CO129-203 - Acting Governor Marsh - 1882 [10] — Page 507

21. Every Keeper of an Unregistered Brothel shall be liable for the first offence to a fine not exceeding one hundred dollars or to imprisonment with or without hard labour for a term not exceeding three months, for the second offence to a fine not exceeding two hundred dollars or to imprison- ment with or without hard labour for a teria uot exceeding six months, and for a third and any subsequent offence to a fine not exceeding five hundred dollars or to imprisonment with or without Bard labour for a term not exceeding twelve months: Provided always that it shall be lawful for a Magistrate to punish such offender both by fine and im- prisonment if he shall think fit.

22. It shall be lawful for the Registrar General when- ever be shall have reason to suspect that a house or a por- tion of a house is used as an Unregistered Brothel to institute an investigation with reference thereto and for such purpose to summon in writing before him the householder or his agent and any tenant or occupier of any portion of such house and all other persona capable of giving evidence in such matter and to examine them upon oath touching the subject of such investigation, and any person who shall neglect or refuse to appear before the Registrar General at the time and place specified in such summons to answer all questions which may be put to him in the course of such examination shall be liable to a fine not exceeding five hundred dollars or to be imprisoned with or without hard labour for any term not exceeding six months, and in the event of his giving false testimony in the course of such examination he shall be liable to be tried and punished for perjury and for that purpose every such investigation shall be deemed a judicial proceeding.

23. The Registrar General shall give notice of such in- vestigation by advertisement in the Gazette and also to the parties interested in the land whereon such house shall be situate so far as they can bo ascertained by reference to the Records of the Land Office, but the want of such notice shall not invalidate any proceedings.

24. The Registrar Genoral shall take notes of the evi- dence given during such investigation and if he shall be of opinion that such house or part of a house as aforesaid is an Unregistered Brothel he shall declare the same to be such under his hand and a Notification of such declaration shail be inserted in the Gazette as soon as practicable after the making thereof, A copy of the Gazette containing such Notification shall be conclusive evidence of such declaration, and of the fact that such house or part of a house is an Unregistered Brothel, subject nevertheless to appeal as hereinafter provided.

25. Any person aggrieved or affected by any such de- claration may within ten days from the date of the Notifica- tion thereof in the Gazette, or at any time by leave of a Judge of the Supreme Court appeal from the decision of the Registrar General to the Supreme Court in its appellate jurisdiction and the Registrar General shall upon notice of such appeal forthwith transmit to the said Court the notes of the evidence taken by him during such investigation and upon which such declaration shall have been made, und the said Court may confirm the said declaration or may or der in writing the same w be cancelled or order a fresh in vestigation.

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b 26. Whenever any house or part of a house shall have Ueen twice declared by the Registrar General to be an unurogistered Brothel it shall be lawful for him by Warrant pader his hand to remove all the Inmates of such house or anrt of a house as the case may be and to close up the same, unld such house or part of a house shall not be re-inhabited wiless the Registrar General shall be satisfied that the same an be occupied in a proper and legal manner and not as wis Unregistered Brothel, or unless the Governor shall other- inhe direct and permit; and every person knowingly re- afoabiting any house or part of a house so closed up as Beresaid without the permission of the Governor or of the twgistrar General shall be liable to a fine not exceeding ha hundred dollars or to imprisonment with or without

rd labour for any term not exceeding six months.

27. Nothing herein contained shall as regards Un- registered Brothels affect any other remedies applicable by the laws in force in the Colony for the time being for the suppression thereof.

Penalty for

kompre Utgistered Brothel.

Investigation

by Registrar General as to suspected Brothel.

Notice of sunb investigation.

Registrar

506

See Seer 44 of A

Declaration by

General that

a house or

part of

B

house is an Unregistered Brothel.

Appeal from such declare- tion to Su- pretne Court.

Premises

twice declared

to be used AS

* Unrogta-

terod Brothel

may be closed

up.

Saving of

remedics

Slid

I be d

Slid

19