The Times, commenting on this, says: “It is matter for general regret, since its probable result will be that in future the keepers of the Haymarket ‘night-houses’ will do pretty much what they please, without let or hindrance. It was decided by Sir William Bodkin and his brother magistrates sitting at the Middlesex Sessions, on an appeal brought from Marlborough-street, that no case is made out against the keeper of a ‘night-house,’ unless the police can prove that the women found in the house were assembled there for an immoral purpose; it was possible they might be there merely for the legitimate purpose of refreshment, and not in prosecution of their wretched trade. It is perfectly obvious that this interpretation of the law, whether or not true to the letter, utterly violates the spirit. The character of the women who frequent these ‘night-houses’ is perfectly well known. They have, moreover, but one possible object in frequenting them. It is clear, therefore, that they come within the spirit of the law against harbouring improper characters quite as much as if they visited these houses actually in company of men; and hence it follows that no new principle of legislation, requiring long consideration and repeated discussion, would be introduced if the law were made to reach them. We should, in fact, be not making a new law, but giving an old law its proper effect—an effect actually given it, as Mr. Knox points out, for seven years, and latterly with admirable results. Under these circumstances, we can see no objection to replacing the law on its former satisfactory footing by the simple expedient of a short clause in the Habitual Criminals’ Bill. The Bill already deals with the low beer-houses, which are the favourite resorts of certain dangerous classes of the community; and the addition of a few words would enable it to deal with such ‘night-houses’ as those we have been discussing. This would not interfere with subsequent more mature and more comprehensive legislation on the subject, while it would obviate the delay which has driven the police authorities to desperation, and which threatens to give a fresh lease to a grave national scandal, just as it was in the way of being repressed.”
The old law alluded to by the Times is the Act of Parliament of the 2d and 3d Vict. cap. 47, and is entitled “An Act for further empowering the Police in and near the Metropolis;” being an amendment of Sir Robert Peel’s original statute, the 10th Geo. IV. Clauses 44, 52, 54, 58, and 63, bear especially on the penalties incurred by disorderly fallen women.
The 44th clause runs as follows:
“And whereas it is expedient that the provisions made by law for preventing disorderly conduct in the houses of licensed victuallers be extended to other houses of public resort; be it enacted that every person who shall have or keep any house, shop, room, or place of public resort within the Metropolitan-Police district, wherein provisions, liquors, or refreshments of any kind shall be sold or consumed (whether the same shall be kept or retailed therein, or procured elsewhere), and who shall wilfully or knowingly permit drunkenness or other disorderly conduct in such house, shop, room, or place, or knowingly suffer any unlawful games or any gaming whatsoever therein, or knowingly suffer or permit prostitutes, or persons of notoriously bad character, to meet together and remain therein, shall for every such offence be liable to a penalty of not more than five pounds.”
The 52d clause of the same statute provides:
“That it shall be lawful for the Commissioners of Police from time to time, and as occasion may require, to make regulation for the route to be observed by all carts, carriages, horses, and persons, and for preventing obstructions of the streets or thoroughfares within the Metropolitan-Police district, in all times of public processions, public rejoicings, or illuminations; and also to give directions to the constables for keeping order and for preventing any obstruction of the thoroughfares in the immediate neighbourhood of her Majesty’s palaces and public offices, the High Court of Parliament, the courts of law and equity, the police-courts, the theatres, and other places of public resort, and in any case when the streets or thoroughfares may be thronged or may be liable to be obstructed.”
The 54th clause provides, in continuation:
“That every person who, after being made acquainted with the regulations or directions which the Commissioner of Police shall have made for regulating the route of horses, carts, carriages, and persons during the time of divine service, and for preventing obstructions during public processions, and on other occasions hereinbefore specified, shall wilfully disregard, or not conform himself thereto, shall be liable to a penalty of not more than forty shillings. And it shall be lawful for any constable belonging to the Metropolitan-Police force to take into custody, without warrant, any person who shall commit any such offence within view of any such constable.”
The same 54th clause also provides:
“That every common prostitute or night-walker, loitering, or being in any thoroughfare or public place, for the purpose of prostitution or solicitation, to the annoyance of the inhabitants or passengers, shall be liable to a penalty of not more than forty shillings, and to be dealt with in the same manner.”