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Odger's English Common Law

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224 OFFENCES AGAINST MORALITY AND PUBLIC DECENCY.<br />

By the Criminal <strong>Law</strong> Amendment Act, 1885, 1 every<br />

person commits an offence punishable on summary conviction<br />

by fine or imprisonment who keeps or manages or acts or assists<br />

in the management of a brothel ; or who, being the tenant,<br />

lessee, occupier or person in charge of any premises, knowingly<br />

permits such premises or any part thereof to be used as a<br />

brothel; or who, being the lessor or landlord of any premises,<br />

or the agent of such lessor or landlord, lets the same or any<br />

part thereof with the knowledge that they are to be used as<br />

a brothel.<br />

In order to be a brothel it is not essential that any indecency or disorder<br />

should be visible from the outside, 2 but the premises must be used as a<br />

brothel and not merely as the residence of a siDgle prostitute. 3 The fact<br />

that the defendant " acted or behaved as master or mistress, or as the<br />

person having the care, government or management of the house, is<br />

sufficient evidence that he or she kept " the brothel.<br />

Upon the conviction of a tenant for permitting the demised<br />

premises to be used as a brothel, his landlord can require him<br />

to assign the lease of the premises to a third person, to .be<br />

approved by the landlord; if the tenant does not do so within<br />

three months, the lease will be forfeited. And if after the<br />

conviction has been brought to his notice the landlord fails to<br />

exercise this right and the place is again used as a brothel,<br />

the landlord may be convicted of aiding and abetting the<br />

offence. 4 Again, by the Licensing (Consolidation) Act, 1910, 5<br />

a licensed person, who permits his promises to be used as<br />

a brothel, is liable to a penalty of £20 and at once forfeits his<br />

licence, 6 and is disqualified for ever from holding any licence<br />

for the sale of intoxicating liquors.<br />

Abortion.<br />

It is a felony punishable with penal servitude for life for<br />

any woman, being with child, to unlawfully administer to<br />

1 48 & 49 Vict. c. 69, s. 13, as amendeil by 2 & 3 Geo. V. c. 20 s 4 (11<br />

2 B. v. Bice (1866), L. E. 1 C. C. R. 21.<br />

3 Singleton v. Ellison, [1896] 1 Q. B. 607 ; and see Durose v. Wilson (1907) v 96<br />

L. T. 645.<br />

''<br />

' 2 & 3 Geo. V. c. 20, s. 5.<br />

« 10 Edw. VII. & 1 Geo. V. c. 24, s. 77.<br />

6 B. v. West Biding Justices (1888), 21 Q. B. D. 258.

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