THE CONTAGIOUS DISEASES ACT.

New Zealand Herald, Volume XXV, Issue 9086, 21 June 1888, Page 6

THE CONTAGIOUS DISEASES ACT.

MRS. ALDIS'S PETITION.

Allusion has several times been made in our columns to a discussion in the House of Representatives, in which ib was stated on the authority of a " high legal functionary " in Auckland that Mrs. Aldis, although taking a most active part in endeavouring to Erooure the repeal of the Contagious diseases Act, know nothing of its provisions. It has also been stated that a petition had been presented to the House from Mrs. Aldis on the subject. The following is a copy of the petition :— To the Honourable the Speaker and members of the House of Representatives, in Parliament assembled: The petition of the undersigned Mary Steadman Aldis humbly sheweth — That it having been publicly stated in your House that your petitioner having taken an active part iu promoting the repeal of the Contagious Diseases Act, is nevertheless unacquainted with the provisions of the said Act, your petitioner desires to declare that the following are amongst the provisions of the Act in question — That where an information on oath is laid before a Justice by a Superintendent of Police, charging to the effect that the informant has good cause to believe that a woman therein named is a common prostitute, and either is resident within the limits of any district to which this Act applies, or, being 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 lie thinks fit, issue a notice thereof addressed to such woman, which notice the superintendent of police shall cause to bo served on her. That at the time appointed for the appearance of such woman, the Justice, on oath being made before him substantiating 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. That where a woman is placed in a female reformatory under this Act for medical treatment, she shall be detained there for that purpose by the visiting surgeon until discharged by him by writing under his hand. That if any woman subjected by order of a Justice under' this Act to periodical medical examination temporarily absents herself in order to avoid submitting herself to such examination, she shall, on summary conviction, be liable to imprisonment either in & female reformatory or a gaol, 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; and in the ease of quitting the female reformatory without being discharged, the woman may be taken into custody without any warrant by any constah'o. That if any woman is convicted of and imprisoned for the offence of absenting herself or of refusing or neglecting to submit herself to examination as aforesaid, the ord'er subjecting her to periodical medical examination shall be in force after and notwithstanding her imprisonment. That any action or prosecution against any person for anything done in execution or intended execution of this Act shall be commenced within three months after the thing was done, and not otherwise. That if judgment is given against the plaintiff in any such action, the defendant shall recover his full costs as between attorney and olient, and shall have the like remedy for ♦the same as any defendant has by law for costs in other cases. That though a verdict is given for the plaintiff, he shall not have costs against the defendant unless the judge before whom the action is tried certifies his approbation of the action. That the term superintendent of police includes commissioner and inspector of police. That the effect of these provisions of the Contagious Diseases Act is that wherever the said Act is in force, any Superintendent, Commissioner, or Inspector of Police who chooses to say that lie has good cause to believe any woman to bo a common prostitute, may summon her before a Justice of the Peace. That without the calling of any witnesses, or the decision of a jury, merely on the word of the Policeman, the Justice of the Pcace may order the accused woman to submit periodically to a disgusting medical examination.

That a woman committed to a femalo reformatory by the visiting surgeon may be detained there us long as that functionary chooses, and may be treated, operated upon, and it may be experimented upon as he thinks fit.

That a -woman, whatever her character, who refuses to submit her person to such treatment, is liable to imprisonment, with or without hard labour. That the term "common prostitute" is not defined in the Act, and may therefore be applied at the pleasure of the policeman. That there is nothing to prevent a woman of good character from being brought under the Act. on the oath of a policeman. That it is quite possible that both policeman and Justice of the Peace may be fallen men, who may use this Act for their own base purposes. That any action or prosecution for anything done under this act must be begun within three months after the thing was done, though the person wronged may have been for the whole of that period imprisoned in a female reformatory under order of the visiting surgeon. That whereas in any such action, if the verdict be in favour of the defendant, special provision is made that he shall recover full costs;— plaintiff, if he gain a verdict, can only recover costs by favour of the Judge. That the Judge may have his own reasons .for withholding costs. That prostitution is not a legal pffence ; and yet that of the two parties concerned in it. the weaker — the woman— is punished, wnile by this law an effort is made to make sin safe for the stronger—the man. That the Act tempts young men to sin by holding out the hope that they may do so with impunity. That the carrying out of the provisions of this Act is a service which ought not to be demanded of any decent man. That the Act is therefore degrading to the police. That the provisions of the Act have been shown to be unjust, unmanly, and cowardly. Your petitioner therefore prays your honourable House at once to pass a Bill for the repeal of the Contagious Diseases Act. And your petitioner, as in duty bound, will ever pray, &c., (Signed) Mary Stkadman Aldis.