induces or knowingly suffers any girl of such age as is in this section mentioned to resort to or be in or upon such premises for the purpose of being unlawfully and carnally known by any man, whether such carnal knowledge is intended to be with any particular man or generally, (1.) shall, if such girl is under the age of thirteen years, be guilty of felony, servitude for life...; and (2.) if such girl is of or above the age of thirteen and under the age of sixteen years, shall be guilty of a misdemeanor, and being convicted thereof shall be liable at the discretion of the court to be imprisoned for any term not exceeding two years, with or without hard labour. Provided that it shall be a sufficient defence to any charge under this section if it shall be made to appear to the court or jury before whom the charge shall be brought that the person so charged had reasonable cause to believe that the girl was of or above the age of sixteen years. S. 6 in part rep. 61 & 62 Vict. c. 22 (S. L. R.). 7. ABDUCTION of Girl Under EIGHTEEN WITH INTENT TO HAVE Carnal Knowledge. -Any person who with intent that any unmarried girl under the age of eighteen years should be unlawfully and carnally known by any man, whether such carnal knowledge is intended to be with any particular man, or generally— takes or causes to be taken such girl out of the possession and against the will of her father or mother, or any other person having the lawful care or charge of her, shall be guilty of a misdemeanor, and being convicted thereof shall be liable at the discretion of the court to be imprisoned for any term not exceeding two years, with or without hard labour. Provided that it shall be a sufficient defence to any charge under this section if it shall be made to appear to the court or jury that the person so charged had reasonable cause to believe that the girl was of or above the age of eighteen years. 8. UNLAWFUL DETENTION WITH INTENT TO HAVE CARNAL KNOWLEDGE.-Any person who detains any woman or girl against her will— (1.) In or upon any premises with intent that she may be unlawfully and carnally known by any man, whether any particular man, or generally, or (2.) In any brothel, shall be guilty of a misdemeanor, and being convicted thereof shall be liable at the discretion of the court to be imprisoned for any term not exceeding two years, with or without hard labour. Where a woman or girl is in or upon any premises for the purpose of having any unlawful carnal connexion, or is in any brothel, a person shall be deemed to detain such woman or girl in or upon such premises or in such brothel, if, with intent to compel or induce her to remain in or upon such premises or in such brothel, such person withholds from such woman or girl any wearing apparel or other property belonging to her, or, where wearing apparel has been lent or otherwise supplied to such woman or girl by or by the direction of such person, such person threatens such woman or girl with legal proceedings if she takes away with her the wearing apparel so lent or supplied. No legal proceedings, whether civil or criminal, shall be taken against any such woman or girl for taking away or being found in possession of any such wearing apparel as was necessary to enable her to leave such premises or brothel. 9. POWER, ON INDICTMENT FOR RAPE, TO CONVICT OF CERTAIN MISDEMEANORS.-If upon the trial of any indictment for rape, or any offence made felony by section four of this Act, the jury shall be satisfied that the defendant is guilty of an offence under section three, four, or five of this Act, or of an indecent assault, but are not satisfied that the defendant is guilty of the felony charged in such indictment, or of an attempt to commit the same, then and in every such case the jury may acquit the defendant of such felony, aud find him guilty of such offence as aforesaid, or of an indecent assault, and thereupon such defendant shall be liable to be punished in the same manner as if he had been convicted upon an indictment for such offence as aforesaid, or for the misdemeanor of indecent assault. 10. POWER OF SEARCH. If it appears to any justice of the peace, on information made before him on oath by any parent, relative, or guardian of any woman or girl, or any other person who, in the opinion of the justice, is bonâ 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 authorising 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 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 authorised 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. 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, and being convicted thereof shall be liable at the discretion of the court to be imprisoned for any term not exceeding two years, with or without hard labour. 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. 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 land lord, 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 (1.) to a penalty not exceeding twenty pounds, or, in the discretion of the court, to imprisonment for any term not exceeding three months, with or without hard labour, and (2.) on a second or subsequent conviction to a penalty not exceeding forty pounds, or, in the discretion of the court, to imprisonment for any term not exceeding four months, with or without hard labour; and in case of a third or subsequent conviction such person may, in addition to such penalty or imprisonment as last aforesaid, be required by the court to enter into a recognizance, with or without sureties, as to the court seems meet, to be of good behaviour for any period not exceeding twelve months, and in default of entering into such recognizance, with or without sureties (as the case may be), such person may be imprisoned for any period not exceeding three months, in addition to any such term of imprisonment as aforesaid. Any person on being summarily convicted in pursuance of this section may appeal to a court of general or quarter sessions against such conviction. The enactments for encouraging prosecutions of disorderly houses contained in sections five, six, and seven of the Act passed in the twenty-fifth year of the reign of King George the Second, chapter thirty-six, as amended by the enactment contained in section seven of the Act passed in the fifty-eighth year of the reign of King George the Third, chapter seventy, shall, with the necessary modifications, be deemed to apply to prosecutions under this section, and the said enactments shall, for the purposes of this section, be construed as if the prosecution in such enactments mentioned included summary proceedings under this section as well as a prosecution on indictment. PART III. Definitions and Miscellaneous. [S. 14 rep. 61 & 62 Vict. c. 22 (S.L.R.).] 15. APPLICATION OF ACT TO SCOTLAND.-In the application of this Act to Scotland— The expression "misdemeanor" shall mean a crime and offence. The expression "felony" shall mean a high crime and offence. The expression "a justice of the peace," and the expression "two justices," shall include sheriff and sheriff substitute. The expression "enter into a recognizance with or without sureties" shall mean grant a bond of caution." The expression "High Court or Court of General or Quarter Sessions" shall mean the High Court or a Circuit Court of Justiciary. S. 15 in part rep. 61 & 62 Vict. c. 22 (S.L.R.). 16. SAVING OF LIABILITY TO OTHER CRIMINAL PROCEEDINGS.-This Act shall not exempt any person from any proceeding for an offence which is punishable at common law, or under any Act of Parliament other than this Act, so that a person be not punished twice for the same offence. 17. PROCEDURE ON INDICTMENTS UNDER ACT.-Every misdemeanor under this Act shall, in England and Ireland, be deemed to be an offence within, and subject to, the provisions of the Act of the session of the twenty-second and twenty-third years of the reign of Her present Majesty, chapter seventeen, intituled " An Act to prevent vexatious "indictments for certain misdemeanors," and any Act amending the same, and no indictment under the provisions of this Act shall in England be tried by any court of quarter sessions. 18. COSTS.-The court before which any misdemeanor indictable under this Act, or any case of indecent assault, shall be prosecuted or tried may allow the costs of the prosecution, in the same manner as in cases of felony, and may in like manner, on conviction, order payment of such costs by the person convicted; and every order for the allowance or payment of such costs shall be made out, and the sum of money mentioned therein paid and repaid upon the same terms and in the same manner in all respects as in cases of felony. [S. 19 rep. 61 & 62 Vict. c. 22 (S.L.R.).] 20. PERSON CHARGED AND HIS WIFE TO BE COMPETENT WITNESSES.-Every person charged with an offence under this Act or under section forty-eight and sections fiftytwo 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. [Schedule rep. 61 & 62 Vict. c. 22 (S.L.R).] CHAPTER LXX. THE SEA FISHERIES (SCOTLAND) AMENDMENT ACT, 1885. (Sect. 1.) AN ACT to amend the Law relating to Scottish Sea Fisheries and for other purposes relating thereto. [14th August 1885.] 1. SHORT TITLE.-This Act may be cited as the Sea Fisheries (Scotland) Amendment Act, 1885, and shall be read and construed along with the Sea Fisheries Act, 1883. 2. APPLICATION.-This Act shall apply only to Scotland, and to the parts of the sea adjoining Scotland. 3. DEFINITION.-In this Act "Sea Fisheries Acts" shall mean the Sea Fisheries Act, 1868, the Sea Fisheries Act, 1875, and the Sea Fisheries Act, 1883, and this Act. 4. FISHERY BOARD MAY MAKE BYELAWS PROHIBITING OR REGULATING TRAWLING within defined AREAS.-When the Fishery Board for Scotland, herein-after called the Fishery Board, are satisfied that any mode of fishing in any part of the sea adjoining Scotland, and within the exclusive fishery limits of the British Islands, is injurious to any kind of sea fishing within that part, or where it appears to the Fishery Board desirable to make experiments or observations with the view of ascertaining whether any particular mode of fishing is injurious, or for the purposes of fish culture or experiments in fish culture, the Fishery Board may make byelaws for restricting or prohibiting, either entirely or subject to such regulations as may be provided by the byelaw, any method of fishing for sea fish within the said part, during such time or times as they think fit, and may from time to time make byelaws for altering or revoking any such byelaws. A byelaw under this Act shall not be of any validity until it is confirmed by the Secretary for Scotland. A byelaw shall not be confirmed until the expiration of one month after notice of the intention to apply for its confirmation has been given by the Fishery Board by advertisement in one or more newspapers circulating in the county or counties adjoining the part of the sea to which such byelaw applies. The Secretary for Scotland shall allow any person to make a representation for his interest against the confirmation of any byelaw, on a notice of objection being given by such person to the Fishery Board within the said period of one month, and may, if he see fit, allow parties to be heard thereon. Every byelaw when confirmed shall be published in the Edinburgh Gazette, and in such further mode as the Secretary for Scotland may direct. A copy of the Edinburgh Gazette containing a byelaw shall be evidence in all legal proceedings until the contrary is proved of the due making, confirmation, and existence of such byelaw, without further or other proof. Any person contravening a byelaw duly confirmed shall be guilty of an offence under the Sea Fisheries Act, 1883, and shall be liable on summary conviction to a fine not exceeding one hundred pounds, and failing immediate payment of the fine to imprisonment for a period not exceeding sixty days, without prejudice to diligence by poinding or arrestment, if no imprisonment has followed on the conviction. 5. STEAM TRAWLERS FISHING OFF SCOTLAND TO HAVE LETTERS and NumbERS PAINTED ON THE QUARTER.-Every British sea-fishing boat propelled by steam, fishing in any part of the sea adjoining Scotland, shall, in addition to having the number and letters painted on the bow in manner provided by the Sea Fisheries Act, 1883, have the initial letter or letters of the port to which it belongs, and the registry number in the series of numbers for that port, painted in white oil-colour on a black ground, on the funnel twelve inches from the top, and on the quarter three or four inches below the gunwale, and so as to be clearly visible, of the dimensions prescribed for the letters and numbers on the bow by the regulations in force for the time being for the lettering, numbering, and registering of British sea-fishing boats under the Sea Fisheries Acts or any Act amending the same. This section shall be enforced in the same manner as if it were contained in such regulations. It shall be the duty of the Fishery Board to enforce the provisions of the Sea Fisheries Acts, and of any Orders in Council following thereon, with respect to the numbering and lettering of fishing boats by directing their officers being sea fishery officers to use the powers in that behalf conferred upon sea fishery officers by the said Acts and Orders in Council. 6. FISHERY BOARD MAY REQUIRE STATISTICS OF SEA FISHERIES.—The Fishery Board shall have power to require all fishermen and other persons belonging to British seafishing boats, and all fish curers catching or curing any kind of sea fish in Scotland, or in any part of the sea adjoining Scotland, to make returns, in such form and at such periods as may be prescribed by the Fishery Board with the sanction of the Secretary for Scotland, of all sea fish which are caught or cured by them respectively. The Secretary for Scotland, before sanctioning the form or period prescribed for any such return, shall communicate with the Board of Trade, and copies of all such returns shall be immediately furnished by the Fishery Board to the Board of Trade. Any person failing to make a full and correct return under this section shall be guilty of an offence against the Sea Fisheries Act, 1883, and shall be liable on summary conviction to a fine not exceeding twenty pounds. 7. SEA FISHERY OFFICER MAY AWARD COMPENSATION UNDER TEN POUNDS.—Every case under the Sea Fisheries Acts may be prosecuted in any sheriff court which the Fishery Board may declare, by a notice under the hand of the secretary to the board to the Procurator Fiscal of such sheriff court, to be the court nearest to the spot where the offence was committed, or otherwise the most convenient for the trial of the case. . Where an offence has been committed by any person belonging to a British sea-fishing boat in Scotland, or in any part of the sea adjoining Scotland, against the Sea Fisheries Acts, whereby any injury is done by one sea-fishing boat to another, or the nets, lines, and gear thereof, or any of the apparatus used in fishing by the said boat, it shall be lawful for any sea fishery officer to whom complaint is made by the party injured, verbally or in writing, to make such examination or inquiry into the said complaint as he deems necessary, and, after affording the respondent an opportunity of being heard, to prepare and sign a report to the Fishery Board, setting forth succinctly the facts of the case and the amount of the damage done, and he shall supply a copy of such report to the party injured or to the respondent on payment of the sum of one shilling therefor, and it shall be competent for either party in any legal proceedings that may be raised for the recovery of the damage or any part thereof, to call upon the Fishery Board to transmit such report to the clerk of the court in which such case is to be tried, and such report shall be received as evidence in the cause without requiring that the said sea fishery officer shall appear to make oath to the truth thereof, and when such report is produced, no other evidence shall be received of the amount of such damage unless the court shall consider it necessary, in order to be able to do justice in the cause; and in any case in which the damage as found by the sheriff before whom the case comes for trial shall exceed twelve pounds, appeal shall be competent as in ordinary causes before the sheriff court. 8. COMPENSATION FOR DAMAGE CAUSED BY OFFENCE. Where any offence is committed, as set forth in section seven hereof, it shall be competent for the person whose property has been injured to give notice in writing to the person committing such offence, and to the sheriff clerk, that at the trial of said offence the sheriff will be called upon to consider and dispose of the question of damages, and, in such case, the evidence led at said trial shall be evidence for the consideration of the sheriff on the question of damages, and the sheriff, at the conclusion of the said |