Report of Royal Commission upon the Administration and Operation of the Contagious Diseases Acts.
- Great Britain. Royal Commission on the Contagious Diseases Acts
- Date:
- 1871
Licence: Public Domain Mark
Credit: Report of Royal Commission upon the Administration and Operation of the Contagious Diseases Acts. Source: Wellcome Collection.
Provider: This material has been provided by London School of Hygiene & Tropical Medicine Library & Archives Service. The original may be consulted at London School of Hygiene & Tropical Medicine Library & Archives Service.
866/952 page 768
![Penalty for refusing to be ex- amined, or to coniorm to rules, or quitting hospital. Penalty for pcrDiitting prostitute having con- tagious dis- ease to re- sort to any house, &e. for prostitu- tion. Applica- tion of 11 & 12 Vict, c. 43, and 1-1 & 15 Vict, c. 93. Fonns in second schedule to he used. Tjimitation of actions, &c. As to time of this Act coming into force. Continuance of Act. and such authorities shall detain her accordingly ; provided that no woman shall be detained under any such order for a longer period than three months. 17. If any woman ordered as aforesaid to be taken to a certified hospital for medical examination refuses to submit to such examination, or if any woman ordered to be detained in a certified hospital for medical treatment refuses or wilfully neglects while in the hospital to conform to the regulations thereof, or quits the hospital without being discharged from the same as aforesaid, every such woman shall be guilty of an offence against this Act, and on summary conviction thereof before two or more justices of the peace shall be liable to imprisonment in the case of a first offence for any term not exceeding one month, and in the case of a second or any subsequent offence for any term not exceeding two months. 18. Tf any person, being the owner or occupier of any house, rooni, or place within the limits of any place to which this Act applies, or being a manager or assistant in the management thereof, knowing or having reasonable cause to believe any common prostitute to have a contagious disease, induces or suffers such common prostitute to resort to or be in such house, room, or place for the purpose of prostitution, every such ])erson shall be guilty of an offence against this Act, and on summary conviction thereof before two or more justices of the peace shall be liable to a penalty not exceeding ten pounds, or, at the discretion of the jus- tices, to be imprisoned for any term not exceeding three months, with or without hard labour. Provided that a conviction under this enactment shall not exempt the offender from any penal or other conse- quences to which he or she may be liable for keeping or being concerned in keeping a bawdy house or disorderly house, or for the nuisance thereby occasioned. 19. All proceedings under this Act before and by justices shall be had, in England according to the provisions of the Act of the session of the eleventh and twelfth years of Her Majesty (cha])ter forty-three), to facilitate the performance of the duties of justices of the peace out of sessions within England and Wales, with respect to summary convictions and orders, and in Ireland according to the provisions of the Petty Sessions (Ireland) Act, 1851, save so far as those ]n'ovisions respectively are inconsistent with any provisions of this Act, and save also that, except where the woman concerning whom an information is laid under this Act in the form given in the second schedule desires the contrary, the room or place in which a justice sits to inquire into the truth of the statements contained in any such information shall not be deemed an open court for that purpose, and, except in the case aforesaid, such justice may in his discre- tion order that no person have access to or be or remain in that room without his consent or permission. 20. The forms of orders and certificate given in the second schedule to this Act shall be used for the pur- poses of this Act, with such variation as circumstances may require. 21. For the protection of persons acting in the execution of this Act,—all actions and prosecutions against any per- son for anything done in pursuance or execution or intended execution of this Act shall be laid and tried in the county where the fact was committed, and shall be commenced within three months after the fact committed, and not otherwise ; and notice in writing of such action and of the cause thereof shall be given to the defendant one month at least before the com.mencement of the action; and in any such action the defendant may plead generally that the Act complained of was done in pursuance or execution or in- tended execution of this Act, and give this Act and the special matter in evidence at any trial to be had thereupon; and the plaintiff shall not recover in any such action if ten- der of sufficient amends is made before such action brought, or if a sufficient sum of money is paid into court after such action broughi, by or on behalf of the defendant; and if a verdict passes for the defendant, or the plaintiff becomes nonsuit, or discontinues any such action after issue joined, or if upon demurrer or otherwise judgment is given against the plaintiff', the defendant shall recover his full costs as between attorney and client, and have the like remedy for the same as any defendant has by law in other cases ; and though a verdict is given for the jjlaintiff in any such action, such plaintiff shall not have costs against the defendant unless the judge before whom the trial is had certifies his ajiprobation of the action and of the verdict. 22. This Act shall not come into force in any place men- tioned in the said first schedule until a hos])ital situate within or within fifty miles of the outward limits of such place shall have been duly certified, and notice of its having been so certified been duly given in manner provided by this Act. 2.'i. This Act shall continue in force for three years from the passing thereof, and no longer. The FIRST SCHEDULE. Karnes of Places. Woolwich Chatham Shcerncss Aldershot Colchester ShornclifFe The Curragh Cork - Qucenslown Limits of Places. Portsmouth - Plymouth J Plymouth. Devonport, Stoke, and Morice Town. Stoneliouse. Plumstead, The limits of the municipal borough of Portsmouth and of the residue of the Island of Portsea, and of the parish of Alverstoke, and of the township of Landport. The limits of the following parishes ; namely,— St. Andrew, Charles the Martyr, St. Peter, St. James the Less, Holy Trinity, Christ Church, St. John, Stoke Damcrel, St. James the Great, St. Paul, St. Wary, St. Stephen, St. C4eorge, The limits of the parishes of Woolwich, and Charlton. The limits of the following parishes; namely,— Chatham, Gillingham, St. Nicholas, Rochester, St. Blargaret, Rochester, Strood, and Frindsbury, and of the hamlet of Grange, otherwise Grench. The limits of the i)arish of Mnister, and of the township of Queenborough. Tlie limits of the following parishes; namely,— Purbright, Ash, I Compton, I Pepper Harrow, Frimley, Pntteuham, Seal, and Tongham, Elstead, Farnham, Bisley, Aldershot, ^ Y.atelcy, Crondall, I IJogmersfield, I Winchtield, | Hartley Wintiiey, }- Cove, Eversley, | Farnborough, I Binstead, | Bentley, J Sandhurst, in the comity of Berks. The limits of the following parishes; namely,— St. Botolph. St. Giles. St. Mary at the Wall. Old Trinity. St. Runwald's. St. Peter's. The limits of the following parishes; namely,— Clieriton. Hythe. Folkestone. The limits of the following parishes; namely,— KilcuUen. ICildare. Ballysax. Great Conwell. Morristown-bellcr. The limits of the borough of Cork for municipal purposes. The limits of the town of Queenstown for the purposes of town improvement. in the county of Surrey. in the countvof Hants. ■ The SECOND SCHEDULE. Form of Information. I The information of CD. of , Superinten- lo wit. J dent of Police for [or Medical Practitioner, or as the case may ie], taken this day of 18(5 , before the undersigned, one of Her Majesty's justices of the peace in and for the said [coMw/)/] of , who says he has good cause to believe that A.B. of in the [county^ of is a common prostitute, and has a contagious disease within the meaning of the Contagious Diseases Prevention Act, 18(54, and within fourteen days before <he date of this information, that is to say, on day, ihc day of , was in a ])ublic ])lace within the limits of a place to which the said Act applies, that is to say, in Street, in the parish of , for the purpose of prostitution. Taken before me the day and year first above mentioned. (Signed) L.M. Form of Notick. To A.B. of Take notice, that an information, a copy whereof is subjoined hereto, has been laid before me, and that, in accordance with the provisions of the Act therein mentioned, the truth of the statements therein contained will be inquired into before me, or some other justice, at on the day of , at o'clock.](https://iiif.wellcomecollection.org/image/b21365945_0866.jp2/full/800%2C/0/default.jpg)
