and leaving his wife, or his or her child or children, chargeable, or 5 Geo. 4, c. 83. whereby she or they or any of them shall become chargeable

Vagabonds.

to any parish, township, or place;-every person playing or Rogues and betting in any street, road, highway, or other open and public gaming in streets, place, at or with any table or instrument of gaming, at any &c. (h); game or pretended game of chance;-every person having in possessing househis or her custody or possession any picklock key, crow, jack, ments (); breaking implebit, 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 found in houses, &c. (k); person being found in or upon any dwelling house, warehouse, coach-house, stable, or outhouse, or in any inclosed yard, garden, or area, for any unlawful purpose;-every suspected person or reputed reputed thief, frequenting any river, canal, or navigable stream, dock, or basin, or any quay, wharf, or warehouse near or adjoining thereto, or any street, highway, or avenue leading thereto, or any place of public resort, or any avenue leading thereto, or any street, highway, or place adjacent (1), with intent to commit

120; 2 Dowl. P. C. N. S. 58; 6 Jur. 646; 6 J. P. 535); the liability commences at the time of the person actually becoming chargeable (Heath v. Heape, 26 L. J. M. C. 49; 1 H. & N. 478; 5 W. R. 23; 20 J. P. 760), and the limitation of 6 months for commencing proceedings dates from that time (Reeves v. Yeates, 31 L. J. M. C. 241; 1 H. & C. 435; 8 Jur. N. S. 751; 10 W. R. 779; 26 J. P. 808; Bramwell, B., diss.); the desertion must be wilful, with a reasonable belief at the time that the person would become chargeable (Sweeney v. Spooner, 32 L. J. M. C. 82; 3 B. & S. 329; 9 Jur. N. S. 691; 11 W. R. 264; 7 L. T. N. S. 623; 27 J. P. 181; and see Guardians of Cambridge v. Parr, 30 L. J. M. C. 241; 10 C. B. N. S. 99; 7 Jur. N. S. 1303; 9 W. R. 636; 25 J. P. 518; 4 L. T. N. S. 323). A constable is not justified, under s. 6, in arresting without warrant a person deserting his family, as he cannot be said to be "found offending" (Horley v. Rogers, 29 L. J. M. C. 140; 2 E. & E. 674; 8 W. R. 392; 2 L. T. N. S. 171; 6 Jur. N. S. 605; 24 J. P. 582). For liability of relatives, see "PAUPERS," ante, pp. 545, 546.

(h) Gaming.-See also "GAMING-HOUSES," ante, p. 307, and 36 & 37 Vict. c. 38, infra, p. 822. As to a railway carriage being a public place within this clause, see Re Freestone, 25 L. J. M. C. 121; 1 H. & N. 93; 2 Jur. N. S. 525; 4 W. R. 567; 27 L. T. 109; 20 J. P. 376.

(1) This offence by night is a Misdemeanor (24 & 25 Vict. c. 96, s. 58, ante, "BURGLARY," p. 107).

(k) Unlawful purpose.-As to persons in a house with the servants converting provisions to their own use, see Kirkin v. Jenkins, 32 L. J. M. C. 140; 9 Jur. N. S. 1013; 9 Cox, C. C. 311; 11 W. R. 618; 27 J. P. 277; 8 L. T. N. S. 243. The unlawful purpose must be of a criminal, and not merely a civil or immoral, character (Hayes v. Stevenson, 9 W. R. 53; 3 L. T. N. S. 296; 24 J. P. 740). (1) Reputed thieves.-This is now to be read as if instead of "highway or place adjacent," there were inserted the words "highway or any place adjacent to a street or highway" (34 & 35 Vict. c. 112, s. 15). In proving the intent to commit a felony it is not necessary to show that the person suspected was guilty of any particular act tending to show his purpose or intent, and he may be convicted if, from the circumstances of the case and from his known

thieves (1);

5 Geo. 4, c. 83. 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

Rogues and Vagabonds. resisting arrest.

Incorrigible
Rogues.

Arrest (n).

Constables

neglecting duty.

[Imprisonment, on conviction before 1 justice or by his own view, not exc. 3 calendar months, hard labour, in the house of correction (m); and every such implement, offensive weapon, and instrument as aforesaid, forfeited to the Crown.]

5. Every person breaking 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[On conviction before 1 justice to be committed to the house of correction, there to remain, with hard labour, until the next general or quarter sessions.] 6. It shall be lawful for any person whatsoever to apprehend any person who shall be found offending against this Act, and forthwith to take and convey him or her before some justice of the peace, to be dealt with in such manner as is herein-before directed, or to deliver him or her to any constable or other peace officer of the place where he or she shall have been apprehended, to be so taken and conveyed as aforesaid;

And in case any constable or other peace officer shall refuse or wilfully neglect to take such offender into his custody, and to take and convey him or her before some 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 * Penalty—s. 11. find offending against this Act, it shall be deemed a neglect of duty in such constable or other peace officer.*

character as proved to the Court, it appears that his intent was to commit a felony (Id.).

A railway platform is a place of public resort within this clause (Er parte Davis, 26 L. J. M. C. 178; 21, J. P. 280; 2 H. & N. 149; 5 W. R. 522); and a private house, in which a sale by auction is held, is for the time a place of public resort (Sewell v. Taylor, 29 L. J. M. C. 50; 6 Jur. N. S. 582; 6 C. B. N. S. 160; 8 W. R. 26; 23 J. P. 792; 1 L. T. N. S. 37); but a steamboat is not (R. v. Taylor and Jones, 21 J. P. 488). A commitment which alleged that the person was found in a place of public resort instead of frequenting, has been held good (Re Cross, 26 L. J. M. C. 28; 1 H. & N. 651). (m) Procedure. See note (d), ante, p. 817.

(n) Ser R. v. Howarth, 1 Moo., C. C. 207, and Horley v. Rogers, note (g), supra,

7. [Justices, on oath, may issue warrants.]

5 Geo. 4, c. 83.

searched.

8. [Any person apprehending any idle and disorderly person, Incorrigible rogue and vagabond, or incorrigible rogue, may take any horse, Rogues. mule, ass, cart, or other vehicle, or goods in the possession or Vagrants to be use of such person, as well as such person before a justice, and any justice by whom any person shall be adjudged to be an idle and disorderly person, or a rogue and vagabond, or an incorrigible rogue, may order him to be searched, and his boxes bundles, or packages to be inspected in the presence of the said justice, and of him, and any such cart or other vehicle to be searched in his presence, and the said justice may order any Application of money found with or upon such offender to be applied towards towards mainthe expence of apprehending, conveying, and maintaining such tenance. offender during committal; and if sufficient money be not found, such justice may order such effects found to be sold and applied as aforesaid, and the overplus, after deducting the charges of sale, to be returned to the offender.]

effects found

witnesses, &c.

9. [Any justice committing any incorrigible rogue, or when Recognizance of any person shall give notice of appeal against conviction and enter into recognizance, shall require the person apprehending, and the witnesses to be bound to appear at the sessions, to give evidence; and the justices at the sessions may order the treasurer to pay their expenses. Any person refusing to be bound may be committed to the common gaol, until he shall enter into such recognizance, or be otherwise discharged by due course of law.]

10. [Punishment of incorrigible rogues at sessions.]

duties, &c. (0).

11. In case any constable or other peace officer shall neglect officers neglecting his duty in anything required of him by this Act, or in case Obstructing any person shall disturb or hinder any constable or other peace officers. officer in the execution of this Act, or shall be aiding, abetting,

or assisting therein

[Penalty not exc. £5 (p).]

12. [Costs of prosecution (p).]

13. It shall be lawful for any justice of the peace, upon infor- Search of lodging mation on oath before him made, that any person herein-before houses, &c. described to be an idle and disorderly person, or a rogue and vagabond, or an incorrigible rogue, is or is reasonably suspected

(0) A constable is not liable under this section for refusing to arrest without warrant, under s. 6, a person for deserting his family, as such person cannot be said to be "found offending" (Horley v. Rogers, supra, p. 819).

(p) Procedure. Within 6 months (Introd. p. 23); 1 justice (s. 11). Penalty enforced by Imprisonment, under Small Penalties Act, if not exc. £5 with costs (Introd. p. 32); or by distress, in default Imprisonment not exc. 3 months (s. 11): Payable to county treasurer (s. 11). Costs of the prosecutor may be paid by the county treasurer on an order of the justice (s. 12). Appeal, as in note (d), ante, p. 817.

Geo. 4, c. 83. to be harboured or concealed in any house kept or purporting to be kept for the reception, lodging, or entertainment of travellers, by warrant under his hand and seal to authorize any constable or other person or persons to enter at any time into such house, and to apprehend and bring before him or any other justice of the peace every such idle and disorderly person, rogue and vagabond, and incorrigible rogue as shall be found therein, to be dealt with in the manner herein-before directed.

Gaming in public places (q).

36 & 37 VICT. c. 38.

1, 2. [Preliminary; to be read as one with 5 Geo. 4, c. 83.] 3. Every person playing or betting by way of wagering or gaming in any street, road, highway, or other open and public place, or in any open place to which the public have or are permitted to have access, at or with any table or instrument of gaming, or any coin, card, token, or other article used as an instrument or means of such wagering or gaming, at any game or pretended game of chance, shall be deemed a Rogue and Vagabond. . . . or—

[Penalty not exc. 40s.; 2nd offence, not exc. £5 (r).]

Fraudulently concealing deeds, &c., or falsifying pedigree.

Vendors.

22 & 23 VICT. c. 35.

1-23. [Law of property and trustees relief.]

24. Any seller or mortgagor of land, or of any chattels, real or personal, or choses in action conveyed or assigned to a purchaser (8), or the solicitor or agent of any such seller or mortgagor, who shall after the passing of this Act conceal any settlement, deed, will, or other instrument material to the title or any incumbrance from the purchaser (s), or falsify any pedigree upon which the title does or may depend, in order to induce him to accept the title offered or produced to him, with intent

(4) See also 5 Geo. 4, c. 83, s. 4, supra, p. 817. As to what is an instrument of gaming, see Tollett and another v. Thomas, L. R. 6 Q. B. 514; 40 L. J. M. C. 209; 19 W. R. 890; 35 J. P. 359; 24 L. T. N. S. 508. Betting odds on one of several dogs in a race and paying half a sovereign, is not betting or playing with a coin as an instrument of gaming (Hirst v. Molesbury, 40 L. J. M. C. 76; L. R. 6 Q. B. 130; 19 W. R. 246; 35 J. P. 229; 23 L. T. N. S. 555).

(7) Procedure. Within 6 months (Introd. p. 23); 1 justice (Introd. p. 27). Penalty enforced by Imprisonment, under Small Penalties Act, if not exc. £5 with costs; or by distress, in default Imprisonment not exc. 3 months (Introd. p. 31): Payable to county treasurer (Introd. p. 38). Appeal, as in note (d), ante, p. 817.

(8) This Act is to be read as if the words "or mortgagee" followed "purchaser" in every place (23 & 24 Vict. c. 38, s. 8).

in any of such cases to defraud, shall be guilty of a Misde- 22 & 23 Vict. meanor (t).

c. 35.

25. ["Land" includes all tenements and hereditaments, and Interpretation any part or estate therein; "Mortgage" includes every instrument by virtue whereof land is in any manner conveyed, assigned, pledged, or charged as security for the repayment of money or money's worth lent, and to be reconveyed, reassigned, or released on satisfaction of the debt; "Mortgagor" includes every person making such conveyance, &c.; and "Mortgagee" includes every person to whom or in whose favour such conveyance, &c., is made or transferred.]

(†) Triable at Sessions. Bail Compulsory. No Costs.