhabitant householders within [Rere atate the city,

town, district, or place i n which the lodging-house applied to be reyistercd is si tuated],

d o certify t h a t we k n o w [ k w e state the name of the keeper or nzamger o f the common

lodging-house], and believe him t o be a fit and proper person to keep a n d have the

management of a common lodging-house.

(Signed)

_v_ -- -

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Adelaide: By authority, TV. C. Cox, Government Printer,