Page:Immorality Act 1957.djvu/2

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Act No. 23 of 1957.

(e)

any person who, being the owner of any house or place, lets the same, or allows the same to be let, or to continue to be let, with the knowledge that such house or place is to be kept or used or is being kept or used as a brothel;

(f)

any woman found in a brothel who refuses to disclose the name and identity of the keeper or manager thereof;

(g)

any person whose wife keeps or resides in or manages or assists in the management of a brothel unless he proves that he was ignorant thereof or that he lives apart from her and did not receive the whole or any share of the moneys taken therein.

Onus of proof.

4. In prosecutions under this Act the onus of proving that a house or place is to be kept or used or is being kept or used as a brothel to the knowledge of the owner shall be on the prosecution: Provided that—

(a)

if it is established to the satisfaction of the court that, having regard to the locality and accommodation, the rent to be paid or paid for the house or place is exorbitant, the onus shall be on the accused to prove that he was ignorant that such house or place is to be kept or used or was kept or used as a brothel;

(b)

proof of written notice having been given to the owner by a police officer not below the rank of sergeant or by two householders living in the vicinity of the house or place that any house or place is being kept or used as a brothel, shall be conclusive proof of knowledge on his part.

Contract to let house or place for a brothel void.

5. Any contract to let any house or place to be kept or used as a brothel shall be null and void.

Use of house or place as a brothel avoids contract of letting.

6. Any contract of letting and hiring of any house or place which subsequently to the making of such contract becomes a brothel shall as from the date of such event be determined and become null and void: Provided that upon proof by the owner of his ignorance that the house or place was so kept or used he shall be entitled to recover the rent up to the date upon which he became aware that the house or place was being kept or used as a brothel.

Summary ejectment when a house or place is used as a brothel.

7. The owner of any house or place kept or used as a brothel shall be entitled to apply to the magistrate of the district in which such house or place is situated for the summary ejectment of any person who may be keeping or using such house or place as a brothel and such magistrate shall be entitled after enquiry to order the summary ejectment of such person.