parent, relative, or guardian of any woman or girl, or any other person who, in the opinion of the justice, is bona fide acting in the interest of any woman or girl, that there is reasonable cause to suspect that such woman or girl is unlawfully detained for immoral purposes by any person in any place within the jurisdiction of such justice, such justice may issue a warrant authorizing any person named therein to search for, and, when found, to take to and detain in a place of safety such woman or girl until she can be brought before a justice of the peace; and the justice of the peace before whom such woman or girl is brought may cause her to be delivered up to her parents or guardians, or otherwise dealt with as circumstances may permit and require.

The justice of the peace issuing such warrant may, by the same or any other warrant, cause any person accused of so unlawfully detaining such woman or girl to be apprehended and brought before a justice, and proceedings to be taken for punishing such person according to law.

A woman or girl shall be deemed to be unlawfully detained for immoral purposes if she is so detained for the purpose of being unlawfully and carnally known by any man, whether any particular man or generally, and-(a.) Either is under the age of sixteen years; or (b.) If of or over the age of sixteen years, and under the age of eighteen years, is so detained against her will, or against the will of her father or mother or of any other person having the lawful care or charge of her; or

(c.) If of or above the age of eighteen years is so detained against her will.

Any person authorized by warrant under this section to search for any woman or girl so detained as aforesaid may enter (if need be by force) any house, building, or other place specified in such warrant, and may remove such woman or girl therefrom.

Provided always, that every warrant issued under this section shall be addressed to and executed by some superintendent, inspector, or other officer of police, who shall be accompanied by the parent, relative, or guardian or other person making the information, if such person so desire, unless the justice shall otherwise direct.

S. 11. Outrages on decency.--Any male person who, in public or private, commits, or is a party to the commission of, or procures or attempts to procure the commission by any male person of, any act of gross indecency with another male person, shall be guilty of a misdemeanor.

S. 12. Custody of Girls under sixteen.-Where on the trial of any offence under this Act it is proved to the satisfaction of the court that the seduction or prostitution of a girl under the age of sixteen has been caused, encouraged, or favoured by her father, mother, guardian, master or mistress, it shall be in the power of the court to divest such father, mother, guardian, master, or mistress of all authority over her, and to appoint any person or persons willing to take charge of such girl to be her guardian until she has attained the age of twenty-one, or any age below this as the court may direct, and the High Court shall have the power from time to time to rescind or vary such order by the appointment of any other person or persons as such guardian, or in any other respect.

PART II.

Suppression of Brothels.

S. 13. Summary proceedings against brothel keeper, &c.-Any person who_

(1.) keeps or manages or acts or assists in the management of a brothel, or

(2.) being the tenant, lessee, or occupier of any premises, knowingly permits such premises or any part thereof to be used as a brothel or for the purposes of habitual prostitution, or

(3.) being the lessor or landlord of any premises, or the agent of such lessor or landlord, lets the same or any part thereof with the knowledge that such premises or some part thereof are or is to be used as a brothel, or is wilfully a party to the continued use of such premises or any part thereof as a brothel.

shall on summary conviction in manner provided by the Summary Jurisdiction Acts be liable to a penalty not exceeding £20 or three months' imprisonment.

PART III.

Definitions and Miscellaneous.

S. 14. In this Act, the expression "The Summary Jurisdiction Acts"-as regards Ireland means, within the Police district of Dublin Metropolis the Acts regulating the powers and duties of justices of the peace of such district, or of the police of such district, and elsewhere in Ireland the Petty Sessions (Ireland) Act, 1857 (14 & 15 Vic., c. 93), and the Acts amending the same.

S. 20. Person charged and his wife to be competent witnesses.--Every person charged with an offence under this

Criminal Law & Procedure (Ireland) Act, 1887. 83 1⁄2 *

Act or under section forty-eight and sections fifty two to fifty-five, both inclusive, of the Act of the session of the twenty-fourth and twenty-fifth years of the reign of Her present Majesty, chapter one hundred, or any of such sections, and the husband or wife of the person so charged, shall be competent but not compellable witnesses on every hearing at every stage of such charge, except an inquiry before a grand jury.

Criminal Law and Procedure (Ireland) Act, 1887.

50 and 51 Vic., c. 20.*

dians Thur

An Act to make better provision for the prevention and punishment of Crime in Ireland, and for other purposes relating thereto.

[19th July, 1887.]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

PRELIMINARY INQUIRY.

S. 1.-Inquiry by order of Attorney-General.—(1.)— Where a sworn information has been made that any offence to which this section applies has been committed in a proclaimed district, the Attorney-General for Ireland may, if he thinks fit, by order in writing under his hand, direct a resident magistrate, of whose legal knowledge and legal experience the Lord Chancellor shall be satisfied, to hold an inquiry under this Section, and thereupon such resident magistrate may, if he so think fit, although no person may be charged before him with the commission of such crime, sit at a police court, when the offence has been committed in Dublin, or at the place where the petty sessions for the petty sessional district in which the said offence has been committed are usually held, and examine on oath concerning such offence any person whom he has reason to believe to be capable of giving material evidence concerning such offence, other than any person confessing himself or herself to be the offender or the husband or wife of such person, and shall take the deposition of such witness, and if he see cause, may bind such witness by his own recognizance to appear

* The provisions of Sections 1, 2, 5, 6, 7, 8, 11, 12, and the definitions for "writ of possession" and "intimidation" in section 19 of this Act, should be carefully studied.

and give evidence at the next petty sessions, or when called upon within three months from the date of such recognizance; Provided that no sitting of any inquiry under this section shall commence except between the hours of 10 A.M. and 6 P.M.: Provided also, that a shorthand writer shall be in attendance at such inquiries, and shall take down the questions of the magistrate, and the answers of each witness, and such questions and answers, when transcribed, shall be annexed to the deposition of the witness: Provided also, that upon any person being accused of a crime respecting which an inquiry under this section has been held, such accused person on his being returned for trial, or his solicitor, shall forthwith be supplied with copies of all depositions taken at any inquiry under this section of any witness to be called against him.

(2.) The enactments contained in the Petty Sessions (Ireland) Act, 1851, section 13, relating to the compelling of the attendance of a witness before a justice and to a witness attending before a justice and required to give evidence concerning the matter of an information or complaint for an indictable offence or concerning the matter of an informa tion or complaint in respect of an offence punishable upon summary conviction, as the case may be, shall apply for the purposes of this section as if they were re-enacted herein and in terms made applicable thereto: Provided, that in case a warrant shall be issued for the arrest of any witness in the first instance, and without any summons having previously been served and disobeyed, such witness shall, on demand, be entitled to receive from the resident magistrate holding the inquiry a copy of the information or complaint on which the warrant for his arrest was issued.

(3.) Where a witness, examined at an inquiry under this section, is under the age of twelve years, the parent or guardian of such witness, or the relative or friend with whom such witness usually resides, shall be entitled to attend at such inquiry.

(4.) A resident magistrate holding an inquiry under this section, shall himself conduct such inquiry, and shall not permit any other person to question or examine any witness.

(5.) A witness examined under this section shall not be excused from answering any question on the ground that the answer thereto may criminate, or tend to criminate, himself:

Provided that

(A.) A witness who answers truly all questions which he is required to answer, shall be entitled to a certificate

under the hand of the magistrate making such examination, stating that such witness has so answered, and such a certificate shall be a bar to all criminal proceedings against such witness in respect of any offence not being a felony, as to which he has been examined in such inquiry; and

(B.) Any confession or answer by a person to a question put at such examination shall not, except in the case of any criminal proceeding for perjury committed at or after the holding of such inquiry, be, in any proceeding, civil or criminal, admissible in evidence against such person, or the husband or wife of such person; (c.) Provided that if any person has been charged with the commission of the crime which is the subject of the inquiry, no witness, while the said charge is pending shall be compelled to answer who has been called to give evidence for the defence of such accused person.

(6.) Except with the consent of the witness under examination, no person other than the magistrate and other official person, shall be present at such inquiry.

Save as aforesaid, a witness examined under this section concerning an offence shall not be required to answer any question which he might lawfully refuse to answer on the ground of privilege, if he were being examined as a witness at the trial of a person charged with that offence.

(7.) A magistrate who conducts the examination under this section of a person concerning any offence shall not, if such offence is punishable on summary conviction, take part in the hearing and determination of a charge for that offence; and shall not, if such offence is an indictable offence, take part in the taking depositions against or committing for trial any person for such offence.

(8.) In case any witness examined under this section shall not speak English, the interpreter employed shall not be a policeman.

(9.) The offences to which this section applies are any felony or misdemeanour and any offence punishable under this Act, committed in a proclaimed district, whether committed before or after the passing of this Act, provided that no inquiry shall be held under this section concerning any offence punishable under this Act committed in any district before the proclamation of such district, unless such offence would have been indictable if this Act had not passed, and unless such offence was committed since the expiry of the Prevention of Crime (Ireland) Act, 1882. (10.) Every summons under this section shall be in the form in the schedule to this Act, or to the like effect.