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her absenting herself to avoid examination, and her refusing or 29 Vict. c. 35;
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 beliere 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, risiting 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
29 Vict. 0. 35; woman shall not be detained under any one certificate for a longer 32 & 33 Vict. time than three months, unless the chief medical officer of the c. 96.
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 ;s0, 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, dr.] 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 certificate 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 examination 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 writing 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 application and of the notice to be delivered to the superintendent of police."
By sect. 31, “If on the hearing of the application it is shown, to 29 Vict. c. 35;
32 & 33 Vict. 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 otherwiso (within those limits) conducts herself as a common prostitute.”
Relief from Examination on A1 cation 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.
CONVICTS. The act 33 & 34 Vict. c. 23, passed 4th July, 1870, “ to abolish 33 & 34 Vict. Forfeitures for Treason and Felony, and to otherwise amend the c. 23. Law relating thereto,” contains various provisions, sects. 6—20, authorizing the appointment by her majesty of some person as
33 & 34 Vict. an administrator, to whom to commit the custody and management c. 23.
of the property of certain convicts.
Appointment by Justices of Interim Curator, if no Adminstrator.] By sect. 21, “If no such administrator as aforesaid shall have been appointed an interim curator of the property of any convict may be appointed by any justices of the peace in petty sessions assembled, or, where there are no petty sessions, by any justice of the peace having jurisdiction in the place where such convict before his conviction shall have last usually resided, -upon the application of any person who shall be able to satisfy such justice that the application is made bonâ fide with a view to the benefit of the convict or of his family, or to the due and proper administration and management of his property and affairs ;-and the interim curator to be appointed may be either the person making the application or any other person willing to accept the office, and competent to discharge its duties as to such justice shall seem fit.” By sect. 22, “Before making any such appointment the justice shall require the applicant to make oath that no administrator or interim curator of the property of such convict has been to his knowledge or belief already appointed;-and the applicant shall also state upon oath, to the best of his knowledge and belief, who are the nearest relatives (including any husband or wife) of such convict, and (if any such there be) where they are residing, and whether any and which of them have consented to or have had notice of such application ;-and it shall be competent for such justice to require notice of such application to be given to all such persons and in such manner as to such justice shall seem fit."
Removal of Interim Curator for Cause shown.] Sect. 23. “Any interim curator so appointed may be removed, for any cause shown to the satisfaction of the justices or justice of the court, upon the application of any relative of the convict, or of any person interested in the due and proper administration and management of his property and affairs, either by the petty sessions or justice by whom he was appointed (or, in the event of such justice dying or being unable to act, by any other justice having the like jurisdiction) or by any court in which proceedings for an account may be instituted as hereinafter provided ;--and upon the death or removal of any such interim curator a new interim curator may be appointed in the same manner and by the like authority as aforesaid, or (in case any such proceedings shall be then depending) by the court in which any such proceedings shall be so depending as aforesaid.”
Powers of Interim Curator.] Every interim curator so appointed as aforesaid shall have power (unless and until an administrator shall be appointed under this act, in which case the authority of such interim curator shall thenceforth cease and determine) to sue in his own name as such interim curator, at law or in equity, for the possession and recovery of any part of the property in respect of 33 & 34 Vict. which he shall have been so appointed or for damages in respect of c. 23. any injury thereto, and to defend in his own name as such interim curator any action or suit brought against such convict or against himself in respect of such property, and to receive and give legal discharges for all rents, dividends, interest, and income of or arising from such property, and also to receive and give discharges for any debts due to such convict, or forming part of his property, and to pay and discharge all or any debts due from such convict out of such property, and to settle and adjust accounts with any debtor or creditor of such convict, and generally to manage and administer the property of such convict;—and also to make or cause to be made such payments and allowances for the support or maintenance of any wife or child of such convict, or of any other relative dependent on him for support, as shall be specially authorized by any such justice or court aforesaid (who shall have power from time to time to authorize the same), or by any other court having competent jurisdiction to authorize the same, out of the income of such property, or (in case such income shall be insufficient for that purpose) out of the capital thereof;- -and Every such interim curator shall be entitled to retain out of such property, or out of the income thereof, all his costs, charges, and expenses properly incurred in and about the discharge of his duties as such curator.
Personal Property may be sold by Interim Curator under special Order of Justices or Court.] Sect. 25. “ Any personal property of such convict may be sold and transferred by such interim curator by and with the authority of such justice or court as aforesaid, or of any other court having competent jurisdiction to order the same, but not otherwise ;—and such interim curator shall be accountable for the proceeds of any property so sold in the same manner as for such property while remaining unsold.”
CORN DECLARATION. To be made before a justice (5 Vict. c. 14, s. 23). [Form, Oke's " Formulist," 6th edit. p. 752.]
CORPORATIONS. Delivery of Books, &c.] By 5 & 6 Will. 4, c. 76, s. 90, the town 5 & 6 Will. 4, clerk, treasurer, or other officer appointed by the council, refusing c. 76. or wilfully neglecting to deliver accounts, make payment, &c. within three days after written notice, upon complaint thereof to any justice of the county or other jurisdiction wherein officer shall be or reside (at any time, see the case of Meyer v. Harding, Vol. I. p. 135, Note 19], justice may grant a warrant for his apprehension,