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able to a parish.-Every person playing or betting in a 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 a picklock key, crow, jack, bit, or other implement, with intent feloniously to break into a dwelling-house, warehouse, coach-house, stable, or outbuilding; or being armed with a gun, pistol, hanger, cutlass, bludgeon, or other offensive weapon, or having upon him or her any instrument with intent to commit a felonious act.-Every person being found in or upon a dwelling-house, warehouse, coach-house, stable, or outhouse, or in an inclosed yard, garden, or area, for unlawful purpose.-Every suspected person or reputed thief frequenting a river, canal, or navigable stream, dock, or basin, or a quay, wharf, or warehouse near or adjoining, or street, highway, or avenue leading thereto, or any place of public resort, or avenue leading thereto, or a street, highway, or place adjacent, with intent to commit felony.-Every person apprehended as an idle and disorderly person resisting the constable or other peace-officer, and being subsequently convicted of the offence for which he or she shall have been so apprehended. P. on conviction by confession, or oath of 1 W., commitment to the house of correction to hard labour for (not exceeding) three calendar months, and every such picklock key, &c. forfeited to the king, 1 J. Ibid. s. 4.

INCORRIGIBLE ROGUES.

Every person breaking or escaping out of a place of confinement before the expiration of the term.-Every person committing an 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 convicted thereof; and every person apprehended as a rogue and vagabond, and violently resisting the constable, and being subsequently convicted of the offence for which he or she shall have been so

apprehended. P. on conviction before 1 J. on confession, or on oath of one or more credible witness or witnesses, commitment to the house of correction, until the next general or quarter sessions, to hard labour during the period of his or her imprisonment. Ibid. s. 5.

APPREHENDING.

Any person may apprehend an offender, and take him or her before a justice of the peace, or deliver him or her to a constable for that purpose. Constable refusing or neglecting to take offender into custody, and to take him or her before a justice, or not using his best endeavours to apprehend an offender, is guilty of neglect of duty, and on conviction to be punished. Ibid. s. 6.

POWER OF JUSTICES OUT OF SESSIONS.

Any justice, upon oath being made that a person hath committed, or is suspected to have committed, an offence against this act, may issue his warrant to apprehend the person so charged. Ibid. s. 7.

or

Constable or other person apprehending an idle and disorderly person, or a rogue and vagabond, or an incorrigible rogue, may take the horse, mule, ass, car, cart, caravan, other vehicle, or goods in his possession, and convey them, as well as the party, before a justice; and the justice by whom he shall be adjudged an idle and disorderly person, or a rogue and vagabond, or an incorrigible rogue, may order him to be searched, and his or her trunks, boxes, bundles, parcels or packages, to be inspected in his presence; and also the cart, car, caravan, or other vehicle, in his or her possession, to be searched in his or her presence; and the justice may order the money found upon the offender to be applied towards the expense of apprehending, conveying to the house of correction, and maintaining him during confinement; and if upon such search money sufficient for these

purposes is not found, the justice may order a part or the whole of the other effects found to be sold, and the produce to be applied as above, and the overplus, after deducting the charges of such sale, to be returned to the offender. Ib. s. 8.

When a justice commits an incorrigible rogue to the house of correction to the next general or quarter sessions, or when an idle and disorderly person, rogue and vagabond, or incorrigible rogue, gives notice of appeal against the conviction, and entering into recognizance to prosecute the appeal, the justice may require the person by whom offender is apprehended, and the person or persons whose evidence shall appear to him to be material to prove the offence and to support such conviction, to be bound in recognizance to appear at the said general or quarter sessions, to give evidence against the offender. Ibid. s. 9.

CONSTABLE'S DUTY.

Constable neglecting his duty, or any person disturbing or hindering him in the execution of his duty, or aiding, abetting, or assisting, P. (not exceeding) 57.; and if not forthwith paid, R. distress, and if no sufficient distress, commitment to the house of correction for not exceeding three calendar months, or until fine be paid: the fine when paid to be paid to the treasurer of the county. 1J. 1 W. Ibid. s. 11.

If a constable is convicted before a justice of the peace for neglect of duty, or of disobedience of the lawful warrant or order of a justice, and if two or more justices of the peace shall impose a fine or direct a penalty to be paid by such officer, under an act passed in the thirty-third year of the reign of his late Majesty King George the Third, intituled, "An act to authorize justices of the peace to impose fines upon constables, overseers, and other peace and parish officers, for neglect of duty, and on masters of apprentices, for ill usage of such their apprentices, and also to make proision for the execution of warrants of distress granted by

niagistrates," or under any other powers in that behalf, the justice or justices, on conviction of offender, may reimburse the person or persons, on whose complaint or information the offender is convicted, all expenses incurred, by an order under his or their hands and seals on the treasurer of the county. Ibid. s. 12.

LODGING-HOUSES MAY BE SEARCHED.

A justice, upon information on oath that any person before described to be an idle and disorderly person, or a rogue and vagabond, or an incorrigible rogue, is suspected to be harboured or concealed in a house kept for the reception, lodging or entertainment of travellers, may by warrant under his hand and seal authorize a constable to enter at any time such house, and apprehend every idle and disorderly person, rogue and vagabond, and incorrigible rogue found therein, to be dealt with as above. Ibid. s. 13.

APPEAL.

Appeal to the next general or quarter-sessions, giving to the justice or justices of the peace, whose act or determination shall be appealed against, notice in writing of appeal, and of the ground thereof, within seven days after such determination, and before the next general or quarter sessions, entering within such seven days into a recognizance, with surety to appear and prosecute appeal; and upon notice being given, and recognizance entered into, the justice is to discharge the offender out of custody.

Justices of the peace are not to grant to any person, other than a person entitled thereto under and by virtue of an act passed in the forty-third year of the reign of his late Majesty King George the Third, c. 61. intituled, "An act for the relief of soldiers, sailors, and marines, and of the wives of soldiers in the cases therein mentioned, so far as relates to England,” any certificate or other instrument enabling such person to

ask alms or relief in their route: every person asking alms or relief under any certificate or other instrument by the said act prohibited, to be declared an idle and disorderly person. Ibid. s. 16.

Convictions to be in the form set forth in the act; and transmitted to the next general or quarter-sessions. Ib. s. 17.

LIMITATION OF ACTIONS.

If any action is brought against a justice, constable, or other person, for any thing done or committed by him in the execution of his duty or office under this act, the justice, constable, or other person, having judgment in his favour, is entitled to treble costs, unless the judge shall certify that there was a reasonable cause for such action. Ibid. s. 18. Actions to be commenced within three calendar months after the cause of action or complaint. Ibid. s. 19.

REMOVAL OF CONVICTS TO THEIR SETTLEMENTS.

Every person convicted as an idle and disorderly person, or as a rogue and vagabond, to be deemed actually chargeable to the parish in which such person shall reside, and may be removed to the parish of his or her last legal settlement, by the order of two justices of the peace. Ibid. s. 20.

OFFENCES COMMITTED UNDER FORMER ACTS.

Wherever by any act of parliament now in force it is directed that a person shall be punished as an idle and disorderly person, or as a rogue and vagabond, or as an incorrigible rogue, and not provided for by this act, such person to be punished under the provisions, powers, and directions of this act. Ibid. s. 21.

EXEMPTIONS FROM THE VAGRANT LAW.

Not to extend to Scotland or Ireland, nor to alter any law now in force for the removal of poor persons born in Scotland,

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