32.
33
81
}
due. Persons who have actually been in brothels will come forward in an
public inquiry, and the averment of
people who have not been in the brothel
is not legal evidence - their meaning is almost impossible to prove that
a person is going to a brothel. To meet this
difficulty, Section 17 which re-enacts the first clause of Section 4 of Act 12 of 1857, and Section 63 which, if the proviso be omitted, gives to the police Magistrates the power
as they think fit, are sitting in private if proposed; but while both the Attorney-
General and Mr. Justice Russell
are
agreed
on Clause 3.
General agreed as to Section 17, the Attorney-General objects to the omission of the proviso in Section 63, on the grounds stated in his annexed letter. Your Lordship will observe that the Attorney-General fully recognizes the difficulty of the position, and, in forming your decision upon this matter, will bear in mind that a third alternative is possible, namely the omission of Section 17
and the
enacting of Section 63 without the proviso, which course would remove the chief difficulty felt by the Attorney-General, and prevent an innovation
in