same shall not be valid and effectual until it shall have PART II. been approved by the majority of the Justices of such CLASS V. pe- No. 2. culiar jurisdiction, at a meeting holden expressly for taking Stat. 28 the same into consideration. G. 3. c. 30. No licence III. Provided also, That no such licence shall be granted by the Justices aforesaid within any city, town, or place, to be unless notice shall have been given by the person or persons granted, applying for such licence, at least three weeks before such unless application, to the Mayor, Bailiff, or other chief civil officer weeks or officers of such city, town, or place, of his or their intend- notice be ing to make such application. three given the Mayor, &c. previous to application for a licence. Anno 5 GEO. IV. Cap. 83. An Act for the Punishment of idle and disorderly Persons, and Rogues and Vagabonds, in that Part of Great Britain called England. [21st June 1824.] No. 3. WHEREAS an Act was passed in the third year of the 3 G.4. c. reign of his present Majesty, intituled An Act for consolidat. 40. ing into one Act and amending the Laws relating to idle and disorderly Persons, Rogues and Vagabonds, incorrigible Rogues and other Vagrants, in England: And whereas the said Act was to continue in force until the first day of September one thousand eight hundred and twenty-four, and no longer; and it is expedient to make further provision for the suppression of Vagrancy, and for the punishment of idle and disorderly persons, rogues and vagabonds, and incorrigible rogues, in England; Be it therefore enacted by the Former King's most excellent Majesty, by and with the advice and provisions consent of the Lords Spiritual and Temporal, and Com-made as to mons, in this present Parliament assembled, and by the au- shall be rethority of the same, That all provisions heretofore made pealed, exrelative to idle and disorderly persons, rogues and vaga- offences bonds, incorrigible rogues or other vagrants, in England, committed shall be and the same are hereby repealed, except only as to before the any offence committed before the passing of this Act, this Act. which shall be punished under the provisions of the said recited Act, and save and except as hereinafter excepted. vagrants cept as to passing of II. And whereas by an Act passed in the thirty-second 32 G. 3. c. year of the reign of his late Majesty King George the 45. s. 4. Third, intituled An Act to explain and amend an Act made in the seventeenth year of the reign of his late Majesty King George the Second, intituled " An Act to amend and make "more effectual the Laws relating to Rogues, Vagabonds No. 3. Stat. 5 PART II." and other idle and disorderly Persons, and to Houses of CLASS V." Correction," his Majesty's Judges of Assizes and the Jus tices at the General or Quarter Sessions, or any Justice of G. 4. c. 83. the Peace, are empowered to order any convict upon his discharge from prison to be conveyed by pass in manner therein directed; and the Judge, Justices or Justice aforesaid, are also empowered to convey by pass any person who shall be acquitted at the Assizes or General or Quarter Sessions, or discharged by proclamation or otherwise, who shall apply to be conveyed as aforesaid: and whereas doubts have arisen whether such parts of such Act as give such power to order such person to be conveyed by pass were by the provisions of the said recited Act of the third year of the reign of his present Majesty repealed: And whereas it is expedient to remove such doubts; Be it therefore declared and enacted, That all such provisions of the said recited Act of the thirty-second year of the reign of his late Majesty King George the Third, as give such power of conveying by pass any convict upon his discharge from prison, and any person who shall be acquitted at the Repealed. Assizes or General or Quarter Sessions, or discharged by proclamation or otherwise, shall be and the same is hereby repealed. Idle and certain of in men tioned, III. And be it further enacted, That every person being disorderly able wholly or in part to maintain himself or herself, or his persons or her family, by work or by other means, and wilfully recommitting fusing or neglecting so to do, by which refusal or neglect he fences here- or she, or any of his or her family whom he or she may be legally bound to maintain, shall have become chargeable to how to be any parish, township or place; every person returning to punished. and becoming chargeable in any parish, township or place from whence he or she shall have been legally removed by order of two Justices of the Peace, unless he or she shall produce a certificate of the church-wardens and overseers of the poor of some other parish, township or place, thereby acknowledging him or her to be settled in such other parish, township or place; every petty chapman or pedlar wandering abroad and trading, without being duly licensed, or otherwise authorized by law; every common prostitute wandering in the public streets or public highways, or in any place of public resort, and behaving in a riotous or indecent manner; and every person wandering abroad, or placing himself or herself in any public place, street, highway, court or passage, to beg or gather alms, or causing or procuring or encouraging any child or children so to do, shall be deemed an idle and disorderly person within the No. 3. Stat. 5 true intent and meaning of this Act; and it shall be lawful PART II. for any Justice of the Peace to commit such offender (being CLASS V. thereof convicted before him by his own view, or by the confession of such offender, or by the evidence on oath of G. 4. c. 83. one or more credible witness or witnesses) to the House of Correction, there to be kept to hard labour for any time not exceeding one calendar month. certain of to be deem IV. And be it further enacted, That every person com- Persons mitting any of the offences hereinbefore mentioned, after committing having been convicted as an idle and disorderly person; fences every person pretending or professing to tell fortunes, or herein using any subtle craft, means or device, by palmistry or mentioned otherwise, to deceive and impose on any of his Majesty's ed rogues subjects; every person wandering abroad and lodging in and vagaany barn or outhouse, or in any deserted or unoccupied bonds. building, or in the open air, or under a tent, or in any cart or waggon, not having any visible means of subsistence, and not giving a good account of himself or herself; every person wilfully exposing to view, in any street, road, highway or public place, any obscene print, picture or other indecent exhibition; every person wilfully, openly, lewdly and obscenely exposing his person in any street, road or public highway, or in the view thereof, or in any place of public resort, with intent to insult any female; every person wandering abroad and endeavouring by the exposure of wounds or deformities to obtain or gather alms; every person going about as a gatherer or collector of alms, or endeavouring to procure charitable contributions of any nature or kind, under any false or fraudulent pretence; every person running away and leaving his wife, or his or her child or children, chargeable, or whereby she or they or any of them shall become chargeable to any parish, township or place; every person playing or betting in any street, road, highway or other open and public place, at or with any table or instrument of gaming, at any game or pretended game of chance; every person having in his or her custody or possession any picklock key, crow, jack, bit or other implement, with intent feloniously to break into any dwelling house, warehouse, coach house, stable or outbuilding, or being armed with any gun, pistol, hanger, cutlass, bludgeon or other offensive weapon, or having upon him or her any instrument, with intent to commit any felonious act; every person being found in or upon any dwelling house, warehouse, coach house, stable or outhouse, or in any enclosed yard, garden or area, for any unlawful purpose; every suspected person or reputed thief, frequenting any river, canal D d PART II. or navigable stream, dock or basin, or any quay, wharf or CLASS V. warehouse near or adjoining thereto, or any street, highway Stat. 5 or avenue leading thereto, or any place of public resort, or G. 4. c. 83. any avenue leading thereto, or any street, highway or place No. 3. Who shall incorrigible rogues. adjacent, with intent to commit felony; and every person apprehended as an idle and disorderly person, and violently resisting any Constable or other Peace Officer so apprehending him or her, and being subsequently convicted of the offence for which he or she shall have been so apprehended, shall be deemed a rogue and vagabond, within the true intent and meaning of this Act; and it shall be lawful for any Justice of the Peace to commit such offender (being thereof convicted before him by the confession of such offender, or by the evidence on oath of one or more credible witness or witnesses) to the House of Correction, there to be kept to hard labour for any time not exceeding three calendar months; and every such picklock key, crow, jack, bit and other implement, and every such gun, pistol, hanger, cutlass, bludgeon or other offensive weapon, and every such instrument as aforesaid, shall, by the conviction of the offender, become forfeited to the King's Majesty. V. And be it further enacted, That every person breakbe deemed ing or escaping out of any place of legal confinement before the expiration of the term for which he or she shall have been committed or ordered to be confined by virtue of this Act; every person committing any offence against this Act which shall subject him or her to be dealt with as a rogue and vagabond, such person having been at some former time adjudged so to be and duly convicted thereof; and every person apprehended as a rogue and vagabond, and violently resisting any Constable or other Peace Officer so apprehending him or her, and being subsequently convicted of the offence for which he or she shall have been so apprehended, shall be deemed an incorrigible rogue within the true intent and meaning of this Act; and it shall be lawful -for any Justice of the Peace to commit such offender (being thereof convicted before him by the confession of such offender, or by the evidence on oath of one or more credible witness or witnesses) to the House of Correction, there to remain until the next General or Quarter Sessions of the Peace; and every such offender who shall be so committed to the House of Correction, shall be there kept to hard labour during the period of his or her imprisonment. Any person VI. And be it further enacted, That it shall be lawful may appre-for any person whatsoever to apprehend any person who hend of- shall be found offending against this Act, and forthwith to fenders. take and convey him or her before some Justice of the PART II. Peace, to be dealt with in such manner as is hereinbe- CLASS V. fore directed, or to deliver him or her to any Constable No. 3. Stat. 5 glecting or other Peace Officer of the place where he or she shall G. 4. c. 83. have been apprehended, to be so taken and conveyed as aforesaid; and in case any Constable or other Peace Officer Constables, shall refuse or wilfully neglect to take such offender into his &c. necustody, and to take and convey him or her before some their duty. Justice of the Peace, or shall not use his best endeavours to apprehend and to convey before some Justice of the Peace any person that he shall find offending against this Act, it shall be deemed a neglect of duty in such Constable or other Peace Officer, and he shall on conviction be punished in Punishsuch manner as is hereinafter directed. ment. warrant VII. And be it further enacted, That it shall be lawful Justices for any Justice of the Peace, upon oath being made before may issue him that any person hath committed or is suspected to have to apprecommitted any offence against this Act, to issue his warrant hend susto apprehend and bring before him or some other Justice of pected perthe Peace the person so charged to be dealt with as is directed by this Act. sons. searched, VIII. And be it further enacted, That it shall be law- Vagrants ful for any Constable, Peace Officer or other person appre- to be hending any person charged with being an idle and disor- and trunks, derly person, or a rogue and vagabond, or an incorrigible bundles, rogue, to take any horse, mule, ass, cart, car, caravan &c. to be or other vehicle, or goods in the possession or use of such inspected. person, and to take and convey the same as well as such person before some Justice of the Peace, and for every Justice of the Peace by whom any person shall be adjudged to be an idle and disorderly person, or a rogue and vagabond, or an incorrigible rogue, to order that such offender shall be searched, and that his or her trunks, boxes, bundles, parcels or packages shall be inspected in the presence of the said Justice, and of him or her, and also that any cart, car, caravan or other vehicle which may have been found in his or her possession or use, shall be searched in his or her presence; and it shall be lawful for the said justice to order Money and that be then found with or upon any money which may such effects found upon offender shall be paid and applied for and towards the exvagrants pense of apprehending, conveying to the House of Correc- applied tion, and maintaining such offender during the time for towards exwhich he or she shall have been committed; and if upon apprehendsuch search money sufficient for the purposes aforesaid be ing and not found, it shall be lawful for such Justice to order that maintaina part, or if necessary the whole of such other effects then ing them. found, shall be sold, and that the produce of such sale shall pense of |