fr. SCOTTISH ACTS, PUNISH MENT. $2. GEO. 11, 17TH, C. 5, ter fixty days, he resume his former vagabond courfe of life, he is to fuffer the pain of death as a thief; and in order that fuch offenders may be more easily apprehended, there were various regulations made by that and other ftatutes ", which, however, need not be here particularly mentioned, being, if not exprefsly repealed, yet in a great measure fuperfeded by the British statute, commonly called the Vagrant A&t, which regulates this matter all over the kingdom. II. As this act is a general code refpecting this fubject, it was thought proper to give it entire in the appendix. Here, VAGRANT therefore, only a very general statement of its contents can be neceffary, and the notice of fuch alterations and additions as have been introduced by fubfequent enactments. ACT. CLASSES OF OFFEN DERS. THE ftatute fpecifies three claffes of offenders, viz. idle and diforderly persons», rogues and vagabonds, and incorrigible a Appendix I, No. 41. b Befides the different defcriptions of perfons enumerated by this ftatute (appendix i, p. clvi,) as included in this first clafs, there are farther mentioned by 32 Geo. III, c. 45, § 8, all perfons who, by their wilful "default and neglect, permit their " wives and children to become chargeable to their parishes or "places; and if it shall be made appear to two juftices that such per"fons do not ufe proper means to get employment; or being able to "work, do neglect to work, or spend "their money in ale-houses, or pla"ces of bad report, or in any other "improper manner, and do not em"ploy a proper proportion of the "money earned by them towards "the maintenance of their wives and "families, by which they, or any of "them, become chargeable to fuch « parish or place." Who are included under the term rogues and vagabonds, see Appendix I, p. clvii. Farther, the statute 23d Geo. III, c. 88, enacts, that "any "perfon apprehended, having upon "him any picklock, key, crow, jack, bit, or other implement, with an "intent feloniously to break and en❝ter any dwelling-house,ware-house, "coach-house, stable, or onthouse; or "fhal! have upon him any pistol, hanger, cutlass, bludgeon, or other "offenfive weapon, with intent fe"lonioufly to affault any person; or shall be found in or upon any " dwelling-house, ware-house, coach"houfe, ftable, or outhoufe, or in " any inclosed yard or garden, or "area belonging to any houfe, with "intent to fteal any goods or chat"tels;-shall be deemed a rogue and "vagabond, within the meaning of "the ftatute of 1th Geo. II." rogues2, who are all punished in the manner particularly therein set forth. § 2. GEO. II, 17TH, C. 5, VAGRANT ACT, -CLASSES DFRS. One juftice. IDLE and disorderly perfons are punished with one month's imprisonment in the house of correction; to be kept at OF OFFENhard labour. Any one juftice may commit fuch offenders, being convicted before him, by his own view, confeflion, or oath of one witnefs; and, farther, may order any overfeer, where fuch offender fhall be apprehended, to pay five fhillings to any perfon in fuch parish or place fo appre- Payment of hending them, for every offender fo apprehended; to be allowed in his accounts, on producing the juftice's order, and Penalty for the perfon's receipt to whom it was paid. And if the over- neglecting feer fhall neglect, or refufe, to pay the fame, the faid juf- 5s. tice, on oath thereof, may, by his warrant, order the fame to be levied by distress and sale of his goods; in which cafe he fhall not be allowed the fame in his accounts . 55. to pay the ROGUES and vagabonds are to be punished with whipping Rogues and and imprisonment, not exceeding fix months; and incorrig- wagabonds, ible rogues with the like difcipline and imprisonment, not exceeding two years. Any private perfon may apprehend a rogue and vagabond, and carry him to the juftice or to a con As to what perfons are included in this defcription, fee Appendix I, No. 4t, the first clafs is, endgatherers offending against the ftatute of 13 Geo. I, c. 23, § 8, by which offence is meant," the collecting, buying, receiving, or carrying, any ends of "yarn, wefts, thrums, fhort yarn, or "other refufe of cloth, drugget, or "other woollen goods; and the pu"nishment of such perfons is in or"der to prevent their committing abufes by fuch practices in the "woollen manufacture." § 2. GEO. 11, VAGRANT ACT, MENTS. till the ftable; and the juftice may order a reward of 10s. to be paid 17TH, c. 5, to the perfon, whether conftable or private individual, who apprehends him. But no juftice fhall order any reward to be -PUNISH- paid to any conftable or other perfon apprehending any rogue or vagabond (women excepted), until he shall have been pubNo reward licly whipped, or fent to the house of correction, as the act requires, and until the examination be actually transmitted to the next feffions". The conftable neglecting, or refufing, his best endeavours to apprehend any fuch offender, and convey him to fome juftice, or any other perfon being charPenalty for ged by any juftice fo to do, but refufing, or neglecting, to give obedience, fhall, on conviction thereof, on view, or oath One justice. of one witnefs, before one justice, forfeit ten fhillings to the poor by diftrefs". rogue be whipt. neglect. SEARCH. ces, when neceffary.. Examina -PRIVY A SEARCH, alfo, is directed to be made four times in the year; and, by a fubfequent ftatute, two juftices, in cafe Two jufti- any perfon apprehended upon a general privy fearch, or by a fpecial warrant, fhall be charged before them with being a rogue or vagabond, or an idle and diforderly person, or with fufpicion of felony (although no direct proof be then made thereof), may examine fuch perfon on oath, as to his fettletion of one ment, and means of livelihood; and the fubftance of such charged to examination fhall be put in writing, and figned by fuch perthough not fon, and by the juftices, and be tranfmitted to the next feffion to be filed; and if fuch person shall not fhew that he has a lawful way of getting his livelihood, or fhall not procure fome refponfible houfekeeper to atteft his character, and to give fecurity, if required, for his future appearance at fome other day, to be fixed for that purpofe, the justices may commit him to fome prifon, or house of correction, for any time not exceeding fix days; and in the meantime, or be a rogue, proved to be fo. 2 § 5, Appendix I, p. clviii. C 32 Geo. III, c. 45, § 2. 5, Appendix I, p. clviii. d§ 6, Appendix I, p. clviii. с 25 Geo. II, c. 36. $ 6. GEO. 11, VAGRANT АСТ. der the overfeers of the poor to advertise in fome public paper a description of his perfon, and any thing that shall 17TH, c. 5, be found on him, or in his cuftody, and which he fhall be ACT. fufpected not to "have come honestly by," and the place of his commitment, and the time and place appointed for his re-examination; and if no accusation shall be then laid against him, he shall be discharged, or otherwise dealt with according to law 2. tion. THE juftice, when any fuch offender is brought before Examinahim, muft proceed to take his examination, wherein he must be guided by the directions contained in § 7 6. THE punishment, as already mentioned, is whipping or Punishment imprisonment. The statute 27 Geo. III, c. 11, directs the justice to order such persons so apprehended to be publicly whipt by the constable, petty constable, or some other perfon to be appointed by fuch conftable or petty conftable of the parish or place where fuch perfon was apprehended, or order him to be sent to the common gaol, or house of correction, till the next feffions, or for any lefs time fuch justice fhall think proper, not under seven days *. to be whipt BUT a ftatute, already quoted, 32 Geo. III, c. 45, has in- No woman troduced two other exceptions: the one is, that no female, convicted of being a rogue, vagabond, or incorrigible rogue, before any juftice, or at the feffions, fhall be whipped in any $6. 17TH, C. 5, cafe whatever the other is, that no perfon fhall be fo GEO. IL, whipped or imprisoned, who fhall not have committed an VAGRANT act of vagrancy within the true intent and meaning of the act 17 Geo. II, c. 5, and been convicted thereof. ACT. Seffions far THUS, then, any one justice or magiftrate, under these statutes, may punish rogues and vagabonds, either by whipping, or by imprisonment until the next general feffions; or for a fhorter period. Commitments, under this act, are in execution. WHEN offenders are, as already mentioned, committed ther punish. till the next feffions, the juftices at the feffions may further order the rogue and vagabond to be detained in the house of of rogues. correction to hard labour for any time not exceeding fix Punishment Of incorri months. OR, if he be an incorrigible rogue, for a further time not gible rogues exceeding two years, nor less than fix months; and, during his confinement, to be whipped at such times and places as they fhall judge fit. The offender, if a male above twelve years of age, may be sent to his majesty's fervice by fea or land c. By the 13 and 14 Charles II, c. 12, § 23, the juftices, in feffions, may transport such rogues, vagabonds, and sturdy ation. beggars, as shall be duly convicted and adjudged to be incorrigible. Transport THE ftatute contains alfo various directions concerning the conveving of rogues and vagabonds to their proper parifhd. Which regulations being found infufficient, it was |