woman or
not exceeding one hundred dollars or to imprisonment with or without hard labour for any term not exceeding three months.
Penalty for (3.) Every person who without just cause, the onus of proving which shall lie upon him, communicates or attempts to communicate with any woman or girl so detained as aforesaid or induces or attempts to induce such woman or girl to break such rules or regulations or any of them, shall be liable to the punishment in the last preceding sub-section mentioned,
Recovery of sum due on promise or agreement already entered into.
Powers of Registrar General to search without warrant.
Powers of Registrar General to summon persons who he thinks capable of giving information respecting women or girls.
Service of summonses, notices, etc.
evidence of
29. In any suit which may hereafter be brought for the recovery of any sum due on any promise or agreement which before the 13th April, 1887, (being the date of the commencement of Ordinance No. 9 of 1887) has been entered into before the Registrar General with respect to the custody, maintenance or giving in marriage of any female child, it shall not be necessary for the plaintiff in such suit to allege or to prove that any consideration was given for the said promise or agreement, and it shall not be competent for the said defendant to allege in defence that the Registrar General had no authority or power to require such promise or agreement from him, or that no consideration was given for the same.
30. The Registrar General, or any officer appointed under this Ordinance and specially authorized for that purpose in writing by the Registrar General, shall have power without warrant to search any ship, boat, house, building or other place where he has reasonable cause to suspect that there is any woman or girl who is or may be liable to be dealt with under the provisions of Part II of this Ordinance, and may remove any such woman or girl to a place of refuge to be there detained until her case be inquired into.
31. (1) The Registrar General shall have power, by notice in writing under his hand, to summon before him any person whom he may have reason to believe can give any information respecting any woman or girl mentioned in Part II of this Ordinance and respecting the treatment of such woman or girl, or respecting any inmate of a brothel.
(2.) Every person who, upon service of such notice, shall not appear at the time and place therein mentioned or who shall fail to produce all documents in his custody, possession, or power relating to such woman or girl and to answer truthfully all questions which the Registrar General may put to him respecting such woman or girl or in any way relating to the matter being inquired into or, without reasonable excuse, (proof whereof shall lie upon him) neglects or refuses to produce such woman or girl when so required by the Registrar General, shall, on conviction before a Magistrate, be liable to a penalty not exceeding one hundred dollars or to imprisonment, with or without hard labour, for any term not exceeding three months.
32. All summonses, notices, and other documents required to be served under this Ordinance on behalf of the Registrar General shall be deemed validly and sufficiently served if served on or left with the person intended to be served or, if he cannot be found, if left at his last known place of abode or business by any person authorized in that behalf by the Registrar General.
Warrants,
33. Every warrant purporting to be issued in pursuance of this Ordinance or heretofore issued under any Ordinance repealed by this Ordinance and to be under the hand of the Registrar General shall be received in evidence in every Court of the Colony without further proof and shall be evidence of the facts there stated, and all acts done in pursuance of such warrant shall be deemed to have been authorized by law.
Registrar General's Office.
34. The place in which the Registrar General shall sit in discharge of his duties shall be such place as may, from time to time, be appointed for that purpose by the Governor.
PART III
GENERAL PROVISIONS.
35. (1.) The Governor may appoint such officers as may be necessary for carrying out the provisions of this Ordinance and may make rules to regulate the performance of their duties.
(2.) Unless and until other officers are appointed under this Ordinance, the officers already appointed under any Ordinance repealed by this Ordinance shall have the same powers, duties and privileges as if appointed under this Ordinance.
36. In any proceeding under this Ordinance, every notice, order, copy of regulations, or other instrument shall be presumed to have been duly signed by the person by whom and in the character in which it purports to be signed until the contrary is shown.
37. (1.) Any suit or prosecution against any person for anything done in pursuance or execution or intended execution of this Ordinance or of any Ordinance repealed by this Ordinance or of any rules or regulations made in pursuance thereof, shall be commenced within three months after the thing done and not otherwise.
(2.) Notice in writing of any suit and of the cause thereof shall be given to the intended defendant one month at least before the commencement of the suit.
(3.) In any such suit the defendant may plead generally or set up by way of special defence that the act complained of was done in pursuance or execution or intended execution of this or of such repealed Ordinance or of any such rules or regulations as aforesaid and may give this Ordinance and such rules or regulations and the special matter in evidence at any trial to be had thereupon,
(4.) The plaintiff shall not recover if tender of sufficient amends is made before suit brought or if, after suit brought, a sufficient sum of money is paid into Court by or on behalf of the defendant.
(5.) If a verdict passes or a decree is given for the defendant or if the plaintiff becomes non-suit or discontinues the suit or if on demurrer or otherwise judgment is given against the plaintiff, the defendant shall recover his full costs and shall have the like remedy for the same as any defendant has by law for costs in other cases.
(6.) Though a verdict passes or a decree is given for the plaintiff, he shall not have costs against the defendant unless the Judge before whom the trial is had certifies his approbation of the suit.
38. (1.) The Governor in Council may make rules and regulations for and in respect of all or any of the following purposes or matters :-
(a) The care, maintenance, and education of women and girls detained under Part II of this Ordinance;
(b) The manner and conditions in and under which the powers conferred by this Ordinance shall be exercised by the persons on whom such powers are conferred; and
(c) Generally in relation to any matters, whether similar or not to those hereinbefore mentioned, as to which it may be expedient to make rules for carrying into effect the objects of this Ordinance.
(2.) Such rules or regulations shall take effect at the expiration of seven days after the publication thereof in the Gazette and a copy of the Gazette containing such publication shall be conclusive evidence of the due making and tenor of such rules or regulations,
(3.) Every person who disobeys or infringes any of such rules or regulations shall be guilty of an offence against this Ordinance and upon summary conviction shall be liable to a penalty not exceeding fifty dollars or to imprisonment with or without hard labour for any term not exceeding one month or to both penalty and imprisonment.
(4.) Unless and until rules and regulations are made under this Ordinance, the rules and regulations made under any Ordinance repealed by this Ordinance shall continue to be as valid as if made and gazetted under this Ordinance, and any references in such rules and regulations to Ordinances, sections, or enactments repealed by this Ordinance shall be taken to apply to this Ordinance and the corresponding sections or enactments of this Ordinance.
39. (1.) The Ordinances mentioned in the Second Schedule to this Ordinance are hereby repealed to the extent mentioned in the third column of that Schedule.
91