$ 6. GEO. II, 17T, C. 5: ACT. rogues, by 32 Geo. III, c. 45. afterwards enacted, that the juftices in feffions may order that all rogues and vagabonds, apprehended within their li berties, and ordered to be conveyed by pafs, fhall be convey- VAGRANT ed by the mafter of the houfe of correction, or his fervants, or by a conftable, as they fhall think proper; and they may Conveying make an order, that all constables, to whom rogues and vagabonds, brought from another county, are delivered, fhall forthwith convey them to the nearest houfe of correction within their liberty, to be afterwards removed by fuch mafter or his fervants. And another ftatute, which recites, that poor perfons are often paffed to their fettlements during fickness, to the danger of their lives, for remedy thereof, enacts, that in cafe any poor perfon fhall be brought before a juftice, for the purpose of being paffed by a vagrant pass, and it shall appear to fuch justice that such poor person is unable to travel by reafon of fickness or infirmity, or that it would be dangerous for fuch perfon fo to do, the justice power of fu pending granting fuch pass may fufpend the execution thereof until the conveyhe be fatisfied that it may be executed without danger; ing. which fufpenfion of, and fubfequent permiffion to execute the fame, fhall be indorsed thereon, and figned by such justice. And by the ftatute already mentioned, juftices in feffions are authorized to limit what rates and allowances, by the mile or otherwife, fhall be made for maintaining or conveying rogues, vagabonds, or incorrigible rogues, and make fuch other orders for the more regular proceeding therein as they shall think proper. AND if any petty constable shall bring to any high confable fuch certificate as aforefaid, together with a receipt or note from the conftable to whom the perfon was delivered, the faid high conftable fhall pay the rates afcertained by such 32 Geo. III, c. 45, § 5. as Geo. III, c. 101. € 32 Geo. III, c. 45, § 6. Fa In cafe of fickness, § 6. GEO. II, ACT. certificate, taking the petty conftable's receipt; the high 17TH, C. 5, constable to be allowed the fame by the treasurer on paffing VAGRANT his accounts, on his delivering up such certificate and receipt, and giving his own receipt for the fame to fuch treafurer; the fame to be allowed the treasurer in his accounts, on his delivering up the vouchers aforefaid. And if the high constable shall refuse or neglect to pay the fame on deOne juftice, mand, it fhall be lawful for one juftice,, by his warrant, to "levy double the fum by distress, and thereout to allow the What is to be done ried to the petty constable the fum ascertained by the certificate," and fuch other recompence for his trouble, lofs of time, and expences, as the judge shall think fit; the overplus to be returned to the constable, on demand. And in cities, towns corporate, and other places, where there is no high conftable, the petty constable shall be allowed what he shall so pay purfuant to fuch certificate, in his accounts, on delivering up fuch vouchers: or if any master of a house of correction shall deliver fuch certificate and receipt to the treasurer, the treasurer shall pay the fame to him, taking his receipt for the fame, and be allowed the fame in his vouchers. AND by the 26 Geo. II, c. 34, where the high constable hath not money in his hands fufficient to answer the faid expences, the treasurer shall pay the fame to fuch petty constable on his producing the certificate, and fuch other vouchers, as aforefaid. WHAT is to be done with fuch offender at the place to with them which he is fent, is stated very diftinctly in claufes 11 and when car 19; the cafe of Scottish and Irish vagrants in England, in place of re- claufes 13 and 14; with respect to lunatic vagrants, in claufe 20; the penalty for lodging vagrants, in § 23 d; for hindering the execution of the vagrant act in § 22. moval. $ 6. CEO. II, 17TH, C. 5, In order to defray the expences neceffary for the execution of the vagrant act, it empowers the juftices in feffions to caufe fuch fums as shall be neceffary to be raised in the VAGRANT fame manner as the general county rate. In Scotland, the expence will be defrayed out of, what is called, the rogue executing money. ACT. Expence of the act how defrayed? Br claufe 26th, it is provided, that any perfon aggrieved Appeal, by any act of any juftice out of feffions, in or concerning the execution of this act, may appeal to the next general or quarter-feffions of the county, liberty, riding, or division, giving reasonable notice thereof; whose order thereupon fhall be final. By perfons aggrieved, are understood such persons as are by the feveral clauses of the act made subject to punishment and penalties. It was determined, therefore, by the court of king's bench, that an appeal does not lie to a parish against a vagrant pafs. The only way such parish has of obtaining redress, is by obtaining an original order of two juftices to remove the vagrant to the place where he fhould be fent. * § 33, Appendix 1, p. clxxx. Lawrence Jewry. Burn, tit. Vag- с § 11, Appendix I. CHAP. IV. Of that Jurisdiction which respects the Health, Safety, and Con I venience, of the Public. THE HE general ftatutes a exprefsly commit to justices of "vernance in time of the plague." An old ftatute has prefcribed certain rules to be obferved on fuch occafions; with refpect to fhutting up infected perfons in their houses, or affigning them fome place without the town to reside; and providing for the support of those who "had na gudes "to finde themfelf." Juftices of peace had jurisdiction in this matter under British ftatutes likewife. The leading one was 28th Geo. II, c. 6; which, however, was varied a Appendix I, p. xxxvii. b 1457, James II, parl. 13, c. 57. It may be noticed as curious, in the phatcology of this ftatute, that, with out speaking of the king and parliament, it begins, "the clergie thinks,” &c. The reason is, that this, as an affair to be governed by Christian charity, was referred to the regulation of the clergy; and it was usual in our acts of parliament to set down the report, without drawing it into the formality of an act of parliament. See 1483, James III, parl. 13, c. 90, 91. Sir Geo. Mackenzie's Obfervations, p. 51. by fo many other enactments, that it was judged expedient to repeal the whole of them, and put this branch of the law into one act. This ftatute 39 and 40 Geo. III, cap. 80, was afterwards repealed by the 45th Geo. III, c. 10, which contains the whole law concerning this fubject. council. THE regulating the occafions when, and, till the erection King, and of a lazaret at Chetney hill, the places where, quarantine is privy to be performed, is committed to the king and privy council, whofe orders are to be published as directed by the ftatute. THE erection of lazarets, and other expences, which fome former ftatutes had defrayed by an affefiment on the counfits, this statute more reasonably lays upon the fhips which perform quarantine. Under certain exceptious, each fhip, in that predicament, pays fo much per ton, and double duty if it arrives without a clean bill of health d. This duty must be paid before the veffel is cleared out. The veffelf and the goods liable to quarantine are specified. When the plague appears in any veffels, the mafters are directed what steps to take; which vary as the fhip is within or without the straits of Gibraltar. Veffels liable to the performance of quarantine, are directed to hoift a particular fignal when they meet other veffels at fea or come within four miles of the coaft. On the arrival of fhips, in the circumftances defcribed, directions are given for the mafters announcing their arrival, and for making inquiries at the mafters, and compelling them to go to the appointed place'. While the plague is in any part of Great Britain, and fome other countries fpecified, fmall veffels are prohibited from failing, without giving fecurity not to touch at the infected places". Directions are |