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their respective jurisdictions, may, upon the application of the com- 3 & 4 Vict. mittee or board of directors of any canal or navigable river, or of c. 50. their clerk or agent, appoint so many persons as they shall think fit from among those who shall be recommended to them for that purpose by such directors, clerk or agent, to act as constables on and along such canal or river (s. 1); and may dismiss any person so appointed. [Forms of Oath and Certificate thereof (which may be altered to a declaration, 31 & 32 Vict. c. 72, s. 12, sub-s. 4), Oke's "Formulist," 6th edit. p. 743.]
CONTAGIOUS DISEASES AT NAVAL AND MILITARY
The Contagious Diseases Acts, 1866 and 1869, apply to Aldershot 29 Vict. c. 35; and other places stated in Note 99, Vol. I. p. 368, the last act 32 & 33 Vict. repealing and amending the 29 Vict. c. 35, in various particulars. The following are the principal provisions now in force :Expenses of Execution of Acts.] 29 Vict. c. 35, s. 5. Appointment of Visiting Surgeons and Assistants.] Id. s. 6. Inspection of Hospitals.] Id. s. 7.
Certified Hospitals.] Id. ss. 8-14.
Notice by Justice to Woman being a Common Prostitute.] The 32 & 33 Vict. c. 96, s. 4, repeals sect. 15 of 29 Vict. c. 35, and enacts, "Where an information on oath is laid before a justice 29 by a superintendent of police, charging to the effect that the informant has good cause to believe that a woman therein named is a common prostitute, and either is resident within the limits of any place to which this act applies, or, being resident within ten miles of those limits, or having no settled place of abode, has, within fourteen days before the laying of the information, either been within those limits for the purpose of prostitution, or been outside of those limits for the purposes of prostitution in the company of men resident within those limits, the justice may, if he thinks fit, issue a notice thereof addressed to such woman, which notice the superintendent of police shall cause to be served on her: provided that nothing in the Contagious Diseases Acts, 1866 to 1869, shall extend, in the case of Woolwich, to any woman who is not resident within the limits specified in the first schedule to this act."
Power to Justice to order Periodical Medical Examination.] By 29 Vict. c. 35, s. 16, "in either of the following cases, namely:(1.) If the woman on whom such a notice is served appears herself, or by some person on her behalf, at the time and place
29 By 29 Vict. c 35, s. 2 (inter alia), the term "justice" means a justice of the peace having jurisdiction in the county, borough or place where the matter requiring the cognizance of a justice arises, or in any part of any place to which the acts apply.
29 Vict. c. 35; 32 & 33 Vict.
appointed in the notice, or at some other time and place
appointed by adjournment:
(2.) If she does not so appear, and it is shown (on oath) to the justice present that the notice was served on her a reasonable time before the time appointed for her appearance, or that reasonable notice of such adjournment was given to
her (as the case may be):
the justice present, 30 on oath being made before him substantiating the matter of the information to his satisfaction, may, if he thinks fit, order such woman to be subject to a periodical examination by the visiting surgeon for any period not exceeding one year, for the purpose of ascertaining at the time of each such examination whether she is affected with a contagious disease; 31-and thereupon she shall be subject to such a periodical medical examination, and the order shall be a sufficient warrant for the visiting surgeon to conduct such examination accordingly. The order shall specify the time and place at which the woman shall attend for the first examination. The superintendent of police shall cause a copy of the order to be served on the woman." By 32 & 33 Vict. c. 96, s. 5, "any order for subjecting a woman to periodical medical examination shall be in operation and enforceable as long as and whenever such woman is resident within ten miles of the limits of the place where the order was made, instead of within five miles, as prescribed by sect. 32 of the 29 Vict. c. 35."
Voluntary Submission by Woman.] Sect. 17. "Any woman in any place to which this act applies, may voluntarily, by a submission in writing signed by her in the presence of and attested by the superintendent of police, subject herself to a periodical medical examination. under this act for any period not exceeding one year." By 32 & 33 Vict. c. 96, s. 6, "where any woman in pursuance of the principal act, voluntarily subjects herself by submission in writing to a periodical medical examination under that act, such submission shall, for all the purposes of the Contagious Diseases Acts, 1866 to 1869, have the same effect as an order of a justice subjecting the woman to examination;-and all the provisions of the 29 Vict. c. 35, respecting the attendance of the woman for examination, and
30 By 29 Vict. c. 35, s. 37, the procedure is to be under the 11 & 19 Vict. c. 43, "as far as those provisions respectively are not inconsistent with any provision of this act, and save that the room or place in which a justice sits to inquire into the truth.of the statements contained in any information or application under this act against or by a woman shall not unless the woman so desires, be deemed an open court for that purpose:and, unless the woman otherwise desires, the 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.
31 By 29 Vict. c. 35, s. 2 (inter alia), the term "contagious disease" means venereal disease, including gonorrhoea.
her absenting herself to avoid examination, and her refusing or 29 Vict. c. 35; wilfully neglecting to submit herself for examination, and the 32 & 33 Vict. force of the order subjecting her to examination after imprisonment for such absence, refusal, or neglect, shall apply and be construed accordingly." [See Offence 1, under s. 28, Vol. I. p. 368.]
Temporary Detention of Women by Surgeon.] By 32 & 33 Vict. c. 96, s. 3, "Any woman who, on attending for examination or being examined by the visiting surgeon, is found by him to be in such a condition that he cannot properly examine her, shall if such surgeon has reasonable grounds for believing that she is affected with a contagious disease, be liable to be detained in a certified hospital, subject and according to the provisions of the Contagious Diseases Acts, 1866 to 1869, until the visiting surgeon can properly examine her, so that she be not so detained for a period exceeding five days. The visiting surgeon shall sign a certificate to the effect that she was in such a condition that he could not properly examine her, and that he has reasonable grounds to believe that she is affected with a contagious disease, and shall name therein the certified hospital in which she is to be placed;and such certificate shall be signed and otherwise dealt with in the same manner, and have the same effect, except as regards duration, as a certificate under the principal act. If the reason that the visiting surgeon cannot examine the woman is that she is drunk, she may be detained upon an order of the visiting surgeon for a period not exceeding twenty-four hours in any place named in the order where persons accused of being drunk and disorderly or of offences punishable summarily are usually detained,—and the gaoler or the keeper of such place shall upon the receipt of such order receive and detain the woman accordingly."
Detention in Hospital.] Various provisions are contained in the 29 Vict. c. 35, viz.:-sect. 18, power of admiralty or secretary of state for war to make regulations as to examinations;-sect. 19, visiting surgeon to prescribe times, &c.;-sect. 20, certificate of visiting surgeon for detention in hospital, where she is to be detained until discharged by the chief medical officer (s. 22); and the inspector of certified hospitals may transfer her to another such hospital (s. 23). By sect. 21, "Any woman to whom any such certificate of the visiting surgeon relates may, if she thinks fit, proceed to the certified hospital named in that certificate, and place herself there for medical treatment, but if after the certificate is delivered to her she neglects or refuses to do so, the superintendent of police, or a constable acting under his orders, shall apprehend her, and convey her with all practicable speed to that hospital, and place her there for medical treatment,-and the certificate of the visiting surgeon shall be a sufficient authority to him for so doing." Duration of Detention.] By sect. 24, "Provided always, that any
woman shall not be detained under any one certificate for a longer time than three months, unless the chief medical officer of the hospital in which she is detained, and the inspector of certified hospitals, or the visiting surgeon for the place whence she came or was brought, conjointly certify that her further detention for medical treatment is requisite (which certificate shall be in duplicate, and one of the originals thereof shall be delivered to the woman); and in that case she may be further detained in the hospital in which she is at the expiration of the said period of three months by the chief medical officer until discharged by him by writing under his hand;-but so that any woman be not detained under any one certificate for a longer time in the whole than six months." By 32 & 33 Vict. c. 96, s. 7, "A woman may be detained for a further period not exceeding three months, in addition to the six months allowed under section twenty-four of the 29 Vict. c. 35, if such certificate as is required by that section (to the effect that her further detention for medical treatment is requisite) is given at the expiration of such six months;-so, nevertheless, that any woman be not detained under one certificate for a longer time in the whole than nine months."
Woman may apply to a Justice for her Discharge.] By 29 Vict. c. 35, s. 25, "If any woman detained in any hospital considers herself entitled to be discharged therefrom, and the chief medical officer of the hospital refuses to discharge her, such woman shall on her request be conveyed before a justice, who, if he is satisfied upon reasonable evidence that she is free from a contagious disease, shall discharge her from such hospital,-and such order of discharge shall have the same effect as the discharge of the chief medical officer." By sect. 27, the woman, if she so desires, is to be sent to her residence, without expense to herself, on her discharge. Effect of Order of Imprisonment for Absence, quitting Hospital, &c.] See 29 Vict. c. 35, ss. 29, 30. By 32 & 33 Vict. c. 96, s. 8, "Where an order is made discharging a woman from any hospital, or where a certificate is given, under section thirty of the 29 Vict, c. 35, that a woman is free from a contagious disease, such order and certifi cate shall be delivered to the superintendent of police, and retained by him."
Relief from Examination on Application to a Justice.] By 29 Vict c. 35, s. 33, "If any woman subjected to a periodical medical exami nation under this act (either on her own submission or under the order of a justice), desiring to be relieved therefrom, and not being under detention in a certified hospital, makes application in writing in that behalf to a justice, the justice shall appoint by notice in writ ing a time and place for the hearing of the application, and shall cause the notice to be delivered to the applicant, and a copy of the applica tion and of the notice to be delivered to the superintendent of police."
By sect. 34, "If on the hearing of the application it is shown, to the satisfaction of a justice, that the applicant has ceased to be a common prostitute, or if the applicant, with the approval of the justice, enters into a recognizance, with or without sureties, as to the justice seems meet, for her good behaviour during three months thereafter the justice shall order that she be relieved from periodical medical examination. "By sect. 35, "Every such recognizance shall be deemed to be forfeited if at any time during the term for which it is entered into the woman to whom it relates is (within the limits of any place to which this act applies) in any public thoroughfare, street, or place for the purpose of prostitution, or otherwise (within those limits) conducts herself as a common prostitute."
Relief from Examination on Application to a visiting Surgeon.] By 32 & 33 Vict. c. 96, s. 9, "Any women subjected, either on her own submission or under the order of a justice, to a periodical medical examination under the 29 Vict. c. 35, who desires to be relieved therefrom, and is not under detention in a certified hospital, may make application in writing in that behalf to the visiting surgeon. The visiting surgeon shall cause a copy of such application to be delivered to the superintendent of police, and if, after a report from such superintendent, he is satisfied by such report or other evidence that the applicant has ceased to be a common prostitute, may, by order under his hand, direct that she be relieved, and she shall thereupon be relieved, from periodical medical examination. Such order shall be in triplicate; one copy shall be delivered to the woman, and two copies shall be delivered to the superintendent of police, who shall communicate one copy to the justice (if any) who made the order subjecting the woman to a periodical medical examination, or to his successor in office. The provisions of this section shall be in addition to and not in substitution for the provisions of the 29 Vict. c. 35, for relieving a woman from examination."
Mode of Service of Notices, Orders, &c.] By 29 Vict. c. 35, s. 41, "Every notice, order, or other instrument by this act required to bo served on a woman shall be served by delivery thereof to some person for her at her usual place of abode, or by delivery thereof to her personally."
Forms.] The 32 & 33 Vict. c. 96, gives in the second schedule (s. 11) the necessary forms of certificates, orders, and other instruments which, or these to the like effect, may be used under the acts. See 29 Vict. c. 35, s. 40, presumption as to Signatures of Justices, &c.
29 Vict. c. 35; 32 & 33 Vict.
The act 33 & 34 Vict. c. 23, passed 4th July, 1870, "to abolish 33 & 34 Vict.