K 5295.Am"""'""'"*"'"-"'"^ * IHmffilE,K.?>' °' '^^s in force fo 3 1924 017 705 116 The original of tiiis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924017705116 *,f* See also Catalogue at end of this- Volume. M .,., y . Seton's Forms of Decrees, Judgments, and 6rder^iri the High Court of Justice and Courts of Appeal, having espe^jial referencft'tof^^hancery Division ; with Practical Notes. Foxmh BiTEODUCTrON. 13 case, temptation is contemplated with shuddering, is Chap. I. controlled, evaded, and finally banished. In the other case it is tampered and toyed with, and at last without reluctance succumbed to. By the operation of the principle which determines, as above described, the action of public opinion, the vicious support the vicious and ease the way for the accession of new recruits to their ranks ; and it needs all the energy of the aggre- gate ol the pureminded to construct a rival sentiment which shall act in exactly the reverse direction. It need then hardly be pointed out that, whether in the language of law or of literature, all formal recognition of social vice, as anything but ah evil determinedly to be combated at every point as a gross, temporary, and unnatural excrescence on civilized society, buoys up the interested public opinion already pledged to countenance it, and affords to vice itself the most direct and unremitting stimulus. It is, no doubr, said by the advocates for the State regulation of vice, that they neither encourage nor legally punish it, but merely recognise it in order to restrict some of its obvious physical consequences, es- pecially as afi^ecting innocent persons. The merits of legislation cannot, however, be judged by the motives of the more high-minded of those who originate it, nor even by such of its superficial effects as alone admit of statistical evaluation. These merits must be judged by reference to the well-known operation upon man's nature of causes of a perfectly familiar kind. The whole system of regulating vice, by ascertaining the conditions under which it may alone be indulged in without infringing police rules, gives a transparent legality or "righteousness" to it, when so pursued, which no counter explanations nor apologies can ever dissipate. It seems to be always forgotten by those who advocate these systems that there are sufficiently strong incentives to vice already existing which it is the hardest effort of civilization to counteract. 14 INTKODUGTION. Chap. I. Legislation which touches the subject at all must be judge°d by its effect in the way of strengthening or weak- ening these incentives. If it be true (as there is good ground for supposing it to be) that a purely repressive system is nugatory, or only aggravates the evil in some directions while appearing to reduce it in others, such a system, at the least, gives no apparent encouragement to vice, but the reverse. A system of what has been caUed laisser faire, which has, up to a few years ago been pursued in England, and according to which prostitution and all that belongs to it only fall under the cognizance of the general law of the country, cer- tainly imparts no apparent encouragement or real im- pulse to vice, nor expresses any public sentiment as to its necessity, its legality, or its propriety. It may have other shortcomings, the remedy for which deserves serious consideration. But the licensing system in all its possible forms gives public expression to the fact that there are forms of licentiousness which are in strict accordance with law. Because law is too impo- tent to punish, there can be no reason why it should go to the other extreme, and protect and encourage. In most ways law, with its cumbrous machinery for interpretation and procedure, is a poor substitute for morality, and can go only a very little way in enforcing moral rules. But the case of licensing prostitution is the only one in Christian countries in respect of which lawgivers have been , so shameless as knowingly and publicly to contradict their own professed moral code. In all other cases it is admitted that where law cannot keep pace with the promptings of morality, it must, at the least, help, substantiate, and never contradict, common moral maxims. The criminal law of every country, and the equitable jurisdiction gradually developed in the English Court of Chancery, are fami- liar illustrations of this natural and beneficial career of law. It is only in countries where a system of INTRODUCTION. 15 licensing and regulating prostitution prevails, that, ^'"^^- ^- while the decrees of morality are held to be absolute in favour of purity, the decrees of law are equally decisive only wh-en impurity is practised outside cer- tain arbitrary limits assigned. Within these limits a great State machinery, constructed at enormous cost, exists for determining the persons for whom, and the places, the times, and the conditions within which, pro- fligacy may be freely indulged in without risk of inter- ference by law. Vice is anticipated, provided for, paid for, and hedged round with peculiar securities, by the State itself. It is, again, important to repeat that it is not in the mere removal of legal or physical obstacles to vice that the immorality of such a system consists. It is in the effect which such stupendous efforts to protect profligate men and their relatives from the obvious consequences of their deliberate acts must have on public opinion that the main mischief consists. Such efforts suppose that these men are more worth protecting than other wrongdoers, and their families more than the families of other wrongdoers. In other words those efforts disclose a scarcely disguised belief that sexual immorality is no wrong-doing at all ; and, therefore, like other indifferent acts, must be pro- tected, if not positively countenanced by law. Nothing is more indicative of the lurking sense of shame which even legislators feel when addressing themselves to this subject than the indisposition they have generally evinced to place the system of licensed prostitution among the national laws. In many coun- tries, indeed, the penal code gives the police power to frame the requisite regulations. The English nation is the only one which, in the limited and partial form of the Contagious Diseases Acts, has yet had the courage or the audacity to launch the system in all its essential details in the form of a public statute. But those who IG INTRODUCTION. Chap. I. defend that system most strenuously in the House of Commons are fully aware of the diificulties by which they are surrounded, and of the public account ^\-hich must be given to the awakened moral sensibilities of the people. Col. Alex- !„ the debate of June 2;3rd, 1875, Colonel Alexander, AKDEE. . in the course of his speech m support or the Acts, said, "My hon. fi-iend, and those who think with him, assert " that those Acts sanction, legalise, and, in fact, recog- " nise the necessity of prostitution. Xow, su-, if I was " of that opinion — if I thought that such was the eifect " of the Acts — I would not, for one, utter one syllable " in their defence. On the contrary, I would use my " utmost endeavours to have them erased from the " statute book." Mk. Hardy. Mr. Hardy, the Secretary of State for War, said, " These Acts have in their necessity that which is re- " pulsive to many of us. I can say, when the}" were " first introduced, my instincts were against them." Mil. Masset. Mr. Massey, the Chairman of the Royal Commission of 1871, said, "So far as the medical testimony was " concerned, there can hardly be a doubt that the " system of the periodical examination was the most " efficacious for the restriction of diseases ; but, on the " other hand, there were many considerations of " morality and decency which rendered the Commission " unwilling to recommend it." French Pe- Jt is one of the most constantly disputed points NAL CODF. _ , . , , ^ ^ among Irench writers, whether the pesent police system of regulating prostitution in Paris and other large towns does or does not derive its whole force from the penal code. The only passages in the code at all applicable are those commencing at clause 330, and referring to offences against public decency, and the last clause (IS-t) in the code, which provide?, that " in all matters which are not governed by the present " code, and which aie subject to special laws and reaula- INTRODUCTION. 17 " tions, the courts and tribunals will continue to observe Chap. " these as before." Parent-Duchatelet points out an pabent- anomalous consequence of relying on this last-men- T)dchatelet, tioned clause, namely, that the "special laws and " regulations " on the present topic would be found to be, with the exception of some recent municipal bye- laws, mainly prohibitive and repressive.* Thus the police would be bound by one class of laws to prohibit, and by the other, to permit. Parent-Duchatelet, with the other later writers, urgently implores the legisla- ture to incorporate the whole system in the general law of the country, and they complain of the illogical imbecility of refusing to do so. The real reason of tlie refusal is probably threefold. First, where the system is incorporated with the general law, its flagrant im- morality and its contradiction of the latent morality of the rest of the law come into distinct relief, — and, most of all, in countries which have a written code. Secondly, when once public attention is fairly aroused, the morality, justice, and expediency of the system could not be defended, for the purpose of introducing a new law, in the debates of a public national assembly. Thirdly, it will be seen in a later chapter that the system can exist only under the condition of substi- tuting government by irresponsible police for govern- ment by law and by courts of justice. It is one thing to acquiesce in this as a silent growth, the result of gradual usurpations : it is quite another thing to advo- cate it in a popularly constituted assembly, and to parade it in a statute book or code. While giving, however, all credit to the more honest or unthinking propounders of this legislation, it will scarcely be questioned that there are some who advo- cate it on grounds which are miserably selfish, das- tardly, and cruel. These persons almost openly profess that man must have his irregular passions gratified at * See also Jeannel, p. 301. 18 INTRODUCTION. Chap. I. any cost, and that, if need be, every generation must ~ supply its holocaust of women to gratify them. A process of natural selection, determined by poverty, and further controlled, it may be, by police and surgical regulations, will regulate the quantity and manner of the supply. It may even be (in the opinion of these persons) not indecorous to spare a passing sigh for the poor unfriended victim demanded for man's lust, and ever and anon sacrificed as a substitute for the good and the rich. This state of mind cannot be represented more adequately than by citing the language of Mr. Mb. Leckt. Lecky, the historian of " European Morals " (vol. ii. p. 299) : " Herself the supreme type of vice, she is ulti- " mately the most efficient guardian of virtue. But for "her, the unchallenged purity of countless homes would " be polluted, and not a few, who, in the pride of their "untempted chastity, think of her with an indignant "shudder, would have known the agony of remorse and '' of despair. On that one degraded and ignoble form " are concentrated the passions that might have filled " the world with shame. She remains, while creeds and " civilisations rise and fall, the eternal priestess of " humanity, blasted for the sins of the people." It is scarcely possible to comment with ordinary self-restraint on such a mischievous abuse of rhetoric as this whole passage displays. It exhibits in its most intense form the living genius of the whole class of legislation which is now being reviewed. The picture it presents is that of an endless vista of dissolute hus- bands in the midt^t of happy, wealthy, and virtuous homes; husbands, wives, and. children all contentedly- subsisting by virtue of a daily immolation of outcast and down-trodden women. The picture is as false as the conception of humanity is unworthy. Bad men do not fill the world less with shame because they are cruel and cowardly enough to sacrifice to themselves the poor and the weak in the place of the rich and the stronc. INTRODUCTION. 19 Virtue and chastity are robbed of their meaning when Chap. I. they can be only purchased and secured at the price of another's degradation. The following extracts from an address on surgery, Pkofessob delivered before the American Medical Association at Detroit, in the United States, by Professor Gross, of Philadelphia, in 1874, under the title, " Syphilis in its " relation to the National Health" exhibit similar views in their latest form, as they are found to prevail among some sections of the medical v^orld, and also indicate the policy by which it is sought surreptitiously to adjust society in conformity with such views: — "Sexual intercourse is an imperious necessity, im- " planted in our nature, for the gratification of which " man will brave any danger, however great, to health " and even life. Whether descended from the ape, or " whether created in the image of his Maker, he is " still an animal, who, but for the humanising influ- " ences of civilisation and Christianity, would be more " savage and degraded than the wildest beast of the " forest. If this postulate be admitted, it requires " no argument to prove that prostitution is an essen- " tial necessity of society. ***** " One very great difficulty in regard to the practical " operation of a licensing law would be the framing " of a bill of an entirely unexceptional character. " Great judgment and care would be necessary in the " selection of a proper title ; if this be offensive, or " too conspicuous, it would at once call forth opposi- " tion. My opinion is that the entire subject should " be brought in, as it has been in England, under the " head of the ' Contagious Diseases Acts,' a phrase not " likely to meet with serious objection, as it would " serve as a cloak to much that might otherwise be " distasteful to the public. The word ' licensing ' " should not be used at all in this connexion, as its c 2 20 INTRODUCTION. Chap. I. " purport is liable to be misunderstood, many persons "supposing that the 'licen.sing law' ia designed to " encourage and extend prostitution. ***** "In reflecting upon this subject, I am sometimes " inclined to believe that prostitution is the normal " condition of the human race ; or if we reject this " proposition, so offensive to good taste, it must be " admitted, beyond the possibility of doubt or cavil, " that the practice is so interwoven with our social " system as to form an essential part of it." It is proposed in the following pages to review the laws, regulations, and institutions which exist in the chief European countries for the purpose of bringing prostitution under the joint control of police and medical authorities, and thereby of at once regulating, licensing, and protecting it. The method here adopted is to consider the whole system by taking each of its essential leading features in succession, and examining the various aspects they present in different countries. It is not the purpose of this inquiry to investigate the merits of competing medical theories, to balance rival statistical results, or to attempt to adjuHicate upon the evidence alleged on either side in reference to dis- putable questions of fact. The whole of the examina tion here entered upon lies within the limits of a vast assemblage of hitherto darkly-shrouded, but none the less simple, laws and police regulations, the existence of which admits of no contention, and the import of which is plain to every one when once they are brounht into the light of day and laid side by side with one another. The result will be to show that the system of State- licensed and regulated prostitution, from the point of view of all its advocates, can only be worked by INTRODUCTION. processes and under conditions which admit of only ^''■^^- ^- the slightest modifications, of scarcely any import to public liberty or morality; that the actual modes of constructing and working the system in different countries are, in almost the minutest details, mono- tonously the same wherever it exists ; that the apparent exception, in respect of some of the aspects of the system, presented by the English statutes on the subject, is apparent only, and wholly disappears on a closer examination ; and, lastly, that even if the laws and regulations on the subject were as effec- tively and as justly put in force as their most ardent and honest supporters demand, still the medical achievements aspired after could only be won by a wholly disproportionate sacrifice of public liberty and by the gradual blasting of public morality ; while com- plete medical success, were it ever attainable in this way, would be only purchaseable at the price of na- tional ruin. 21 22 LAWS FOR THE REGULATION OF VICE. Objects. Chap. IL CHAPTER II. PROVISIONS FOE REGISTRATION AND JIEDICAL CONTROL. Though it wiU be seen that the devices for regnlathig and licensing prostitution present various forms in difierent countries, and a number of untried devices are from time to time suggested on every hand, yet they one and all follow — and indeed must needs follow — a common type, and differ from one another in points which can only be reckoned as of subordinate detail. Pkofessed All the possible objects which the different varie- ties of the system of State regulated %ice are devised to effect, are usually alleged to be— (1) the restriction and mitigation of venereal diseases ; (2) the removal of temptation from, and the securing of order and decency in, the public streets and thoroughfares ; (3) the pre- Yention of juvenile prostitution, and the reformation of prostitutes generally. It is the invariable and in- stinctive policy of those who defend the system under consideration to group these distinct objects closely together in order to convey the impressions, first, that they themselves are desirous of attaining every one of these objects in an equal degree, and not one more than another ; and, secondly, that the three objects must either be pursued in concert, and bj' machinery adapted equally to attain all of them at once, or they must all be abandoned together. It is no doubt true that the actual varieties of the system in existence do, EEGISTEATION AJSTD MEDICAL CONTROL. 23 in fact or in appearance, mostly address themselves to all Chap. Ii these evils at once, and the result upon the public mind is (as -was intended) to suggest the idea that all these evils must be grappled with by one and the same machinery or not at all, and that no other machinery than that now at work can be devised for grappling successfully with any one of these evils. The whole of the argument intended to be enforced rests upon fallacious appearances which are ingeniously marshalled so as to deceive public opinion, but are ia no way conformable to facts. It is not at all necessary in itself that there should exist any one kind of legis- lative and administrative machinery by which at once venereal diseases could be moderated, disorderly con- duct in the public streets prevented, juvenile prosti- tution arrested, and prostitutes reformed. Again, no proof whatever is offered, or can be offered, that, unless venereal diseases are wrestled with by these particular measures, all hope of achieving every one of the other beneficial ends must be abandoned; on the contrary, an enormous amount of evidence has been brought forward, whatever its worth, to the effect — (1) that, whilst these particular modes of grappling with the diseases, as put in force over any but the narrowest area, are hopelessly ineffective, the other moral and social ends, even when these are honestly kept in view, are most uncertainly and imperfectly attained; (2) that these latter ends are achieved, and can be achieved, far more certainly and far more perfectly, by a variety of other social, legislative, and administrative, measures, wholly independent of the system of State regulated vice ; and (3) that this system, even if it did attain a success as conspicuous as that claimed for it, introduces a horde of other evils, political and moral, which in- finitely more than counterpoise the good alleged to be attained. Whether these positions are or are not made good, may be matter of interminable debate. It is 24 LAWS FOE THE REGULATION OF VICE. Chap. II. important, however, to announce at the outset that the system of State regulation must be tested by its capa- city to meet each of the classes of evils to which it is addressed in the only or the best possible way, and by the improbability of its introducing other, and fresh, evils worse than those it affects to cast out. Of course it might prove to be the case that, though it were the best device for reducing disease, it was only one out of many equally good or better devices for preventing juvenile prostitution and reforming the prostitute. The system must, in that case, not have the credit of being the best device for meeting all of the several classes of evils complained of The writers on the subject, however, are so much in love with the system, or they feel it to be so much in danger when once the full blaze of public discussion is turned upon it, that they will not admit of the possible value of any police regulations or philanthropic efforts which are not in distinct connexion with the system they uphold. It will be convenient to explain the system by a primary referenc to the attempted cure and restriction of disease. The system has been introduced, and is mainly defended, by members of the medical profession ; and the largest part of the system, — indeed the only essential and invariable part of it in all countries- relates to disease, its restriction, its mitigation, and its cure. Whether the other features of the system are or are not merely accidental appendages, attached in order to propitiate a public sentiment of charity and decency, will more clearly appear when the leading principles of the system in its essence have been fully exposed to view. TpE Medical The system reposes on a medical theory, — whether HEORT. true, false, or partially true but vastly exaggerated, matters not for the present purpose, — that diseases of a venereal type are, in every modern European state, largely diffused throughout society at large ; and that REGISTRATION AND MEDICAL CONTROL. 25 these diseases are perpetuated and indefinitely ex- Chap. il. tended in successive generations,- thereby not only producing widespread secondary disorders of a debili- tating and painful kind, but also threatening a serious degeneration of the race. Whatever be the original historical cause for the manifestation of these diseases in the form they now take, it is confessed on all hands that they owe their continued reproduction to irregular sexual intercourse, especially to that excessive abuse of it which is implied in, and attends, prostitution. Excess, want of cleanliness, and want of attention to incipient symptoms of disorder, tend both in men and women to engender and to foster disease. The disease when formed is said to be habitually passed on by profligate men to their wives and so to their children and descendants ; by prostitules to the husbands they very constantly marry (as Mr. Acton believed) and to their families ; and by men and women alike to all as yet uncon- taminated persona whom they are in a position to infect. The disease is, of course, most prevalent and most flagrant in places in which sexual immorality is, from one cause or another, most uncontrolled ; that is, in great cities, in military stations, in naval and mercan- tile ports. It is important, too, to notice that the diseases classed generically as " venereal " are of very different kinds and degrees of intensity, and that the introduction of them has been due to different historical crcumstances. Thus Dr. Mauriac, physician to the H6pital du Midi, Db. Maumao. Paris, in a recently published pamphlet (" Raret^ actuelle du Chancre simple," Paris, Delahaye, 1876), speaking of what is called " soft chancre " says " it is a disgrace to " our civilisation that it still exists. Have we not the " power of destroying it as we destroy vermin, and all ".parasitic diseases which lodge in the skin? Yes, I " am convinced that it will be made to disappear when- 26 LAWS FOR THE REGULATION OF VICE. Chap. II. " ever society will seriously take the trouble to make it ~ " cease. Its rarity, which has been extraordinary for " some time past, is it not perhaps the prelude of its " future extinction ? " Dr. Mauriac says he would not be equally affirmative with respect to "syphilis.'' " Since that disease invaded Europe at the end of the " fifteenth century, it has never ceased to rage. It has " before it, as it has had in its paet history, many years " of existence. Reason, however, teUs us that it is not " inherent in humanity, so that we need not for ever "despair of destroying it." As to "gonorrhoea," the least serious form of the disease, Dr. Mauriac believes " it " will remain as long as humanity. It was born with it, " and will die with it. Were we to extinguish this " special inflammation for several years, it would re- " awaken from its ashes." It must be observed, however, that great discrepancy of opinion exists among medical specialists as to the true modes in which this group of diseases ought to be classified, and as to the relative significance of each class. Almost every point in reference to the whole subject is sharply controverted, the only conclusions in respect of which a tolerable amount of agreement is attained being the following. First, in the most densely populated modern towns, and especially in places where men are herded together under unnatural conditions, all forms of disease prevail largely, though the very worst forms are almost everywhere showing signs of diminution. Secondly, all but the very worst forms readily yield to simple treatment, and the more serious kinds of, disease can possibly be kept at a distance from men and women by a prudent resort to well-known precautions without vicious indulgence being foregone. Thirdly, certain artificial conditions can undoubtedly be created in which medical treat- ment can be applied on a considerable scale without vice being impeded ; it being warmly disputed, how- EEGISTBATION AND MEDICAL OONTEOL. 27 ever, in the medical profession, whether medical Chap. ii. treatment does in fact attain its proper and natural results when applied under such conditions, and whether the open encouragement thereby given to vice does not lead to its consequent diseases manifesting themselves in many fresh directions while they are momentarily arrested in one. It is generally admitted that the existence and amount of disease may be taken as a measure of the surrounding immorality, and thus the medical treat- ment of the disease naturally involves a consideration of the portentous social fact denominated by the term prostitution. This fact and the diseases that habitually accompany it, are, in truth, always discussed to- gether, as they ought to be, inasmuch as they are strictly related as cause and effect, and the remedies for both are likely to lie in the same direction. Medical writers on the general subject, as Dr. Parent- Duchatelet, Dr. .Teannel, and a group of others who have bestowed especial attention on the point, seem almost to luxuriate in their description of prostitution in ancient, mediaeval, and modern times. Dr. Jeannel, De. Jbannel. indeed, has devoted the first part of his work on " Prostitution in the Great Cities of the 19th Century '' to a collection of all the allusions in Greek and Latin authors to the existence of a prostitute class. Many of the writers describe the prostitute with all the scientific precision with which a zoologist enumerates the peculiarities and habits of an animal on which he has bestowed a life-long attention. Her usual age, her average health, the average duration of her occupation and her life, her prospects of marriage, and her character when married, have not only been made matters of the most exhaustive research and statistical comparison, but are described with a patient and laborious assiduity which is the peculiar offspring of a genuine scientific curiosity. Here again Mr. Acton 28 LAWS FOE THE REGULATION OF VICE. Chap. XL presents a pleasing contrast to tlie Continental writers. These do, indeed, occasionally throw across their terrible pages a gleam of commiseration or even of moral indig- nation. Mr. Acton hardly ever writes a word about a prostitute without remembering tbat she is a living woman, clothed with all the rights of humanity, and grossly and cruelly abused by men. However valuable, within its proper limits, may be this style of research into the permanent characteristics of a prostitute's life, it, nevertheless, has the disadvan- tage of presenting the social fact of prostitution in a false and distorted light. Through a curious and lurid interest being imparted to one side of the truth, the other three sides of the truth are either hid from view or are rendered too tame and common-place to arrest attention. It is quite true that at any time and place where, for other reasons, prostitution is a mode of earning a livelihood, certain women, who may be generically described, will, rather than others, resort to it. Poverty, bad home training, special temptation or special misfortune, inherited lightness of manner or instability of character, will predispose certain women rather than others to this mode of living ; and this mode of living tends of itself rapidly enough to have the effect of moulding all those who pursue it into a common type. But when all this is said, nothing is gained in the search for the real cause of prostitution, nor, therefore, for its remedy. In fact, so long as the facts above enumerated exist at all, prostitution must, on this showing, seem irremediable, because it will always be more likely that some women rather than others will succumb to it. The sole cause of prostitution, — in the true sense of • the word cause, that, if it alone were away, the effect could not and would not follow, — is the demand for it created by the profligacy of men who are able to pay enough to tempt forth the supply. Of course, as amoral principle, it is true that no price ought to be sufficient to REGISTRATION AND MEDICAL CONTROL. 29 call forth the supply, and, in deference to this un- Chap. IL assailable principle, no one, however indulgent to special cases, exempts the prostitute from the gravest moral blame. But this is no reason for ignoring the fact that the demand is voluntarily created by men, who, by the hypothesis, are not pressed by v\aat but are merely impelled bj- a passion or caprice which cannot claim the slightest indulgence when the interests of others or of society are put into competition with it. It may be true that there are many circumstances Causes op . . Vice. in modern society unfavourable to continence in men. It is undoubtedly true that certain institutions and facts, — such as the composition of the army in England, the celi- bacy of the clergy in some countries, the social dislike to marriage in somestationsoflife, — are directly provocative of licentiousliving. It may also be true that special here- ditary proclivities, habits of Ufe, or conditions of health, place some individual men at a great disadvantage in comparison with their fellows in the effort to exercise moral self-restraiat. But every one of these general or special allurements to immorality in men is acci- dental and temporary, and so admits of being gradually modified or wholly got rid of It is the function of the lawgiver, of the statesman, of the educational reformer, even (it may be) of the physician, gradually to diminish these potent temptations to vice ; and all true-hearted citizens are straining their uttermost to co-operate in diminishing them. The more even distribution of wealth, the removal of needless impediments to marriage, the reconstitutioa on a sound basis of the national army,and the introduction of healthier habits of life, are all, day by day, reducing those temptations to vice which seem unduly to weight some classes of men in the race for virtue. The temptations will always be greater for some men than for others, and they will never be entirely banished from the world so long as virtue itself remains in.it. But they are already far less in 30 LAWS FOE THE REGULATION OF VICE. Chap. II. some Countries than in otHers, and in some portions of society than in others, and all this affords an earnest of their possible diminution everywhere. One cause alone tends in the directly opposite direction, that is, in favour of supporting and perpetuating the general practice of immorality in men. That cause is the advocacy of the notion, or the translation of it into fixed institutions, that promiscuous indulgence is less derogatory and dis- creditable to the man who can pay for his vice than to the woman who is poor enough to be tempted to accept payment. Ordinary justice, ordinary humanity, nay, ordinary common sense, would enforce exactly the opposite lesson, namely, that the more free and indepen- dent a person is, the more heinous is his or her offence, and the more accountable for it he or she is. But, owing to ages of inherited false judgment, and to the predomi- nence in forming the customary moral code that men who speak and write have hitherto had over women who have mostly been silent, the vice of men is habitually passed over as a topic scarcely worth adverting to, except to heave a gentle sigh over it as the least attractive of Nature's immutable laws; and the corresponding vice of women, occasioned, as it mostly is, by that of men, becomes the inexhaustible topic of volumes of scientific dissertations. Method op Operation. It is essential to a thorough comprehension of the prevalent system for the State regulation of vice to appreciate the standing-point, as above desci-ibed, from which it is viewed by those who have constructed it, or who maintain it. The main and primary object is said to be the restriction, the mitigation, and the cure, of the venereal diseases which are traceable to the promiscuous intercourse of men and women. The system in vogue, in all its forms, may be described as marking out an area, sufficientlj^ limited to admit of the efficient application of curative or palliative REGISTRATION AND MEDICAL CONTROL. 31 medical measures, outside -which alone vice in -women Chap. II. shall be repressed by law, and inside -which vice in men and -women alike shall be regulated and protected, and even facilitated to the utmost, by all the means that medical science and administrative ingenuity can devise. Thus the 'system may be considered as con- sisting of t-wo parts, one that which is concerned with determining the limits of the area for safe and legiti- niate indulgence, the other that which is concerned with the methods for securing physical immunity within the limits of this area. The keystone of the system is that men's vice is to be treated as a fixed quantity, and that no interference with it of any kind is to be resorted to. The vice of women is to be distributed by administrative machinery into pre-ordained channels so adroitly as to secure for men the largest provision for their vices at the least risk, expense, or inconvenience, to themselves. Thus, when it is said that an area for the application of medical measures is ascertained and mapped out, it means that a prostitute class is specially created by law and the police, is separated sharply in a variety of ^ ways from the rest of the population, is placed under a special code of laws, and ia a multitude of ways is guarded against the chances of ready admixture again with the people at large. It is necessary to explain with some minuteness the Ebgisteation. general policy and the process of constructing a pros- titute class by law or by police administration. It need scarcely be mentioned to any one who has the most superficial acquaintance with any phase of the existing system for the State regulation of vice, that the creation of a class of prostitutes by a process of strict registration is not only the essential preliminary to all that follows, but is the part of the system on which all yriters, medical and legal alike, insist, as being of indispensable importance. It may be said that the 32 LAWS FOE THE EEGULATION OF VICE. Chap. II. unregistered prostitute, the " insoumise " or clandestine prostitute (thougli the term "clandestine" is usually limited in this country to describe the -woman who practises prostitution without giving rise to the slightest public scandal) is the Me noir equally of the medical and of the legal enthusiast. Db. SIieeub. Dr. Mireur, of Marseilles, stands alone in advocating a theory which excites an almost religious horror in the breasts of his medical rivals-; to the effect that, provided the State supplies a sufficient number of healthy pro- stitutes in the proper repositories, it has nothing to do with those who walk about and scatter disease at large. The ablest and most consistent supporters of the English " Contagious Diseases Acts ' are never tired of asserting and re-asserting, that all the present defects of these Acts would be corrected, and their efficiency abundantly manifested, if only unregistered prostitutes could be prevented from constantly inundating afresh the limited districts now subject to the Acts. M. Lecoub. M. Lecour (in his capacity of head of the office for carrying out the sj-stem in Paris) defends himself against the imputation of remissness with which sundry French medical enthusiasts charge him (" De l'4tat actuel de la Prostitution Parisienne," Paris, 1S74). He says that in 1873, 12,302 arrests of prostitutes were made, of whom 3719 were clandestine; that is, those who would have escaped being registered if they could. He sajs this is about as far as repressive measures can go, and yet he contemplates the result with a melancholy misgiving. "One must then at "present," says ^I. Lecour, "resign oneself to live in " such conditions as these, ever fighting with embarrass- "ments of the same sort, keeping up the struggle " by efforts to reduce the evil to its least proportions, " and encouraging the hope that such consequences as "are due to recent public events will diminish in time." Both M. Lecour and his medical critics are at one in REGISTRATION AND MEDICAL CONTROL. 38 believing that the vitality of their system depends on Chap. II. a rigid registration of all women practising prostitu- tion, though as to the feasibility of it they differ vp-idely. And yet an important distinction, suggested by the observations of M. Lecour himself as well as by common sense, has to be introduced. The conditions for working the system are not only far more favourable in the case of a very small geographical area, isolated through accidental conditions, than in that of a large area or an area not thus isolated ; but in the latter cir- cumstances the favourable conditions vanish altogether. The most favourable conditions are those presented by a camp or a naval station abroad, where the whole population is limited in extent and can, with the soldiers or sailors, be placed under military control. No doubt, in a case like this, such as is presented by Malta, Hong Kong, and other English settlements abroad, it may be possible absolutely to prevent any woman but a registered and guaranteed prostitute coming near the troops or sailors. But the conditions here supposed are all, in the highest degree, exceptional and artificial. The men are under a control very different from that of a home station, and still more different from the unfettered condition of ordinary citizens in a large town at home. The population is either scanty or . kept entirely apart from the military or naval posts. A select body of women, given to prostitution, can be detached from the rest in the numbers and with the regularity which seem to be required. The evidence given before the Select Committee of the House of Commons, 1868, by Sir H. Storks, Governor of Malta, SirH.Storks, in reference to the practice there, explains the nature of the facilities which are here alluded to ; and the evidence of Dr. Eoss, surgeon in the 92nd Highlanders, De. Hess, given before the Royal Commission of 1871, is still more to the point. He says (Answer 15,129), "I was " in India twelve or thirteen years ago, and when D 34 LAWS FOR THE EEGULATION OF VICE. Chap. II. " a regiment arrives in India, a certain establishment " is told off for each regiment as it arrives ; and, " amongst others, there is an establishment of prosti- " tutes, who are housed in the bazaars, and regularly " looked after by the matron appointed for the pur- " pose, and superintended and examined by the sur- " geon of the regiment." Effect of Now, dropping for the moment all other comments on THE Area, this Special manifestation of the system, it is obvious that, at the least, the conditions essential to constructing a prostitute class and placing it under the complete control of the authorities are here present in the highest degree. But as the geographical area increases, the difficulty of registration, and, therefore, of regula- tion, increases in far more than geometrical progression ; and if all the moderate sized towns of a country were brought under the system, there would ensue what even the French medical advocates themselves dread on good historical grounds, in a too rigid system, namely, the corruption of the neighbouring villages, through the scattering abroad in every direction of prostitutes and those who are in quest of them. It is thus a fallacy of a very transparent sort to argue from any results whatever obtainable within a strictly limited geographical area, or even within a moderately compact and manageable town, and to allege that like results, only in a vastly multiplied extent, will be ob- tained by a]iplying the system over a proportionately extended area. The truth is that the system presupposes on the face of it, for its medical conditions, the absolute sequestration of all women capable of passing on disease. A rigid method of registration is thus essential, and yet for every access of area its difficulty hugely increases, till it becomes impossible. How this is so will appear more clearly when the special police machinery in use for constructing the prostitute REGISTRATION AND MEDICAL CONTROL. 85 class has been explained later on. In the meantime, it Chap. II. must be taken for granted that, if the system is good, and is to exist at all, it must be extended all over the country. In the -words of Dr. Vintras (p. 76) : " Now De. Vintras " that the work of repression has begun, it cannot be tension. " stopped : these measures must become general ; there "cannot be privileged towns. If it were so, the results " would be disastrous, for the women when detected " would escape (as they already do) to the places to " which the Acta do not apply. If the authorities are " convinced that it has become necessary to protect the " country's sergeants, they ought not to refuse the same " protection to those who pay for them. If it is wrong " to infect a soldier at Portsmouth, it surely must be " equally Avrong to infect a civilian in London." It is to be observed at this stage of the inquiry, that (1) any separation of prostitutes as a class from the rest of the population, by police measures, is directly opposed to the principles upon which are based the soundest remedial efforts which are or might be made on behalf of the recovery of individual prostitutes; that (2) a classification for sanitary purposes, mainly or solely, is and must be replete with hardship and injustice ; and that (3) the registration of a class of prostitutes does of itself present a stimulus of the most potent and constant kind to immoral living both in men and women. As respects (1) the recovery of individual women, it 0-) Eepoema- TORT "FiTVF.nTfl is plain that the general success of remedial efforts will depend upon the possibility of interposing on behalf of women and arresting them at every step of their downward career ; upon their being as little as possible brutalised and degraded to a common level by any dealings with them in a mass; upon their not cor- rupting each other by constantly and forcibly being brought face to face for purposes connected only with their nefarious occupation ; and upon the facility with D 2 36 LAWS FOR THE REGULATION OE VICE. Chap. II. which they can, at their will, at a moment, be lifted entirely and for ever out of the scenes and associations A PRosTEruTE amidst which they have been living. It is true that, though habitually .profligate men stand as a vicious exception just as much apart from the rest of their sex as the women they pay do from the rest of theirs, and in this sense the one form a natural class as much as the other ; yet, — owing to the shelter which society gives to men's vices and to the advantage in escaping notoriety which the wealthier buyer has over the poorer seller, — the women who resort to prostitution stand forth far more con- spicuously visible as a class than do the men who support it. Of course, the facts that such a" life, where it exists at all, is very frequently a woman's only means of obtaining a maintenance, and that the life is shared by several pei'sons all familiarly known to each other, tend of themselves to impress on the women many peculiar characteristics, and in this way to make them a distinctly recognizable class of the population. But every one of these incidents opposes a distinct obstacle in the way of philanthropic eiForts to recover individual women who have once succumbed. The effect of the police registration, which is the first and essential step in carrying into operation the licensing system in all its forms, aggravates the effect of the spontaneous classification by formulating, pro- tecting, and riveting it. The essence of the registration system is that all registered women shall be separated, as completely as is compatible with the other ends in view, from the rest of the population; that they shall become thereby subject to a special code of laws ; be attended by a special medical staff and nursed in special hospitals ; and be only dismissed from the register on satisfyino- public officials tliat they have complied with conditions which, in some countries, are of an extremely exigent if not impossible, kind. It is obviously too clear to REGISTRATION AND MEDICAL CONTROL. 87 need argument that no one with his mind simply bent Chap, il upon rescuing one woman and another from a life of vice would, on this ground alone advocate a system which does what it can to make a fall precipitate decisive, and irreparable. Some of the more bold of the defenders of the Ditekbbnt English Contagious Diseases Acts have, indeed, argued ^™^oi* that a counterpoise for these results is to be found in the deterrent effects which the prospect of registration itself exercises; and that the police who apply the system are known to avail themselves of this deterrent in their philanthropic efforts to save women from falling into the net. This looks very like an ex post facto argument intro- duced to give a plausibility to a threatened institution, and would be equally applicable however cruel and demoralising was the treatment of women when once registered. But, in the first place, even supposing there were any general and trustworthy security for the active benevolence of the police, then the interests of one or another, on whom this deterrent agency may chance to operate favourably, has to be pitted against the interests of everyone of the registered prostitutes who are tied and bound to their occupation by the thraldom of an enormous system worked by iron rules. And, in the second place, so far from it being probable that the system will generally be, or is, worked (even were it possible) as a deterrent, such a use of the system would be a direct contradiction of its essential principles. This leads to a consideration of the second (2) (2) Sanitaky ■ . "K- i, Classipica- consequence of the registration oi prostitutes wnicn tion. the system involves. The purpose of the whole system is originally and essentially sanitary. The method applied is that of bringing under medical observation and treatment all women capable of communicating disease. Universality and comprehensiveness are indispensable, to the method. Thus, either a definition of an entirely novel kind must be given to the term 38 LAWS FOE THE EEGULATION OF VICE. Chap. II. prostitute, or other persons, not prostitutes strictly so called, must be included within the meshes of the system. In other words, a special medical, and not a common moral, interpretation must be given to the term prostitute. Though, of course, the supporters of the system will be guided by what is practicable, and will therefore forbear to interfere with the more influential classes of society, yet they will, and must, do their utmost to sweep into their drag-net at least all women belong- ing to the uninfluential classes who are likely sooner or later to become a vehicle for disease, whether, in any strict moral sense, they are as yet prostitutes or not. They must include, or try to include, all the numerous women who in the great towns, through misfortune, or error, or single lapse from virtue, seem to be on the path to become prostitutes. They must include all persons who occasionally or partially resort to prostitution in order to eke out, for themselves, or their families, an insuflScient livelihood. They must even be willing to risk including (in order to be on the safe side) many of those who merely are socially acquainted with prostitutes, or with men of certain classes, or characters ; and whose habits of life are in various respects not to be distinguished from their habits. Such are the obvious requirements which are inexorable if the system is even to have a plausible show of eflicacy as a mode of arresting and restricting disease. In other words, the whole energy of the system must be strained to make the class of registered prostitutes as large as possible. This object is directly in the teeth of the objects of the moralist and the philanthropist, which must be to reduce to the smallest point attainable the number of women who openly and avowedly practise prostitution. When it is considered that the inclusion in the register is only the first step in a course of common medical treatment, of persLstent police supervision, and of general regulation REGISTRATION AND MEDICAL CONTROL. 39 in conformity with a special penal code, it is not saying Chap. II. too much to add that, on the theory of the system, the medical necessities insist that the class of recognized prostitutes be made as comprehensive as possible, that it be rendered as compact and homogeneous as possible, and that exit from it be allowed only on compliance with the sternest conditions. The demands of morality, charity, and justice are directly the reverse. The fact is that the area of disease and the area of prostitution are not and cannot be made conterminous. It is the inherent policy of this system to treat them as though they were so, and the utmost cruelty and injustice must attend the enterprise. But (3) the public registration of prostitutes is, in (3) Eduoa- respect of the moral influences upon society at large effbots. and upon prostitutes themselves, a distinct aggravation of all the moral evils, of an educational kind, which the existence of prostitution itself involves. It must suggest to the young woman as yet unfallen, but not untempted, that a livelihood is at hand, in an occupation not less regular, organised, and publicly- recognised than other occupations. It suggests toi the young man at critical moments of his life, not only that promiscuous intercourse is possible for him (a lesson he could not escape, perhaps, anyhow), but that a marked and picked corps of his fellow-country- women are publicly stamped as available for his use. It suggests to all persons in every part of society that prostitution is not an intolerable and wholly anomalous, fact, but that, on the contrary, an order, a caste, a college, of women consecrated to prostitution, are as deeply and lastingly bound up with the fortunes of the- State as are the most immoveable bulwarks of the political fabric itself. For, be it remembered, in the licensing system there is no one feature which might, gradually work in favour of its own termination and. of the abolition of immorality, and which must finally 40 LAWS FOE THE EEGULATION OF VICE. Chap. II, secure them. On the contrary, every feature tends to aggravate immorality, whether -with or without its attendant diseases, and to consolidate it for ever — that is as long as the nation can last. The registration completed according to one or other of the detailed methods to be described later on, the next stages in the operation of the system are concerned •with the attainments of two objects in some manner distinct from one another, though carried out by the harmonious co-operation of the medical and police staff. One of these objects is the periodical medical inspection of women, with the view either of affording a public guarantee that they are free from communicable disease, or of at once putting them under such a course of treatment as may render them free. The other object is the general regulation of the conduct of prostitutes with a view to their occupation beiug carried on with as little offence to public decency and as little injury to the young as possible. The attainment of these distinct objects is pur- sued simultaneously, and it is obvious that the general principle of police supervision of prostitutes may be made to conduce to the attainment of both at once. Nevertheless, the sanitary and administrative measures do sometimes conflict with one another as well as do also the medical and police authorities who apply them, a fact which the sharp controversy and recrimi- nations between M. Lecour and the French doctors suflGiciently proves.* However, the measures adopted solely in behalf of public decency and the protection of the young are not essential to the system as a machinery for arrestingand controlling venereal disease; nor is it attempted to show that they are better in kind for being pursued in concert with the system of * See M. Lecour's criticism of the suggestions and animadversiona of Drs. Jeannel and Diday (" De Vet&t actud rfc la Prostitution Parisicnne^'). BEGISTEATION AND MEDICAL CONTEOL. 41 publicly providing secure vice ; or that, even were all Chap. II. the provisions for this last end to be swept away, the "" ordinary law might not be usefully amended "so as to give special powers to the police for preventing public scandals, whether occasioned by men or by women, and for protecting against temptation or unfair pressure all those who, by reason of youth, cannot sufficiently pro- tect themselves. It cannot be too often insisted on that it is the interest of those who defend the system of State regulated vice to establish that, unless prostitutes are guaranteed safe for hire, neither public decency, the protection of the young, nor the reformation of the prostitute herself, can be sufficiently provided for. This seductive mode of argumentation must be exposed again and again, till it is made clear as daylight that the two ends are entirely independent of each other, and that, though the attainment of the so-called sanitary objects is no doubt facilitated by the regulations prescribed in favour of public decorum, yet that every one of these regulations can be applied, to the full, under a method of sanitary treatment freed from all the deeply grounded objections which lie against the existing method. It is then, for the present, sufficient to investigate the nature of this method so far as it is essentially charac- teristic of the system of State provision for vice now under review. The periodical surgical examination (visite sanitaire) Peeiodioai, of prostitutes, as it is the part of the system which is ^^^i''-*-''!"*^- most open to objection, so it is undoubtedly the part which, in view of the theory on which the whole system is based, can least be dispensed with : in fact, it is the very centre and prop of the whole. If this principle were given up, the system would no longer be defended on behalf of what remains, and, in the opinion of those who understand it best and advocate it the most strenuously, would no longer be worth the labour and 42 LAWS FOR THE EEGULATION OF VICE. Chap. II. (often) disrepute of defending it. The system, indeed without this feature would be meaningless and no longer itself. Not that it is inconceivable, as a possi- bility, to dispense with these examinations and retain the rest of the system, as seems to have been contem- plated by a majority of the English Royal Commis- sioners who reported in 1871, and again in the abortive measure introduced by ilr. Bruce (now Lord Aberdare), the Home Secretary in ilr. Gladstone's Government in 1 872. But the medical support to any such schemes aa these is so feeble that they instantly fall helpless victims to the crowd of assailants by whom on all grounds, moral and constitutional as well as medical, they are from every side attacked. There is no medical writer of any note, who supports the system in any of its forms, who does not allege with almost wearisome insistance and reiteration that the system implies the periodical " visite " or examination of prostitutes, or else that it is not worth advocating. Of course the greatest dif- ferences, both of theory and practice, are found to exist as to the conditions and the frequency of the " I'isite," as well as in respect of the mode of conducting and en- forcing it. Eepoet of The report of the Royal Commissioners on the " Ad- oF 1871. ministration and Operation of the Contagious Diseases Acts," presented to both Houses of Parliament in 1871, contains the following passage : — " 29. The medical witnesses experienced in the ad- " ministration of these Acts are nearly all agreed that " the periodical examination of the public women is " essential to the system. Dr. Balfour, the Inspector- " General of Hospitals, said, ' I do not see how the '"Acts could be carried on without that examination. " 'It is the only way in which you could detect the dis- " 'ease and bring it under treatment.' Dr. Armstrong, " theDirector-Generalof the NavalMedical Department, " expresses an equally confident opinion. Dr. Barr, sur- " geoDof the Lock Hospital at Aldershot, spoke positively EEGISTRATION AND MEDICAL CONTROL. " 43 " to the same effect. Mr. Lane, the senior surgeon of the Chap. IL " London Lock Hospital, thought ' the periodical exami- "'nation was absolutely necessary.' The frequency of " such examinations is also insisted on. Mr. Pickthorn, " thevisiting surgeon at Devonport,says, 'it is absolutely " 'necessary that they should be fortnightly.' Mr. Moore, " the resident medical oiEcer at the Royal Albert (certi* "fied) Hospital, Deronport, doubts if the periodical " examination is sufficiently frequent. Mr. Bulteel, some- " time surgeon to the same hospital, 'considers periodical " 'medical examination to be of the very essence of the " 'Act physically,' and that such examination should " be fortnightly. Mr. Square, a surgeon at Plymouth "in private practice, and Mr. Parsons, visiting surgeon "to the Portsmouth Lock Hospital, are of the same " opinion." In view of this decisive passage it is perhaps more surprising that the first of the recommendations signed by the whole twenty-three Commissioners is " that the "periodical examinations of public women be discon- " tinued," than that seven of the Commissioners signed a separate dissent from these recommendations on the grounds, amongst others, "that they had been irre- " sistibly led to the conclusion that it was only under a " system of periodical examinations that either venereal "disease could be speedily detected and effectively " checked, or the police be safely entrusted with duties " which must be admitted to be, under the most favour- " able circumstances, of a difficult and delicate nature, "requiring every safeguard which prudence can sug- "gest." It is needless to repeat that such scruples as seem to have perplexed a majority of the English Eoyal Com- missioners are wholly unknown to -all the advocates of the system in other countries, however much they differ from each other in points of detail. These dif- ferences cover, indeed, a very wide lield, and relate to (1) the frequency of the examination, (2) the modes of 44 LAWS FOE THE KEGULATION OF VICE, Chap. II. (1) Frequency OP Examina- tion. DBS. Bel- homme and Martin. conducting the examination, and (3) the modes of en- forcing the examination. In England the ordinary period intervening between the examinations is a fortnight, but the time may be varied for any particular place at the discretion of the Admiralty or the Secretary of State for War ; or, as it would appear, at that of the visiting surgeon, so often as occasion seems to him to require.* In Paris the usual interval is a week for those residing in the licensed houses and a fortnight for those who live by themselves {filles isol4es). But the greatest discrepancy in this respect exists even within the limits of France itself Thus there are thirteen towns where the ex- amination is twice a week, forty-two where it is once a week, twenty where it is three times a month, and five where it is twice a month. In Belgium each woman is examined at least twice a week, and the same in Italy and in Spain. But this actual practice by no means represents the limits of medical opinion on the subject. Doctors Belhomme and Martin {TraiM de pathologie syphili- tique et ven^rienne, Paris, 1864, cited by Mireur, p. 330) are of opinion that the visites in Paris — which, on the whole, are far greater in number than in England— are by no means frequent enough. "A " venereal or syphilitic accident, resulting either from " previous contagion or newly supervening circumstances, " may appear the day after the medical examination, and " the woman so afiected becomes a source of contamina- " tion for the fortnight subsequent or, it may be, for a " whole month if the injury is situated within the vagina. " What guarantee can be offered by a control so sparsely " exercised ? This guarantee is quite insignificant, sad as " it is to say it,so insignificant, indeed, that syphilis takes " its rise above all from women under police surveillance, " as M. Alfred Fournier has established in tracing the * 29 Vict. c. 35, ss. 18, 19. t See Gavin, qiioted by Dr. Jeannel (p. 356). EEGISTEATION AND MEDICAL CONTKOL. 45 " source of contagion in 367 cases of syphilis that he had Chap. ii. "the opportunity of observing, partly in the hospital " division, partly in his private practice. Out of 367 " diseased men 234 had contracted their chancrous sores " through intercourse with registered women. M. Puche "found, out of 510 cases of syphilis, that 374 were " traceable to prostitutes subjected to regular sanitary " inspection." Of course the result of such statistics as these is to suggest the expediency of multiplying the examinations, and there is no lack of courageous advocates of in- creased frequency in the examinations. Dr. Mireur Db. Mirbur. (p. 329), after noticing that, in case of fortnightly examinations, if the result of contagion develops itself shortly after the examination the infected woman may transmit her malady to a number of men up to the time of the next examination when she is at last consigned to an hospital, adds, " M. Record thinks prostitutes " ought to be examined not less than every three days ; " M. Ratier and M. Sandouville, every four days ; "M. Davila, M. Langlebert, and many other besides, " twice a week ; M. Lancereaux, every two days. In "principle, the authorities are of one mind as to the " expediency of making the examinations at least twice " as frequent as at present." In the case of a woman who has once been treated in an hospital for syphilis Dr. Mireur himself recommends an examination either every day or, at least, every other day, and this for eighteen months or two years after leaving the hospital. As to (2) the mode of conducting the examination, (2) Mode of ,, . . ~ . . ,T jy 1 J- 1 Examination. the varieties of opmion are mostly ot purely medical interest. It is, however, worth while to cite a sug- gestion of Doctors Belhomme and Martin, mentioned drs. Bel- by Dr. Mireur (p. 332), as it serves to illustrate the ^81^™ complete notion of the examination, and the sort of scientific prominence which the physical aspects of prostitution are, under the licensing system, gradually 46 LAWS FOB THE REGULATION OF VICE. Chap. II. acquiring over every other. It is that " every "registered vroman should receive at the place of " examination a card which, besides her name, contains " six divisions " (corresponding to the several parts of " the body liable to be affected) ; " and, after the exami- " nation of each region, the surgeon should mark on the " card by the words healthy or diseased the result of the "investigations." It is fair to add that Dr. Mireur himself, enthusiastic and " logical " as he is, is not wholly blind to the consequences of putting his medical convictions to their practical result, for he closes this section of his work by a naive expression of misgiving. "Is there not reason to fear that, should " these multiplied examinations be conducted outside "licensed houses, as, we admit, would, from a hygienic " point of view, be far preferable, they would become an " occasion of perpetual scandal by the ceaseless comings " and goings they must occasion ? " (3) Enfoeoe- The modes (3) of enforcing the examinations, which Examination, have given rise to a great deal of discussion, and involve questions of the highest importance, will more appro- priately be described in connection with the functions of the police, which the licensing system calls into exer- cise (See Chapter III.). At present, the only question is as to the true place which periodical medical exami- nations occupy in the system of licensed prostitution, and as to the general character and effect of these examinations. It appears, then, from what has gone before, that, firstly, periodical surgical examinations of registered prostitutes for the double purpose of guaranteeing the healthy and of placing the diseased under treatment form the central and essential principles of the system in everyone of its forms both in England and abroad. Secondly, the customary period intervening between the examinations in England, as at present conducted, is the longest existing anywhere, and is such as, in the KEGISTRATION AND MEDICAL CONTROL. 47 opinion of some of those advocates of the system who Chap. Ii. have bestowed on it the closest attention, must be very imperfectly serviceable for its professed purpose. Thirdly, there is a determined effort being made by all the most competent and influential medical authorities abroad to multiply the examinations, even far beyond the number enforced in Paris, which are, as yet, far fewer than those enforced in many places elsewhere in France; and there are indications that nothing but the fear of gross public scandal prevents them being ultimately repeated every day. It remains to add a few words of general comment on these periodical examinations. -The perplexity attending the question of these examinations is sufficiently apparent from the conduct of the sixteen Royal Commissioners, out of the twenty- three, who did not protest against the generally signed recommendation to the effect that the periodical examinations should be discontinued, in spite of the almost overwhelming amount of medical evidence presented to them that "the periodical examinations were absolutely necessary." Mr. Massey, the Chairman Mk. Massbt. of the Commission, subsequently, in the House of Commons, on the debate in 1875 on Sir Harcourt Johnstone's Repeal Bill, explained the position of most of the Commissioners. He said : " So far as the "medical evidence was concerned, there could hardly be " a doubt that the system of periodical examination was " the most ef&cacious for the restriction of diseases, but, " on the other hand, there were many considerations of " morality and decency which rendered the majority of " the Commissioners unwilling to recommend it. There " were, no doubt, unpleasant exhibitions attending it, " and there was something so hard in reducing it to so " much a matter of mere business that these unfortu- " nate creatures should, once a fortnight, have to be " examined ; that the minds of the majority of the Com- 48 LAWS FOR THE REGULATION OF VICE. Chap. II. " mission did revolt against that system, and they came "to the conclusion that the principal benefit of this "policy might be maintained without resorting to or " continuing the extreme proceeding." It is, any way, a fact that, after a specially laborious inquiry extending over several months, sixteen out of twenty-three Royal Commissioners came to the unani- mous conclusion that the periodical examinations — the keystone of the system — must be abandoned, in spite of the medical plausibility which, in their view, these examinations possessed solely because of their plain con- flict with the claims of morality, decency, and humanity. There are, it would seem, those who hold that, if the periodical surgical examinations can be so regulated that no diseased woman is ever at large, then no objection to them on any ground whatever must be for a moment listened to. One final result of civilisation is attained ; namely, a mode has been discovered by which the maximum of vice is rendered compatible with the minimum of disease. To such persons every kind of criticism must seem merely captious and frivolous, if, indeed, not tainted with ingratitude for the blessed dispensation in the midst of which the lot of human beings, or at least of men, is cast. But the present reasoning is not addressed to these persons, because they cannot be expected to pause in order to attend to it. It is addressed to those person, whether members of the medical profession or others, who know that one end must not be sought for at the sacrifice of other ends equally, or more, important ; and that even health itself, unspeakably blessed as it is, must not be pursued at the cost of moral and spiritual treasures which alone impart to it its value and its use ; least of all must the health of some be recklessly pursued by means which involve an wholly disproportionate loss on the part of others. Happily, the REGISTRATION AND MEDICAL CONTEOL. 49 constitution of mankind and of the world, when wisely Chap, ii studied and honestly conformed to, is found to impose no necessity of choosing between such alternatives. It is the great discovery of this age' that, if it be true that health of body is in the highest degree conducive to virtuous living, it is equally true that only by general virtuous living can national health be certainly secured. This is one of those axioms of modern science which at once illustrate and substantiate the unity of Natural Laws. It may be assumed, then, that, even if the periodical examinations could be made effectually to guarantee the health of every prostitute at large, yet the value of this end must be weighed against that of other con- siderations equally, or even more, precious. But before pointing out the effect of these examinations in other respects, it is important to draw attention to the facts (1) that it is a matter of the most serious discussion among competent medical authorities whether, even were all other objections out of the way, periodical examinations can be relied upon for detecting disease ; and (2) that while some authorities (as was above shown) hold the weekly and fortnightly examinations as conducted at Paris to be worse than useless, all the leading Continental authorities combine to assert that, while security will increase with the frequency of the examinations, no security worth having can be obtained by a less frequent examination than (at the least) once in three days. As regards the first (1) of these facts, of course it Medical In- -will not be attempted here either to give an account of the medical discussion or to sum up in favour of one side or the other. Some, however, of the possibly in- validating arguments, alleged by those who impugn the general value of the examinations, evince their own importance on the mere statement of them. Such are the assertions that, in exact proportion to the security E 50 LAWS FOR THE REGULATION OF VICE. Chap. II. believed to be given, and to the limitation in the number of the registered prostitutes as compared with all prostitutes, the amount of intercourse with each registered prostitute is increased, and the well-known causes of fresh disease multiplied ; that it is quite possible for the seeds of disease to be communicated from one man to another without the woman who is the intermediate agent disclosing any signs, discover- able by known processes, of being herself infected; that the symptoms of the lighter form of disease can be easily disguised by the woman a short time before the examination, and that those of the more serious form are often such as entirely to evade the most microscopic observation, and, most of all, an observation conducted, as each one out of hundreds of other simultaneous ones must be, with the utmost regard for routine and despatch. It must injustice be admitted that in some countries the utmost is done to remedy any defects which may be due to the insufficiency of the examina- tion. Thus Dr. Mireur (p. 331) quotes MM. Bel- homme and Martin, as follows : — M. SiGMUND. " M. le professeur Sigmund, de Vienne, qui assistait " un jour avec I'un de nous, a la visite du dispensaire de " Paris, fut frapp ^ del'insuffisancedecette investigation, " et il nous desait qu'en Autriche une fiUe ne quitte le " cabinet du m^decin de salubrity qu'apres avoir ete " examinee completement de pied en cap, si nous " pouvonsnousservirdecette expression." MM.Lagneau and Diday (Mireur, p. 333) suggest that the women should be sequestered some time before the examina- tion in order to prevent their tampering with their symptoms. The access of administrative difficulties produced by this temporary imprisonment of hundreds of women in each town (say) twice a week, is Sireductio ad absurdum of such a solution, and yet it is the only way of removing that particular source of error, and the suggestion shows a belief in the error not being quite visionary. MM. Lag NEAU AND DiDAT. REGISTRATION AND MEDICAL CONTROL. 61 As to the (2) second of the facts to which attention Chap. II. was above called, that the adherents of the system abroad — who have had a far larger and a longer Feequenot experience of it than their colleagues in England — ^j^e. scarcely care to say a word in favour of examinations which are not of a frequency far exceeding that which generally prevails at present ; it will be seen that, what- ever grave moral and constitutional objections lie against the periodical examinations in any form, the objections increase almost, as it were, in geometrical progression as the examinations become more frequent, till, by the time that these examinations have become little less than diurnal, the result is reached that living citizens of the State are ground down by law to the condition of a mere examinable mass of flesh and blood, served out day by day at the discretion of the public knacker, for the gratification of male citizens' appetites. It is time to state categorically the deep-lying and Objections invincible objections to which these periodical exarai- xions. nations of prostitutes for the purpose alleged must be held open, and which are equally forcible whatever is the amount of their medical efficacy. fl.) These examinations, if they achieved this purpose, fl) Mobal Effect of would- have two immediate results : one, that of secur- guaeantee. ing that every woman who is diseased is sent to a hos- pital; the other, that of securing that all registered pros- titutes at large are guaranteed free from disease. These are the obvious results which would be necessarily attributable to the examinations if they succeeded in their purpose ; and it is not of the least consequence to these results what the latent design, or thought, or motive, or intent may have been in the mind of particular persons who either invented or have introduced in one country or another these examinations ; nor does it affect the broad character of these results in themselves that the cure of disease is always and everywhere a good thing, and that, among their results, the periodical E 2 52 LAWS FOE THE EEGTJLATION OF VICE. Chap. II. Pkotective Aspects op Examina- tions. examinations include and contemplate the cure of disease. The bare fact remains, undisturbed by any of these incidental circumstances, that one chief and noticeable result of the examinations, if they succeed in their purpose, is to guarantee prostitutes as safe for hire. Indeed, the overwhelming proportion of the women examined are — whether rightly or wrongly in a medical point of view — pronounced free from disease. According to the Report produced to the English Royal Commission of 1871 (Appendix to the Report B., p. 7S07), of the total number of 10,393 examinations made at Devonport during the year 1870, 9525 disclosed no disease ; that is, about 90 per cent, of the e lamina- tions took place not in order to treat and cure actual disease, but solely in order to guard against the possible presence of disease. Thus the preventive and protective aspects of the examinations far exceed in importance their strictly curative aspects ; and it must be expected that a proportionate amount of general attention will be bestowed on the former rather than on the latter. Consequently, the most noticeable phase of the exa- minations is the public advertisement they give before- hand that men are thereby secured against the ordinary consequences of their own voluntary wrong-doing. No doubt it is true that every effort to cure the dis- eases which arethedirect andobvious penalty of different sorts of wrong-doing may be looked upon as a diminu- tion of some of the motives to abstain from evil ; and, in some cases, as in that of indiscriminate almsgivinsr, it is well recognised that grave and wide-reaching mis- chief may be done in this way. But the complaint here is not that the diseases are cured, nor that their occurrence is provided against, for all this is good, as far as it goes, or at least would be good, if it were true ; but that their occurrence is ostentatiously provided for by a machinery which, on the face of it, and by its ESGISTEATION AND MEDICAL CONTROL. 53 natural action, induces and encourages the very wrong- Chap. Ii. doing which occasions the disease. It may or may not be that the probability of disease is an obstacle to vice ; and there is evidence to show that the most depraved men are either little restrained by the prospect of disease or find means to protect themselves against its occurrence. But every one becomes aware of the contemplated result of the periodical examina- tions, which is that of facilitating vice; and incentives to vice are already so strong that the general knowledge of the concern which the State has for the physical safety of those who practise it, at the very time they persist in practising it, must afford a dangerously potent stimulus in the very opposite direction to that in which any public effort ought to be applied. Experience, indeed, demonstrates the impracticability of the State attempting to repress vice by penal mea- sures. The problem howto cure and prevent disease with- out encouraging the wrong-doing of which it is the direct penalty is always a perplexing one. But neither of these propositions supports the conclusion that it is justifiable for the State to abandon altogether its solemn character as the moral guardian and censor of all its citizens, and with the hope of attaining any ulterior end whatsoever, publicly to offer to wrrong-doers a provo- cative of the most enticing sort. Mr. John Stuart Mill, Mk. John in his evidence before the Royal Commission, thoroughly mill's appreciated the true position and duties of the State in ^'"i'™''^- this matter. He said (A. 20,028): The law " facilitates " the act beforehand, which is a totally different thing, " and is always recognised in legislation, as a different " thing, from correcting the evils which are the conse- " quences of vices and faults. If we were never to "interfere with the evil consequences which persons " have brought upon themselves, or are likely to have " brought upon themselves, we should help one another " very little. Undoubtedly it is quite true that inter- 54: LAWS FOR THE REGULATION OF VICE. Chap. II. " fering to remedy evils which we have brousrht on our- " selves has in some degree the same bad consequences, " since it does in the same degree diminish the motive "we have to guard against bringing evils on ourselves. " Still a line must be drawn somewhere, and a marked "line can be drawn there. You may draw a line " between attacking evils when they occur, ia order to "remedy them as far as we are able, and making "arrangements beforehand which will enable the objec- " tionable practices to be carried on without incurring " the danger of the evil. These two things I take to " be distinct and capable of being kept distinct in prac- " tice. As long as hospitals are not peculiarly for that " class of diseases, and do not give that class of disease "any favour as compared with others, they are not "liable to objection, because their operation consists in " remedying the effects of past evils ; they do not hold " out a special facility beforehand to piuctising illicit " indulgence with a security which it would not other- " wise enjoy. The interference is not preventive but " remedial." And, again, Mr. Mill says (A. 20,101), in answer to the question : "You think that the tendency of the " Act is to do moral injury ? " "I do think so, because " I hardly think it possible for thoughtless people not " to infer, when special precautions are taken to make " a course which is generally considered worthy of dis- " approbation safer than it would naturally be, that "it cannot be considered very bad by the law, and " possibly may be considered as either not bad at all, " or at any rate a necessary evil." Pdnotionsop The conduct of the State with respect to these THE State. . , . , ... ^ periodical examinations is sometimes defended on the ground that it is only an extension of the policy which is being gradually recognized as justifiable in the case of such " contagious " diseases as small-pox, scarlet fever, typhus fever, the plague, and the like. REGISTRATION AND MEDICAL CONTKOL. 55 There is really, however, no analogy of a kind to afford Chap. II. a basis for the argument. The ground for special legis- lation in the case of all these diseases is that the virus, or whatever is the source of communicable disease, is of so subtle and diffusive a nature that innocent people have no other means of protecting themselves against contagion or infection than such an isolation of the sufferers as, in general cases, produces comparatively small inconvenience to them, and is productive of no other injurious consequences than such as invariably attend the restraint of personal liberty. In the case now under consideration, ordinary virtue and decency of living do, of themselves, raise a wall of adamant against the effects of contagion ; and if men with their eyes open either allow themselves or the younger men dependent upon them voluntarily to incur the chances of disease, the State can no more be asked for special legislation to protect them or their families than it can be asked to have a body of police encircling every pool, of water more than iive feet deep in the country because persons occasionally commit suicide by drown- ing themselves — to the sore loss and misery of their wives and families. The claims of the wives and families of the profli- Claims of gate have indeed been made much of as a ground for families. special legislation ; and, if it be true (as there is too much reason to fear) that it is married men who, in the subjected districts of this country are most solicitous on behalf of the legislation, and conceive they largely proiit from it, this argument ought to be fully considered. The preliminary question whether or not the families of profligate men, if consulted, would acquiesce in facili- ties for a husband's vice, coupled with immunity for themselves, being purchased at the price of the depra- vation of public morals and the oppression of the poor, has not been asked ; or has been answered by some at 66 LAWS FOK THE RF,GULATION OP VICE. Chap. II. least in a way directly the reverse of what was hoped for. Anyway, as a matter of plain justice and equal dealing, the claims of these families can only be weighed in an equal, balance against the claims of other families in the community. Nor can the question of those claims be entertained at all except so far as the maintenance of them is consistent with what is due to the claims of public morality and liberty. When proper securities for these last are guaranteed, then the time has arrived to place the claims of the wealthy and favoured few in competition with those of the indigent and helpless many. It may, perhaps, then appear that it is the function of law rather to adjust the scales of fortune and to fortify the poor against oppression than to give to the powerful that aid which the morality and humanity of the husband and father have failed to give. If this legislation is condemned because it is immoral and unjust, the claims of the relatives of the profligate cannot redeem it ; and if it is not condemned on those grounds, the allegation of these claims will probably be found superfluous. (2) SociAi, (2.) There are certain concomitants of the periodical Pkostitutes. examinations which, though not essential to them, are so natural and obvious that they may be regarded as invariable. Such are the general social elevation of registered prostitutes, and the improvement of their demeanour, dress, and general appearance. In Paris a woman, at the time of her " inscription," is furnished with a card, on one side of which is her name, address, number, and a list of the months of the year, with blank spaces for entering a record of the examinations as they take place in the two halves of each month, and, on the other side, a list of directions {obligations et defenses) Form of ^°^ ■'^^^ general conduct. These directions are numerous, Pabisian consisting of thirteen clauses, and designate the places InSOBIPTON J , c r. . ,7 , ^ Caed. ^iid hours ot appearance for examination, her general EEGISTRATION AND MEDICAL CONTROL. ' 57 demeanour, and her mode of dress. Thus : " She must Chap. IL " have a simple and decent garb,. not such as to attract '' attention either by the richness or striking colours of " the material, or by exaggerated fashions." " She must " not dress her hair " (instead of wearing a bonnet). It will thus be seen that the regulations are closely bound up with the periodical examinations, and the constant re-appearance of the women in order to undergo the examinations renders it more possible to enforce them. The evidence produced before the English Royal Com- mission of 1871 pointed to like results of the examina- tions. The Commissioners say (Par. 48) : "Whatever " may be the moral effect of the periodical examination L' on the public women, we are assured that a large pro- " portion, if not a majority of them, appreciate the benefit "of a vigilant watch over their health, and that the "regular attendance at the examination-room has "wrought an improvement in their demeanour, dress, "and general condition." Now while, on the one hand, any real elevation or improvement of the miserable women who are driven to practise prostitution can in itself be only a matter for rejoicing and a most legitimate object to keep ever in view, it is most essential to distinguish between the elevation of a woman as a woman, and her elevation solely as a prostitute, and for purposes. of continued prostitution. Both the foreign and the English methods agree in this, that they prepare a better, cleaner, and more attractive article for the market of vice. This is the result at once claimed and professedly aimed at. Another result cannot but follow, which may be described as the ever deepening debasement and de- pravation of both men and women. The sort of evidence oi? evidence which the very administrators of the system I'bi'k^vation. produced on behalf of it before the Royal Commission of 1871 established this abundantly, and the Commis- sioners felt themselves bound to embody some of it in 68 LAWS FOB THE EEGULATION OF VICE. Chap. II. their Report. Thus, Mr. P. D. Hopgood, resident sur- Me. p. d. geon of the Lock Hospital, Portsmouth, on being asked Hopgood. (q^ 11,633), "I want you to look at it simply on its " moral side. Do you think it would be likely or un- '' likely that a woman knowing the purpose for which "she was examined would be moralised or demoral- " ised ? " "I think certainly she would be demoralised, " looking at it from that point of view simply." And Miss Beown. Miss Brown, matron of the Colchester Lock Hospital, said (Q. 17,818), " I used to hear them speak among " themselves about being ' Government women,' and " ' London girls.' That is the way they used to distin- " guish themselves." (Q. 17,822) " Did they take pride " in calling themselves Government women ? " " They " seemed to think it gave them a status." (Q. 17,823) " That they were a privileged class ? " " That was my " impression." (Q. 1 7,973) " Can you give any distinct " evidence of the hardening effect of the examinations " on girls ? " " The manner in which they went to the " examination was, I think, the only thing that I could " speak strongly about." (Q. 17,974) "What did you " notice with regard to the way in which they went ? " " So much levity, laughter, on both going and coming " to and from the examination rooms." (Q. 17,975) " Did you think that increased as they got more acciis- "tomed to it?" "I thought so." The evidence of Police Con- J. A. Phillips, Metropolitan Police officer, and employed PmLips ^^ ^^^ execution of the Act, deserves special attention, unless the value of his evidence is detracted from, because (A. 19,795-19,801) he "resigned employment " from conscientious objection to the working of the " Act," the work being " oifensive and disgusting." Phillips says (A. 19,743-19,747), " That the^ women " showed symptoms of shame and degradation on the " first occasion of their coming to the hospital (to be " examined). It was very clear to those who had the " opportunity of seeing their conduct and hearing their EEGISTRATION AND MEDICAL CONTROL. 59 " conversation that there was with many at first a con- Chap, il " siderable amount of shame and sensitiveness, and "afterwards a marked spirit of boldness and of a " hardening influence. I had frequent occasion to re- " monstrate with them about drinking (on the morning " of the examination), and their reply was generally " that they were oftentimes obliged to get drunk before " they could come up to the hospital and submit to "the ordeal they had to pass through by the exami- " nation." (A. 19,760 to 19,763) " I frequently had I'cbuc Soan- " remarks made to me with respect to the Act and the " girls, and likewise the sensation it caused in the dis- " trict ; and oftentimes I heard remarks made by people " respecting children, the impression it had on the minds " of many children that knew nothing of such things " previously." This last is a difficulty which even, as was seen above, Dr. Mireur apprehends from excessive frequency in the periodical examinations ; and yet it is an inevit- able, and, as the examinations are made more frequent and the system more extensively applied, an increasing one. If there is order and periodicity in the examina- tions, there must be notoriety ; and it is needless to point out the reflex public demoralisation which must thence ensue. The importance of such evidence as the above is that it all comes from public officials engaged in administer- ing the system, and was produced, with other evidence, in the general defence of the system. It is, therefore, in the nature of a reluctant admission. It, in fact, does nothing more than establish the natural conclusions of common sense. Women who are examined together, in troops, at stated times, in order to ascertain whether the State can allow them to return to the streets, cannot but feel that the State does allow and not reprobate their occupation. All the finely drawn-out reasoning, by which a distinction is drawn between forbidding 60 LAWS FOE THE REGULATION OF VICE. Chap. II. evil and regulating it in such a way as to restrict some of its consequences, will never be appreciated by the mass of women whose vice is regulated, by the mass of men on behalf of whose sensual propensities it is regu- lated, or by the general public, who stand by and witness, with levity or in consternation, the process of regulation. For all these persons, the plain teaching is that the State, and those who govern and administer it> only censure vice when it is practised outside the area which the regulations prescribe. Within that area they encourage it and co-operate in facilitating it. Even the courteous attentions of the medical staff, who often pride themselves on giving useful sanitary directions to the women, and the natural or friendly complaisance of all the other officials, must help actively to enforce the same lesson. The whole of the circumstances — -the very atmosphere of the place, the crowd of waiting women, the punctiliousness of the arrangements — all combine to teach, by the most effectual species of illustration, that women are being examined, as if they were so many brute beasts, in order to ascertain how far they are in a condition to be serviceable for men's vice. This is the lesson which everyone learns and must learn from the system, whether it be the intended lesson or not, and in law and morals ambiguous lessons are sometimes altogether as noxious as the worst ones. MANITY. (3) Inhu- (3.) It would be a cruel hardship forciblv to inflict these examinations on a Tvoman even for a beneficent purpose, and the nature of the system in connection with which they are here applied involves their being inflicted on women at a very remote distance from each other in the scale of moral degradation. Sometimes it is said that the examinations are nothing more than what ordinary women undergo willingly in pursuit of health; and, again, in the same breath, that what mio-ht be a harsh or intolerable outrage on any other woman REGISTRATION AND MEDICAL CONTROL. 61 is nothing to a prostitute. As to the first argument, the Chap. II. purpose and the circumstances of the examination just make the difference. The second argument is bad in two ways. In the first place, because men abuse women and women are wretched and guilty enough to consent to be abused, it is no reason why the State should avail itself of this very callousness and loss of womanly self-respect to perpetrate its own designs. Though it is wholly untrue that any but a very small section of prostitutes have lost every sentiment of personal dignitj', still, even if they had, it is scandalous for the State, on behalf of any end whatever, to prop its measures on the ruin so brought about. It is rather for the State, as it is for the individual philanthropist, to fan into a flame the most flickering spark of womanly self-respect ; and even in those desperate cases in which it Seems to be wholly obliterated, to wait patiently and hopefully for some fresh kindling from some as yet unanticipated source. To make a woman a prostitute by law and then forcibly to handle her as only (it is admitted) a prosti- tute could ever be handled is surely to incur the national guilt of public and legal rape. But, in the second place, it has been seen that the Extention oi? . . 1 . , Area of essence oi the system consists in making the area over Leoal Peos- which its net extends as wide as possible, and gathering f™"^"'''- into that net all the women who are likely to become agents in communicating disease, whatever the shades of their moral culpability. The classification is made for sanitary and not for moral purposes, though a rough reference to a moral test is demanded by the necessity of conciliating the general sympathy of the public. -N"ow, great as is ihe hardship involved in instantly registering a woman as a prostitute because she happens at a particular moment to fall within some arbitrary definition of the term invented, for their own uses, by the police, the hardship becomes intensified a thousand- fold when registration involves surgical and periodical 62 LAWS FOE THE REGULATION OF VICE. Chap.il examination. That abuses may happen through serious mistakes of the police, and these of a most intolerable kind, is obvious enough, and more will be said upon this head in the succeeding chapter. But, apart from all abuses, the unequal operation of the surgical exami- nation upon a vast number of women, who, by the very hypothesis, are at all stages of moral depravation, is a consideration of the most serious kind. The tendency must be to beat all the women into one shape. The attendance in the common waiting-room, the coarse colloquial phraseology to which familiar experiences shared by a number of partially educated persons are sure to give rise, the mutual interest and sympathy due to a common physical treatment, must all directly con- duce to fashion all the women into one pattern, and this one borrowed, not from the least, but from the most degraded. Dr. Jeannel says (p. 233), that in the licensed houses " the doctor's visit is the chief business, and " the constant subject of conversation." The same is likely to take place, as far as the different circumstances permit, in the case of prostitutes living by themselves. The result cannot but be, in the case of all classes of women, a miserable mental concentration on the purely physical aspects of their occupation, not only in rela- tion to their own present health, but to that of their future male companions in sin. This result becomes intensified as the examinations become more frequent, till at last the mind of every registered prostitute must become wholly absorbed in dwelling upon them. It is not possible to conceive a system more repugnant to all the most enlightened means of rescuing those who have only gone a little way in the career of vice, nor better calculated to palsy the conscience of every woman once immersed in the system. (4) Aggrava- (4.) A last result of the periodical examinations EEGISTEATION AND MEDICAL CONTKOL. 63 has yet to be noticed, though it is implied in much Chap. II. which has gone before. It is that the periodical tion of Ei-- examinations are an aggravation of all the most charac- '^^'■''^^ °'^ ^^'^' tenstic eiiects of what was at the commencement of this chapter denoted as the construction, by registration, of a class of prostitutes. The English Eoyal Commis- sioners in their Eeport (Par. 48) admit that " there is " some evidence that the women consider that they are " a privileged class ; some of them are called ' Queen's " 'Women.' " It is apparent that the habit of having to appear at a given place at short periodical intervals and having all to undergo the same definite though some- what intricate surgical process, must have the effect of separating them finally from the rest of the population both in their own eyes and in the eyes of others. In France and other European countries it has been seen that the card handed to the woman on registra- tion, which indicates the times of examination, also contains a short, but very precise, code of regulations by which her whole life is to be governed. It cannot but happen that a short experience of the system must eat its way into the moral fibre of a woman subjected to it, in the same way in which a country's laws become part and parcel of the consciousness of its citizens. An esprit tie corps, a notion of common interests, of common relation to the police, and the like, must be, and is, rapidly generated ; and the gap becomes wider and wider between the prostitute and all other women. But it has already been demonstrated that, in the interests of prostitutes as well as of society at large, this is the reverse of what ought to be encouraged. Every effort ought to be made by public opinion and by law to prevent the notion being so much as formulated that there is any group of women, detached from the rest of the population, with whom it is less sinful to have promiscuous intercourse than with women outside the group ; and it aggravates enormously the difiiculty 64 LAWS FOR THE EEGULATION OF VICE. Chap. II. of rescuinff one woman and another from the life of sin, if that life is fortified with fixed institutions, made more attractive by the amenities of companionship, and made more easy by the existence of customs, rules, and (as it were) etiquette, by conforming to which all the advantages of social support and mutual encouragement can be enjoyed to the fullest extent without abandoning vice. It should be the policy of the true reformer to break dowiL everything that tends to impart unifor- mity and regularity to the prostitute's life ; to favour all that tends to promote individual life and action ; and to provide that each woman shall be habitually treated as if she stood alone and apart from every fellow-sinner, not, of course, by way of checking sym- pathy or discouraging mutual help, but solely in order to prohibit mutual encouragement in a course of con- tinued sin. 65 CHAPTER III. Chaf. in. LAW AND POLICE. It will have been sufficiently understood, from the lineaments of the general system of the State regula- tion of Vice which have been sketched out in the previous chapter, how much of the burden of the work rests upon the police. It is not saying too much to allege that the system depends, for its very possibility, more upon a high degree of police organisation than upon any other single condition. Whether the police organisation can, for a vast extension of the system, ever be fine enough for its purpose, or whether the very existence of such an organisation does not breed dangers to public liberty which no constitutionally- governed country can tolerate, are questions to which some answers will be attempted in the course of the present chapter. The first step in' carrying the system into operation Lbsal Defi- is to draw a line between those who are to be treated peostitute. as prostitutes and those who are not. This involves a definition of the term prostitute, and induces a pro- portionate amount of variety and vacillation in the application of the system in different countries, and even in different parts of the same country. Even in England, and within the limits of the corps of Metro- politan Police, the evidence produced before the Royal Commission showed that the police, as among them- selves, attached very different meanings to the same 66 LAWS FOE THE REGULATION OF VICE. Chap. IIL Inspector Annis. Superin- tendent Wakefokd. StJPEKIN- TENDENT Maodonald. term. Inspector Annis (A. 645-651) would imme- diately put on the register a woman "who receives " men in a private way in her own house, if she cohabits " with different men." Superintendent Wakeford, while saying at one time (A. 43-5-1), that "a common prosti- " tute is a woman that we have several concurrent " proofs is a prostitute," says, later on (A. 184, 426), that he would bring under the Acts " a woman who " obtains part of her livelihood by honest employment "... if she commits immorality with a man," and he would regard " as in some degree a prostitute a " woman who goes with more than one man, however " occasionally." Superintendent Macdonald (A. 10,261, 10,262), says, " The Act goes further than 'prostitute;' " it is 'common prostitute.' My own idea of a common " prostitute is a woman who is obtaining a living by " prostituting her body for gain." And when asked, " It would not then be enough, in your opinion, that " she should obtain money occasionally or in individual " cases from such use of her body, but it must be to " obtain her ordinary living ?" He answers, "To obtain " her ordinary living. I may pass a woman who adds " to her gains by prostitution as a common prostitute. " If she went out into the streets and solicited custom, " although she was gaining part of her living by other " employment, I should certainly think she was a com- " mon prostitute. But where a woman was in the habit " of meeting a man in the High-street, Portsmouth, " and adjourning to a place we knew well to be a " brothel, that act of the woman, or that act repeated, " would not be sufficient, in my estimation, to make " her a common prostitute. It must be something " more than that, she must be common to any person " who likes to hire her." Inspector Smith again (A. 14,277-14,466) would not " consider a woman to be a " common prostitute without she conducted herself in " a common way," and would not bring a private pros- titute who is visited by various men at her own LAW AND POLICE. 67 lodgings under the Acts unless she frequented " common Chap. 111. " brothels " or " houses of accommodation," or solicited in the streets, or in " some way did precisely the same " thing as common prostitutes do." The only comment that need be made at present upon this discrepancy of practice in a matter so vital to the liberty and character of women is that it is essential to the working of the system ; because the adherence to any rigid definition of a prostitute — such as those given in the Towns Police Clauses Act (10 & 11 Vict. c. 89, s. 28), and the Vagrant Act (5 Geo. IV., c. 8.3, s. 3) — the application of which in any given case could be strictly tested in a court of justice, must not only demand of the police an extraordinary amount of circumspection and discretion, but must result in limit- ing the number of registrations to a point wholly in- compatible with a plausible show of medical efficacy. The medical object is to include all doubtful as well as all obvious cases of prostitution ; and this can only be achieved by conceding to the police the right of making their own definition, subject only to the necessity of not grossly outraging public opinion, and of securing a tolerable amount of harmony of action among them- selves. It is interesting to find (as has been already stated) M. Lboour M. Lecuur, who looks at the matter solely from the ^^^,^ point of view of a police superintendent, complaining Dootokb. almost bitterly of the unsympathetic or ignorant way in which medical men speak of the primary difficulties of the police in making their arrests or enforcing regis- tration. He says (" De I'etdt actuel de la Prostitution Parisienne," p. 47), " In their works on prostitution, " medical men take good care to keep entirely clear " of this matter of arrest ; they scarcely ever speak of " it, whether in connection with registration or with " sending to the hospital. One would suppose that those " measures which almost always call forth resistance, f2 68 LAWS FOR THE EEGULATION OF TICK. Chap. III. . DB. jEA^fNEL ON Aeresis. Eegistea- TIONS IN Eeelin. " and -which sometimes present the greatest difficulties " of execution, were easily carried out, with very little " effort and by means of a simple word of command." To do Dr. Jeannel justice, he not only cites M. Lecour himself in proof of the administrative difficulties beset- ting the original arrest, but makes it plain that he him- self thoroughly understands them. He says (p. 315), " In " a word, the deci.'^ion which converts a woman, more " or less abandoned, into a public prostitute, and at- " taches to her an indelible mark of infamy, giving her " over to the arbitrary control of the police, is one of " their gravest and most delicate functions." But he sees no remedy for it, except in improving the character of the police, and amending the regulations they apply. " I have made it clear that an arbitrary control on the " part of the police is inevitable, irasmuch as the law " cannot lay down the conditions for toleration without " in principle allowing of prostitution." This curious and wholly untenable distinction, between the moral responsibility adverse to prostitution supposed to reside in the abstract " Law," and the entire absence of all moral or other responsibility in the administrative agents it employs, is a condition of Continental thought on this subject which has done much to confound the workings of the public conscience. No such confusion is possible in England, or is recognised by the English Acts. If prostitution is allowed and supported by the aid of police machinery in England, it is the State alone which does it by law, and it is by abrogating the law that the State can alone publicly undo it. According to an official report furnished to Mr. Acton through the British Embassy at Berlin, and published in his work (pp. 140-1-44), it appears that while in 1867 the whole papulation of Berlin was 702,000, the number of registered prostitutes was 1639 ; "the 'number of females strongly suspected of " prostitution, and who were, therefore, under the cen- LAW AND POLICE. 69 " sorship of the police, was at the end of last month Chap. III. " (July, 1869) 13,588. But there are besides a great " number of females who, by their outward appearance " and mode of living, excite a reasonable suspicion that " they are addicted to prostitution, but who carry on " the business with such circumspection that the police " have no cause for interference. Amongst these are " to be reckoned the greater number of dressmakers, " milliners, deserted wives and barmaids, &c. Tlieir " number may be computed at 12,000." Supposing these suspicions are correct, this calculation would raise the number of women who at the date named were more or less engaged in prostitution up to 27,000; and it is not saying too much to assert that, if the system of regulated prostitution is, upon its own medical theory, to have the slightest chance of success, every one of these . women must be brought under periodical examination at not less than, at the most, three days' interval. Of all these, however, only 1639 were actually subjected to examination. M. Lecour m. Leoodr on gives the number of women in Paris who were actually ™e .^eeests . . •'in Eakis. on the register m the year 1869 as only 3731 (" La Prostitution d Paris et d Londres," p. 251)), though the number of arrests made in 1873 was over 12,000. The Commissioner of Metropolitan Police in his report for 1873 says, " the presence of the ofiicers emj^loyed is " well known to the classes of girls most likely to go " astray, and the dread of detection is very salutary ; in " proof of this, young women in the position of domestic " servants and others, after nightfall, leave their male " accLuaintances directly the police employed under the " Acts appear in sight." The general result of reports and statistics as bear- ing on the actual practice of the police in Germany, France, and England, is that outside the margin of the prostitutes actually registered there is a very wide fringe of women belonging to important classes of 70 LAWS FOR THE KEGTJLATION OF VICE. Chap. III. society whose liberties are recognised as being hourly in the hands of the police, and subject either to the varying interpretation the police may chance, from time to time, to place upon the term prostitute, or to the caprice, idiosyncrasy, or shifting policy of successive superintendents of the force. The French writers on the subject are full of the accounts of different policies introduced by successive Prefects of eminence, espe- cially in relation to the very dilEcult subject of the registration of minors. Furthermore, the medical re- quirements of the system imperiously demand the registration, if it were possible, of all women who form this fringe of prostitution; and it must be expected that, in the long run, the pressure of the medical authorities must induce the police to extend their interpretation of the term prostitute rather than to contract it. Modes of The next question that is presented is as to how the KEoisraAnoN. registration is actually accomplished, and what sort of judicial check is provided in order to prevent or to punish abuses. According to the prevalent type of the system abroad, the inscription is said to be either " voluntary or ofBcial." The former {imcrrpiion volon- taire) includes the cases of women who apply for regis- tration and of those on behalf of whom applications are made by mistresses of licensed houses. The latter only includes the cases in which the police inscribe a woman on the register against her wishes. The first mode of inscription seems to cover the most numerous cases, though the proportions vary considerably in the BoBDEAux different towns. For instance, at Bordeaux during a period of seven years from 1855 to 18(51, out of 1216 inscriptions 1005 were voluntary and 211 official. In Paris during sixteen years, ll,S2-t inscriptions were voluntary and only 720 official. ^L Lecour tells us (" Etctt Actuel," p. 257) that, '■ As things now are, " voluntary inscriptions are becoming less frequent, and. AKD PaEIS. LAW AND POLICE. 71 " what is a more serious consideration, a habit of obsti- Chap. III. " nate resistance to registration is manifesting itself " which is quite unprecedented." It seems, however, that these so-called " voluntary in- Voluntabt „.,.,, ,,1 , , 1 Insoeiptioit. scriptions are generally about as voluntary as the last wearied collapse of the fox when he is forced to give up the chase. Dr. Jeannel ominously says (p. 323), " Most frequently the clandestine prostitute, pursued '■ and tracked by police agents, comes of her own accord " to claim the registration which confers upon her the " right to enrol herself in a licensed house, or to frequent " houses of accommodation, or to traffic with her person " at her own residence without being disturbed, on con- " dition of complying with the regulations which govern " public prostitution, and, especially, of submitting " herself to the periodical examinations." There is no hypocrisy in this. The registration is merely called " vo- " luntary" in order to show that in the last step which leads to the registration, the initiative is taken by the woman and not by the police. In which ever way the registration is effected, no judicial authority intervenes, and in no case need, nor can, the registration be made an or.ler of a Court of Justice. Even though the con- sequence of registration is liability to the alternative of a series of surgical examinations or of imprisonment, the police are held fully competent to enforce the registration, and, without any opportunity for appeal, to carry into effect all its consequences. In Geneva Penal Code indeed, on the last revision of the Penal Code in 1874, the power of imprisonment for disobedience to any of these regulations has been abolished altogether owing to the exertions and arguments of Professor Hornuing. But this introduces an anomalous state of things which, if persisted in, must lead to an abandonment of the whole system. The English form of the system has had to contend with very different notions of the relation of the Police 72 LAWS FOB THE REGULATION OF VICE. Chap. III. to Law and to Courts of Justice from any that, as yet, prevail in Continental countries ; but the ingenious founders of the system in this country have done their best to pay an indispensable amount of apparent homage to the constitution of the country while escaping from the judicial trammels which the theory of this constitu- tion, if at all strictly complied with, must involve. Modes of There are two ways by -which, in England, a woman m England. ^^J become registered as a prostitute for the purpose of undergoing periodical examinations. Either a fuimal judicial process may be instituted, the result of which is a sentence directing her registration ; or the form may be gone through of procuring the woman's written consent, in which case no Court of Justice intervenes at all from fost to last. The first step in the formal 29 Vict. o. 35, judicial process is the laying of an " Information on " oath before a Justice by a superintendent of police " charging to the effect that the informant has good " cause to believe that a woman thereiu named is a " common prostitute." The Justice may then, "if he " thinks fit," summon the woman ; and on the woman's appearance, either in person or by some one in her behalf, or on it being proved that the summons was duly served, the Justice present, " on oath being made " before him substantiating the matter of the informa- " tiou to his satisfaction, may, if he thinks fit, order " that the woman be subject to a periodical medical " examination for any period not exceeding one year." The Court before which the truth is inquired into .>f any statements contained in an information or applica- tion against or by a woman is " not deemed an open " Court unless the woman so desires." Any action or prosecution against any person for anything done ja pursuance or execution or intended execution of the Act " must be commenced within three months after the " thing done." A few observations will suflSce with respect to these proceedings, which in fact are of very small importance. LAW AND POLICE. 73 inasmuch as the vast mass of the women are brought Chap. hi. under the system by another far more eificient method shortly to be described — or the system could not be worked at all. In the first place it has been argued — and the letter of the law certainly upholds the inter- pretation — that the " matter of the information," which has to be substantiated before the justice at the second sitting, is not the fact of the woman's prostitution, but the fact of the police officer having " good cause '' to believe it. In this way, every woman, however blame- less, is practically in the hands of the police; and depen- dent for her character and liberty on the chance infor- mation, often gathered from profligate men, which happens to come in the way of the police. Of course this is only an incident, and perhaps an undesigned one, of the law as it now exists, and it might be amended ; but it is instructive, as showing the severe methods in vogue among those who construct laws of this kind, and the trifling thought given to considera- tions of public liberty and justice. Again, it rests with the policeman, who may obtain English his information from the most corrupt and unworthy jq^'j^n™ quarters, and yet be unable to sift its value, to put any oence. woman he pleases on her trial. In any case it is a serious position to have to encounter a charge which, if true, carries with it penal consequences and infamy. The English constitution has strained its utmost, and has attained its most note- worthy triumphs in its efforts, to shelter the innocent while securing the punishment of the guilty. While a less diligent care is shown in this respect in the matter of a mere breach of the minor regulations for public order and convenience, — so as to ensure the greatest available promptitude of decision in all those cases, at least, in which neither good fame nor public liberty are seriously at stake, — in all those other cases in which even suspicion casts a cloud over the fairest name, and conviction implies ruin, a delicacy of consideration for the accused, and 74 LAWS FOE THE EEGULATION OF VICE. Chap. III. a self-restrained cautiousness in all proceedings is mani- fested, which, largely criticised as it is, is none the less the marvel and the envy of the whole civilised world. If any principle is inherent in the English constitution it is that, in all matters in which good fame or personal liberty are seriously involved, the most scrupulous care is demanded of the law itself, and of every adminis- trator of the law, that every presumption be made in favour of innocence, and that no person be convicted without being brought face to face with his or her accuser, and having a full and free opportunity given of rebutting the charge. English Con- The provisions contained in some celebrated Saie-guakds, clauses of Magna Charta, the institution of Trial by Jury, the doctrine and procedure of the Habeas Corpus Acts, the claims announced in the Bill of Rights, great and precious as they are, are only modes, more or less valuable, of enunciating and sub- stantiating principles far deeper and more lasting than themselves. Trial by Jury has been largely curtailed in its operation, with very general assent. Magna Charta itself is little more than a curious antiquarian relic. The Habeas Corpus Acts have only a very cir- cumscribed operation ; and the Bill of Rights, at the most, affirmed rather than modified the law. But the claims of the private citizen not to have his or her liberty infringed, good fame confiscated, or person violated, except after a fair trial at which the accuser and the accused are brought face to face ; the judicial abhorrence of police pressure, and the favourable pre- sumption made and even strained in favour of inno- cence ; these are the lasting and indestructible products which those great constitutional documents and insti- tutions at once express and vindicate. It is on account of this that they have been translated afresh into written language and imported into the framework of the constitution of the United States and of every component State of the American Union. LAW AND POLICE. 75 Under the system of licensed prostitution, as it exists Chap. III. in certain districts of England, the police may put any woman, as to whom they have received information satisfactory to themselves, on her trial as a common prostitute. She can be condemned as a common pros- titute in her absence ; and even if she be present, the whole procedure supposes, not that the police have to establish their case in order to destroy the presumption of the woman's innocence, but that the woman has to meet the oath of the superintendent by repelling the presumption it raises of her guilt. It rests entirely "with the Justice whether he will require the superin- tendent to furnish any evidence, and what sort or degree of evidence, to confirm his oath. Such a gross scandal on public justice would have been impossible in this country had not certain ingeni- ous devices been resorted to in order to disguise its true nature. It is said that it is aU very well to have securities, checks, constitutional safeguards in the case of alleged breaches of the criminal law ; but prostitu- tion is no crime, and the woman is not proceeded against as a criminal. The jurisdiction is entirely novel ; the necessity of it was unsuspected by the well- meaning persons who helped to build up the British constitution ; and, had they appreciated the necessity as modern lawgivers must and do, they would have found a loophole in their rigid principles for purely sanitary measures like these. As M. Lecour has pointed out in the passage already a Leoal and cited, it cannot be too often repeated that, whatever ^^mq^j, may be the proper medical treatment of a prostitute Question. when she is discovered, the question whether a given woman does or does not satisfy the description given in a written police regulation, or in the terms of an Act of Parliament, so as to be brought within the range of a rule or a law applicable solely to women of that description, is a strictly legal, and not a medical ques- tion. It concerns, partly, the interpretation of written 76 LAAVS FOE THE REGULATION OF VICE. Chap. III. law, and, partly, the legal mode of conducting tlie in- quiry and receiving evidence. It would be a poor notion to entertain of the political efficacy of the English constitution to suppose that its principles in favour of personal liberty could be evaded and hoodwinked by writing out the word crime, and writing in the words abuse of aaniia ry regulations. The question before the Court of Justice is whether a woman, legally presumed to be honest and innocent, is, by a single judicial act, to be for (possibly) a whole year exposed to the alterna- tive of surrendering herself at longer or shorter intervals to a surgical violation of her person, — combined with the impossibility of earning a respectable livelihood, — or of imprisonment with or without hard labour. It is difficult to picture an occasion for which stricter judi- cial processes or more searching methods for testing and comparing evidence, are demanded. True it is that, were the claims of common justice and the rooted prin- ciples of the British constitution really deferred to, the inquiries which must result would be an intolerable public scandal ; and the obstacles to obtaining a number of convictions sufficient for the sanitary end in view would be insuperable. This is thoroughly appreciated by the leading advocates of the system, and, on this account, they rest all their hopes on still more objec- tionable methods, in conformity with which the whole transaction takes place between the woman and the police alone, and no responsible magistrate intervenes at all. DB.VINTBAS Dr. Vintras (in his work on "Prostitution in ON !Procp- Dtrajs. London and New Tori:," p. 3) says, " Moreover if this "jurisdiction conferred on the municipal authorities " did not exist, if the facts upon which its exercise is " founded were referred to a Court of Law, the regula- " tions themselves would practically be null and void, " and the real object of the Legislature would be LAW AND POLICE. 77 " entirely lost. Who, indeed, would venture to discuss Chap. III. " before public audiences in the Courts, incidents, the " bare enunciation of which would be an oiFence against " morality, and the proof of which could not be judi- " cially established except at the cost of the happiness " and the honour of families ? Such inquiries also must " necessarily be a school of immorality for the young. "... Thus it is seen that in every particular the " power exercised by the executive is vindicated by " a consideration both of necessity and legality." It is, perhaps, a superfluous comment on this passage to notice that it is a new fashion of law-making in this country to provide that because judicial proof cannot be obtained except at the cost of the happiness and the honour of families, therefore the happiness and the honour of the poorer classes of women and of their families may be sacrificed without any judicial proof at all. The language of Parent-Duchatelet, in relation to Pabent-Du- this part of the subject is extremely curious, and he th^™cno-°*' evidently supposed that by calling things different tions or the "Pot TOTi' names he quite altered their nature and got rid of the objections to them. The passage occurs in his chapter on the " Insufficiency of the authoiity now accorded " by law to the Prefect of Police for the repression of •'Prostitution." "In the absence of the judge this " (administrative) authority must take his place ; if it " does not deliver formal judgments, it arrives at deci- " sions ; if it does not apply legal penalties, it inflicts " chastisements ; if it does not pronounce sentences of " imprisonment, it orders seclusion. Can this be called " an arbitrary authority ?" And, again, " Ought one to " extend the jurisdiction of Police Courts in order to " have these sorts of off'ences tried in them ? The same "inconveniences present themselves with the same " force. The inconveniences inherent in this mode of " repression are so serious tha;t on reflecting upon them 78 LAWS FOR THE EEGULA.TION OF VICE. Chap. III. " one rejects the idea of committing to the judicial " authority the cognisance of offences of this nature. " Consider only that the delinquents are numbered by " thousands, that they are incessantly relapsing; that " they need to be constantly watched, and the penalties " proportioned to their antecedents, their habits, their " excesses, their state of degradation, and effrontery, " and, especially, to the greater or less variety of cases " in which they appear. Would it be possible for " a magistrate to take into account all these circum- " stances ? Could he relieve himself of the judicial for- " malities needed for establishing the fact, for making " a record of the proceedings, and for pronouncing " sentence ? In cases of this sort what writings, what " delays, what lost time ! And in the matter of prosti- " tution all punishment is illusory which does not at " once follow the offence," The old story again inces- santly recurs that the arbitrary, rough, and reckless administration of justice is good enough for the poorer classes of women, because the system could not be worked if the imperative demands of true public justice were complied with. The best practical admission by Englishmen of the impotency of Courts of Justice for the task here imposed upon them is supplied by the recourse to the second method above alluded to, by which women are brought under the system. It closely resembles that of the "voluntary inscription," but will be seen to be of a far more dangerous and hypocritical kind. 29 Vict. c. 36, The English Act of 1866 (29 Vict. c. 35, s. 17) says, VoLUNTAKT " ^"y womau in any place to which this Act applies. Submission. « jj^^y voluntarily, by a submission in writing signed " by her and attested by the Superintendent of Police, " subject herself to a periodical medical examination " under this Act for any period not exceeding one " year." The submission is as follows (Schedule 2, Form H.) :— LAW AND POLICE. 79 " I, A. B. , of , in pursuance of Chap. III. " the above-mentioned Act (the Contagious Diseases ' " Act, 1866), by this submission, voluntarily subject Fobm of " myself to a peT-iodieal medical examination by the submmsion. " visiting surgeon for [PortsTnouth , as the case may be] " for calendar months from the date hereof " Dated this day of 18 . " Signed " Witness, X. Y., " Superintendent of Police for [or as the case may 6e]" By the later Act of 1869 (32 & 33 Vict. c. 96, s. 6), 32 & 33 Viot. such a submission is made to have the same effect as making bub- an order of a Justice subiectins: the woman to exami- mission . ° Operate as a nation; and " all the provisions of the principal Act Justice's " respecting the attendance of the woman for examina- *^™^^- " tion, and her absenting herself to avoid examination, " and her refusing or wilfully neglecting to submit " herself for examination, and the force of the order " subjecting her to examination after imprisonment for " such absence, refusal, or neglect, shall apply and be " construed accordingly." It thus appears that, (1) this submission professes to be " voluntary," and, on this ground, all necessity for the interposition of magisterial authority and for an investigation conducted in strict compliance with judicial forms is dispensed with ; that (2), the effect of the submission is to convert a vs^oman into a registered prostitute and to impose on her the alternative of sur- rendering herself to periodical surgical examinations, or of imprisonment with or without hard labour, in exactly the same way as results from a sentence of a competent Couit of Justice ; that (3), the submission form itself, however brief, is of a highly technical character, and its whole purport must be quite unintelligible to a woman of limited education not 80 LAWS FOE THE EEGULATION OF VICE. Chap. III. Voluntari- ness OF THE Submission Essential. ECLE OF English Law AS TO Con- fessions. versed in the system ; and that (4) the number of months for which a woman consents to be registered is left to be filled in, by what must, in practice, be a joint arrangement between the woman and the police, and in concluding which the initiative is likely enough to be taken by the police. The real voluntariness of the submission, so far as the question of public liberty is involved, is of the utmost importance. Assuming that a class of registered prostitutes is to be created by law, — a^policy which has already been discussed on its own grounds, — it never can be allowed that this class should be recruited by any other methods than that of a judicial sentence or (at the least) of a truly spontaneous act on the part of the woman joining the class. Any sort of inducement, pressure, terrorism, or even undue influence, — to lay out .of account corruption or fraud, — proceeding from the oflicial who obtains and attests the submission, must not only wholly impair the spontaneity of the act, but must afford the most dangerous openings for encroach- ments on public liberty. The consequence of signing the submission is not only a public self-devotion to a life of profligacy for a definite number of months, but it involves strictly penal consequences which must take one of two forms at the woman's option, — surgical handling of her person, or imprisonment w ith or without hard labour. The doctrine that a confession which involves penal consequences must not only be scrupu- lously tested in all ways, but must be rejected as of course, if any threat or inducement has been held out by a person in authoi'ity to whom it is made, is one of the most inviolable and best established principles of English law ; and it is maintained quite as much on behalf of the public generally as on that of special persons who might now and again sutler from a too ready admission of extorted confessions. The leading text-book on the English Law of E^'idt•nee (see LAW AND POLICE. 81 "Taylor's Evidence," Part II., cap. xv.) lays down Chap. hi. the immutable principles of English law, in reference to confessions, in the following language. " Before any confession can be received in evidence Taylor on " in a criminal case, it must be shown to have been ^™'^''°'^" " voluntarily made ; for, to adopt the somewhat in- " flated language of Chief Baron Eyre, ' a confession, " 'forced from the mind by the flattery of hope, or by " ' the torture of fear, comes in so questionable a shape, " ' when it is to be considered as the evidence of guilt, " ' that no credit ought to be given to it ; and therefore " 'it is rejected.' The material question, consequently " is, whether the confession has been obtained by the " influence of hope or fear ; and the evidence to this " point, being in its nature preliminary, is, as we have " seen, addressed to the judge, who will require the " prosecutor to show affirmatively to his satisfaction " that the statement was not made under the influence " of an improper inducement, and who, in the event of " any doubt subsisting on this head, will reject the " confession. ... It is very clear that if the promise " or threat be made by anj'one having authority over " the prisoner in connection with the prosecution, as, " for instance, by the prosecutor, the master or mistress '' of the prisoner, when the offence concerns the master " or mistress, the constable, or other officer having him " in custody, a magistrate, or the like, the confession " will be rejected as not being voluntary." Of course it may be replied that this is not a criminal case, and, therefore, so strict a rule need not and does not apply. But this is one of the very hardships to which attention is here called. Through the task of registering prostitutes being committed so largely, — in practice, all but exclusively, — to the police, women are induced to surrender themselves to a life of infamy and to the penal liabilities of various kinds which are made to accompany it, upon evidence which, just G INTESVENTION. 82 LAWS FOB THE REGULATION OF VICE. Ohap. III. because the case is not technically entitled criminal,ia exempted from all the checks and tests to which so notoriously worthless a class of evidence is, in all strictly criminal cases, subjected as a matter of course. No JUDICIAL Indeed, the injustice is so great as that no opportunity is ever presented for disputing before a Court of Justice the nature of the circumstances under which the sub- mission was procured. All the elements of pressure and influence are present in an aggravated form. The woman is likely enough to be isolated, ignorant, cowed, and helpless. The Superintendent of Police is, probably, sagacious and experienced. The submission form, alluding, as it does, to the " Contagious Diseases Act," a " periodical medical examination," " visiting surgeon," and the like, must owe any comprehensibility it pos- sesses for a woman not previously entrapped, solely to such explanations and comments as the able superin- tendent indulgently chooses to impart. It stands to reason that the signature of the form is nothing else than the last stage of a foregone determina- tion by the superintendent that the woman is a proper •woman to include in the class of registered prostitutes. Indeed, it only differs from the Continental " voluntary " inscription," already alluded to as being the most com- mon form of registration abroad, in the very misleading impression of freedom of assent which it succeeds in conveying, and in the mode in which it surreptitiously contrives to rob women of the right of a formal magis- terial investigation conceded them by the Act. No such right as this latter exists abroad, and therefore the "voluntary inscription" cannot be treated there as a subterfuge for evading a common recourse to it. That the circumstances attending the signature of the submission form are really and in fact what the nature of it sufficiently demonstrates they must be, was abundantly established before the Royal Commis- sion of 1871, by Magistrates, by Superintendents of LAW AND POLICE. 83 Police, and by other persons engaged in the adminis- Chap. III. tration of the Act. Thus, Mr. Ryder, a Magistrate of Devonport, who Me. Ryder's was generally in favour of extending the system, when volu^akt'^ asked (Q. 8274) " Are you aware of the mode in which Submission. " the women are brought under the Act ? " says, " I " believe that almost every woman who has been " brought before the justices has complained that she " has signed the ' submission without being aware of " what she was doing. That has been the invariable " statement of almost all. That one must receive with " a certain amount of allowance, but there is evidently " the feeling that they are entrapped into the signing " of this submission. I very much question, from " enquiries I have made, whether it is so, but I under- " stand, like many other things, it is' made a mere " matter of form. They are told there is the paper to *' sign, and they sign it without its being read to " them." Superintendent Wakeford gives the following evi- Supekin- dence : (Q. 328) " When a woman signs the voluntary wakefokd. " submission, for what period do you generally fill up " the form ? " - " One year." (Q. 329) " When the " Act says the woman may choose any other period " less than twelve months, how is it that you choose to " fill it up for the year ? How is it you always fill it " up for the longest period you can ? " " If the woman " expresses no objection we should give a preference to " its being a long period." (Q. 330) "Is it ever ex- " plained to her that she might only fill it up fir " a month or three months ? " "I cannot say that " women are invited to fill it up for a shorter period." (Q. 331) "Are they invited to fill it up for the longest " period ?" "They are invited to fill it up for the " longest period." (Q. 332) " But they are not told " that they may fill it up for a shorter period. You " induce them to fill it up for twelve months ?" " I G 2 84 LAWS FOE THE EEGULATION OF VICE. Chap. IIT. " invite them." And Inspector Annis gives evidence " to exactly the same effect, saying : (A. 9277) " As " a rule I make the submissions for twelve months." Mb. V5^olfek- The evidence of Mr. "Wolferstan, House Surgeon for STAN four years at the Royal Albert Hospital, Devonport, is in entire accordance with that of the Magistrates and the Police. He says, speaking of the voluntary submis- sion: (A. 30.33-3035) "The women have often told me " that they did not know what they were signing." " Many of them could not read." He " believed it " was not the practice to explain to them the nature of " the paper to which they are about to affix their sigua- " ture." (A. 8038) " Cases have frequently occurred " in which a woman has complained to me that she has " signed a paper the meaning of which she did not " know." (A. 3047) " I think, if the submission is to " be purely voluntary it should be signed by some " person who will vouch for its voluntary character. " The Police are the only people who can extort it by " threats." (A. 3054) "I object to the voluntary sub- " mission entirely. I think if a voluntary submission " is to be taken at all, there should be safeguards to " show that it is strictly voluntary. Now, the returns " of Colonel Henderson, of the Metropolitan Police, " show that out of two thousand and odd women only " four refused to sign this so-called voluntary submis- " sion." (A. 3055, 3056) " I think the greater number " of those women who sign the voluntary submission •' were induced to do so by pressure, and that many of " them were ignorant of the character of the document " which they signed." iNWHATSENSE There are one or two still more patent tokens that SDEMISBION IS , , 11 j\ i voLUNTAKT. thc (so-callcd) " voluntary submission is only volun- tary in the sense that a choice is, in outward appear- ance, left to the woman whether she will be proceeded against by help of judicial forms or without them. Thus, in the House of Commons' return of proceedings LAW A»TD POLICE. 85 under the Acts (No. 388, July 27th, 1871), a column Chap. in. appears headed " Women proceeded against for refus- " ing to sign the voluntary submission form ;" and in the printed instructions issued by the War Office and ^-^^ Offkie the Admiralty, and suspended in the Royal Albert Hospital — which have since, however, been withdrawn — appeared the following passage (Report of Royal Commission, Appendix (p. 829)) : — " Should any woman object to sign, she is to be " informed of the penal consequences attending such " refusal, and the advantages of a voluntary submission " are to be pointed out to her." The fact is that the medical success of the system could not be exposed to the hazard of a genuine volun- tary system, and it is not only a mistaise but a serious imposition on the unthinking and unobservant public to use the term " voluntary " at all. Of course there may be cases here and there, or even a considerable sprinkling of them, in which women really desire and request registration in order to come under the sanitary arrangements provided bylaw, and sometimes in order to secure the connivance of the police in pursuing their strictly illegal occupation. It is also likely enough that the superintendent of police charged with these special duties will be, so long as the system is yet new and on its trial, selected from among the most picked men in the force ; and while the area to which the system is applied is limited, a superior class of men may always be expected to be forthcoming. But that women practising prostitution desire as a class to put themselves under police regulations, to engage to appear at short periods for surgical examinations and to register themselves as prostitutes for the longest possible time in advance, is in direct conflict with every scrap of evidence supplied by all those who are best conversant with the habits of prostitutes in all countries as well as with the conclusions of common 86 LAWS FOB THE KEGULATION OF VICE. Chap. III. sense. The notorious difficulty of persuading the " in- ■ soumise" or clandestine prostitute to consent to in- scription seems to make the most enraptured adherents of the system abroad quail before the obstacles in the way of even giving it a fair trial. Aspects op Whatever virtues may be attributed to police su- TowAKDs THE perintcudents as a class, it is obvious, that, as the PoLioK system is extended, a less and less exceptional class of police agents can be secured to administer it; and, even if the class of men could be maintained at an invariably high pitch of excellence, yet this would still be the first time, since the English constitution was fully formed, that the liberty and good fame of English citizens has been entrusted, not to constitutional guarantees under the guardianship of Courts of Justice, but to the casual discretion and humanity of the police, or to the excel- lence of the appointments made bythe Executive for the time being. Jt is rather the characteristic merit of the English constitution that, in respect of any adminis- trative action which may, by its consequences, affect the liberty and good fame of a private citizen, the duties of the police are rigorously defined by law, and exactly interpreted by Courts of Justice, and either excess or neglect in the performance of them is made punishable by legal penalties. It must be allowed that the act of tendering to a woman for signature a " voluntary submission form " is an act in which per- sonal liberty and good fame are as seriously involved as they can be in any imaginable case. Yet it is here, where the guarantees against undue influence, mistake, or imposture, ought to be the surest, that they suddenly fail altogether. There are literally no constitutional or legal guarantees whatever. The injury is done and persisted in long before the tardy and severely circum- scribed remedy by action at law — a remedy absurdlv inadequate in this case — can be so much as set on foot. LAW AND POLICE. 87 The real explanation of all this is that in England, Chap. IIL as in France and wherever else the system is in existence, its operation for the sanitary end in view is wholly incompatible with constitutional liberty, unless it be alleged that constitutional liberty is a boon for men and the richer classes of women only, and not for all. The purpose of the system as a sanitary device is to go to the utmost confines of prostitution, and to bring every woman liable to communicate disease within the regime of the periodical examinations and contingent hospital treatment. If the system is worked in har- Moral and mony with its objects, if the police and the medical I^D^g j^oom- supporters of the system are in accord, the police are patiblb. bound to use every kind of influence, and even pressure, to induce women to pass into the net. It is here that the medical objects actually in view, and the moral objects which ought to be — and are sometimes said to be — in view, are in direct and irreconcilable conflict with each other. It cannot be for the moral interests of a woman, hesitating on the brink of a life of prosti- tution, to force her to decide irrevocably in favour of adopting that life /or a definitely prescribed time. It cannot be for the moral interests of a woman to make her feel she has ever tak-en any one last decisive step which instantly separates her from the family asso- ciations belonging to a life of purity, and introduces her into a world of new and distinct companionships, liabilities, duties, and even privileges. It cannot be for the moral interests of a woman practically to bind her to adopt a life of prostitution for a definite time, to make that time longer rather than shorter, and to leave it entirely to the wiU of others, whether police or medical officers, to determine whether she shall at any moment be tjeated as having shaken off for ever the life of sin. But though the acts of forcing a woman to an irre- vocable decision, of binding her formally and definitely for a prescribed time to a new class of associations wholly 88 LAWS FOE THE REGULATION OF VICE. Chap. IIL distinct from those with which her home life makes her familiar, and of making her liberation from these vitiating surroundings dependent on the will of others more than on her own, are wholly opposed to the moral interests of the woman herself, and therefore of society at large, they are conducive in the highest degree, or rather indispensable, to the success of the system as a sanitary device, on the medical hypothesis adopted — whether that be good or bad. DiSMISSAIi FBOM THE Kegistee. Even were every guai-antee which is afforded in the case of a technically criminal prosecution secured to a woman accused of living the life of a prostitute, and were she registered only after a fair trial, still the system presupposes that if she wishes to leave the life she must satisfy others as well as herself of her bond fide intentions ; and it has been seen that a natural abuse of the system leads the police to induce and urge women to engage to submit to the examinations for the longest period limited by law. Of course, a woman cannot but conclude, supposing she understands in a measure the nature of the engagement, that she has engaged not only to submit to periodical examinations in the event of her continuing to be a prostitute, but that she has engaged absolutely to submit to them, that is, to continue the life of prostitution which they pre- suppose. And the process of shaking off the life is — for the medical purposes of the system — necessarily made so stringent and arduous that there is everything to teach her that the State would far prefer her con- tinuing a prostitute to her ceasing to be one. Indeed, if a woman comes under any beneficial influence or imdergoes a change in her fortunes or determines from whatever cause to start on a new path, she cannot do so without delay, obstacles, and the risk of encountering capricious, if not malevolent or corrupt, opposition on the part of public officials. This will be more clear from a study of the regula- LAW AND POLICE. 89 tions and the practice on the Continent and the pro- Chap. IIL visions of the English Act in respect of dismissals from the Register (radiations). M. Lecour (" La Pros- M. Lbooue. titution d Paris et d Londres," p. 123) says " Nothing " is more delicate than the enquiries to be made in " respect of dismissal from the register. Want of " discretion might cause notoriety and a mishap, for, " in some cases, it would fetter and compromise a " prostitute in recovering habits of honest industry. " There are, besides, degrees in the scale of recovery. " On quitting a life of profligacy, a woman cannot, " at one step, reach a position which would offer moral " and material guarantees of a decisive kind; so the " police must take its share in the difficulties of the " case, proceed with address, and, in fact, co-operate " with the efforts at recovery made by the woman her- " self. It is a moral and humane task, the accomplish- " ment of which escapes attention." The products of these discreet and humane efforts of the police do not seem very numerous in Paris ; or else the women are too hardened to avail themselves of the succour offered them. According to the statistics of Statistics of " radiations " given by M. Lecour (p. ] 23) for the year pakis. 1869, out of a total of 800, 115 died, 16 married, 46 left the city without a passport, 2 were sentenced to prolonged punishments, 12 were admitted to asylums in connection with hospitals, 1 became the mistress of a licenstd house, 607 failed for more than three months to present themselves at the periodical examinations, and only 1 is entered as " abandoning prostitution on " proof of having other means of existence." In the years 1863 and 1867, not even one is entered under this last head. The number of registered prostitutes in 1869 was 3731. Thus between a quarter and a fifth dis- appeared from the roll in the course of the year, abou t three-fourths of these simply refusing to present them- selves for examination, and succeeding in evading the vigilance of the police. It may thus be presumed that 90 LAWS FOR THE EEGULATIO^^ OF VICE. Chap. III. in Paris, at least, when a woman really determines to quit a life of prostitution she does it in spite of the police and not with their co-operation. In Italy, Belgium, and some other countries a definite period of probation is imposed, during which the woman Italian Re- still continues subject to periodical examinations, and to GULATioNs. police supervision. Thus by Art. 34 of the Italian Re- gulations (see Appendix), " When a prostitute desires " to be relieved from the sanitary examination, she shall "present her request to the office, stating the new " abode she intends choosing, her means of maintenance, " or the occupation by which she hopes to support her- " self." By Art. 35 : "The woman who requests to "ho relieved from the ordinary examination because '• she intends to abandon prostitution, shall, during " three months, remain subject to one examination " weekly at the sanitary office, at an hour reserved " exclusively for the examination of women who are " candidates for this dispensation." -By Art. 36 : " The '' cancelling of the registration shall take place after the " lapse of this period, if the conduct of the woman has '' always been regular ; that is to say, if it does not " appear that she has continued to prostitute herself." This practice of actually continuing to subject, as of course, to a ^veekly surgical examination a woman who may, in all other respects, have entirely rid herself of her past associations, and be conducting herself as a respectable member of society, is a noticeable instance of the way in which the secrecy which has hitherto enveloped the whole system has allowed the growth of extravagances of police usurpation which never could subsist in the light of full public discussion. The medical requirements are paramount, and all the per- BrusselsRe- sonal rights of the woman are simply ignored. The GULAiioNs. Brussels Regulations (see Appendix) provide that " when a registered woman wishes to be removed from " the register, she must make an application to the LAW AND POLICE. 91 " Council of Burgomasters and Sheriffs, who shall Chap. III. " decide on the case as shall be fit. The removal from " the register shall, as a matter of course, take place in " case of death or marriage." In Italy also marriage exempts from examination. In England there are two ways in which alone En&lish . . , . , 1 • J Modes of a woman, not at the time m hospital, can be relieved DisMissAii from the necessity of appearing for examination ; one ?^™gjj,j; (under the Act of 1866, section 33), by applying to a Justice, and inviting a formal judicial enquiry as to whether she has ceased to be a common prostitute and v.hether she is able to enter into recognisances, with or without sureties, for her good behaviour during three months thereafter ; the other (under the Act of 1869, section 9), by applying to the visiting surgeon of a certified hospital, who delivers a copy of the applica- tion to the superintendent of police, and, on receiving a satisfactory report from him that the woman has ceased to be a common prostitute, signs an order for her relief from examination. It thus appears that before a woman can shorten^by a day the time for which she is committed to a life of prostitution, and to the bodily exposures at stated in- tervals which it involves, she must produce either evidence or security satisfactory to a magistrate, or she must succeed in winning the joint good opinion and good wishes of a visiting surgeon and a superintendent of police. For the sake of the argument it may be granted that surgeons and the higher class of police agents are men of exceptional conscientiousness and discretion. But it is harsh and unjust in the highest degree to throw on a woman, who wishes at a given moment to cast off all her miserable and tainted asso- ciations, the burden of procuring such evidence of her good intentions as shall be sufficient in the estimation of two irresponsible judges. It is a case in which the path upward ought to be as easy and sloping as pos- 92 LAWS FOR THE REGULATION OF VICE. Chap. III. sible, and yet it is made as precipitous and rugged as it well can be. The reason is plain. The object of the system is to detain all women of hesitating or am- biguous intentions within the ranks of prostitutes, not to dismiss them readily from those ranks. Mk. Rydek'b The evidence of Mr. Ryder before the Royal Com- mission, from which extracts have already been given, is valuable on this point as that of a magistrate engaged in the administration of the system and per- sonally in favour of it. On being asked, (Q. 8269) " Are you satisfied with the way in which the Acts " are carried into effect by the police ?" he says, in the course of a long answer, " Take a case which occurred " a very short time ago of a girl called Blewett. An " application was served on me to fix a day for her case " being heard in order to be relieved from the working " of the Acts. When she came up she stated she had " been a prostitute, but had abandoned the life, and " had gone to live with a person in a private house. " The police had followed her there and had made en- " quiries day after day about her. The effect of it was " likely to have driven her back into the streets again." This is a case which is worth citing not because of any exceptional outrage it discloses, but because it shows, by a visible illustration, what is meant by saying that if the act of quitting a life of prosti- tution is a matter of indulgence to be allowed, as of grace, on application to a Court of Justice, with proofs or sureties tendered, or, only by the favour of a surgeon and police superintendent conjointly, not only are the actual difficulties of recovering her position multiplied for the prostitute a thousand- fold, but, even when her position is thoroughly recovered and she has, perhaps, for a time left the district and betaken herself to an honest occupation, she is, if found within the district, entirely at the mercy of the police up to the last hour of the time for which the order or the LAW AND POLICE. 93 submission operates against her. Whether the nume- Chap. IIL reus cases alleged of women who, even after marriage, have been dogged from place to place by the police, and of others who, having found an honourable means of subsistence, have been compelled to leave the dis- trict, — as the only alternative to surrendering them- selves afresh to the examinations or submitting to impri- sonment, — have or have not any truth in them, is of very little importance. They represent, if they are all false, the natural and obvious working of the system. In- deed they represent the system as the police, if they are faithful to its objects and their own obligations, are bound to make it. A woman cannot legally liberate herself from the position of a registered pro- stitute. She must establish a claim to liberation by a proceeding before a Court of Justice, or else by pro- curing the consent, or conciliating the favour, both of a surgeon and a superintendent of police. Such is the working of the system so long as it is Extension to GrEEAT limited in its application to a few military and naval capitals. stations. But when applied to great capitals like Paris, Berlin, and London above all, or extended over the whole of a vast country, the evil becomes of inordinately greater magnitude. Not only must it become practi- cally impossible — as the statistics prove it to be in Paris — for the police ever to enter into the circum- stances of individual cases, among the thousands under their charge, with sufficient care to justify them in giving a testimonial in favour of a prostitute's real intention to reform ; but as the work becomes larger, and the women subjected to the examination are counted by thousands instead of byjiundreds, a lower and ever lower class of police agents must needs be resorted to for the execution of the law, and a propor- tionately smaller amount of ability, discretion, and humane self-restraint must be forthcoming. The neces- sary result of applying the system, in the only way in 94 LAWS FOE THE REGULATION OF VICE. Chap. IIL whichitsmedicalsupportersallegeitssanitaryexcellence can be fairly tested, is that all the women once brought under the system and subjected in one way or another to the periodical examinations must be treated in the mass and by general rules ; no one of thena can ever be relieved from liability to the examinations till the time for which she was subjected is fully run out ; and during the whole of that time every woman, however personally changed in character and manner of life, will continue registered as a prostitute, and be bound under legal penalties to surrender herself to be surgically handled in exactly the same way as the most abandoned one is. All this time, as has been said, the police needed to give the system a show of efScacy must be made vastly more numerous ; and, consequently, a less and ever less morally trained class of the community must be resorted to in order to supply the inappeasable demand for recruits. An increasingly rigorous system, affecting, at the tenderest point, the liberty and honour of every woman in the country within and without the ranks of prostitution, would have to be worked by an army of practical^ irresponsible officials who must be raked up for the purpose, as they best may, from every class of the community, however rude and debased. The result of this is that it would become practically impossible for any woman once immeshed in the system to escape voluntarily from the position of a prostitute. Attendance Besides their duty of filling and refilling the ranks AT THE EXA- . •' 1 . 1, S ^ u.±±Jis> MiNATioNs. of prostitutes, the police have, in aU countries in which the system exists, a variety of other duties cast upon them more or les^ essential to its efi'ectual operation. Pre-eminent among these is that of securing attendance at the periodical examinations. The difficulty to be encountered is a very obvious one, and foreign writers betray an almost pitiable sense of the infirmity of even their own favourite methods of overcoming it. The LAW AND POLICE. 95 very existence of the system, as even a plausible, sani- Chap. hi. tary device, depends upon the possibility of inducing women to submit to the examinations ; and yet the application of over rigorous penalties for non-attend- ance, like excessively severe customs laws, must defeat their own end and simply promote more refined and ingenious methods of clandestine prostitution. Of course, the problem is greatly simplified in those places in which licensed houses are made a prominent element in the organization of the system. This subject will be discussed by itself in the succeeding chapter. In Expekienoe the meantime, it is to be observed that the diflnculty of securing punctual attendances is very considerable, as is manifest from the fact already alluded to that out of the average number of 3000 prostitutes on the register at Paris, about 600, or one-fi.fth, are annually struck off the register through having failed to attend for as long as three months. At one time, the women examined at Paris had to pay a small tax of 30 sous each to the examining surgeon ; but since 1798 the system of gra- tuitous examinations has been adopted and is generally recommended everywhere. (See Dr. Jeannel's observa- tions on the " Taxe et Paiement des Visites," p. 339.) Professor Crocq, of Brussels, in the scheme he Peoeessob Croco's presented to the Paris Congress of 1867, provided Scheme. that women should pay a tax on the occasion of each " visite," the amount of which should be fixed by the town council. Those who attended punctually for a month should be free from further payments. Those who failed in punctuality of attendance should be liable to a double payment for each occasion of failure ; and besides, to imprisonment for a period of from one to five days duration. This is in precise accordance with the existing Brussels' Eegulations (see Appendix). By I^^^-"" '^^■ the Italian Regulations (see Appendix), " If the pros- " titute, not living in a licensed house during three " consecutive months, shall have presented herself GULATIONS. 96 LAWS FOR THE REGULATION OF VICE. Chap. IIL " punctually for examination at the sanitary office on •' the appointed days, and shall have paid regularly " the sum charged for the examination, the whole sum " paid by her shall be restored to her in the third DE.jEAiniEL's " month." Dr. Jeanne! takes some credit to himself Scheme. ^.^^ inventing, — and applying, as he reports, with con- siderable success at Bordeaux, — a mode of proceeding which combines the methods of bribing and threaten- ing. The "visites" are gratuitous on Tuesdays and Wednesdays from nine o'clock to eleven o'clock every morning, and any woman who does not present herself when obliged to do so on one or other of these days, and at this time, is liable to imprisonment for twenty- four hours. But the imprisonment is not inflicted at once, and it can be redeemed (racheMe) on payment of 75 centimes by the women if they attend for examina- tion on the Friday, or of 2 francs if they attend on the Saturday. The result is said to be that different classes of the women, according to their means and pretensions, regularly present themselves on the different d&js. (Jeannel, p. 412.) M. Lecouk on M. Lecour says that during the siege of Paris, the Pbacmoe. Germans extemporised in the neighbourhood of St. Denis, a special organisation for regulating prostitu- tion. " The sanitary examinations took place twice " a week, on Wednesdays and Saturdays. A sur- " geon-major pfesided over the arrangements. He " gave notice to the registered women that those " who were unpunctual in their attendances or unac- " commodating in their attitude, would be punished as " they were in Berlin, and be beaten with a stick." (" Celles d'entre elles qui seraient inexactes aux visites " on inconvenantes dans leur attitude seraient punies " comme d Berlin et recevraient coups de baton." "La Prostitution a Paris et a Londres," p. 817.) 29 Vict. o. 35, By the English Acts it is provided (29 Vict. c. 35, s. 28), tliat if any woman liable to " a periodical " medical examination temporarily absents herself in LAW AND POLICE. 97 " order to avoid submitting herself to such examina- Chap III. " tion on any occasion on which she ought so to submit " herself, or refuses or wilfully neglects to submit herself " to such examination on any such occasion, she will " be liable, on summary conviction, to imprisonment " with or without hard labour, in the case of a first " offence, for any term not exceeding one month ; and " in the case of a second, or any subsequent, offence, for " any term not exceeding three months." It thus appears what are the usual efforts made of the nature of bribery, threats, and penalties, in the different countries to secure attendance at the periodical examinations. In England, indeed, the penalty of 29 Vio. cap. imprisonment cannot be inflicted without a formal 32 & '33' vio. judicial proceeding; but the only offence which, iii the ^^'^- ^'^^'• vast majority of cases, the delinquent woman is ever accused of committing is that of not complying with an engagement which — as above shown at length — she never really made. Even if the " voluntary submis- " sion " process were as really voluntary as an ordinary legal contract must necessarily be in order to have any validity — and it is, on the most favourable view, desti- tute of every element of voluntariness — ^it does not appear how a contract could be enforced by the penalty of imprisonment with hard labour without trenching on constitutional principles of the best established kind, and recently re-asserted by the Legi.slature in the most decisive way.* This system of licensed vice finds its natural haunt in the border land of different branches of law; and while it can nely exclusively on no one of them alone, it suc- ceeds in giving itself a fallacious appearance of being supported by all. The non-appearance at the time and place fixed for a periodical examination, or the refusal to submit to it, is neither a crime, nor a breach of con-- tract, nor a civil injury, nor, in the case of any particular * See e. g. 38 & 39 Vict. <,. 86 and c. 90. H 98 LAWS FOR THE REQTJLATION OF VICE. Chap. III. woman, the breach of an absolute command (such as those prescribed by the sanitary and vaccination lawSj or the bye-laws of railway companies), issued by a com- petent authority in pursuance of an Act of Parliament. No doubt the Act succeeds in marking out, by a cir- cuitous process, the women who are liable to be com- pelled to submit to violence, for not submitting to which they incur punishment. But it is the very indirectness and circuitousness of this process which, in a matter directly affecting liberty and good fame, is a fair ground for constitutional complaint. In a matter in which a woman's liberty and good fame is at stake it is not asking too much of the law in a constitutionally- governed country to demand that it should prescrjbe, with a clearness and directness which no person, how- ever ignorant, dull, or listless, can mistake, what are the acts which a person can and must do or not do in order to be blameless before the law. It is not consistent with the institutions of a so-called free country, nor in harmony with the delicate care for the liberty of the subject, which, in all matters techni- cally labelled as criminal, such a country invariably prides itself on cherishing, to delegate to a series of subordinate police officials and private surgeons the un- checked function of bringing a considerable portion of the population absolutely within the reach of criminal penalties. And yet the system, as a medical device could not be worked otherwise ; which is one more proof that, when once its nature is understood by the public, it can never subsist in any country in which government by police has not, to a large extent, super- seded government by law and by Courts of Justice. Police "^''^ Besides the duties of registering prostitutes, and securing attendance at the examinations, the police have a variety of other duties cast upon them, espe- cially in reference to the special code of regulations LAW AND POLICE. 99 to which registered prostitutes are subjected, and to Chap. in. the control of licensed houses where such are recog- police Eequ- nised. The subject of " licensed houses " will be dLs- nation of a . "^ . Prostitute 8 cussed by itself in the next chapter. The duties cast Life. upon the police in reference to the general regulation of a prostitute's habits of life are some of them peculiar to the system of licensed prostitution and essential to it, and some of them only accidental to it, and such as may exist, and in many places do exist, in the absence of any such system. Thus the duties of the police in respect of preventing registered prostitutes, under pain of imprisonment, as at Paris (see Lecour, p. 130), from dressing their hair in a certain fashion instead of wearing a bonnet, from frequenting certain parts of the town, from appearing at public institutions or tables d'Mte, from soliciting during the daytime, or walking the streets earlier than half an hour after the lamps are lighted, or before seven or after eleven, though admit- ting of great variations indifferent places, are of a kind scarcely separable from the system of licensed prostitu- tion. If women are licensed by law to practise prosti- tution, they might, it is true, be subjected to no other conditions whatever than those of submitting themr selves to the sanitary measures provided. But it is natural enough that, when once a certain amount of discipline has been introduced by law into a prosti- tute's life for purely sanitary purposes, advantage should be taken of the occasion to secure a number of other ends — the more so as the securing some of these ends helps forward, as was shown above, the enforcement of regular sanitary visitations. Two results follow from this enlarged and special jurisdiction over prostitutes thus conceded to the police. In the first place, the notion of prostitution in itself being bad and illegal (however unadvisable it may be to attempt to repress it by active penal measures) is wholly lost sight of both in the public H 2 100 LAWS FOE THE EEGULATION OF VICE. Ohap. Ill, mind and in the minds of prostitutes themselves. In the place of the absolute immorality of prostitu- tion, comes the notion of its relative immorality only in certain places, at certain times, and under certain conditions. This cannot but tend to a wide-spread confusion of the public conscience in a matter of elementary morality of the deepest concern. In the second place, obviously beneficial regulations concern- ing public order and decency, and the protection of the young "who cannot protect themselves, such as the policy of the most constitutionally -governed countries must recogidse, become mixed up in the public mind "with the regulations "which are inherent in and pecu- liar to the system of licensed prostitution ; and impart to that system an apparent merit and public usefulness which it may have no claim to. This is especially seen in the recent history of the legislation on this subject in England. In the English " Contagious Diseases Acts " of 1866 and 1869, "which cover the whole existing legis- lation on the subject, there is not a "word about maintaining order in the streets or preventing public solicitation, or even diminishing juvenile prostitu- tion. The police employed under these Acts are Powers of Metropolitan Police speciaU"y authorised for this pur- TTT'F "Pot TCP i. ml r UNDER THE posc (29 Vlct. c. 3-5, s. 2), and they have no powers ^"^lll^^^^ given them in the district to which they are sent beyond what are strictly needed for making informations as to "women being common prostitutes, for attesting the signature of the submission form, and for arresting ■women who do not comply "with the requirement to attend and submit to the periodical examinations, or who refuse to enter voluntarily a certified hospital, or who leave it prematurely. The only other obligation laid upon these police is that of obtaining e"vidence, on a request from the visiting surgeon, that a woman has ceased to be a common prostitute. Whatever benefits LAW AND POLICE, \ ^\^ ' ' / / 101 to public order and decency have been adiiSred-ef^te years must have come through the local police, and by means of a more strenuous application of the ordinary law (for which purpose all the chief towns have special Acts of Parliament), or not at all. And yet nothing is more common than to hear the dwellers in subjected districts appealing on behalf of the system of licensed prostitution to the improvement in the streets. It may, indeed, be true that the prostitutes are improved in dress and demeanour, and that unregistered prosti- tutes are afraid to show themselves. The first of these results is of more than equivocal moral value, as has already been shown.* The second might be obtained with equal certainty if the ordinary police only availed themselves of the powers, given them either by common law or by the special statutes already alluded to, which mijiht be indefinitely multiplied and improved. It seems to be assumed in some quarters that it is roRosD impossible to protect the public against indecent exhi- hve™*'^' bitions in the public streets, and strongly to discounte- nance prostitution itself, without subjecting prostitutes to periodical examinations for the sake of what is fal- laciously called the public health. A forced choice is arbitrarily imposed between one of two alternatives, either that of rigorously suppressing prostitution by penal measures, or that of cherishing and periodically examining prostitutes for the use of the public market. The truth is, that law only aggravates the evil, both when it attempts directly to suppress it and when it licenses and regulates it. But law can do much when What Law it co-operates both in its letter and its spirit with the "^ °°' dictates of a genuine morality, by consistently forbid- ding, in all its utterances, profligacy both in men and women ; by refusing to open out real or apparent facilities for it; by throwing its mantle round the young; and by actively suppressing every cognisable * See p. 57. 102 LAWS FOB THE REGULATION OF VICE. Chap. III. species of public solicitation, whether proceeding from men or from women. All this, and, perhaps, much more that might be done, needs no help whatever from a system of periodically examining women for the market ; and, in fact, through losing the sympathy of the more sensitive-minded portion of the com- munity, law is only hampered and weakened by its alliances with what is at the best a warmly controverted medical expedient. The general conclusions which result from the above inquiry into the position occupied by the police in the system of the State regulation of prostitution are, (1) that the system as a sanitary measure can only be carried into effect by according to the police an almost unrestricted amount of discretion, to be exercised in a way practically irresponsible ; and that (2) the result of such an extension of police agency must be not only detrimental but fatal to the general liberties of all women whatever who belong to the strata of society in which prostitutes are usually found. OoNTiNENTAi. jj, jg not pcrhaps al .vays understood by Englishmen View ow the "^ '^ . .,., i^- Police. that legal and constitutional ideas on the Continent of Europe, even in the freest countries, as Switzerland, are far more favourable to an unlimited extension of the powers of the police than the notions which prevail Enolish in England. In England the police, a;S a branch of the Executive, is looked upon as an object of stern constitutional jealousy and as demanding inces- sant vigilance and countless checks and guarantees, to prevent the most serious mischief. Every step in police action is strictly defined by law, and is re- defined again and again either by judicial interpreta- tion or by explanatory statutes. Jn all matters in which a charge gravely affecting liberty or reputation is involved, the course the police must take is mapped out with punctilious precision, and is sharply limited LAW AND POLICE. 103 on the right hand and on the left. Every facility" is Chap. in. provided, by a variety of guarantees hardly won and fondly cherished, for testing by Courts of Justice the legal regularity of every movement in the course pur- sued by the police for bringing home this responsibility to the erring officer, for undoing mischief accomplished, and for securing compensation for it. It is not that no Judicial discretion is left to the police, because in many matters oy^Tg^'^^°^ very abundant discretion is left to them ; but the Police. limits of the discretion are strictly marked by law, and the question as to whether these limits have been observed and the discretion honestly if not wisely exercised, is invariably regarded as appropriate for the decision of a Court of Law, and every facility is provided for readily and publicly bringing the ques- tion to an issue. In fact the police, though appointed and directed by the Executive, are as much subject to law in every part of their official conduct as they are in their conduct as private citizens. It is firmly felt in this country that, but for this principle, no man's liberty or reputation would be safe for a day against careless, corrupt, or malicious, charges of the most disastrous kind. But it is not so in Continental countries. A broad "Administra- line is drawn in those countries between what is matter "Law" of so-called "administration" and what is matter of ■*^^*o-^"'- "law." In countries constitutionally free, such as the Netherlands, Belgium, and the Cantons of Switzerland, or in those aspiring after full constitutional freedom, as Italy and France, the utmost jealousy is evinced of the Executive in respect of some of its more prominent functions, but none in respect of the indefinite powers confided to the police for the preservation of order and the discovery of crime. This is partly due to the long and fixed traditions in conformity with which the highly organised police of those countries dis- charges its functions. The police stand, as it were, 104 LAWS FOR THE EEGULATION" OF VICE. Chap. III. Italian Penal Code. An Act oif Pakliament heeded in England. apart from the rest of the State organism, serving one form of government as faithfully as another, and equally indifferent to the political merits of either. The apathy about the preponderance of police authority is also due to the fact that the strictly con- stitutional struggles abroad have been quite as often religious, dynastic, or aristocratical,as popular, and have rarely taken the form they invariably have in England, of a direct antagoni.«m between popular or national claims on the one side and monarchical or oligarchical resistance to those claims on the other. It is in accordance with these phenomena that the Italian Penal Code simply gives the police very large powers to frame such regulations as may seem fit for the regulation of public morals, and that under a general law of this sort the liberties and honour of all the poorer classes of women in the chief towns are handed over to the practically irresponsible power of the Executive authority. In France it has already been seen to be a matter of serious debate whether the copious body of regulations by which women are con- verted into registered prostitutes, and all sorts of penalties are inflicted upon them for all sorts of offences, are made in accordance with any subsisting written laiv or not. The only law bearing on the sub- ject is a passage of the Code which, if relevant at all, re-enacts as law antiquated regulations, the sole pur- pose of which was the absolute repression of prostitu- tion. In other countries it is the same. Either a vague passage of a Code gives an indefinite power to the police to make regulations, or they make them without any authority at all other than what it is pre- sumed they inherently possess. But such a proceeding is impossible in England. It has been necessary to define by Act of Parliament all the powers which are given to the police, and the con- sequence is what might have been anticipated. The LAW AND POLICE. 105 system which has had an easy course in other countries, Chap. III. as finding there a congenial field for its operation in the indefinite and irresponsible powers already pos- sessed by the police, has here come face to face with the English constitution, and from the moment that public attention was awakened to its nature, the extension of the system, which would be its only medical justifica- tion, became impossible. It was instantly exposed, dis- cussed, and publicly sifted, in a way which no institu- tion, on the face of it adverse to liberty and provocative of vice, can, in a country like England, stand. It is seen at a glance that the system depends, for such success as it aspires after, on the tacit concession to the police of indefinite and arbitrary powers not susceptible of assi- duous check and control at the hands of Courts of Justice ; and it demands, further, a vigorous and free- handed exercise of these powers. All those who under- stand the system best distinctly claim this, and they are at one in saying that if the evidence upon which women are converted into registered prostitutes and rendered liable to examination or imprisonment is to be of that strict sort which is needed by English Courts of Justice, the system is dead. This is in fact saying that the system of licensed prostitution, and public liberty in the shape in which it exists in England, cannot live together. Either the system must be abandoned, or public liberty must suffer a blow heavier than any which the most unpatriotic conspirator has inflicted, or rather vainly endeavoured to inflict, upon it. 106 LAWS FOE THE REGULATION OF VICE. Chap. IV. CHAPTEE IV. LICENSED HOUSES. One of the most conspicuous forms in wbicli the system of licensed pi ostitution, aa it exists abroad, presents itself to view is in that of licensed houses, whether they be houses formally licensed by the police for the lodging and entertainment of prostitutes as such {mai'sons de toMrance, maisons tolerees) or houses of temporary accommodation informally recog- nised and protected by the police, though generally pro- vided fur by the written regulations {maisons de passe). According as a registered prostitute lives in her own lodgings or is permanently domiciled in a licensed house she is entered on the register as a Jille isolee or Fiiies hoUes &fille de maison, and is subjected to the special regula- Maison. tions which appertain to the one or the other class respectively. One difference, for instance, usually is that the woman who lives by herself is examined less frequently than the one who is attached to a licensed house, and the examinations take place, in the one case at a public dispensary, and in the other on the spot at the several licensed houses. Another leading difference — which explains the favour with which the institution of licensed houses is generally regarded by the foreign advocates of the Regulation system — is, that the mistress of the licensed house is held directly responsible to the police, under pain of losing her licence, for a due compliance on the part of the women under her control with all the regu- LAW AND POLICE. 107 lations, medical and general. Indeed the usual prac- Chap. iv. tice is for these regulations to be addressed directly to the mistress, and only indirectly, and through her, to the women who resifte in her house. In the case of the women living alone, on the contrary, the regulations are usually addressed directly to them individually, and they are individually and immediately responsible for every infraction of them. Hence, from the purely administrative point of view, the advantage of compel- ling women to enter licensed houses, and thereby pro- moting a highly economical organisation, is obvious. From the medical point of view, however, opinion in favour of the policy of restricting the legal practice of prostitution to licensed houses is not quite so unani- mous, and it will appear that some of the leading medical writers abroad denounce most loudly the inevitable slavery and brutality these houses foster and hide. In Paris the examinations are once a week for Pabis. wom°,n living in the houses, and once a fortnight for women living by themselves. The police regulations for the concession of a licence and for the internal manao-ement of a licensed house are much the same in all countries in which the institution is fully developed, the chief differences lying in the arrangements made for levying a tax and for preventing, evasion of the periodical examinations. Thus, according to the Italian Italian Regulations, which are an average specimen of the rest e™!'^^^^ (see Appendix), the permission to open a licensed house " is conceded by the police authorities. It is " strictly personal, temporary, revocable, and is not " conceded to any person who has been convicted of " theft or any other offence against persons or pro- " perty. ... No Tiouse can be established in the fre- " quented streets of the citynor in thevicinity of schools, " colleges, public buildings, or edifices dedicated to " public worship. The windows of the house must be 108 LAWS FOE THE REGULATION OF VICE. Chap. IV. Hameukg. Bkussels. Paris. " provided with frosted glass in winter, and with fixed " and closed blinds in summer, to the height of two " yards measured from the floor of the room. The " keepers of the houses are bound to give immediate " information at the Sanitary Office of every new ad- " mission into the house. They are responsible for the " maintenance of the inmates and for the cost of all " articles worn by them at all times ; for the payments " due for their sanitary examinations; for the expenses " incurred for non-venereal diseases treated in the " house ; and, while the inmate is in hospital, for sup- " plying her with clothes, linen, and the money needed " for washing them." According to the Hamburg regulations (before the closing of the houses in 1876 (see Appendix) ) each inmate was examined twice a week. A tariff for drinks was posted in all the rooms and shown to each visitor if requested. Dance-music, cards, and other games were forbidden under fixed penalties, and a monthly tax of so much for every inmate, according to her class, was imposed, the non-payment of which involved a loss of the licence. According to the Brussels Regulations (see Appendix), it is the " Council of Burgomasters and Sheriifs " who grant the licence. The houses must, as far as possible, be situated in lonely streets, and where the houses de- signated have no windows " opposite to other houses. " No married woman is allowed to take out a licence " without the written consent of her husband. The " houses are not allowed to have any sign-boards visible " outside. It ia also forbidden to sell any drink in " them or to exercise any public trade, except by special " authorisation of the council of the burgomasters and " sheriffs." The Paris Regulations (see Appendix), are- extre- mely precise. The keepers of the houses must lodge no more inmates than they have distinct rooms. They may keep no child above four years old upon the LAW AND POLICE. 109 premises. They may place no person at the door as Chap. IV. a sign of their business before seven or after eleven p.m. They may not receive minors nor students in uniform. Those of the Banlieu must conduct their lodgers once in every week to the central sanitary oiSce for examination ; must demand the permits of the military at night, and make return of all cases of excessive expenditure on their premises, or of residence of strangers for more than twenty-four hours. They may not send abroad more than one woman each at one time. According to Hong Kong regulations, introduced Hong Kong. by the British Government in 1857 (see Appen- dix), which, with some amendments in the direc- tion of increased strictness, are still in force, no person is to keep a brothel unless it is registered ; the Registrar- General is to keep a register of all brothels ; the keeper, mistress, or manager is once a week to furnish the Eegistrar-General vf ith a true report of the condition of health of each and every of the inmates of the same. A list of the names and ages of the in- mates of the brothel, in the English and Chinese lan- guages, is to be suspended in a public place in the house ; the keeper of each registered brothel is to pay to the Eegistrar-General the sum of four dollars a month ; and " every keeper of a registered brothel shall " be allowed, upon giving notice thereof to the superin- " tendent of police and obtaining his authority, to " employ a constable for the protection of, and the pre- " servation of order in, such brothel the constables " are to wear an uniform to be chosen for the purpose, " but to be solely employed about the protection of the " brothel by the keeper of which each of them is " employed." It will be sufficiently understood from these verbal extracts from the regulations in dilFerent countries what is meant by the police control exercised over 110 LAWS FOR THE EEGULATION OF VICE. Chap. IV. houses specially licensed for entertaining and lodging prostitutes. It will hereafter have to be considered how far the existence of these houses is essential to the system of licensed prostitution, and how far it is only a common, though quite separable, accompaniment of it. In the meantime it is of the highest importance thoroughly to comprehend the real nature of these houses and to trace ihe obvious and necessary conse- quences of the police regulations in respect of them. M. Alphonse m. Alphonse Esquiros (" Les Vierges folks'' p. 162) says or a maison de tolerance, oi vous voulez savoir " ce qu'est cette maison si doucement nominee, je vous " dirai que c'est un endroit infect, qui al'odeur du vice, "un repaire ten ebreux,profond, irreparable. . . TJnefois " la femme est entree la, il lui faut dire adieu au ciel, " a la liberte, a I'honneur, et au monde ! " Dr. Mireur himself, notwithstanding that his main speciiic consists in limiting the system of licensed prostitution to such as goes on in licensed houses, says of the inmate of such a house that she is " le type par excellence de la " fille publique." " She is the modern slave who, '' having sacrificed her personality, is become the tool " of the matron and the property of the public." The following extracts from Mr. Acton's Work on will give a clear, and certainly not an untruth- ful, picture of the dull misery, the deep degra- dation, and the mental and bodily slavery, which these houses conceal from the public view. The evidence, be it remembered, comes from one who himself practised as a surgeon in Paris, who was taken by the most experienced practitioners in Paris into the very heart of the scenes to which licensed prostitution there gives rise, and who was an earnest advocate of the system of licensed prostitution as it has been adopted in England. " The dames de maison are, of course, a vicious and " as a general rule, ferocious mercenary band, tyrannis- LAW AND POLICE. '" HI " ing over the unfortunate helots who form their stock Chap. IV. " in trade, and abjectly crouching before the inspector, exteaot "the surgeon, and the mouchard. The possession of ^o'* ^»- Acton B " a house of this kind is the highest aspiration of the wokk. " prostitTite. Such a woman sometimes succeeds in " attaining to this pernicious eminence, but it is more " frequently in the hands of families in whom houses " and goodwill descend as heritable property. The " recent editors of Duchatelet's work instance that as " much as £2400 has been given for such an establish- " ment, and £8 has been oifered as fine to avoid sus- " pension for three days of one of the lowest. . . . The " gains of the mistresses of these houses in the better " part of Paris are enormous. A medical friend told me " that he once, while attending a woman of this class, " said he supposed she gained a great deal ? ' Yes ; " ' my income is considerable,' she replied, ' more than " ' the pay of a French mar^chal.' " Mr. Acton adds in a note that some of these women are said to gain as much^as from £20 to £30 a day ; and if, as is often the case, the same individual owns two or three houses, she may retire on a fortune in about five years. "In " some of these houses scenes may be witnessed which " can only be enacted by women utterly dead to every " sense of shame, in whom every vestige of decency " has been trampled out, leaving them merely animated " machines for stimulating and gratifying the basest " passions. . . . There is usually a debtor and creditor " account between them and the mistress of the house, "with whom it is always an object to keep her lodgers " in her debt, this being the only hold she can have " upon them. They are supposed, by a pleasing fiction, " to pay nothing for their lodging, firing, and light, and " there is certainly no actual charge made on this " account ; but, as a makeweight, one half of what they " earn is considered to be the mistress's portion, while " the other half is paid over to these avaricious duennas, " and goes towards defraying the boarding and other 112 LAWS FOE THE REGULATION OF VICE. Chap. IV. " expenses ... So long as a woman is much sought ~ " after the mistress proves obsequious and kind, taking " her occasionally to the theatre, and permitting her " other indulgences ; but as soon as the public desert " the waning prostitute, a cause of quarrel is found, and " she is brutally turned out of doors, often with no " better covering than an old petticoat or worn-out " dress. Thus it is that the public prostitutes step at " once from luxurious salons to dirty hovels." To this ghastly description may be appended another, proceeding from an equally competent authority of a different sort, M. Le Pasteur Borel, of Geneva, who has long given his life to rescuing women from the prison houses of vice, with a rare amount of success, and has personallj' fought many a valiant battle in plucking the sheep out of the jaws of the destroyer. In a short work on " Maisons de tolerance devant le Droit et la Moralite Pnblique " (Geneva 1875), he says (p. 13) : — M. Le Pas- " The mistress will tell you with hardihood that she OF Geneva.' " is engaged in a trade as legal as anj'' other, that one " has no more right to blame her business than that of " a confectioner, of a butcher, of a restaurateur, that " she is not only contravening no law but is under the " special" protection of the police. At bottom her con- " science, that gendarme incorruptible, protests against " the indulgence which the law accords her. The " mistress will take good care to keep at a distance " from her a child of her own, if she has one, nor will •' she allow her name to be mentioned in any pious gift " or work to which her heart, by way of expiation, in- " cites her ; for there is a conscience and kindliness of " heart yet surviving in those of the class whose every " impulse has not been stifled by their trade. Do not " try to represent to yourselves tiie fermenting corrup- " tion in a maison de tolerance; the study is unwhole- " some and causes one who makes it to breathe a moral " poison. Modern civilisation cannot, in this respect, LICENSED HOUSES. 113 " hurl a reproach at pagan antiquity ; it may be that Chap. iv. " from this point of view our age is more debased than " the corrupt times of the Greek republics and the " Roman Empire. To what a condition of moral putre- " faction from eight to twelve unhappy beings may " be brought when secluded from the world, without " employment, with no interest in anything, clustered " in the half-daylight of disgusting rooms, reduced to " have no other intercourse with each other than " quarrels or obscene conversations, and punished at " the appearance of revolt as slaves would be by the " mistress or her deputy. In this kingdom of death, " the soul, it may be, lets a single yearning sigh escape ; " it is the memory of the village bell, the infant school, '■ the family hearth, the blue sky ; but it recovers from " the crisis and falls again under the indissoluble bond '' of that word of despair : it is our destiny ! The chain " is riveted so long as there is monej' to be gained for " the mistress by the body which belongs to her ; but " often enough a malady, more kind in its horrible " ravages, delivers the unhappy one by casting her into " the cell of a hospital." This is no doubt a rhetorical statement; but it is inflated with the simple promptings of recollected observations, and not with the vagaries of a wild imagination. There is one aspect, however, of the institution of Inter- licensed houses to which neither Mr. Acton's nor M. xt™™.' Borel's descriptions do justice. It is that of the na- tional and even international traffic and commerce in prostitutes which the institution cannot but promote, and notoriously does promote. The foreign writers on the subject give a disastrous picture of the incessant communication which subsists between the larger towns of a country such as France, and between the towns of adjoining countries, such as those of France, I 114 LAWS FOR THE REGULATION OF VICE. Chap. IV. Italy, Belgium, and Switzerland, simply for the purpose of regulating the supply of prostitutes and adjusting it to the demand. It is indeed this active communica- tion which has aroused the fears of the medical autho- rities and induced them, at successive medical con- gresses, to make a public appeal for international sani- tary regulations. But this traffic, even within the limits of a single country, is, in itself, a most detestable outcome of the general system, and the more so as the organi- sation by which it is perpetrated is widely ramified and is delicately shrouded from public view. Dr. Jeannel (Chapter II.) gives a series of facsimile letters from mistresses of houses to one another, or from mis- tresses to'prostitutes, and vice versa, opening out nego- tiations, describing the qualifications wanted or offered, the terms, the existing indebtedness, and other essen- tial details. The general impression given is that of a sort of secondary morality which has entirely super- seded primary morality. All sense of moral guilt, even of irregularity, seems to have vanished from the minds of the traffickers ; and the trade in the bodies and souls of women is scarcely distinguishable in a single par- ticular, except that of a sort of polite privacy which environs it, from the most legitimate and beneficial trade by which society is enriched and ameliorated. Dependent The most striking and alarming fact attending upon Institutions. ox the institution of licensed houses is that it calls into existence a series of depending institutions, every one of which is a means of profitable occupation to a vast variety of persons. These subordinate and parasitic Institutions gather round themselves the same kind of customary attachment which belongs to what is in- offensive and innocent. They enter into the thoughts, sentiments, the very conditions of existence of vast numbers of persons. Thus while the national con- science becomes ever more widely and deeply corrupted, the obstacles in the way of securing the influence of LICENSED HOUSES. 115 public opinion to assist the sweeping away of the whole Ghap. IV. hideous structure seem to grow almost insuperable. The following extracts from the work of Dr. Parent- Pabbnt-Du- CHATELET ON Duchatelet's chapter on " Des Lames ou Mattresses de " dames de Maison" (Vol. II. p. 423), will serve to illustrate the ^"^o''-" sort of secondary morality which the system of licensed houses generates. They consist of actual letters from women of different conditions, addressed to the Prefect of Police, and requesting from him permission to keep a licensed house. (1) "An old woman, aged eighty, addressed theLExiEESTo ,, Ti p , . , , , THE PeBFEOT. Prefect m these terms : — " ' Aged eighty years, mother of a numerous family, " ' I implore, M. le Prefect, your help and protection. " ' You, the father of the poor, the support of the " ' widow and the orphan, the prop of the afflicted, the " ' asylum of the wretched, you will surely not refuse " ' my request. At such an advanced age, and feeling " ' myself on the point of surrendering myself to God " ' and appearing in the presence of my Creator, it is " ' my duty to provide for the wants of my children, " ' and to hand down to them the means of livelihood.' " She then went on to request the Prefect to grant her daughter and grand-daughter licenses to keep Mai- sons de ToUrance. (2) " Others write :— " ' M. le Prefet. " ' I have only you as a resource to lean upon ; burdened with a family of tender years, I implore you not to refuse me an honest means of livelihood and of bringing up my children. Deprive me not, M. le Prefet, of a consolation of which an afflicted mother stands in so great need.' (3) " ' M. le Prefet. " ' Madlle. D has the honour to explain to " ' you the cruel reverses of fortune that would have " ' driven her to the final act of despair, if she had not I 2 116 LAWS FOR THE REGULATION OF VICE. Chap. IV. been restrained by a sentiment of religion from ' ' parting with that wbich comes from above. Her ' ' grave and circumspect conduct, the care she has taken of her father and mother and that she lavishes ' ' on her childi-en have won for her the esteem and ' consideration of all the better class of people ; being ' ' unable to bring herself to work, she desires to be au- ' ' thorised to receive at her house six women, &c., &c.' " Defence of THE iNSTITn- TION. Diminution OP Houses in Paris. It is scarcely necessary to say that the foreign writers on this subject are by no means insensible to the gross scandal and flagrant immorality and hypo- crisy which facts like the above disclose. They only defend the institution on the ground that, on the whole, the institution of licensed houses assists the police in bringing prostitutes under medical control, and that there is no third course between the course adopted and that of giving up altogether the battle ■\vith the pliysical evils which follow in the wake of prostitution. Indeed the decrease of licensed houses is regarded as rather a serious symptom, as it generally argues the increase of that foe of the doctors and the police, clandestine prostitution. Thus while M. Lecour bemoans the increasing number of arrests which have to be made every year and the incapacity of all avail- able machinery to grapple with an evil which is inces- santly gaining fresh force, his statistics show that, for the fifteen years between 1855 and 1869, there has been a continuous diminution in the number of licensed houses in Paris, the number in the first of those years being 204 and in the last of them 152. (" La Prostitution a Paris et d Londres," p. 134.) The existence of these licensed houses with all the horrors they imply and all the demoralisation they spread through society in ever widening waves has been, and is, a grievous stumbling-block in the path of the supporters of the system of licensed prostitution. They LICENSED HOUSES. 117 have been driven to two measures, signs either of a Chap. IV. pitiable feebleness of purpose or of the last energy of despair. One of these measures is to parade a laboured apology for the institution on the face of the regula- tions which create it. The other is to endeavour to dispense with the institution altogether and to try to work the system of licensed prostitution in the absence of it. The apologetic method is illustrated by the Ebcent late Hamburg Regulations, which ran as follows : — EequTSmns "All keepers of licensed houses, male and female, " and registered girls, should bear in mind that their " profession is only tolerated but not allowed or even " authorised or approved of. Still less have they " reason to believe that their profession is to be put on " a par with other authorised professions because a tax " is levied upon them, or to brave on that account other " honest citizens." It is well known that no country has vacillated more in her policy on the whole subject than Prussia. In the regulation of the Eoyal Presidency of Police, December 18th, 1850, a long preamble attempted to justify the enacting clauses of the regulation. In the course of this preamble it was said : " No doubt the " moral sentiment revolts at the idea that the public " authority should tolerate and protect houses set " apart for purposes of vice, but experience has proved " that this mode is, for Berlin, the least objectionable." Mr. Acton (p. 140), ' speaking of these regulations, notices that they have become to a great extent obsolete, as the opinion both of the Government and of the public generally has, since their promulgation, de- clared strongly against the brothel system, and such places were finally abolished in 1855. From the fol- lowing terms of a petition recently addressed to the Eeichstag of the German Empire by the Central Com- mittee of the Inner Mission of the Evangelical Church in Germany — a vast organisation which not inade- 118 LAWS FOE THE REGULATION OF VICE. Chap. IV. Petition of THE German " Innee MISSION." quately represents the internal life and external activity of the whole of German Protestantism — it appears that the re-institution of licensed houses by a law of the Empire is now seriously threatened. " Berlin and Hamburg, Dec. 9th, 1875. " Upon the occasion of the revision of the Penal " Code of the German Empire, on the 15th of M.ay, " 1871, certain additions were proposed, emanating " from the Reichstag itself — sections 180 and 361 ; " additions which would have for their effect to accord " a legal existence in Germany to houses of infamy, " and thereby to introduce them within certain por- " tions of the limits of the Empire in which they do " not at present exist. It is not to be doubted but " that the motive which has dictated this proposition " is the supposed interest of the public health, but " we are none the less convinced that its adoption " would be injiirious to the public welfare, and that the " moral foundations of our social life, already menaced, " would thereby be still more profoundly shaken. . . . " In virtue of the considerations herein enunciated, " and referring, moreover, to the petition which we " addressed on the 30th of March, 1869, to the Parlia- " ment of the Northern Confederation, with the accom- " panying memorial, by which it was strengthened ; " relying upon the unanimous vote by which that high " assembly, in its session of the 6th of May, 1869, re- " ferred our petition to the Chancellor of the Empire, " to be added to the documents intended to serve for " the compilation of the Penal Code of the Northern " Confederation ; and in the conviction that there " should and could be found a remedy for the evil of " which we are speaking other than the legalisation of " the trade of the procurer, we address to the Reich- " stag the following prayer : — That the Reichstag be " pleased to reject every proposition tending to alter " the provisions already enacted by the law against the LICENSED HOUSES. 119 " trade of the procurer, or to authorise in any manner Chap. IV. " whatever the exercise of that trade by placing it " under official protection.'' Prussia and the German Empire are thus invited to abstain from recognising the institution of licensed houses, and yet not a word is said about the general system of licensed prostitution which in fact exists, at Berlin and Hamburg, in a highly organised form. How far a professed non-recognition of licensed houses implies a real and bona fide non-recognition of them will be discussed later on when the English method comes under review. In the meantime it is worth while to cite the aspira- tions of an eminent Italian authority, Dr. Castiglioni, De. Castio- who is a warm advocate of the system of licensed prosti- "''^^• tution in all its essential features, and yet holds that the necessary abuses that attend the institution of licensed houses are too great to be encountered on behalf of any end whatever. Dr. Castiglioni was the Govern- ment Inspector charged with the application of the regu- lations in respect of prostitution immediately after the Italian occupation of Rome in 1870. He was also Chairman of the 5th Congress of the Executive Commis- sion of the Italian Medical Association, and in that capacity issued a lengthy report " On the Surveillance of Prostitution," which was published in Rome in 1872, and from which the following is a translated extract : — " The favourable sanitary result obtained by concen- " trating prostitution in brothels refers alone to that " portion so concentrated ; this advantage is neutral- " ised by the increase of clandestine prostitution which " undoubtedly takes place by persecuting prostitutes " that will not stay in brothels, firstly, because they " like their personal freedom, and, moreover, because " in these places an infamous traffic is carried on by " the owners, who completely crush their unfortunate " victims and take from them every chance of bettering 120 LAWS FOR THE REGULATION OF VICE. Chap. IV. " their position or redeeming themselves in so far as it " is possible for such women to do so. It is all very Ikdebtedness " well for the regulations tx) say that no debts shall be Bkothels. " ^^ obstacle to a woma:n leaving a brothel, but the " fact is, everything she wears, possesses, and therefore " takes a pride in, belongs to the brothel keeper ; she " cannot, without paying all, take a single thing away, " except the modest and, perhaps, dirty clothes she " entered in, and which are reserved for her by the " regulations. Very few prostitutes leave a brothel to " marry or lead a proper life ; most go from one brothel " to another loaded with debts that they can never get " rid of, whatever may be established to the contrary " by the regulations, because there is an abominable " league of all brothel keepers by force of which they " never admit an indebted woman unless she brings the " load of everlasting debt with which she runs her " fatal course. ... I need not analyse or confute all " the articles on the organisation of brothels that I have " here reproduced ; suffice it to say that they really "justify the degrading reproof made to the Govern- " ment of being the chief of the brothel keepers. This " is, moreover, aggravated by the tax levied ; as this " varies in proportion to the profit and importance of " the brothel, it is really an income tax, and thus " brothel-keeping is placed on the same footing with an " industry, art, or profession. The laudable object of " the framers of the legislation was to provide more " effectually for the preservation of public health, but " at such a price I cannot approve it." It is necessary to introduce one more lengthy quota- tionw hich substantiates the view of Dr. Castiglioni and is important from the responsible character of the autho- rity which speaks. The following is the language in Abolition of which the Municipal Government of Zurich in June Toleration IN TO ^,, i t i j ii -r. i • i ' ZuKioH, 1874. io74, abolished the Regulation system as there existing: " Toleration gives rise to a fatal confusion of ideas; LICENSED HOUSES. 121 " men become accustomed to regard all that passes in Chap. IV. " houses thus protected as a permitted thing, and the " young thus lose all the ideas of good conduct which " have been inculcated upon them. A moral confusion " no less fatal is produced among the employes and " agents employed in the ' morals-police ;' the fact of " being in constant relations with the tenants of bad " houses necessarily leads to a species of intimacy. " Moreover, it is not possible that they should display False Posi- " much energy against unlicensed prostitution while pquok ^° " they are occupied in favouring licensed prostitution. " Thus the police are placed in a false position ; they " can only truly maintain a repressive attitude tov^ards " prostitution by showing themselves frankly hostile " to it in all its forms. To admit any sort of compro- " mise with a trade fundamentally evil, to tolerate one " description of houses of debauchery and make war " upon others, is to enter upon the path of half-mea- " sures, compromise, and equivocal partiality, fruitless " of every good result. Zurich owes it to herself to " watch over the interests of the young confided to her Interests op " care. To facilitate the approaches and multiply the " opportunities of vice is to offer temptation to the " numerous students of the Polytechnic school and " University, to our own citizens, and to the youth of " the Canton gathered together in Zurich, whether in " our barracks, or in our Military, Federal, or Cantonal " Schools. The snare is all the more dangerous because " presented under a false semblance of sanitary immu- ". nity. The opinion that tolerated houses are a pre- " servative against contagious diseases is refuted by " modern statistics, and supported at present only by " a minority of opinion among the faculty and by the " tenacity of inveterate prejudice. Whatever advan- " tage may be drawn from tolerated houses in respect " of prophylactic measures against contagion can never " counterbalance their injurious effect, both immediate " and indirect, for it is a recognised fact that the 122 LAWS FOR THE REGULATION OF VICE. Chap. IV. " existence of these establishments tends to foster and " develop sensuality and to multiply the means of " gratifying it, while the abolition of such places facili- " tates, in an equal degree, every efibrt towards the " abolition of prostitution. This is shown by the result " of experience in the city of Frankfort-on-the-Main, " and by the moral and sanitary condition of that town " as compared with Hamburg. Moreover, if prostitu- " tion, like other vices, is indestructible ; if the action " of the police cannot be brought to bear except in " cases of public scandal, well-founded complaint, " solicitation, procuring, and the like ; how much " reason is there to take action against institutions " which, while offering further indulgence to the " habitual profligate, are at the same time hotbeds of '• prostitution and nurseries of every description of " crime and abuses punished by the laws protective of " public morality. In a word, the system of oificial " tolerance of prostitution is irreconcilable with the " idea of the State as a moral power, and with every " sound principle of social economy, and is regarded " with just reprobation by the conscience of the great " majority of the people." The institution of licensed houses has thus been fully explained by reference both to the police regula- tions by which it is built up and to the evidence of those best cognisant of its internal workings, who can- not be suspected of looking at any of the ordinary accompaniments of licensed prostitution with an un- friendly eye. It has been seen that by the general confession even of those who support the institution, on the ground of its necessity as the least of two evils between which a choice must peremptorily be made, it is odious in itself and capable of giving birth to evils among the greatest to which humanity can be sub- jected. The only attempted defence of it is that it LICENSED HOUSES. 123 enables the police to exercise a certain limited amount Chap. iv. of internal supervision over a class of houses which ex- perience proves it to be hard to abolish ; while it secures the co-operation of the mistress of the licensed house in enforcing upon the inmates a regular attendance at the periodical examinations and compliance with the other rules and regulations laid down by the police. Dr. Mireur, of Marseilles, indeed estimates so highly Dk. Mireuk's the advantages of licensed houses in this last respect that he would confine the whole operation of the system of licensed prostitution to those houses, the mistresses of which he would make directly respon- sible for the existence of disease among the inmates. Of course the result must be simply to rivet the chains of slavery which are already heavy enough round the necks of those unhappy creatures ; and, by creating a monopoly, to give the most potent impulse to the insti- tution. Outside the licensed houses Dr. Mireur would offer no sanitary protection and would leave prostitu- tion to be punished as an offence by the ordinary Courts. In fact in describing his method he becomes eloquently virtuous so far as the world outside the • licensed houses goes. " Public prostitution will become '' an offence provided for and punished by the Penal " Code. Those who commit it will know beforehand " what they are exposing themselves to ; they will no " longer fall under the jurisdiction of a special and im- " perfect police but of the ordinary Courts. They will " understand that it will no longer be enough to submit " to some administrative requirements in order to ac- " quire the right of surrendering themselves to a " profligate mode of life with impunity ; they will " understand that prostitution— oiifeide licensed houses " — .is no longer, as now, a recognised industry, and " that in giving themselves up to it they render them- " selves liable to be punished with the utmost rigour "of the law "(p. 389). 124 LAWS FOB THE REGULATION OF "VICE. Chap. IV. With respect to the internal supervision of the houses Alleged In- ^-Ueged to be exercised or exercisable by the police, this TEKNAL Police [g on the admission of all the writers, a merely hopeful Sdpekvision. , , „ „ . . „ . . phantasy, and not a fact, or, so far as it is a tact, it is one very unprofitable to the main sufferers from the institu- tion. It may be that, by facilitating the entry by the police, the possibility of the grosser forms of outrages or even of the more palpable frauds is excluded. But this result might surely be quite as effectually obtained by enabling the police, under a special warrant, to enter any house whatever in which they had reason to suspect the commission of such offences, and to take exactly the same ulterior steps as, or even more deci- sive ones than, are now available in the case of licensed houses. The institution of licensed houses presents no bar whatever to the silent and unobtrusive enslavement and imprisonment of the inmates, the innumerable minor frauds committed upon them, the overbearing influence which is secured over their minds, and the pitiless harshness with which, without an hour's notice, luxury and indulgence is, owing to some accident • of fortune, ever liable to be exchanged for abandon- ment and contempt. It is all these less tangible evils that the laws and regulations in support of the institution of licensed houses propagate and magnify, and surely the repression of the coarser outrages, — which certainly, as has been shown, might be achieved otherwise, — ought not to be purchased at the price of directly promoting innumerable and unmeasured wrongs. The ineradicable evil attaching to licensed houses has been the side of the system of licensed prostitution which has- been the first to stir the public conscience and has given rise to various devices for eluding its necessity. In some places (as lately in Hamburg) the regulations con- tain on the face of them a laboured apology for the insti- LICENSED HOUSES. 125 tution, and proceed on the theory that a few courteous Chap. IV. compliments to the claims of morality inserted in the preamble of a law will obviate all the demoralisation which must, of necessity, be looked for as the effect of putting in force its enacting clauses. The Berlin Regu- lations were equally apologetic, and after more than twenty years of uncertain and vacillating policy, the open recognition of licensed houses is now at an end throughout the German Empire. The Imperial Par- liament had however only recently been hesitating whether or not to include the recognition of licensed houses within the purview of the new Penal Code. The municipal Government of Zurich has, within the last two years, abolished thcr whole system of licensed prostitution, as previously existing there, in language which sufficiently shows that the institution of licensed houses was regarded as at once an essential charac- teristic of the system and, on that account, its final condemnation. It may thus be fairly concluded that it is the pub- Gtenebal Con- licly announced opinion ol some lairly representative licensed States of Europe that the institution of licensed houses Houses. involves such abominations that, if it be proved that the .system of licensed prostitution involves the presence of that institution as a, sine qud non, that system must fall with it. At the same time other important States in practice incorporate the institution of licensed houses in their regulations for licensing prostitution, and, in fact, treat it as an essential part of those regulations ; while every leading writer on the subject, while deeply — and by no means hypocritically — deploring the atrocities which the institution involves, bestows a vast amount of thought on the improvement of its organisation, and evidently considers the main hope of the licensing system generally to lie in the medical and police control which the institution of licensed houses involves. 126 LAWS FOR THE REGULATION OF VICE. Chap. TV. It thus becomes important to inquire whether it is ~~ true that the system of licensed prostitution involves, as of necessity, the institution of licensed houses, it being observed that this institution may be indirectly protected and favoured by the lavsr even where no express law or regulation applies to it otherwise than for purposes of repression. There may be a conflict between the letter of one class of laws which forbids, and the spirit of another class which countenances ; the result of which would be that Courts of Justice are paralysed, the police vacillate, the public con- science is perplexed. In such a condition of things, the general effect of the law is to permit, and (inas- much as whatever the law permits it is bound, on some occasions, to protect) to encourage. This is just the condition of things in England with respect to the attitude of the English " Contagious " Diseases Acts " towards brothels, the legal name of which is "bawdy-houses," falling under the generic head of '' disorderly houses." English Com- The rule of the English common law, as laid down HON Law ON , . p , t> >/-»«■ i Bkothels. m Burns "Justice of the Peace (Maule's edition), Bokn's under the head " Disorderly house," is, that " although " lewdness be properly punishable by the ecclesiastical " law, yet the offence of keeping a bawdy-house cometh " also under the cognizance of the law temporal, as " a common nuisance, not only in respect of its en- " dangering the public peace, by drawing together " dissolute and debauched persons, but also in respect " of its apparent tendency to corrupt the manners of " both sexes." It is said lower down, " keeping a " bawdy-house is a common nuisance and may be " indicted as such ; so a person may be indicted for " frequenting it. ... A wife may be indicted together " with her husband, and punished with him, for keep- " ing a bawdy-house ; for this is an offence as t(5 the " government of the house in which the wife has LICENSED HOUSES. 127 " a principal share ; and also such an offence as may Chap. IV. " generally be presumed to be managed by the intrigues " of her sex. A lodger is also indictable for this offence, " as well as the proprietor of a house, if she convert her " lodging to the same offensive purpose." Recent statutes have been enacted in order to pro- Kepkbssionbt . , T , „ . Statdtb. vide a readier and more summary way oi suppressing such houses than the cumbrous process of indictment. Thus, by the 25 George II. c. 36 (made perpetual by 25 Geo. II. the 28 Geo. II. c. 18), it is enacted (s. 5), " in order °' " . . , ^ ^' , . 28 Geo. II. to encourage prosecutions against persons keeping o. is. " bawdy-houses, gaming-houses, or other disorderly " houses,'' that any two inhabitants of " any parish or " place ' paying scot and bearing lot therein,' may " give notice in writing to a constable of any person " keeping a bawdy-house, gaming-house, or any other " disorderly house, and upon such persons swearing " before a justice to their belief in the truth of the " notice, and entering into recognizances of twenty " pounds each to produce evidence, the constable shall " enter into a recognizance to prosecute at the next " quarter sessions or assizes, and, upon conviction, 'each " of the persons who promoted the prosecution shall " have ten pounds paid to him by the overseer of the " parish." By the 58 Geo. III. c. 70, s. 7, the overseers 58 Geo. III. may, if they choose, take the place of the constable as ' prosecutor. By the 3 Geo. IV. c. 114, the party con- 3 Geo. III. victed of keeping a common bawdy or other disorderly °' house may, as the Court shall think fit, be sentenced to imprisonment with hard labour for any term not ex- ceeding the term for which the Court might then imprison for such offences either in addition to or in lieu of any " other punishment." Still more recent legislation, embodied in what is called the " Towns Pohce Clauses Act " (10 & 11 Vict. 10 & li Vict. c. 89), has still further simplified the procedure in cer- •'•''• tain cases. The 35th section of this statute enacts, 128 LAWS FOB THE REGULATION OF VICE. Chap. IV. Bye-law at Plymouth. Me. W. Phillips. " that every person keeping any house, shop, room, or " other place of public resort within the limits of the " special Act for the sale or consumption of refresh- " ments of any kind who knowingly suffers common " prostitutes or reputed thieves to assemble and con- " tinue in his premises, shall for every such offence be " liable to a penalty not exceeding five pounds." There are also various local Acts of Parliament, limited in their application to the larger towns of the country, which give increased powers to the police for carrying into effect the common law prohibition of brothels. A bye -law made under such an Act, for instance, exists at Plymouth, one of the towns, by the way, to which the Contagious Diseases Acts apply. An account of this Act is contained in the following evi- dence of Mr. W. Phillips, solicitor and clerk (since 1868) to the Plymouth Justices, before the Royal Commission of 1871. (Q. 6414) " Is there a bye-law in force in Plymouth " making it an offence punishable with a £5 fine for " the occupier of a house to employ or encourage pros- " titu'tes in his house ? " " There is, and of late years " it has been put in operation more extensively than it " was formerly." (Q. 6415) " Since when ? " " Almost " since I have been clerk. There were a few cases " before that, but I do not recollect many before that." (Q. 6416) " The bye-law was neglected before that?" " The bye-law was neglected before that. It's an old " bye-law passed about thirty years ago." (Q. 6417) " That bye-law is equivalent to a summary process " against brothel keepers ? " " Very nearly. They get " out of it sometimes. Some technical point arises " which would not in the case of the law asrainst '■ brothel keepers ; but it works very well and keeps " the houses quiet." It thus appears that the rules of the English common law, as they have existed from the days of Coke (to LICENSED HOUSES. 129 whose authority Burn appeals) in Queen Elizabeth's Chap. IV. time, are to the effect that the keeping a brothel is an indictable offence, and even the persons frequenting it are liable to prosecution. Sundry Acts of Parliament, general and local, have also been passed in order to secure and facilitate the prosecution of these houses. The attitude both of the Common and of the Statute Law towards these houses and towards those who own, keep, and frequent, them is that of uncompromising and implacable hostility. It niay be that experience teaches that there are English Law serious practical difSculties and even theoretical ob- pression oi? stacles in the way of organising an active crusade Beothels. against such houses in the mass and of giving the police the powers necessary for the purpose. It may be that the actual powers of suppression given by the Law are insufficient even for such an amount of suppression as is clearly contemplated; and there is no doubt that the subject does present consider- able legislative difficulties, the gradations between an ordinary lodging-house to which prostitutes, among others, generally resort, and a lodging-house chiefly maintained for the purpose of facilitating prostitution, being so fine as to be almost imperceptible, and conse- quently much vigilance being needed to prevent illegal aggressions by the police. But, so far as the law does speak and act, it does so without any ambi- guity or vacillation. It condemns and it punishes. It knows no indulgence, licence, or compromise. All involved in the offence of keeping or frequenting a brothel are guilty before \the Law, and are liable to be punished in the measure, at the time, and by the processes, which the Law, as it may seem expedient, points out. It now remains to be seen whether the Contagious Diseases Acts introduce, either expressly or impliedly, any legal principle at variance with the standing rules, K 130 LAWS FOE THE REGULATION OF VICE. Chap. IV. as above expounded, of the Common and Statute Law. The enquiry is essential to the discussion because, on the one hand, it is sometimes laid to the credit of these Acts that they have led to the diminution of brothels ; and, on the other hand, if it be true that the Con- tagious Diseases Acts not only fail to discourage brothels, but in practice remove from them the ban placed upon them by the general law, then is it true that English experience confirms an overwhelming amount of experience gathered elsewhere, that the system of licensed prostitution cannot subsist apart from the institution of licensed houses, and that, if effectual war is to be waged against the latter, the former must be swept away likewise. The only passage in either of the Acts, of 1866 or of 1869, in which the subject is alluded to, is the following clause of the former of these Acts (29 Vict. cap. 35, s. 36) :— 29 VioT. 0. 35, " If any person, being the owner or occupier of any TEKTAiNiNQ " house, Toom, or place within the limits of any place Diseased a a " assistant m the management thereof, havmg reason- " able cause to believe any woman to be a common " prostitute and to be affected with a Contagious " Disease, induces or suffers her to resort to or be in " that house, room, or place for the purpose of prostitu- " tion he shall be guilty of an ofi"ence against this Act, " and on summary conviction thereof before two jus- " tices shall be liable to pay a fine not exceeding twenty " pounds, or, at the discretion of the justices, to be " imprisoned for any term not exceeding six months " with or without hard labour : provided that a con- " viction under this enactment shall not exempt the " offender from any penal or other consequences to " which he may be liable for keeping or being concerned " in keeping a bawdy-house or disorderly house, or for " the nuisance hereby occasioned." LICENSED HOUSES. 131 This, as was before said, is the only clause in the Chap, iv. Acts which touches the subject of houses resorted to EMEOTorTHB for the purpose of prostitution ; and the effect of this aboveCladse. clause is obviously, in spite of the formal deference paid to the general law by the proviso, to substitute the offence of entertaining a woman for the purpose of prostitution while having reasonable cause to believe her " to be affected with a Contagious Disease," for the older offence of entertaining her for such purposes at all. This clause must, and will, be interpreted in con- nection with all the other clauses of the Act, and with the general object of bringing as many prostitutes as possible under medical control which characterises all its provisions from first to last. Whether or not the " owner, occupier, manager, or assistant in the man- " agement " is patronised and favoured, or informed against, under the provisions of the ordinary law, is sure to depend on the zeal with which he co-operates with the police in promoting the general objects of the Act. The police who work the Act are special Metro- Fdnotions of jMptropot t- politan police, and, as such, are wholly unconcerned tan Police. with the moral interests of any particular district to which they may be sent, or with the views and senti- ments of its respectable inhabitants. Their first or only objects in view must be those of converting as many women as possible, who are hovering between respectability and prostitution, into registered prosti- tutes, and securing that as few registered prostitutes as possible evade the periodical examinations. The police must be led, by an instinctive sense of what their special office demands, to ignore or shield from prosecution the keepers of brothels who co-operate with them in these respects — as foreign experience demonstrates they, above all other persons, can, if they please. Even apart from these Acts, it is often held to k2 132 LAWS FOR THE REGULATION OF VICE. Chap. IV. be expedient only to suppress those brothels which give rise to special scandal, though much more com- prehensive efforts in this direction are made in some towns than in others. The effect of the Acts is to take as the test of criminality not the public scandal, the tyrannical usages, the public demoralisation, proved to he connected with a given house, but the simple question whether the " owner, occupier, manager, or assistant in " the management," does or does not co-operate with the police in promoting the periodical examination of prostitutes. It need not be pointed out that all dimi- nution of brothels attributed to these Acts must be a mere illusion, and is only one more of the hourly fallacies falling under the head " plurality of causation." There is no clause in either of the Acts which directly or indirectly touches the subject except the one above cited, and this one, as has been shown, by inviting the Co-oPEBATioN co-operation of the brothel keepers in achieving the Keefeks'^'^^' sanitary purposes of the Acts tends, so far as it operates, to check the salutary control and qualify the absolute condemnation proceeding from every other part of the law. If it were as true as there is excellent evidence to believe it the reverse, that the number of brothels had decreased in a greater ratio in the subjected dis- tricts than elsewhere, this result could only have proceeded either from a more vigorous application of the ordinary law in those districts since the Acts have been in force, as Mr. Phillips, in the evidence already cited, states to have been the case at Plymouth since the year 1868, or because fear of the periodical examination has tended to foster clandestine prosti- tution at the expense of brothels. So far as this last mode of operation is the true solution, it might be a matter of congratulation to those who prefer any form of the evil to that which it assumes in the licensed houses. But this is hot a result the advocates of LICENSED HOUSES. ' 133 the Acts can use as an argument in their favour, Chap. IV. as it means that the Acts only fail to encourage brothels by becoming impotent and nugatory for their own ends. That it is quite possible largely to reduce brothels by an application of the Common or Statute law wholly irrespective of a system of licensed prosti- tution, — were not the opposite proposition almost too absurd to maintain, — is manifest enough from such facts as those contained in the " Report on Crime of the Sdppebssion " Liverpool Head Constable furnished to the Town jj, livbbpool. " Council on the 29th of September, 1873," from which it appears that the number of brothels in Liverpool was reduced from 777 in 1864 to 516 in 1873, not- withstanding the large increase in population during these nine years. Yet Liverpool is not under the Acts, though it resembles Devonport and Portsmouth in being the first place of arrival of sailors from long voyages. In the Metropolitan Police District covering In London. the whole of London, which is not under the Acts, the number of brothels had been reduced from 2825 in 1857 to 2119 in 1868 ; and a peculiarly bad class of them had been almost annihilated, being reduced from 400 in 1857 to only 2 in 1868. That it is not merely an d priori conclusion that the Evidence as Acts must withdraw from the keepers of brothels the police with stigma of illegality and of liability to condign punish- Bbothel ment with which the Common and general Statute law otherwise unequivocally brands them, and must further inevitably lead to an iniquitous concert between them and the special police,maybegatheredfromsuchevidence as the following brought before the Royal Commission of 1871. Thus Inspector Smith, employed in the exe- Inspector cution of the Acts, on being asked (Q. 14,211), " Do ^"™- " the brothel keepers in Aldershot attempt to disguise " the character of their houses ? " answers, " Not the "slightest." (Q. 14,212) "They are known to the 134 LAWS FOR THE EEGULATION OF VICE. Chap. IV. Beothel Kebpebs in Favour op THE Acts. " police ?" " Yes." (Q. 14,213) " And you enter them ? " "Yes." (Q. 14,214) "Do they hesitate to show you " the women or to give you an account of the number " of the women in the houses ? " " No, not at all." (Q. 14,215) "Then, in fact, you derive your information " from the brothel house keepers as to the number of " the women lodging with them ? " "I do, in a mea- " sure." (Q. 14,226) " Do the brothel house keepers in " Aldershot try to assist you in discharging your duty, " or do they oppose you ? " "1 never found any oppo- " sition from them. If I go and ask them a question " I generally find I have been told the truth." (Q. ll',222) " Are the brothel keepers in favour of " the Acts ? " "I believe so, in fact I have heard " them express themselves to that effect." (Q. 14,223) " Then so long as they conduct their business without " disorder you do not meddle with them ? " " No, I " do not meddle with them in any way if they do not " give me any reason for doing so."' (Q. 14,277) " What is it that makes them regard the Acts with " favour ? " "I suppose it is from a personal motive. " I do not know of any other. If a woman was Ul or " diseased, or anything of that sort previous to the " Acts coming into operation, she would be some con- " siderable trouble or expense." (Q. 14,278) " She " would be an incumbrance and trouble to the brothel " keeper? " " Yes." (Q. 14,279) "Now she is sent to " the hospital instead ? " " Yes, that is my view of it." (Q. 14,456) " In what way is it (the Act) for their '• benefit V " If they had women in their houses who " were diseased they would become considerably more " trouble and expense to them, they would have to get " them to the workhouse, and perhaps a woman would " be occupying a room which the brothel keeper might " probably otherwise let to other tenants, whereas if a " woman is laid up in the room, the brothel keeper " would be deprived of the rent." LICENSED HOUSES. 135 J. A. Phillips, again, of the Metropolitan Police, gives Chap. IV. similar evidence. On being asked (Q. 19,736^, " Did p'^i^i^^ " you take any measures to make the brothel keepers Constable pitals can be expected to do without the accom- paniment of a personal moral energy of the most exceptional and precious sort. The hospitals in connection with the system of licensed prostitution must be accompanied by penal regulations of a kind to make them shunned, far more than any place of confinement whatever necessarily must be. There is no person to whom order, minute routine, capriciously devised punctiliousness, is more uncongenial and loath- some than to a man or woman living a life of profligacy or prostitution. Whether it is or is not a wholesome discipline to submit a woman to such a regime is a distinct question, but there can be no question about it being insupportably odious to her, especially when enforced by the policeman and the prison. The con- ditions are, of cpurse, far more oppressive in that it is of the essence of the system to gather under it all the women bordering on the prostitute class, or rather all women whatever who are likely to be, sooner or later. 154 LAWS FOR THE REGULATION OF VICE. Chap. V. qj. ^j times, prostitutes. Thus, physical treatment for disease is invariably and inextricably bound up with imprisonment under arbitrary regulations for a period of (it may be) nine months in England and of an in- definite length on the Continent. Hence, this institu- tion of hospitals is convicted, first, of sacrificing in the grossest form the liberties of a vast number of vs^omen unconvicted of crime and only in rare cases marked out for the purpose by any judicial process whatever j and, secondly, of making the physical treatment of disease as odious and to be shunned at all hazards as any device well could make it. It is, of course, impossible to use the same sort of arguments in condemnation of the hospitals as have been used in respect of the registration of prostitutes, the periodical examinations, or, of course, the licensed houses. These parts of the system are found to be, upon the arguments here used, irretrievably bad and inexcusable. The sole purpose of them all is the ascer- taining of the area of legally permissible vice, and the protecting, refining, and facilitating it within this area. On this account, and on account of the necessarily harsh and unjust legal machinery needed to make the system work, those parts of the system stand condemned on the most obvious moral and constitutional grounds. In the case of the hospitals, on the other hand, though their existence is essential to the system, their purpose is, at the worst, ambiguous. It may be said that, though some persons may regard their main design as that of curing prostitutes with a view to a speedy re- turn to their course of life, yet others may reasonably regard their purpose as that of cming prostitutes quite irrespectively of their conduct after theii' cure or even as the best means to their moral recovery; and, as it is admitted on all hands that this last purpose is, in itself, a demonstrably good one, the hospitals ought rather to be looked upon as a redeeming feature of the whole CERTIFIED HOSPITALS. 155 system than as an aggravation of It. It is said, further. Chap. V. that the forcible retention in hospitals of persons afflicted with contagious diseases, such as small-pox or scarlet fever, is justified, in England at least, by- analogies supplied by well-lcnown statutes for the pro- tection of the public health. As to this last consideration, it is sufficient to notice Assumed that it is only by a clever and insidious fallacy that the ^^h^^other diseases engendered by association with prostitutes are Sanitart likened, for the purpose now under consideration, to such contagious diseases as small-pox, scarlet fever, measles, -whooping-cough, and the like. In the case of the latter class of diseases contamination is easily effected through the mere thoughtless negligence of the patient or of those in whose care the patient is, and the rest of the public both are unable, without the help of law, to protect themselves against the consequence of this negligence, and have a moral right to be protected by any means not incompatible with ends equally or more precious. Such means are found in the tempo- rary seclusion of the patient in a hospital, in rigid rules with respect to the use of public conveyances, and in intercepting all communication between the patient and the outer world. No conceivable immorality is promoted by such measures. Liberty is infringed as slightly as is consistent with the attainment of the ends in view. The intrinsic moral duty which lies on the patient to conform to the measures applied is as nearly aspossible co-extensive or identical with the limits of the legal necessity. The moral right on the part of all other persons to have the benefit of such protection is about as clear and strong as it can well be. Neverthe- less, even in such cases, there is wide room for discus- sion as to the sort of diseases in respect of which such stringent and exceptionable measures are justifiable, and as to the limitations under which alone the mea- sures ought to be applied. It is scarcely possible to picture a broader contrast Diseases. 1-56 LAWS FOR THE EEGULATION OF VICE. Chap. V. than that presented by the truly contagious diseases just alluded to, and the diseases which are communi- cated through acts of vicious indulgence. Admitting to the full that countless young men are wholly un- warned as to the diseases even a solitary act of indul- gence may bring with it, and that some married men are reckless and inhuman enough to involve their families in their own penalty, still it cannot be said either that the disease is passed on without the volun- tary consent of the person who, at his risk, associates with a probably diseased prostitute, or that such a person has any moral claim whatever either as ad- dressed to the prostitute herself or to society at large to be protected, at the expense of others, from any of the consequences of- his own voluntary act of self-innoculation. Of course those who either de- sire to facilitate men's vices or regard them as a permanently fixed quantity — unchangeable when all Question of else changes — will deny this proposition. They will and^Dutt'''^^ hold that a moral relationship of right and duty can exist between two persons who, by the hypo- thesis, are doing a necessary, and no longer an immoral act. But for those who, basing their system on whatever moral foundation is most acceptable to them, hold the act of promiscuous intercourse purchased for a price to be inherently immoral, all thought of a moral claim based upon the act and promotive of it is simply absurd. The man cannot by paying a sum of money earn any moral right to have convej^ed to him in any shape, good or bad, that which is in its nature unsaleable ; nor can any obligation on the woman's part to truth, honesty, good faith, consideration, or kindness arise out of the aifectation of such a sale, nor, in fact, can co-exist with it. Thus, while, in the case of the diseases which are contagious even to the , most innocent, a moral duty incumbent on the patient precedes and fortifies the legal duty, in the case of the diseases springing from prostitution there lies on the CERTIFIED HOSPITALS, 157 prostitute no moral duty at all in respect of the man Chap. V. ■who alone can contract disease from her. In respect of the man's family, the moral duty lies on the man himself and not on the prostitute whom he abuses. It remains to be seen whether the institution of these hospitals can be defended on the ground that, at least, some diseased prostitutes are successfully treated in them, who might otherwise never be brought within the range of remedial efforts at all. It has already been seen that the obstacles to the reception of venereal patients in hospitals have always been considerable ; and it is notorious that women suffering from the diseases consequent on prostitution have been, in most countries, at all times, treated with the utmost cruelty and neglect. A reaction from such an uu-Christian and inhuman practice has naturally led to an indiscrimi- nate admiration of any institutions which seem to be based on an opposite principle. But, if such a reaction is blind enough to welcome in a fresh form all the evils from which it turned away, instead of being a subject of congratulation it must become quite the reverse. Hospitals in connection with a system of licensed prostitution can only do some good by doing more harm. They can only, at the best, cure the diseases of those who pass through them at the price of, first, firmly wedding the vast majority of their patients to a life of prostitution; secondly, of discourag- ing, through their penal character, the eager pursuit of healing agencies in institutions of a wholly different sort ; and, thirdly, of vitiating the surrounding atmo- sphere even of philanthropy itself by mixing with it the poisonous ingredients of State-regulated and pro- tected vice. The clinging garment of evil cannot be torn from these institutions, and therefore the physical cure of the diseased woman muet be sought by some method of a wholly different kind. It has already been intimated that, while all kindness and medical aid is 158 LA.WS FOR THE EEGULATIOH OF VICE. Chap. v. precious and due to one so deeply wronged as the prostitute is above all others, yet a real impression on the fact of prostitution itself cannot be produced by tending the body alone or indeed by any process which does not directly and manifestly aim at con- demning and reducing the depravity of men rather than conniving at it. Government Jt has been suggested in some quarters by those who Hospitals ^ , , , , .. „,, ,. ^ Generally. leel keenly the mercilessness ot the antiquated practice of excluding venereal patients from hospitals and who yet are not senseless of the patronage to vice which the hospitals in connection with the system of licensed prostitution afford, that all the advantages, without any of the evils, might be procured by opening at the Government expense free public hospitals specially for venereal patients or special wards for the same class of patients in general hospitals. This suggestion is ex- tremely plausible and requires careful examination. It is usually coupled with a scheme more or less care- fully elaborated for securing and even enforcing the entrance into such hospitals of all persons afflicted with venereal diseases, and for forcibly detaining them till they are effectually cured. Such a scheme often in- volves comprehensive provisions for the surgical exami- nation of all persons in the Government service who are supposed to be peculiarly liable to contract venereal affections, and of other persons who are temporarily under Government control. To the last category belong paupers, prisoners convicted of crime, and even prisoners under temporary arrest. The general nature of these schemes will be best understood by examining some of them in detail. English Act One of these schemes lay at the root of the English Contagious Diseases Prevention Act of 1864. The certified hospitals under this Act were organised in exactly the same way as those under the Acts of 1866 CERTIFIED HOSPITALS. 159 and 1869 ; but, instead of a woman being brought into Chap. V. them through the intermediate process of first making her a registered prostitute and thereby liable to periodical examinations, she must have first either voluntarily surrendered herself to a constable or have been in- formed against by him both as a common prostitute and as having a contagious disease within the meaning of the Act. In the case of a voluntary surrender, the woman was at once conducted to a certified hospital, detained for twenty-four hours for examination, and then, if found diseased, detained under penal dis- cipline (as under the later Acts) for a period which might extend to three months. If an information was ' resorted to, the woman could only be committed to the hospital on the order of a justice " on oath being made " before him substantiating the matter of the informa- " tion to his satisfaction." The majority of the Eoyal Commissioners Qf 1871 Opinion of would seem, in one of their flickering moods, to have sioneks oj been in favour of recurring to the method of the •'■^''■^■ Acts of 1864, as they recommend (s. 66), " That every " common prostitute found to be diseased after an " examination by a medical officer upon a voluntary " submission or upon a magistrate's order, shall be " detained in a certified hospital until she is discharged " by a magistrate's order, or by the authorities of such " hospital ; provided that such detention shall in no " ease exceed the period of three rrionths.'' Neverthe- less most of the members of the Commission indivi- dually dissented from the recommendation, on the opposite grounds that the Act of 1864, though good in itself, was wholly insufficient, and that the same Act was irredeemably bad. Thus, Mr. Rylands, Mr. Mundella, Mr. Applegarth, and Mr. Holmes Coote com- bine to say that " they strongly dissent from all por- " tions of the Keport in which the re-enactment of the " provisions of the Act of 1864 is recommended." Mr. Mr. Chahles Charles Buxton "feels it his duty to express grave "^''°^' 160 LAWS FOR THE REGULATION OF VICE. Chap. V. Dr. Bkidoes. Pkofessob Madwcb. Opinion op THE Seven Dissentient COMMIS- SIONEES. " doubt whether it be possible to revert to the system " of 1864." Dr. Bridges says that " the powers " entrusted to the police by the Act of 1864 appear to " him open to the gravest objections." Five of the Commissioners, again, including, besides some of those already mentioned, Professor Maurice and Mr. Cowper Temple, combine to say, " We have signed the Report " with the reservation that our assent does not extend '■ to those parts of it which recommend the revival of " the compulsory powers of surgical examination and " committal to hospitals which were contained in the " Act of 1864." The seven Commissioners who were the most whole-hearted defenders of the system applied by the Acts of 1866 and 1869 are almost stronger than any other of the Commissioners in condemnation of the Act of 1864. They say (s. 4), "We think the Act of " 1864 is open to the serious objection, amongst others, " that it gives discretionary powers to the police to " lodge an information against any prostitute they have " good cause to believe is diseased. This is a dangerous " power. The police might in some instances be over " zealous and active, in which case complaint and dis- " satisfaction would arise ; or, probably, more often " they would be so cautious and careful as to whom " they would accuse, that little effect would be pro- " duced, and a great majority of cases of disease w^ould " escape detection." It thus appears th-at, while the central provisions of the Act of 1864 in respect to the mode of bringino- diseased women under hospital treatment, were ap- proved of by the twenty-three Commissioners in a body, after a laborious investigation extending over four months, all the most distinguished of the Com- missioners, — from the most opposite points of view, — individually protested against a recurrence to these provisions. The grounds of these protests are con- tained in the extracts already given, and taken CERTIFIED HOSPITALS. 161 together, they demonstrate the cruelty and injustice Chap. V. that must follow any attempt to put into the hands of the police a power so easily abused as that of throwing on any woman they please the burden of proving she is not at once a common prostitute and diseased, — especially when failure to make out her case involves the serious consequences it does. A later scheme, of a far more subtle sort than that Mk. Bkuob's contained in the Act of 1864i, was broached in a Bill -^^ °^ ^*''^- introduced into the House of Commons by Lord Aber- dare, then Mr. Bruce, Secretary of State for Home Affairs in Mr. Gladstone's Government in 1872. Owing to the unpopularity which it soon encountered on all sides of the House, this Bill was abandoned, but, as illustrating one possible mode of dealing with the question, it still has a certain measure of importance. This BiU professed to repeal the Acts of 1866 and 1869, and, in fact, did not include any distinct and express provision for the periodical exami- nation of prostitutes. It nevertheless preserved the Pbovisions op whole organisation of the certified hospitals, and made ™^ ^^^' the following provisions for securing that as many women as possible, suffering under venereal disease, whether prostitutes or not, should be compelled to make use of them and be liable to be confined in them, as by the existing Acts, under penal discipline, and for a period which might extend to as long as nine months : — " Every woman imprisoned (1) on conviction " of the offence of being a common prostitute, (2) or " on conviction of any other offence, if it be proved " at her trial that she is a common prostitute, is liable, " if found at the expiration of her term of imprison- " ment to be affected by contagious disease, to be " detained in the infirmary of the prison or to be " removed to and detained in a certified hospital." It is certainly in favour of this Bill that it does not openly recognise any registration of prostitutes, or M 162 LAWS FOR THE EEGULATION OF VICE. Chap. V. periodical examinations, or the principle of the volun- Objeotions to *^^^y submission. In fact, no woman could come under THE Bill. hospital treatment, so provided freely at the Government expense, unless it were first judicially proved that she is a common prostitute ; a serious injustice, however, being inflicted when, on the trial for another offence, at the last moment proof of her being a common pro- stitute is tendered which she may not then and there have means of combating. The class of women who can be judicially proved to be common prostitutes must always, as has been abundantly shown, be a very small fraction of those who are really living a life of prosti- tution, and a still smaller fraction of those women who are liable to contract venereal diseases. Thus, if the scheme propounded by this Bill were ever so effectually worked, its sanitary influence in compelling diseased women generally to undergo hospital treatment would be of the most trifling sort ; while all the moral and con- stitutional objections to the introduction of special and violent measures directed against women at the public expense, for the protection of men who are well able to protect themselves, and in respect of one, and that the least to be indulged, for m of disease alone selected out of all diseases, would remain in unabated force. Mb. Chil- Mr. Childers, the member for Pontefract, and late DEES' Scheme. p,;j,g^. j^ord of the Admiralty, in the debate in the House of Commons on the 23rd of June, 1875, advo- cated a scheme of his own. He said :— " I would abolish " altogether both registration and compulsory perio- " dical examination. I would continue the Lock Hos- " pitals for special districts, and would give women who " applied a right to admission, with the condition that " no one so admitted should be discharged until she " had been either cured or reported to be incurable. " And I think it is fair to do so, without imposing " expense upon the locality, because those districts are " selected for the simple reason that in them is to be CERTIFIED HOSPITALS. 163 "" found a large number of persons, a considerable Chap. v. " portion of them being bachelors, from whom a great " deal of incontinence springs, and I think that the " localities are entitled to say that the special provi- " sions in this respect should be defrayed at the cost of " the country. I think that it would be perfectly " legitimate to make this condition, that those who go " into a Lock Hospital should not be discharged from " it until they are either cured or stated to be " incurable." Before reviewing this last scheme it wUl be con- venient to give the text of what is, in fact, an expanded and highly organised form of it as contained in a paper submitted by Dr. Jeannel to the International Medical Dk.Jeannbl's Congress of Paris of 1867. It forms a portion of a „ carefully considered and precisely elaborated mechanism Pabis, 1867. for the State regulation of prostitution and "inter- " national protection from venereal diseases." "Conclusions respecting Venereal Hospitals. 51. " The insufficiency of venereal hospitals is a " notorious fact urgently calling for a remedy. 52. "Venereal patients of both sexes ought to be " admitted freely and without any formality into " special hospitals. 53. " Prostitutes in small towns, boroughs, and vil- " lages, who are usually only expelled when they are " found to be diseased, ought to be directed by the " police to the nearest venereal hospital and there " secluded till they are cured. 54. " The internal management of venereal hospitals " ought to be improved, so that those who are diseased " should not entertain any repugnance to entering and " remaining till their cure is complete. 55. " The admission of all diseased persons wherever " they come from, the enforced seclusion even of " diseased prostitutes coming from unimportant places, m2 164 LAWS FOR THE REGULATION OF VICE. Chap. V. " and the improvement of the internal management of ' " the hospitals would not involve excessive expendi- " ture if the money saved by a more economic treat- " ment of venereal patients in the army and navy were " applied from a certain date to improving the measures '' for warding off syphilis. 56. " The internal police regulations of venereal " hospitals in each district ought to be based on those " of the venereal hospitals at Paris and of the In- " nrraary of St. Lazare, and the putting in force of the " rules ought to be rigorously secured by a thorough " system of inspection. 57. " The chief medical supervision of venereal hos- " pitals ought to be entrusted at Paris to the Inspector '• General of the ' Sanitary Services,' and in the " departments to the doctors who have special func- " tions in respect of epidemic diseases." Dr. Jeannel's scheme further contemplates the grant- ing gratuitous medical advice and medicaments to venereal patients who apply for them ; the periodical examination, and, if needed, the hospital confine- ment, of workmen engaged in large companies in the public service, and of all soldiers, sailors, and marines ; and the examination of all prisoners and persons arrested for any cause whatever. Dr. Jeannel also propounds a design for an international compact, by which every Government shall be obliged to have a venereal hospital at each of its ports ; every captain shall before leaving a port be provided by the medical officer of his consulate with a medical certificate of the health of his crew; and every member of the crew shall undergo a surgical examination by the medical ofiicer of any port which he enters before the ship is allowed to have any further communication with the shore. It has been necessary to state these various sugges- tions at some length and in consideroble detail, first, because some of them, and notably Dr. Jeannel's, un- CERTIFIED HOSPITALS. 16-5 doubtedly mark the direction in which a certain class Chap. v. of medical minds are swiftly progressing at the present time throughout Europe, and secondly, because (as in the case of Mr. Childers) even many of those persons who, on moral grounds, are adverse to the practice of licensing prostitution, listen with favour to some of these projects which, on the face of them, seem to be free from moral, or even constitutional, objections. Mr. Childers' and some part of Dr. Jeannel's scheme Compamson agree in this, that the State is to provide at the public dee^and De expense venereal hospitals, either in special districts Jeannel's where the want seems greatest, or in all parts of the ™™'^ country; that admission to these hospitals is to be gratuitous ; but that the patient once admitted must abide there till the cure is complete. Mr. Childers' scheme seems to be limited to women ; Dr. Jeannel's is extended equally to both sexes. While Dr. Jeannel's scheme is the most logical and comprehensive, it is, so far as this part of it is concerned, less unfavourable to morality than that of Mr. Childers. The only grounds on which venereal diseases could Principles deserve to be selected out of all diseases for gratuitous ™™lved. cure at the public expense must be either that they exceed in danger to the community or suffering to the patient every other disease while the liability to en- counter them is less under the control of the patient than in the case of others ; or that it is desired in some quarters, for one purpose or another, to expend public money in order to facilitate and protect vice. Of course, as was said in an earlier chapter, the greatest discrepancies of opinion prevail as to the exact magni- tude and importance at the present day of venereal diseases ; and while some authorities hold that they are becoming the scourge of modern Europe and threaten to bring about a serious degeneracy in the race, other authorities, equally trustworthy, treat the more preva- 166 LAWS FOR THE REGULATION OF VICE. Chap. V. lent forms of them as comparatively insignificant, and anyway, as becoming less and less deserving of special attention. Thus, in the . Eleventh Annual Eeport of Mb. Simons the Medical Board of Health, Mr. Simon, the Medical Kepoet. Officer to the Board, writes in language carefully ■weighed and moderate enough : " I have not the least " disposition to deny that the venereal affections con- " stitute a real and great evil for the community ; " though I suspect that very exaggerated opinions are " current as to their diffusion and malignity ; but since " the resources of curative medicine against them are '' constantly becoming stronger and stronger, it seems " probable that the worst of them will year by year " become less and less important (as endangering life " or limb) in cases where infection may obtain. It " may also be anticipated that the greatly improved " knowledge which late years have given to the medical " profession with regard to the venereal contagia will " spread, and not very slowly spread, through the " minds of the general public, and will soon very much " reduce the number of those sad cases where infected " men give syphilis to their wives and offspring.'' It would be useless to affect, in a treatise like this pre- sent one, to collect all the medical testimony on both sides as to the importance of this class of diseases in comparison with others and to sum up in favour of one view or the other. Suffice it that nothing could justify the exceptional position to which it is attempted to raise venereal diseases, but an amount of uncontradicted evi- dence, or an undisputed balance of evidence, in favour of their exceptional danger and intensity in comparison with all other diseases which it is needless to say is by no means forthcoming. , The circumstance that these diseases are more directly connected with voluntary vice than any other must surely point to a remedy first being sought through moral or ordinary legal agencies of various kinds before the constitution of the CERTIFIED HOSPITALS. 167 country is strained, and its principles of just expendi- Chap. v. ture imperilled, in lifting the sufferer from those special diseases into a position of wholly undue and mis- chievous privilege. But supposing no case can be made out in respect of Gteoums of the extraordinary danger to a helpless community pendituee." which these special diseases, in comparison with all others, present, then the only remaining argument in favour of devoting public money to the cure of persons suffering from this class of diseases above all others must be that it is a matter of extraordinary public concern that vice should either be directly facilitated or, at least, indulged in with as little expense to the general community as possible — even though this re- duction of expense necessarily involves an extension of its area. There are no writers who have the effrontery to avow in so many words that secure indulgence on the part of men is one of the benefits of advanced civilisation which must be provided for at the public charge and at any needful sacrifice on the part of women ; but there are foreign writers who, with all Foreign their hypocritical condemnation or contempt of profli- gacy, implicitly admit this doctrine. There can, on their showing, be no ground whatever for the enormous machinery they would call into existence for the cure of venereal diseases, as contra- distinguished from all other complaints, except that every one must acquiesce in the permanence of male vice and abet it. Free public hospitals in every town for none but venereal diseases mean that the ratepayers, or taxpayers as a class, have a greater concern in women being safe for promiscuous intercourse than they have in the same women being cured of every other complaint that flesh is heir to but a venereal one. But this is only saying in other words, that citizens must pay for their vices, and the State must organise the machinery by which they can most effectually do so. With all their show of phikii- 168 LAWS FOE THE REGULATION OF VICE. Chap.V. Dr. Koss' Evidence. India. thropy, such hospitals are no better than vestibules to the public brothel. But in England, at least, the public conscience is not as yet so grossly seared as this state of things supposes. Whatever errors have as yet been committed here, either in theory or practice, are due far more to a culpable thoughtlessness and pre-occupation with the apparent demands of the public service, than to a con- scious acquiescence in a claim for secure vice. It is The Lmens- -well known that the system of licensed prostitution EngusT'de'^ under the English Government was first put in force in pENDEHoiEs. ^jjg English dependencies, and no doubt, solely with the view of reducing the expense and inconvenience caused by the diseases eontracted by the troops and sailors. Dr. Ross, surgeon to the 92nd Highlanders, in his evidence before the Royal Commission of 1871, gave a vivid description of the practice witnessed by himself in India, which, for anything that appears to the con- trary, may still go on or may be revived whenever the authorities deem it expedient. (A. 15,129) " I was in " India twelve or thirteen years ago, and when a regi- " ment arrives in India, a certain establishment is told '' off for each regiment as it arrives, and amongst others " there is an establishment of prostitutes who are " housed in the bazaars, and regularly looked after by "the matron appointed for the purpose, and superiii- " tended and examined by the surgeon of the regiment." (A. 15,168) " When a regiment marches into the " station there are certain persons of every description, " what we call camp-followers, told off for that " regiment, and in fact when a regiment in India goes " on a line of march there is a form to be filled up, "and in one column there is amongst the camp- " followers one for prostitutes, showing the number who " are permitted to follow the regiment, and those " women we made a point of examining every fortnight." (A. 15,179) " There is a head woman under the name CERTIFIED HOSPITALS. 169 " of the matranee, who is at the head of the kusbees Chap. v. " or prostitutes, she selects the women ; she is told " that such and such a regiment is coming into the " station, and according to whether the regiment has " had a name sent before it or otherwise, she gets a " small or a large number of women to come to her." (A. 15,180) " When I got to India with my regiment, " three years ago, there were only twelve women came, " but I desired that they should increase the number, " because I knew it would only be a source of disease "afterwards having such a small number of women for " such a large number of men." (A. 15,187) " [At Peactioe at " Aldershot] I asked the commanding officer's permis- ™^''^°°'^' " sion to assemble the men on parade, and having told " him what instructions I intended to give, I asked "permission to give those instructions to the men " how to prevent the disease, and with his sanction I " did so." Dr. Barr, surgeon to the Lock Hospital at Aldershot, Dk. Barb. quite substantiates Dr. Ross' professional view that it is in the interest of the public service that up to a certain point prostitutes be multiplied, and that it is a duty of the military surgeon to co-operate in vice being rendered as innocuous as possible, that is, in other words, to facilitate it. In answer to the question (Q. 13,909) "According to your judgment, these " 230 (prostitutes) are a very small number indeed for "13,000 soldiers?" Dr. Barr replies, "Speaking in a " sanitary way, I think they ai-e, for the number I " mentioned — viz., 13,000 regular and 6000 militia " (Q. 13,910) " Is it not a fact, that if men go with " women with great frequency disease is sure to arise " out of it ? Supposing, in fact, a very small supply of "women, and a great number of men, will not that " have a tendency to increase the extent of the disease " among them ? " "I do not know that it has a ten- " dency to increase disease among the women to the 170 LAWS FOR THE REGULATION OF VICE. Chap. V. " same extent that it has among the men. You see " that when these -women, as I said before the House " of Commons Committee, come to me, my custom is "to instruct them to keep themselves clean, to use "injections and lotions, and do all they can towards " keeping themselves and the soldiers free from disease." A system based on the English Acts is also at work in Bombay. (See Appendix.) With regard to the precautionary measures above alluded to, it may be mentioned that they have M. Davila. attracted much attention abroad. Thus M. Davila (De la Prophylaxie de la Syphilis, Paris 1853), Db. Mireub. cited by Mireur (p. 339), proposes giving each re- gistered prostitute a paper in which she would find all the regulations which concern her, and also sanitary advice. Dr. Mireur, whose moral sensitive- ness is of the most incalculable sort, is shocked with this suggestion, and says : " This proposal which seems '■' excellent in theory, is invested with an unquestion- " ably immoral character when it is put in practice. " As a proof, we direct the reader to the obligations " which M. Davila would have inscribed on the docu- " ment he desires, or better still, to the letter cited in " the report of the Paris Congress, and addressed by " the sanitary police of Christiania to the commercial " doctor of that city. He will find there minute instruc- " tions relating to the most particular points for indi- " vidual precaution, such as we could not venture to " reproduce here. In spite of these being, in truth, "nothing but highly salutary notices on points of "health, we, for our part, should regret seeing the " Administration undertaking to patronize them. They " belong to those kinds of instruction which are legiti- "mate so long as they are private, but in becoming " official become odious." Englishmen, as has been seen, ai-e more logical in this respect, and in being so, and thereby bringing to the front the true characteristics of CERTIFIED HOSPITALS. 171 the system, render an important aid in overthrowing Chap. v. it. Foreigners prop it up by shrinking from its natural consequences and drawing wholly arbitrary lines between what is, and what is not, morally permissible. They thus confuse the public mind, and keep up the appearance of showing a respectful deference to the claims of morality. Mr. Berkeley Hill, MrBeechley F.R.C.S., in his evidence, showed how the British '^'' Government had for many years past had in force a system of licensed prostitution in the British settlement of Hong Kong (see Appendix), that system being hong Kong. introduced in connection with a strict system for the examination and hospital treatment of merchant seamen. An ordinance of 1867 rendered more stringent the regulations under an older ordinance of 1859. In answer to the question how are the new regulations more stringent than those now in force in England Mr. Berkeley Hill replies, (A. 14,771) " One thing I " know they cast upon the brothel keeper is, that if a " diseased woman is found in a brothel, the brothel " keeper is liable for the cost of the woman's keep in hos- " pital ; but the brothel keepers are also licenced — there "^is no mistake about it — they are licensed brothels." Here are, for instance, the clauses relating to licensed brothels. " The Registrar-General may grant to any " person whom he shall think fit a license to keep a " brothel in such district or other locality as the Gover- '' nor in Council may from time to time appoint." Then, clause 18 : — " Every keeper of a licensed brothel shall " pay to the Registrar- General the sum of four dollars " a month during the continuance of such license, or " such other sum as may from time to time be fixed " by the Governor in Council." Penalties may also be " enforced against a brothel keeper if disease is con- " tracted in his house, and against anyone bringing " disease to the inmates of licensed houses ; also against " prostitutes elsewhere than in licensed houses." In Malta again, Mr. Pickthorn, visiting surgeon for Malta. 172 LAWS FOR THE REGULATION OF VICE, " Chap. V. the Devonport district, and who was a ship's surgeon Mjj. Pick- ^^ Malta from 1861 to 1866, describes the system in THORN'S Evi- force. He says, (A. 1546) " "Whenever a man contracted ■' any form of venereal disease in the fleet, the ship's " corporal generally took him to the place where he con- " tracted it, and any woman he reported as having given " him the disease was at once taken before the surgeon "for examination." In addition to all this evidence as to the motive and nature of the licensing and regulation system in English dependencies under direct control of the Executive Government at home, it is notorious that, whatever might have been the ulterior designs of some of the promoters of the English Contagious Diseases Acts, the main arguments in support of that legislation alleged in the House of Commons, and before its Select Committees, have been based on the expense and loss Alleged LOSS to the two services caused by venereal diseases. It is Services. no doubt owing to their belief in the medical efficacy of the system in keeping down disease in the army and na%y, that ^^^ Executive Government in England are so obstinately tenacious in their hold upon it ; though, of course, they are able to rally to their support a vast number of other persons who are attached to the system for very different reasons more or less reputable. In Mr. Childers' scheme, already described, the notion of free government hospitals in those special districts in which bachelors are wont to be assembled in large masses undoubtedly points to this justification of the system; and, inasmuch as it is quite possible to defend the system on this ground alone, that is, in respect of its being called for by the inexorable demands of the public service, when all other positions ai'e surrendered as untenable, the arguments of this sort must be care- fully examined by themselves. There is no doubt that, given a certain condition of things, confessedly evU, it is far easier to attempt to CEKTIFtED HOSPITALS. 173 modify some of the consequences of the evil by Chap. V. retaining things as they are, and introducing fresh obstacles to evils by way of temporary accommodation, than by Change. sweeping away the condition of things altogether and encountering an entire change. Those who administer a Government are often incompetent to effect organic changes, and yet they are held responsible for the bad or expensive working of the machinery entrusted to their care. They are thus inordinately tempted to accept any abxise which has descended from their pre- decessors, and to use desperate measures to arrest, during their tenure of office, some of its most inconve- nient consequences. Of course, the number and unconscientiousness of subordinate officials, the com- plication of an unwieldy political mechanism, the necessity for regularity and routine, the very quantity and magnitude of the affairs to be transacted, all oppose so many obstacles to direct and comprehensive reforms. Now there is no doubt that the constitution of Constitution OF AEMT and the Jcjnglish Army and Navy at home and abroad Navt. is the result, partly, of a tortuous course of traditional policy, and, partly, of sundry spasmodic efforts at piece- meal legislation. Anyway, it is notorious that the long periods of enforced service, the discouragement to matrimony, the low class of society from which the men are selected, and innumerable other causes, have conspired to bring about grievous habits of immorality in the Army and Navy, which, among other results, express themselves in the heightening of the estimates. At the same time it is well known that many beneficial influences have of late years been brought to bear upon the Army which are making themselves distinctly felt. The evidence of Sir Ei chard Airey, G.C.B., Adjutant- Sra Eichaed General of the Forces, before the Royal Commission, as denoe. to improvements now goiug on in the soldier's condi- tion, is very noteworthy. On being asked, (Q. 15,868) " You are aware that a great deal has been done to " improve the morale of the soldier of late years, to 174 LAWS FOE THE REGULATION OF VICE. Chap. V. •' find him occupation, amusements, libraries, and so " on," General Airey replies : " To a man who entered "the service when I did, fifty years ago, it is scarcely " credible." (Q. 15,869) " You think that the con- " sequences of this disease are much less now than " -when you entered the service ?" " Yes." (Q. 1-5,870) " And they have been steadily diminishing from the " time you entered to the present time V " Yes, I think "so." (Q. 15,871) "Owing to the better class of " recruits and the better care that is taken of the " men's morals altogether ?" " I think from the better " supervision that is exercised over them ; but it has " prevailed in all classes of society too." Extract 1.K0M The following extracts from a pamphlet on THE jrfiO" ^__ ^_^ SESSION OF A "The Profession of a Soldier,"* by one who has oLDiEE. served in the ranks, is suggestive of many im- provements yet needed. "It is much to be regretted " that the Government should have decided to build "so many new barracks, and consequently increase " the number of garrison towns, because no sooner " will the military take possession of those places, " than there will be an influx of persons of iU fame, " and vice will abound. Soldiers are not whoUy to " blame for this state of things, because it is to a " certain extent forced upon them. They have nothing " to do and nothing to think about when not at drill. " So much sameness and repetition makes a soldier's " life monotonous and uninteresting to him, because " after learning his drill his mental work is done. " There are schools and reading-rooms provided cer- " tainly, and a few soldiers avail themselves of those " privileges, but the many stand aloof The majority " of men, both in civil and military life, care nothing " for reading books ; then, I ask, what are such men to " do in the army, where, as I have already said, there " is no rational employment for the mind ? The answer * Published by Tubbs and Brooks, Manchester. CERTIFIED HOSPITALS. 175 " is not far to seek. They turn to recreation, and that Chap. V. " of the cheapest and, consequently, the grossest kind — " such places as the low singing-saloon, free-and-easy, " &c. At those places they indulge in drunkenness " and immorality to their heart's content. This is the " very essence of a soldier's life, and the result of a " great number of men being banded together, having " no intellectual pursuits, no social position to lose, " and no responsible duties of citizenship to attend " to. Of course there are exceptions ; but it is with " the rule, and not the exceptions, that I am deal- " ing. The same men, scattered about in civil society, " might be steady, respectable members of society. "A very large proportion of recruits are agricultural " and other kind of labourers, who have never been in " a place of ill fame. Immediately they get their " uniform, a pair of white gloves on, and a cane in their " hand, they are taken out pleasure-seeking by old " soldiers. The consequence is they soon become " steeped in a vice of which they- had hitherto been " entirely ignorant, and when once the habit is eon- " tracted it is rarely ever abandoned while a man re- " mains in the army. Every year this great training- " school of vice and immorality receives a few thousand " fresh pupils, and annually discharges a number of " confirmed drunkards." These extracts from an anonymous writer are only given by way of recalling to the reader's mind facts which an overwhelming amount of evidence from a variety of quarters abundantly confirms. It is true, on the one hand, that the condition of the British soldier and sailor is, both morally and intellectually, extremely bad. It is true, on the other hand, that this condition is eminently remediable, and that tentative and partial remedies, attended with a most encouraging amount of success, are already being applied. But such devices as those resorted to in India, Honcr Kong, Malta, and certain military and naval stations 176 LAWS FOR THE REGULATION OF VICE. Chap. V. in England and Ireland can only be based on the theory that the moral condition of the soldier and sailor is irremediable. His condition being desperate he must be treated as the brute that he is, and his vicious indul- gences rendered as little troublesome and expensive to the country as possible. No doubt when the area is extremely limited and all the circumstances completely under control, as in some outlying foreign stations, a consider- able amount of phy-sical security can really be attained by the careful meting out and incessant superintendence of the exact number of prostitutes found by experience to be in demand by a given number of men. But even this miserable result becomes vastly more uncertain and perplexed as the absolute isolation of a foreign station becomes exchanged for the imper- fect isolation of a home station ; and where, as in England, the system is only partially in force, the physical gain to the soldier cannot but be, in spite of any amount of apparent statistics to the contrary, of the most dubious sort, the encouragement to increased vice always keeping pace with the activity applied to supervising it. Two MODES The only two conceivable modes of reducing the ex- penses caused by the venereal diseases of Government servants are those of providing a better class of ser- vants, or (if it were possible) a less expensive sort of - vice. The two modes are quite incompatible and irre- concileable. To provide and facilitate vice, under any plea whatever, debases the servants and places ever at a more remote distance the time when such provision is needless. On the other hand, to provide a superior class of public servants or to improve the character of the present class by ameliorating the conditions of the service is to supersede all necessity for providing the vice which ceases any longer to be in demand. Never- theless the temptations to Governments to tamper with ONLY AVAIL- ABLE. CERTIFIED HOSPITALS. 177 vice, which is easy, instead of changing the conditions of Chap. V. the service, which is often hard, are always at hand, and ' often they produce the extravagant result now wit- nessed in many countries of Europe, — that of elevating the soldier's morale by education, occupation, libraries, and the like, with one hand, and obtruding on him a highly organised system of guaranteed vice with the other. One of the most specious forms which this Govern- Feee ment attempt to pander to the vice of its servants vsmSr^ takes, and in which it will probably find its latest Hospitals. refuge, is that of simply providing, at its own expense, free public hospitals for venereal diseases in districts largely frequented by its own servants. This proposal^ which in fact is that of Mr. Childers already adverted to, besides being open to all the general objections of placing venereal patients in a position of advantage as compared with all others, must only mean that the Government is placing men in circumstances of special temptation, and that it desires to mitigate the conse- quences which must attend their fall. Of course the position may be turned round and it may be said the Government only provides, as best it may, some com- pensation for the necessary evil which its essential institutions unhappily, but unavoidably, carry with them. Its purpose, it may be said, is not to enable its servants to sin safely and easily, but to cure those with ^ whom they ein. But whatever may be the hidden motives of one or another statesman in promoting Government hospitals, their object must, at the best, appear dangerously ambiguous ; and while the result must be to facilitate the profligacy of the Government servants collected in the neighbourhood, in consequence of whose presence these hospitals are called into exist- ence, they also provide a ready machinery always at hand by which a full fledged system of licensed prosti- tution can, even after its formal abolition, be created 178 LAWS FOR THE REGULATION OF VICE. Chap. V. afresh at any moment by a hard-pressed Government taking advantage of public inattention or apathy. There is only a step between curing a woman in a Government hospital, and requiring her to return at stated periods to have the condition of her health tested and a certificate renewed, the possession of such a cer- tificate being made the criterion of a Government licence so far as its own servants are concerned. Here is, in fact, the system of licensed prostitution in many of its most characteristic features, the only dif- ference being that registration would always be volun- tary and effected only through the medium of the hospital. The soldiers and sailors would, of course, be punishable for having intercourse with any but regis- tered prostitutes, the result of which must be even a still grosser perversion of moral ideas than the present system brings about, without even a plausible show of conferring any sanitary benefit on thegeneral population. Eesponsibi- lities of It may be that some conditions of life abound in Government, exceptional temptations, and the Government may, at a particular juncture, hold itself obliged to create institutions which are, in their nature, unfavour- able to self-respect and chastity. No doubt an army and a navy, however organised, are institutions of this class, and Government is accordingly bound to take special measures to keep temptation at a distance. But because virtue may be harder in some conditions than in others. Government is not entitled to organise its insti- tutions in such a fashion that virtue seems for many an impossibility, and still less unblushingly to assume and avow that it has become an impossibility. This is what Government does when it provides or supports or concerns itself in hospitals for prostitutes in those dis- tricts in which its own servants are congregated. Responsibi- Private persons are in an entirely diflerent situation. PmvATE They can with clean hands do their utmost to cure Persons. diseases which no institution for which they are CEKTIFIED HOSPITALS. 179 directly responsible has brought about. They have, Chap. v. directly, no control over the conditions which make garrison towns and naval ports hotbeds of vice. A private hospital can never, without Grovernment inter- ference, become a medium for publicly licensing prostitution. The case is exactly the reverse with a Government hospital, and therefore no contribution to the support of hospitals ought to be accepted from Government which involves any control over the hospitals or which is not accorded with perfect impar- tiality to hospitals for all diseases equally and in all parts of the country. This chapter may be appropriately closed by two extracts from eminent foreign writers on the general subject. The first is from a letter of Dr. Mauriac's, dated January 31st, 1875. (See the Medical Enqwirer for April 15th, 1876.) Dr. Mauriac is physician to the Hdpital du Midi, Paris, and this letter is an interest- ing exhibition of the moral misgiving and conscientious doubts which are beginning to beset so many professional devotees of the Regulation system : — " I am a great partisan of the measures of repression De. Mauriao. " used at Paris. It may perhaps be opposed to the " principles of individual liberty, but it is extremely " useful in the point of view of hygiene. It appears to " me incontestible that, if we were to sequestrate all " persons attacked with venereal contagion until they " were completely cured, it is not to be doubted that " we should arrest the propagation of the disease. " That is the method the most simple, energetic, and. " radical. I do not say the most moral or philosophical. " Whatever the practical solution adopted may be, " regulated repression, guided by curative, preventive, " and hygienic medication, will always be of incon- " testible efficacy. " But (adds M. Mauriac) in order to take away the " reproach of injustice, first of all, it ought to be applied N 2 180 LAWS FOR THE REGULATION OF VICE. Chap. v. " as rigorously, and even more rigorously, to men than " to women. Therein lies the odious nature of the " present law. Why do they imprison a poor woman " who has infected without knowing it, and in order to " gain her living, several individuals who have sought " her but for their pleasure, whilst they leave in perfect " liberty these same individuals who, having but their * pleasures alone to satisfy, infect, without any scruple, " women obliged to undergo their contact for a morsel " of bread to eat ? "With an energetic repression, guided by medical " science, and directed against men as well as women " (says Dr. Mauriac), I think we should attain extra- " ordinary results. But is this possible ? " The next extract is from a lecture delivered by Dr. Eugenio Fazio, before the Southern Medical Associa- tion of Italy. After indicating his strong opposition to the movement for abolishing the Regulation system, he says : — Dr. Fazio. " But here arises a very serious objection. Having " placed the women under surveillance, reduced the " number of clandestine prostitutes, and taken every " possible precaution to pluck up the root of the evil on " every side, always as regards women, can we say that " we have fulfilled all our duty, — and can we describe " ourselves as easy concerning the terrible evil of syphilis? " Gentlemen, we shall have done very little if the sur- " veillance does not enlarge its s^jJiere ly extending to " men as well,— if the law does not strike the libertines " also. It is really unjust that the laws should be " directed, even to persecution, against the unhappy " victims of misery and seduction, as if they were the " only source of the evil that we deplore, whilst both " men and women who indulge in lust are equally " dangerous as regards the maintenance and diffusion " of disease. All agree on this point, but it is here " that we meet the greatest difficulties." After e.ivino' CEETIPIED HOSPITALS. 181 an account of different suggestions and existing mettods Chap. v. of overcoming those difficulties, lie proceeds : " The " best method that recommends itself seems to be the " one which has been found useful in some countries, " namely, to subject to medical inspection some classes " of men that spread the largest amount of disease, and " who easily propagate disease, as for instance, work- " men, soldiers, and sailors." He concludes as follows : " The existing laws do not, doubtless, answer any " longer to the "exigencies of civilization and science, " because they are only partial, incomplete, contra- " dictory rules, that leave to the arbitrary will and " caprice of vulgar agents the strongest and often the " cruellest interpretations, and do not in the least " guarantee the public health." 182 LAWS FOR THE EEQULATION OF VICE. CHAPTEE VI. COMPARISON OF THE ENGLISH AND FOREIGN METHODS. Chap. VI. There are no doubt some characteristic differences in the mode of applying the system of licensed prostitu- tion long adopted on the Continent and the mode recently introduced into England. These differences are due partly to the peculiarities of the English con- stitution to which the new system had to be made at least plausibly conformable ; partly, to the religious and moral objections which such a system could not but encounter in England in proportion as the exist- ence of it became divulged, and the nature of it under- stood ; partly, to the lengthened experience gained in other countries which the founders of the system in England were able to avail themselves of in their attempt to create a structure which might, at least, ostensibly seem proof against all the assaults on moral and constitutional grounds to which the system, as it has hitherto existed abroad, has been intermittently exposed. It was noticed in the opening chapter of this work that while some English authorities, such as Mr. Acton, are of opinion that the true mode of squaring the circle has at last been found in the English Acts, which (as they hold) contrast most favourable with what Mr. Acton, and others in general accordance with his views, admit to be the gratuitously immoral characteristics of the French Eegulations, French writers look upon the English method as a mere perfecting of their own, and COMPAEISOK OF THE ENGLISH AND FOEEIGN METHODS. 183 as presenting a type which all other countries must Chap. vi. henceforth do their utmost to copy. Not indeed that the most competent and intelligent foreign critics believe that the English method is at all satisfactory if it remains where it is. They rather admire it because of what it might be made by being extended and strengthened, and welcome it because they think it indicates a surrender, on the part of the British people, of those hypocritical prejudices and that moral squeamishness which has so long stood out against the acceptance of prostitution as a necessary and everlast- ing, if not beneficial, fact. The following extract from M. Lecour's careful examination of the English method is valuable as the opinion, not of a one-sided doctor, but of a practised administrator versed in all the in- herent difiiculties which attach to the execution of the system in all its forms. M. Lecour says, speaking of M. Leoodk the English Acts (" La Prostitution d Paris et a English Londres," 1872, p. 294) : — "It cannot be doubted that Method. " in a comparatively short time there wiU be a new "Act, which shall have for its object to extend to the " civil population of England the provisions of the Act " of 1866, amended by the Act of 1869. " From the time when this step shall have been " taken, and the necessity shall have arisen for its " application not only to military centres, where the " class of abandoned girls is of the most wretched " description, but to a city like London, with its pros- " titutes who are counted by thousands, and its multi- " farious shades of prostitution, it will be impossible " to deal merely with the sanitary question ; and, even " with respect to this, the English methods of committal " to hospital and of judicial summons in regard to " medical examinations and treatment, which I have " analysed above, will be practically impossible of " execution. " In any case, the mere attempt to carry the system IS* LAWS FOK THE BEGULATION OF VICE. Chap. VI. " into operation will necessitate the enumerating and M. Leooub. " classifying of the women to be ranked as prostitutes. " The summoning of these women, their submission, " whether voluntary or by magisterial order, to sani- " tary obligations, will involve the creation of an Office " for the absolute control of prostitution, and, in short, " thecompleteregistrationof publicwomenwiUbe estab- " Hshed. The women not yet subjected to examination, "the mass of diseased women, whom the public will " not fail to point out as soon as they know that they " may count on the interposition of the authorities, the " prostitutes who infest the streets and certain public " places, those who evade detention in the special hos- "pital either by neglecting to attend there after having " been found to be diseased, or by quitting it without " being cured, will constitute the category correspond- Necbssiit of " ing to our insoumises of Paris. It will be necessary England^ ^^ " ^^ ^^'■'^ these, to bring them under supervision, to " search them out, and to place them, by judicial means " if not by means of the police, under the operation of " coercive and sanitary measures. All the grievances, " all the complainings, all the exigencies which are " engendered by debauchery, and which the convenient " system of letting alone reduced to silence, wiU produce " themselves with an urgency which will continually " increase. Coercion will be demanded, and will have "to be put in execution. No matter in what com't, "judgment will have to be given in a summary, special, " and expeditious manner, forced as it will be to deal " with all the turpitudes, the miseries, and the scandals "of debauchery. A Police Direction rather than a "judicial function will thus be established, and under " these conditions there will be created the equivalent " of the regulation of prostitution in Paris. This will " not be done by a single blow, but it wiU come by " degrees. " In centres where the population, turbulent and " agitated, is incessantly traversed by currents of fresh COMPAEISON OF THE ENGLISH AND FOEEIQN METHODS. 185 " arrivals, such as London and Paris, and perhaps Chap. VI. " especially London, on account of its commercial and " maritime activity, there is no medium : it is necessary " to choose between abstention which, in such a matter " and with such elements of disorder becomes dan- "gerous, and regulation, to the difficulties of which " there is no end, which has to calculate and deal with "morality, prejudices, exigencies, wishes, wants, and " critics of every kind. " These obstacles are only to be surmounted by that " continual effort which constitutes the raison d' ^tre of " authority, and its title to the esteem of the people. " Let us add that, in England, this task ought to be " rendered easy, by the religious habits of the nation " and by its respect for the law." It is probable that wherever the political insti- tutions are based on those of England, as is the case in all the States of the American Union, and in other States on the American Continent, in the English Colonies possessing representative institutions, and in an increasing number of newly created or re-constituted States in different parts of the world, which take either England or the United States as their pattern, a system of licensed prostitution, if introduced at all, will follow the English rather than the Continental type. On these several grounds then, — that is to say, for the in- struction of the European foreigner who covets, of the Englishman who plumes himself on, and of the American or Colonial or other foreign statesmen who is disposed to copy, the English method of licensing and regulating prostitution, — it is of great moment to examine every part of the English method in contrast with the corresponding part of the foreign method, as well as to compare the two methods as integral wholes, and thence to ascertain whether, and to what extent, one of the methods is free from objections which attach to the other. England. 186 LAWS FOE THE REGULATION OF VICE. Chap. VI. I. The first point that arrests attention is, that in A Statute England the system is put in force by statute, and it is NEEDED IN onlv bv thc express terms of a statute that the powers of the police, the functions of the surgeons, the qualities and amounts of the penalties, are described, and, as far as possible, strictly limited. It is necessary to insert the words " as far as possible," because it was seen in the previous chapter on "Law and Police " that it is generally acknowledged and is clear, from the nature of the case, that, unless very large and indefinite powers are conceded to the police, such as are conceded to them for no other purpose whatever, even a plausible prospect of sanitary success must be unattainable. Nevertheless, it is true tbat, whUe it is a matter of grave doubt whether the regulations made and put in force by the French police can be supported by any passage in the Code ; while in Italy the utmost public sanction accorded is that of an article in the Penal Code, which enables the police to make and enforce such regulations ; while Germany has persistently refused to embody these regulations in her new general Penal Code (see Appendix), and only the Colony of the Cape of Good Hope has followed England in passing a statute on the subject (but has anticipated England in repeal- ing it), England stands alone in enacting " by the " Queen's most excellent Majesty by and with the " advice and consent of the Lords Spiritual and Tem- " poral and Commons in Parliament assembled," all the distinct and essential regulations needed for the efi'ec- tual licence and protection of prostitution. Of course, the English constitution is such that if the work was to be undertaken at all it must be by Statute, and by a Statute which, as has been previously shown, is in flagrant contradiction to the Common Law. There is in England no latent executive power which could have enabled the police to place before any woman in the country the choice between three courses, that of submitting to an abominated surgical examination COMPAEISON OF THE ENGLISH AND FOEEiGN METHODS. 187 without further question, that of repelling before a Chap. vi. Court of Justice the charge of being a common pros- titute, and that of going to prison. There were, in the forms of English legislation, Faoilitieb exceptional facilities for passing Acts of this nature. ^°^ aot^™'' The Bills seemed on the face of them, and by help of a grossly misleading title, specially and solely interest- ing to those who were responsible for the health and expense of. the Army and Navy, though their true nature was well-known to those persons, mostly doctors, who had long been admirers of the Continental method of regulating prostitution, and had been wait- ing for a chance of introducing it into this country. The whole subject was one not unnaturally offensive to the tastes of most of the members of the two Houses, and one as to which they would welcome any excuse for avoiding a lengthened discussion, the more so as it might seem peculiarly to require the opinion of experts. Thus, the matter was chiefly discussed in Select Committees, the composition of which, and the witnesses summoned before which, are of course manipulated chiefly by those who care most about the matter — that was, in this case, those who were warm advocates of the licensing system. The report of the Committees in favour of legislation was equally, of course, received with readiness, and further discussion evaded, under the cloak of the whole question being either purely a " sanitary " one or one affecting only the Army and Navy — two classes of topics which, a few years ago, except in case of party struggles, invariably thinned the Houses. It was not surprising then, if, in spite of the vehement protestations of a few isolated members, one Act after another was passed through both Houses, without public attention being so much as awakened to the decisive and novel steps the country was taking. Nevertheless, the English constitution contains the cure for its own ailments if English citizens will but 188 LAWS FOB THE REGULATION OF VICE. Chap. VL apply it. The system of licensed prostitution being ne- cessarily, in this country, introduced by Statute law, if at all, every opportunity is afforded the people of making themselves acquaintedwith its nature and its limits; and, if they dislike it, of securing its abolition. In countries where there is no law, strictly so called, on the subject, there is nothing definite to abolish; and where the system has been for years upon years bound up with the police administration, it would be hard by a single stroke of legislation to strike the system down so effectually that it could not silently and secretly grow up again without anyone being aware of it. It would involve almost a constitutional change in the legal Statutes and rights, duties, and functions of the police. Further- Eegulations ^^^^> *i^6 regulations of the police abroad are constantly varying, and it is almost impossible to know at any given moment what are the existing rules, and still harder to ascertain what interpretation a Court of Justice would place upon the detailed rights and duties of the police. This last difficulty exists in England likewise, but, at least, it is only of the less important kind which always attaches to the construction of express written law, and it does not arise from the necessity of reconciling the conflicting claims of vague passages in a Code, of Common Law, of traditional usage, and of a long series of possibly conflicting police regulations. Loose In reference to the matter of interpretation, it is not THE Enghsh necessary tor the purposes of the present comparison ■^oTs. to do more than point out the loose way in which the English statutes — no doubt in view of their primary sanitary objects — seem to have been designedly drawn. It has already been pointed out what dangerously con- flicting interpretations have been placed on the expression " common prostitute " in consequence of the absence of any legislative definition. The fact that the policeman's information on oath is not to be that a woman is a " common prostitute " but that he has " good cause to believe " she is one, and that the exist- COMPARISON OF THE ENGLISH AND FOREIGN METHODS. 189 ence of " good cause to believe " and not the reality of Chap. VI. the fact believed seem to be the "matter of the infor- mation" which alone has to be substantiated to the justices' satisfaction, further exhibits the indiiference to public liberty which the whole statute (of 1866) dis- closes. Again, on a certificate being signed by the visiting surgeon that a woman is affected with disease, the statute (of 1866) says she may, " if she thinks fit," proceed to the certified hospital named in the certifi- cate, but if she neglects or refuses she may be ap- prehended and conveyed thither with all practicable speed. Of course, if a woman may not go home to set her affairs in order before encountering, for no crime, a seclusion of perhaps nine months, a gross hardship is inflicted. On the other hand, if she may absent her- self for a time disease may be conveyed in the interval. The Act leaves it wholly to the discretion of the police, and, it would appear, revels in its own uncertainty of language. All this shows that Statute Law if written as it is bound to be written, especially for a quasi-penal purpose like this, is acknowledged to be too strait for the system, and as it is written, it only conceals, while affecting to limit, the same arbitrary police discretion on which the system rests abroad. II. One noticeable peculiarity in the English laws, as Employment contrasted with the foreign ones, is that the English teopolitan method, in its present form, is to establish a special Police. system of police for the working of the system, under the control of the Metropolitan Police authorities and of the Admiralty and War Ofiice, wholly distinct and apart from the ordinary local police usually engaged in preserving order and executing the law in the several districts. According to the ancient principles and inveterate usage of the English constitution, the subordinate officials charged with the preservation of order and the execution of law have always constituted an essentially local force, chosen on the spot, and 190 LAWS FOR THE REGULATION OF VICE. Chap. vi. governed by superiors residing on the spot. Many Peinoiplb of *^^^'iges have been made by recent statutes for the A LocAi, better constitution and administration of the police Police. ^^^^^^ p^^^ .^ ^^.^^ ^^ ^^ ^^^ really valuable improve- ments which have been made in the direction of cen- tralization, the lines of the old constitution have been adhered to ; and while the parish constable has almost become a mere fossil, the borough police, the City of London police, the county constabulary, constituted and governed as they all are, mark the retention of the principle that the police is an engine either too perilous or too expensive to entrust to the sole manipulation of a distant and central Executive Government. The joint principle of local poHce and magisterial administration is further recognised and severely guarded by the neces- sity which lies upon a policeman who has obtained a warrant from a justice to have it freshly endorsed or "backed," as it is called, by a justice belonging to each successive district in which it is attempted to make a seizure under it. The main exception, so far as it was one, to these principles, was the extension of thefunctions of the Metropolitan Police force to the Governmeut dockyards, and this, no doubt, suggested the use of that force in the execution of the law for the licensing of prostitution in military stations and seaport towns. But in the present case the persons over whom the police control is really extended are ordinary private citizens, that is, all the women in the district — treated Fdnotions op for this purpose as liable to fall within the police defini- tan™olioe! ^^°^ °^ ^ " common prostitute." The functions of the Metropolitan Police are wholly limited to the purposes described in the Acts ; that is, they may lay informa- tions against any woman they please, charging " that they have good cause to believe the woman is a common prostitute," and they may request of any woman they please the signature of the " voluntary submission " form, and attest her signature ; they are also required to apprehend and convey to the hospital women liable to be detained there, and to bring up for COMPARISON OF THE ENGLISH AND FOREIGN METHODS. 191 summary conviction before the justices all women Chap. Vl. either failing to attend the periodical examinations to which they are subject, or to conform to the hospital regulations whilst detained there. It has been pointed out in a previous chapter that the Conflict of police employed under these Actshave no functionswhat- local Fuko- ever in respect of preventing solicitation in the streets, twaeies. of preserving decency and order, of repressing juvenile prostitution, or of putting down brothels. It may happen that one and another member of the Metro- politan Police force employed does concern himself in some of these matters, or, at least, reports that it is, his practice to do so when his superiors require his evidence in favour of the system. It may also happen that the fear of registration operates to repel some women from obtruding their presence on the police. But when the Metropolitan Police intervene in the above matters they are going outside the limits marked for them by statute, and are clashing with the functions of the local police. Nor can the possible absence of solicitation and of obtrusiveness on the part oi the few who thereby hope to evade registration in any way make up for unrestricted solicitation on the part of unchecked numbers of the State-protected and licensed prostitutes. With respect to these, and also with respect to the brothels, the arm of the local police putting in force the common law or special local sta- tutes is paralysed by the special police, who are thus always at work creating in their midst an army of protected prostitutes and a forest of practically licensed haunts of prostitution: The local magistracy, the mayor and corporation, have no control over the special police, though they are bound to co-operate with them in administering the system which calls for their presence ; and thus a conflict between the local and central government is presented highly unfavour- able to a strenuous and uniform enforcement of the general law. Nor can any improvement in the 192 LAWS FOR THE REGULATION OF VICE. Sdggestioit OP Royal COMMIS- SIONBES. Other suggested Remedies. Chap. VI. English Acts get rid of this dangerous anomaly without still further detriment to the constitution. It was suggested indeed by the Royal Commissioners of 1871 that the administration of the system be trans- ferred from the Admiralty and the War Office to the Home Department, and that the police officers employed in the service should perform their duty in uniform. No doubt such a change would tend, as it was designed, to shield from view the special connection of the system with the health of the Army and Navy, but it would not in the least affect the vicious duality of administration now being commented upon. Another imaginable cure would be that of superseding in every district to which the system is applied the whole of the local police and the most important functions of the local magistracy, and governing every important town in the country directly from London. No one who has a glimmering know- ledge of the fixity and depth, no less than the historical prestige, of the most characteristic of all English insti- tutions — that of local government — will believe that this is a solution worth so much as a moment's attention. Another cure, again, would be that of simply putting the administration of the system into the hands of the local police under the control of the local magistracy. This solution is not likely to be accepted by the medical profession, as of course the vigour with which the system would be worked must then depend wholly on the acci- dental disposition or prejudice of the responsible autho- rities on the spot. In one place, the system would be a reality, and in the adjoining town it would be a sham. The places where it was least stringently worked or not worked at all would be asylums for the women who were driven from the places where it was applied with an iron hand. Morality and health would, con- sequently, as medical advocates of the system think suffer in common. It thus appears that, in England, the only possible course is the. one actually adopted, the creation of a COMPAEISON OF THE ENGLISH AND FOKEIGN METHODS. 193 special force under the direct and sole control of chap. VI. the Central Executive Government to work side by side with the local police. The result is a pro- portionate weakening of local authority, confusion of functions, contradiction of policy, and, as the result, a general slackening of moral obligation and oblivion of public liberty as a principle precious in itself. This difficulty is peculiar to England. In Continental cootinbntal countries, in spite of the creation of special departments Police. such as a "Sanitary Office" and a "Department of Public " Morals," and in spite of the existence of ancient municipal institutions of a type not wholly dissimilar from those in England, the police are, nevertheless, in the closest accord with one another all over the country, and, in fact, form a large and yet compact corporation, having its own traditions, its esprit de corps, and its own peculiar standards of right feeling and action. The very fact that the police are trusted to make for themselves and to enforce, under the control of their chief, the sort of regulations which the system of licensed prostitution supposes is, of itself, a sufficient proof that Continental police occupy a wholly different constitutional position from anything known in this country. It will be seen that not only do the regu- lations of the Parisian police exhibit the most complete unity of method and administration as reaching to every matter in which public decency and order in the streets, as well as the sanitary condition of prostitutes and the management of licensed houses are concerned, but very slight variations exist between the regulations in force in Paris and those in force in other towns in France, and even, — such is the unity of spirit and sentiment pervading the police all over the Continent, between those in force in the chief towns in France and those in force in the chief towns of Belgium, Germany, Italy, and Spain. Of course this quasi- legislative and intensely concentrated character of the 194 LAWS FOR THE HEGULATION OF VICE. Chap. VI. foreign police affords the best possible instrumentality for promoting and supporting a system of licensed prostitution ; and this system probably never could have grown to its present proportions but for such a favourable soil to nurture it. Hence, in comparing the English with the Foreign method, it is a noticeable fact of great importance that the police machinery which is absolutely needed to give even a plausible show of medical efEcacy to the system is wholly agree- able to foreign precedents and habits, while in England it introduces a dualty of administration wholly alien and uncongenial to English institutions, as well as attended with no inconsiderable mischief. English and JU Tlie next important point of comparison and Modes of Contrast betw^een the English and Foreign methods is Eegistea- the mode of Registration. In order to bring the English and the most characteristic Foreign modes of proceeding into view, in such a way as to facilitate the comparison, it is necessary to recur briefly to the account of regis- tration as it has already been described in a previous chapter. But, in order to avoid verbal repetition, the following extract from M. Lecour's chief work ("La " Prostitution d Paris et d Londres, p. 120"), giving a summary view of the Parisian practice, will place in a clear light the chief features of the Continental method everywhere : — EEMSTRr "^ " -^^"^^ women who are entered on the lists of regis- TioN. " tered prostitutes form three distinct categories : 1st. " Adult women already entered on a register in the " provinces, and who have come to Paris to continue " the same life there. 2ndly. Adult women, or minors " abandoned by the relations whose kindness they have " wearied out, who, notoriously given up to prosti " tution, spontaneously request to be registered. Srdly. " "Women who, though in precisely the same circum- " stances as respects habits of prostitution, resist regis- " tration without offering any guarantee to protect the COMPARISON OF THE ENGLISH AND FOREIGN METHODS. 195 " public health against the clangers with which they Chap. VI. " threaten it. The formality of enrolment in the Tkench " register of prostitutes consists in writing in a par- ^^°^^°^- '' ticular register the first and second names, the age, " and the residence, of the woman, who is informed at " the same time, of the obligations, for police or sani- " tary purposes, which are thereby imposed upon her. " A distinct record (dossier) is also kept at the oifice " containing all the information that the police have " been able to procure about the woman. On this " record are entered, as they occur, all later measures " of which she maybe the object (arrests, punishments, " and the like)." It has already been seen in a previous chapter that, in the case of a woman living alone (isoUe), usually a card is handed to her on registration, containing on one side of it a list of the days and places of examination throughout the year, to be filled in by the surgeon as they from time to time take place, and on the other side the police regulations to which women are subject. In the Italian Regulations, which are of the same Italian general type as the French, Article 21 runs, " For each I'»aotioe. " official registration a minute shall be drawn up, " setting forth circumstantially the motives which in- " duced the office to inscribe the woman on the register " of prostitutes. In it, express mention shall be made " that the woman has been informed of all the provi- " sions of this order with which she is concerned." Article 22 is, " In the register shall be entered the " name, surname, age, and country of the woman, and " whether unmarried, married, or a widow ; the descrip- " tion of her appearance, the name and surname of her " parents, her means, profession, and habitation." In England, as has been already fully explained, English there is, for the districts to which the system of licensed ^eTistea- prostitution applies, a register of prostitutes kept by hon. the police with just as much care and particularity as in foreign towns, and the modes of admission to the 02 198 LAWS FOR THE REGULATION OF VICE. Chap. VL External Medical Aspects of Enolish . Acts. register are, as nearly as the different political consti- tutions allow, identical. It is true that in the wording of the Acts of Parliament under which the English system exists, no direct allusion is made to a "register" of pros- titutes. It only appears from those Acts that by- one process or another women may become "liable to "a periodical surgical examination" or to imprison- ment with or without hard labour if they fail to attend; and, in certain circumstances, to "detention in " a certified hospital," or to like imprisonment if they fail to comply with the regulations there. In this way, as well as by the misleading title, " Contagious Diseases " Act," the medical purposes of the law are made to absorb and distract public attention, and all the police machinery, by which alone the law can possibly be carried out, is kept, as far as possible, out of view. It is kept out of view, likewise, abroad, in one way, because there are no statutes at all on the subject ; but it stands out, in broad and distinct relief, on the face of the permanent regulations by which the police action is traditionally governed ; though, of course, these regulations are not, as in the case of clauses of a Statute or Code, forced upon the public eye. An Actual That an actual registration of licensed prostitutes KkGISTEATION ,1 1 J J.X11 -x 1 1 TAKES PLACF. takcs placo and must take place, just as much under the English method as under any foreign one, is clearly seen by looking at any Annual Report of the Metropo- litan Police — say, that for ISTi. Captain Harris, the Assistant Commissioner of Police, says, in clause 2 of his report, "The Acts have been fully enforced, and all " women following the calling of prostitutes have been " placed on the ref/isfer.if they persisted in pursuing that " course of life after being cautioned by the police." In clause 3, he says, " One thousand six hundred and " fifty women have been registered for the first time " during the year, chiefly from the unprotected dis- COMPARISON OF THE ENGLISH AND FOREIGN METHODS. 197 " tricts ; yet, notwithstanding this influx of ' new Chap. VI. " ' comers ' the number of common women remaining " on the register at the end of the year was forty-nine less " than in the preceding year." In the 9th clause he says, "20,041 common women'' have been registered during the year, and in the 10th clause he says, "The " per-centages of disease amongst them has consider- " ably diminished, and would have been still further " reduced, had it not been, as I before stated, that " women come from unprotected districts, and insist " upon signing the voluntary submission form, in order " that their names may be, placed on the register and " that by this means they may gain admission into "hospital." The statistical tables appended to the Exact inpor- Report are drawn up with great care and show that no '^^^^"^ J^ _ . . OBTAINED BY small pains are taken to obtain correct information Police. as to the ages and general circumstances of each woman on the register, while they also disclose the fact that the police separate the women of the dis- trict under their control into distinct categories of which only one consists of " registered women " pro- perly so called. Thus, one table (page 10) contains The Women a report for every district of the " number of cases in ^^lassified. " which women removed from the register during the " year are registered a first, second, third, fourth, and " fifth time." A-nother table (page 14) shows the ages of "known common women" in each district, and the number for each age commencing at theageoftwelveand terminating with that of " thirty-one and over." These statistics are given for the ten preceding years. There is a "return showing the ages of girls who had been " found in improper places and bad company, but who " before it was certain they had commenced a career of " vice, returned to friends, on finding they were under " the observation of the police employed under the " Acts." There is, lastly, a return showing the ages of girls "who had commenced immoral practices, but who ■^198 LAWS FOB THE REGULATION OF VICE. Chap. VI. Instructions TO Visiting suebeons. Eepoet op Commission, p. 839. Abticle 1. Article 2. " discontinued to do so on being cautioned by tbe '' police employed under the Acts and who subse- " quently were not registered." It appears also from what are called the " Confiden- " tial Instructions for Visiting Surgeons " issued by the Admiralty (see Appendix D. to Report of Royal Com- mission of 1871, p. 839), that the visiting surgeons appointed under s. 6 of the Act 1866 by the Admiralty and Secretary of State for War are, in fact, expected to co-operate with the police in securing the ready and easy administration of the law, and to facilitate those inquisitorial processes which in other countries belong solely to the police. The first Article of these instruc- tions runs as follows : — " The successful working of the " Contagious Diseases Acts will materially depend on " the care, tact, and judgment with which the duties of " the visiting surgeon are performed, and the extent to " which he may succeed in obtaining the goodwill and " confidence of the women coming before him for exami- " tion ; he will impress on them all that his sole desire " is to benefit them, and his firm determination to pro- " tect them from oppression, and aid them if desirous " to reform ; and he will, on all suitable occasions, " specially call their attention to the ninth section of " the Act of 1869, which enables him to relieve them " from periodical examination on satisfactory evidence " of their having ceased to be prostitutes." The second Article is, " The first duty of the visiting " surgeon will be to make such arrangements with the " police employed under the Acts as shall enable him " to carry out the law both in letter and spirit. It Avill " be desirable that he should obtain from the police " a carefully prepared list of prostitutes coming within " the provisions of the Acts, with their residences, and " that this list should be carefully revised at frequent " periods." Article 6 is, " On the first appearance of " every woman for examination the visitino- surgeon COMPARISON OF THE ENGLISH AND FOREIGN METHODS. 199 " will make sufficient inquiry of herself and others into Chap. VI. " her history so as to assure himself that she is liable to " the provisions of the Act, and this notwithstanding " she may have previously signed the voluntary sub- " mission certificate." There is a most noteworthy discrepancy here be- Outwabd tween the apparent purpose of the Acts of Parliament, j^g^g as gathered from their language, and the actual Sanitakt. machinery by which they are carried into operation. On the face of the Acts, commencing with their title, their purpose is exclusively a sanitary one. As has been already said, there is not a word in them about the" general registration of prostitutes, or their super- vision and control, or, with the exception of the formal provision in section 12 of the Act of 1866, for the " moral and religious instruction of the women detained " in hospital," about their reformation ; and still less, about any disciplinary coercion to be enforced over all women generally in the district, whether common pros- titutes or not. The only way in which women are classed according to the express language of the Acts is as liable to periodical examinations or not, and their liberation is described both in the body of the Acts and in the schedules simply as " relief from a periodical " and medical examination." Notwithstanding, it appears that from a police point Police View " of view, — and this is the point of view least cognisable diJoiplinaby. by the general public — ^the purpose of the Acts assumes wholly a different character. According to this aspect of them, the purpose of the law is first disciplinary and then sanitary, so much so, that the police hold that they are entitled to discourage women from submitting themselves to periodical examination, however dan- gerous a doctor might believe them to be to the public health, " if they had only as yet commenced immoral " practices." It appears, by the bye, that the actual principles on which the police proceed are as uncertain 200 LAWS FOE THE EEGULATION OF VICE. Chap. VI. CAPRicions Action of the polick and capricious as well can be, because from table 5 of the police return already cited, it appears that during the year 1874., in Devonport alone, no less than 174 girls ■who before they had commenced a career of vice,returnea to their friends on finding they were under the observa- tion of the police ; while the next highest number is 32 in the Aldershot district, and the next is lO in Portsmouth and Colchester. From table 6, it appears that in Devonport as many as 137 girls had commenced immoral practices, but discontinued them on being cautioned by the police, and were not registered ; while the next highest number is only 10 in Aldershot. It has also been seen that the visiting surgeons are directed to share with the police the charge of the purely disciplinary part of the whole system, and, in fact, the visiting surgeon and the superintendent of police together, are expected to combine in discharging the whole of the functions of the French Chief of the office of Public Morals and his staff. No Distinc- tion BETWEEN English and Continental Eegistea- TION. The general result of this part of the inquiry is that no distinction in principle or in practice can possibly be drawn between the- Continental and the English method of registering and licensing prostitutes. Though, on the face of the English Acts, it may appear that the purpose is of a narrow kind strictly limited to a sanitary end and in close analogy with other sani- tary legislation, it is found, on unveiling the mechanism by which the law is, and can alone be, put in operation, that identically the same organisation exists in England as in the great towns of the Continent for making licensed prostitutes a recognized class quite apart from all other classes in the community; for placing them under the special and continuing control of the executive autho- rity ; and, in fact, for interpolating into the constitution of the country an organism wholly unknown and alien to its normal working. The language of self-conoratu- COMPARISON OF THE ENGLISH AND FOREIGN METHODS. 201 lation for philanthropic efforts with which Captain Chap. VI. Harris's report, already quoted, is surcharged, and the benevolent activity recommended to the visiting sur- geons, recall almost verbatim the scrupulous sense of the liberty of the subject exhibited throughout the writings of M. Lecour, and the zeal for public morality which such writers as Doctors Mireur and Jeannel are never wearied of parading. The generosity and humanity of the police may or may not be a truth, and anyway the degree in which these qualities are exhibited depends on the accidental temperament of the particular officer or on the casual view he chances to take of the nature of his responsibilities. What is unquestionably true, and is involved in the very structure of the system, is that as sharp a line is drawn between the registered and the unregistered prostitute in England as beween the Jille inscrite and the fiUe insoumise abroad ; and that, what- ever demoralising or enslaving results follow from the division in other countries, exactly the same must be expected to follow in this. The nature of these results have been fully investigated in the Chapter on " Regis- " tration and Provisions for Medical Control." It has been already seen in describing the processes voluntam by which registration is effected abroad, that they I^J^Iistka- resolve themselves into the two characteristic forms of inscription volontaire, and the " inscription d' office." The former takes place where, as Dr. Jeannel says de. Jbannbl (p. 323), " the clandestine prostitute, pursued and " tracked by the police agents comes of her own accord " to claim the inscription which confers upon her the " right of enrolling herself in a licensed house or fre- " quenting houses of accommodation, or making com- " merce of her person at her own house without being "molested, on the condition of submitting to the " regulations applicable to prostitutes, and especially 'to the sanitary examinations." No more exact de- 202 LAWS FOK THE REGULATION OF VICE. Chap. VI. scription could be given of what is called in England The English *^® " Voluntary submission" process, by which the over- " VoLUHTAET whelmina; proportion of registered prostitutes are brought Submission" , „ „, . . i ^ i i. • j. i AND FoKEiGu upoH the roll. There is just as much or wnat la truly "iNaoKiPTioN "voluntary" in the one case as in the other. In both VOLUHTAIBE." •' y r 1 r • cases the process represents the final stage of a persis- tent hunt, and is devised as a means for facilitating the action of the police, and not for the protection of the woman. The process of the "inscription dJ office," on the Continent, and the process by information before a justice in England, are alike in being at once the alternative to the so-called voluntary " inscrip- " tion " or submission, and the penalty reserved by way of enforcing that. In England, indeed, the constitu- tion demands that the judge be an ordinary magistrate, and the proceedings follow in some respects the general Process bt course of a criminal trial. But the inherent vagueness AND THE which hangs round the " matter of the information," "iNsoEiPTioN the truth of which is alone put in issue ; the burden of negative proof, in a matter so serious, cast upon the woman by a policeman's oath ; and the encouragement to secrecy in the proceedings afforded by only admitting the public if the woman expressly desires it (section 37 of the Act of 1866) ; all remove the proceedings as far as possible from any true resemblance to the digni- fied, liberty-loving, unimpeachably honest, procedure which has made English criminal justice so celebrated and envied all over the world. But just so far as these proceedings are different from the current processes of English criminal justice do they approach those known to the irre- sponsible and arbitrary Courts over which a Foreign Chief of the Police presides. In fact, the course of a trial as described by Dr. Jeannel (p. 327) as taking place before a Chef du bureau des mceurs, on a refusal by a woman to consent to registration', exactly reproduces what, by the nature of the case, must take place in the "room or place " in which an Eno-Iish COMPARISON OF THE ENGLISH AND FOEEIGN METHODS. 203 justice sits to inquire into the " truth of the statements Chap. VI. " contained in any information or application "-under the English Acts against or by a woman. " It some- db. jeannbl times happens," says Dr. Jeannel, that " a woman °^ Pboobbd- " summoned for the first time to appear on the ground the Police. "of her being a clandestine prostitute, protests with '' energy against the assertions of the police ; thereupon " the Chief of the Department of Public Morals who " interrogates her, can easily discover from her replies " whether it is true that she possesses regular means of " existence, and does not practise prostitution nor in- " tends to give herself up to it. In such a case the " manner of the accused, her self-confidence, her in- " dignation, the despair with which she repudiates the " charges of the police are sufficient evidence that these " have been deceived by bad appearances, and that " they have exceeded their functions." It is quite new to rely conclusively in a penal inquiry upon such evidence as this in England; though this secret criminal tribunal presided over by a single judge must go a long way to make such modes of trial familiar and accept- able. It is obvious then, how in all that concerns the regis- Close Paeal tration of prostitutes the English method follows so bngush and closely as even to mimic its foreign, type; great ingenuity, Foeeign however, being exercised to deceive the English public and to conform outwardly to the demands of the English constitution. It is the "visiting surgeon " who assumes half the functions of the police. A sub- mission which denotes the last refuge from pressure and persecution is, by a cynical paradox, styled " volun- " tary." The ordinary Court of Petty Sessions is trans- muted into a private police office, and a solitary pre- siding Justice of the Peace into the Chief of a Police Department. In England, too, as abroad, relief from the system can only be obtained through the police. In form, indeed, under the English Acts, a Justice of the Peace has the power to liberate a woman from the 204 LAWS FOE THE REGULATION OF VICE. Chap. VI. necessity of" attending the periodical examinations, and so likewise has the visiting surgeon. But in the former case, it involves reference to the superintendent of police and a formal trial of the case under the con- ditions of secrecy (unless the woman expressly desires the contrary), already alluded to. In the latter case, the visiting surgeon can only act after reference to the superintendent of police and on his favourable report. Thus in England, wherever these Acts apply, no woman who has once publicly bound herself to the life of a prostitute can abandon that life, or, at least, the public profession of that life, unless a superintendent of police expressly consents. The same is the case abroad, and the result is seen at Paris in the statistics from M. Lecour, already quoted, to the eifect that out of some 600 women who escape in one way and another from the register every year, often only one, and sometimes none, are released with the consent of the police. English AND IV. On the face of it, the most notable difference a™tude between the English and Foreign methods of licensing LimTed ^^^ regulating prostitution, consists in the large space Houses. which is occupied in most of the Foreign Regulations by thepolice measures in respectof "tolerated" or "licensed" houses for purposes of prostitution, and the almost com- plete absence of any outward provision for such measures in the English Acts. The odium which so deservedly attaches to houses of this description is so widespread that nothing would, probably, tend more to impart a favourable character to English methods in comparison with Foreign ones, than a well-grounded belief that the English method discouraged, while the Foreign method encouraged, the existence of these houses. For many years past the public recognition and regulation of brothels has not formed a part of the system " as it ME.A0TON. "exists at Berlin." And Mr. Acton (p. 160) says in reference to this, "The advocates of public prostitution " are not necessarily seeking to introduce the terrible COMPARISON OF THE ENGLISH AND FOREIGN METHODS. 206 " maisons de JiUes. We see from the example of Berlin Chap. VI. " that hrothels are not necessary adjuncts to the public " system." It is not, however, sufficient to acquiesce in the bare What the ,. .-i , 1 J.- 1 r ri- J Abolition OF assertion that, under a particular lorm oi licensed pros- brothels titution " brothels are abolished," as Mr. Acton says Means. "was the case at Berlin in 1855, or that no public pro- visions are made for their management. It remains to be seen what the abolition or recognition means, and how far it can be anything more than nominal under a system of licensed prostitution. It may even appear that, if such a system is to exist, it is a loss rather than a gain to withdraw brothels from the special interference and vigilance of the police. Of course the temptation to abstain, where at all possible, from making formal regulations with respect to brothels is very strong, because it is just the part of the system which, from the precise organization it calls for, necessarily is the first to arrest the public eye and shock the public conscience, and illustrates in. the most palpable form the essential immorality of the system of which it is an inevitable outgrowth. It is thus not surprising that in Berlin, and quite lately, throughout Germany, where the system has throughout encountered the most serious obstacles on moral grounds, and has, even up to the present moment, had a hard struggle to maintain its hold, the formal recognition of brothels has been the first sacrifice made to the opponents. The same has been the case in England. No formal recognition of brothels appears on the face of the English laws, and it is no doubt largely on this ground that some persons believe the English method of licensing prostitution to contrast most favourably with the French, Belgian, and Italian methods. It has already been seen in the Chapter on " Licensed Evidence on " Houses " that, so far as the evidence produced before ENOLANif ™ the Royal Commission of 1 871 by the supporters and administrators of the English Acts goes, the keepers of 206 LAWS FOB THE REGULATION OF VICE. Chap, vl brothels are on good terms with the police engaged in exe- cuting the Acts ; they freely co-operate with the police in bringing the women up to examination ; they facili- tate all enquiries and searches made by the police ; they find the hospitals convenient for freeing them from dis- abled women who would otherwise be idle on their hands ; and they only find fault with the system when it operates so as to deprive them of women who are not so far disabled as to be unable to cling to their trade. If it is said this evidence is partial and relates only to a limited period when the system has hardly taken root, it must be asked, how the results could be otherwise. HowaPrac- It -was pointed out at considerable length in the TICAL TjTCFNCP 13 BROUGHT chapter devoted to this part of the subject, that whether ABOUT IN a particular lodging-house to which prostitutes betake themselves in numbers of more than one or two shall be designated a " brothel " must depend jointly on the police and the judge of the court of summary jurisdic- tion, whether a police court, court of petty sessions, or a tribunal of a. juge cle paix, and most frequently, on the police alone. Thus, it is inevitable that the keeper of a lodging-house will learn how to keep his establish- ment out of the illegal category by cherishing amicable relations with the police, and readily complying with any directions they expressly or by implication lay down. These directions, though, perhaps, at first various and fluctuating, gradually are formulated into a well-known and uniform code. They are neither less nor more than the regulations obtruded before the eyes of the public in the French, Belgian, and Italian varie- ties of the system. In some respects they are likely to be more noxious than those regulations because, inas- much as their validity rests on an illicit and covert understanding between the police and the brothel keepers, there is a less effectual security for the pro- tection of the unhappy inmates, or for the even and impartial execution of the law when it is against the keepers as well as when it happens to be in their COMPARISON OF THE ENGLISH AND FOREIGN METHODS. 207 favour. It may seriously be doubted whether, when Chap. vi. . all the moral scruples are overcome which forbid the licensing system altogether, there is any gain to public liberty or to morality in not going the full length of the Parisian system, and, all hypocrisy being given up, bringing under public legal control persons whom it is the acknowledged policy of the law to recognize and therefore to encourage. With respect to brothels, there is no third course No Third between the policy of consistently and absolutely dis- between En- couraging them, and encouraging and fostering them, coueaqement Tip to the time of the passing of the English Acts, it agement. was (as was previously shown) the unequivocal policy of English law to treat all houses resorted to by women for purposes of prostitution as outside the protection of the law and liable to be suppressed by measures familiar to the ordinary criminal law. This policy was fully supported and made more effectual by general and local Acts of Parliament. Under the common law and under these Acts a policeman knew a brothel only to suppress it, though it might be deemed expedient at particular times and places only to suppress the worst, or, at any rate, to commence with these. When these Acts were passed two distinct and conflicting duties were cast on the police ; one, that of suppressing all brothels ; the other, that of suppressing only those the keepers of which place obstacles in the way of cer- tain sanitary measures, and, to a proportionate extent, of encouraging and protecting all the rest. This result is, of course, only one of the many moral anomalies and confusions which the whole system of licensed prostitu- tion involves, though it is one of the most glaring when it is fully explained. Certainly, the English variety of the system can claim no credit whatever for severity towards brothel keepers which is not equally due to the most confessedly flagitious varieties of the system 208 LAWS FOE THE REGULATION OF VICE. Chap. VI, abroad. There is, indeed, in the Act of 1866 one ominous clause (the 36th) which, to the discerning eye familiar with the language of statutes, seems in- tended directly to countenance not only brothels but an internal police organisation of brothels so long as the sanitary provisions of the Act are complied -with ; and none the less so because a proviso affects to keep in force all the perwlties to which the keepers of brothels are liable. This clause visits with a penalty of a twenty pounds fine or, at the discretion of the justices, of im- prisonment with or without hard labour for any term up to six months the " owner or occupier of any house, " room, or place within the limits of any place to which "the Act applies, or being a manager or assistant in the "management thereof, ha'sdng reasonable cause to " believe any woman to be a common prostitute and to " be affected v.'ith a contagious disease induces or suffers " her to resort to or be in that house, room, or place for "the purpose of prostitution." The words in italics point to what is the real and only gist of the offence. Certified Hospitals in V. It is probable (here are some persons who from England. a superficial acquaintance with the foreign aspects of the system, and only a cursory study of the English Acts, look on the certified hospitals in England as the redeeming feature, if not the plenaiy justification, of the system in its English garb. They would point es^pe- cially to the 12th section of the Act of 1S66 (introduced by the way, in the House of Commons as a la-t counter- active efiort, at the instance of an opponent of the whole system) which runs as follows : " A hospital shall not be " certified under this Act unless at the time of the orant- "ing of a certificate adequate provision is made for the "moral and religious instructidn of the woman ik^- " tained therein under the Act : and if at any subse- " quent time it appears to the Admiralty or the Secre- "tary of State for War that in any such hospital COMPARISON OF THE ENaLISH AND EOEEIGN METHODS. 209 " adequate provision for that purpose is not made, the Chap. vi. " certificate of the hospital shall be withdrawn." Now, so far as it is intended to suggest a comparison Eeligioos in favour of the English method as against the French, „, fbenoh it may be noticed that provision for religious instruction Hospitals. is no peculiarity of the English system j indeed, it is probable that an adequate provision for moral and religious instruction enforced by Act of Parliament can by no means vie in efficiency with the highly organised religious agencies spontaneously and richly supplied in Catholic countries. Thus, Mr. Acton says (p. 114), MB.AnTONON " that the infirmary department of the St. Lazare lazaee Hos- " Hospital at Paris (which corresponds to a certified f'^^- " hospital in this country) is under the direction of " two physicians, two house surgeons, an apothecary, " twenty-two wardswomen, and eight sisters of charity " of the order of Marie Joseph. The patients are very " carefully classed with a view to the separation of the "old from the young, and the hardened from those " whose reclamation is not hopeless." In the case of TheLoueoinb the Lourcine Hospital again, which is a "free receptacle "for unregistered syphilitic females," the service in- cludes twelve Sisters of Charity of the order of La Compassion. Nevertheless, though no exclusive merit can be claimed for the English hospitals in respect of moral and religious instruction, and the value of two contra- dictory courses of lessons, proceeding, on the one hand, from the surgeon who enlarges on " prophylactic " pre- cautions, and, on the other, from the chaplain who preaches on repentance, is, at least, open to question, it may be worth while to listen to the evidence of a hospital chaplain as he produced it before the Royal Commission of 1871. Of course this testimony is only cited here by way of pointing to what is possible, not to say probable, and not in order to enforce a final con- clusion. The Rev. John Hawker, Chaplain to the p 210 LAWS FOK THE EEGULATION OF VICE. The Eev. John Hawkee's Evidence. Chap. VI. Eoyal Albert Hospital for a year and eleven months, - said (A. 7673-4) "That his duties were those of en- " deavouring to reclaim fallen women of theLock wards, •'and performing Divine service in periodical order. " 1700 cases had passed through his hands." On being asked (Q. 7412) "Do you consider these Acts have " an immoral tendency ? " He replied, " Yes, in en- "couraging prostitution." (Q. 7413) "In what way " should you say they encouraged prostitution ? " " If " a young woman is in a state of poverty she hears that " at the hospital they are very well cared for, kindly " treated, and that they get a good living by going on " the streets ; such cases are not by any means few." (Q. 7492) " Now, we have been informed by Inspector " Anniss that of those 1500 women [taken off the " register for various causes] 90 per cent, have been " absolutely reformed. I want to know whether your "judgment corresponds with that?" "Quite the " contrary ; I should think if he had said 10 per centw *' it would have been nearer the mark." (Q. 7580) " Your feeling is that these Acts have not diminished " clandestine prostitution ? " " No, they have not." (Q. 7581) "But have increased it in that district?" " Yes." It has already been pointed out in the chapter on hospitals, that constituted as certified hospitals are, and holding the place they do in a system of licensed prostitution, they must necessarily become simply a premium on the public profession of prostitution, and an aggravation of the evils inherent in the system. There is nothing whatever in the English certified hospitals to give them the minutest advantage in these respects over hospitals abroad. Kesults of Comparison. From the above comparison of the English and foreign variety of the system of licensed prostitution the following conclusions result. Firstly (1) according COMPARISON OF THR ENGLISH AND FOEEIGN METHODS. 211 to the English method, both in the title of the statutes Chap. Vl. and in the substance of their provisions the sanitary ^^TgT^JJ^^lET object is made to exclude every other real or possible Objeot Paea- object, the consequence being that the whole subject is relegated to the attention of those who are supposed to be specially interested in sanitary science. On the Continent, the furthering of the sanitary object is combined with that of other objects, and the whole system, when once perceived and understood, seems to assume more alarming proportions. This combination of objects, moral (or immoral), political and sanitary, is just as real according -to the English method as according to the foreign one ; though owing to the accidental division of the police machinery by which, in England, the different objects are sought to be obtained, some of the objects are kept entirely out of public view, others are only involved by implication, others are only waiting a favourable opportunity to find more effectual exposition and more direct means for their attainment. Secondly (2), whereas the English Constitution of itself (2) English - . . , . T , . n Constitution opposes peculiar barriers to the introduction of a system Aveksis to which entirely depends for its success on the extent "^^^ System. of the arbitrary powers conceded to the police, these English laws on the other hand betray a conscious struggle with the best established principles of that Constitution. As the nature of this conflict becomes better ascer- tained, it must be expected that judicial decisions and declaratory legislation will support the genuine prin- ciples of the Constitution rather than those laws, which, either by their express provisions or their acci- dental or intentional vagueness, are out of harmony with it. Thus, unless the system of licensed prostitu- tion in this country gets the better of the Constitution, the system must become in time so far weakened and paralysed as to lose all the energy which is an indispensable condition of any seeming success. On P 2 212 LAWS FOE THE REGtTLATION OF VICK Chap. VI. the Continent, on the other hand, there is nothing in the current notions or political institutions which treats police agency as inherently fraught with dangers to public liberty, as needing the severest legal circum- scription, and as amenable at every moment to the jurisdiction of courts of justice. Even in countries where, as in Switzerland and Belgium, abstract con- stitutional liberty is most prized, and political institu- tions are based upon a recognition of its claims, the functions of the police are in the highest degree in- determinate, and even their legislative power, within certain limits, very considerable. Thus, in such countries, all the machinery is at hand for the untram- melled application of the system of licensed prostitution, and, consequently, if that system could be effective anywhere it would be effective there. K it be alleged that the system has any efficiency in other countries than England, the price at which such efficiency is pro- cured must not be left out of account. (3) An effeo- Thirdly (3), in the English written law on the subject, the expression " registration " or " inscription " is care- TRATIOH TAKES PLACE. fully avoided and " liability to periodical examination '^ substituted, in order, no doubt, to convey the idea,+'- prostitutes are momentarily grouped as a class tot a single medical purpose only and all other notoriously evil consequences of registration and the construc- tion of a prostitute class are thereby avoided. But it is found on going an inch below the surface, and even reading the reports of the police furnished to Parliament, that the class of common prostitutes " made liable to periodical examination " is for all purposes, whether moral or immoral, as sharply marked out by the police, and, consequently, by the women themselves and by the public around, as is the class of filles mscrites as distinguished from the i7isoii.miscs in other countries. The metropolitan police distinguish prostitutes into those who are " registered " and those COMPABISON OF THE ENGLISH AND FOREIGN METHODS. 218 who are not, and record with the same minuteness as Chap. VI. the Parisian police the circumstances under which each woman was admitted on the register and those under which she was dismissed from it. The modes of admission to the register are as nearly alike in this country and abroad as the varying political constitu- tions admit, and the English Constitution is strained to its utmost, if not seriously infringed, by the effort to follow the foreign example. The so-called " voluntary " Modes of submission is as much and as little voluntary as the the bame inscription volontaire in Paris and the registration Eveetwheeb. which takes place by information laid before a justice of the peace is as little resorted to as, and recalls in all its particulars the oppressive features of, the inscription d'office, which even M. Lecour flinches from as a mesure grave, delicate, pleine de resjoonsabilit^s et d'4cueils {De I'UtdtActuel, see p. ^7). Thus, so far as the fact of organising a class of prostitutes, and the modes by which it is effected, goes, there is nothing to choose between the English and the foreign system. Nor is there anything to chose between them in respect of the mode by which a woman escapes from the class. It has been abundantly proved that in England, as in all other countries, her release is made to require the assent of the police, though impedimenta to that release may come from other quarters as well. If in any of these respects the British Constitution at present secures some slight advantage to English women falling under the sji'stem, such an advatage is felt to be, what it is, so far a drawback on the sanitary efficiency of the system, and it must be the constant aim of its promoters to reduce and exclude it. Fourthly (4), though in respect of the generally con- (4) Poltoy m fessed iniquity of licensed houses of prostitution, the Beothels the English statutes nearly succeed in evading all allusion ^^^^ Evert- ° . •' - WHEEE. to the subject, yet it may well be doubted whether the implied recognition accorded to the owners of brothels who approve themselves to the police is not more 214 LAWS FOB THE BEGTJLATION OF VICE. Chap. VI. dangerous to public liberty and morality than tbe express and carefully drawn regulations applied to such houses abroad. It has been shown that such an implied recognition is an obvious consequence of the registra- tion and the periodical examinations of prostitutes; that such a recognition is wholly opposed to the well established doctrines of the older English law; and that, so far as the short experience of the system went at the time of the Royal Commission of 1871, the evi- dence of the most trustworthy witnesses in Government employ proved that the owners of brothels were in favour of the licensing system, were on friendly terms with the police, co-operated with the police in applying the system, and only remonstrated when women in the first stage of disease were (as they thought) prematurely withdrawn from their clutches. If under the English system, all the horrible slavery, brutal immorality, and wide-spread dislocation of the moral sense which " tolerated houses " invariably enshroud and engender has not yet been brought about, there is nothing in the English statutes to prevent it, and, for the first time in the history of English legislation, there is everything to facilitate it. o^CeeXd" ^iftlily (5)- The general provision for hospital treat- HospiTALs ment is identically the same in England and in other EvEBrwHEEE. countrics. In England the hospitals are freely open to registered prostitutes only. All women classed as regis- tered prostitutes are liable to compulsory detention in hospital if believed to be diseased. The hospitals are, — so far as these women are concerned, — managed by a strict and, practically, arbitrary body of regulations, disobedience to which is treated and punished as a penal offence. In fact, while it is the policy of the system as a sanitary device to make the class of regis- tered women as comprehensive as possible, so that it shall include all women verging on a life of prostitu- tion as well as aU who have already betaken them- COMPARISON OF THE ENGLISH AND FOEEIGN METHODS. 215 sehes to it, it is likewise the policy to convert the hospi- Chap. VI. tals to which these women are sent into penal institutions managed by prison rules and discipline. In every one of these respects, — as disastrous to the general popularity and diffusion of hospital treatment as to morality and liberty, — no distinction whatever can be drawn between the practice pursued in the Royal Albert Hospital at Devonport and that in the St. Lazare Infirmary at Paris, between the Lock Hospital at Portsmouth and the Hdpital de la Conception at Marseilles. It has already been pointed out that, so far as any affected moral or religious instruction goes, the provision made in Continental hospitals is notoriously far more affluent and pliable than the parsimonious and formal services secured by the hard words of a clause in an English Act of Parliament. The general result of this comparison is that what- ever difference exists between the system of licensed prostitution as it is found in England ^and in other countries is apparent and not real ; or where real, is due to causes — such as the sturdy resistance of the British Constitution — which must be gradually opposed and weakened, if the system is, in the eyes of its advo- cates, to have even a show of sanitary success. The supe- rior elaboration and complexity of the foreign methods are due to nothing else than to longer of&cial experience, well-established acquiescence or persistent apathy on the part of the public, and the legislative capacity and instinct of foreign police agents. If the system takes root in England or the United States and public suspicion is finally lulled to rest, there is nothing to hinder that system from becoming as finely articulated in all its ramifications, and society becoming as deeply saturated with its spirit as is the case in Continental countries. 216 LAWS FOR THE REGULATION OF VICE. CHAPTER 711. FUNCTIONS AND DUTIES OF THE STATE. Chap. vii. In the previous chapter the system of licensed prosti- tution in all its aspects and in its detailed administra- tion has been carefully surveyed, and the extent of the alleged difference between the English and Continental species of it has been rigorously examined. It remains now to criticise the political theory which alone could justify resort to such a system, — supposing it to be otherwise recommended by well-grounded sanitary con- siderations. It will then become possible to indicate the true lines on which the evils proposed to be re- medied can alone be wisely and safely approached. Attitude of There is hardly a writer on the subject, either in this PoLiTicAi country or abroad, however enamoured he may be with Aspects of ^j^q system, who does not betray a certain amount of THE Question. ... ,. ^ i hesitation or diindence, not to say shame, when he attempts to set out his political and social theory with any degree of completeness. He is reduced to avail himself of apologies and counter statements, and exhibits a wild recklessness in closing with any remedy within reach, whatever its ulterior consequences, which no rational politician would have the hardihood to exhibit in respect of any other topic of legislation. He is stricken from the first with the enfeebling conscious- ness that he cannot reason the matter out without landing in conclusions which are fatal to all hope of moral and political improvement, and therefore he does not reason at all, or reasons badly in the desperate hope FUNCTIONS AND DUTIES OF THE STATE. 217 that the readers whom he is addressing will not find Chap. Vll. . him out. Thus, in the following passage from Mr. mb Aoton's \ Acton's work (p. 160) it is quite impossible to say Apology for whether he thinks the system of licensed prostitution on the whole morally justifiable or not, or whether supposing it is not morally justifiable, whether he still wishes it to be adopted. Mr. Acton says : " To create and maintain a class of harlots for the " benefit of the public health is, doubtless, repugnant " to English feelings, and to preserve decency by licen- " sing vice seems to us an intolerable outrage on reli- " gion. Such a system appears better suited to heathen " times, and to grate harshly on Christian civilization ; " it has, however, at least the merit of being logical, "and is, apart from its cruelty, in accordance with " common sense. It sees an evil, and, therefore, seeks " a remedy — a dire disease, and, therefore, withstands " its progress and limits its sphere of action — a vice " incurable, irrepressible, and, therefore, seeks to regu- " late ; unfortunately the method adopted has, at least, " the appearance of sanctioning vice, and undoubtedly " tends to harden the heart and to blunt the conscience. " While remembering the injury it inflicts on indivi- " duals, we cannot but admire the benefits that it " bestows on the public, and, from a material point of " view, on its victims." The following passage from Dr. Jeannel's work, so often cited before, is even still more explicit in the admission that the system is, from first to last, too grossly and palpably immoral to bear being translated into the language of written law, and therefore, if it is to exist at all, must be relegated to the obscure officers and tribunals of the police. Dr. Jeannel says (p. 302) : "Strict logic would demand that the toleration [of Db. Jeannel " prostitution] once recognised as inevitable, should be jfoN.^™^^' " clearly enounced by a written law which should, at "the same time time, define the greater and lesser 218 LAWS FOR THE REGULATION OF VICE. Chap. VII. " breaches of it, assign tlie penalties, ascertain the " principles for judicial decisions upon it and direct the *' magistrate and the police when and how to interpose. " But such a law, by the very fact that it would have " marked the cases in which prostitution must be re- " pressed, would have necessarily admitted that there "were cases in which, infamous as it is, it was not " illegal ; such a law, surrounded though it might be " by limitations on its mode of execution, must have " elevated the commerce in a woman's person — against " which the conscience of mankind revolts, and which " religion anathematises — into a regular profession, and " so, in one word, would have created a legal right to " engage in prostitution. Prostitutes and pandars who " complied with the regulations of such a law would " have lived in orderly security under the same aegis " of the State as all other citizens ; and, consequently, "in proportion to their obedience, would they have " been protected with a view to the discharge of their " social functions. This is what no legislators have yet " had the courage to look in the face without an invin- " cible repugnance so often as they have approached " the question of prostitution, and have set themselves " to filling up what administrators call, with some " show of reason, a gap in our codes. It is on this " account that the prefects of police have been left to " themselves in spite of their desire to be guided and " supported by law in a matter which touches one of " their most grave and delicate responsibilities ; that is, " the inevitable toleration, coupled with the necessary " repression, of prostitution." This is a logical, and, indeed, honest exhibition of the real state of the case, and, at least, evinces perfect clearness of thought. What ambiguity or perplexity there is attaches to the attempt, here portrayed, at once to be moral and just in making the laws which people read and openly discuss, and to be indifferent to morality FUNCTIONS AND DUTIES OF THE STATE. 219 and justice when according powers to the police to Chap. Vll. make regulations which people do not read. The follow- ing short extract from the Report of the English Royal The English Commissioners of 1871, and which probably expresses jjjagjojjuEs on the view of no single one of the Commissioners, shows ™^ Pniro- ° , , , TIONS OF neither clearness of thought nor purity of moral instinct Legislation. nor decision of purpose. On this ground it is a fair and average exponent of the confusion of mind into which all the supporters of licensed prostitution fall when once they attempt to find a basis for their system in political reasoning. The Commissioners say (s. 48) : " But even granting that the regular attendance before " a surgeon is a vital part of the system, it becomes a "grave question whether the system could be main- " tained in the face of objections which, on moral "grounds, have been raised against it. Prostitution " may be said to be tolerated by the law, because it is "not an offence punished by the law; but toleration is "a, negative quality, and the bound of toleration is " overstepped when the law interferes to place prosti- "tutes under regulation with the avowed object of " protecting those who consort with them from the "dangerous consequences to which illicit commerce is " liable. Thus, it is said prostitution is indirectly, if "not directly, recognised as a necessity. On the other " hand, it is contended that by placing prostitution " under regulations it is not recognized as a necessity, " but the fact of its existence only is recognized. It is " diflBcult, however, to escape from the inference that " the State, in making provision for alleviating its evils, " has assumed that prostitution is a necessity" There can be no doubt on reading these feeble and vacillating utterances that, in treating of the respon- sibility of the State in respect of prostitution, writers are -guilty either of confusion of thought, or of dishonesty of purpose, or of both. They descry what, to their minds, seems a possible mode of mitigating an admitted 220 LAWS FOR THE EEGULATION OF VICE. Chap. VII. evil and they then cast ahout for some justification of it in moral and pohtical theory. Where the dominant political theory to which they are compelled to do homage is unaccommodating, they resort to all sorts of shifts by help of which either to escape from its logical consequences or to cloak the real character of the action they recommend. Indeed they do both at once, by first making a laboured apology to the effect, that, pro- vided some impression seems likely to be made on disease, it is of no consequence whether Law and the State impart, in appearance or in fact, a direct en- couragement to vice ; and by then going on to argue that to spend public money in a way which overtly secures beforehand that vice shall be indulged with the utmost attainable facility is in no respect encouraging vice, but only recognising its inevitable existence and few of its results. The subjectof thealleged "necessity" of vicehasalready been fully discussed in the opening chapter of this work, and it was seen that there is just as much, and just as little, moral apology for claiming exceptional and ano- malous legislation on account of the alleged necessity of sexual vice, as there is for claiming it on account of deep- rooted national habits of drunkenness and of cruelty in all its shapes. If the difficulty of surmounting these habits by legislation only were held a reason for unprincipled legislation, all hope of applying the doctrines of morality and the methods of logic to the realm of politics must henceforward be given up. Political action must be controlled by nothing else than accident, caprice, party ascendency, and roughly balanced probability of immediate material advantage. It has not yet come to this either in England or in the other progressive countries of the world, and the proof of it is evinced in the laborious and strained efforts made by all the writers on the general subject and by every Parliamentary debater to find a moral FUNCTIONS AND DUTIES OF THE STATE. 221 and logical justification for the licensing system in a Chap. VII. sound political theory. With what success this has been done may already be diviued, but it will appear more clearly from the following investigation into the nature and limits of the responsibility of the State as applicable to the subject under-consideration. A difficulty is encountered on the very threshold of Absthaot and • n- • 1 • f 1 UtIHTAEIAN the enquiry as to the conflictmg claims of what may be Views of the called a purely " abstract " and a prudential or utilita- °^^™- rian view of the State and its policy. Though, of course, pages might be written, and have been written on this topic, yet the practical results of the enquiry may be enclosed in a very narrow compass, and are tolerably well admitted on all sides by the statesmen of Europe and of the United States. Those who ponder the most deeply or talk the most loudly on the abstract conception and duties of the State none the less admit that it is in observation and experience, and not in a priori guesses, that the true field for wise State action in respect of any particular matter is to be determined ; and that, although the more universal and permanent aspects of the State suffice indeed to mark out the general limits of its action and the direction of its duties, yet these, in themselves, are wholly insufficient to discover the time, the place, the amount, the detailed contrivance, of such legislation, as may be needed from moment to moment in the life of the State. On the other hand, the most rigorous utilitarian justly resents the imputation that the practice of carefully weigh- ing against each other incompatible and conflicting advantages in respect of their quality, their intensity, their preciousness, the length of their duration, and their distribution, in no way excludes the need for pay- ing due deference to the paramount claims of such strictly utilitarian principles as are established by the widest of all inductions, and are expressed in such time-worn words as Justice, Truth, Honour and Purity. 222 LAWS FOR THE REGULATION OF VICE. Chap. VII. Thus, the most exact representatives of the two widely opposed schools of moral and political thought may be State Action, said to agree that there are limits to State action of a more or less indeterminate, but real and highly signifi- cant, kind which the State cannot overstep without, in the language of one school, deeply offending against the dictates of the common and educated human con- science, or, in the language of the other, committing a scandalous outrage on the most obvious and com- manding sort of utility. Both schools are agreed that the limits to State action are marked on some sides, at least, by the necessity of the State being "just and true in all its dealings,'' of giving an un- faltering support to the cardinal institutions of society, such as Marriage and Family Life, and of uniformly discountenancing, even when incapable of penally re- pressing, all anti-social instincts and practices. It need not be said that the largest variety of individual opinion exists in all schools as to what are the " cardinal insti- " tutions of society," and what is their true or best framework ; also what are all the anti-social instincts and practices which ought to be legally discountenanced ; and what are the only justifiable grounds of interfering with individual liberty. But these varieties of specu- lative thought, interesting and important as they are, do not aff'ect the broad and common maxims which are current in public opinion and the professed legislative action of every State of the civilised world. Bearing in mind, then, the necessary interaction, at every point, of abstract maxims of policy and of conclusions drawn from a critical use of recorded experience, the following principles of State action must be held to be such as to command very general, if not universal, acceptance. I. Policy must I. The general policy of the State, as finally expressed noDs. ' in its laws and administrative action, must be clear and unambiguous. Of course this is important enough for all legislative purposes whatsoever, and is always recoo-- FUNCTIONS AND DUTIES OF THE STATE. 223 nised as one essential condition of good legislation and Chap. Vll. government. But where the subject-matter touches on a directly moral topic, and the purity and correctness of the moral sentiments of the whole people are in- volved in distinctness of utterance, the need for plain- ness of speech cannot be too strongly insisted on. Ob- scure laws, inconsistent laws, ambiguous laws, are here not merely impediments to free public action and to the easy administration of justice, they are grave moral misdeeds. If the law is knowingly allowed to incline, on the whole, in favour of an immoral sentiment, or if such an interpretation of it is allowed to be so much as possible, it is one of the most heinous of moral offences of which a State or its rulers can be guilty. The general moral sentiments of a people are dependent upon a vast variety of subtle and incalculable influences ; their reli- gion, their traditional customs and institutions, their social habits, their historical antecedents, the amount and character of their intercourse with foreigners, the dominant speculative theories, and the prevalent educa- tional enterprises, all combine to create and enforce the moral sentiments of the hour; while these sentiments themselves react powerfully upon all those influences. But, no one of these influences is so omnipresent, so en- eduoational during, so persuasive, so directlyauthoritative,asthevoice ^aws™"^ °^ of the State uttered either in its laws or in its adminis- trative acts. These laws and acts speak with a delibe- rateness of purpose and a magniloquence of style which, while they compel the attention of all, powerfully im- press the imagination in a way no other private or public utterance can. Of course most people do not read or study the law, till it is brought close to them ; but on this account there is all the more need that the part of the law which they do chance to study should fairly represent the spirit of the whole ; and, therefore, that the whole law, each part of which will be studied by some, should be unimpeachable and harmonious. If 224 LAWS FOR THE REGULATION OF VICE. Chap, vil then it be true that it is upon the sublimity, the simpli- city, and the tenacity, of the moral sentiments of a people that the fortunes of the State depend, and that these sentiments are sound and pure according as the Law is clear and stainless, how can a body of Law, which for- mally and openly recognises, protects, licenses, regulates, and facilitates, prostitution, be exempt from the grave charge of weakening and confounding the moral senti- ment of the whole people, and so conducing to the worst national misfortunes ? A struggle will no doubt, for a time, ensue between the lessons of the legislator and the lessons of every other moral and religious teacher in the land. But these last will be desultory, varying in form, and implicated in matters of dubious importance. The lessons of the legislator will be constant ^nd uni- form, only gaining force by time and custom, and will finally dominate over every rival. The final doom is written in the words, that organised fornication has become as cherished an institution of the State as lawful marriage. VAEIO0S Of course, it is a truism to assert that the legal Theobibs as - . - , , . .,, TO DIRECT duties or persons are very seldom co-extensive with Eotoeobmbnt tj^ejj. ^ I duties, and that the State can go a very OF MOBAMTT. ' _ [ ^ . . little way indeed in directly promoting the morality and virtue of its citizens. How far it can wisely attempt to go is a matter upon which the ablest thinkers and practical statesmen are by no means at one. Some would reduce the State to nothing more than a mechanism for preserving the external order and securing individual liberty, leaving the modes of wisely using this liberty to the unfettered choice of the private persons concerned. Others, again, would extend the field of State action, not only to every branch of co-operation for purposes of material improvement, but to the lower and higher education, to science, art, and even to religion. Others, again, would extend the area of State interference indefinitely in some direc- FUNCTIONS AND DUTIES OF THE STATE. 225 tlons, and would restrict it as severely in others. All Chap. VII. sides confess that the regions of law and morality are " not, and cannot be made, conterminous. It is also obvious enough that laws and political institutions often combine to support practices long after the moral sentiment of the people has generally condemned them. Law never keeps exact pace with progressing moral sentiments, and the law of one age generally consecrates much of what was held sacred in a former age, but is now repudiated. Thus the laws protecting and regulating gambling-houses and public lotteries have in Continental countries only quite lately been abolished, though the moral sentiment which con- demns such institutions had been long formulated in the better part of society. It may happen, indeed, in countries in which the representative mode of govern- ment is only inadequately developed that the law is made by persons far in advance of the general com- munity, and so reflects moral sentiments scarcely as yet fully come to maturity anywhere. All this is as obvious as it possibly could be, and yet the existence of laws licensing and regulating prostitution doesnot find the slightest justification thereby. Professor pkofessoe Homung, of Geneva, in his essay on " Prostitution in ^Timpeison- " Geneva from the Judicial point of view," (read before ment of the "Society of Public Utility," in 1873, and which led ^«°»™°™- to the abrogation, in the Geneva Penal Code of 1874, of the law of 1817 by which the arbitrary imprisonment of prostitutes by the police was sanctioned) appeals to those who in the name of public liberty protested against the compulsory observance of Sunday, though this observ- ance was, on the face of it, entirely in favour of those who might otherwise be made, or induced, to work on that day. Professor Homung says, " But as to the " imprisonment of prostitutes and their detention by a " mere administrative process, which constitutes so for- "midable an exception to the common law, people 226 LAWS FOB THE EEGTJLATION OF VICE. Chap. vii. " accept it without SO much as a word. People will PB0FE88OB " °°t ^^^^^ ^^^ tutclagc of the State in the interest HoBNDNG ON " of morallty, order, and the public health ; yet they put Imprisonment " up with it in the interests of profligacy, and that under BY Police. •> ^ form the most to be condemned. There is here " a defect in logic truly incomprehensible. Can it be " that prostitutes are not persons worthy of the concern " of society (des personnes interessantes) ? Any way, " there is a flagrant contradiction, and it is time that " the great opponents of State tutelage when it profits " the weak should come to be in accord with themselves " by joining us in calling for the suppression of that " same tutelage when it profits the vicious. But we " go so far as to say that the State ought to leave vice " to itself with all its consequences and its plenary " responsibilities. The police ought not to make terms " with evil by organizing prostitution. Only, when it " is left to itself, every public outrage on modesty " ought to be severely punished, and, in general, a " strict hand applied to the execution of the law in the '• interests of public morals." Real Natubb Ti^jg passage puts, clearly enough, the real complaint PoLiTioAL against the laws under consideration so far as their outward character goes. It is not that they faU to enforce the obligations of the highest morality, for no law can achieve this end. The wisest laws seldom even directly attempt it. It is not that they support practices and institutions which have only lately come to be condemned, while they were previously in repute, and even stiU are recognised as good and useful among important classes of society. This is true of many laws in all countries and, in their turn, is likely to be true of all laws. The complaint is that, in the case of a vice, which is condemned without scruple or qualifi- cation by the whole reputable portion of the nation, and which the plain language of the law and the State has hitherto unequivocally denounced, a class of laws are introduced which are wholly counter to the spirit OF THE Politic Objections. FUNCTIONS AND DUTIES OF THE STATE. 227 of all previous laws, and the obvious purpose of which Chap. Vll. is to remove hindrances from, and provide every kind of facilities for, the indulgence of vice. If this is not the purpose of the law, it is a suflB.cient condemnation of it that it needs, as has been already seen, lengthy and tortuous comments to remove the plain and natural impression which the language of the law, and the prominence of all the various institutions it calls into being, must inevitably, and does notoriously, convey to the uninstructed or unsophisticated citizen. It is as bad from many points of view that a law should seem to ninety-nine persons out of a hundred to be designed to favour immorality, as that it should, in fact, favour it. ' It is to be observed, in connection with this part of the subject that, for the future, and especially in such countries as England and the United States, if this system of licensed prostitution is to exist at all, it must be publicly legalised by national law and cannot be suffered to crouch away out of sight in the mys- terious recesses of irresponsible police regulations. In Continental countries public attention is now being awakened to the whole subject as never before, and the system must either justify itself in view of its inherent reasonableness and justice or must be aban- doned. It must stand the most searching investi- gation and discussion which can be given to it by representative legislative bodies, or it must entirely collapse. If it stands the test, it must, of course, be amended, enlarged, and translated into the language of national law. It is for this, indeed, that the chief writers and speakers at International Medical Con- gresses are eagerly longing ; and as there is no reason to suppose their belief in the system of licensed prosti- tution is feigned, they are bound to long for its utmost extension. How far, by the way, a skilful physician is Q 2 228 LAWS FOR THE REGULATION OF VICE. Chap. VIL any more likely, on the ground of his medical attain- ments, than the most inexpert private citizen to be a wise legislator may well be doubted. There is nothing indeed, which philanthropic doctors like better to con- cern themselves with than projected legislation, and they have a more honourable excuse than can be ex- tended to the pious clergymen who engage in rash BuBKE OH THE commercial investments. The words of Burke (Re- ricATioN OF flections on the French Revolution, edit. 1852, vol. Specialists jy^ p_ Q^'J) are apposite in this respect. " Their FOB jr CLITICS. , ^ . " very excellence in their peculiar lunctions may " be far from a qualification for others. It cannot " escape observation that when men are too much " confined to professional and faculty habits, and, " as it were, inveterate in the recurrent employ- " ment of that narrow circle, they are rather disabled " than qualified for whatever depends on the knowledge " of mankind, on experience in mixed affairs, on a " comprehensive, connected, view of the various, compli- " cated, external, and internal interests which go to the " formation of that multifarious thing called a State/' 11 Dangek II- Another principle of legislation which needs but ofPekma^ent ^q |jg stated to command general assent is that for th& FOR Teas- purpose of grappling with a mixed moral and physical siTOET viLs. g^jj^ j^ -g ujj^-^yj^gg jq Qg^\ jjj^Q being a complex mass of special concrete institutions which, by the manifold private interests they create, by the habits and modes of thought they familiarise and diffuse, and by their inherent fixity and inelasticity, give an artificial lon- gevity to the evil itself long beyond the time when the general circumstances around are concurrently tend- ing to make it insignificantly small. It is, no doubt, true tliat every law which constructs machinery for encountering a special and temporary evil is open to objection on this ground. The evil tends to vanish. The law keeps up the memory of it ; and the execution of the law often supplies occupation to officials and to FUNCTIONS AND DUTIES OF THE STATE. 229 other persons who are thereby interested in unnaturally Chap. Vil. prolonging the existence of the evil. The difficulty is inevitable, and is due to the unequal rate of progress of legislation and of moral sentiments or habits. A sense of this difficulty supplies a caution to legislators whenever they are devising measures for reducing .the conse- quences of evils which, in the nature of things, are constantly in course of diminution, and may one day entirely disappear. But in the class of legislation now being reviewed, Prostitution this inherent difficulty is voluntarily aggravated to the neouslt greatest possible extent. Prostitution and fornication Diminish. must, even under the most desponding views of the future of society, be looked upon as constantly dimin- ishing evils. That is to say, they must be regarded as likely to diminish at exactly the same rate as all the manifold causes of them against which it is the constant aim of society and of the State to contend diminish. Even those who delight most in speaking of vice as a " necessity " scarcely avow the doctrine that while ignorance decreases, while property becomes better distributed, while the conflict of capital and labour becomes reduced, and the problem of pauperism • approaches a solution, stiU exactly the same number of women, or a greater number, must unceasingly be sacrificed to the uncontrollable impulses of a propor- tionate number of men. No statesman, no social reformer, no honest citizen even — certainly no woman — would admit this for a moment, even as a specula- tive position. And yet it has been seen that the licensing system is built upon a highly complex body of laws and artificial institutions which cannot but operate so as to keep prostitution for ever up to its present point, or to increase it. How this is done has been shown abundantly in the former part of this treatise. The argument here is that, supposing all other circumstances in the country to be tending 230 LAWS FOE THE EEGULATION OF VICE. Chap. VII. towards the diminution of profligacy in men and women, the mere existence before the eyes of all men and women of so stupendous a mechanism, the sole purpose and meaning of which is to be found in the anticipated prevalence of a constant quantity of sexual vice cannot but sustain the existence of vice long after it, and the diseases attending it, would otherwise have become matters of very minute political moment. III. Obqa- III. If it be taken as a political maxim that the TiTUTioN ' State must make it a matter of its abiding endeavour Opposed TO ^q support the institution of Marriage and of Family Family Life. ,.„... ,, „ ,. . ,, ■, c / Life, it is a corollary irom this maxim that the otate must guard jealously against the rise — silent, and unsuspected as it may be — of any fixed institutions and habits which are hkely to compete with Marriage and Family Life, and, to the extent to which they prevail, to displace them. There is no doubt that habitual commerce with prostitutes does tend at some stages of society to take the place of life in the family. Many causes conduce to this, some of them less easily removeable than others, and none, or very few of them, to be directly reached by legislation. The State may be, at any particular moment, impotent to contend against the morbid outgrowth which threatens to destroy it. But the least it can do is to admit no institutions which seem, even in appearance, to coun- tenance the unnatural element within it. Still more is it at the peril of its own continued health if it does anything to organise, formulate, and invigorate that which menaces destruction of the main conditions on which its very existence depends. Unmitigated hos- tility is its only safe and possible attitude, if it would not nurse a cancer in its frame. It only needs the example of some foreign countries, as detailed in pre- vious chapters of this work, to show how readily laws and police regulations for the orderly management of sexual indulgence, and the physical protection of those FUNCTIONS AND DUTIES OF THE STATE. 231 ■who succumb to it, call forth a response from the Chap. vii. licentious cravings of the more loosely-strung portions of society. History, indeed, shows, what common sense might have anticipated, that merely repressive laws whether addressed to men and women alike, or, as has been most common, to women alone, are far too VT^eak to grapple with a strongly-fixed proclivity to vice ; and weak laws, by proclaiming their own im- potence, only add to the evil they affect to remedy. But there is no reason whatever why the State should pass to the opposite extreme and specially patronise and help flagitious men and women only because its laws are inefficacious directly to repress their jftofligacy. The State must cling determinedly to its own policy and support its own essential moral institutions, either ignoring, or waging a deadly war with, all that endea- vours to supplant them. Of course, when it is said the State should What is " ignore " certain practices, it is not meant (as is ™^orino sometimes unfairly imputed) that legislators are to Immoral shut their eyes to the immorality around them, or to the diseases and misery which that immorality causes. What is meant by "ignoring" these prac- tices is forbearing to legislate in any way which shows towards those who persist in them the slightest favour, protection, or privilege ; and not admitting for a moment that the practices themselves, in all their forms and however accomplished, are other than such as the law absolutely condemns, and only abstains (however reluctantly) from directly punishing because of its proved inability to do so with fairness and advantage. Every effort should be made to interrupt, to disappoint, to break up each incipient scheme for formulating habits of vice. Otherwise habit, the influ- ence of example, and the numerous interests which competition is sure to call forth, instead of co-operating with the essential institutions of society will gradually establish rival institutions in their place; and the 232 LAWS FOR THE REGULATION OF VICE. Chap. VII. demolition of these rivals will demand a far more onerous and prolonged labour than is implied in the mere repeal of a class of laws. rv. SuppoBT IV. Among the notions or institutions on the preva- AND Parental l^nt strength of which the well-being of the State, as Eesponsi- -jpeU as its facile administration, largely depends are BILITT o " ->■ those of conjugal and parental responsibility. There are, no doubt, cases in which it is now held insufficient wholly to rely on this assumed responsibility as a suffi- cient protection to those who, by reason of tender age or accidental disability, are unable to protect themselves. It is to mbet such cases that parents are in many modern countries, not only held bound, by legal penalties, to nurture, to vaccinate, and to educate their children, but have their children forcibly taken out of their hands for these purposes if they fail to comply with the law. Similarly husbands and wives are, in some few respects, legally compellable to perform the more obvious of their moral duties to each other. But in all these cases, though the law interferes with caution, and usually with reluctance, the direct purpose and natural resialt is t6 strengthen the general sense of parental and conjugal responsibility and not to weaken it ; to punish breaches of parental and conjugal duty and not to connive at them. It is an extraordinary and whoUy anomalous plea made for the system of licensed prostitution that the State is bound to protect wives and children from vene- real disease by contributing public money to provide openings for safe indulgence on the part of their vicious husbands or fathers. In a former part of this work it was shown that even were the principle admitted, yet a com- petition, at least, of claim would arise between the wives and children of the profligate men and the countless female relatives of honest citizens in humbler walks of life, on whom the whole burden of the system of licensed prostitution immediately and solely falls. But the / FUNCTIONS AND DUTIES OF THE STATE. 233 political principle contended for is wholly untenable. Chap. VII. There is one way only in which, besides freely granting divorce and monetary compensation, the State can come to the succour of the wives and children of pro- fligate men, and that is by treating the voluntary com- munication of disease as a penal offence. If there are — as there seem to be — insuperable judicial difficulties in resorting to this measure, it is no excuse for the State conspiring with evil doers and employing public money in order to carry the conspiracy into effect. The cir- cumstances are indeed most lamentable, as is all cruelty and heartless brutality. But the power of the State is limited in grappling with detailed miseries, and because it cannot do good, it is no reason that it should, in desperation, resolve or consent to do evil. V. There are other political principles to a greater v. Inequality OF THE Laws. or less extent infringed by the system of licensed °^ these prostitution to which attention has yet distinctly to be called. One of these principles is that in endeavouring to stem some of the consequences of an admitted moral offence in which a man and a woman are, from the nature of the case, equally sharers, it is a gross scandal to the sense of public justice to make all the burden of its measures fall upon the women and to attempt to confer only benefit (such as it is) upon the men. No doubt all kinds of reasons, apologies, and excuses are readily forthcoming for this course, and the best answer given by some is that they are ready to place men in exactly the same category as women, and to subject them to police control and periodical examination equally with women. It is evident, however, that this is a mere rhetorical device, and so long as the social and economical relations to each other of men and women remain un- altered, only the poorer offenders will be grouped as a class and surgically examined for the service of the richer. When these relations are altered, women, at least, will finally cease to resort to such a means of earning 234 LAWS FOE THE EEGULATION OF VICE. Chap. VII. a livelihood. But were all the apologies and excuses as ' good as they are worthless, the fact would remain that as things now are, half the ofl'enders against a moral law which the State, at least, affects to regards as abso- lutely and equally binding on all alike, derive new im- munities and advantages in the commission of the oflFence while the other half undergo the most serious loss of personal liberty, are exposed to a repulsive form of surgical assault, and are placed under a penal discipline to which all other persons in the community, including their male companions in guilt, are wholly strangers. VI. Veneeeal VI. Lastly, it has been established in a former chapter OF AIL TO BE that if pubHc money is to be expended in the cure of ExoEP- disease, there can be no shadow of excuse for the State TTONALLT ' Favouebd. selecting for the application of such relief the only class of disease which, as a rule, every one can keep away from himself and his belongings if he chooses ; which, as a rule, no one can contract without, at the moment of contracting it, voluntarily disobeying what ought to be the plain injunctions of the law; and which has such an intimate connection with immoral acts as to make the systematic and public provision for curing it very hard or impossible to perform without giving a proportionate impulse to vice. This subject has, how- ever, been fully discussed in the chapter on " Hospitals." Whbtheethe If then the ground be so far cleared as to make it State can do," . ANTTHiNo. plain what the btate cannot and must not do in remedy- ing the evil and the diseases of profligacy and prosti- tution, the question is natiu-ally asked whether the State can possibly do anything and, if so, what. There is no room now-a-days for the exploded notion that those diseases are not to be treated or cured which have, mostly, had an origin in sin ; and still less for the cruel dogma of some fashionable circles that of all offenders against the moral and legal code, the poor prostitute alone is not to be so much as mentioned, and still less FtJKCTIONS AND DITTIES OF THE STATE. 235 to have her share of earnest philanthropic attention. Chap. Vll. There is room, however, for the introduction of a thought ■which has been hitherto all but absent, that the seducer, the persistent trampler on the woman who is down, the rich who tempts the poor should come in for their share of public attention. It must be confessed at the outset of the inquiry that No Empimoai. the general evils to be remedied, so far as they exist in possible. any nation, are far too deeply implicated with the whole moral and social circumstances of the nation, and are too exact an expression of all the legal inequalities and hardships that prevail in it, for them to be removed by a single class of empirical legislative measures. It is at this very point that the medical advocates of licensed prostitution are at direct issue with their opponents. The former say thatthe diseases consequent on profligacy can be separated from the profligacy itself and assaulted by State agency of a distinct and definite kind. They further hold that even if it be true that the measures resorted to have the efiect of stimulating profligacy on . the whole, yet this sort of disadvantage is fully com- pensated by the material benefits procured in the re- duction of disease. Their opponents, on the other hand, hold that if a choice must be made between a reduction in disease and a reduction in general vice, the latter object must take precedence over the former ; but they also urge that the only sound and truly natural mode of approaching the v^hole subject with a view to legis- lation is to regard the moral and the physical evil as from the first inseparable and, while casting about for the best methods of healing both, closing with none which affects to remedy one of them — and that, the least momentous of the two, the physical evil — while increas- ing, fostering and organising in perpetuity the other of them. According to this view, both evils must be en- countered at once, and in such a way as, on the whole, to favour the gradual disappearance of both, though perhaps not with an equal degree of rapidity. This 236 LAWS FOE THE REGULATION OF "VICE. Chap. VII. position, of course, makes the question of wise legis- lation on the subject a far more arduous one for the opponents of licensed prostitution than for its advo- cates, though the difficulties are inherent in the com- plexity of the subject-matter concerned. Pbot'essed There are three distinct aims usually professed to be Aims. kept in view by legislators on this subject, though they attach a very different degree of value to one or another of their aims. One is the general reduction of profligacy both in men and in women; another is the recovery to a virtuous life of individual profligates ; a third is the restriction and diminution of the diseases consequent on profligacy. Most Of the fallacious reasoning on all sides of this question comes from outwardly professing to re- cognise the equal claims of all these objects while really sacrificing two of them to the third, or one of them to the other two. That the medical supporters of the system of licensed prostitution are largely guilty of this faulty reasoning has been sufficiently shown in the course of this work. It has been pointed out again and again that, though this class of supporters have always drawn attention to any superficial benefits to outward morality which might seem fairly attributable to their system, yet where the policy of restricting profligacy and restricting disease come into conflict, they invari- ably prefer the claims of the latter policy to those of the former. It has also fuUy been shown that if the system of licensed prostitution is logically worked from the strictly medical point of view, the general aim of those who work it must be to enlarge to the utmost bounds the circle of professed prostitutes, to put the utmost obstacles in the way of their partial and fitful attempts to give up the life, and to bind women to that life and to the surgical examinations it presupposes for the longest possible time and by the severest penal sanctions. So far as the police or other officials are believed to concern themselves in checking registration FUNCTIONS AND DUTIES OF THE STATE. 237 and in facilitating dismissal from the register, they are Chap. Vll. apparently doing their utmost to obstruct the designs of the doctors, and to counteract the real purposes of the law. As to male profligacy, even the most sanguine and eloquent of the defenders of the system do not profess that the system does anything but impart to it a direct, enormous, and unceasing, stimulus. But it is not only medical supporters of the system Value of the ■1 • J? J.1 1. r • X 1 1 Instances of who reason imperiectJy by professing to keep several eepokted ends equally in view and really sacrificing all but one Ebpoema- 1,1 ,1 , m? • TIONS. or two ends to that one or to those two. i here are pious but narrow-minded philanthropists who, by fixing their exclusive attention on the reformation of individual pros- titutes, wholly neglect to attend to the fact that occasional reformations would be (if made) dearly purchased by a system, the very purpose of which is to manufacture as many professed prostitutes as possible, to organise them as a well-drilled and clearly recognisable class, and to bind them to their life by the double bond of associa- tion in an employment regulated with the routine of a factory and of common subjection to a special system of arbitrary police control. Whether all the reports of individual reformations under the system, as it exists in England and in other countries, are true or not, it is highly probable that some such take place, as they must, under any system ; and it is still more pro- bable that where they do take place they will be held by some persons to be attributable to the benevolent operation of the system and not to have occurred in spite of it. But if the truth of every case of alleged reformation were instantly accepted, this would not affect the condemnation of the system on purely moral grounds one iota. If the general policy is to facilitate and connive at male vice, and to force women who are verging on a life of prostitution to register themselves without further delay, and to keep on the books those who by a sudden fit of repentance or change of fortune might wish, on the instant, to leave 238 LAWS FOR THE REGULATION OF VICE. Chap, vil the life for ever ; if this is what the system steadily tends to bring about, it is quite absurd to attribute to it, on the enumeration of specific cases of individual recoveries, habitual success in attaining two of the ends above mentioned, that of generally reducing profligacy and generally favouring individual reformation. Measdkes It appears then that in order to attain either or all England. ^^^ above-mentioned ends at once, or at least one or other of them without sacrificing the other ends, legis- lation must be cautious and well-distributed rather than bold and empirical. Of more general remedies Akmy Keoon- applicable to England, the reconstruction of the army axBucTioN. ^^ ^ basis which favours, instead of discouraging, mar- riage, and which secures the recruiting from a higher type of men than hitherto, and shortens the period of service, will gradually be found to meet one part of the difiiculty ; while similar improvements in the organisa- tion of the navy and — so far as law can achieve it — in the merchant service, coupled with the institution of Sailors' wisely-planned sailors' homes, and the preservation of Homes. strict order in seaport towns, will co-operate in the same direction. Another part of the difficulty will be met Inokeased by giving increased powers both to the police and to g°^ggjj°^ respectable inhabitants — who will thus check each OF Beothels. other — to put down all lodging-houses so soon as they exhibit signs of becoming brothels. This will require a reconstruction of local acts now in force in some of the chief towns, and their extension all over the country. Abkest or The absolute suppression of juvenile prostitution and Peostitdtion. profligacy in boys and girls, and the rigid preservation Deoenot in of public order and decency in the streets, whether ft be iHE Stkeets. yioiated by men or women, by a more effective police force and better regulations than are found in many towns at present, are also remedies which obviously suggest themselves. The objections to Government hospitals or wards in hospitals for venereal diseases have been consi- FUNCTIONS AND DUTIES OF THE STATE. 239 dered in a former chapter ; but there is no objection Chap. Vll. to the State bringing any administrative or legal opening of influence it can avail itself of to insist that, in the Gbnehal case of all endowed hospitals, not established for venereal some one special complaint, no applicant shall be ex- Complaints. eluded simply on the ground of the character of his or her disease. This would do something not only to open existing hospitals but to do away with a cruel and mis- chievous prejudice. As to reformatories and other insti- tutions of their nature, it is not clear how law can show them any more favour than it shows to charitable insti- tutions existing for a vast variety of excellent purposes. A great amount of difference of opinion among expe- Attittoe rienced persons exists as to the mode of organising and j^^q^^^. managing them, and it would be a matter for regret at matokies. present if any one tentative mode obtained a permanent advantage over all the others bysecuringthe patronage of the State. It is further very undesirable to give them any public prominence, as they tend to keep up the notion that prostitute women are a class quite apart from the rest of the population in a sense in which the men who habitually consort with them are not. This notion, as has been abundantly seen, tends to reproduce the very evil it describes, and it should be the object of a recon- structed policy wholly to ignore and repudiate it. These suggestions mark the line which a prudent and morally safe policy in respect of sexual vice might take in this country. Fortunately, in England, the system of licensed prostitution has, as yet, taken such a comparatively weak hold, and is so counter to the most deeply fixed political institutions that it could be giveh up with a very slight wrench of the social fabric. On the Continent, on the other hand, the system is so deeply implicated with the very notion of police admin- istration, and has entered so profoundly into the life and conceptions of large classes of the people that the strain of changing the policy of more than a hundred years may be expected to be of the intensest kind. 2-40 LAWS FOE THE REGULATION OF VICE. Chaf. yii. That it will, however, be successfully encountered there are already in one country and in another signs of the most unmistakeable kind. The attitude which an intelligent foreigner, well conversant with the licensing system and familiar with political modes of thought, already assumes towards principles of State regulation of vice in all their mani- festations may be learnt from the speech of M. E. de Pressense at a Conference held in London on the subject, on May 19th, 1876. M. E. de Pressense had been Deputy for the Department of the Seine, and had also served on a special Commission of Inquiry into the condition of the Hospital of St. Lazare, the chief " certified hospital " under the system at Paris. The following extracts from the speech are worth citing, especially in order to contrast the clear concep- tion of the moral duties of the State, as formulated by the best Continental thinkers and practical statesmen, with the cloudy and hesitating notions of political responsibility in moral matters which sometimes per- vade the utterances of leading members of the English House of Commons. He said : " I bring you the testimony of my personal " conviction recently formed upon this great question. " I shall not enter into the details of your English " legislation : I have not occupied myself with it, and " I content myself with saying that I am convinced " that it is not possible to stand still in such legislation. " We mu.st either go back or advance. It is a logical " necessity which it is impossible to escape. * * * '' In our large cities a great trade in immortal beings " is carried on. Who conducts it? That is the ques- " tion. Wherever a system of sanitary laws concerning " prostitution exists, as in France, I say it is the State " which carries on this trade in the souls and bodies of " human beings. It is the State which guarantees and " patents it. I admit that this is not done with the " object of directly encouraging immorality. I ac- FUNCTIONS AND DUTIES OF THE STATE. 241 " knowledge that the question is a very complex one, Chap. Vll. " and I cast a stone at no one. There are many whom m. e. Dh "I respect who have fallen into the error which 1^31X11°" " combat, and I know that it is not in order to main- FnNOTioNs op " tain immorality that they countenance this trade, " but rather, as they think, to maintain public health " and security. Let me say, first, that the fact of the " State holding this market for debauchery is suffi- " cient to destroy the very idea of a State, whatever " view of the State you may take. WeU, I ask, can a " State represent law, can it represent justice, when it " patents and recognises vice under its most hideous " form ? It is because a sentiment has been awakened " of the true notion of a State, that the State no longer " farms out the gaming tables which were formerly " established under its protection. Shall not that " which is true of gambling be held to be true of " debauchery ? There is an institution of the State to " which we hold fast on the Continent as a safeguard " of liberty of conscience — I mean civil marriage, " which permits persons to marry without being forced " to enter the married state through this or that Church. " The State, when it authorises and presides at a " marriage, fulfils a high magisterial function. Well, I " say, it does not seem to me possible that the State " can recognise at the same time marriage and prosti- " tution. Such a thing is an entire overturning of the " notion of a State. I add that the State ought to " defend right and justice, but conformably to the law, " and giving protection to individual liberty. It is a " well known axiom that it is the duty of those who " defend the right by the sword to guarantee individual " freedom ; without such a guarantee the State is " despotic. The liberty of citizens ought to depend, " not on the administration, but on the magistracy. " What I complain of is that under the system of " sanitary organisation existing in my own country, E 24:2 LAWS FOR THE EEGULATION OF VICE. Chap. VII. " a crowd of unhappy creatures are taken from the M. E. De " protection of law and justice, and handed over to the Pbebsens^ " arbitrary decisions of the police. I say that is a " violation of the true principle of the State. In " times of revolution this is called the regime of public " safety, intended to save the country by violating law. " You come to us with a measure intended to promote " the public welfare, a measure which suppresses law " for the pretended interests of the State. Let me ask " whom is it you design to save ? Certainly, it is not " the ivoman, who is the necessary victim of your " system. No, you do not save the woman by your " pitiless mechanism. You wish to save the young " man. You wish to save his body. You speak not " of his soul, and you are right. Do you save him in " his body ? You do not. Even here your system " utterly fails. I cannot enter into details. I can but " indicate the fact, and I say it is certain, even from " the documents which have been furnished by the " partisans of the system themselves, that the evil " which they desire to prevent increases every day. " For one victim that comes under your observation, " there are thousands who escape you, and your mea- " sures of protection are useless. You cannot carry " out your system, and up to the present time it has " miserably failed. How could it be otherwise ? You " would regulate vice, but it is of the essence of vice to " refuse to be regulated. Vice violates moral law, and " you may expect it will transgress human rules. It " is like a mighty river that has overflown its banks. " It is a torrent whose fury you cannot arrest. You " cannot say, 'Thus far shalt thou go and no farther.' " It mocks at aU your regulations. In my native city, " which I have the honour to represent, it is certain " that since these regulations have been in existence " vice has increased in a truly frightful proportion. <' Do you know what you are doing ? You facilitate FUNCTIONS AND DUTIES OF THE STATE. 243 " the first steps to vice. You make young men all Char Vll. " over the country believe that debauchery at a certain ;^_ ^ pj, " age is a natural law, a law which the State recog- Pmssens]^. " nises ; and thus you make the State the tempter of " the young man. In facilitating these first steps, you " favour public immorality ; for the patented evil has " its recognised place in human legislation. * * * " Permit me, in conclusion, to say a word about women. " The partisans of the system which we denounce, " say : — ' These measures by which we defend our- " ' selves against the public danger, after all, only " ' apply to the infamous creatures who sell themselves, " ' and who have put themselves beyond the pale of " ' the law and of society. They are but the dirt of " ' the streets.' Now, I do not overlook the abomi- " nation of paid debauchery. It is abominable ; but I " maintain that there are distinctions to be made. " Read the statistics which have been prepared by the " most competent, and you will find that there are " young girls of 16, 17, and 18, there are mere " children, who have been seduced and abandoned, " and thus driven to the streets. Prostitution is a " drama in three acts. The first act is seduction, the " second act is the house of ill-fame, and the third is " the street. Have you no pity for these victims? " Will you ihrow on them the last shovelful of earth, " and hurl them to the bottom of the abyss ? Yes, " the vice which sells itself is abominable ; what then " must we say of those who buy it ? * * * " There is a house at Paris where the results of all " these abominations may be seen — the women's prison. " of St. Lazare. There you may see these unhappy " creatures — the young, who have but followed the " paths of their elders in profligacy. Frightful cor- " ruption abounds. The administration does what it " can in Christian charity ; but vice replies, ' I am at " ' home here.' It is the citadel of prostitution. We R 2 244 LAWS FOR THE EEGULATION OF VICE. Chap. VII. " must destroy it, bring it to the ground stone by " stone, as our fathers demolished the Bastille." There is no doubt that the abstract conception of the State and of its duties is somewhat alien to English modes of thought, even at their best ; and it is true that the experimental methods of English politics have proved a safeguard against many dangers with which Continental statesmen are only too familiar. But even though the word State has no special magic for English ears, yet there are fixed principles of government cherished by English citizens which are established by inductions of the widest sort, and fortified by practical experience renewed every day, and yet almost as old as the English nation itself. When an Englishman speaks of the British Constitution, it is a reality, and not a figment of the fancy which he has before him. It is a reality tested and guaranteed by an unparalleled re- cord of national viccissitudes. It stands forth as at once the product, the creator, and the crown of private right, public virtue, equal laws, and equal justice. It marks an impassable line beyond which no experimental theorist will be allowed to pass unchal- lenged, or the most seductive debater to treat otherwise than as the " pomcerium" or holy ground which en- compasses the city on every side. CONCLUSION. 245 CHAPTER VIII. CONCLUSION. It may be convenient to the reader to give a brief re- Chap. vllI. trospective view of the lines of argument which have been pursued in the previous chapters, and to indi- cate the conclusions which have been reached. It appears that, for a long time past, the sexual irre- Classifica- gularities which have manifested themselves in the ^ bb Keme- leading cities of Europe and other centres of dense popu- "™'°' lation, have expressed themselves in certain manifest evils which have, at different times, and in different degrees, attracted the attention of Governments. These evils may be briefly classed as (1) the diffusion and alarming increase of disease ; (2) the corruption of the young of both sexes and of society at large ; and (3) the utter demoralisation and abandonment of the women who, through necessitous circumstances, are induced to satisfy the demand for vice by a debasing and monstrous traffic. There is, probably, no one who has bestowed serious attention on the subject who is blind or indifferent to the existence of every one of these evils; or who would willingly adopt measures which might effectually grapple with any one of them at the price of aggravating the rest ; or who would not prefer, among a series of proposed measures, that one which would address itself most hopefully to all the evils at once. In estimating, then, the political value of any measures which it is open to Governments to adopt, their probable bearing on all the evils calling 246 LAWS FOB THE EEGULATION OF VICE. Chap. VIII. Conditions TO BE Satis- pied ET AN Effective Kkmedial System. Four codkses of Action open. for remedy, and not only on one or two of them, at the expense (it might be) of the remainder, must always be kept in view. This canon of measurement is, indeed, practically adopted in outward form both by the lead- ing foreign writers on the subject, and by the states- men who discuss it from time to time in the House of Commons. It is generally and openly announced that, unless an existing or proposed remedial system can be proved at at once (1) to restrict and mitigate disease ; (2) to promote morality throughout the community, and especially among the young ; and (3) to advance the true moral welfare, and favour at all points the moral recovery, of the women who are the chief victims of vice, no civilised country can adopt, or retain that system. This is the clearly ascertained standard by which every measure must (it is admitted) be and is, in outward form, habitually tried. Health, public morality, and personal reformation, are three objects no one of which can be permanently sacrificed to the rest, and which the statesman as well as the philanthropist is bound to regard as of co-equal moment. Of course, in selecting among rival measures with equal pre- tensions otherwise, as in all other cases of choosing political machinery, that is to be generally preferred which, in its execution, involves the least sacrifice of personal liberty, and no measure, however seemingly advantageous otherwise, can be adopted which involves a sacrifice of personal liberty not reconcilable with the fixed political institutions of the country concerned. There are four courses of action, and, as it would seem, four courses only, which are open to the states- man in reference to the evils under discussion. There is first the adoption of a severe penal system for the absolute suppression of sexual irregularities. This has been attempted in some countries and is well known to have invariably i:^roved a failure in every respect. CONCLUSION. 247 The narrative of these abortive efforts is one of the Chap. viil. most curious and instructive chapters in social history. There is, secondly, the adoption of a system of abso- lute abstention from direct legal interference of any sort. This was, up to the year 1864, very nearly the policy pursued in England ; though, as has been seen, provisions had been made both by Common Law and by Statute, and especially by Local Acts of Parliament in some of the chief towns of the country, for a departure from this policy. There is, thirdly, the adoption of a licensing and regulation system, such as has been the chief topic of the previous chapters. There is, fourthly and lastly, the adoption of a system which, while by no means neglecting the evils to be remedied, treats them as far too complex to admit of a safe empirical treatment by any cut-and-dried medical, police, or other organisation ; and which, while providing by just and wisely-adapted legislation for a correction of such patent evils as are properly within the reach of law, trusts mainly to a gradual improve- ment — whether brought about by legislation or by other modes — of general social conditions for a removal of the true causes of a class of evils which are, in fact, the last expression and outcome of all the moral infir- mities and harsh inequalities with which a luxurious society is afflicted. Such a system would above all rest on the tacit assumption and public profession of the supreme ascendency of the moral law of purity, and on the absolute claims it possesses on the equal allegiance of every man and woman. It has been seen that the system which mainly pre- The vails in the chief cities of Europe in the present day iJa™^'*'* is the third of the possible systems here adverted to, that of licensing, regulating, and protecting vice. It has recently been partially imported into England, and, curiously enough, at the very time that it is beginning to be smitten with the blight of distrust, scepticism, 248 LAWS FOR THE REGULATION OF VICE. Chap. VIII. and general unpopularity abroad. Indeed, there is not a single country of Europe where the system has long and notoriously flourished in which the most serious complaints of it are not being, at the present moment (Jan., 1877), made in authoritative quarters, and widespread popular movements taking place, with a view to abolish it. Value as a Qf course, the most prominent question, though by Sanitam ' ^ \ J. -u- I Agency. no means the only or most important one, to which the licensing system gives rise is that of its value as a purely sanitary agency. It is on sanitary grounds that it has been introduced and is mainly defended, and, if it could no longer be maintained on these grounds, it would probably not be thought worth while to persist in its maintenance on any other grounds. The extent and nature of the diseases under consi- deration, the possibility of detecting their presence by surgical processes, and the benefit to be expected from bringing diseased persons under treatment and forcibly detaining them under it, are questions on which medi- cal experts are entitled to an authoritative opinion, and the most that other persons are entitled to contri- bute to this part of the controversy is to note any inconsistences to which individual medical witnesses may commit themselves or discrepancies which their aggregate testimony may disclose. Fdnotions of But when medical experts, having formulated their ExpsKTs. opinion on the topics which appropriately belong to them, invite and recommend special legislation, they can no longer claim any exemption from criticism on the ground of exclusive acquirements, and must fortify their position by the same kind of arguments as those of which every other member of the community can alone avail himself. It appears then that in many countries of Europe, and recently in England, a class of medical experts who have pronounced views, whether rightly or wrongly CONCLUSION. 249 founded, on the prevalence and national danger of Chap. VIII. venereal diseases, on the possibility of their detection, and on the advantages of special modes of treatment, have succeeded in converting a vast amount of legal and police machinery to the purpose of giving practical effect to their views. They have succeeded in creating, either by Statute, or by municipal or police regulation, a vast organisation which has for its immediate and prominent, if not its exclusive, object, the calling into legal existence of a class of women which shall be large enough to include every woman who may per- chance disseminate disease ; which shall be under assid- uous police, medical, and (if needed) hospital control ; every member of which shall be guaranteed by the State as safe for hire ; and no member of which can leave the class except by the assent of the police. Now, apart from all controversy with respect to the value of the medical theories which are at the root of this system, and from all dispute either about such minor results]^ of the existing system as are capable of being dressed in a statistical form, or about alleged accidental abuses of a preventable sort, there are some aspects of this system which are plain on the face of it and which it. needs only a full description of the system itself to bring into the clearest possible view. It is the discovery of these aspects which has been the main purpose of the previous chapters, and the general results seem to be as follows : — 1. The medical theory on which the system rests l- The Class demands that the class of registered women be made iuclus: as inclusive as possible, and that the criterion for Possible admission to the class and retention within it be not a woman's moral antecedents or moral prospects, but her liability to communicate disease. No doubt there are a vast number of women who would be included in the registered class, whichever criterion was taken. But, beyond the limits within which classification is MUST BE A3 irVE AS 250 LAWS FOS THE BEGULATION OF VICE. Chap. VIIL gasy and simple, the sanitary zealot and the philan- Sanitaet and thropist are pursuing directly opposite lines of policy. Tm^MAiMs-^^°'" *^® sanitary point of view all doubtful cases MADE Incom- must be included. From the moral point of view all PATiBLE. these must be excluded. From the sanitary point of view the class, when constructed, must be kept rigidly compact and drilled at all points for purposes of easy surveillance and manipulation. From the moral and reformatory point of view all formal assortment and habitual association with each other on the part of registered women raise so many obstacles to individual recovery and directly tend to promote an almost hope- less condition of demoralisation. Lastly, from the sanitary point of view, the presumption must almost be against the expediency of dismissing a woman from the register. Indeed all kinds of obstacles must be placed in the way of her accidental escape. From the moral point of view, the presumption must always be in favour of dismissal, and her path to a better life cannot be made too easy and directly accessible. It has been already seen in an early chapter of this work* that, even from the point of view of public liberty, the conflicting claims of alleged sanitary science and of ad- ministrative necessities are so hard to reconcile that the Parisian police and certain French doctors have en- tered on a somewhat violent personal controversy, as to what might, and what ought, to be done. M. Lecour, in fact, gives up as hopeless the attempt to carry out the true medical theory with any degree of complete- ness. It is confessed that in large cities like Paris and Berlin, even with the utmost official resoluteness, only a small proportion of the women actually practising prostitution are ever registered ; that hundreds fre- quently escape from the register by their own efforts every year; and that an amount and virulence of disease is to be found in those cities wholly unknown elsewhere, and which renders one of them the habitual * p. 32. CONCLUSION. 251 resort of medical students in search of exceptional Chap. Vlii. opportunities of studying this class of complaints. ~ 2. There are two modes of bringing a woman 2. Effects op upon the register ; one, by a more" or less formal ^°°ajj^^ and more or less public judicial enquiry ; the other, tion. by a confidential transaction conducted between the woman and a police agent in which the woman's formal acquiescence is obtained, extorted, or simu- lated. It has been seen, by reference to all the most authoritative writers on the subject and to the text of the laws and regulations actually in use, that the main reliance for filling the register is placed upon the latter mode and not the former. Even in England it appears that ninety per cent, of the women are brought upon the register by this affected " voluntary " submission." In spite of some hesitation and con- stitutional reluctance on the part of certain writers they are all unanimous in holding that the register could never be replenished up to the point which even a plausible compliance with the medical theory demands by any other methods than by those of suspending guarantees for public liberty loyally cherished in all constitutionally governed countries, and of giving powers to the police which must be indefinite and practically irresponsible. It appears from an exami- nation of the laws and regulations themselves that such powers are in fact invariably conferred on the police ; that the exercise of these powers, even when free from abuse, must press hardly and cruelly on the women who are the intended subjects of them ; that it cannot but frequently press with disastrous and irremediable severity on women who are not the intended subjects of them ; and that whereas, — like all other powers, — they are liable to abuse, the abuses are here so much the worse in comparison with the abuses of powers given by other parts of the law that 252 LAWS FOB THE EEGT7LATION OF VICE. CaAP. VIII. the powers are in this case exercised in secret, and the most strained efforts are miide to prevent an appeal to a superior Court of Justice. 3. Patbonaob 3. The most confessedly odious part of the system is ofBeothelb. ^^^ patronage avowedly or implicitly bestowed upon persons who subsist by providing houses and rooms for purposes of prostitution, by keeping up a monstrous international trade for the purpose of supplying the market of vice, and by facilitating vice in every way that a loathsome and avaricious imagination can sug- gest. In some countries it has been seen that the practice of openly licensing brothels has been aban- doned or is on the verge of being abandoned. In England much credit has been taken by the defenders of the system for abstention from any further legal recognition of brothels than by laying the " manager " or "assistant" manager under special liabilities if he harbours these women. What this defence is good for has been examined at length. In other countries, again, among which are English dependencies, it has been seen that the public licensing of houses for pur- poses of prostitution and the internal organization of these houses is one of the most prominent and vaunted parts of the system. It is transparent, indeed, that the public recognition of these houses largely facilitates the operations of the police ; that it casts the responsibility of compliance with- medical and police requirements upon a few well-ascertained persons interested in re- taining the favour of the public authorities instead of diffusing it among an indefinite number of persons notoriously insusceptible of control ; and that it econo- mises to the utmost the labours of the surgeons, police, or other oflGlcials concerned. There are thus the strongest inducements, from one point of view, to create and maintain the practice of licensing brothels, if the system of licensing and regulating vice is to be supported at all. It has been seen that even where public CONCLUSION. 253 policy or public taste is averse, as in England and Chap. VIII. at intermittent intervals in Germany, to the express and public licensing of brothels, a spontaneous and practical licence of these houses, effected by the police for their own convenience, necessarily springs up. Those keepers of the houses who co-operate with the police are protected and thereby encouraged. The rest continue liable to the penalties of the ordinary law. The dreary story of the amicable relations exist- ing in England between the Metropolitan police and brothel keepers is told at length in the evidence pro- duced before the Eoyal Commission which has been already cited. (Chap. IV.) 4. If the system could be defended at any point, it 4. Imldenob might have been expected that the provision and main- pfE™Hos™^" tenance of free public hospitals for the cure of disease tals. would have been that stronghold. But this expectation vanishes when it appears that a w, „ 5 „ „ 14 50 )i !> 6 „ „ 15 50 >' » 7 „ ,, 16 50 one franc more for each additional woman in the case of the two last classes. The keepers of accommodation houses will pay monthly : Those of the 1st class fr. 25 00 £1 ,. 2nd „ ^^ 15 00 " 3rd „ „ 5 00 These payments must be made in the same way as those to be made by the brothel keepers. BRUSSELS. 269 Section III. — General Police Regulations. 33. Common women are expressly forbidden — 1" To go out in an indecent or an intoxicated condition. Appendix. 2° To exhibit themselves at the doors and windows of their q-eneeai, Ee- hoTlSeS. aULATIONS. 3° To stop and form themselves into groups in the streets or in public spaces and promenades. 4° To commit any sort of scandalous act in a public thoroughfare, or to allow obscene proposals to be made there. 5° To accost or to follow men in a public thoroughfare, or to invite them to their houses, even by signs. 6° To walk up and down in the Park. 7° To be found in a public thoroughfare after the bell has sounded for retiring {aprhs la cloche de retraite). And 8° to occupy at theatres, circuses, concerts, or public entertainments, any other place than those assigned them by the police. Sanitary Regulations. 34. Common women wiU be subject to two sanitary exa- Sanitaet Ke- minations a week.* gulations. A woman at large who appears punctually for four conse- cutive weeks will be entirely discharged from liability to pay the tax. A woman who is unpunctual wiU be liable to pay a double tax for each offence ; she may, further, be sentenced to imprisonment from one to five days. 35. Women attached to brothels of the first and second classes will be medically examined at home, unless the College of Burgomaster and Aldermen otherwise directs. * At the International Hygienic Congress held at Brussels in October 1876, Dr. Janssens, head of the Brussels Dispensary, spoke of the results obtained in the brothels of that city where " the examinations took place erery day " {la visite est journaliere). See Le BvMetin Continental, Oct. 1876, p. 88. 270 LAWS FOR THE EEQULATION OF VICE. Appendix. Women attached to brothels of the tliiid class and women Sanitakt Ke. ^* large will be examined in the dispensary assigned for the GULATioNS. purpose. Nevertheless ■women at large may, if they please, be examined at their own homes, provided they pay at once the price of four examinations, at the rate of a franc for each examination, the usual payment being therein included. 36. The dispensary offices will be open every day, with the exception of Sundays and f^te days, from nine in the morning till three in the afternoon. The sanitary examinations will take place from eleven in the morning till two in the afternoon. 37. The Sanitary Department (service) will be provi- sionally entrusted to three doctors ; two of these, who have to conduct the examinations, will be termed " Medical Inspec- tors ;'' the third will be styled " Controlling Inspector." 38. The doctors who are charged with the sanitary duties must on all occasions, and in respect of all persons, perform their task ; if it is impossible, they must make arrangements, with the assent of the CoUege of Burgomaster and Aldermen, for substitutes being provided. 39. The Medical Inspectors will undertake alternatively fur a month, one of them, the attendance on women at large, the other of them, that of women attached to a house. 40. The doctor who has to attend on women at large must be present at the dispensary every day from eleven o'clock in the morning till two iu the afternoon in order to conduct the ordinary and extra-ordinary examination of women who may present themselves. 41. The Controlling Inspector must satisfy himself by counter-visits made, at least, once a fortnight, that the examinations have been made with all the care that the public health claims. He must daily watch over the examinations made at the dispensary, and correspond with the CoUege on all adminis- trative matters. 42. Doctors are expressly forbidden to receive any pay- ment or emolument ia respect of their sanitary functions, BEUSSELS. 271 either from the keepers of brothels or accommodation houses Appendix. or from common women. They are also forbidden to tend at their homes brothel Sanitaby Ke- keepers, their servants, or the women on the premises, under gdlations. whatever malady they may be suffering. 43. The doctor must mark on the ticket of common women the day and hour of every examination. He win, further, keep note on the registers deposited at the dispensary and at every brothel of the condition of every woman examined, whether healthy, diseased, or doubtful, and also of all breaches of the sanitary regulations. These declarations must be authenticated by the doctor's signature. 44. Any woman found to be affected with a syphilitic, or with any other contagious, disease must be at once sent to be put under treatment. If any woman's case is doubtful she must be sent to be put under observation tUl her condition of health or of disease is clearly established. 45. So soon as the cure of a common woman is complete enough to entitle her to go abroad, she will be at once set at liberty. Her former ticket wiU be returned to her unless she prefers taking out a new one. 46. Common women and the keepers of brothels and ac- commodation houses are bound to obey the orders of the doctors. Those who insult the doctors in any manner whatever may be arrested at once and taken before a police officer ; they will be punished in conformity with the provisions in Article 49. Any prostitute convicted of resorting to any ntse or fraud to deceive the doctors as to her state of health will incur the highest penalty which can be inflicted by the police. 47. Keepers of brothels are responsible for the punctual attendance at the medical examinations of women under their control. 48. Keepers of brothels and of accommodation houses must conform to the directions laid down by the College of Burgo- master and Aldermen, in respect of precautionary measures 272 LAWS FOR THE REGULATION OF VICE. Appendix, for the protection iDotli of the women and of those who are admitted to their company. .SBCTioiSf X. — Penalties. Penalties. 49. Independently of, and without prejudice to, the penalties imposed by the Penal Code and by general and local police laws and regulations, breaches of these present regula- tions wUl be punished by a fine of from fr. 5 to fr. 15 or by imprisonment of from one to five days, or by such fine and imprisonment cumulatively, according to the circumstances and gravity of the case. Ill case of relapse the heaviest and the cumulative penalty will always' be imposed. Further, the College may always suspend or revoke the order by force of which the brothel or accommodation house is tolerated. Section VI. — General Directions. Gener^u:, 50. The present regulation is to be published and placarded DlHECTIONS. .., ,1 , J} v.- with the customary tormauties. Copies of it are to be forwarded to the permanent Com- mittee of the Provincial Council for their approval, and to the offices of the Tribunals of Pirst Instance and of Justices of the Peace. Keepers of brothels and accommodation houses are held responsible for taking care that copies of these regulations are at all times posted in every room in these houses. The copies must be placed under glass, in a frame, and hung up in such a way that they can be easily read. Temporary Order. 51. The keepers of brothels or accommodation houses are required to apply, in the course of the month succeeding the publication of this regulation and in the form prescribed by Article 17, for a fresh authorisation under pain of forfeiture BRUSSELS. 273 and without incurring any the less the penalties mentioned in Appendix. this regulation. Made at a session of the Communal Council at Brussels, the 18th of AprU, 1844. The Burgomaster, Chevb- Wtns. By the Council, Tlie Secretary, Waepblaeb. Examined, and approved by the permanent Committee (Deputation) of the Provincial Council. Brussels, the 24th May, 1844. 7%e President, Bon. Djj ViRON. By Order, The Clerk of the Province, Du Chbne. Published and posted at Brussels, the 1st of July, 1844. The Secretary of the Qity, Waefelaee. ORDERS OF THE COLLEGE OE BURGOMASTER AND ALDERMEN EOR CARRYING OUT THE POLICE REGULATIONS ON PROSTITUTION OF THE 18th of APRIL, 1844. Tlie Burgomaster and Aldermen, In consideration of the ordinance of police concerning Okdees of prostitution iatroduced by the Communal Council on the bubgom.steb L8th of AprU, 1844, and approved by the Committee at the and Alder- Provincial Council on the 24th of May following : ^^^' T 274- LAWS FOE THE EEGULATION OF VICE. Appendix. With a view to prescribing the course of action needed to Z carry that ordiaance fully and completely into effect through cAKKTiNG OUT the adoption of measures authorised by law, and yet which Police Eegu- ^^^ ^^^ ^^ ^^ Vin rI to appear in a regulation which is to be made public (soumis a la puhlicite) : In consideration of Articles 90 and 96 of the Communal Law of the 30th of March, 1836 : Decree : Insceiption OF Common Women. Section I. — Of Common Wom^n, their Inscription on the Register and their Dismissed from it. 1. The inscription of common women shall be made in registers according to the appended forms A. and B. 2. Every inscription, whether voluntary or official (d'office), must be certified in a report (jnvees-verhal) prepared by the dispensary official, and mentioning that the registered woman has had an opportunity of reading the articles of the regulation which concern her. 3. Any girl or woman who shall be informed against as surrendering herself clandestinely to prostitution must be summoned to the police office to have her case heard, and, if need be, must be called upon to produce evidence in excul- pation. The official reports and communications respecting her, as well as her written answers, must be forwarded to the CoUege of Burgomaster and Aldermen, which will direct, if need be, her inscription as of course (d'office) on the roU of common women. In this last ease, notice of the decision of the CoUege must be given to the woman within twenty-four hours by the hands of the police charged with the department of prostitution {charge du service de la prostitution). 4. Every woman registered as of course (d'office) must at once attend at the dispensary to receive there her ticket, and undergo a first medical examination. If she is suspected of being affected with a contagious disease she may be taken to the dispensary as soon as the CoUege has announced its decision. BEUSSELS. 275 5. Any unregistered woman found in the act of publicly Appendix. surrendering herself to prostitution must be at once arrested orders op and taken to the police-office to be interrogated. If occasion Colleoe ov arises, she may thereupon be sent on to the dispensary to ^^°^^jf" undergo a medical examination ; in this case the officers or men. agents of police wiU prepare a detailed report of the circum- Order fob stances which have been the ground of her arrest, and in pqliob Kegu- other respects the woman shaU be dealt with as under the lations. above Articles 3 and 4, unless she herself requests to be in- scribed on the roU of prostitutes. 6. The tickets delivered to common women must in all respects correspond with the forms C. and D. hereinafter appended. "When a registered woman changes her class, she wUl have a new ticket delivered her. 7. Every woman who presents herself for inscription will Insobiption. be interrogated. The dispensary official wiU inform himself with the utmost attainable accuracy of her full name, age, place of birth, last domicile, and the causes which have led her to surrender herself to prostitution. 8. When a woman who applies for inscription intimates that her intentions are good (annoneera de bons sentiments), or only requests to be registered for a reason independent of her own will, the dispensary official must ask her questions as to the circumstances of her family, and at once inform the divisional police. The police must, in such a case, inform the parents of the young woman of her request to be registered, and point out to them, if occasion calls for it, the means they may adopt to turn her from' a course of vice. 9. In conformity with Article 10 of the Eegulation of the 18th of April, 1844, women at large are distributed into four classes. The classification must be made with reference to the age and circumstances of each woman. Section II. — Of Brothels and Houses of Acsommodation. 10. The lamp which those who keep houses for prostitution must place above their entrance gates must be red for brothels, T 2 276 LAWS FOR THE REGULATION OF VICE. They must he, in Appendix, and yellow for accommodation houses, each case, thirty centimeters in diameter. These lamps must he punctiliously lighted from the com- Ordeks of College of ^™°°f^^^^« menoement of twilight till the retiring beU {doche de retraite) sounds. 11. The two classes of houses for prostitution are to be divided each into three suh-classes as follows, that is to say: — AND AlDEK MEN. Ordee fob caehtinq out Police Regu- lations. Brothels Classified. Accommoda- tion Houses Classified. Brothels. Bbothels. The first-class will comprise houses where a woman's com- pany is paid for at the rate of five francs and over. The second-class, those where the payment is from two to five francs. The third-class, those where the payment is less than two francs. Accommodation Houses. The first-class will comprise houses where the payment for entrance is two francs and over. The second-class, those where the payment is from one to two francs. The third-class, where the payment is less than one franc. 1 2. Any one who applies for an authorisation to set up a house for prostitution must, besides indicating the class in which he wishes his ho^e to be ranked, notify the price he intends to exact. Information against keepers of brothels and accommodation houses who shall have been proved to have exacted too high a price must be given to the College, which will take, in respect of them, such administrative steps as the case shall call for. 13. Brothels and accommodation houses must be kept in a constant state of decorum and, as far as possible, every common woman shall have a private room in which aU that decorum caUs for shall be ready to her hand. 14. In every room of a brothel and accommodation house into which men are admitted there shall always bo at hand : — BEUSSELS. 277 1°- A bottle containing a scflution of caustic so^a (1 Appendix. partie de lessive de sonde a 35 S sur 20 d'eau _ ^ _ _ ^ Orders of distUlee). UoLLBas of 2?. A bottle of fresh oU, legibly marked outside. and A^dbr™ 3''. White linen and two vessels of fresh water. men. Order for carrying out Police Reou- Section HI. — Of Sanitary Examinations. ijiTiohs. 15. The dispensary official must prepare in advance, and Sanitary on separate leaves, the Hst of the women who ought to pre- ^otg™'^" sent themselves each day for medical examiaation. The doctors must write on it the result of their inspection (explorations) ; after which the list must be forwarded to the divisional police. 16. Every common woman who neglects- to appear for sanitary examination must be at once arrested and taken to the dispensary, without her thereby escaping the penalties mentioned iu the 34th Article of the Ordinance of the 18th of April, 1844. 17. The medical examiuations must be made with the utmost care; the doctors wiU employ for this purpose the instruments customarily used in the surgical profession. 18. The doctors must make extra-ordinary examinations as often as they are requii'ed, whether by the keepers of houses who are uncertain about the health of their women, or by the police, or, ia any circumstances, iu which they suspect a woman is affected with a contagious disease. 19. Whenever the doctors find it necessary to send a woman from a tolerated house to a hospital, the keeper of the house must have her taken there at once iu a carriage. Section IV. — General Directions. 20. All conveyance of common women — both to the dispensary and from thence to the hospital — must be by a carriage. 21. Frequent visits must be paid to brothels and houses of accommodation by the police agents, to ascertain if the 278 LAWS FOR THE BEGULATION OF VICE. Appendix, keepers of the house comply precisely with the terms of the T regulations. Okdees of ° . . . . College op 22. Immediate provision will be made for nominating an Bdbgomastek official to take charge of the correspondence between the AKD Alder- . ° ^ MEN. office and the dispensary. Oeder fob This official will, at the same time, be required to collect P^^oe'eegin ^^® payments exacted from the keepers of houses for prosti- lahoks. tution and from common women at large. Every month he will give in an accoimt of his receipts to the College of Burgomaster and Aldermen who wUl give directions for its being paid ia to the town receiver. 23. A copy of this decree will be supplied to every keeper of a house for prostitution, who will be held liable to comply with its provisions under the penalties mentioned in the Ordinance of the 18th of April, 1844. Decreed at a session of the CoUege, at the H6tel-de-Ville, Brussels, on the 5th of July, 1844. TTie Burgomaster, Chev»- Wtns. The Secretary, "Waefelaer, PARIS. 279 PARIS. Mr. Acton says (p. 100) that " th.e great object of the system Appendix. " adopted in France is to repress private or secret and to en- j « -UT J i-i i.- » A 1 • -EXTRAOTFEOM courage puDUo or avowed -prostitution. A general view of m. Dalhoz's the relations of law to prostitution in France may be obtained Eepektoikb from the following extract from the latest edition of M. tution. Dalhoz's ponderous and voluminous work entitled " Beper- " toire Methodique et Alphdbetiqv^ de legislation, de doctrine, " et de Jurisprudence," under the head " Prostitution :" — " There is no special legislation with respect to the discipli- " nary regulations imposed on prostitutes and on the mis- " tresses of licensed houses in respect of reprehensible " conduct, and of offences committed in the very exercise of " prostitution, and which are not provided against by article " 330 and the following articles of the penal code " — [merely repressive of offences against the young, against marriage, and the Kke]-^" and which could not be brought " under the jurisdiction of the tribunals without the scandal " occasioned by the trial and by the notorious publicity of " such investigations gravely violating public decency and " morals." " But it is evident that the supreme law of " order and of public morals invests the administration with " very extended powers of repressing offences of the nature " " of those mentioned when committed by prostitutes ; and " that the disciplinary regulations imposed on them are left " to be devised at their arbitrary will by the administrative " authorities, who, at the same time, are bound to comply " with the duties which humanity imposes, and to abandon " as little as possible the principles of individual liberty, " which are the basis of our political constitution, and here " undergo a necessary exception. It might perhaps be " desirable that an Act of the Legislature should lay down " general rules with respect to this subject, which concerns 280 LAWS FOB THE EEQULATION OF VICE. Appendix. M. Lboouk. ON THE HiSTOKT OP THE System IN Paris. " public order under so many aspects. Imprisonment seems " to be the only disciplinary instrument which can he [now] " employed in respect of prostitutes." In a very interesting chapter of his work on " Prostitution " in Paris and London " (Chapter YIL, " Des Phases diverses " sui la Eeglementation "), M. Lecour shows exactly how the existing practice came into being through the successive decrees (arretes de police) of one prefect after another ; and to understand the system properly this historical view of it should be mastered. It seems to have been M. Delavau, in 1823, who first clearly laid down the police poHcy with re- spect to prostitution and brothels, which has never since been departed from. M. Lecour, in speaking of the decree of M. Delavau says — " One could not better define the action of the " police in respect of prostitution than M. Delavau has " done in this circular, in which one sees the desire peeping " out which never has been realised, and yet is perpetually " cherished by the administrators of every age — namely, that " of confining public profligacy to houses tolerated for this " end only." In April, 1830, a decree of M. Mangin for the first time attempted to enforce general regulations on prostitutes for the purpose of absolutely preventing solicitation of any sort in the public streets, or even the passing of women from one maison de tolerance, to another in the course of the evening. The events of July caused some interruption in the effort to carry out this repressive policy, and it was not till 1841 that M. Delessert issued a complete body of instruc- tions for the guidance of the police, which, M. Lecour says, are executed at this day in the spirit in which their author intended they should be. So far as the successive decrees of prefects of the police have been finally embodied in a formal legislative shape, they may be arranged under the three distinct heads of — (1) regula- tions for the guidance of the police in making arrests and enforcing other regulations ; (2) regulations imposed on regis- tered women for the purpose of restricting them in respect of time, place and deportment ; and (3) regulations imposed on the mistresses of licensed houses. A further class of regulations relates to hospitals, of which a specimen will afterwards be PAKIS. 281 given from those in use in the Venereal Hospital at Marseilles. Appendix. There are also the regulations for the creation and control of the medical staff. The following regulations are collected from Parent-DuchS,telet, T. II., p. 231; Jeannel, pp. 318 and 343; Lecoui, Ch. VII. ; and Acton, p. 105 s. q. They have never been systematically codsfied as at Brussels. (1). — Regulations which determine the General Duties of the Police. " The Inspectors charged with the supervision of unregis- Geneeal " tered prostitutes ought to act with the greatest circumspec- po ™5 °'^ '^^^ " tion in respect of those they meet on the public thorough- " fare, and f oUow them into licensed houses, or into the abodes " of registered prostitutes, with the view of only going the " length of making an arrest when doubt as to their habits " is no longer possible. " There will be no occasion to proceed to the arrestiag of an " unregistered prostitute in a public place open to prostitution " unless there are signs of a penal offence having been com- " mitted, or there is an admission on the part of the woman, " or of the man found with her, that solicitation to a guilty " act proceeded from the woman. " The inspectors must not proceed to arrest on the public " thoroughfare an unregistered woman whom they could not " surprise (surprendre) in one of the situations above " described unless prolonged observation puts them in pos- " session of facts of a precise kind, whether it be that a " seizure is made at the moment a woman is leaving a place " used for purposes of prostitution, or while she is walking " about with registered women, or is occasioning public " scandal by her solicitations. " The iaspectors will always, with respect to these women, " behave with the propriety which the dignity of the public '■' service inculcates, taking care, nevertheless, to secure legal " evidence of any acts of outrage or violence to which they " may be exposed, and abstaining absolutely from all resort " to surprises (tout moyen de surprise), or to bribery. " In whatever circumstances women are arrested, they " must be conducted immediately before the commissary of 282 LAWS FOE THE KEGDXATION OF VICE. Apfekdix. Geneeal Duties of POUOE. " police of tlie section where tlie arrest took place, so that an " iaquicy into the case may be instituted without delay. " In a capital city, which contains numberless elements of " disorder, the supervision called for by the fact of prostitu- " tion often brings to light vices which, contrary as they are " to good morals, cannot be considered acts of prostitution, " nor give occasion for the measures of which those alone are " the appropriate objects. " Thus it comes about that married women and young girls, " in whom every sentiment of decency is not extinct, blinded " by a guilty passion, surrender themselves to men versed in " enterprises of gallantry, who lead them without their knowing " it iato asylums of vice. In such a case no delay must be " encountered, which ndght- have the most disastrous conse- " quences for those whose errors would be discovered by their " prolonged absence, while morality would gain nothing, and " the quiet of family life would be seriously disturbed. "Every woman who notoriously gives herself to public " prostitution is reputed a common woman " {jUle publique), " and registered as such, either at her request or as matter of " official routine {inscription d' office). " Registration consists in inscribing on a particular register " the iirst and second names of the woman, her age, country, "■ domicile, previous occupations, and the reasons which have " induced her to have recourse to prostitution. Previous to " registration she is made acquainted with the regulations " applicable to ' common women.' " The registration is almost always voluntary* ; ' official ' " registration only takes place in respect of the small number " of women who, openly given up to a life of vice, already " often arrested for acts of prostitution, or aifected with con- " tagious diseases, refuse to submit themselves to the regula- " tions which the public authorities are bound to enforce in " the interests of order and of public health. " Common women, on registration, are divided into two " classes — ' isolated' ones (isolees), that is, those who have a " private abode, whether taken on lease or for a short period, " or merely furnished rooms, and those who live in a licensed Compare Dr. Jeannel on pages 71 and 201. PAKIS. 283 " house {'files de maison '). At the time of registration the Appendix. " women signify the class they wish to belong to, and can " subsequently pass from one class to the other on making a " declaration provided for the purpose." 2. Regulations imposed on the Women themselves. As to women living by themselves — EEonLAiioNS At the time of the registration of each a card is given iHs'woifflN. her, containing on one side a list of the regulations binding upon her, and upon the other, her name, abode, number in the register, and a list of the months of the years in one column, followed by four blank columns, the first and third column to be filled in by the inspecting surgeon with the date of the first fortnightly and the second fort- nightly examinations respectively, and the second and fourth column with the results of the examinations on each occa- sion marked by the letter M (diseased), or S (healthy). The regulations on one side of the card are as foUows : — " Common women en carte " (that is, not living in licensed houses) " are bound to present themselves for examination at " the dispensary once at least every fifteen days. " They are directed to exhibit their card whenever required " by police ofiicers and agents. " They are forbidden to practise solicitation " {provoguer a la dehauche) " duiing the day, or to walk in the public " thoroughfares tiU half-an-hour after the time fixed for the " lamps being Ughted, or, at any season, before seven o'clock " in the evening, or to remain there after eleven. " They ought to be simply and decently clad, so as not to " attract attention by the richness, striking colours, or extra- " vagant fashion of their dress. " They must not dress their hair in such a way as to dis- " pense with other covering " {La coiffure en cheveux est inter- dite) ; " they are strictly forbidden to speak to men accom- " panied by women or children, or to address loud or per- " sistent solicitations to any one. They must not, at any " hour, or under any pretext whatever, exhibit themselves at " their windows, which must be kept constantly closed and " provided with curtains. 284 LAWS FOR THE REGULATION OF VICE. Appendix. " They are strictly forbidden to take up a station in a „ " public tboroushfare, to form themselves or to walk about Eegulations f , , . J IMPOSED ON " in groups, to pass up and down m too narrow a space, or THE Women. « ^q ^Uow themselves to be followed or accompanied by men. " The neighbourhoods of churches and sacred buildings " within a radius of twenty-five yards, covered passages, the " boulevards of the Rue Montmartre up to the Madeleine, " the gardens and approaches of the Palais Eoyal, of the " Tuileries, the Luxembourg, and the Jardin des Plantes, are " forbidden to them. The Champs Elysees, the esplanade of " the Invalides, the old external boulevards, the quays, the " bridges, and, generally, lonely and obscure places, are equally " forbidden to them. " They are expressly forbidden to frequent pubhc esta- " blishments or private houses where clandestine prostitution " might be facilitated, or to attend taWes d'hote, or reside in " boarding-houses, or to engage in their trade outside the " quarter of the town they reside in. " They are hkewise forbidden to share their lodgings with " a woman living in concubinage, or with any other woman, " or to reside Ln furnished lodgings at all without a permit. " Common women must abstain, when at home, from " everything which can give ground for complaints on the " part of neighbours or passers-by. " Those who infringe the above regulations, who resist " authorised agents, who give false names and addresses, wiU " iacur penalties proportioned to the gravity of the case.'' These instructions wiU be found to follow almost word for word the decrees of M. Mangin on the 14th April, 1830, and of M. Delessert in 1841 (Lecour, pp. 109, 112). The regulations which apply to women living in licensed houses are addressed rather to the keeper of the houses than to the women themselves directly. According to the decree of 1841, "Mistresses of houses are held responsible for aU " breaches of the regulations which they are in a position to " prevent." Thus the regulations attaching to women livino- in these houses, which are, of course, of the same general nature as those attaching to the women who live by them- selves, must be sought for under the next head. PARIS. 285 Appendix. 3. Regulations imposed on the Mistresses of Licensed Houses. " Women -who keep tolerated houses, and who are called Kequlations " maitresses de maison, cannot do so without the consent of Mibteesses* " the authorities, which can only he ohtained on the produc- "^ Licensed " tion of the written consent of the proprietor of the house " where they purpose establishing themselves ; and if they " are married, they must have the consent of their hushands. " For reasons of propriety these houses must be distant as " fai as possible from churches and sacred buildings, from " national palaces, monuments, government offices and esta- " blishments, and educational institutions. " In the interest of the neighbours, the windows of these " houses must have double curtains in the inside, and on " the outside be latticed and locked, the glass being frosted. " The mistresses of the houses are responsible for disorders " which take place, either inside or outside of the houses, if " caused by the women who lodge in the houses, or whom " they admit temporarily. " The following form of licence is given to each mistress " at the time of registration : — " Name " Address " Enrolled at page of the register of mistresses of tolerated houses. " General duties imposed. " Mistresses of licensed houses are bound to have regis- " tered within twenty-four hours at the administrative de- " partment of the dispensary of health women who present " themselves to take up their abode in their houses. " When a woman inscribed on the book of the mistress " of a house is about to leave her house, the latter is bound, " within twenty-four hours, to make declaration of the fact " at the same office. " When the reception or the departure of a woman takes " place on the evening preceding a day the afternoon of " which is a holiday the mistress of the house is to make " the declaration in the forenoon of the following day. 286 LAWS FOR THE REGULATION OF VICE. Appendix. Regulations Imposed on MiSTEESSES OF Licensed Houses. " Mistresses of houses are to keep tlieir windows constantly " closed, and to have them frosted, or fitted with Venetian " shutters closed with a fastening. " Those who are entitled to send out women, and to " station a domestic at their door, are not to permit them " to go out until half-an-hour after the time fixed for com- " mencing the lighting of the street-lamps, nor, at any time " of the year, before seven o'clock in the evening ; and they " are to see that they return by eleven o'clock. " They are to take care that the women dress decently, " and are to prohibit them from alluring to debauchery by " indecent gestures or words, from frequenting taverns and " becoming intoxicated, from taking up their station in the " public thoroughfare, forming groups in the streets, or pro- " meuading in company. " When, in the interval between one medical examination " and the succeeding one, they discover that a girl is attacked " with a contagious disease, they are immediately to conduct " her to the medical office. " It is expressly enjoined on them to give information " without delay (independently of the information to be " given to the commissary of police) to the head of the active " service of the dispensary, concerning every kind of pro- " ceeding which may take place within their house, or out- " side of it, on the part of the women who reside there. " They are forbidden to receive minors and the pupils of " colleges, and of national schools, civil or mihtaiy, if in " uniform. " As mistresses of houses in the suburbs and out of the way " places are forbidden to allow their women to promenade on "the public thoroughfare, they must take care that these " never absent themselves without a plausible reason. " The entrance doors must remain constantly closed. It is " forbidden to exhibit glasses, bottles, flagons, or other " objects, as a sign that drink is provided. " This prohibition applies to tolerated houses in Paris " which have refreshment shops in connection with them." Other regulations are that the mistresses must lodge no more inmates than they have distinct rooms ; that they must keep no child above four years old on the premises ; that PAKis. 287 they must place no person at their door as a sign cf their Appendix. business before seven or after eleven p.m.; that they may not send abroad more than one woman each at one time. (See Acton, p. 108.) The following regulations relate solely to the organisation Obganization and direction of the medical service : Medical " The medical staff of the dispensary is composed as follows : Service. " Physicians in ordinary, 16 ; Physicians supernumerary, 4. " The service is apportioned in the following manner : — " One head physician, who is charged with the direction of " the service, and with the correspondence with the chief of " the Department of Morals, or with the chief clerk, who " represents the prefect. " Fifteen physicians in ordinary ; the twelve senior of these " are charged with the examinations in the dispensary, and " with the weekly examinations in the licensed brothels com- " prised within the Kmits of Paris ; the three juniors are " charged with the weekly examinations ta the licensed " brothels in the suburbs. " Por the examinations at the dispensary six physicians " are in attendance daily, and take their turns by two and two " for three terms of an hour and a-half ; that is to say, the ser- " vice of the dispensary demands of each physician no more " than three attendances of an hour and a-half in each week. " Por the visits to the licensed brothels, the city is marked " out into twelve equal divisions; one physician is charged " to make the weekly examiaations in each division in " quarterly rotation, so that each returns to the same division " only at the end of twelve quarters or three full years. "The suburbs are arranged in three divisions; the " physicians charged with the sanitary examinations in the " licensed brothels in the larger and more remote of these " divisions are relieved from all other duties. " The four supernumerary physicians are reserved for " the supply of the various services in the absence of the " physicians in ordinary. The head physician is chosen by " the prefect ; he may hold the office even without being on ' ' the list of physicians in ordinary. 288 LAWS FOR THE EEGULATION OF VICE. Appendix. " j^q supernumerary physicians are nominated by the " prefect ; they become physicians in ordinary as vacancies " occur in the order of seniority." The general character of the French method of working the system, and its legal basis, will be better understood from the elaborate judgment of M. Ch. de Bourbonne, of Rheims, which will be found fmther on, in connection with the regulations as in force in that city. Commission The following terms of a Commission which was finally ap- pIws°Mun™ pointed on December 11th, 1876, by the Municipal CouncU of ciPAL Council. Paris, for the purpose of ascertainiug the legal basis of the Parisian system, and of making recommendations accordingly, are instructive in reference to the general imcertainty in which the legal justification of that system is confessedly shrouded at present. " Considering that the Municipal CouncU cannot avoid the " question of the police des mceurs, which is a question of " such grave importance to the security of the Parisian " population ; " Considering that it has the right to control the services " for which it pays, and to study the ameliorations which they " may require ; " Considering that the acts of the police des mceurs are " not authorised by any law, and that they lead to the daUy " perpetration of crimes punished by the penal code ; " Considering that, if at present it is difficult to propose to " the Municipal Council to refuse the money required for " the police des mceurs, it is, on the other hand, indispensable " that reforms be made in the said service ; " That a commission of twelve members be nominated by " the Council at its next sitting to study the service of the " police des mceurs, and to propose either its suppression or ,■ " such reforms as it requires." It may be noticed that when the resolution in favour of the Commission was carried, the Prefect of Police objected that the Municipal Council had no jurisdiction xa. the matter, and had no right to express an opinion, and he signified his PARIS. 289 determinatioii to bring the question before the Minister of Appendix. the Interior. In consequence, at the meeting of the Municipal Council on December 8th, he laid on the table an order, Keobnt peo- signed by Marshal Mac Mahon, annulling the appointment of oeedings in the Commission, because of the indirect imputations on the counoh. conduct of the police which the introductory sentences of the resolution contained. The Municipal Council, however, would not give up the course which they had begun, and they passed a resolution, in place of that annulled, providing simply for the nomination of the Commission, without giving any reasons for its nomination. The Prefect of Police again declared his intention, if they proceeded, once more to bring the matter before the Minister of the Interior, but the Council proceeded at once to the nomination of the twelve members ; the appeal of the Prefect of Police to the Government was unsuccessful in farther stopping proceedings ; and the Com- mission appointed M. Herisson, President of the Municipal Council, as its President, and M. Yves Guyot, as its Secretary. It is interesting to notice that M. Yves Guyot was con- nected with the ies Droits de V Homme newspaper and, in that capacity and as contributor to the paper, was sentenced in the previous month (November, 1876) to imprisonment for six months and a fine of 3000 francs for a series of articles reflecting on the conduct of the police des mceurs in respect of certain recent notorious cases of abuse, and, more especially, for bringing police functionaries into contempt by attributing to the police acts done by those who, confessedly, and suc- cessfully, personated them. A similar Commission to the above of a still more authori- tative character was recently appointed by the Italian Government. U 290 LAWS FOR THE REGULATION OF VICE. EHEIMS. Appendix. The present state of tlie law in Eheims has lately (Octoher, 1876) been brought into relief by an appeal from a judgment pronounced by the magistrates ia the case of two women who had refused to submit to the sanitary inspec- tion. The magistrate, M. de Bourbonne, who was chiefly concerned in drawing up the original judgment, addressed, on the 1st of October, a letter to the I'Avenir des Femmes of Paris, of which the following is a translation. It describes on the highest authority the regulations now actually in force : — M. DB BOUE- BONNE ON THE METHOD PUK- SDED AT Eheins. " Eheims, Odoler 1st, 1876. " Sir, — For a long time past I have studied this grave and " important problem, trying to find a solution of it. I have " discovered, and I have obtained proofs, that it is the police " itself which is one of the causes of the depravity and de- " moralisation of our great cities. If I were to endeavour to " lift up a corner of the veil which covers so many shame- " ful infamies in this direction, you would not be able to " believe what I told you. Without much education, of a " morality at the least doubtful, and in possession of an " arbitrary power which is beyond any possible control, the " agents of the morals-police are believed upon their simple " word, and their reports- demand and obtain credence. " At Eheims girls are generally inscribed at the age of 16. " What can one expect of a girl of that age, who scarcely " begins to comprehend her own sensations ? Her future is " destroyed by the will and power of inferior agents of the " administration, and at 20 years of age she is an object of " detestation to society, against which she naturally tates a " terrible revenge. What contradictions in our laws ! A " minor girl has no civil rights whatever until her majority ; RHEIMS. 291 " but when it is a question of morals, which, is a graver Appendix. " matter, the law is silent for her protection. " On the contrary, she is the person injured : they forcibly " impose upon her an indelible stigma of infamy : and never- " theless, she is only 16 ; an age at which reclamation is easy. " And whose is the fault ? I have endeavoured to make my " feeble voice to be heard in high places. WiU it reach them ? " I do not know. In any case, sir, your estimable journal " can render great service to those girls first seduced, then " cast off and abandoned, and arbitrarily placed on the " register of common prostitutes. " Believe me, &c., " Charles de Bourbonne, " Judge of the Peace of the First Arrondissement of Hheims." " P.S. — As a rule, here is the mode of action when a young Mode of Re- " girl is placed on the register : — gisteation AT EhEIMS. " 1. — It is done in the name of the Mayor, and by a " warrant supposed to be obtained from him. " 2. — But never has a Mayor been given time to trouble " himself about it, or to know the why and the wherefore. " 3. — He delegates his powers to the Central Commissioner. " 4. — The Central Commissioner delegates it to the Chief " of Police, who relegates it to his sub-agent. " 5. — Thus you see the screw is driven in. It is the " sub-agent who decrees, and everybody, while remonstrating, " says Amen. " What becomes then of the guarantees of personal " safety of the unfortunate woman, who then cannot defend " herself, and can do nothing but submit. " The moral of aU this is, that the existing system is vicious, " and that it is full time to reform it. Suppress the cause, " and you will also do away with its effects. It becomes ever " more important for us in these days to return to the " observance of oui common rights. It is always these " exceptional laws which have engendered abuses, and as a " consequence, revolutions. " Ch. de Bourbonne." U2 292 LAWS FOR THE KEGULATION OF VICE. Appendix. The following is a literal translation of the judgment ahove alluded to. It is of the highest interest on many grounds. It propounds the legal theory which is held to be the only support of the licensing system in France. It incidentally criticises that theory on logical and historical grounds, and demonstrates the sorts of police abuses to which the regulation system necessarily paves the way. The judg- ment has a further interest from the fact that the presiding judge, M. de Bourbonne, was dismissed from office for pronouncing it, on no other ground, it would appear, than because the judgment was unpalatable to the Government, as advocating doctrines of personal liberty and of immunity from police control for which the French Constitution is, as yet, unprepared. Palais de Justice, Eheims, 31st Jidy, 1876. Jddqment op M. de Bourbonne, President ; M. Druelle, Public Prosecutor : THE COUET OF ll/r T> J /~i1 1 Bheimson M- Baudon, Clerk. THE LIMITS as Police The Court delivered the following judgment : — Action. " Whereas it is the duty of the judge, before touching " upon and deciding this difficult and important question of " prostitution, to avail himself of all the documents Kkely to " assist him, and even to trace back the course of former " times so as to be able to follow and study in all their phases " the decrees and ordinances which have been successively " made as well as the reasons which have caused their falling " into desuetude : " Whereas this grave question culminates in the primary " and inviolable right of personal liberty ; a right which is " and always wUl be the honour and the safeguard of every " society : " Whereas this liberty cannot be alienated save either by "judicial authority, or by personal consent or acquiescence, " and, save in one or the other of these cases, the municipal " authority, which is, in fact, only administrative, has no " right to act : " Whereas, Montesquieu says : {Esprit des Lois, Book HHEIMS. 293 " xxvi., Chap. -20) that liberty consists chiefly in its being Appendix. " impossible that any one shaU be forced to do anything not " ordained by the law, and that we are only free because we the Codbt of " live imder laws, therefore (he adds), one cannot be compelled Khbims on " to do a thing that the law does not require, and one can, hy Police " virtue of the law, resist violence : Action. " Whereas, by virtue of this well-established principle, it " is important in the case now under consideration carefully " to mark out the legal limits within which the municipal " authority has the right to move ; to examine if it has ex- " ceeded them ; and, finally, to determine precisely and "indisputably its modus vivendi in relation to and as " parallel with the judicial authority : " Whereas the examination of the police regulations con- "ceming prostitution, which forms part of the municipal "functions, is one of those involving the most delicate " questions of morality, health, security, and individual " liberty : " Whereas, if the inscription of ' common women ' on the " Morals-Eegister is subject only to the control of the " administrative authority, it is none the less true that " everything which touches on the position {condition), the " actions, and the punishment of the ' common women ' them- " selves, goes beyond the excludoe functions of the police, and " comes within the jurisdiction of the ordinary courts : " Whereas, if we go back to the year 800, to the Capitu- " Idries of Charlemagne, then to St. Louis — who desired to " re-establish them — then to the Police Ordinance of the 6th "November, 1788, then to the 17th Mvooe, in the year "IV., — we see that aU the Decrees and Ordinances which " attempted to regulate prostitution have always fallen into " disuse ; whence it logically results, that the principle of tlie " right of individual liberty has always predominated and " prevailed against them : " Whereas, if for more than ten centuries, during which "this formidable and dangerous problem has existed, no " legislative authority has ever dared to take it in hand or "to solve it, the silence of the law upon those cases of " prostitution which do not amount to outrages upon morals, 294 LAWS FOE THE REGULATION OF VICE. Appendk. "places the municipal administrative authorities ia a " delicate position when they are required to take cognizance Judgment OF „ '^ , , ,. ., .. .t,_ THE Court op of, to register, and to subject to samtary precautions tne Eheims on « -jyomen who sink to this last stage of degradation. THE LIMITS OF ^ . , -, -, , .. , ■ i J- Polios " In fact, how much prudence does it not require to discern Action. h the too often iuappreciable distinction between prostitutes " and the women whose immoral conduct may inspire indeed " equal contempt, but yet does not present all the circum- " stances which characterise prostitution and which would " subject them to the regulations imposed upon ' common " ' women.' As guardian of the honour of families, the " administrative authority ought not to forget that inscrip- "tion on the register is a brand of infamy which is in " some sort indelible, and that it is only after having ex- " hausted all the modes of action which the law places at its " disposal that it ought to grant the shameful favour which " is asked from it : Whereas, in the absence of any legislative Act, the judge " whose duty it is to punish ought only to do so with ex- " treme reserve, and above all with extreme prudence, for that " he can only refer to some decrees of the Supreme Court, " whose high authority ought to be his guide and support, " and upon the grounded and deHberate opinions of juris- " consultes and specialists who have occupied themselves with " this important question, and whose writings illustrate and " direct the principles of judicial decision now in vogue. " Whereas, if it is true that, from the establishment of the " Prefecture of Police do'\vn to the present day, schemes for " a law upon the subject of prostitution have engaged the "attention of the Administrative Bureaux, these schemes "have, unfortimately, never been laid before the Corps " Legislatif, and it is always in the name of the public safety " and of the ccmstiiutive principles of municipal authority "that prostitutes have been controlled, whether it was a " question of regulation, inscription, or sanitary control, or " whether it may have been necessary to impose taxes, to " sentence to prison or to banish from the toicii : " Whereas, if the municipal authority, guided and regu- "lated by the laws of the 16th to the 24th August, 1790, RHEIMS. 295 "and of the 19th to the 22nd July, 1791, has a right of Appendix. " control over everything that touches upon the question of ' •> o r M- Judgment of " prostitution, it is upon the express condition that it does the Codbt or " not diverse from the legal lines which have heen traced out ^''Heims on ° ° THE LIMITS OP " for it by those laws ; for, outside those laws a fatal descent Police " is made into the domain of the purely arbitrary, which is -Actios. " formally prohibited by our codes ; and that where the " legislator has not dared to proceed penally the municipal " authority has no right to do so : " Whereas in Eheims, a city of 80,000 souls, the func- " tions of the Bureau des Maeurs are exercised by the agents " of public security, and we may well admit (since it is so " difficult in these days, owing to the extravagance of fashion " to distinguish a respectable woman from one who is not " respectable) that these policemen may not be gifted with " the amount of prudence and tact necessary to discern the "too often inappreciable shades of difference which dis- " tinguish the gay woman i^femme galante) from the prosti- " tute, and that they exert an arbitrary power so much the " more dangerous that it is placed in irresponsible hands : " Whereas, along with the inviolable and sacred right of " individual liberty there ought to be for every one, to what- " ever sphere or class they may belong, an impartial protection " afforded, in the first place by the municipal officers, and in " the second place by the magistrates, who being charged " with the duty of applying the law and punishing offences, " ought only to do so upon thorough knowledge of the facts, " above aU when, as in the present case, the honour and " respect due to private life are at stake : " Whereas, if it is incumbent upon the judicial authority " to sanction and defend the municipal authority, it is only " on condition that the latter respects the great principle of " individual liberty, and does not diverge from the legal lines " traced out for it by the laws of the 16th-24th August, 1790, "and the 19th-22nd July, 1791 : " Whereas, legally, the orders made by the Mayor of " Eheims relative to ' common women,' so far as they go, only "subject to the penalties therein provided offences against "administrative regulations which are legally made, con- Action. 296 LAWS FOB THE REGULATION OF VICE. Appendix, "formably to the provisions of Art. 471, Sec. 15 of the Judgment o7 " Penal Code, and Arts. 3 and 4, title xi., of the law of the THE CoTjKT OF " 16th-24th August, 1790, and Art. 46, title i., of the law of raTumis OS "^'^^ 19th-22nd July, 1791 ; it is clear that this Art. 471, Police " Sec. 15 attributes to the police courts, not merely the power, " but the duty of verifyiag the legality of the Municipal " orders issued pursuant to the laws relating to that subject, " and consequently the right to refuse penal sanction to such " of those orders as appear to the Court either to transgress " the limits of the authority which issued them, or to violate " the letter or spirit of the laws upon which they are " founded : " And whereas this principle, solemnly afifirmed by two " decisions of the Gourt of Cassation of the 16th of March and "the 27th of July, 1870, has been foimaUy and specifically " confirmed ia the case of prostitution by three decisions of "the same Court of the 4th of June, 1836, the 17th January, " 1862, and the 24th November, 1865 : " "Whereas, nothing in the text of the Laws of 1790 and "1791 which confer upon the municipal authority the right " to regulate prostitution, accords to it that of summarily " and finally branding any person with the appellation of " ' common woman ' : " Whereas, before declaring a woman by name, and defi- " nitely, subject to the prescribed periodical and personal " examinations (visiles), she ought to have served upon her " a notice or peremptory summons to appear (notification ou " mise era demeure administrative), which she may either " accept with all its obligatory consequences, by signifying " her consent in the register provided for that purpose, or " against which she has the right of entering a complaint " before the superior court : " Whereas, without this equitable procedure, registration " (mise en carte) becomes an arbitrary act : " Whereas, in fact, if we take our stand upon the enlight- " ened and logical argument of Parent-Duchitelet, Vol. I, p. " 276, which is entitled to great weight in a question of " 'jurisprudence,' we see that ' the women who are to be " ' finallyenrolled among the number of " common women" are EHEIMS. 297 " ' required to sign a declaration, wHch. without such signature appendix. " ' is null and void, setting forth and verifying (constatant) the IC t facts of their inscription and of their engagement to conform ^p^j, cotjet of exactly to all the rules prescribed for purposes of super- KHBras on intendence and health.' Parent-Duchatelet adds (Vol. I., pqlioe " p. 382), that ' when a girl is not wholly corrupt, when she Action. " ' is healthy, when she exhibits a good disposition, and all " ' ascertained facts and indications prove that she is only " ' enrolling herself out of spite or despair, she is dismissed " ' to her own province with a passport, and often with help " ' for her journey, but always upon her identity being "'established': " Whereas, if nothing iu the law confers upon the muni- " cipal authorities the right to place extra-judiciaUy {cLe piano) " a girl upon the register without her consent and submission, " this gap is ia a large measure fiUed by the right of expulsion " or banishment, which has never been withdrawn : " Whereas, the grammatical and legal interpretation of the "generical expression 'subjected woman' (/Ule soumise) im- "pUes to perfection the qualification demanded from the " woman who subjects herself (but voluntarily, or after all "formalities have been fulfilled) to the regulations and orders " which belong to her condition when ascertained, and which " she had accepted by affixing her signature to the Register " of the Bureau des Mceurs : " Whereas, finally, definite enrolment can only take place " in two ways ; either by the judicial authority deciding " upon a case brought before them, or by a personal under- staking to carry out the regulations prescribed by the " municipal authority, which then, and then only, can exer- " cise superintendence and control over the woman : " Whereas, outside these two kinds of procedure, there is " a descent into the domain of what is arbitrary : " Whereas, the legal principles {jurisprudence) adopted " and now thoroughly established by the Supreme Court have " always been that the Judge of Police has an absolute con- " trol over Municipal Orders of this kind, and the last decision " given, under the date 15th January, 1875, leaves no doubt " upon the question ; indeed, by this decision, the Court Action. 298 LAWS FOR THE REGULATION OF VICE. Appendix. " gives the judge the right of calling for the production of T„„„,^„„ „„ " the Eegister of the Bureau des Mmurs, in order to be able Judgment of _ ° ' _ THE Court op " to make clear its scrupulous justice (edairer sa religion) and ^^T™™f „„ " confirm its tenor, so as to be able afterwards to condemn or PoLioB " acquit, with thorough knowledge of the facts, the girls en- " roUed thereon, whether regularly or ii-regvlarly enrolled : " Whereas, by an interlocutory judgment under date the " 3rd July, 1876, the Court ordered the production at the " bar of the Eegister of the Bureau des Mceurs of the town of " Eheims, with a view of ascertaining its regularity, in order " to assure itself that the girls enrolled thereon as subjected " women were so enrolled on definite grounds, to see if the " procedure pursued against them had been legal, and finally "to enquire if they came under- Ait. 471, par. 15 of the " Penal Code : " Whereas the Commissaire Central was peremptorily sum- " moned to produce this register, and after having at first " put in a plea {imefin de non recevoir), alleging that it might " perhaps, be indiscreet to aUow it to leave the Mayor's " office, and after having presented to us extracts signed by " himseK, which he pretended ought to suffice instead and in " place of this register, has at last decided to its production : " The Court delivers to him its certificate of the production " of this register containing enrolments going back to the " middle of the year 1868, and no further : " And whereas, this register having been verified by means " of properly signed extracts furnished to us, we have collated " it, and established that since the said date of 1868 up to " this day, 538 names have been enrolled therein : that this "number of 538 is composed of 217 women belonging to " licensed brothels, and of 321 women described as Hvinc by " themselves (isolees) ; that this register is specially kept by "the agents of pubhc safety, whose handwriting is unde- "niable; that it has many omissions; that enrolment is " sometimes effected by merely lodging an information (de- " nonciation) ; that some names are not followed by any " record {inention) ; that a judgment delivered by this Court "on the 9th November, 1874, decreeing an erasure is not " even mentioned ; that an erasure ordered by this Court has EHEIMS. 299 " not had effect given to it as a final judgment ; that, in fact, Appendix. " an extract from the register of the orders of the Mayor of judojij.!,! op " Eheims, certified as in conformity with the register by the the Codht of " Oommissaire Central, and delivered to us by him on the ^^™ °^ „„ ' •/ THE LIMITS OF " 17th July, 1876, proves that under date the 3rd of the Police " same month of July, the very day of the acquittal of E , ^°™°^- " whose petition of appeal has siace been drawn up by the " Public Minister {Gommissaire Central), no mention was " made of an erasure ordered by a judgment previous to the " 24th July, 1876, since the extract furnished upon the 17th " July makes no mention of it, and simply sets forth an order "of the Mayor of Eheims of the 26th January, 1875, " previous to the judgment ; that neither does this extract, " certified as correct, mention an entry in these terms copied " by ourselves upon the Eegister 'Declared by the " ' Mayor to be a subjected woman (fiUe soumise) 19 February, " ' 1876,' which Luscription, freshly written and certainly not " five months old, has been recently made, and is subsequent " to the 1 7th July, the day on which the extract was furnished " (therefore irregularly), and seems only to have been added " for the purpose of the complaint : " Whereas, finally, the names of girls belonging to brothels " are said to have been ' enroUed at their request,' which is "regular in fact and in law, whilst the names of the other " girls are simply followed by ' enrolled' without the acquies- " cence or signature of the enrolled girl, which is contrary to " common law : " Whereas, therefore, this register does not establish deci- " sively that the definite qualification of a ' subjected woman' " attaches to the women whose names are given in the depo- " sitions laid before us ; and the law does not allow advantage " to be taken of the sUence of the accused to attribute to them " a tacit submission to regulations they have never accepted, " and a defined position of dishonour to which they have not " been submitted either according to any regulation or in or- " dinary course of law, a proceeding which would be most " arbitrary ; and ubi lex non distinguit nee noa distinguere " debemus : " Determined by these considerations and those enunciated " in the preceding recital : 300 LAWS FOR THE REGULATION OF VICE. Appendix. " Whereas, the Police Magistrate is not 1301111(1 to consider ~ " as proved the inscription of a woman upon the Police THE CouKT OF " Register if the proof of final enrolment be not forthcoming : Kheims on " "Wliereas the resister produced contains no signature THE LIMITS OP ... " ,,.. Polios "testifying the acquiescence and suDmission oi the accused, Action. « gj^^ therefore the proof offered by the Public Minister is " neither established in fact nor justified iu law : " Putting aside the propositions adopted by the Public " Minister which the Court cannot accept : " And whereas, there is nothing to justify the contention "that the women, B, C, &c., &c., came within Art 471, " Sec. 15, of the Penal Code by Tirtue of Aits. 3 and 4, "title xL, of the law of the 16th-24th August, 1790, and "Art. 46, title i., of the law of the 19th-23rd July, 1791, " and, therefore, the misconduct imputed to the said accused " is iu no way established or proved : " The Court dismisses the summons against the accused " without subjecting them to costs." BOKDEAUX. 301 BORDEAUX. The following are the regulations written on the card Appendix. handed to the women on registration, on the reverse side of which are her first and second names, her age, country, domicile, and numher in the register, and a list of months in the year with blank spaces, one of which is to be fiUed in by the examining surgeon each week throughout the year. It will appear from these regulations how far the method differs from that pursued at Paris : — I. — Moral Police. 1. Common women axe forbidden — (1) To leave their residence after ten o'clock in the evening. (2) To appear on the public promenades. (3) To stop in the streets or in public places, or to traverse them in a garment likely to attract attention. (4) To stop when funerals are passing. (5) To speak to passers by. (6) To present themselves in front of their houses. (7) To make obscene proposals. (8) To invite men to come to them — even by signs. (9) To exhibit themselves in public in a state of drunk- enness. (10) To present themselves before the barracks and the guard-houses ; to accost soldiers, or to receive them after the hour at which they should return to barracks. 2. Common women who contravene the provisions of the preceding article and who conduct themselves in a way to cause disorder will be at once arrested and taken before 302 LAWS FOE THE EEGULATION OF VICE. Appendix, the Courts, if there is an opportunity for it, or at least detained in confinement by way of punishment. 3. Common women must always have their cards with them and show them whenever required. 4. Any woman who shall he found in possession of another woman's card will be imprisoned for as many days as the police think necessary in view of the motive which led to the offence. 5. Common women, whenever they change their abode, are bound to make a declaration to that effect at the office of Public Morals within twenty-four hours. This regulation is binding even upon women who are temporarily exempted from the sanitary visits. The streets bordering on the Hotel of the Military Division, the Hotel de VUle, or other public establishments, are pro- hibited to public women. II. — Medical Police. 6. Common women are subject, once a week, to an examination (la visile) by appointed medical men iu order to verify their healthy condition. Independently of these examinations, they wUl be except tionaUy examiaed as often as it is deemed necessary. 7. A woman on being examined is bound to produce her card to the medical attendant, who wiU affix his seal if she is healthy. [This is really done by the police agent. — Jeannel, p. 416]. If she is found or suspected to be infected with a venereal disease, she is sent to the office of Public Morals in order to be taken to the Hospital of St. John. Her card, retained on her entry into the Hospital of St. John, is restored to her on her exit from it. 8. Common women who neglect to present themselves for examination wiU be held suspected of having a venereal disease, and detained in confinement as long as it shaU be held neces- sary in order to ascertaiu their physical condition, or by Avay of punishment. 9. Every common woman placed in confinement at a BOEDEAtJX. 303 station-house on whatever ground mil be subjected to a Appendix. medical examination. 10. Common women known to be infected with venereal diseases, to whatever category they belong, are sent to the Hospital of St. John in order to be there treated till they are completely cured, and they can never be tended anywhere but in that hospital. Dr. Jeannel (p. 412) says that ptmctuality at the medical examinations is practicEiUy secured at Bordeaux by a method invented by himself. The attendances are gratuitous on Tuesdays and Wednesdays from nine o'clock to eleven o'clock -in the morning, and any woman who does not present herseH when obliged to do so on one or other of these days, and at this time, it liable to imprisonment for twenty-four hours. But the imprisonment is not inflicted at once, and it can be bought off on payment of seventy-five centimes by the women if they attend for examination on the Friday, or by the pay- ment of two francs if they attend on the Saturday. 304 LAWS FOR THE KEGTJLATION OF VICE. Appedsix. MARSEILLES. The following are regulations now in force : — 1 . The police service of public morals is placed under the direction of a Commissary of Police, chief of the office, assisted by an inspector and seven agents. 2. This functionary is charged with the duty of seeing to the execution of the police regulations respecting the repres- sion of clandestine prostitution, common women, tolerated houses, and furnished lodgings where women of bad Kfe reside. 3. Any one who desires to set up a tolerated house, or to keep furnished lodgings for the accommodation of registered women, must be provided with a licence. 4. Every demand for a licence to provide lodgings for registered women or to set up a tolerated house is communi- cated to the special Commissary of Public Morals j he trans- mits it, with his observations and his opinion, to the Central Commissary whose duty it is to send it on to us {Prefect or Mayor). 5. Tolerated houses and furnished lodgings where re- gistered women reside must be provided with two entrance doors, and have their sashes padlocked. 6. Every woman who is notoriously known to give herself up to prostitution will be inscribed on a register kept for that purpose by the special Commissary of Public Morals. This inscription will be directed by us to take place on his report, and on hearing the opinion of the Central Commissary. 7. Registered women are expressly forbidden to appear on the public promenades, in the theatres, and in the cafis chantants; they are forbidden to station themselves in the public thoroughfares, to walk about after sunset, to form themselves into groups there, to walk up and down within a MARSEILLES. 305 narrow space, to speak to passers-by, to attract them or call Appendix. them loj signs, or in any other way to cause themselves there General to be accosted or followed by them. Regulations. 8. Any registered woman who wishes to be dismissed from the register must address to us a request, in reference to which a suitable decision will be arrived at on the report of the special Commissary of Public Manners and on the opinion of the Central Commissary. 9. The women are ordered to avoid in their attire every- thing that could wound feelings of decency and modesty. 10. All registered women are subject to medical examina- tion (la visite) once a week iii order to ascertain their sani- tary condition. 11. Registered women are divided into five sections; they are examined from ten o'clock to one on Mondays, Tuesdays, Wednesdays, Eridays, and Saturdays, either at the existing dispensary or at that which is to be set up at the Eeboule comer. 12. The payment due from every woman for the expense of the examinations is fifty centimes, one franc, or two francs, according to the place and the days where and when the examination takes place and the class to which the women belong. Those who pay fifty centimes will be examined on Mondays and Tuesdays in tlie present dis- pensary. Those who pay one franc will be examined on Wednesdays and Fridays at the dispensary at the Eeboule comer. Those who pay two francs will be examined on Saturdays at the same dispensary. Women arrested for giving themselves up to clandestine prostitution and for not being registered are exempted from this payment. The last two articles deal with minute details, which are constantly changing, and have, in fact, imdergone some slight modifications since this extract was made. X 306 LAWS FOR THE REGULATION OF VICE. Appendix. INTEEEOGATOEY OF A WOMAN APPEAEING FOE THE ElEST TIME AT THE OPFICE UPOISr CHAEGE OF PEOSTITUTIOK Maeseilles, 187 Mayoralty of Maeseilles. Sanitai-!/ Sei-vice. Description ; Pigiu-e, Hair, Foreh,ead, Eyebrows, Eyes, Nose, Mouth, Chin. Appearance, Complexion. Peculiar marks. Dociunents appended. 1st. What are her name and Christian names ? 2nd. Her age ? 3rd. The name of the com- mune and the department where she was bom ? . . . . 4th. The date of her birth ? 5th. The names of her father and mother ? 6th. Are they living, where do they live, and what is their occupation ? 7th. What is her business : does she work at It ? .... 8th. What is her present domicile ? 9th. Her fonner domiciles ? 10th. Where did she leave her family, and how long ago? 11th. Has she lived long at Mai-seiUes? 12th. Where did she live before? MARSEILLES. 307 Form of Interrogatory — contimied. Appendix. MATOnALTY OF Marseilles. 13th. Is she married, single, or a widow ? Hth. Has she children, and how many? 15th. Can she read and write? 16th. Has she already been a jille sotimise, either at Marseilles or elsewhere ? . 17th. Does she admit the facts of the prostitution with which she is charged? 18th. Doeasheohjecttoher registration as fills sou- mise? 19th. Has she ^eady been infected by venereal dis- ease and treated for it ?. . 20th. Has she been pre- viously sentenced ? 21st. Does she at present . consent to the vUite, and what is her state of health? 22nd. Does she possess pa- pers and of what do they consist ? 23rd. Names of the ofl&cers who have watched and detained her ? 24th. R&swine of the infor- mation obtained offi- cially? X 2 308 LAWS FOE THE REGULATION OF VICE. Appendix. EEGTILATION OF THE POLICE OF THE INTEEIOE FOE THE WAEDS OF PEOSTITIJTES SUFFEEIXG FEOM VEISTEEEAL DISEASE. (L'H6pital de liA Conception de jMaeseilles.) Article 1. The sick -woineii are forbidden without per- mission to leave the ward which shall have been assigned them on entering the hospital. Article 2. They shall wear the uniform of the establish- ment as it is dehvered to them, and they shall use it with care, all damage being charged to them. They shall be permitted to use their own body linen if they prefer it to that furnished by the establishment. Of all other property that they shall have brought with them an inventory shall be taken, and this property shall be placed in the wardrobe, and only returned at the time of departure. Article 3. For washing the body-Hnen of women suffering from venereal disease provision will be made by a commis- sioner appointed by the superintendent officer. Article 4. No packet may be despatched or received unless previously examined by the superintendent officer. Article 5. The superintendent officer may authorise the introduction into the establishment of food from without, but this authority must always be exercised with extreme caution. AH salt meat, pork in every form, and all liquids containing more or less alcohol are absolutely excluded. Article 6. Whatever articles axe purchased through the agency of the commissioners appointed by the superintendent officer can only be delivered upon receipt of their price. Article 7. All the women must take their meals in the refectory, with the exception of such as are confined to their beds in compliance with the directions of the medical officer. The women of each ward shall repair thither in succession at stated houi-s. Article 8. The women whose state of health permits MARSEILLES. 309 manual labour shall be occupied in the work-rooms in sewing Appendix. and making garments for use in the hospitals. ~ T ~~ _ IrOLlCE xvEGU- For their encouragement, a remuneration shall be allowed lations foe in accordance with the followina tariff : ^■*'"°^ '" ° Makseillbs . Hospital. Making a cap ten centimes. „ a chemise fifty ,, „ a skirt „ „ „ a dress one franc „ a cloak one franc, twenty-five centimes. „ a pair of drawers fifty centimes ,, a vest „ „ The price for the making of articles shaU be paid imme- diately upon delivery. In cases where other articles are made, the price shall be determined by a supplementary tariff. All pieces of work must be returned weU made. The hospital board will furnish thread, needles, and all other articles necessary for needlework Article 9. Two hours' exercise shall be granted daily to the patients in the yard of the building specially appropriated to the use of women suffering from venereal disease ; one hour in the morning and one in the evening. The superintendent officer shall determine these hours ac- cording to the season, in such maimer that they shall be dif- ferent for the patients of each ward. Article 10. All the women received into the establish- ment shall be obliged to use the greatest reserve and de- cency in their actions and words. Those who disturb order, or who infringe in any other way upon the present regulations, shall suffer the following penal- ties : — (1.) Deprivation of wine. (2.) Eestriction to bread and water. (3.) Imprisonment. These penalties shall be inflicted by the superintendent officer j he shall refer immediately to the board, who may take severer measures according to the gravity of the case. 310 LAWS FOR THE REGULATION OF VICE. Appendix. Police Regu- lations FOE Wards in Mabseilles Hospital. Article 11. In all cases the superintendent officer is authorised to appeal to the executive power when he shall consider it expedient, especially to the intervention of the commissioner of police for the arrondissement, and, in con- cert with this functionary, he shall take effectual measures for restoring and maintaining order La the establishment. The present regulations shall be posted in all the wards appropriated to the use of women infected by venereal disease. Resolved and published by the administrative commission, July 11th, 1863. Signed by the official in charge. BREST. 311 BREST. The arrangements made at the sea-port town of Brest are Appendix. chiefly interesting for the parallel they present with the oo- operation which, under the English Acts, is brought about between the British Admiralty and the Municipal Govern- ments of the several sea-port towns to which the Acts apply. On the 26th of December, 1871, an agreement was concluded between the MunicipaUty of Brest and the Public Department of the Marine and of "War for organising a special service in order to keep off venereal diseases. The Martae Department contributes 3,000 francs, and that of War 1,500, " in order to "assist the town in paying for a commissary of police and " special inspectors charged with the task of keeping a ' sur- " ' veUlance ' over prostitution, as well as a civil medical at- " tendant charged with the duty of examining prostitutes, in " accordance with regulations analogous to those which are "in force in the other great towns of France." — (Jeannel, p. 408). 812 LAWS FOR THE REGULATION OF VICE. NANTES. Appendix. The regulations in Xantes are iaterestiag from the laboured judicial reasoning by which they were first introduced. The following is a verbatim translation of jiart of the municipal decree of 31 December, 1838, by which the regulations first came into force. I\IAIEIE OF THE TOW:^- OF Is^AK^TES. Decree Concerning the Supervision and jNIedical Tkeat:iiext of Common Women. "\Ye, ]\layor of K'antes, Chevalier of the Legion of Honour, takiag into consideration the laws of the 14th-22nd of December, 1789; 16th-24th August, 1790 j 10th July, 1790 ; 19th-22nd of the same month, Title I. (Art. 10 and 46); Takiag into consideration the Government decree of the 5tli of brumaire, an. IX (27th October, 1806), and the decree of the 28th of fructodor, an. XII, (10th September, 1805). Taking into consideration Articles 270, 271, 273, 330, 331, 332, 33-i, 335, 336, 337, 338, 339, 340, 471, 475, 479 and 480 of the Penal Code ; taking into consideration Article 1834 of the CivU Code ; considering that the 50th Article of the law of 14th-22nd of December, 1789, and the third article of Title XI. of the law of the 16th-24th of August, 1790, confides in us the care of preventing whatever may impair public order in the city, or threaten tranquillity or the honour of private f amiles ; considering that it results from Article 52., Tit. III. of the law of July, 1791, that all women or giiis who notoriously lead a life of profligacy " place themselves in an esceptional situation ; considering " that houses of prostitution and profligacy are generally NANTES. 313 " refuges for suspected persons, and places wliere the purse Appendix. " and even the life of those who frequent them are often z; IjFO'RFP CON- " exposed to risks ; considering that, far from authorising cbbning "houses of profligacy and protecting the individuals who Supbbvision keep such places, the laws have always mvoked agamst them Treatment " a constant and vigilant exercise of authority and police op Women " activity, and commanded the instant and severe repression " of all scandalous acts which might menace puhHc morality ; " considering that the toleration which allows of the existence " of such places in populous towns justifies itself only by the " necessity of avoiding a greater evil ; that, consequently, the "municipal authority is incontestably invested with " authority with the right to interpose all the conditions or " restrictions it judges necessary or simply useful," &c. &c. m LAWS FOR THE UEGULATION OF VICE. BEELIN. Appendix. Eecent HiSTOBT. The German Penal Code, s. 180. It is well known that the licensing system has been exposed to more vicissitudes in Germany than anjrwhere else, and is now passing through a specially critical stage, which seems to point to its early abolition. In 1853 an elaborate code of regulations was promulgated, on the recommendation of a special Commission of Pubhc Morals appointed in 1850 to act with the Police Department, but the chief provisions of this code have long been obsolete owing to the abolition of licensed brothels in 1855. Mr. Acton was assisted by Lord Clarendon in procuring, through the British diplomatic authorities, an exact state- ment of the regulations in force in 1868, and there does not seem to have been any substantial change in them between that year and the present, though (as was seen in a previous chapter of this work) the revision of the German Penal Code, which is now being proceeded with, led in the past year (1876) to an attempt, not only to introduce the system of licensed brothels, but to make them a legal institution of the Empire. The 180th section of the Penal Code now stands as follows : — " Any one who facilitates profligacy, either habitually or " for a special purpose of his own, whether by acting as an " intermediate agent, or by patronizing or providing oppor- " tunities for it, is liable to imprisonment as a panderer to vice : " the offender is fm-ther liable to lose his civil rights, and " placed under the surveillance of the police." Dr. Zum and five other physicians combined to recommend the addition of a clause to the efl;ect that the above provision should not apply " where any one facilitates the profligacy of " a woman who is subject to the surveillance of the police as a " notorious prostitute," excepting in cases of fraud, and offences against wards, and persons under guardianship BERLIN. 815 generally, specially contemplated by the next clause in the appendix. existins; Code. The 361st section of the Penal Code punishes with im- The Gekman pi'isomnent " any woman who, contrary io police regulatimid, ^^«g}' '-'°°^' " notoriously gives herself to prostitution." The Government proposed to amend this clause so as to make it stand as follows : — " Any woman is liable to imprisonment who, placed under " the surveillance of the police as being notoriously given to " prostitution, acts contrary to the regulations made for the " purposes of health, order and public morals, or who, without " being placed under the surveillance of the police, notoriously " gives herself to prostitution." Dr. Zirin and his party desired further to add a clause in Dk. Zinn's support of licensed brothels to the effect that aU. persons _4^bndment acting as interm.ediate agents, favouring, or providing oppor- on Bkothels. tunities for the profligacy of a woman subject to police sur- veillance as a notorious prostitute, will be liable to imprison- ment if they contravene the regulations of the police or have not a licence frmn them. All these amendments are said to have been rejected ; but the history of them is instructive for other reasons than because they afford the clearest view of the present state of the law. Of course, the question here was not whether a precarious existence, dependent on the wiU of the police, should or not be any longer extended to brothels in such towns as Berlin and Hamburg, but whether the inherent illegality of them should continue to be stamped on the general law of the Empire, or whether, in place of this absolute illegality, there should be substituted the relative illegality of them when not complying with certain conditions. At Berlin, the police are, it would appear, to be in the habit of placing all lodging-houses they have reason to believe to be brothels under a system of periodical medical examinations, and until last year, at Ham- burg, a very precise and rigorous police code regulated brothels generally. Mr. Acton inserts, by the courtesy of Lord Clarendon, a copy of a despatch to the English Government on the subject of the police regulations in Berlin. The following are rele- vant extracts from this important document i — 316 LAWS FOR THE EEGtILATION OF VICE. Appendix. Police Fokm used in case OP Suspected Women. '■' Women notoriously addicted, to prostitution, who have " either been judicially condemned for professional harlotry, " or who confessedly lead a life of clandestine prostitution, or " who have been seen several tunes walking in the streets in " company with other known prostitutes, or who have been " in the Charite Hospital here under treatment for syphdis, " are placed under the control of the sanitary police, and are " obliged to present themselves regularly once a week to be " medically examined. They receive directions as to their^ " outward behaviour, and are subjected to the restrictions " suited to the particular requirements of the place. Women " who are found on medical examination to be infected with " syphilitic disease are immediately received into the CharitS " HospitaL " Prostitutes transgressing the regulations, unless the case " is one which faUs within reach of the ordinary laws, and " therefore is one for judicial cognizance, are examined on the " charge as reported by the executive officer, and are either " dismissed with a warning, or, on a repetition of the offence, " a committal briefly stating the reasons is made out, and " they are sent to the prison by an exercise of executive " authority for a period not exceeding four weoks." . . . The subjoined police-form shows the method of dealing with women who, though not actually enrolled in the police lists of prostitutes, behave ia such a manner as to subject them- selves to grave suspicion : BEELIN. Date. This day appeared, kno'mi by nobody ; from age ; residiag at " She was iaformed that, as she was strongly suspected of " an immoral way of liviag, she was forbidden : — " 1. To entice male persons to her lodgings through " words, wiaks, signs, or any other announcement " (for instance, showing a lamp or light), either " from the window or from the door. " 2. To make herself conspicuous, or to entice men BEKLIN. 317 " tlirough -words, speech, or signs in public places, Appendix. " in the streets, in squares, in the theatre, or any " other puhlic buUdiags. " 3. To enter the lodgings of people suspected of being " procurers, or who have been already punished for " this misdemeanour. "4. To go about in the neighbourhood of barracks, " military buUdings, the ' Park of Invalids,' and " any other places much frequented by soldiers. " 5. To take lodgings in the neighbourhood of churches, " schools, and royal buildings, as well as to enter " ground floor habitations. "6. To go into the boxes of the first range in any " theatre, except the pit of the royal theatre, and " the Krollsche Local " (a kind of Vauxhall). " This ordinance will be enforced by a punishment of up to " four weeks' police imprisonment, pronounced according to " the instructions of the Government, dated the 23rd of " October, 1807, and the Ordinance of 26th of December " 1808." 318 LAWS FOR THE REGULATION OF VICE. HAMBUEG. Appendix. Licensing of Beothels abolished. Recent Con- dition OE Hambubg. The system, in respect of licensed houses, has within the past year undergone an important change in Hamburg and all other German towns. The practice of Hceniiing brothels has been abolished. The law faculties of the German Uni- versities were consulted as to whether the public recognition of houses used for immoral purposes was compatible with a strict appHcation of accepted doctrines ia favour of the removal of all restrictions from honest industries and trades. The general answer was in the negative, and aU the licences were withdrawn. Nevertheless, the condition of Hamburg was, only lately, so characteristic of the system that it is worth while recurring to its form in that town before the recent formal change. " The system at present in force " (says Mr, Acton, writing in 1870) "was initiated by the town itself in 1807, im- " proved upon under the French occupation in 1811, and " finally settled in 1834. It is of great length, and minute, " as might be expected, in the extreme.'' The following are some of the regulations which, for the present purpose, are most worth citing : — " All brothel keepers, male and female, and registered " women should bear in mind that their profession is only " tolerated, not allowed or even authorized or approved of. " StiU less have they reason to beheve that their profession " is to be put on a par with other authorised professions, " because a tax is levied upon them, or to brave on that " account other honest citizens. They must always remember " that this tax is levied only to defray the necessary expenses " of their poKce supervision, and the cure of the diseases " which common women bring upon themselves by their " blameable way of living, and therefore they must on all " occasions be neither impudent nor overbearing, but modest HAMBUEG. 319 " and especially must they behave themselves in a docile Appendix. " manner towards the police officers and their regnlations," Places, other than authorised brothels, where meetings between men and women talse place for purposes of cohabi- tation will not in future be tolerated, if — 1. The keepers, male and female, have not been duly registered. 2. At least one registered woman does not live there. 3. Any but registered women are admitted. ISTo keeper, either of this or another sort, is to allow other girls or women to meet men at his house under penalty of heavy punishment or withdrawal of the licence. It is ordered that women may claim ia their account (for one visit in an extra room, which visit does not last over half-an- hour) — 1st Class, no more than 1 dol. (4s. 7d.) ; and for every hour further also 1 dol. per hour. 2nd Class, one half. 1S.Q consideration is hereby taken of any further claims in consequence of demands made on them by their visitors. Women are strictly forbidden to undress in the guest-room ; this tariff to be posted in all rooms, and is to be produced at the request of each guest. It is strictly forbidden to the keeper and to the women to give credit to guests, and they must observe that they are not allowed the right to bring an action before the civU authorities on such a claim. If it comes to be known that they have given credit, they will be, according to the circumstances, severely punished, besides losing their claim. Ko keeper or registered woman is to extort money from or offer violence to a visitor, or to receive any articles in pledge. In return, they have the right to cause to be taken into custody visitors who wiU not or cannot pay anything, or with whom they cannot agree as to payment. Public women must submit themselves twice a week for medical inspection, which, whenever practicable, is to take 320 LAWS FOR THE REGULATION OF VICE. App£ndix. place at their residence and in the morning. The violation of these regidations entails a week's imprisonment, and under aggravating circumstances a more severe punishment. The tax upon women amounts to 8, 6, and imarks (12s. 3d., 9s. 2d., 6s. Id.) per month, according to the class of the keeper and the women. If the tax is not paid and cannot be collected, the licence wOl be withdrawn from the keeper or from the woman, or, if a foreigner, she will be sent away from the town. The tax must be paid in the first fortnight of each month. A receipt is given on a ticket which is paid for at a smaU. fixed price, and the loss of which is punishable by a fine of about 3s., or forty-eight hours' imprisonment. The tariff for drinks must be posted in all the rooms of a brothel and shown to each visitor. [Tariff given.] VIENNA. 321 VIENNA. Mr. Aeton is here again able, to give the words of a des- Appendix. patch relating to prostitution in Vienna forwarded to the ~ English Government by the Imperial and Eoyal Ministry for Foreign Affairs, and derived in part from the Ministry of the Interior. From this despatch, dated March 19th, 1869, Despatch to it appears that, " No registry of prostitution is kept in English ,,„. „ , ° ''. . ,„.,.;, Government, Vienna, as allurement and pimping, and fraud m aUure- March 19th, "ment, are forbidden by the laws of March 27th, 1852 18^^- " (Eegulation ISo. 117). To prevent as much as possible the spread of syphilis by common women in the large towns, and " especially in Vienna, the agents of the police occasionally " make visits, and have the common women who are arrested "medically examined, and if found to be iU of syphilis, "sent to the hospitals to be cured. In these establish- " ments no separate beds are kept for the treatment of prosti- "tutes suffering from syphilis; as a rule they come together " with the rest of the syphUitic women in the same hospital" In the army, says the same despatch, all the men, from the sergeant downwards, inclusive of officers' servants, are examined once a week by a medical officer, for the purpose of ascertaining whether they are suffering from syphilis or itch. Moreover, the soldier is taught to consider it his duty to report at once any illness of this nature. All men found suffering from syphilis are sent to hospital, and are moreover asked whether they are disposed to state the name of the person whom they believe to have given them the disease, and, in case they consent, notice is given to the proper autho- rity, in order that further official steps may be taken. In Mr. WHde's work on the Institutions of Austria, Me. Wilde quoted by Mr. Acton, it is said (pp. 313, 314) that, " Public o^ '^be Institutions " brothels are not tolerated by the police, and common women qe Austria." " are sent into houses of correction ; this,, however, is but the Y 322 LAWS FOE THE EEGULATION OF VICE. Appendix. " letter of the law, not the practice ; for though it has been ~ „ " stated that, owing to the present condition of morality, ON THE " such persons are not required in that country, yet the lowest 'Institutions «g^]^g^^|.j^gjj^ ^jjjj^^g ^j^^g numher of common women in the OF Adsteia. " capital to be 1 5,000. It is, however, much to be admired that " the same disgusting exhibitions which are ■witnessed in the " capitals of Great Britain are not permitted by the Austrian " police : all persons considered of an improper character, " when found in the streets after a certain hour, are con- " ducted to the police office ; and if, on examination, they are " found to be diseased, they are at once sent into hospital. " Common women are not Hcensed in Austria, but the poHce " have the power of entering their dwellings, accompanied by " one of the pohce physicians, and if they are indisposed of " compelling them to go into hospital." COPENHAGEN. 323 COPENHAGEN. The regulations at this place are on the same general Appendix. footing as in Paris. In the third edition of Parent- ^ ^^^^^ Duchatelet's work is contained a paper on the subject by stkcp, M. Braestrup, Director of Police at Copenhagen. After ^™™°" °'' noticing that the Code of Christian V., in 1683, was simply repressive, he goes on to say, " The general administration " has not only tacitly tolerated the existence of prostitution, " but it has given it indirectly a sort of sanction by a "royal ordinance dated the 9th of March, 1809, which has " remained iu force since that time. The situation of the " co m mon women does not consequently depend upon any " legal provisions ; they are placed under the discretionary " authority of the police, which has insensibly acquired the " control of prostitution, as was demanded by public morality, "security, and health." Brothels are not publicly licensed, and there are periodical examinations of registered prosti- tutes once a fortnight. y2 324 LAWS FOR THE KEGtTLATION OF VICE. Ajppendix. MADEID. The regulations in force at Madrid are dated tlie 5tli of Ifovember, 1865. The recent accession of tlie new King Alphonso was not an event likely to affect tliis part of tke law (Jeannel : 467.) The following are extracted from the regulations : — " The Government of the province of Madrid comprises " a section of special hygiene devoted to the sur- " veillanoe and repression of prostitution under the " Governor's direction.'' Eegistered T\"omen. Kegisteation. j^ women must he registered who Hve habitually by a vile trade in their persons. They are divided into two classes. 1. "Women who have a fixed abode in tolerated houses. 2. Women who have a private abode, and practise prosti- tution there or in tolerated houses ; they are called " free " prostitutes. The mistresses of tolerated houses and their servants are comprised in the first class and are subject to all the regula- tions which are imposed on prostitutes. The servants of free prostitutes are likewise registered, but only if they practise prostitution like their mistresses. Eegistration is always voluntary without detriment to the rights of third persons over the registered woman, and without diminishing her own general civU or criminal responsibility. At the time of registration the woman will receive a card of health after a form approved by us. This card is designed to mark the result of the sanitary examinations. A woman who, before she is registered, declares she has been seduced, did not know the consequences of her act, and MADRID. 325 intends to lead an honest life, will be restored to her family, or Appendix. sent to an institution designed to take the place of the general family. Provisions Each registration ■will he accompanied by a statement of tkation and the police, for the purpose of checking the woman's own Police assertions, and collecting all the information that is thought needful with respect to the degree of her moral perversity. Eegistered women are subjected to ordinary and extra- ordinary medical inspections, as provided by the regulations ; and, furthermore, to those which are prescribed by a competent authority, as well as to all the measures designed to arrest the physical evils and scandals resulting from their infamous trade. Prostitutes are forbidden to frequent public places and promenades at the hours at which they are frequented by the public, to let it be known what they are, and to occasion scandals by their presence. They are even forbidden to show themselves in the streets in a dress which might cause remark or distinguish them from respectable women; to congregate more than two and two together, to stop to talk with men, to stay at their entrance gate or window, so as to allure passers- by, or to commit any other act likely to be an oifence to morality and public decency. Any one who wishes to abandon prostitution and give up her sanitary card, must present a request to the Governor, accompanied with evidence that she has been leading for some time past a regular life, that she has given up aU her irregular relationships, that she has the means of obtaining a liveUhood ; finally, she must be able to point to a respectable person who will be surety for her good conduct. Medical Inspection. The cm-jys of sanitary physicians are charged with the duty Medical of examination and of medical and hygienic surveillance of ''spection. persons and dwellings, under the immediate orders of the chief physician, who is in correspondence with the governors of the province, and addresses to him his reports on the service. The sanitary physicians attend twice a week in the tolerated houses of their districts for the purpose — 326 LAWS FOR THE REGULATION OF VICE. Appendix. Medical iNSPECTIOir. 1. Of ascertaining the sanitary condition of all registered women, and entering a report of it on their cards. 2. Of iaspecting the houses from a hygienic point of view. 3. Of causing to be arrested every unregistered woman who is found in a tolerated house as well as every registered woman who is affected with disease ; the latter to he taken to the Hospital of St. John-of-God by the police agents who accompany the physician. The examiaations of free prostitutes will take place at their own dwelling, or at a tolerated house, according as they shall have given notice the week before. As to women attached to a house, they will be examined in the house ia which they reside. The dues arising from sanitary examiaations, the sale of cards, and the third part of fines (inflicted on mistresses of houses and prostitutes) form a special fund for meeting the personal and material expenses of the service, or of any other special service connected with surveillance that the Governor may iustitute. A tax is exacted from the keepers of the houses, a higher amount beiug exacted in respect of those in which women do not reside, and the residents being assessed per head. Each woman is personally examined twice a week and one of these examinations is of the most searching and comprehensive kind. ITALY. 327 ITALY. February 15, 1860. The Minister op the Intebior, In view of the Article 119 of the Law of the 15th of Appendix. November, 1859, on Public Security, and the Article 65 of ' the " Eegolamento " for its execution, approved by a Eoyal Decree, dated the 8th of January, 1860 : We have resolved and do resolve, that the adjoined Eegolamento on Prostitution to be carried into effect from the first of the next month of AprU be approved, and that from that time all the previous regulations be abolished. Given from the Cabinet of the Interior, Turin, February 15th, 1860. C. Cavodr, Minister of the Interior. Section I. — Of the Sanitary Office. Art. 1. In the chief towns of provinces and depart- ments a sanitary office, dependent on the " Office of Public " Safety " shall be established. . Where it may appear ex- pedient, this office shall be established in connection with the Authorities charged with the Public Safety. The business of this office is the supervision of prostitutes. Art. 2. A delegate of public safety presides as director over the sanitary office in the cities of Turin, Genoa, and Milan. He shall also exercise the functions of an accountant, and it shall be his duty to proceed against prostitutes, procurers, and brothel-keepers for any infraction of the present Eegulation. Art. 3. To the Sanitary Office there are attached policemen, in such numbers as the interest of the service 328 LAWS FOR THE EEGULATION OF VICE. Appendix, demands, chosen from among those most distinguished for activity, good conduct, and honesty. The SANiTABt Art. 4. The police attached to the Sanitary Office must Office. exercise an active and continuous supervision over brothels, solitary prostitutes (those dwelling in private houses), pro- curers, and clandestiue prostitution; they must obey all orders which, for the exact performance of the service, may be given to them by the director of the. Sanitary Office, and must render to him an exact account of all their operations. Art. 5. Policemen who, through negligence or comiivance with prostitutes, shall fail in the performance of their duty, shall be punished by arrest, either in barracks or in the House of Correction, according to the gravity of the fault, ia conformity with the regulation approved by the Eoyal Decree of January the 16th, 1860, and shaU iuvariably be recalled to the ordinary service. He who under any pretence shall receive money or presents from brothel-keepers, prostitutes, or any person on their behalf, shall be punished with dismissal. Art. 6. Rewards shall be given to such of the police attached to the sanitary office as, by zeal in the service or by exemplary conduct, shall prove themselves worthy of reward. Section II. — Of the Sanitary Service. Art. 7. In Turin, Genoa, and Milan the sanitary service is directed by an inspector. The sanitary inspector of Turin has the title of chief inspector, and watches over the execu- tion of the hygienic provisions intended to prevent the diffusion of venereal diseases throughout the kingdom. Ho may propose the establishment of sanitary offices in any city in which he may believe them useful ; he may advise the Minister in the selection of surgeons to be appointed to these offices; and, jointly with the other inspectors, shall take every precaution to insure the public health being protected in the best manner possible. Art. 8. The chief inspector may be specially charged with the direction of the sanitary service in the provinces which ITALY. 329 the Minister may think well to confide to his particular Appendix. supervision. Art. 9. The inspectors are also intrusted with the direc- The Sanitary tion of the female syphilitic hospital, or at least with its Service. sanitary management. Art. 10. The inspectors present yearly to the Minister a report, showing the results obtained by the hygienic pro- visions prescribed by this Eegulation. Art. 11. To each sanitary office are attached a sufficient ' number of doctors, charged with the examination of prosti- tutes, in order that all registered women may be regularly and thoroughly examined. They are in direct relations with the inspector as regards all matters concerning the sanitary service of the prostitutes. An assistant surgeon may also be appointed in cities in which the chief inspector shall deem one necessary. Art. 12. In case of legitimate hindrance, the surgeons intrusted with the sanitary inspection of prostitutes may fill each other's place, or may have their place supplied by another surgeon, subject always to the consent of the sanitary inspector. In offices to which an assistant surgeon is attached, he acts as the substitute of the regular surgeons. Art. 13. The examining surgeons shall take part in the examinations {alia visita) at the syphilitic hospital once every week. Art. 14. The examining surgeons may not treat any prostitute suffering from syphilis or any other malady, neither shaU they receive payment from the same, nor from any per- son on her behalf. They shall exercise the greatest dUi- gence, punctuality, and delicacy in the discharge of the duty imposed upon them of protecting the public health against all injury. Art. 15. The examining surgeons must abstain from treat- ing medically brothel-keepers or persons in their employment. Art. 16. The inspectors and the visiting and assistant surgeons attached to the sanitary offices are appointed by the Ministry of the Interior for three years, and are eligible for re-appointment. They are divided into classes, and shall be entitled to the emoluments fixed in the annexed table according to the class to which they may belong. 330 LAWS FOR THE REGULATION OF VICE. Asmmix. Section III.— 0/ Prostitutes. Eeqistkation ^t. 17. All -womeii who notoriously practise prostitu- OF Prosti- . ....,,. TUTES. tion are considered as prostitutes, and are divided into two categories : — 1. Prostitutes dwelling in licensed brothels. 2. Solitary prostitutes {le nieretrici isolate) ; viz., those living in a private residence. The authorisation permitting a prostitute to remain in a private dwelling shall he conceded by the Questor, or by the Authorities charged with the Public Safety, with great caution and always conditionally on the consent of the proprietor of the house. Art. 18. All prostitutes must be registered {inscritte) at the Sanitary Office. Art. 19. The registration of a woman as a prostitute may take place either at her request or officially (d'ufficio). The official registration shall take place when it is notorious or proved that the woman has given herself up to prostitution. Art. 20. Non-registered prostitutes shall be summoned to the Sanitary Office, and, in case of disobedience, on the authorisation of the Questor or the Authorities charged witJi the Public Safety, they shall be brought hither for registration. Art. 21. For each official registration a minute shall be draivn up, setting forth circumstantially the motives which induced the office to inscribe the woman on the register of prostitutes. In it express mention shall be made that the woman has been uiformed of all the provisions of this Eegula- tion with which she is concerned. Art. 22. In the register shall be entered the name, sur- name, age, and country of the woman, and whether unmarried, married, or a widow ; the description of her appearance, the name and surname of her parents, her means, calling, and habitation. This register must be kept with the greatest care, and in accordance with Form No. 1. Art. 23. At the time of registration the woman must immediately submit to examination. Art. 24. The passport, with the certificate of bii'tli and the other papers relating to the civil status of the woman ITALY. 331 registered, are deposited with the office and carefully pre- Appendix. served. If the woman has no regular papers they shall be ' procured by means of inquiries instituted to ascertain her Conteol of identity. Pbostitutes. Art. 25. If, from the interrogatories addressed to the woman at the time it shall appear that she has em- braced a career of prostitution without having calculated the importance of the step, or not of her own free-will, and that she desires to abandon it, her family shall be immediately informed of the fact. In case of a woman not being able to return to her family, and desiring to be received into a peni- tentiary, the Office shall endeavour to facilitate her reception, takittg due care that if she should leave the penitentiary before the expiration of a year, she shall not escape the supervision of the Sanitary Office. Art. 26. Every prostitute, at the moment of registration, shall receive a book containing such articles of this Eegula- tion as may concern her, the description of her appearance, and all other details relating to her. In the book shall be entered the sanitary examinations undergone, the name of the brothel to which the woman is attached, and, if soUtary, the place of her abode. The books shall be stamped on a uniform pattern by the Ministry of the Interior. Art. 27. Prostitutes are absolutely forbidden to give their book to others. They must always keep it close at hand, and show it whenever required to do so by the police agents. If they lose it, they must immediately provide themselves with another, on which the fact of its being a duplicate shall be marked. Art. 28. Every prostitute, whether living in a brothel or in a private house, if she wishes to change her abode, must first request the permission of the Questor or the Authorities charged with the Public Safety through the Office, which will give its opinion on her request. The permission to prostitutes living in tolerated houses to remove into private lodgings shall be conceded only for reasons of family or health. Art. 29. A prostitute cannot change her place of resi- dence, or absent herself from it for more than three days, 832 LAWS FOR THE REGULATION OF VICE. Appendix. Police akd Medicai Control op Pkostitutbs. tnthout having obtained the assent of the Director of the Sanitary Ofi&ce. In case of a change in her place of resi- dence, the Office of the town she has quitted shall imme- diately notify the fact to the Of&ce (if one exists) of the town to which she has removed ; transmitting to it the description of her appearance and all other details concerning her. Art. 30. When a prostitute is received into a common hos- pital (ospedale civile) on account of any casual illness, she, or the keeper of the brothel to which she is attached, shall inform the Sanitary Office of the fact. In like maimer, her discharge from the hospital shall be notified to the Office, and on this occasion she shall undergo an extraordinary ex- amination. During the woman's stay in hospital, her book shall remain in the custody of the Office. Art. 31. The arrest of prostitutes or brothel-keepers ordered by the Authorities charged with the Pubhc Safety, shall be immediately notified to the Sanitary Office. In such cases, the prostitute arrested shall be subjected to an extra- ordinary special examination. Art. 32. Prostitutes are absolutely forbidden — 1. To live in the house of a vendor of spirituous liquors, wine, beer, or the like ; 2. To go out of doors indecently dressed, or in a state of intoxication ; 3. To show themselves at the windows, or to stand at the door even of their own dwellings ; 4. To stand in or frequent the principal streets, squares, and public passages ; 5. To act indecently in public places, or to make use of obscene language ; 6. To follow passengers in the street, or to solicit them by words or signs ; 7. To remain out of doors, without just cause, after eight o'clock in the evening, from the month of October to the month of March inclusive, and after ten o'clock in the other months of the year; 8. To circulate (girovagare) in the streets, especially those adjacent to their dwelling — above all in the evening. ITALY. 333 9. Prostitutes are forbidden to frequent theatres; and Appendix. such of them as shall appear there in an indecent police and fashion shall be punished. Medical A i oo TTTi CONTEOL OF Art. 65. When a registered prostitute goes to live with a Pkostituteb. private person, she shall not, on that account, be exonerated from the obligation of examination, unless the said person shaU. prove to the Office his own means of subsistence, render himself responsible for the conduct of the woman during the time she remains in his house, declare that she is not there to practise prostitution, and undertake to inform the Office when she quits it. Art. 34. When a prostitute desires to be relieved from the sanitary examination, she shall present her request to the Office, stating the new abode she intends to choose, her means of subsistence, or the occupation which is to suffice to procure them for her. Alt. 35. The woman who requests to be relieved from the ordinary examination, because she intends to abandon prostitution, shall, during three months, remain subjected to one examination weekly at the Sanitary Office, at an hour reserved exclusively for the examination of women who are candidates for this dispensation. Art. 36. The cancelling of the registration shall take place after the lapse of this period, if the conduct of the woman has always been regular ; that is to say, if it does not appear that she has continued to prostitute herself. Art. 37. The woman who, after having been relieved from sanitary examination on the security of a private person, shall return to a life of prostitution without causing herself to be registered anew, shall be considered as a clandestine prostitute, and as such be officially registered, and punished according to the gravity of the case. Alt. 38. A prostitute shall be relieved from examination if, alleging marriage, she declares her intention of abandoning prostitution. Art. 39. The prostitute who, six months after registra- tion, shall present to the Office a certificate proving that she has ^deposited a sum in the savings bank, shall receive a premium in money equal to the twentieth of the whole amount paid in, if in that period of time she has not with- 334 LAWS FOR THE REGULATION OF VICE. Appendix, drawn any sum previously deposited. If, however, the woman shall have withdrawn any sum from the savings bank, only the sums paid in eight months after shall be calculated as giving a claim to the premium. Section IV. — 0/ Brothels. Art. 40. Two categories of brothels are tolerated, viz. : — 1. Those ra which prostitutes have a fixed domicile; 2. Those to which solitary prostitutes resort for the purpose of prostitution. Art. 41. The two categories are subdivided into three classes : — To the first class shall belong brothels to which admit- tance may be obtained on jsayment of fiveliras (9(i.) and upwards. To the second, those in which the price varies between two and five liras. To the third, those in Avhich the price is less than two liras. Art. 42. The permission to open a brothel is conceded by the Authorities charged with the Public Safety. It is personal, and essentially temporary, and revocable, and shall not be conceded to any person who has been convicted of theft, or any other offence against persons or property. In the application a statement must be made of the street and the house in which it is intended to open a brothel, and the number of inmates intended for its use, the category to which it shall belong, and its tariff. The con- sent of the proprietor of the house, or of any other person interested therein must have been obtained. The candidate must undertake to submit to all the regulations of this order, as also to such provisions as may, from time to time, be deemed necessary. Art. 43. The same individual shall never be permitted to have, at one and the same time, two or more brotliols of different categories, nor to keep them by deputy. ITALY. 335 Art. 44. The Authorities will never consent to the estab- Appendix. lishinent of brothels in the frequented streets of the city, nor ~ • ii, • • -i J! 1 • i Keoulation m tlie vicmity ot educational establishments, public buildings, 01' Bbothels. or places of public worship. Art. 45. Brothel-keepers shall be under an obligation to see that the greatest cleanliness reigns in their houses, and to procure aU articles which the surgeons may order for hygienic reasons. The windows of brothels must be pro- vided with frosted {appannati) glass in winter, and with fixed and closed blinds in summer, to the height of two yards {due metri), measured from the floor of the room. Art. 46. Brothel-keepers must insure the presence of all the prostitutes attached to their house on the day and at the hour appointed for the sanitary examinations. Art. 47. Provocation to vice on the part of brothel- keepers, and of procurers and procuresses, shall be punished according to the terms of the penal code. Art. 48. Brothel-keepers shall not oppose themselves on any pretence, either by day or by night, to the visits of the police, when they may be considered necessary in the interests of the public safety. Art. 49. Brothel-keepers shall not admit any prostitute into their houses without giving immediate information of their having done so to the Sanitary Ofiice. The number of prostitutes in each brothel shall be determined by the Sanitary Ofiice. Art. 50. Brothel-keepers of both categories shall furnish to the Sanitary Office the name, surname, age, and country of the persons in their employment. When the Office shall deem it to be necessary, the female servants (under the age of forty) and the mistress of the brothel (if unmarried or living apart from her husband) can also be subjected to examination. In both cases the sanitary examination is gratuitous. Art. 51. In brothels of both categories there shall be keptj at the charge of the keeper of the same, a register, examined and vised by the Sanitary Office, on single pages of which shall be inscribed the name, surname, age, country, and last place of residence of each prostitute ; the date at which 336 LAWS FOR THE EEGULATION OF VICE. Appendix, she has entered and that at which she has quitted the brothel, r as also the new abode which, on leaving, she shaU declare KeGHLATION -LI, OP Brothels, that she has chosen. Art. 52. When a prostitute shall desire to leave a brothel, or shall be dismissed from it by its keeper, the latter shall take her to the Salutary Office, in order that the needful annotations may be added to the register and to the prosti- tute's book. Alt. 53. Every prostitute found in a brothel of either category without the prescribed book, and without the declaration mentioned in Article 49 having been made, shall be considered as practising clandestiae prostitution. The brothel-keeper in such cases shall be punished by the suspen- sion or revocation of his licence. Art. 54. At the sole charge of brothel-keepers of the iir.st category shall be : — 1. The maintenance of the prostitutes, and the cost of all articles worn by them either in the house or in the street ; the amount due for their sanitary exa- mination ; and the expenses of non-venereal disease treated in the brothel. 2. Also, whilst a prostitute is in the syphilitic hospital, her clothes, linen, and all expenses that may be incurred for the washing of the same. Art. 55. When a prostitute shall have been received into a brothel, the keeper of the same shall proceed immediately to make an inventory of the clothes and other articles belong- ing to the woman, and these shall be described in a suitable register which must be kept for the purpose. When the brothel-keeper has made any pajTnent on account of the prostitute, he shall immediately make a declaration to that eifeot to the office, and present the receipt. Art. 56. During the sojourn of a prostitute in a brothel she shall not be obliged to make use of articles belonging to her ; these must remain in the custody of the brothel-keeper and shall be restored to her when she leaves his house, along with anything that she may have acquu-ed with her own money, and whieh shall have been added to the inventory. ITALY. 337 The registers containing the inventory of articles belongiag Appendix. to prostitutes shall he verified and certified hy the Sanitary r Ofl&ce. Brothel-keepers shall not, under any pretext, lend or Brothels. money at interest to the prostitutes living in their houses, nor make any profit out of the same. Art. 57. Three-fourths of the earnings of prostitutes in brothels of the first category shall belong to the brothel- keeper, the remaining fourth shall be retained by the woman. In brothels of the second category two-thirds shall belong to the prostitute, and one-third to the brothel-keeper. The division of the entrance money shall take place fortnightly. The prostitutes who have debts to be deducted which have been recognised by the Sanitary Office, shall renounce the half of their share in payment of the said debts. The deduction shall be entered in a special register, which shaU be inspected by the Office whenever it may be thought needful. Art. 58. Brothel-keepers are absolutely forbidden to subject prostitutes to fine for any offence, or to maltreat them. Art. 59. In like manner brothel-keepers are forbidden to admit into their houses girls who have not yet attained the age of sixteen. In case of disobedience their Ucence shall be revoked. Art. 60. If any prostitute should manifest an intention to abandon prostitution, the brothel-keeper shall immediately give information of her wish to the director of the Sanitary Office, by whom she shall be encouraged to carry it into execution. In such cases the fact of the prostitute being in debt to the brothel-keeper shall not be an obstacle to her leaving the tolerated house. Art. 61. The brothel-keepers of both categories in Turin, MUan, and Genoa, shall pay to the Office, besides the amount exacted for the sanitary examination of the prostitutes dwell- ing in their house, a fixed annual sum as follows : — For Brothels of the let category and of the 1st class, 4001ir. (say) £15. For „ J> let iJ if 2nd „ 2001ir. For ,. » 1st )» jy 3rd „ lOOlir. For }) 2nd ii )t 1st „ 2001ir. For »J 2nd » it 2nd „ lOOlir. For » 2nd it if 3rd „ 601ir. 338 LAWS FOR THE REGULATION OF VICE. Appendix. Kegulatios OY Bbothels. Saottaet Es- AsmfAnoNS. The payments for the sanitary examinations shall be made fortnightly, and those of the fixed sums enumerated aboTe BYery three months in advance. In all other cities the tax may be reduced by one-third. Art. 62. Tbe brothel-keepers of each category shall always keep affixed in a visible place an extract from the articles of this order relative to brothels, in "svhich shall be stated in large characters the class to 'which the brothel belongs. They are forbidden to alter their tariff without having notified their intention of so doing to the Sanitary Office. Art. 63. Every dispute that may arise between prostitutes and brothel-keepers or procurers, wben not of a nature to be brought before a court of justice, shall be referred to the Sanitary Office, with a view to measures of conciliation. Art. 64. The Office of the Questor or Authorities charged with the Public Safety shall cider the immediate closing of clandestine brothels, that is to say, such as shall have been opened without permission and the women who may Lave been found there for purposes of prostitution shall be in- scribed on the register of prostitutes. Art. 65. In brothels of both categories gambling of aU sorts shall be forbidden, also the furnishing of food or liquors of any kind. Art. 66. All articles left by mistake in a brothel shall be carried immediately to the Sanitary Office. Art. 67. Brothels shall be shut within the hours that may be appointed by the Sanitary Office, in accordance with the orders issued by the Office of the Questor or that of Public Safety. Art. 68. Brothel-keepers shall not absent themselves from their place of residence without having obtained permission from the director of the Sanitary Office. Section V. — Of the Sanitm-y Examinations. Art. 69. At every Sanitary Office a room is set apart for the examination of prostitutes. Art. 70. The room devoted to the sanitary examination is open every day, Sundays excepted, at such hours as may be appointed. Art. 71. All registered prostitutes shall be subject to two sanitary examinations weekly, or one every three days. The ITALY. 339 sanitary examinations shall be regularly entered in a register Appendix. kept liy tlie Office, according to the Forni No. 3. Art. 72. The sanitary examinations of prostitutes shall be Sanitabt Ex- made with the greatest care, and with all the appliances ■^-minations. which in the actual state of science are recognised as useful in rendering more certain the diagnosis of venereal diseases. Alt. 73. The prostitutes attached to brothels of the first class are examined at the house. Those who belong to brothels of the second class are examined either at the brothel or at the Sanitary Office, as shall be settled by arrangements made between the Director and the Inspector. Art. 74., Solitary prostitutes are examined in the room set apart for the purpose at the Sanitary Office. !N"ever- theless it shall be open to them to be examined at home, on payment to the office of four examinations in advance, at the rate of llir. 50c. for each examination. Art. 75. In Turin, MUan, and Genoa, the examination in the room attached to the Sanitary Office is carried out simultaneously by two visiting surgeons. In the capitals and in the chief towns of provinces and departments in which the number of solitary prostitutes to be examined at the office is considerable, they are divided into three divisions, in such wise that only the third part of the whole number shall be examined each day. The office shall provide whatever may be necessary to insure that the examination be carried out with the greatest possible accuracy. Art. 76. The examinations of prostitutes in brothels, and of those living alone who may desire to be examined at home, is divided amongst the visiting surgeons in such wise that all the prostitutes are in turn examined by each surgeon. Where the total number is divided into three divisions, these are assigned in succession to the visiting surgeons, and changed at each examination. Art. 77. A prostitute, dwelling alone or in a brothel, who shall not be found at home on the day and at the hour appointed for the Surgeon's visit, must present herself the same day for examination at the Office. Alt. 78. A prostitute who shaU miss the sanitary ex- amination, without having previously given notice to the Z 2 340 LAWS FOE THE REGULATION OF VICE. Appendix. Office, shall be arrested and brouglit tliitlier to be examined. Sakitabt Ex- -"^ ^^^ of ^ repetition of the offence, and also if any obstacles AioNATioNs. are put in the way of a minute and exact examination, such as ought to be made by the Examining Surgeon, a prostitute may be subjected to coercive measures, according to the gravity of the case. Art. 79. If the solitary prostitute shall during three conse- cutive months have presented herself punctually for examina^ tion at the Sanitary Office on the appointed days, and shall have paid regularly the sum charged for the examination, the whole sum paid by her shall be restored to her in the third month. Art. 80. Solitary prostitutes confined to bed by acci- dental illness are examined at home, and the visit is gratuitous. A woman who shall prove to be affected with syphilis shall immediately be removed for treatment to the syphilitic hospital. Art. 81 . Extra-ordinary examinations shall be made when- ever they may be considered necessary. Extra-ordinary ex- aminations shall not exempt prostitutes from the ordinary examinations. No charge shall be made for the extra-ordinary examinations either in brothels or at the Office. Art. 82. The Surgeons, both after the ordinary and the extra-ordinary examinations, shall enter in the books of the prostitutes, and also in the register kept at the Office, the day of the visit, the sanitary condition of the woman, and any observations which they may think relevant. The visits paid to prostitutes in brothels shall also be entered in the register kept in each house, in accordance with Article 51 of this Eegulation. All such declarations shall be signed by the Visiting Surgeon. Art. 83. Every prostitute discovered to be suffering from primitive or constitutional syphilis or from any other con- tagious disease shall be sent immediately to the syphilitic hospital, with a medical certificate stating the nature and seat of the malady. The woman who shall show any doubtful symptoms of syphilitic infection shall also be removed to the syphilitic hospital, where she shaU be kept under observation until it shall have been ascertained whether she is, or is not, diseased. ITALY. 341 Art. 84. The prostitute who, at an examination at the Appendix. Sanitary Office, is shown to be infected, is removed r ~ T i -I ,- , ,.'..,., Sanitary Ex- immediately for treatment to the syphihtic hospital, aminations. at the charge of the Office. Every transfer of a prostitute from the Office to the syphilitic hospital, or vice versa, shall, if possible, be accomplished in a carriage. A prostitute living ia a brothel, and declared by the Yisiting Surgeons to be infected, shall, with the shortest possible delay, come accompanied to the syplulitic hospital, at the charge, and on the responsibility, of the brothel-keeper, who shall take care meantime that she has no sexual relations. In case of a transgression of the rule, a brothel-keeper may be deprived of his licence. Women declared to be infected shaU be entered in a special register (foUowiug Eorm No. 4), with a state- ment of the general facts concerning them, their habitation, the nature of their malady, the name of the Sanitary Officer who may have examined them, and aU other observations that he may have made. Art. 85. Whenever, in a locaMty where sanitary examina- tions take place, there shall be no syphilitic hospital, or, there being one, it shall be inadequate to contain all infected prostitutes ; such women shaU. be kept in safe custody until transferred to the nearest venereal hospital in which there may be room, those women being^ selected for transfer who may present severe forms of syphilis demajiding long and regular treatment. Alt. 86. A prostitute who, after having been pronounced infected, instead of presenting herself at the Office for removal to the syphilitic hospital, shall absent herself, shall be immediately arrested and taken to the syphilitic hospital by force, and on her discharge from the same shall be punished with from five to fifteen days' imprisonment. Art. 87. During the sojourn of a prostitute in the syphilitic hospital her book shall be deposited at the Sani- tary Office. On her recovery, she shaU present herself to the Office to give up her ticket of .discharge, and to declare her place of abode. Art. 88. When a prostitute, being with child, shall have passed the seventh month of her pregnancy, she shall be sent, if healthy, to the lying-in hospital; if infected, she 342 LAWS FOE THE EEGULATION OF VICE. Appendix, shall be treated in the syphilitic hospital until cured, and ~ ~" then transferred to the lying-in hospital. A prostitute who AMiNATioNs. ^^ the meaus of subsistence may he confined at the house of a licensed midwife, always proTided she has obtained the consent of the Office. Art. 89. Prostitutes and brothel-keepers shall obey the orders of the Surgeons as regards all the hygienic measures which these latter may prescribe. Section VI. — Miscellaneous Provisions. Art. 90. In the principal cities, the Sanitary Office shall transmit to the Authorities charged with the Public Safety for the divisions a note stating the name, surname, age, and country, of the prostitutes inhabiting their several divisions, and the changes of domicile of the said prostitutes as they take place from week to week. Art. 91. The register which the brothel-keepers are to keep in accordance with Article 51, and the extract from this Order mentioned in Article 62, shall be provided by the Sanitary Office on payment of the price of the stamp. Art. 92. The books with which prostitutes aie to be furnished shall be paid for them at the time of their issue, as under, viz. : — For prostitutes attached to brothels, 21ir. Por prostitutes of the first class living in a private house, according to the distinction established by Article 46, 21ir. Por prostitutes of the second class living in a private house, llir. Por prostitutes of the third class, 60c. The books must be renewed annually. Alt. 93. For each sanitary visit paid to a prostitute living in a private house, or at her own home, a fixed sum of llir. 50o. shall be paid. Por each sanitary visit in brothels of the first category, llir. 50c. For each sanitary visit paid to prostitutes of the first class at the Sanitary Office, llir., every Monday and Thursday; of the second class, 50c., every Tuesday and Friday ; of the third class, gratis, every VTei- nesday and Saturday. In this last class only the poor ai'e included. Art. 94. The taxes imposed on prostitutes and brothel- keepers shall be paid to the Director of the Sanitary Office, ITALY. 343 and are applied to defray the necessary expenses of tte appendix. supervision of prostitution. ~ Art. 95. The Director of the Sanitary Office, besides the laneous registers mentioned ia Articles 22, 71, and 84, shall also Pbovisions. keep one for the registration of the licences of brothel-keepers, in which shaU be stated the date of the concession, the name of the person to whom it is granted, the sum to be paid by him yearly, and that to be paid by him every three months. [This Eegister must foUow Form No. 5.] Art. 96. The accounts must every three months be ex- tracted by the Director from the Registers No. 3, and No- 5, and graphically represented in a table' {quadro), from which the total number of examinations made and of books distributed will at once appear. [This table must follow Form No. 6.] Art. 97. The expenses incurred by the office during the three months for superiatendence and other matters must be entered in a register and classified under their heads in the way prescribed by Form No. 7. Art. 98. For making the accounts the rules shall be observed which shall be laid down by the Miaister of the Interior, and the general summary of accounts shaU be compiled in exact accordance with Form No. 8. Passed by order of the Minister, The Director, Chief of the Division. Boron Angelo. LAW ON PTJBLIC SEGUEITY. 2Qth March, 1865. Cap. IL — Provisions for Publie Mm-dlity. Alt. 86. The Authority charged with the Public Safety will provide for the arrest of all persons who clandestinely occupy themselves with prostitution {ehe esercitano clan- desftinamente case di prostitutitione). In the interests of order and public morals, as well as of public health, the Government may make Eegulations in 'respect of women who abandon themseves to a meretricious life. 344 LAWS FOE THE EEGTJLATION OF VICE. Appendix. GREAT BRITAIN. ANNO VICESIMO NONO VICTOEI^ EEGUSTuE. Cap. XXXV. An Act for the better Prevention of Contagious Diseases at certain M'aval and Military Stations. [11th June, 1866. Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Tem- poral, and Commons, in this present Parhament assembled, and by the authority of the same, as follows : Preliminary. Short Title. 1- This Act may be cited as The Contagious Diseases Act, 1866. Interpretation 2. In this Act — of terms. The term " contagious disease " means venereal disease, including gonorrhoea : The term " police " means metropoUtan police or other police or constabulary authorized to act in any part of any place to which this Act applies : The term " superintendent " includes inspector : The term " chief medical officer " means the principal physician or surgeon for the time being attached to or doing duty at a hospital, or the house surgeon or resident surgeon of the hospital : The term "justice" means a justice of the peace having jurisdiction in the county, borough, or place where the matter requiring the cognizance of a justice arises, or in any part of any place to which this Act appHes : GREAT BRITAIN. 345 The term " two justices " means two or more justices Appendix. ,:' assembled and acting togetlier, and includes any police or stipendiary magistrate or other justice having by law for any purpose the powers of two justices. 3. This Act shall commence from and immediately after J^g^ ^^ (,j,m. the thirtieth day of September one thousand eight hundred meace from and sixty-six, and, on the commencement of the Act, the ^^ jjjg^ 27 & Contagious Diseases Prevention Act, 1864, shall cease to 28 Vict. 0. 85, operate ; but the discontiauance of that Act by this Act operate, ex- shall not affect the validity or invalidity of anything done or cept, &c. suffered before the commencement of this Act ; and that dis- continuance or anything in this Act shall not apply to or in respect of any offence, act, or thing committed or done or omitted before the commencement of this Act ; and every such offence, act, or thing shaU. after and notwithstanding the commencement of this Act have the same consequences and effect ia aU respects as if the Contagious Diseases Pre- vention Act, 1864, had not been discontiuued. Every order of a justice under the said Act shall remain in force as if this Act had not been passed. Every hospital certified under the said Act shaU continue to be a certified hospital, for the purposes of this Act, for three months after the commencement of this Act, unless before the expiration of that time the certificate is withdrawn, or the hospital is certified under this Act ; and every hospital certified under this Act shaU be deemed a certified hospital for the purposes of the said Act, as long as the operation thereof continues for any purpose under this Act. Extent of Act. i. The places to which this Act applies shall be the Act to extend places mentioned iu the first schedule to this Act, the limits pi^y to places of which places shall for the purposes of this Act be such as are defined in that schedule. Expenses of Execution of Act. 5. Expenses incurred in the execution of this Act shall Expenses of Si6 LAWS FOR THE REGULATION OF VICE. Appendix. Act to be defrayed by Admiralty. be paid under the direction of tlie Lord High Admiral of the United Kingdom, or the Commissioners for executing the office of Lord High Admiral (hereafter in this Act styled the Admiralty), and of such one of Her Majesty's principal Sec- retaries of State as Her Majesty thinks fit for the time being to intrust with the seals of the "War Department (hereafter in this Act styled the Secretary of State for "War) out of money to be provided by Parhament for that purpose. Appointment of visiting Burgeons and assistants. Visiting Surgeons. 6. The Admiralty or the Secretary of State for "War, may, on the commencement of this Act, appoint a medical officer for each of the places to which this Act applies, to be, during pleasure, visiting surgeon there for the purposes of this Act, and may, from time to time, on the death, resigna- tion, or removal from office, of any visiting surgeon, appoint another such officer in his stead. The Admiralty or the Secretary of State for "War may, from time to time as occasion requires, appoint a medical officer to be the assistant of any such visiting surgeon ; and every such assistant shall have the like powers and duties as the visiting surgeon to whom he is appointed assistant. A notice of the appointment of every such visiting surgeon and of every such assistant shall be pubHshed in the London or Dublin Gazette according as the place for which he is appointed is in England or in Ireland. A copy of the Gazette containing such a notice shall be conclusive evidence of the appointment. Appointment of inspector and assistant inspector of certified hospitals. Inspector of Hospitals. 7. The Admiralty and the Secretary of State for "War shall, on the commencement of this Act, appoint a medical officer to be, during pleasure, inspector of certified hospitals under this Act, and shall from time to time, on the death, resignation, or removal from office of any such inspector, appoint another such officer in his stead. GREAT BRITAIN. 347 The Admiralty and the Secretary of State for "War may, Appindis. from time to time as occasion requires, appoint a medical ~ o£6icer to he an assistant inspector of certified hospitals under this Act, ■which assistant shaU have the like powers and duties as the inspector. A notice of the appointment of every such inspector and of every such assistant shall he published in the London Gazette. A copy of the Gazette containing such a notice shall he conclusive evidence of the appointment. Certified Hosjnfals. 8. The Admiralty or the Secretary of State for War may Power to from time to time provide any buildings or parts of buildings -A-dmiralty, as hospitals for the purposes of this Act, and any building hospitals, and or part of a building so provided and certified in ivriting by "^^'^ them, the Admiralty or Secretary of State for War (as the case may he) to be so provided shaU be deemed a certified hospital under this Act ; and every certified hospital so provided shall be placed under the control or management of such persons as to the Admiralty or the Secretary of State for War from time to time seems fit. 9. The Admiralty or the Secretary of State for War may Power to from time to time, on such application or with such consent f^'^'fy °^^^^ 7 . , hospitals, as to them or him seems requisite, and on the report of the iospector of certified hospitals, certify in writing any buUding or part of a bmlding (not provided as a hospital by the Admiralty or Secretary of State for War) to be useful and efficient as a hospital for the purposes of this Act, and there- upon that building or part of a building shall be deemed a certified hospital under this Act. 10. The inspector of certified hospitals shaU from time to inspection of time visit and inspect every certified hospital. certified 11. The Admiralty or the Secretary of State for Warp^^^j.^.^ may at any time, by declaration in writing, declare the certi- withdraw ficate relative to any certified hospital withdrawn as from a *®"'™<'*''®' time specified in the declaration, and thereupon the same 348 LAWS FOR THE REGULATION OF VICE. Appendix, siiall cease to be a certified hospital as from the time so specified. Provision 12. A hospital shall not be certified under this Act unless reKgio^ in° ^^ *^® ^™® °-^ *^® granting of a certificate adequate provision Btruction. is made for the moral and religious instruction of the women detained therein under this Act ; and if at any subsequent time it appears to the Admiralty or the Secretary of State for "War that in any such hospital adequate provision for that purpose is not made, the certificate of that hospital shall be withdrawn. Certificate and 13. Every certificate and every declaration of withdrawal declaration of gf g^ certificate relative to any hospital under this Act shall ■withdrawal . . j r to be gazetted, be published in the London or Dublin Gazette, according as the hospital to which the certificate or declaration relates is in England or in Ireland. A copy of the Gazette containing any such certificate or declaration shall be conclusive evidence of such certificate or declaration. Every certificate proved to have been made shaU be pre- sumed to be in force untd the withdrawal thereof is proved. Power to 1 4r. The managers or persons having the control or manage- mate regnla- ment of each certified hospital shall make regulations for fied hospitals, the management and government of the hospital, as far as regards women authorized by this Act to be detained therein for medical treatment, or being therein under medical treat- ment for a contagious disease, such regulations not being inconsistent with the provisions of this Act, and may from time to time alter any such regulations ; but all such regu- lations, and all alterations thereof, shall be subject to the approval in writing of the Admiralty or the Secretary of State for War. A printed A printed copy of regulations purporting to be regulations copy of regula- ^£ ^^ certified hospital so approved, such copy being signed by evidence. the inspector of certified hospitals, or the chief medical ofiicer of the hospital, shall be evidence of the regulations of the hospital, and of the due making and approval thereof, for the purposes of this Act. GREAT BKITAIN. 349 Periodical Medical Examinations. Appendix. 15. Where an information on oath is laid hefore a justice On informa- by a superintendent of police, chargins to the effect that the *'°''' .* i"^'i<=s mtormant has good cause to believe that a woman therein notice to named is a common prostitute, and either is resident within '^°^^^ who is -, T . J. , a conunon the lunits of any place to which this Act implies, or, being prostitute. resident within five miles of those limits, has, within fourteen days before the laying of the information, been within those limits for the purpose of prostitution, the justice may, if he thinks fit, issue a notice thereof addressed to such woman, which notice the superintendent of police shall cause to be served on her : Provided that nothing in this Act contained shall apply or extend, ia the case of Woolwich, to any woman who is not resident within one of the parishes of Woolwich, Plumstead, or Charlton. 16. In either of the following cases, namely, — Power to justice to If the woman on whom such a notice is served appears '"^^^'^ period- _ _ . , 1 , 1 , „ , loal medical herself, or by some person on her behalf, at the examination. time and place appoiated in the notice, or at some other time and place appoiated by adjournment ; — If she does not so appear, and it is shown (on oath) to the justice present that the notice was served on her a reasonable time before the time appointed for her appearance, or that reasonable notice of such adjournment was given to her (as the case may be),- The justice present, on oath being made before him substan- tiating the matter of the information to his satisfaction, may, if he thinks fit, order that the woman be subject to a periodical medical examination by the visiting surgeon for any period not exceeding one year, for the purpose of ascertaining at the time of each such examination whether she is affected with a contagious disease; and thereupon she shall be subject to such a periodical medical examination, and the order shall be a sufficient warrant for the visiting surgeon to conduct such examination accordingly. 350 LAWS FOR THE REGULATION OF VICE. Appendix. Voluntary Bubmission by woman. Power to make regula- tions as to examinations. Visiting snr- geon to pre- scribe times, &c. The order shall specify the time and place at which the woman shall attend for the first examination. The superintendent of police shall cause a copy of the order to be served on the woman. 17. Any woman, in any place to which this Act applies, may voluntarily, by a submission ia writing signed by her in the presence of and attested by the superintendent of police, subject herself to a periodical medical examination under this Act for any period not exceeding one year. 18. For each of the places to which this Act appKes, either the Admiralty or the Secretary of State for "War (but not both for any one place) may from time to time make regulations respecting the times and places of medical exami- nations under this Act at that place, and generally respecting the arrangements for the conduct there of those examinations ; and a copy of all such regulations from time to time in force for each place shall be sent by the Admiralty or the Secretary of State for War (as the case may be) to the clerk of the peace, town clerk (if any), clerk of the justices, visiting surgeon, and superintendent of police. 19. The visiting surgeon, having regard to the regulations aforesaid and to the circumstances of each case, shall at the first examination of each woman examined by him, and after- wards from time to time as occasion requires, prescribe the times and places at which she is required to attend again for examination ; and he shall from time to time give or cause to be given to each such woman notice in writing of the times and places so prescribed. Certificate of visiting sur- geon. Detention in Hospital. 20. If on any such examination the woman examined is found to be affected with a contagious disease, she shall thereupon be liable to be detained in a certified hospital subject and according to the provisions of this Act, and the visiting surgeon shall sign a certificate to the effect that she is affected with a contagious disease, naming the certified hospital in which she is to be placed ; and he shall sign that certificate in triplicate, and shall cause one of the originals to GREAT BRITAIN. 351 be delivered to the woman and the otters to the superinten- Appendix. dent of police. 21. Any woman to v^om any such certificate of the visit- Placing in ing surgeon relates may, if she thinks fit, proceed to the ho^pft^for certified hospital named in that certificate, and place herself treatment, there for medical treatment, but if after the certificate is delivered to her she neglects or refuses to do so, the superin- tendent of police, or a constable acting under his orders, shall apprehend her, and convey her with all practicable speed to that hospital, and place her there for medical treatment, and the certificate of the visiting surgeon shall be a sufficient authority to him for so doing. The reception of a woman in a certified hospital by the managers or persons having the control or management thereof shall be deemed to be an undertaking by them to provide for her care and treatment, lodging, clothing, and food, during her detention in the hospital. 22. "Where a woman certified by the visiting surgeon to Detention in be afiected with a contagious disease places herself, or is "^^^ ^ ' placed as aforesaid, in a certified hospital for medical treat- ment, she shall be detained there for that purpose by the chief medical ofiicer of the hospital imtU discharged by him by writing under his hand. The certificate of the visiting surgeon, one of the three originals whereof shall be delivered by the superintendent of police to the chief medical ofiicer, shall, when so delivered, be sufficient authority for such detention. 23. The inspector of certified hospitals may, if in any Power to case it seems to him expedient, by order in writing signed bv ^'^^"sf'^^ , ^ o T,-n- to another him, duect the transfer ol any woman detained m a certified certified hospital for medical treatment from that certified hospital to ''"^pital. another named in the order. Every such order shall be made ia triplicate, and one of the originals shall be delivered to the woman and the others to the superintendent of police. Every such order shaU be sufficient authority for the super- intendent of police or any person acting under his orders to transfer the woman to whom it relates from the one hospital to the other, and to place her there for medical treatment ; 352 LAWS FOE THE REGULATION OF VICE. Appendix. Limitation of detention. Power for woman de- tained to apply to justice for discharge. Dming con- veyance to certified hospital, &c., woman deemed to be in legal custody. Expenses of woman's return home. and she shall be detained there for that purpose by the chief medical officer of the hospital until discharged by him by writing under his hand. The order of the inspector of certified hospitals, one of the originals whereof shall be delivered by the superintendent of police to the chief medical officer of the hospital to which the transfer is made, shall when so dehvered be sufficient autho- rity for such detention. 24. Provided always, that any woman shall not be detained under any one certificate for a longer time than three months, unless the chief medical officer of the hospital in which she is detained, and the inspector of certified hospitals, or the visiting surgeon for the place whence she came or was brought, conjointly certify that her further detention for medical treat- ment is requisite (which certificate shall be in duplicate, and one of the originals thereof shall be delivered to the woman) ; and in that case she may be further detained in the hospital in which she is at the expiration of the said period of .three months by the chief medical officer until discharged by him by writing under his hand ; but so that any woman be not detained under any one certificate for a longer time in the whole than six months. 25. If any woman detained in any hospital considers herself entitled to be discharged therefrom, and the chief medical officer of the hospital refuses to discharge her, such woman shall on her request be conveyed before a justice, who, if he is satisfied upon reasonable evidence that she is free from a contagious disease, shall discharge her from such hospital, and such order of discharge shall have the same effect as the discharge of the chief medical officer. 26. Every woman conveyed or transferred under this Act to a certified hospital shall, while being so conveyed or transferred thither, and also while detained there, be deemed to be legally in the custody of the person conveying, trans- ferring, or detaining her, notwithstanding that she is for that purpose removed out of one into or through another jurisdiction, or is detained in a jurisdiction other than that in which the certificate of the visiting surgeon was made. 27. Every woman shall, on her discharge from the GREAT BEITAIN. 853 hospital, be sent to the place of her residence, if she so Appendix. desires, without expense to herself. Refusal to he .examined, ^e, 28. In the foUowiag cases, namely, — If any -woman subjected by order of a justice under this Punishment Act to periodical medical examination at any time 2 '"■omen temporarily absents herself in order to avoid sub- be examined, mittiag herself to such examination on any occasion ' on which she ought so to submit herself, or refuses or wilfully neglects to submit herself to such exa- mination on any such occasion : If any woman authorized by this Act to be detained in a certified hospital for medical treatment quits the hospital without being discharged therefrom by the chief medical officer thereof by writing under his hand (the proof whereof shall lie on the accused) : If any woman authorized by this Act to be detained in a certified hospital for medical treatment, or any woman being in a certified hospital under medical treatment for a contagious disease, refuses or wUf uUy neglects while in the hospital to conform to the regulations thereof approved under this Act ; Then and in every such case such woman shaU be guilty of an offence against this Act, and on summary conviction shall be liable to imprisonment, with or without hard labour, in the case of a first offence for any term not exceeding one month, and in the case of a second or any subsequent ofience for any term not exceeding three months ; and in the case of the offence of quitting the hospital without being discharged as aforesaid the woman may be taken into custody without war- rant by any constable. 29. If any woman is convicted of and imprisoned for the EflFect of order offence of absenting herself or of refusing or neglecting to ment for""^' submit herself to examination as aforesaid, the order sub- absence, &c. jecting her to periodical medical examination shall be in force yon, after and notwithstanding her imprisonment, unless the sur- A A 354 LAWS FOE THE REGULATION OF VICE. Appendix. hospital, &o. geon or other medical o£S.cer of the prison, or a Tisiting ' surgeon appointed under this Act, at the time of her discharge from imprisonment, certifies in writing to the effect that she is then free from a contagious disease (the proof of which certificate shall lie on her), and in that case the order suh- jecting her to periodical medical examination shall, on her discharge from imprisonment, cease to operate. „„ . 30. If any woman is convicted of and imprisoned for the order of im- offence of quitting a hospital without being discharged, or of prisonment for jefuging or neglecting while in a hospital to conform to the regulations thereof as aforesaid, the certifioate of the visiting surgeon under which she was detained in the hospital shall continue ia force, and on the expiration of her term of impri- sonment she shall he sent hack from the prison to that cer- tified hospital, and shall (notwithstanding anything in this Act) he detained there under that certificate as if it were given on the day of the expiration of her term of imprison- ment, unless the surgeon or other medical officer of the prison, or a visiting surgeon appointed under this Act, at the time of her discharge from imprisonment, certifies in writing to the effect that she is then free from a contagious disease (the proof of which certificate shall lie on her), and in that case the certificate under which she was detained, and the order sub- jecting her to periodical medical examination, shall, on her discharge from imprisonment, cease to operate. 31. If on any woman leaving a certified hospital a notice in writii\g is given to her by the chief medical officer of the hospital to the effect that she is stOl affected with a contagious ducting herself disease, and she is afterwards in any place for the purpose of as prostitute. . . . , , . . , , „ . . . prostitution without ha^ang previously received from a visiting surgeon appointed under this Act a certificate in writing en- dorsed on the notice or on a copy thereof certified by the chief medical officer of the hospital (proof of which certificate shall lie on her) to the efTeot that she is then free from a contagious disease, she shall be guilty of an offence against this Act, and on summary conviction before two justices shall be hable to be imprisoned with or without hard labour, in the case of a first offence for any term not exceeding one month, and in the case of a second or any subsequent offence for any term not es- ceedinK three months. Penalty on woman discharged uncured con GSEAT BRITAIN. 355 Duration of Order. AprENPii. 32. Every order under this Act subjecting a ■woman to Order to periodical medical examination shall be in operation and en- everVoman"' forceable, in manner in this Act provided, as long as and is resident in whenever from time to time the Avoman to whom it relates is ^^ ^der resident within the limits of the place to which this Act made, &o. applies wherein the order was made, or within five miles of those limits, but not in any case for a longer period than one year ; and where the chief medical officer of a certified hos- pital, on the discharge by him of any woman from the hospital, certifies that she is free from a contagious disease (proof of which certificate shall lie on her), the order subjecting her to periodical medical examination shall thereupon cease to operate. Relief from Examination. 33. If any woman subjected to a periodical medical exa- Application , for relief froi examination. mination under this Act (either on her own submission or ^°^ ^^^^^ ^''°"' under the order of a justice), desiring to be relieved there- from, and not being under detention in a certified hospital, makes application in writing in that behalf to a justice, the justice shall appoint by notice in writing a time and place for the hearing of the application, and shall cause the notice to be delivered to the applicant, and a copy of the application and of the notice to be delivered to the superintendent of police. 34. If on the hearing of the application it is shown, to Order for the satisfaction of a justice, that the applicant has ceased to examination be a common prostitute, or if the applicant, with the approval on discon- of the justice, enters into a recognizance, with or without sure- prostitution, ties, as to the justice seems meet, foe her good behaviour &o. during three months thereafter, the justice shall order that she be relieved from periodical medical examination. 35. Every such recognizance shall be deemed to be for- Forfeiture of felted if at any time dui'ing the term for which it is entered ty'^rlturn^to into the woman to whom it relates is (within the limits of any prostitution, place to which this Act applies) in any public thorotighfare, AA 2 356 LAWS FOR THE REOULATION OF VICE. Appendix, street, or place for the purpose of prostitution, or otherwise (within those limits) conducts herself as a common pros^ titute. Penalties for permitting prostitute having con- tagious disease to resort to any house, &c., for prostitu- tion. Penalties for harbouring, ^e. 36. If any person, being the owner or occupier of any house, room, or place within the limits of any place to which this Act applies, or being a manager or assistant iu the man- agement thereof, having reasonable cause to believe any woman to be a common prostitute and to be affected with a contagious disease, induces or suffers her to resort to or be in that house, room, or place for the purpose of prostitution, he shall be guilty of an offence against this Act, and on sum- mary conviction thereof before two justices shall be liable to a penalty not exceeding "twenty pounds, or, at the discretion of the justices, to be imprisoned for any term not exceeding six months, with or without hard labour : Provided that a conviction under this enactment shaU not exempt the offender from any penal or other consequences to which he may be liable for keeping or being concerned in keeping a bawdy house or disorderly house, or for the nuisance thereby occasioned. Application of 11 & 12 Vict., o. 43, aad 14 & 16 Vict.; u. 93, to this Aot. Procedure, ^c. 37. All proceedings under this Act before and by justices shall be had in England according to the provisions of the Act of the session of the eleventh and twelfth years of Her Majesty (chapter forty-three), " to facilitate the performance " of the duties of justices of the peace out of sessions within " England and Wales with respect to summary convictions " and orders," and in Ireland according to the provisions of the Petty Sessions (Ireland) Act, 1851, as far as those pro- visions respectively are not inconsistent with any provision of this Act, and save that the room or place in which a jus- tice sits to inquire into the truth of the statements contained in any information or application under this Act against or by a woman shall not, unless the woman so desires, be deemed an open court for that purpose ; and, unless the woman other- GEEAT BRITAIN. 357 wise desires, the justice may, in his discretion, order that no Appendix. person have access to or be or remain in that room without his consent or permission. 38. The forms of certificates, orders, and other instru- Forms in ments given in the second schedule to this Act, or forms to gchodulo to be the like effect, with such variations and additions as circum- used, stances require, may be used for the purposes therein indicated and according to the directions therein contained, and instru- ments in those forms shall (as regards the form thereof) be vahd and sufficient. 39. Any certificate, order, notice, or other instrument Instruments made or issued for the purposes of this Act may be partly in ™fnt IJ." print and partly in writing. 40. In any proceeding under this Act any notice, order. Presumption certificate, copy of regulations, or other instrument purporting ^ signa- to be signed by a justice, superintendent of police, visiting justices, &e. surgeon, assistant visiting surgeon, surgeon or other medical offi-cer of a prison, chief medical officer of a certified hospital, or the inspector or an assistant inspector of certified hospitals, or by any person in Her Majesty's service or in that of the Admiralty, shall on production be received in evidence, and shall be presumed to have been duly signed by the person, and in the character by whom and in which it purports to be signed, until the contrary is shown. 41. Every notice, order, or other instrument by this Act Mode of required to be served on a woman shall be served by deli- ^'=""=®- very thereof to some person for her at her usual place of abode, or by delivery thereof to her personally. 42. Any action or prosecution against any person for Limitation of anything done in pursuance or execution or intended execu- ' tion of this Act shall be laid and tried in the county where the thing was done, and shall be commenced within three months after the thing done, and not otherwise. Notice in writing of every such action and of the cause thereof shall be given to the intended defendant one month at least before the commencement of the action. In any such action the defendant may plead generally that the act complained of was done in pursuance or execution or intended execution of this Act, and give this Act and the 358 LAWS FOE THE EEflULATION OF VICE. Appendix, special matter in evidence at any trial to be liad tliere- upon. The plaintiff shall not recover if tender of sufficient amends is made before action brought, or if a sufficient sum of money is paid into court after action brought, by or on behalf of the defendant. If a verdict passes for the defendant, or the plaintiff becomes nonsuit, or discontinues the action after issue joined, or if, on demurrer or otherwise, judgment is given against the plaintiff, the defendant shall recover his full costs as between attorney and client, and shall have the like remedy for the same as any defendant has by law for costs in. other cases. Though a verdict 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 action. GBEAT BRITAIN. 359 SCHEDULES. Appendix. THE FIRST SCHEDULE. Names of Places. Portsmouth.. Plymouth & Devon- port Woolwich Chatham Sheemess Limits of Places. The Limits of the Muuioipal Borough of Ports- mouth, and of the residue of the Island of Portsea, and of theJParish of Alverstoke, and of the Township of Landport. The Limits of the following places ; namely, — The Mimicipal Borough of Plymouth. The Parliamentary Borough of Devonport. The Parish of Laira. The Tithing of Pennycross or Western Peveril. The Tithing of Compton Gifford. Torporut in the County of Comwall,'within the Distance of Half a Mile from the Perry Gate. The Limits of the Parishes of Woolwich, Plum- stead, and Charlton. The Limits of the following Parishes ; namely, — Chatham, GiBingham, St. Nicholas, Kochester, St. Margaret, Kochester, The Precincts, Rochester, Brompton, New Brompton, Strood, and Frindsbury, And of the Hamlet of Grange, otherwise Grench. The Limits of the Parish of Minster, and of the Township of Queenborough. 360 Appdndix. LAWS FOE THE EEGULATION OF VICE. Names of Places. Alderehot Limits of Places. Windsor Colchester in the County of Surrey. in the County of Hants. The Limits of the following Parishes ; namely,— Purbright, \ Ash, Compton, Pepper Harrow, Frimley, Puttenham, Seal, and Tongham, Elstead, Farnham, Bifiley, Aldershot, \ Yately, CrondaJl, Dogmersiield, Wrnchfield, Hartley Wintney, Cove, Eversley, Farnborough, Binstead, Bentley, J Sandhurst, in the County of Berks. The Limits of the following Parishes ; namely, — New Windsor, ■j Old Windsor, ( in the Comity of Clewer, ) ^^'^^ The Limits of the following Parishes or Eccle- siastical Districts ; namely, — AU Saints. St. Botolph. St. Giles, St. James. St. John. St. Leonard. St. Martin. St. Mary at the Walls. St. Mary Magdalene. St. Nicholas. St. Peter. St. Eunwald. The Holy Trinity. GREAT BRITAIN. Names of Places. LimitB of Places. ShomoliJEe The Limits of the following Parishes ; namely, — Cheriton. Hythe. Folkatone. , TheCurragh The Limita of the following Parishes ; namely, — Kilcullen. Kildare, Ballysax. Great Oonwell. Morriatown-beller. Cork The Limita of the Borough of Cork for Municipal Purposes. Queenstown The Limita of the Town of Queenstown for the Purposes of Town Improvement. 361 Appendix. 362 LAWS FOR THE REGULATION OF VICE. Appendix. THE SECOND SCHEDULE. FOEMS. (A.) Gazette Notice of Appointments. London 18 . The Lords Commissioners of the Admiralty have [or the Secretary of State for War has] appointed S. S. to be Visiting Surgeon [or Assistant Visiting Surgeon] for Portsmouth, or the Lords Commissioners of the Admiralty and the Secretary of State for War have appointed P. T. to be Inspector (or Assistant Inspector) of Certified Hospitals] under The Contagious Diseases Act, 1866. (B.) Certificate for Hospital provided by Admiralty, die. The Contagious Diseases Act, 1866. In pursuance of the above-mentioned Act, it is hereby certified by the Commissioners for executing the office of Lord High Admiral of the United Kingdom [or by Her Majesty's Principal Secretary of State intrusted with the seals of the War Department], that the following building [or part of building] namely, {here describe generally the building or part of a building,'] has been provided by the said Lords Commissioners [or Secretary of State] as a hospital for the purposes of the said Act. Dated this day of 16 . By order of the Lords Commissioners of the Admiralty. (Signed) C. P., Secretary of the Admiralty. [Or By order of the Secretary of State for War. (Signed) E. L., Under-Secretary of State.] GUEAT BRITAIN. 363 (C.) Appendix. Certificate for Hospital not provided by Admiralty, die. The Contaoious Diseases Act, 1866. In pursuance of the above-mentioned Act, it is hereby certified by the Commissioners for executing the office of Lord High Admiral of the United Kingdom [or by Her Majesty's Principal Secretary of State intrusted with the seals of the War Department], that the following building [or part of a building], namely, [the lock wards of the Ports- mouth, Portsea, and Gosport hospital, or as the case may he}, is useful and efEcient as a hospital for the purposes of the said Act. Dated this day of 18 . By order of the Lords Commissioners of the Admiralty. (Signed) 0. P., Secretary of the Admiralty. [Or By order of the Secretary of State for War, (Signed) E. L., Under-Secretary of State.] (D.) Declaration of Withdrawal of Certificate. The Contaoiotis Diseases Act, 1866. In pursuance of the above-mentioned Act, it is hereby declared by the Commissioners for executing the office of Lord High Admiral of the United Kingdom [or by Her Majesty's Principal Secretary of State intrusted with the seals of the War Department], that the certificate under the said Act dated the day of , con- stituting the hospital [or as the case may be] a certified hospital under the said Act, has been and the same is hereby withdrawn as from the day of 18 . Dated this day of 18 . By order of the Lords Commissioners of the Admiralty. (Signed) C.P., Secretary of the Admiralty. [Or By order of the Secretary of State for War. (Signed) K L., Under-Secretary of State,] 364 AlTENDIX. LAWS FOB THE REGULATION OF VICE. (E.) Information. ) The Information of CM. of , Superintendent to wit. ) of Police for [or as the case may he\, under The Contagious Diseases Act, 1866, taken this day of 186 , before the undersigned, one of Her Majesty's justices of the peace in and fop the said [county'] of who says he has good cause to believe that A. B.iaa common prostitute, and is resident within the limits of a place to which the said Act applies, that is to say, at in the [counjty] of [or is a common prostitute, and being resident within five miles of a pla^e to which the said Act applies, that is to say, at in the county of , was within fourteen days before the laying of this information, that is to say, on the day of , within those limits, that is to say, at in the county of , for the purpose of prostitution]. Taken and sworn before me the day and year first above mentioned. (Signed) L. M. (F.) Notice for Attendance of Woman. To A. B. of Take notice, that an information, a copy whereof is subjoined hereto, has been laid before me, and that, in accordance with the provisions of the Act therein mentioned, the truth of the statements therein con- tained will be inqiured into before me, or some other justice, at , on the day of , at o'clock in the noon. You are therefore to appear before me or such other justice at that place and time, and to answer to what is stated in the said information. You may appear yourself, or by any person on your behalf. If you do not appear, you may be ordered, without further notice, to be subject to a periodical medical examination by the visiting surgeon under the said Act. If you prefer it, you may, by a submission in writing signed by you in the presence of the superintendent of police [or as the case may le], and attested by him, subject yourself to such a periodical examination. If you do so before the time above appointed for your appearance, it will not be necessary for you to appear then before a justice. Dated this day of (Signed) i. M. Justice of the Peace for [Siibjoin Copy of Information,] GREAT BRITAIN. 365 (Gr.) Appendix. Order subjecting Womcm to Examination. iBE it remembered, that on the day of in pursuance of The Contagioua Diseases Act, 1866, I, one of Her Majesty's justices of the peace in and for the said [county] of do order that A . B., of , be subject to a periodical medical examination by the visiting surgeon for IPortsmouth, or as the case may 6e] for calendar months from this day, for the purpose of ascertaining at the time of each such examination whether she is affected with a contagious disease within the meaning of the said Act, and that she do attend for the first ex- amination at on the day of , at o'clock in the noon. (Signed) L. M. (H.) Volunta/ry Submission to Examination. The CoNTAQioua Diseases Aot, 1866. I A. B. of , in pursuance of the above-mentioned Act, by this submission, voluntarily subject myself to a periodical medical examination by the visiting surgeon for [Ports- mouth, or as the case may be] for calendar months from the date hereof. Dated this day of 18 . (Signed) A. B. Witness, X.Y., Superintendent of Police for [or as the case may he.] (J.) Notice by Visiting Surgeon to Woman of Times, &c., of Examination. To A. B. of Take notice, that in pursuance of The Contagious Diseases Act, 1866, you are required to attend for medical examination as follows : [Here state times and places of examination.] Dated this day of 18 . (Signed) E. P., Visiting Surgeon for [Portsmouth]. 366 LAWS FOR THE REGULATION OF VICE. Appendix. (K.) Certificate of Visiting Surgeon. In piirsuance of The Contagious Diseases Act, 1866, I hereby certify that I have this day examined A. B. of , and that she is affected with a contagious disease within the meaning of that Act ; and the certified hospital in which she is to be placed under the said Act is the hospital. Dated this day of 18 . (Signed) E. P., Visiting Surgeon for [Pm-tsmouth.'] (L.) Order hy Inspector of Certified Hospitals for Transfer. By virtue of the power in this behalf vested in me by The Contagious Diseases Act, 1866, I hereby order that 4. 5. of , now detained under that Act in the certified hospital of for medical treatment, be transferred thence to the certified hospital of Dated this day of 18 . (Signed) M. N., Inspector of Certified Hospitals. (M.) Certificate for Detention beyond Three Months. The Contagious -Diseases Act, 1866. We, the undersigned, hereby certify that the further detention for medical treatment of A, B. of , now an inmate of this hospital, is requisite. Dated this day of 18 , at the hospital. (Signed) M. N., Inspector of Certified Hospitals, [or as tke case may he], G. H., Chief Medical Officer. GREAT BRITAIN. 367 (N.) Appendix. Discharge from Hospital. In pursuance of The Contagious Diseases Act, 1866, I hereby discharge A. B. of from this hospital \add according to the fact, and certify that she is now free from a contagious Dated this day of 18 , at the hospital. (Signed) G. H. Chief Medical Officer. (O.) Certificate on Discharge from Imprisonment. The Contagious Diseases Act, 1866. "Whereas under the above-mentioned Act J.. 5. of was on the day of convicted of the offence of and has since been imprisoned for that offence in the gaol of and is now discharged from imprisonment therein : Now in pursuance of the said Act I hereby certify that she is now free from a contagious disease. Dated this day of R.O., Surgeon of the Gaol of [or E. P., Visiting Surgeon for Portsmouth^. (P.) Notice to Woman leaving Hospital. The Contagious Diseases Act, 1866. To A. B. As you are now leaving this hospital, I hereby, in pursuance of the above-mentioned Act, give you notice that you are still affected with a contagious disease. -Dated this day of (Signed) G.H., Chief Medical Officer. Note. The above-mentioned Act provides as follows : — If on any woman leaving a certified hospital a notice [set out section ■ of Act\ 368 LAWS FOE THE EEGULATION OF VICK Appendix. (**■' Certificate on last foregoing Notice or Copy. In pursuance of the within-mentioned Act, I hereby certify that the within-named woman ia now free from a contagious disease. Dated this day of (Signed) E. P., Visiting Surgeon for \PortS7rumtK\. (R.) Application to he relieved from Examination. To L. M., Esq., and others, Her Majesty's justices of the pea TT the same : Me. Bkuob s Bill of 1872. The term " Court of Summary Jurisdiction " means — In England and Ireland any justice or justices of the peace, metropolitan poKce magistrate, stipendiary or other magistrate, or officer, by whatever name called, to whom jurisdiction is given by the Summary Jurisdiction Acts or any Acts therein referred to. In Scotland, any justice or justices of the peace, sheriff, or other magistrate to the proceedings before whom for the trial or prosecution of any offence, or for the recovery of any penalty under any Act of Parliament, the provisions of the Summary Juris- diction Acts may be applied. Repeal of 38. The Acts specified iu the schedule to this Act are h dS hereby repealed to the extent in the third column of that schedule mentioned. Provided that — (1.) Every hospital certified under any enactment hereby repealed shall continue to be a certified hospital for the purposes of this Act for three •• months after the passing of this Act, unless before the expiration of such time the certificate is withdrawn, or the hospital is certified under this Act: (2.) Any woman detained in a certified hospital in pursuance of any enactment hereby repealed shall continue to be so detained in like manner as if she had been removed to such hospital in pursuance of this Act : (3.) This repeal shall not affect — (a.) Anything duly done or suffered under any enactment hereby repealed ; or (J.) Any right, privilege, obligation, or liability acquired, accrued, or incurred under any enactment hereby repealed ; or PARLIAMENTAET HISTORY OF LICENSING IN ENGLAND. 513 (c.) Any penalty, forfeiture, or punislinient incurred in Appendix. respect of any offence committed against any enact- ment hereby repealed ; or (d.) Any investigation, legal proceeding, prosecution, or remedy in respect of any such right, privilege, ohUgation, liahility, penalty, forfeiture, or punish- ment as aforesaid ; and any such investigation, legal proceeding, prosecution, and remedy may be carried on as if this Act had not passed. SCHEDULE. Acts Repealed. Session and Cliapter. Title or Abbreviated Title. Extent of Kcpeal. 24&25Viot. clOO. 29 & 30 Vict. u. 35. 31 & 32 Vict. c. 80. 32 & 33 Vict. o. 96. An Act to Consolidate and Amend the Statute Law of Bnglandand Irelandrelating to Offences against the Per- son. The Contagious Diseases Act, 1866. An Act to amend the Conta- gious Diseases Act, 1869. The Contagious Diseases Act, 1869. Sections forty- nine to fifty- two both in- clusive. The whole Act. The whole Act. The whole Act. In 1875 and 1876, Repeal Bills were introduced by Sir Harcourt Johnstone, and debates of much interest and importance took place on each occasion, some parts of which have been alluded to in previous parts of this work. L L 514 LAWS FOE THE EEGULATION OF VICE. Appendix. Statdte of Hbney II. ENGLISH LEGISLATION FKOM A.D. 1161 UP TO THE PASSING OF THE " CONTAGIOUS DISEASES PEEVEN- "TION ACT," OF 1864. Allusion Tvas made in the earlier part of this Appendix to a statute of the 8th of Henry II. for the licensing of brothels in Southwark. The following are extracts from StoVs " Survey of the City of London,'' Camden's " Britain," Fuller's " Church History of Britain " and the works of other writers, giving a continuous account of the whole matter. Extract FROM Stow's " Survey." A Survey of the Cities of London and Westminster : "Written at first in. the year 1597. By John Stow, Citizen and Native of London. Edition hy John Strype : London, 1720. Book IV. containing a particular inspection into the "Ward in the Borough of Southwark : As also the Subuihs of the City ; And the Liberty of the Duchy of Lancaster. Chap. I. — Bridge Ward Without. . . . . Next, on the Bank, was sometime the Bordells or Steios, a place so called of certain stew houses privileged there, for the repair of incontinent men to the Kke women ; of the which privilege I have read thus : In a Parliament holden at "Westminster, the eighth of Henry the Second, it was ordained by the Commons, and confirmed by the King and Lords * that divers constitutions for ever should be kept within that lordship or franchise according to the old customs that had been there used time out of mind: amongst the which these following were some, viz. : — * The form of this legislative Act is somewhat of an auaohromsm. ENGLISH LEGISLATION FROM THE EAELIEST TIMES. 515 That no stewholder, or his wife, should let or stay any Apphndix. single woman to go and come freely at all times when they ~ ■ listed. EXTBAOT FBOM Stow a ISTo stewholder to keep any woman to board, hut she to "Sdkvet." hoard abroad at her pleasure. Statute of m J. 1 /. ,-, , , , 8 Henry II. 10 take no more tor the woman s chamber m the week than fourteen pence. Not to keep open his doors upon the holy days. !N"ot to keep any single woman in his house on the holy days, but the bayHff to see them voided out of the lordship. No single woman to be kept against her'will, that would leave her sin. No stewholder to receive any woman of religion or any man's wife. No single woman to take money to lie with any man, but she may He with him aU night, tiU. the morrow. !N"o man to be drawn or enticed into any stewhouse. Ifo stewholder to keep any woman that hath the perilous infirmity of burning ; nor to sell bread, ale, flesh, fish, wood, coal, or any victuals, &c. These, and many more orders were to be observed, upon great pain and punishment. I have also seen divers patents of confirmation, namely, 19 Edw. III. one dated 1345, the nineteenth of Edward the Third. Also, a.d. 1345. I find that in the fourth of Eichard the Second, these stew- 4 Eich. II. houses belonging to WiUiam Walworth, then Maior of a.d. 1381. London, were farmed by Frees of Flanders, and were spoUed by Walter Tylar [Teighler] and other rebels of Kent. Not- withstanding, I find that ordinances for the same place and houses were again confirmed in the reign of Henry the Sixth, to be continued as before. Also, Robert Fabian writeth, that in the year 1506, the one and twentieth of Henry the 21 HenkyVII. Seventh, the said stewhouses in Southwark were (for a a.d. 1506. season) inhibited, and the doors closed up. But it was not long (saith he) ere the houses there were set open again, so many as were permitted for (as it was said) whereas before were eighteen houses, from thenceforth were appointed to be used but twelve only. These allowed stewhouses had signs L L 2 516 LAWS FOB THE EEGULATION OF VICE. Appendix. Extract FROM Stow's " Survey." The " SiBWs' OF SODTH- WARK. 37 Heurt VIII. A.D. 1546. Extract FROM Camden's " Britain." on their fronts, towards the Thames, not hanged out, but painted on the walls, as a Boar's Head, the Cross Keys, the Gun, the Castle, the Crane, the Cardinal's Hat, the Bell, the Swan, &c.* I have heard ancient men of good credit report, that these single women were forhidden the rights of the church, so long as they contittued that sinful Ufe, and were excluded from Christian burial, if they were not reconciled before their death. And, therefore, there was a plot of ground called the single woman's churchyard appoiuted for them, far from the Parish Church. In the year of Christ, one thousand five hundred and forty-six, the seven and thirtieth of Henry the Eighth, this row of stews in Southwark was put down by the King's commandment, which was proclaimed by sound of trumpet, no more to be privileged and used as a common brothel, but the inhabitants of the same to keep good and honest rule as in other places of this realm. But though the siu was no longer allowed iu this place, yet the same sin stOl remained. [Stow concludes by a short extract from a sermon of Lati- mer's in proof of this, and alluding to the recent act of putting down the stews. The marginal note to the whole passage is, " Englisli people disdains to he 'bawds."'\ Camden's "Britain; or a Ghorographical description of " the most flourishing kingdoms, England, Scotland, and " Ireland:' Edition 1610. Middlesex. P. 434. After mentioning, in the Borough of Southwark, St. Thomas' Hospital and the Palace of the Bishop of 'Win- chester, the writer goes on to say : "From which along the "Tame's bank their runneth westward a continued range of " dwelling houses where within our fathers' remembrance was " the Bordello or Lupanarie, for so the Latine's terme those " little roomes or secret chambers of harlots wherein they " filthily prostitute their bodies to saUe, because they after "the maner of ravening she-wolves catch hold of silly " wretched men and pluck them into their hooles. But " these were prohibited by King Henry the Eighth, at which " time England was grown to excessive lasciviousnesse and * An allusion to such signs as these is made in " Much Ado about " Nothing," Act i.. Scene 1. ENGLISH LEGISLATION FROM THE EARLIEST TIMES. 517 " not ; which in other nations are contiaued for gaine, under Appendix, "a specious show of helping man's infirmity: Neither, of^ " these strumpets and brothel howses, do I think that this from " place in our tongue took the name of stews, but of those Camden's ° ' "Beitain. ponds or stewes which are heere for to feed pikes and r^^j, .■ g^j,^g .. " tenches fat and to scour them from the strong and muddy op South- "fennish taste. Heere have I seen pike's panches opened ^"^^^^ " with a knife to shew their fatnesse ; and presently the " wide gashes and wounds come together again by the touch " of tenches, and by their gluttinous slime, perfectly healed " up." The history of these stews in Southwark is authenticated and supplemented by a number of other writers of repute. Thus, in his "New History of London" (a.d. 1773) John John Noob- Noorthouck says that these stews were originally "licensed and '^^'^^^fio " regulated by the Bishops of Winchester ; the constitutions " for the government of which were confirmed by Parliament " in the eighth of Henry II." Peimant, in his account of London (a.d. 1793) says: "Ifot far from these scenes was Pennant's, " the Bordello, or Stews, permitted and openly licensed " ''^°?J'„°„''' " by government under certain laws or regulations. They " were farmed out. Even a Lord Mayor, Sir W. Walworth, " did not disdain to own them ; and he rented them to the " Froes, that is, bauds of Flanders. Among other regula- "tions no stew holder was to admit married women; nor,. " like pious Calvinists in Holland to this present day, were " they to keep open their houses on Sundays ; nor were they " to admit any women who had on tliem the perilous " i nfirmi ty of burning, &c. These infamous houses were " suppressed in. the reign of Henry VIII. The pretence of " these establishments was to prevent the debauching the " wives and daughters of the citizens, so that aU. who had " not the gift of continence might have places to repair to. " Perhaps, in days when thousands were tied up by vows of " celibacy, these haunts may have been necessary, for neither " cowl nor cope had virtue sufficient to annihilate the strongest " of human passions." Noorthouck notices the plundering of the stews by Wat Tyler in 1381 when they were "kept by 518 LAWS FOE THE REGULATION OF VICE. AppENDrx. HlSTOKT OF THE " Stews ' OF sodthwakk. 21 Henbt VII., A.D. 1506. " Flemisli 'bawds," their 'being shut up in 1506 (21 Henry VII.), their heing re-opened but reduced from eighteen to twelve, and their heing suppressed by proclamation in 1546 (37 Henry VIII.). Noorthouck adds that "Walworth's successor, John Northampton, rigorously punished vice, and the clergy cen- sured him for usurping their jurisdiction, though they them- selves neglected it. Fabtan's Chronicle. 17 Henbt VI., A.D. 1439. A.D. 1473. A. D. 1483. A.D. 1697. EXTKAOT FBOM Malcolm's " Manners AND Customs 01' London." According to Fabyan's Clironiele, neither the general laws nor the execution of them in Henry VI. 's reign were remiss in decisively punishing public acts of immorality. In the year 1439, in the month of August, in London, " where 2 " bawdes punished with werynge of raye hoodes, and after " xi days emprysonement, they were banysshed the towne " and dryuen out with moste shame." In 1473, the chronicle runs as follows : " 'William Hampton, fysshemonger (mayor), John Browne " and Thomas Bledlon (sheriffs). " This mayer above all other corrected sore bawdes and " . trumpettes, and caused theym to be ladde about the towne " w'. raye hoodes upon theyr heddes dyuers and many and " sparyd none for mede nor for fauor that were by the law " atteynted notwythstandyng that he myght haue take XL. " Ic. of reddy money to hym offerid for to haue spared 1 from " that jugement " (Pabyan's Chronicle, 2nd edition, 1533). The public penance of Jane Shore in a.d. 1483, will also be remembered. The existence and purpose of the " Stews " are recognised by Shakspere, in writing of the close of Eichard II. 's reign (a.d. 1399) [" Richard IL," Act v.. Scene 3]. The general attitude erf the Law, the Crown and the Church towards flagitious immorality immediately after the Eevolu- tion of 1688, is disclosed in the following circular letter of the Bishop of London (H. Compton) to the Clergy of his Diocese, which is given in Malcolm's Manners and Customs of London, 1811. "Dec. 15, 1697. ' Good Brother, "Having been informed from several hands that His ENGLISH LEGISLATION FROM THE EARLIEST TIMES. 519 "Majesty's Injunctions of February ISth, 1689— 90, have Appendix. " not been observed of late (in such a manner at least as is 77" ', ... i\ T 1 1 Malcolm's enjoyned) ; I thought it my duty to admonish you of this " Manmes " negligence, and the rather at this time, because His Maiesty ^™ Customs .. , ° , ' . , . ' J '' OE London." '• has declared m his speech to both Houses of Parliament j.jggop " that, now he has leisure to be with us, one of his chief Compton's " cares shall be to suppress Profaneness .and Immorality. ^^^^97^ " And would it not be a shameful reproach to us (a great " part of whose business it ought to be contitiuaUy to watch " against such sins), to be found tardy in those opportunities " which the laws have given us to warn people of their wicked "courses? * * * " Yours, "H. London." The following account of some of the above facts, as given Fdller's in Fuller's " Chvrch History," is here appended by way of in- hktoey'' troduction to the "Argument, Pro and Con.," which follows. Church Histm'y of Bi-itain from the Birth of Jesus Christ, until the year MDCXLVII. Endeavoured by Thomas FuUer, D.D. Edition, 1837. A.D. 1545. 37 HENBY VIII. Book V. Section 39 — 41. The Original of Stews. The Regulation of the Stews. The Fulleb's Impossihility to legitimate what in itself is unlawful. me ""stbws " of At this time also, by the kiag's command, were the Stews Southwakk. suppressed. A liae or two, I hope, wiU not defile our Church History, in the description and detestation of such filthy persons and practices. There stood a place on the south bank over against London, called " the Stews," where live fishes were formerly kept, there to be washed in ponds from their shme and muddiness, to make the more wholesome and pleasant food ; which was the original use of these stews, and the proper meaning of the word. Afterwards the place was converted to a worse use, but stUl retaining its own name, from the scouring of fish to the defiling of men ; brothel- houses being built there, and publicly permitted by the State. 520 LAWS FOR THE REGULATION OF VICE. Appendix. These -were sixteen in numbers, known hj tlie seTeral signs, whereof one was "The Cardinal's Hat"; and it is to he AoooTJNT OF feared that too many of the clergy (then forbidden marriage) THE Stews of -were too constant customers to it. Such who lived in these colleges of lust were called " single women " ; and pity it was so good a name was put upon so lewd persons. Divers constitutions were made in the eighth year of King Henry II. for the regulating of these houses ; whereof may inoffensively, yea, profitably, be inserted : — 1. No stew-holder should keep open his doors on the holidays, or keep any in his house on those days. 2. No single woman to he kept against her will, if out of remorse of conscience she would leave that lewd life. 3. No stew-holder to receive any man's wife, or any "woman of religion." 4. No man to be drawn or enticed into any of those houses ; and the constables and bailififs were every week to search the same. They were not to sell bread, ale, flesh, fish, wood, coal, or any victuals. This was done, partly because they should not engross those trades, being the livelihood of more honest people ; and partly lest simple chapmen, in seeking for such neces- saries, should be inveighled into sin. Such women, living and dying in their sinful life, were excluded Christian burials, and had a plot of ground far from the parish church appointed for them, called " the single woman's church-yard." These cautions and constitutions could not make them who are bad in themselves to be good, though keeping some who were bad from being worse ; such a toleration of sin being utterly unlawful. For though natural poisons may by art be so qualified and corrected as to make them not only not noxious, but, in some cases, as wisely applied, cordial ; yet moral poisons, I mean things sinful of themselves, can never be so ordered and regulated, but that still they wiU remain pernicious and unlawful; the only way to order and amend them being to remove and extirpate them. 42. Argument Pro and Con. about Stews. Fuller's Yet there wanted not those (better idle than so employed) Pro and ^ ° endeavoured with arguments to mamtam — some (so Con." shameless) the necessity — but more the conveniency — of such ENGLISH LEGISLATION FROM THE EARLIEST TIMES. 521 brothel-houses. No -wonder if -wanton, -wits pleaded for Appendix. -wanton -women. "Whoredom, like the -whores, -was painted j'ullbr's over -with politic reasons for the permission thereof, -which " Chuboh may easily be -vrashed away if the following parallel be but ^i^''"^^- seriously perused. Pjjo ^^j, Con." as to Argument I. Man's infirmity herein, since his natural Licensed corruption, is grown so general, it is needful to connive at such houses, as a kind of remedy to prevent -worse incon- tinency with married women ; the -whole land being the cleaner for the pubhc sinks or se-wer of the ste-ws. Ans-wbe. It is absurd to say, and belibeUeth Divine Pro- vidence, that any thing is really needful that is not la-wful. Such pretended necessity, created by bad men, must be anni- hilated by good la-ws. Let marriage run in its proper channel, being permitted to all persons ; and then no need of such noisome sinks -which may -well be dammed up. The malady cannot be accounted a remedy ; for -whUst matrimony is appointed and blessed by God to cool the heat of lust, -whore- dom doth double the drought thereof. Aegument II. As Moses permitted divorcement to the Je-ws, ste-ws may be connived at on the same account, for the hardness of man's hearts, Mark x. 5. Answee. Christians ought not so much to listen to Moses' permission, as to Christ's reprehension thereof. Besides, some faults had a cover to them in the t-wiEght of the la-w, -which have none in the sunshine of the Gospel Argument III. Strange -women were no strangers in Israel itself under their best kings ; t-wo of that trade, publicly known., pleaded before King Solomon, 1 Kings iii. 16; these -were publicly repaired unto and known by the attire of an harlot, Prov. xii. 10. Answbe. Christians must conform themselves to the necessary members and commendable ornaments of the Je-wish commonwealth, but not to the wens and ulcers thereof. Argument IV. Many great families were preserved 522 LAWS FOB THE EEGULATION OF VICE. Appendix. Fullee's " Chukoh HiSTOKT." " Argument Pbo and Con." as to Licensed Houses. thereby, whose younger bretlireii, abstaining from marriage, ' did not cumber tbe same witb numerosity of children. Answer. Where harlots have preserved one house, they have destroyed an hundred. Besides, we must not do evil that good may come thereof. Nor can many children be accounted evils to men, which are blessings from God. Aegument V. Such stews are fashionable in foreign nations ; yea, in Rome* itself. Answer. Let the Paramount Whore tolerate whores, which, as a branch of popery, was now banished England. More honour it is for us to go before foreign nations in Eefor- mation, than to follow them in their corruptions. Argument VI. The suppressing of stews would not make men more chaste, but more close ; not more sincerely honest, but secretly wanton. In all populous places, male incon- tinency will meet with a female counterpart, and so recipro- cally. Answer. This undeniable truth is sadly granted. Per- chance there may now be more English folk adulterers, but Attitude op * Tlie Cliurch of Rome has never actually sanctioned laws for the THE Church regulation of vice in the City of Home, and indeed has set its face per- sistently against them ; but a virtual and peculiarly noxious license of Prostitution brothels, similar to that which the evidence produced before the English IN Rome. Royal Commission of 1871 proves to be accorded by the police in this country {ante, pp. 133 — 136), has traditionally existed at Rome. Dr. Chap- man says (Governmental Experiments in Controlling Prostitutimi, p. 21), " that two classes of houses are familiarly recognised in Rome, maisons de "passe and lupanars mixtes. These establishments are conducted in " obscurity, and of course the women who frequent them are submitted " to no kind of sanitary surveillance. The police, learning sometimes " of their existence, leave them nevertheless in some oases undisturbed " when the inhabitants of the neighbourhood make no complaint, and " when no scandal calls for repression. But the existence of these " houses is often dependent on the caprice of the lowest police officials, " whose silence is duly paid for, while their repressive rigour may be " confidently counted on by those who refuse to purchase their acqui- " escence. Those proprietors who are most disposed to defy the police " and escape their recognition, move their establishments frequently "from one house to another." (S. A.) ENGLISH LEGISLATION FROM THE EARLIEST TIMES. 523 England was then an adulteress, so long as stews were Appendix. openly licensed. It was a national sin, when publicly per- i'dllek's mitted, which now is but personal, though too generally " Choech committed. Histoby." Thus, chastity, by the countenance of authority, got at last Prq and a final conquest of wantonness. Indeed, formerly, in the Con." as to one-and-twentieth year of Henry VII., for a time the stews Houses. were closed up, but afterwards opened again, though reduced from sixteen to twelve. But now, by the king's command- ment, this regiment of sinners was totally and finally routed ; the king's pleasure herein proclaimed by sound of trumpet, and their houses peopled with other inhabitants of honest conversation. Fuller's Editor appends the following note to the Answer Fuller's to the Vlth Ai-gument :— Justification ° FOK TkEATING Dr. Heyhn bears very hard upon our author for his reason- ^^^ oubjeot. ing on this nauseous subject, and expresses his fear lest his " arguments will be studied and made use of when his " answers vnll not." In his justification, Fuller produces the following among many just observations : — " It is reported " of Zeuxis, that famous painter, that he so lively pictured a " boy with a rod in his hand, carrying a basket of grapes, " that birds (mistaking them for real ones) pecked at them ; " and whilst others commended his art, he was angry with " his own workmanship, confessing that if he had made the " boy but as well as the grapes, the birds durst not adventure " at them. I have the same just cause to be offended with " my own endeavours, if the arguments against these schools " of wantonness should prove insufficient ; though I am " confident that, if seriously considered, they do in their own " true weight preponderate those produced in favour of " them. However, if my weU-intended pains be abused by " such who only wiU feed on the poisons, wholly neglecting " the antidotes, their destruction is of themselves, and I can " " wash my hands of any fault therein." The history of the Licensing of the Stews in Southwark between the years a.d. 1161 and a.d. 1545, marks, in how- 524 LAWS FOE THE REGULATION OF VICE. Appendix. PUEITAN Legislation IN 1650. AOOOUNT OP THE Act op THE 10th Mat, 1650. Whitelook's "Memo- EIALS." ever limited an area, a distiact phase of policy ia relation to the general suhject. The extract from Fuller shows that, at the time he wrote, in the second and third quarters of the 17th century, men's minds were beginning to be agitated by the grave moral difficulties which beset the licensing system. Soon after the death of Charles I., the supremacy of the Puritans secured the passing of a severe enactment " for suppressing the detestable sins of incest, adultery, and " fornication." The Act was finally passed, after some debate and amendments, on the 10th May, 1650. Incest and adultery were to be generally punished with death. In case of fornication, both parties were to be punished with three months' imprisonment without bail, and were to give security for good behaviour for a year. Every '' common " bawd, be it man or woman '' or person " wittingly keeping a " brothel or bawdy house," for the first offence was to be openly whipped, set in the pillory, and then marked with a hot iron in the forehead with a B ; also to be committed to the House of Correction for three years without bail, and until sufficient security be given for good behaviour during Hfe. The persons a second time found gmlty of all the last recited offences were to suffer death. All prosecutions were to be commenced within twelve months {Parliamentary History of England, 2nd ed., vol. xix., p. 259, Scobell's Acts, Ed. 1658, p. 121). Mr. Whitelock, in his "Memorials" (ed; 1732, p. 435), in noticing the passing of this enactment, adds a significant fact which shows that the uselessness of penally repressive measures was recognized at the time even within the confines of Parliament itself, and which Hlustrated the prevalence of the rival views exhibited in Fuller's "Arguments." Mr. Whitelock says that " Mr. Henry Martin declared his " opinion that the severity of the punishment by this Act " being death would cause those sins to be more frequently " committed, because people would be more cautious in com- "mitting them for fear of punishment; and, being undis- " covered, would be emboldened the more in the commitment " of them." From the date of the impotent effort of this Act of 1650, a hundred years passed before the next phase of legislation presented itself, and which extends from the year 1752 ENGLISH LEGISLATION FROM THE EARLIEST TIMES. 525 almost to the present -day. In 1752, 1755, 1763, and 1818 Appendix. were passed a series of statutes* (25 Geo. II. c. 36, 28 Geo. prosbcdtion II. c. 18, 3 Geo. III. c. 114, and 58 Geo. III. c. 70) " in op Beothel- " order to encourage prosecutions against persons keeping '^''^^^s- " bawdy-houses, gaming-houses, and other disorderly houses." 1-^0^752"' Any two rate-payers might prosecute, and upon a conviction, to 1818. each of them was entitled " to have ten pounds paid to him " by the overseer of the parish." The most recent general statute of this class is the " Towns Police Clauses Act " of Towns Police 1847, 10 & 11 Vict. c. 89, by which persons keeping bouses ^g^^"™ ^j°^; or rooms for the sale or consumption of refreshments, and 0. 89. knovsdngly suffering " common prostitutes " or reputed thieves a-d- 1847. to assemble and continue in the premises, are made liable to a penalty not exceeding five pounds. Of course none of these statutes supersede the rules of common law by which the keeping of a bawdy-house, and even the frequenting of it, is a common nuisance, and may be the subject of an indictment (Burn's "Justice," Maule's edition, "Disorderly House "). In the year 1844, about a hundred years after the passing a.d. 1844. of the first statute of George II. 's reign, and three years before Bishop Philpotts' the passing of the Towns' Clauses Police Act, a series of -q^^-^^ debates took place in the House of Lords on a BiU introduced by the Bishop of Exeter (Dr. H. PhUpotts) " for the more " effectual suppression of prostitution, and trading in " seduction and prostitution." This debate is of considerable historical importance in the chain of legislation, as it seems to mark the earliest moment at which the question of the propriety of a licensing system incidentally came under the distinct cognizance of the legislature. The debates furnish good evidence of the well-known statesmanlike capacity of Dr. Philpotts, and his exact appreciation of all the issues at stake. The Bill was introduced on May 17th, 1844, and only withdrawn at the instance of the Duke of Wellington, a Member of the Cabinet, on the motion for a third reading on July 9th. In introducing the Bill the Bishop of Exetbb * See p. 127. 526 LAWS FOE THE REGULATION OF VICE. Appendix. Bishop Philpotts' Bill m 1844. Debates in House op LOKDS. Policy op Bishop Philpotts. presented a petition on wliioh it was founded, and said "he " had been lq communication with the petitioners with a "view of inducing them to content themselves with embody- " ing in a Bill such provisions as would really be practicable " without violating any priaciple of law, without undue " inquisition into the habits of individuals, and, in short, " without incurring the danger of encouraging vice by its "public exposure." The Earl of Mountcashell said that "no legislative " measure with relation to that subject had been adopted " since the reign of George II., and the present law was so " imperfect that it was a matter of difficulty to sustain a " prosecution even in the most flagrant cases." On the motion for the third reading the Eael of Gallo- way protested against the BUI being withdrawn, and said " there was a clause intended to provide for the suppression " of a system which was emphatically called in the title of " the Bin, the trading in seduction and prostitution; a system " which he lamented to state had been proved to be carried " to a frightful extent of organization, both in our large " towns and in the country, by which unprincipled parties " pandered to the bad passions of their fellow creatures by " entrapping young women to their ruin, the dupes of every " species of stratagem and combination ; and often the "merest children fall victims, and their own families and " that of the families with which they were connected were " blasted for ever." On the Bill passing through Committee on June 14th, the Bishop of Exetee indicated his line of poHcy as purposing to grapple with the real evils, so far as legislation could grapple with them, and yet being clearly distinguishable from the policy of attempted penal repressions, and from that of a licensing system. He said "that he had stated "that he did not propose to legislate against prostitution, " but it must not be considered that he declined to do so " because he thought prostitution to be necessary — ^no such " thing ; he should blush for himself if he dared to get up "in a British House of Parliament and say he thought ENGLISH LEGISLATION FROM THE EARLIEST TIMES. 527 "prostitution necessary, and it was mere cant ia some Appendix. " persons to say that it was necessary in order to prevent " greater evils from prevailing ; it was a libel upon the Philpotts on "people of England and against God, "Who never -nrould ™e Alleged " ^Necessity of " have fixed His canon against the thing if it were a Peostitdtion. " necessary thing. It might he said that where there were " great masses of population, it was necessary there should " be prostitutes, but why in great masses more than in the "rural districts'? In the country men passed their lives " without seeing prostitutes. He did not mean to say that " every woman was wholly modest, but this he would say, " that in the rural districts men grew up to maturity and " were gathered to their fathers without seeing prostitution." It is an instructive historical study to contrast the course and spirit of these debates as governed by such speeches as the above, and the debate of 1868 on the Contagious Diseases Acts, as conducted under the influences of the official military and naval authorities (see ante, p. 463 — 468). 528 LAWS FOR THE REGULATION OF VICE. SUMMAEY VIEW OF ENGLISH LEGISLATION. The f oUowing is a summary chronological view of the chief legislative steps that have heea taken or attempted ia England for the direct prohibition, regulation, or licensing of sexual vice. Only the statutes marked with a t are iu force. The rules of the Common Law wOl he found on pp. 127, 128. Act for Licensing Stews in Southwark (see p. 515) Act repealing Act of Henry II. Fresh license granted (presumably) by the Crown to 12 out of the 18 Stews Proclamation abolishing the Stews (see p. 514) Statute of Interregnum "for repressing the detestable sins "of Incest, Adultery, and Fornication" (see p. 524) Act " for encouraging prosecutions against persons keep- "ing bawdy-houses," &o. (see p. 127) + Act making the last mentioned Act perpetual t Act declaring the penalties under Act 28 Geo. II. c. 18 + Act enabling overseers to prosecute under 28 Geo. II. c. 18 t Act punishing " Common Prostitutes for behaving in a "riotous or indecent manner" in public thorough- fares, &c., &o. (Vagrant Act) (see p. 497) Bin, of the Bishop of Exetei-'s "for more effectual suppres- sion of Brothels and Trading in Seduction and Pros- titution " (see p. 525) + Act imposing penalties on publicans suffering " com- " mon prostitutes to assemble and continue in pre- " mises," &c., &c. (Towns Police Clauses Act) see p. 127 Contagious Diseases Prevention Act (p. 429) [To con- tinue in force for three years] t Contagious Diseases Act, 1866 (p. 344) Marquis of Tovmshend's Bill for extending 29 Vict. c. 39, to the Metropolis and CoiporateBoroughs (pp. 469, 470) + Act explanatory of 29 Vict. c. 35 (p. 470) . + Contagious Diseases Act, 1869 (p. 369) Bill of Mr. W. Fowler's for Repealing Contagious Diseases Acts " Contagious Diseases and Protection of Women " Bill of Mr. Bruce's (p. 496) Repeal Bill of Sir Harcourt Johnstme's .... Do. do. do. .... 8 Henry 11. 21 Henry VII. 37 Henry VIIL Interregnum. 25 Geo. n. c. 36. 28 Geo. II. c. 18. 3 Geo. IIL c. 114. 58 Geo. in. 0. 10. 5 Geo. rv. c. 83. 10 & 11 Vict. c. 27 & 28 Vict. c. 85. 29 Vict. c. 35. 31 & 32 Vict. c. 80. 32 & 33 Vict. c. 33 & 34 Vict. 35 & 36 Vict. A. D. 1161 1506 1645 1650 1752 1755 1763 1818 1824 1844 1847 1864 1866 1868 1868 1869 1870 1872 1875 1876 INDEX A. ABEEDARE, LOED, account of his biU of 1872, 161, 162 ACT, ENGLISH, of 1161, described, 259, 514, 515 „ of 1650, account of, 524 „ of 1864, account of, 158, 423—435 „ „ text of, 429 „ of 1866, text of, 344 „ of 1868, text of, 471 „ of 1869, text of, 369 ACTON, Mr., his work as an authority on the regulations, 259, 260 „ „ his account of the German system, 315, 316 „ „ his account of the system in Hambiirg, 318, 319 >, „ his account of the system in Vienna, 321 „ „ his attitude towards the continental methods, 5 „ „ extract from his work, in reference to licensed houses, 110—112 » I) on provision for venereal patients in London hospitals, 138, 139 „ „ in reference to Sf. Lazare hospital, 142 ), „ his remarks on the propriety of the licensing system, 217, 260^ „ „ his evidence before Lords' Select Committee of 1868, 461, 462. ADMINISTRATION, as opposed to law on the continent, 103 AIREY, SIR RICHARD, his evidence as to improvement in soldiers' condition, 173, 174 ALBERT HOSPITAL, ROYAL, evidence on moral influence in, 210 ALDERSHOT, Dr. Ross's evidence as to practice at, 169 „ ,, Barr's evidence respecting circumstances of, 169, 170 ALEXANDER, COLONEL, his speech in support of the iSnglish Acts, 16 AMERICAN MEDICAL ASSOCIATION, Professor Gross' address before the, 19 ANNISS, INSPECTOR, his definition of a prostitute, 66 „ „ his practice in obtaining a voluntary sub- mission, 84 ARRESTS OF PROSTITUTES IN PARIS, number of, 32, 69 M M 530 INDEX. B. ' BALFOUR, Dr., his evidence on periodical examinations, 42 1, „ his dissent from Report of Committee on Venereal Diseases, 446 — 449 BAKE, Dr., his evidence on circumstances of Aldershot, 169, 170 BAWDY HOUSES, English common and statute law respecting, 126— 128 BELGIUM, account of the regulations in, 262— 278 BELHOMME AND MARTIN, Drs., their opinions as to frequency of examination, 44. „ ,, „ „ „ views as to mode of ex- amination, 45, 46, 50 BERKELEY HILL, Mr., his evidence as to mode of licensing prosti- tution at Hong Kong, 171 BERLIN, extract from report on state of prostitution in, 68, 69, 205 „ account of the licensing system in, 314, 317 BILL of Bishop of Exeter in 1844, 525 „ of 1864, text of, 425 „ of Marquis of Townshend of 1866, text of, 469 „ of Mr. Bruce of 1872, text of, 496 BOMBAY, account of the regulations in force in, 379 — 402 BOREL, M. le Pasteur, his account of licensed houses, 112 BORDEAUX, account of inscriptions at, 70 „ modes of securing punctual attendance at examinations at, 96 „ account of the regulations at, 301 — 303 BOURBONNE, M. DE, his explanation of regulations at Rheims, 290 BREST, account of arrangements, made at, 311 BRIDGES, Dr., his views on the Act of 1864, 160 BROTHELS, account of laws respecting, 106 sq., 514 — 523 English common and statute law respecting, 126 — 128 ", contrast of English and foreign attitude towards, 204 sq. „ patronage of, essentially implied in the system, 252 „ policy respecting, the same everywhere, 213, 214 BROTHEL KEEPERS, evidence of their concert with poUoe, 133 — 136, 205, 206 ,, „ in favour of the Acts in England, 134 BROWN, Miss, her evidence as to immoral effects of the examination, 58 INDEX. 531 BRUCE, Mr., account of his biU of 1872, 161, 162, 496 BRUSSELS, account of discussion at Interuational Medical Congress at, 1, 2 „ regulations, extract from, in respect of dismissals from the register, 90, 91 » „ as to licensed houses, 108 „ transcript of regulations now in force at, 262 — 278 BULTEEL, Mr., his evidence on periodical examinations, 43 BURKE, his remarks on political disquaUfioations of professional men, 228 BUXTON, Mr. CHARLES, his views on the Act of 1864, 159, 160 C. CAPE COLONY, history of regulations in, 408, 409 CASTIGLIONI, Dr., his report on licensed houses, 119, 120 CERTrFIED HOSPITALS, general influence of, 253 „ „ general account of laws relating to, 138, 208 „ „ the English Acts, on, 142—145, 208 „ ' „ operation of, the same everywhere, 214, 215 CEYLON, regulations in force in, 407 CHAPMAN, Dr., his pamphlet referred to, 258 ,, „ his account of the practice in respect to prostitution in Rome, 522 CHILDERS, Mr., account of his scheme in respect of hospitals, 162, 163, 165, 172, 177 CHRISTIANIA, practice of sanitary police of, 170 CLANDESTINE PROSTITUTION, Dr. Jeannel on, 4 CLASS, the separation of prostitutes as a, criticised, 35 — 40 COCQ, PROPESSOR, his scheme for securing punctual attendance at examinations, 95 CODE, PENAL, how far the system in France derives its force from the, 16, 17 COMMONS, debate in House of, in 1866, 450, 451 evidence before Select Committee of, in 1869, 474, 481 CONFESSIONS, EngUsh law as to, 80, 81 CONGRESSES, International Medical, 1, 2 M M 2 532 IKDEX. CONSTITUTION, principles of the EngUsh, scrutinised, 74 CONTAGIOUS DISEASES ACTS, views of foreigners upon the, 2,3 „ „ „ text of the, 344—384 ' COPENHAGEN, general character of regulations in, 323 COUE DE CASSATION, extract from judgment of, 258 COWPER-TEMPLE, Mr., and Professor MAURICE, their views on the Act of 1864, 160 CRIME, how far prostitution can be treated as a, 75 D. DAIiHOZ, M., his work in reference to prostitution, 279 DAVILA, M., his suggestion as to sanitary directions to prostitutes, 170 DENMARK, account of the regulations in, 323 DISEASE, function of the State in respect of, 54, 55, 231, 234, 235 DISORDERLY HOUSES, English common and statute law respecting, 126— 12S DOCTORS, their capacity for dealing with the subject, 5, 6, 228 „ French, their controversy with the police, 4, 40 DUCHATELET, his opinion on the intervention of the legislature, 17 extract from his work, with respect to procedure, 77,78 „ letters quoted by, concerning licenses for houses, 115 „ his account of the ages of women registered at Paris, 257 „ his work as an authority on the regulations, 260 „ his account of the regulations at Copenhagen, 323 E. EDUCATIONAL effects of registration, 39 ENGLAND, formalities attending registration in, 72 „ „ „ dismissals from register in, 91 „ modes of securing punctual attendance at examinations in, 97 „ text of the Acts in force in, 344 — 384 ENGLISH common and statute law respecting disorderly houses and brothels, 126—128, 628 „ Act of 1161 described, 259, 514, 515 INDEX. 533 ESQUIROS, M. ALPHONSE, on Uoensed houses, 110 EXAMINATIONS, PERIODICAL, account and criticism of the 41-52 » ,< report of Royal Commission of 1871 on, 42 » ,, Dr. Balfour's evidence re- specting, 42 )) „ Mr. Bulteel's „ „ 43 » „ Mr. Lane's , „ 43 „ „ Mr. Pickthorn's „ „ 43 „ „ frequency of the, in different countries, 44 „ „ report of Royal Commission of 1871, as to number of, in 1 870, 52 >, „ modes of securing attendance at, 94 sq., 303 F. FAZIO, Dr. EUGENIO, extract from lecture by, 180, 181 FILLES ISOLEES, meaning of, and regulations respecting, 106 sq. „ DEMAISON „ „ 106 sq. FLORENCE, proceedings at International Medical Congress at, 1 FRANCE, account of the regulations in, 279 sq. FULLER on the history and regulation of " stews," 519 — 623 G. GENEVA, revision of penal code of, in respect to imprisonment by police, 71, 225, 226 GENOA, transcript of regulations in, 327 — 343 GERMAN PENAL CODE, THE, in reference to prostitution, 314, 315 „ „ ,, „ Dr. Zinn's amendments to, 314, 315 „ SYSTEM „ Mr. Acton's account of, 315 GERMANS, their practice during the siege of Paris, 96 GERMANY, history of the licensing system in, 68, 69, 205, 314 sq. GROSS, Professor, his opinions on prostitution, 19 GUYOT, M. YVES, proceedings in reference to him, 289 H. HAMBURG, recent regulations at, respecting licensed houses, 108, 117 „ account of the system in, 318 — 320 534 INDEX. HARDY, Mr. his speech in support of the English Acts, 16 HARRIS, Captain, his report examined, 196, 197 „ „ evidence before jjords' Select Connnittee of 1868, 459, 460 HAWKER, The Rev. JOHN, evidence of, on moral influence in the Royal Albert Hospital, 209, 210 HILL, Mr. BERKELEY, his evidence as to mode of licensing prosti- tution at Hong Kong, 171 HONG-KONG, facilities presented by conditions of, 33 ,, regulations as to licensed houses, 109, 171 „ Mr. Berkeley Hill's evidence as to, 171 „ general account of the regulations in, 386 — -396, 407 HOPGOOD, Mr., his evidence as to immoral effect of the examina- tions, 57, 58 HOENUNG, Professor, his exertions for the revision of the Penal Code in Geneva, 71 „ „ extract from his Essay on Prostitution, 225, 226 HOSPITAL OF ST. LAZARE Mr. Acton in reference to the, 142, •/09 „ LOURCINE, the, what it is, 209 ROYAL ALBERT, evidence respecting moral influence in, 210 HOSPITAL REGULATIONS at Marseilles, 308—310 HOSPITALS, account of laws relating to certified, 138, 208 „ Mr. Acton on provision for venereal patients in London, 138, 139 the English Acts on certified, 142—14.5, 208 ,, problems involved in institution of voluntary, 151, 152 „ „ „ „ government, 158, 234 „ operation of certified, the same everywhere, 214, 215 I. INDIA, Dr. Ross's evidence as to practice in, 3, 4, 33, 168, 169 INFORMATION an, under the 29th Vict ch. 35, description of, 72, 73, 202 INNER MISSION OF THE EVANGELICAL CHURCH OF GERMANY, its petition about licensed houses, 117, 118 INSCRIPTION, description of various sorts of, 70 sq. „ formalities attending, in Paris, 56, 195 „ description of Italian practice respecting, 195 INDEX. 535 INSCRIPTION, M. Lecour on, 194 d'office, 70, 201, 202 „ Tolontaire, 70, sq., 201, 202 INTERNATIONAL MEDICAL CONGRESS AT BRUSSELS, account of discussion at, 1, 2 INTERNATIONAL MEDICAL CONGRESS AT FLORENCE, proceedings at, 1 INTERNATIONAL MEDICAL CONGRESS AT PARIS, subject of discussion at, 1 INTERNATIONAL MEDICAL CONGRESS AT VIENNA, sub- ject of discussion at, 1 INTERROGATORY IN USE AT MARSEILLES, form of, 306, 307 ITALIAN regulations, extract from, in respect of dismissals from the register, 90 „ regulations on licensed houses, 107 „ „ on hospitals, 142 ITALY, text of regulations in, 327—343 JAMAICA, regulations in force in, 407 JAPAN, account of regulations in, 414— 41 S- JEANNEL, Dr., his opinion on the English Acts, 2 „ on clandestine prostitution, 4 „ on the arbitrary control of the police, 68 „ his account of the voluntary inscription, 71, 201 „ his scheme for securing punctual attendance at ex-^ aminations, 96, 303 „ his scheme for special hospitals, 163.— 165- „ on proceedings before ihe police, 203 „ his comments on a licensing system jn reference to legislation, 217, 218 „ his work as an authority on the regulations, 260 L. LAISSER FAIRE, system of, what it does, 14 LANE, Mr., his evidence on periodical examinations, 43 LAWS FOR REGULATING VICE, authorities on, 259, 260 LAW AND POLICE REGULATIONS, oontrasterl, 15, 68 „ aspect of English, towards police, 86 _ as opposed to Administration, on the coutment, Wi 536 INDEX. LECKY, Mr. , extract from his " European Morals," about prostitution, 18 LECOUE, M., hia opinion on the EngUsh Acts, 2, 183—185 „ „ account of hia controversy with French doctors, 4, 5, 40, 67, 68 „ „ his account of the arrests in Paris, 32, 69 „ „ his assertions in respect of dismissals from the register, 89 „ „ his account of the German practice during the siege of Paris, 96 „ „ statistics respecting licensed houses in Paris, 116 „ „ judgment of Cour de Cassation cited by, 258 „ „ on the history of the system in Paris, 280 LEGISLATOR, functions of the, as contrasted with those of medical men, 6, 7 „ general functions of the, 216 sq. LICENSED HOUSES, account of laws respecting, 106 sq. „ „ contrast of English and foreign attitude to- wards, 204 sq. „ „ patronage of, essentially implied in the system, 252 LIVERPOOL, effectual suppression of brothels in, 183 LODGING-HOUSES, their relation to brothels as matter for police interference, 136 LONDON, effectual suppression of brothels in, 133 LORDS, discussion in House of, in 1844, 525, 526 in 1868, 463—468 „ evidence before Select Committee of, in 1868, 454—462 LOURCINE Hospital the, what it is, 209 M. MACDONALD, Superintendent, his definition of a prostitute, 66 MADRID, account of the regulations at, 324 MAISONS DE TOLERANCE, account of laws respecting, 106 sq. „ DE PASSE, 106 sq. MALTA, facilities presented by conditions of, 33 „ Mr. Pickthorn's evidence concerning practice at, 171, 172 „ general account of regulations at, 403 — 406 MARQUIS OF TOWNSHEND'S Bill of 1868, text of, 469, 470 MARSEILLES, account of regulations at, 304, 310 „ form of interrogatory used at, 306, 307 „ hospital regulations at, 308 — 310 MASSE Y, Jlr., his speech in reference to the examinations, 47 ,) „ his speech iu reference to the English Acts, 16 INDEX, 537 MAURI AC, Dr., letter of, on regulation system, 179 „ „ his view of the nature and history of venereal diseases, 25, 26 MAURICE, Professor, and Mr. COWPER-TEMPLE, their views on the Act of 1864, 160 MEDICAL MEN, French, their controversy with the police, 4, 40, 67, 68 „ „ their capacity for dealing with the subject, 5, 6, 7, 228 THEORY, exposition of the, involved, 24, 25 METROPOLITAN POLICE, discussion and evidence as to policy of employing, 189—192, 456, 474 MILAN, text of regulations in, 327—343 MILL, Mr. J. S., his evidence before the Royal Commission of 1871, 53,64 MORAL ASPECTS of QUESTION, exclusion of, how obtained, 7 „ FUNCTIONS OF THE STATE, according to M. E. de Preasens^, 241—244 „ INFLUENCES OF THE SYSTEM, 253 „ INVESTIGATION, true subject of, 255 MIREUR, Dr., citation from his Work, respecting an international system, read at Brussels, 2 „ „ his criticism of M. Davila's suggestions, 170 „ „ his view as to frequency of examinations, 45, 46 „ „ account of his scheme, 3, 32, 123 N. NANTES, form of municipal decree introducing regulations at, 312, 313 NECESSITY OF PROSTITUTION, examination of doctrine of aUeged, 10—13, 19 NEW SOUTH WALES, proposed regulations In, 410, 413 O. OFFICIAL INSCRIPTION, what it is, 70 P. PAGET Sir James, his evidence before Lords' Select Committee of ' 1868, 455 538 INDEX. PARENT DUCHATELET, on the regulations at Copeniagen, 323 „ „ his work as an authority on the regula- tions, 260 „ „ his aocoimt of- the ages of women registered at Paris, 257 „ „ his opinion on the intervention of the legislature, 17 „ „ extract from his worlc, with respect to procedure, 77, 78 „ „ letters quoted by him concerning licences for houses, 115 PAKIS, regulations as to licensed houses, 108 „ account of the St. Lazare hospital in, 142 „ general account of the regulations in, 279 — 289 „ action of municipal council of, 288, 289 „ subject of discussion at International Medical Congress at, 1 „ number of arrests of prostitutes in, 32, 69 ,, classiiication of inscriptions in, 70 „ statistics of dismissal from register in, 89 „ the degree of regularity in attending examinations in, 95 PENAX/ CODE, how far the system in France derives its force from the, 16, 17 „ „ the German, in reference to prostitution, 314, 315 „ ,, „ „ Dr. Zinn's amendments to, 314, 315 PERIODICAL EXAMIXATIOXS, account and criticism of the, 41—52 „ „ frequency of the, in different countries, 44 ,, „ modes of securing attendance at, 94 sq. „ „ evidence before Royal Com- mission as to immoral effects of, 57—59, 63 „ ,, Dr. Balfour's evidence re- specting, 42 „ „ Mr. Bulteel's, 43 „ „ Mr. Lane's, 43 „ Mr. Pickthorn's, 43 „ „ report of Royal Commission of 1871 on, 42 PHILLIPS, J. A. (Police Constable), his evidence as to immoral effect of examinations, 58, 59 ,, „ „ „ his evidence of concert between police and brothel keepers, 135 PHILLIPS, Mr. W., evidence of , as to repressing brothels at Plymouth, 128 PICKTHORN, Mr., his evidence concerning practice at Malta, 171, 172 ,, „ „ „ periodical examinations, 43 PLYMOUTH, account of bye-law for repressing brothels, 128 POLICE, evidence of their concert with brothel keepers, 133 —136 : INDEX. 539 POLICE, CONTINENTAL, characteristics of, 193, 194 „ METROPOLITAN, discussion and evidence as to policy of employing, 189—192, 456, 474 continental and English views of, contrasted, 102, 103 aspect of English law towards, 86 French doctors' controversy with the, 4, 40, 67, 68 general duties of, in controlling a prostitute's life, 98, 99 powers given to the, under EngUsh Acts, 100, 101 PKESSENSE, M. E. DE, his speech on the moral functions of the state, 240, 244 PROSTITUTE, attitude of medical writers towards the, 27, 28 „ results of a medical interpretation of the term, 38 „ legal definition of a, 65—67, 70 PROSTITUTION, French law- on, as given in M. Dalhoz' work, 279 R. RADIATION, account of modes of, 89 sq. REFORMATION, general effect of the Hcensing system on, 237 REFORMATION OF INDIVIDUAL WOMEN, effect of registra- tion upon, 35, 36 REGISTER, account of modes of dismissal from the, 88 sq. „ „ of the, as kept in England, 1 97 REGISTRATION, account of provisions for, 22 sq. its objects and methods, 31 description of various modes of, 70 sq. voluntary, account of, 70 sq., 201, 202 official, 70, 201, 202 an effective, really takes place in England, 212 general modes of, the same everywhere, 213 general effects of, 251 English mode of, 195—198 M. Lecour on, 194, 195 Italian practice respecting, 195 French practice respecting, 195 contrast of English and foreign modes of, 194, 200 REGULATIONS, authorities on, 259, 260 RELIGIOUS SERVICES IN HOSPITALS, provision for in English Acts, 149 REMEDIES, suggestions as to general, 238 RHEIMS, account of the regulations in, 290—300 „ judgment of the Court of, 292—300 540 INDEX. EIDER, Mr., liia evidence as to the voluntary submissioii, 83 „ „ his evidence as to practice of police in reference to dismissals from register, 92 HOME, practice in respect to prostitution in, 522 EOSS, Dr., his evidence on practice in India, 33, 34, 168, 169 „ „ „ at Aldershot, 169 ROYAL COMMISSION OF 1871, report of, as to value of periodical examinations, 42 ,j ,, ,, report of, as to number of ex- aminations in 1870, 52 „ „ „ report of, as to general effects of periodical examinations, 57 „ „ „ Miss Brown's evidence before, as to immoral effects of periodical examinations, 58 „ „ „ Mr. Hopgood's evidence before, as to immoral effect of examina- tions, 57, 58 „ „ „ J. A. Phillips' evidence before, as to immoral effect of examina- tions, 58, 59 „ text of recommendations of, 482^ 496 „ „ „ report of, as to the functions of the legislature, 219 S. SANITARY CLASSIFICATION, moral results of a, 37 SIMON, Mr., his report on degree of prevalence of venereal affections, 166 „ „ his evidence before the Commons' committee of 1869, 478 SKEY, Mr., his evidence before Lords' select committee in 1868, 454, 458 SMITH, Inspector, his evidence as to concert of police with brothel- keepers, 133, 134 SPAIN, account of the regulations in, 324 — 326 STATE, functions of the, in reference to contagious diseases, 54, 55, 231 „ comment on the general functions and duties of the, 216 sq. „ „ by M. E. de Pressensd on the moral functions of the, 240—244 ST. LAZARB, Mr. Acton in reference to the hospital of, 142, 209 STORKS, Sir HENRY, his evidence referred to, 33 „ „ letter on the Malta regulations, 403, 404 STOWS account of the stews of Southwai'k, 514, 515 INDEX. 541 SUBMISSION, THE ENGLISH VOLUNTAEY, what it is, 78, sq. SUBMISSION, THE ENGLISH VOLUNTARY, evidence as to, of witnesses before the Royal Commission of 1871, 83, 84 SURGEONS, instructions for visiting, given in England, 198, 199 T. TURIN, text of regulations in, 327—343 U. UNITED STATES, history of attempted legislation in, 417—422 VENEREAL DISEASES, Dr. Mauriac's theory of, 25, 26 ,, „ history of committee of 1864, 437 — 449 VIENNA ; subject of discussion at International Medical Congress at, 1 VINTRAS, Dr. his method of investigation, 8 „ „ Ma argument in favour of extension, 35 „ „ extract from his work in reference to procedure, 76, 77 VISITE SANITAIRE, account and criticism of the, 41—52 „ „ frequency of the, in different oovptries, 44 VLEMINKX, M., his opinions at Brussels Congress, 2 VOLUNTARY HOSPITALS, problems involved in the institution of, 151, 152 VOLUNTARY REGISTRATION OR INSCRIPTION, account of, 70 sq. 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COMMONS AND INCLOSURES.— Cooke on Inelosures.— The Acts for facilitating the Inclosure of Commons in England and Wales ; with a Treatise on the Law of Eights of Commons, in reference to these Acts, &c., &c. With Forms as settled by the Inclosure Commissioners. By G. WINGEOVE COOKE, Esq. Barrister-at-Law. Fourth Edition. 12mo. 1864. 16s. Finlaison on Enclosure of Commons, Waste Lands, &c.— 8vo. 1867. Sewed. Net, 2s. 6d. "Woolrych's Treatise on the La^Ar of the Rights of Common.— Second Edition. 8vo. 1850. 16s. COMPANIES CONVEYANCING.— Palmer.— Ficfe " Conveyancing.'- COMPANIES LAW Vide "Joint Stocks." CONSTITUTIONAL LAW.-Bowyer's Commentaries on the Constitutional Law of England.-^By Sir GEORGE BOWYEE, D.C.L. Second Edition. Eoyal 8vo. 1846. • \l. 'is. CONTRACTS. — Addison on Contracts.— Being a Treatise on the Law of Contracts. By C. G. ADDISON, Esq., Author of the " Law of Torts." Seventh Edition. By L. W. CAVE, Esq., one of Her Majesty's Counsel, Recorder of Lincoln. Eoyal 8vo, 1875. 11. 18s. "At present this is by far the best book upon the Law of CoDtract possessed by tbo Profeasion, and it is a thoroughly practical book."— iaw Times. ** We cannot speak too highly of the great amouut of well-arranged information which is to be found in this second book. It is a magazine of learnine which the legal practi- tioner will find of very great value." — Solicitors' Journal, March 20, 1876. ** Mr. Cave's edition of Addison must prove a great acquisition to every lawyer's library —lam Times, April 3, 1875. Leake on Contracts. — The Elements of the Law of Con- tracts. Second Edition. By STEPHEN MARTIN LEAKE, of the Middle Temple, Barrister-at-Law. (Prepanng for publication). Pollock's Principles of Contract at Law and in Equity ; being a Treatise on the General Principles relating to the Validity of Agreements, with a special view to the comparison of Law and Equity, and with references to the Indian Contract Act, and occasionally to American and Foreign Law. By FREDERICK POLLOCK, of Lincoln's Inn,Esq.,Barrister-at-Law. 8vo. 1876. 11. is. The I*ord Chief Justice ;in his juderment in Mttropolitan Railway Company v. Brogdem avd others, said, "The Law is well put by Ilr. Frederick PoUock in bis very able and learned work on Contracts."— Vide " Tlie Times" rebruary 19, 1877. " He has succeeded in writing a bonk on Contracts which the working lawyer will find as useful for reference as any of its predecessors, and which at the same time will give the student what be will seek for in vain elsewhere, a complete rationale of the law." — Law Magazine and Review, August, 1S76. " Mr. Pollock's work ought, in our opinion, to take a high place among treatises of its class. The ' fusion of law and equity* so far as that fusion is possible, is in his pages an accomplished fact." — PaU Mall Gazette, March 8, 1876. " This is a work of undoubted merit. .... We can only regret that there is not more of such teaching about, bearing fruit similar to the book now before us, A prominent characteristic especially valuable at the present time is that the principles of equity are read in with what used to be common law principles, and we have, therefore, in this one volume, the law relating to Contracts as administered by the Supreme Court of Judicature under the Judicature Acts," — Law Times, Feb. 12, 1876. " A work which, in our opinion, shows great abilit.y, a discerning intellect, a compre- hensive mind, and painstaking industry. The book ought to be a success. •' — Law Journal, March 18, 1876. " There is no part of the work that does not please us by the freshness of the stj le and the iDgenuity of the treatment. The author may be congratulated on having achieved a marked success in a field where others before him have written well." — Solicitors' Journal, April 8, 1876. *,* All standard Law Works are hept in Stock, in law calf and other bindings. STEVENS AN1» SONS' LAW PUBLICATIONS. OOUTR^CTS— Continued. Smith's Law of Contracts.— By the late J. W.SMITH, Esq., Author of "Leading Cases," &c. Sixth Edition. By VINCENT T. THOMPSON, Esq., Barrister-at-Law. 8vo. 1874. 16«. CONVEYANCING-Green-wood's Manual of Convey- ancing. — ^A Manual of the Practice of ConveyMicing, showing the prfesent Practice relating to the daily routine of Conveyancing in Solicitors' Offices. To which are added Concise Common Eorms and Precedents in Conveyancing ; Conditions of Sale, Conveyances, and all other Assurances in constant use. Pourth Edition. By H. N. CAPEL, B.A, LL.B., Solicitor. 8vo. 1876. 15s. " We believe that the present editioa will be found by articled clerks and young solicitors a trustworthy guide to the present practice relating to the daily routine of conveyancing in solicitors' offices." — Law Magazine and Review, August, 1876. * * The work is well done, and will be very useful to the class for whom it ia intended. It is an educational as well as a practical compendium, and it conveys that special kind of information which the student has generally the greatest difficulty in discovering from books." — SolicUors' Journal. Housman's Precedents in Conveyancing. — Designed as a Hand-book of Porms in frequent use, with Practical Notes. By P. HOlTSilAJN", Esq., Barrister-at-Law- 8vo. 1861. 15s. Palmer's Companies Conveyancing. — Conveyan- cing and other Forms and Precedents relating to Companies' incor- porated under the Companies* Acts, 1862 and 1867. By FHAN'CIS BEAUPORT PALMEU, of the Inner Temple, Esq., Barrister-at- Law. {In the Press.) Prideaux's Precedents in Conveyancing. — "With Dissertations on its Law and Practice. Eighth Edition. By PBEDEBICK PRIDEAITX, late Professor of Real ajid Personal Property to the Inns of Court, and JOHN WHITCOMIBE, Esqrs., Barristers-at-Law. 2 vols. Royal 8vo. 1876. Zl. 10s. *'Prideaui has become an indispensable part of the Conveyancer's library. .... The new edition has been edited with a care and accuracy of which we can hardly speak too highly The care and completeness with which the dissertation has been revised leaves us hardly any room for criticisms." — Solicitors' Journal, Oct 14, 1876. *' We really can hardly imagine a conveyancer being required to prepare any iustru- ment which he will not find sketched out in the work under notice. .... We may also be allowed to add our tribute of praise to these Precedents for their conciseness, perspicuity, precision, and perfection of draftiug." — Law Journal. Sept 23, 1876. " This is a revised edition of a work to which the most favourable criticism cannot add reputation." "The eflFect of the recent cases ia in every instance that we have examined them remarkably well stated, and Prideaux's Precedents retains its reputation as a valuable repertory Of luw on the subject of conveyancing."— iau> Times, October 28, ]876. CONVICTIONS. — Paley on Summary Convictions. — Pifth Edition. By H. T. J. MACNAMARA, Esq., Barrister-at- Law. 8vo. 1866. 11. Is. " A good, practical, and valuable treatise, which we can safely recommend feo the profession." — The Law Journal. '* 'Paley on Convictions ' has enjoyed a high reputation and extensive popularity. No better man conld have been found for such a work than Mr. Macnamara." — Law Times. Stone.— Vide "Petty Sessions." COPYHOLDS,— Cuddon's Copyhold Acts.— A succinct Trea- tise on the Copyhold Acts, the practical Working and Effect thereof, and the mode of Procedure under the same for etfecting Enfranchise- ment. By JAMES CUDDON, Esq., Barrister-at-Law. Royal 8vo. 1865. 10s. 6d. *^* All standard Law Works are kept in Stock, in law calf and other bindings. 119, CHANCERY LANE, LONDON, W.C. COPYRIGHT.-Phillips' Law of Copyright.— The Law of Oopyrigjit in Works of Literature and Art, and in the Appli- cation of Designs. With the Statutes relating thereto. By CHAELES PALMER PHILLIPS, of Lincoln's Inn, Esq., Ban-ister-at-Law. 8vo. 1863. 12s. " Mr. Pbillips' work is at once an able law-book and a lucid treatise, in a popular form, on the rights of authors and artists. The wants and interests of the legal practitioners are consulted by a careful collection and diecusslon of all the authorities, while the non- professional reader will find in the book a well-written and pertectly intelligible statsnient of the law upon the matter of which it treats." — Jurist, Jan. 9, 1864. CORONERS.— J ervis on the Office and Duties of Coroners. — With Forms and Precedents. Third Edition. By C. W. LOVBSY, of the Middle Temple, Esq., Barrister-at-Law. 12mo. 1866. 12s. COSTS — Care^Ar's Precedents of Bills of Costs, for obtaining Grants of Piobate and Letters of Administration in the Principal Registry of the Court of Probate. 1869. 5s. Morgan and Davey's Treatise on Costs in Chancery.— By GEORGE OSBORNE MOKGA.N, M.A., Barrister-at-Law, late Stowell Eellow of University College, Oxford, and Eldon Scholar ; and HORACE DAVBY, M.A., Barrister-at- Law, late Fellow of University College, Oxford, and Eldon Scholar. With an Appendix, containing Korms and Precedents' of Bills of Costs. 8vo. 1865. 11. Is. Morris' Solicitors' Fees and Court Fees, under the Judicature Acts.— With Copious Index. By WILLIAM MORRIS, SoKcitor. 12mo. 1876. is. Scott's Costs in the Superior Courts of Com- mon Law, and Probate and Divorce, and in Conveyancing; also in Bankruptcy (Act of 1869). Proceedings in the Crown Office, on Circuit and at Sessions, and in the County Com-t , together with Costs of Interlocutory Rules and Orders under the Common Law Procedure Acts, 1852 and 1854, Bills of Exchange Act, 1855, &c., &o., and the Railway and Canal Traffic Act, 1854. With an Appendix, containing Costs under Parliamentary Elections Act, 186S. By JOHN SCOTT^ of the Inner Temple, Esq., Barrister-at- Law. Third Edition. Royal 12mo. 1868-73. 1^. 4s. *^* The Supplement, containing "Bankruptcy Costs- (Act of 1869)," may be had separately. Net, 3s. "Mr Scott's work is well kno^'ntothe profession. It is an exteusive collection of taxed biUs of costs in all branches of practice, supplied to hini probably by the taxing masters. Such a work speaks for itself. Its obvious utility is its best recommenda- lion," — Law Times. ' Scott's Costs under the Judicature Acts, 1873 and 187S ; containing the " Additional Rules " and Scale of Costs ; together with Precedents of Taxed Bills. By JOHN SCOTT, Esq., Barrister-at-Law. Royal 12mo. 1876. 5s. ed. Webster's Parliamentary Costs. — Private Bills, Election Petitions, Appeals, House of Lords. By EDWARD WEBSTER, Esq., of the Taxing Office, House of Commons, and of the Examiners' Office, House of Lords and House of Commons, Third Edition. .Post 8vo. 1867. 20s. *' The object of this work is to give the scale of costs allowed to Solicitors in relation to private bills before Parliament, the conduct of Election Petitions and Appeal Causes, and the allowance to Witnesses. The connection of the author with the Taxing Oface of the House of Commons gives authority to the viork."— Solicitors' Journal. * ' All standiM-d Law Works are kept in Slodc, in law calf and other bindings. B ]l) STEVENS AND SONS' LAW PUBLICATIONS. COUNTY COURTS.— The Consolidated County Court Order's and Rules, 187S, ^vith Forms and Scales of Costs and Fees, as issued by the Lord Chancellor and Committee of County Court Judges. Authorized Edition. Super-royal 8vo. 1875. Net, 3s. County Court Rules, 1876. Authorised Edition. Net,ed. Pitt-Lewis' County Court Practice.— A Complete Manual of the Practice of the County Courts, iuoluding Admiralty and Bankruptcy, embodying the Act, Rules, Forms and Costs, with Table of Cases and Full Index. By G. PITT-LEWIS, of the Middle Temple and Western Circuit, Esq., Barrister-at-Law, sometime Holder of the Studentships of the Four Inns of Court. {In preparatum.) CRIMINAL LAW,— Arehbold's Pleading and Evidence in Criminal Cases. — With the Statutes, Precedents of Indictments, &c., and the Evidence necessary to support them. By JOHN JEEVIS, Esq. (late Lord Chief Justice of Her Majesty's Court of Common Pleas). Eighteenth Edition, including the Practice in Criminal Proceedings by Indictment. By WILLIAM BRUCE, of the Middle Temple, Esq., Barrister-at-Law, and Stipendiary Magistrate for the Borough of Leeds. Royal 12mo. 1875. " 11. lis. ed. Cole on Criminal Informations and Quo War- ranto. — ^By W. K. COLE, Esq., Barrister-at-Law. 12mo. 1843. 12s. Greaves' Criminal Law Consolidation and Amendment Acts of the 24 & 2S Vict.— With Notes, Observations, and Forms for Summary Proceedings. By CHARLES SPRENGEL GREAVES, Esq., one of Her Majesty's Counsel, who prepared the Bills and attended the Select Committees of both Houses of Parliament to which the Bills were referred. Second Edition. Post 8vo. 1862. 16s. Roscoe's Digest of the Law of Evidence in Criminal Cases.— Eighth Edition. By HORACE SMITH, Esq., Barrister-at-Law. Royal 12mo. 1874. II. lis. 6d. Russell's Treatise on Crimes and Misdemea- nors.— Fifth Edition. By SAMUEL PRENTICE, Esq., one of Her Majesty's Counsel. 3 vols. Royal 8vo. 1877. 5?. 15s. Gd. "Wd may safely assert that the fifth edition of ' Bussell ou Crimes' has, under the careful hand of Mr, Prentice, fully reached the standard attained to by the preceding editions." — Law Jottmal, January 27, 1877. " No more truBtwoJthy authority, or more exhaustive expositor than 'Knssell' can be consulted. " — Law Magazine and Review, February, 1877. "Alterations have been made in the arrangement of the work which without intcrferiog with the general plan are sufficient to show that great care and thought have been bestowed We are amazed at the patience, industry and skill which are exhibited in the collection and arrangement of all this mass of learning." — Tne Times, 'Dec. 26, 1876. This treatise is so much more ci^pious than any other upon all the subjects contained in it, that it affords by far the best means of acquiring a knowledge of the Criminal Law in general, or of any offence in particular ; so that it will be found peculiarly useful as well to those who wish to obtain a complete knowledge of that law, as to those who desire to be informed on any portion of it as occasion may require. This work also contains a very complete treatise on the Law of Evidence in Criminal Cases, and in it the manner of taking the depositions of witnesses, and the examinations of prisoners before magistrates, is fully explained. '*What better Digest of Criminal Law could we possibly hope for than 'Russell on Grimes ?* " — Sir James Fitsiiames Stephen's Speech on Codi/ieation. ",* All standard Law Worlcs are kept in Stock, in law calf and other bindings. 119, CHANCERY LANE, LONDON, W.C. 11 DECREES.— Seton.— ride " Equity.'' DIARY — Lawyer's Companion (The), Diary, and La-w Directory. — For the use of tie Legal Profession, Public Com- panies, Justices, Merchants, Estate Agents, Auctioneers, &o., &c. Published Annually. Thirty-first Issue for 1877. The Worlc is 8vo. size, strongly bound in cloth, and published at the following Pi-ices : — s. d. 1. Two days on a page, plain 5 2. The above, inteeleaved for Attendances . . .70 3. Two days on a page, ruled, with or without money columns 5 6 4. The above, interleaved for Attendances . . . .80 5. Whole page for each day, plain 7 6 6. The above, interleaved for Attendances . . .96 7. Whole page for each day, ruled, with or without money columns .......... 8 6 8. The above, interleaved for Attendances . . .10 6 9. Three days on a page, ruled blue lines, without money columns . . ....... 5 The Diary is printed on JO YNSOWS paper of superior quality, and contains meTtwranda of Legal Business throughout the Yean: The La-wyer's Companion for 1877. — Is edited by JOHN THOMPSON, of the Inner Temple, Esq., Barrister-at-Law; and contains a Digest of Kecent Cases on Costs ; Monthly Diary of County, Local Government, and Parish Business ; Porms of Jurat ; Summary of Legislation of 1876 ; Alphabetical Index to the Practical Statutes; a Copious Table of Stamp Duties; Legal Time, Interest, Discount, Income, Wages and other Tables ; Probate, Legacy and Succession Duties ; a London and Provincial Law Directory, and a variety of matters of practical utility. *' A publication which has long ago secured to itself the favour of the profession, and which, as heretofore, justifies by its contents the litle assumed by it. The new volume presents all the attractive features of its predecessors, combined with much matter compiled specially for the coming year." — Law Journal^ Nov. 4, 1876. "The present issue contains all the information which could be looked for iu such a woili, and gives it in a most convenient form and verj- completely. We may unhesitatingly recommend the work to our readers."— ^oiiciCo?-s' Journal, Nov. 25, 1876. •* The ' Lawyer's Companion and Diary' is a book that ought to be in the possession of every lawyer, and of every man of business." "The ' Lawyer's Companion' is, indeed, what it is called, for it combines everything required for reference in the lawyer's ofSce." — Law Times. DICTIONARY Wharton's Law Lexicon.— A Dictionary of Jurisprudence, explaining the Technical Words and Phrases employed in the several Departments of English Law ; including the various Legal Terms used in Commercial Transactions. Together with an Explanatory as well as Literal Translation of the Latin Maxims contained in the Writings oE the Ancient and Modem Commentators. Sixth Edition. Enlarged and revised in accordance with the Judicature Acts, by J. SHIEESS WILL, of the Middle Temple, Esq.,Barriater-at-Law. Super royal 8vo. 1876. 2/. 2s. " 4, a work of reference for the library, the handsome and elabora,te edition of ' Wtoton^ law Lexicon ' which Mr. Shiress Will has produced must supersede aU former iasuM of that wen-known work.-'-iaw Magazine and Review, August, 1876. " No law library is complete without a law dictionary or law lexicon. To the practi- Honer it is always useful to have at hand a book where, m a small compass, he can find J„i„i»S™ of terms of infrequent occurrence, or obtain a reference to tatutes on S.st suWets or to boX whMeinVvticular subjects are treated of at full length. To the student it la 'almost indispensable." * * All standard Law Wm-ks are Tcept in Stock, in law calf and other fnndmgs. * B ^ 12 STEVENS AND SONS* LAW PUBLICATIONS. DICTIONARY — Wharton's Law Lexicon.- 0)n«»!Me& "We have simply to notice that the same ability and accuracy mark the present edition which were conspicuous in its predecessor. Mr. Will has done all that was ren- dered iiecessarv by the .iudicatnre Arts, in the shape of incorporation and elimination, and has brought the Statute Law down to the date ol publication."— iato 24'mej, March 4, 18Y6. " We have been at the pains of perusing many words or titles in the Lexicon which seemed likely to contain the results of recent legislation, and -we have been led hy that perusal to the conclusion that Mr. Will has performed this part of his task with skiQ and care." — Law Journal, March 18, 1876, " Wharton's perennial Law Lexicon has just been adapted to the new condition of the Law, brought .-ibout by the Judicature Act. The task of revision has been ably per- formed by ,VJr. Shiress Will." — Saturday Reviem, April 15, 1876. DIGESTS.— Bedford.— Fide " Examination Guides." Chamber's— Ftcfe " Public Health." Chitty's Equity Index. — Chitty'e Index to aU the Keported Cases, and Statutes, in or relating to the Principles, Pleading, and Practice of Equity and Bankruptcy, in the several Courts of Equity in England and Ireland, the Privy Council, and the House of Lords, from the earliest period. Third Edition. By J. MACAULAY, Esq., Barrister-at-Law. i vols. Boyal 8vo. 1853. 11. 7s. Fisher's Digest of the Reported Cases deter- mined in the House of Lords and Privy Council, and in the Courts of Common Law, Divorce, Probate, Admiralty and Bank- ruptcy, from Michaelmas Term, 1756, to Hilary Term, 1870 ; with Eeferences to the Statutes and Kules of Court. Eovmded on the Analytical Digest by Harrison, and adapted to the present practice of the Law, By R. A. FISHER, of the Middle Temple, Esq., Barrister-at-Law Five large volumes, royal 8vo. 1870. 121. 12s. {Continued AnnuaUy.) *' Mr. Fisher'ft Digest is a wonderful work. It is a miracle of human indoetry." — Mr. Ju.\tice Willef.. " The fact is, that we have already the best of all possible digests. I do not refer merely to the Works which pass under that title — though, I confess, I think it would be very difficult to improve upon Mr. Fisher's ' Common Law Digest' — I refer ta the innumerable text books of every branch of the law. What better digest of criminal law could we possibly hope for than ' Kussell on Crimes,' and the current Roscoe and Archbold, to say nothing of the title, ' Crimhiai Law,' in 'Fisher's Digest'" — Sir James FUzjajnes Stephen, Q. C. , in his Address toiheLaw Amendment Society onCodificationin Indiaand England, Session 1872-3. Leake. — Fiiie " Eeal Property." Notanda Digest in Law, Equity, Bankruptcy, Admiralty, Divorce, and Probate Cases. — By H. TUDOH BODDAM, of the Inner Temple, and HARRY GREENWOOD, of Liucoln's Inn, Esqrs., Barristers-at-Law. The Notanda Digest, from the commencement, December, 1862, to October, 1876. In 1 volume, half-bound. }/ei, 31. 3s. Ditto, in 2 volumes, half-bound. Net, Zl. 10s. Ditto, Third Series, 1873 to 1876 inclusive, half-bound. Ket, 11. lis. 6d. Ditto, for 1876, with Indexes, sewed. Net, 12s. 6d. Ditto, Fourth Series, Plain Copy and Two Indexes, or Adhesive Copy for insertion in Text-Books. Annual Subscription, payable in advance. Net, 21s. *«* The Cases under the Judicature Acts and Rules of Court commence in No. 4 of 1876. The numbers are now issued regularly every second month. Each number will contain a concise analysis of every case reported in the Law Reports, Law Journal, Wetlcly *,* AU standard Law V.'or/csare Iccfitin Stock, in lav calf and other bindings. 119, CHANCERY LANE, LONUOISJ, W.C. 13 OiCESTS.— Continued. Reporter^ Law Times, and the Irish Law Reports, up to and including the cases contained in the parts for the current month, with references to Text-books, Statutes, and the Law Eeports Consolidated Digest. An ALPHABETioAL INDEX of the Subjects contained in each ndmbek will form a new feature in this series. Pollock.— ride " Partnership." Roscoe's.— Fide "Criminal Law" and "NisiPrius." DIVORCE.— BroAA^ne's Treatise on the Principles and Practice of the Court for Divorce and Matrimonial Causes :— With the Statutes, Rules. Pees, and Forms relating thereto. Third Edition. By GEORGE BROWNE, Esq., B.A., of the Inner Temple, Barrister-at-Law. 8vo. 1876. 11. is. *' We think this Edition of Mr. Browne's Treatise has been edited with commendable care. Tlieboolc, as it now stands, is a clear, practical, Hnd,so far as we have been able to test it, accurate exposition of divorce law and procedure." — Solicitors" Journal, April 22, 1876 Macqueenon Divorce and Matrimonial Causes. — Including Scotch Maxriages and Scotch Law of Divorce, &o. With numerous Precedents. Second Edition, greatly enlarged. By JOHN ERASER MACQUEEN, Esq., Barrister-at-Law. 8vo. 1860. 18s. OOMICII Phillimore's (Dr. R.) Law of Domicil.— 8to. 1847. 93. DUTCH LAW. — Vanderlinden's Institutes of the Laws of Holland.— 8vo. 1828. 17.18s. EASEMENTS.— Goddard's Treatise on the Law of Easements.-By JOHN LEYBOURN GODDARD, of the Middle Temple, Esq., Barrister-at-Law. Second Edition. Demy 8vo. 1877. 183. *,,,* The Author was appointed by Her Majesty's Digest of Law Commissioners to prepare a specimen Digest of the Law of Easements. *' Nowhere has the subject been treated so exhaustively, and, we may add, so scientifi- cally, as by Mr. Goddard. We recommend it to the most careful study of the law student, as well as to the library of the practitioner." — Law Times, March 18, 1871. Woolrych. — Vide "Lights." ECCLESIASTICAL.— Phillimore's (Sir R.) Ecclesiastical Law. — The Ecclesiastical Law of the Church of England. With Supplement, containing the Statutes and Decisions to end of 1 875. By Sib ROBERT PHILLIMORE, D.C.L., Official Principal of the Arches Court of Canterbury ; Member of Her Majesty's Most Honourable Privy Council. 2 vols. 8vo. 1873-76. Zl. Is. 6d. *^* The Supplement may be had separately, price 4s. 6d., sewed. Rogers' Ecclesiastical Law. — Second Edition. 8vo. 1849. 12- 16s. Stephens. — Vide " Church and Clergy." ELECTIONS.— FitzGerald.-FicJc "Ballot." Rogers on Elections, Registration, and Election Agency. — With an Appendix of Statutes and Forms. Twelfth Edition. By F. S. P. WOLFERSTAN, of the Inner Temple, Esq., Barrister-at-Law. 12mo. 1876. 11. 10». **The book maintains its reputation as a well arranged magazine of all the authorities on the subject." — Law Journal, August 19, i87d. *'Mr. Wolfersfcan has added a new chapter on electiou agency, which contains a care- ful and valuable digest of the decisions and diotafln this thorny'subject."-,Soiici(orV Journal, October 28, 1876. * * All standard Lavj Worlcs arclcept in Stock, in law calf and otlip.r hindinys. 14 STEVENS AND SONS' LAW PUBLICATIONS. ENGLAND, LAWS OF.— Bowyer.— Fide " Constitutional Law." Broom and Hadley.— 7idc "Commentaries." Syms' Code of English. Law (Principles and Practice) for handy reference in a Solicitor's office. By F. R. SYMS, Solicitor. 12mo. 1870. 16». EQUITY, and Vide CHANCERY. Seton's ^Forms of Decrees, Judgments, and Orders in the High Court of Justice and Courts of Appeal, having especial reference to the Chancery Division, with Practical Notes. Fourth Edition. By B,. H. LEACH, Esq., Senior Kegistrar of the Court of Chancery ; F. G. A. WILLIAMS, of the Inner Temple, Esq. ; and H. W. MAY, of Lincoln's Inn, Esq., Barristera-at-Law. In 2 vols. Vol. I. Royal 8vo. 1877. 11. 10*. (Vol. II. in the pi-ess.) Smith's Manual of Equity Jurisprudence.— A Manual of Equity Jurisprudence founded on the Works of Story, Spence, and other writers, and on the subsequent cases, comprising the Fundamental Principles and the points of Equity usually ocour- ring in General Practice. By JOSIAH W. SMITH, B.C.L., Q.C., Judi^e of County Courts. Eleventh Edition. 12mo. 1873. 12s. 6d. " To sum up all iu a word, for the student and the jurisconsult, the Manual is the nearest approach to an equity code that the present literature of tho law is able to furnish "~Laa "It will be found aa useful to the practitioner as to the student." — Solicitors Journal. " Mr. Smith's Manual has fairly won for itself the position of a standard work."— Jurist. "It retains, and that deservedly, the reverence of both examiners and students."— JJ'roni a Lecture on a Course oj Reading by A. K. Eollit, LT,.D., Gold Medallist of the University of London, and Prizeman of the Incorporated Law Society. " There ie no disguising the truth ; tho proper mode to use this book is to learn its pages by heart." — Law Magazine and Review. Smith's (Sidney) Principles of Equity.— 8vo. 1856. 11. 5j. EVIDENCE.— Archbold.— Fide " Criminal." Roscoe. — Fide " CriminaL" Roseoe.— Fide " Nisi Prius." EXAIVIINATION GUIDES — Bedford's Guide to the Preli- minary Examination for Solicitors.— Fourth Edition. 12mo. 1874. J^et, 3s. Bedford's Digest of the Preliminary Examina- tion Questions on English and Latin, Grauomar, Geography, History, French Grammar, and Arithmetic, with the Answers. 8vo. 1875. 18«- Bedford's Preliminary Guide to Latin Gram- mar. —12mo. 1872. ^et, 3s. Bedford's Internnediate Examination Guide to Bookkeeping. — Second Edition. 12mo. 1875. iVe«, 2s. 6d. 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Royal 8vo. 1874. 10s. 6d Kent's International La-w. — Kent's Commentary on International Law, Revised, with Notes and Cases brought down to the present time. Edited by J. T. ABDY, LL.D., Barrister-at- Law. Second Edition. {In. the press.) "Dr. Abdy has done all Law Students a gieat Bcrvice in presenting that portion of Kenf 8 Commentaries which relates to public international Law in a single volume, neither lar^e, diffuse, nor expensive." ** Altogether Dr. Abdy has performed his task in a manner worthy of his reputation. Uls book will be useful not only to Lawyers and Law Students, for whom it was primnrily intended, but also for laymen. It is well wortbthe study of eveij member of an enlightened and civilized community." — Solicitors* Journal, Marcli 15, 186T. Levi's International Commercial Law. — Being the Principles of Mercantile Law of the following and other Countries — viz. : England, Ireland, Scotland, British India, British Colonies, Austria, Belgium, Brazil, Buenos Ayres, Denmark, France, Germany, Greece, Hans Towns, Italy, Netherlands, Norway, Portugal, Prussia, Russia, Spain, Sweden, Switzerland, United States, and Wiirtembei^. Hy LEONE LEVI, Esq., F.S.A., F.S.S., of Lincoln's Inn, Barrister- at-Law, Professor of the Principles and Practice of Commerce at King's College, London, &c. Second Edition. 2 vols. Royal 8vo. 1863. 1/. 15s. *,* All standard Law Wnri:s are I'ept in Stocl', in tao calf and other bindings. 119, CHANCERY LANE, LONDON, W.C. 17 INTERNATIONAL l./ii\N -Continued. Prize Bssays on International La^w — By A. P. SPJRAGtXJE, Esq., Counsellor of Law in the United States, and M. PAUL LACOMBE, Advocate in France. With an Introduc- tion by His ExceUenoy DON ARTURO DE MARCOARTU, Ex-Deputy to the Cortes. Royal 8vo. 1876. 7s. 6d. Vattel's Law of Nations. — A New Edition. By JOSEPH CHITTY, Esq. Royal Svo. 1834. 11. U. Wildman's International La-w. — Institutes of Inter- national Law, in Time of Peace and Time of War. By RICHARD WILDMAN, Barrister-at-Law. 2 vols. 8vo. 1849-50. 11. 23. 6d. INTESTATE SUCCESSIONS —Colin's Essay on Intestate Successions. — According to the French Code. By BAR- THELEMY HARDY COLIN, of the Middle Temple. 12mo. 1876. 6.. "A very intelligent essay."— £aw Times, Febiuary 24, 1877. JOINT STOCKS.— Jordan's Joint Stock Companies.— A Handy Book of Practical Instructions for the Formation and Management of Joint Stock Companies. Fifth Edition. 12mo. 1875. Net, 2s. 6d. Thring's (Sir H.) 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JURISPRUDENCE — Amos, Law as a Science and as an Art. — An Introductory Lecture delivered at University College at the commencement of the session 1874-5. By SHELDON AMOS, Esq., M.A, Eanister-at-Law. 8vo. 1874. Xet, Is. 6d. Phillimore's (J. G.) Jurisprudence. — An Inaugural Lecture on Jurisprudence, and a Lecture on Canon Law, delivered at the Hall of the Inner Temple, Hilary Term, 1851. By J. G. PHILLIMORE, Esq., Q.C. 8vo. 1851. Sewed. 3s. 6rf. *j.* All standard Law TForis arekcptin Stoci, in lam calf and other bindings. 119, CHANCERY LANE, LONDON, W.C. JUSTICE OF THE PEACE.— Arnold's Summary of the Duties of a Justice of the Peace out of Sessions.— Summary Convictions. By Sir THOMAS JAMES ARNOLD, Chief Metropolitan Police Magistrate. 8vo. 1860. II. 6s. Burn's Justice of the Peace and Parish Officer. — Edited bv the following Barristers, under the General Superinten- dence of JOHN BLOSSETT MAULE, Esq., Q.C., Recorder of Leeds. The Thirtieth Edition. 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Since the publication in 1845 of the former Edition of Burn's Justice of the Peace and Parish Officer the whole range of the Law which Magistrates had to administer has undergone more or less alteration, and, indeed, the time which has elapsed since that publication appeared has doubtless worked as great a change in the Magistrates them- selves : so that to very many of the Greutlemen now composing the body of Justices the Encyclopedic Work of Burn must be, if not entirely unknown, at least unfamiliar as a book of reference. Paley. — Vide "Convictions." Stone. — Vide " Petty Sessions." JUSTINIAN, INSTITUTES OF -Cumin.— Fide "Civil Law." Greene. — Vide "Roman Law." Mears. — Vide "Roman Law." Vo&t.— Vide "Civil Law." LAND DRAINAGE.— Thring's Land Drainage Act.- With an Introduction, Practical Notes, an Appendix of Statutes relating to Drainage, and Forms. By THEODORE THRING, Esq., Barrister-at-Law. 12mo. 1861. 7s. 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LAW LIST.— La"W List (The). — Comprising the Judges and Officers of the difEerent Courts of Justice, Counsel, Special Pleaders, Draftsmen, Conveyancers, Attorneys, Notaries, &c., in England and Wales ; to which are added the Circuits, Judges, Treasurers, Kegistrars, and High Bailiffs of the County Courts, District Registries and Registrars under the Probate Act, Lords Lieu- tenant of Counties, Recorders, Clerks of the Peace, Town Clerks, Coroners, Colonial Judges, and Colonial Lawyers having English Agents, Metropolitan PoUee Magistrates, Law Agents, Law and Public Officers, Circuits of the Judges and Counsel attending Circuit and Sessions, List of Sheriffs and Agents, London Commis- sioners to Administer Oaths' in the Supreme Court of Judicature in England, Conveyancers Practising in England under Certificates obtained in Scotland, &c., &c., and a variety of other useful matters so far as relates to Special Pleaders, Draftsmen, Conveyancers, Attorneys, Solicitors, Proctors and Notaries. Compiled by WILLIAM HENRY COUSINS, of the Inland Revenue Office, Somerset House, Registrar of Stamped Certificates, and of Joint Stock Companies. Published annually. By authority. 1877. (Now ready.) 10s. 6d. LAW REPORTS. — T'lde pages 29-30. LAWYER'S COMPANION.- F^e "Diary." LEGACIES. — Roper's Treatise on the Law of Lega- cies. -Fourth Edition. By H. H. WHITE. 2 vols. Royal Svo. 1S47. 3?. 3s. LEXICON.— Firfc "Dictionary." LICENSING.— Lely and Foulkes' Licensing Acts, 1828, 1869, 1872, and 1874; Containing the Law of the Sale of Liquors by Retail and the Management of Licensed Houses ; with Notes to the Acts, a Summary of the Law, and an Appendix of Forms. Second Edition. By J. M. LELY and W. I). L FOULKES, Esqrs., Barristers-at-Law. Royal 12mo. 1874. 8s. " Messrs. 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MERCANTILE LAW.— Boyd.— Fide '• Shipping." Brooke. — Vide "Notary." Russell. — Vide "Agency." Smith's Mercantile La"w. — A Compendium of Mercantile Law. By the late JOHN WILLIAM SMITH, Esq. Ninth Edition. By G-. M. DOWDESWELL, of the Inner Temple, Esq., one of Her Majesty's Counsel. {In the press.) Tudor's Selection of Leading Cases on Mercan- tile and Maritime La^A^.— With Notes. By 0. D. TUDOR, ■ Esq., Barrister-at-Law. Second Edition. Royal 8vo. 1868. 11. 18s. MERCHANDISE MARKS ACT.— Fide "Trade Marks." METROPOLIS BUILDING ACTS — Woolrych's Metropolis Building Acts, together with such Clauses of the Metropolis Management Acts, 1855 and 1862, and other Acts, as more par- ticularly relate to the Buildings Acts, with Notes, Explanatory of the Sections and of the Architectural Terms contained therein. Second Edition. By NOEL H. PATERSON, M.A., of the Middle Temple, Esq., Barrister-at-Law. 12rao. 1877. 8s. 6d. MINES.— Rogers' La^A^ relating to Mines, Minerals, and Quarries in Great Britain and Ireland; with a Summary of the Laws of Foreign States and Practical Directions for obtaining Government Grants to work Foreign Mines. Second Edition Enlarged. By ARUNDEL ROGERS, Esq., Bar- rister-at-Law. 8vo. 1876. 1^. lis. 6d. "Most comprehensive and complete. "-iaio Times, June 17, 1876. " AUhou^h issned as a Second Edition, the work appears to have been almost entirely re-wnttenSid very much improved. . . Ihe volume will prove invalu.-vble aa a work of legal reference."- TOe Mining Journal, May 13, 1876. MORTGAGE.— Coote's Treatise on the Law of Mort- qg^ge. Third Edition. Royal 8vo. 1850. Net, 11. MUNICIPAL ELECT IONS.- ride "BaUot." - * All standard Law Works are Icept in Slock, in law calf and other bindings. 22 STEVENS AND SONS' LAW PUBLICATIONS. NISI PRIUS.— Roseoe's Digest of the La>Ar of Evidence on the Trial of Actions at Nisi Prius. — Thirteenth Edition. By JOHN DAY, one of Her Majesty's Counsel, and MAURICE POWELL, Banister-at-Law. Koyal 12mo. 1875. 2Z. {Bound in one thick volume calf or circuit, 5s. 6d., or in two convenient vols. calf m' circuit, 10s. net, extra.) "The work itself has long ago won a position altogether unique, and in the bands of its present editors there is no fear that the position will be lost." — Law Joumdt, July 10, 1875 Selwyn's Abridgment of the Law of Nisi Prius.— Thirteenth Edition. By DAVID KEANE, Q.C., Recorder of Bedford, and CHARLES T. SMITH, M.A., one of the Judges of the Supreme Court of the Cape of Good Hope. 2 vols. Royal 8vo. 1869. (Published at %. 16s.) Net, 11. NOT ANDA.— Fide " Digests." NOTARY.— Brooke's Treatise on the Office and Prac- tice of a Notary of England. — ^With a fuU collection of Precedents. Fourth Edition. By LEONE LEVI, Esq., F.S.A., of Lincoln's Inn, Barrister-at-Law. 8vo. 1876. 1^. 4s. NUISANCES.— FitzGerald.— Fide "Public Health." OATHS. — Braith^Araite's Oaths in the Supreme Court of Judicature. — A Manual for the use of Commissioners to Administer Oaths in the Supreme Court of Judicature in England. Part I. containing practical information respecting their Appoint- ment, Designation, Jurisdiction, and Powers ; Part II. comprising a collection of officially recognised Eorms of Jurats and Oaths, with Explanatory Observations. By T. W. BRAITHWAITE, of the Record and Writ Clerks' Office. Fcap. 8vo. 1876. 4s. 6d. "Specially useful to Commissionere." — Law Magazinf., February, 1877. "The work will, we doubt not, become the recognized guide of commissioncra toad- minister oaths." — Solicitors' Journal, May 6, 187fi. PARTNERSHIP.— Pollock's Dicrest of the Law of Part- nership. By EEEDERIGK POLLOCK, of Lincoln's Inn, Esq., Barrister-at-Law. Author of " Principles of Contract-at-Law and in Equity." 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ISs. *,* All standard LawWorl-s are l-ept in Stock, inlaw calf and otherhindings. 119, CHANCERY LANE, LONDON, W.C. 23 PETTY SESSIONS.— Stone's Petty Sessions Practice.— With the Statutes, a list of Summary Convictions, and an Appendix of Forms. Seventh Edition. By THOMAS BELL, and LEWIS W. CAVE, of the Inner Temple, Esqrs., Barristers-at-Law. 12mo. 1863. 18s. PLEADING,— Apchbold.— Fide " Criminal." Stephen on Pleading. — A Treatise on the Principles of Pleading in Civil Actions ; comprising a Summary Account of the whole proceedings in a Suit at Law. Seventh Edition. By PEAJSrCIS F. PINDEE, Barrister-at-Law. 8vo. 1866. 16s. POOR LAW. — Davis' Treatise on the Poor Laws. — Being Vol. IV. of Burn's Justice of the Peace. 8vo. 1869. U. lis. 6d. POWERS. — Far-well on Po-wers. — A Concise Treatise on Powers. By GEOKGE FAEWBLL, B.A., of Lincoln's Inn, Bar- rister-at-Law. 8vo. 1874. 11. 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(Author of " Practice for Divorce and Matrimonial Causes.") 8vo. 1873. 1?. 1«. " A cursory glance through Mr. Browne's work shows that it has been compiled with more than ordinary care and intelligence. We should consult it with every confidence, and consequently recommend it to those who require an instructor in Probate Court prac- tice. —Law Times, June 21, 18TS. PUBLIC HEALTH.— Chambers' Digest of the Law re- lating to Public Health and Local Govern- ment. — With notes of 1073 leading Cases. Various official documents ; precedents of By-laws and Regulations. The Statutes in full. A Table of Offences and Punishments, and a Copious Index. Seventh Edition, enlarged and revised. Imperial 8vo. 1875. 18s. Chambers' Popular Summary of Public Health and Local Government Law. Imperial 8vo. 1875. Net, Is. 6d. •,• A?l standard Law Works arelcptin Stock,in Jaw calf and other bindings. 24 STEVENS AND SONS' LAW PUBLICATIONS. PUBLIC HEALTH. -C'n«'»««('- FitzGer-ald's Public Health and. Rivers Pol- lution Prevention Acts. — The Law relating to Public Health and Local Government, as contained in the Public Health Act, 1875, with Introduction and Notes, showing all the alterations in the ExistingLaWjWith reference to the Cases, &c.; togetherwith a Sup- plement containing "The Rivers Pollution Prevention Act, 1876." ■WithExplanatoryIntroduction,Note8,Cases,andIndex.ByGEIlALD A. R. EITZGERAXD, of Lincoln's Inn, Esq., Barrister-at-Law, Editorof'Thring's Joint Stocks." Royal 8vo. 1876. IZ. Is. *^* The Supplement containing "The Riveks Pollution Pre- vention Act, 1876," may be had separately. 3s. 6d. " A copious and well-executed analytical index completes the work whicli we can confidently recommend to the officers and members of sanitary authorities, and all interested in the subject matter of the new Act.'' — Law Magazine and Review, February, 1877. "Mr. FitzGerald'a treatise is well adapted for the professional a.ivisers of sanitary \)Oavc\s."— Public Heafrh, December 1, 1876. " jrr. FitzGerald comes forward with a special qualification for the task, for he was employed by the Gnvemment in the preparation of the Act of lft75; and, as he himself says, has necessiirily, for some time past, devoted attention to the Law relating to public health and local government.'" — Law Journal, April 22, 1876. PUBLIC LAW, — Bowyer's Commentaries on Uni- versal Public Law.— By Sir GEORGE BOWYER, D.C.L. Royal 8vo. 1854. 11. Is. QUARTER SESSIONS.— Leeming & Cross's General and Quarter Sessions of the Peace.— -Their .Turisdiction and Practice in other than Criminal matters. Second Edition. By HORATIO LLOYD, Esq., Recorder of Chester, Judge of County Court?, and Deputy-Chairman of Quarter Sessions, and H. E. THURLOW, of the Inner Temple, Esq., Bardster-at-Law. 8vo. 1876. \l. Is. The present editors appear to havo taken the utmost pains to make the volume cnm- plete, and, from our examination of it, we can thoroughly recommend it to all interested in the practice of quarter sessions," — Law Times, March 18, 1876. Pritchard's Quarter Sessions. — The Jurisdiction, Prac- tice and Procedure of the Quarter Sessions in Criminal, Civil, and AppeUate Matters. By THOS. SIRRELL PRITCHARD. of the Inner Temple, Esq., Barrister-at-Law, Recorder of Wenlock. Svo. 1875. 2/. 2s. " We congratulate Mr. Pritchard on the state of order he has produced out of the chaotic mass he has dealt with, and we think much credit is due to him for his evident painstaking." — Law Journal, April 24, 1875. " We can confidentally say that it is written thioughout with cleainess and intelligence, and that both in legislation and in case law it is carefully brought down to the most recent date." — Solicitors' Journal, May 1, 187-5. RAILWAYS.— Browne.— Ftcic " Carriers." Lely's Railway and Canal Traffic Act, 1873.— And other Railway and Canal Statutes ; ■\\ath the General Orders, Eoi-ms, and Table of Pees. By J. M. LELY, Esq., Barrister-at-I.aiv. Post Svo. 1873. 8s. "This book contains all that such a book should contain. The arrangement is clear ami convenient, and from it at a glance can be seen the subject m.atter of complaint, the decision of the Court, and the ground or each decision. — Law Magazine, April, 1874, ".* All standard Law W"rksarclrpt in Sluci,in lo-wcalf and olfier bindings. 119, CHA]SCEEY LANE, LONDON, W.C. 25 RAILWAYS— ConMnaed. Simon's Law relating to Railway Accidents, in- cluding an Outline of the Liabilities of Kailway Companies as Carriers generally, concisely Discussed and Explained. 12mo. 1862. 3s. REAL PROPERTY.— D art.— Fide " Vendors and Purchasers." Leake's Elementary Digest of the Law of Pro- perty in Land. — Containing : Introduction. Part I. The Sources of the Law.— Part II. Estates in Land. By STEPHEN MARTIN LEAKE, Barrister-at-Law. 8vo. 1874. 11. 2s. *^* The above forms a complete Introduction to the Study of tlie Law of Real Property. Shelford's Real Property Statutes. — Eighth Edition. By T. H. CARSON, of Lincoln's Inn, Esq. 8vo. 1874. li. 10s. Smith's Real and Personal Property. — A Com- pendium of the Law of Real and Personal Property, primarily connected with Conveyancing. Designed as a second book for Students, and as a digest of the most useful learning for Practi- tioners. By JOSIAH W. SMITH, B.C.L., Q.C., Judge of County Courts. Eourth Edition. In two couTenient volumes, 8vo. 1870. 11. 18s. " As a refresher to the memory, and a repository of informatioli that is wanted in daily practice, it will be found of great Y&lu.e.'^— Jurist. . . . "He has given to the student a book which he may read over and over again with profit and pleasure."— Xawa^mas. "The work before us wil\, we think, be fonnd of very great service to the practitioner." — Solicitors^ Journal. . . . " I know of no volume which so entirely fulfils the requirements of a student's text book."— ^rom Da. Rollit's Lecture. RECORD AND WRIT,— Braithwaite's Record and \Vrit Practice.— With Practical Directions. By T. W. BRAITH- WAITE, of the Record and Writ Clerks' Office. 8vo. 1858. 18s. REGULATION OF VICE.— Amos (Professor Sheldon) on the La'ws for the Regulation of Vice. (In the press.) REGISTRATION.— Rogers.— Tide "Elections." REGISTRATION CASES.— Hopwood and Coltman's Registration Cases.— Vol. I. (1868-1872). Calf. Net,2l.lSs.; Vol. II. Part I. ^1873). Sewed. Net, 10s.; Vol. II. Part II. (1874). Sewed. JVc«, 10s. 6d; Vol. IL Part IIL (1875). Sewed. Net,is.6d.; Vol. IL Part. IV. (1876). Sewed. Net, is. REPORTS Vide pages 29-30. RIVERS POLLUTION PREVENTION.— FitzGerald's Rivers Pollution Prevention Act, 1876. — With Explanatory Introduction, Notes, Cases, and Index. Royal 8vo. 1876. 3s. 6d. "A well-timed addition to the author's previous work on Sanitary Law." — Zaw Magazine, February, 1877. ROMAN LAW.— Cumin.— Ki«ie" Civil." Greene's Outlines of Roman Law.— Consistiag chiefly of an Analysis and Summary of the Institutes. Eor the use of Students.. By T. WHITCOMBE GREENE, B. C.L. , of Lincoln's Inn, Barrister-at-Law. Third Edition. Foolscap 8vo. 1875. 7s. 6d. * ■* All standa/rd Laio Wm'ks wi'e hept in Stock, in law calf and other bindings. 23 STEVENS AND SONS' LAW PUBLICATIONS. ROMAN L^yt.—Omt^nued. Mears' Student's Ortolan. — An Analysis of M. Ortolan's Institutes of Justinian, including the History and Generalization of Roman Law. By T. LAMBERT MEARS, M.A., LL.D. Lend., of the Inner Temple, Barrister-at-Law. Published hy permission of tJm late M. Ortolan. PostSvo. 1876. 12s. 6rf. "By far the roost valaable part of the work, however, was that contained in the two later volumes, which, while merely purporting to be a commentary on the Institutes of Justinian, are in reality an exhaustive treatise on the whole Eomau Law, and practically contain all the learning on the subject. Dr. Mears presents tbe public with an admir- able analysis of the first volume, and what we have pointed out above is, as a matter of fact, a translation of the other two." — Law Ti'ines, October 7, 1876. " We have no doubt that this book is intended to meet a real demand. Nor have we any reason to doubt that the work haa been well and faithfiilly executed . . . However^ both students and their teachers are at the mercy of examiners, and this book wiU very probably be found useful by all parties." — Athenanm, October 28, 1876. *' Dr. Mears has made hia edition the edition par excellence of thatgreat French writer." — Irish Law Tiroes, December 30, 1876. SAUNDERS' REPORTS.— ■Williams' (Sir E. V.) Notes to Saunders' Reports. — By the late Serjeant WILLIAMS. "Continued to the present time by the Eight Hon. Sir EDWARD VAUGHAN WILLIAJIS. 2 vols. Royal 8vo. 1871. 2Z. 10s. SETTLED ESTATES — Briekdale's Leases and Sales of Settled Estates Act.— 19 & 20 Vict., c. 120, and the General Orders and Regulations relating thereto. With an Introdaetion and Notes. 12mo. 1861. 5s. SHIPPING, and vide " Admiralty.'' Boyd's Merchant Shipping Laws; being a Consolida- tion of all the Merchant Shipping and Passenger Acts from 1854 to 1876, inclusive ; with Notes of all the leading English and American Cases on the subjects affected by Legislation, and an Appendix containing the iSew Rules issued in October, 1S76 ; forming a com- plete Treatise on Maritime Law. By A. C. BOYD, LL.B., of the Iimer Temple, Esq., Barrister-at-Law, and Midland Circuit. 8to. 1876. II. 6s. "As compared with other text-books on the subject, this has, at any rate the not incon- siderable merit of conciseness .... .Mr. Boyd confines himself to short, and as far as wo can judge coirect, siatements of the effect of actual decisions." — Solicitor's Journal, Jan. 20, 1877. " The great desideratum is obviously a good index, and this Mr. Boyd has taken par- ticular care to supply. We can recommend the work as a very useful coiupenuium of shipping law."— into Tiines, Dec. 30, 1876. " For practical purposes the work now produced by Mr. Boyd has accomplished almost all that could be desired in a legislative code. . . . Tbe value of such a work can hardly be over estimated."— irw/t Law Tiines, December 9, 1876. STAMP LAWS Tilsley's Stamp Laws.— A Treatise on the Stamp Laws, beiog an Analytical Digest of aJl the Statutes and Cases relating to Stamp Duties, with practical remarks thereon. Third Edition. 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WELSBY and EDWAKD BEAVAN, Esqrs., Barristers-at-Law. In i very thick vols. Koyal 8vo. 1865. 121. 12s. Supplemental Volume to the above, comprising the Statutes 1865—72. By HOBATIO LLOYD, Esq., Judge of County Courts, and Deputy-Chairman of Quarter Sessions for Cheshire. Vol. I. Eoyal Svo. 1872. 3/. 4s. Vol. II., Part I., 1873, 7s. 6d. Part II., 1874, 6s. Part III., 1875, 16s. Part IV., 1876, 6s. 6d., sewed. *if* Continued AimuaUy. " When he (Lord Campbell) was upon the Bench he always bad this work by him, no statutes were ever referred to by the Bar, which he could not find in it." Lyncli's Statute La"W of 1870, for the use of Students for the Incorporated Law Society's Examinations. Svo. Sewed. 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Third Edition, imperial 8vo. 11. 5s. * Published by Her Majesty's Printers, and Sold by Stevens & Sons. TORTS.— Addison on "Wrongs and their Remedies.— Being a Treatise on the Law of Torts. By C. G. ADDISON, Esq., Author of " The Law of Contracts," Fourth Edition. By E. S. P. WOLPEE.STAN,Esq.,Barrister-at-Law. KoyalSvo. 1873. lZ.,18s. TRADE MARKS.— Rules under the Trade Marks' Re- gistration Act, 187S (by Authority). Sewed. Net,ls. Trade Marks' Journal. — 4to. Sewed. {Issued three times a week.) Nos. 1 to 72 are now ready. Net, each Is. Wood's La^Ar of Trade Marks. — Containing the Mer- chandise Marks' Act, 1862, and the Trade Marks' Registration Act, 1875 • with the Kules thereunder, and Practical Directions for obtaining Kegistration ; with Notes, fuU Table of Cases and Index. By J: BIGLAND WOOD, of the Inner Temple, Esq., Barrister-at- Law.' 12mo. 1876. , ^ ■.-.■■ ^'x "Mr Wood's 'Table of Cases 'is novel and ingenious, each case hems: distinguished by a concise de.ioription in a parallel column."— ITie AtheiMlum, June 24, 1876. * » AU stundard Law Woi-hs a/re kept in Stock, in law calf and other bindings. 1235-1685 . 11. 1». Od. 1688-1770 . 1 1770-1800 , , 17 1801-1811 . . 18 1812-1823 , . 1 5 1824-1831 , . 1 6 1831-1836 . 1 10 1837-1842 , . 1 12 6 1843-1846 . 1 11 6 1847-1850 . 1 7 6 1851-1853 . 1 4 28 STEVENS AND SONS' LAW PUBLICATIONS. TRAMWAYS.— Sutton's Tram -way Acts.— The Tramway Acts of the United Kingdom, with Notes on the Law and Practice, and an Appendix containing the Standing Orders of Parliament, Rules of the Board of Trade relating to Tramways, and Decisions of the Referees with respect to Locus Standi. By HENRY SUTTON, B.A., of Lincoln's Inn, Barrister-at-Law. Post 8vo. 1874. 12s. USES.— Jones (W. Hanbury) on Uses.— 8vo. 1862. 7». VENDORS AND PURCHASERS.— Dart's Vendors and Pur- chasers. — A Treatise on the Law and Practice relating to Ven- dors and Purchasers of Real Estate. By J. HENRY DART, of Lincoln's Inn, Esq.. Barrister-at-Law, one of the Six Conveyancing Counsel of the High Court of Justice, Chancery Division. Fifth Edi- tion. By the AUTHOR and WILLIAM BARBER, of Lincoln's Inn, Esq., Barrister-at-Law. 2 vols. Royal 8vo. 1876. Zl. 13s. 6rf. *' A standard work like Sir. Dart's is beyond all praise." — The Law Journal^ February 12, 1876. VICE. — Amos. — Vide "Regulation of Vice." WATERS. — "SA/oolrych on the Law of Waters. — Including Rights in the Sea, Rivers, Canals, &o. Second Edition. 8vo. 1851. Net, 10s. Goddard.-^f^(fe "Easements." WILLS,— Montriou.— F«ie " Indian Law." Rawllnson's Guide to Solicitors on taking In- structions for "Wills.— 8vo. 1874. 4s. Theobald's Concise Treatise on the Construc- tion of Wills.— With Table of Cases and FuH Index. By H. S. THEOBALD, of the Inner Temple, Esq., Barrister-at-Law, and Fellow of Wadham College, Oxford. 8vo. 1876. Xl. " This book bas a wider scope than its title might imply ; it deals with rales of administration as weil as rules of construction, and aUo witli the several general rules of law which, from tbeir constant application in reference to the terms of testamentary dispositions, are conveniently treated of in a teit hook on wills. In this respect the extended plan of Mr. Theobald's work gives it, for practical purposes, an advantage over that of Mr. Hawkins. . . , The substance of the law is summarized by Mr. Theobald with considerable skill, and generally with accuracy. . . . We desire to record oiu- decided impression, after a somewhat careful examination, that this is a book of great ability and value. It bears on every page traces of care and sound judgment. It is certain to prove of great practical usefulness, for it supplies a want which was begin- ning to be distinctly felt." — Solicitors' Journal, February 24, 1877. "His arrangement being good, and his statement of the effect of the decisions being clear, his work cannot fail to be of practical utility, and as such wc can commend it to the attention of the profession." — Law Times, Dec. 23, 1876. " We have not space to make quotations from Mr. Theobald's book ; but we may say that it is remarkably well arranged, and its contents embrace all the principal heads on the subject." — Law Journal, February 3, 1877. "Includes within the compass of a thick octavo volume the whole body of law relating to testamentary disposition wiih leading cases down to the most recent time. — Daiiy News, December 26, 1876. • Williams.— Fiolc " Executors." WINDOW LIGHTS.— Woolrych.— Ft(?e "Lights." W RONGS.— Fide "Torts." 119, CHANCERY LANE, LONDON, W.C. 29 REPORTS. 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