No. II. c. 5. founders, shall be duly fitted up, furnished, and supplied with sufficient implements, materials, and furniture for keeping, relieving, setting to work, 17 Geo. II. employing, and correcting all idle and disorderly persons, rogues, vagabonds, incorrigible rogues, and others, who shall be sent to, confined, or continued in the same; and two of the justices of the peace within the respective hundreds, divisions, or jurisdictions, where there shall be any house or houses of correction, or any two justices who shall be appointed at the general or quarter-sessions for that purpose, shall and are hereby required to visit the same twice, or oftner, if need be, in every year, and to examine into the estate and management thereof, and to report the same to the next general or quarter-sessions; to the intent, that if any thing be amiss therein, the same may, by order of such general or quarter-sessions, be reformed and amended; and the said justices, at their respective general or quartersessions, shall have the like power and authority over the houses of correction to be erected or purchased by virtue of this Act, as they have by virtue of any law now in force, over those already erected and provided; and further, that if the said governors or masters of the said houses of cor- Masters of rection shall not set or keep the said idle and disorderly persons, rogues, houses of corvagabonds, or incorrigible rogues to hard labour, and punish and correct rection to be them according to the directions of the warrants or orders by which they fined for misshall be committed to, or detained in their custody, or shall otherwise behaviour, misbehave themselves, or be defective, remiss, or negligent in their duty; the said justices, at their said general or quarter-sessions, are hereby required to set and impose such fines and penalties upon them, as they shall think fit and convenient, in the same manner as fines and penalties may be set and imposed on governors or masters of houses of correction, for the neglect therein mentioned, by an Act of Parliament passed in the seventh year of the reign of King James the First, intituled, An Act for the due 7 Jac. 1 c. 4. execution of divers laws and statutes heretofore made against rogues, vagabonds, and sturdy beggars, and other lewd and idle persons; which fines and penalties shall be paid to the treasurer of the county, riding, liberty, or division, and shall be accounted for by him as part of the publick or county stock; and the said justices, at their respective general or quarter-sessions, may from time to time appoint and remove the governor or governors, master or masters, or other officers of such houses of correction, and make such orders and regulations as they shall think fit, for the better governing and regulating of the said houses of correction, and for employing, relieving, and punishing the persons therein, or for sending them to or from thence, according to the true intent and meaning of this Act; which said order or orders of such justices shall be final to all intents and purposes, and no certiorari shall be granted for the removal of the same: And in case the person or persons removed by order of any general or quarter- at the discresessions, shall refuse or neglect to quit the possession of such house of tion of the juscorrection, from whence he or they are ordered to be removed, for the tices. space of ten days next after notice given him or them in writing by the clerk of the peace; it shall and may be lawful to and for any two or more justices of the peace of the same county, riding, division, or place (upon producing to them such order of sessions, or an attested copy thereof, and upon oath made before them by one or more credible witness or witnesses, of such notice having been given to the person or persons so removed, and of his or their having refused or neglected to quit possession) by warrant under their hands and seals, to direct the sheriff of the same county, riding, division, or place, to remove him or them out of such house of correction, and is hereby authorized and required to clear the possession thereof, in like manner as upon a writ of habere facias possessionem. с XXXII. And whereas doubts have arisen, and may arise, where authority is given to any justice or justices of the peace, to commit offenders to the house of correction for offences cognizable before them, out of the general or quarter-sessions of the peace, how long offenders may be 'there detained, and in what manner treated, where the time and manner or turned out of their punishment is not by law expressly directed, limited, or ap- Power of jus'pointed; Be it therefore enacted by the authority aforesaid, That where tices in comany offenders shall be committed as aforesaid, by virtue of any law now in mitting offenders. U 2 No. II. 17 Geo. II. c. 5. Justices to raise money to defray all expences by rates, as directed by 12 Geo. 2. c. 29. Treble costs. being, or hereafter to be made, and the time and manner of their punishment is not expressly limited, directed, and appointed, the said justice or justices shall commit such offender to the house of correction, there to be kept to hard labour until the next general or quarter-sessions, or until discharged by due course of law; and it shall and may be lawful for two justices (of which the justice who committed such offender to be one) to discharge the said offender before the said sessions, if they see cause; and if he shall not be so discharged, the said sessions may either discharge him, or continue him in custody for such time as they shall see fit, not exceeding three months. XXXIII. And to defray the expences of apprehending, passing, conveying, and maintaining rogues, vagabonds, and incorrigible rogues, and likewise the expences of erecting, purchasing, hiring, enlarging, altering, and repairing houses of correction, and of purchasing land to erect them upon, and for backsides and outlets, and of fitting up and furnishing such houses of correction, and of sending persons to and from the same, and employing them there, according to the directions of this Act, and for defraying all other expences necessary for the execution of this Act, not hereinbefore provided for; Be it further enacted by the authority aforesaid, That the justices of the peace at the general or quarter-sessions, may and shall cause such sums of money as shall be necessary for all or any of the purposes aforesaid, to be raised in the same manner as rates are directed to be raised by an Act made in the twelfth year of the reign of his present Majesty, intituled, An Act for the more easy assessing, collecting, and levying of County Rates. XXXIV. And be it further enacted by the authority aforesaid, That if any person or persons shall be sued for any matter or thing which he or General issue. they shall do in execution of this Act, he or they may plead the general issue, and give the special matter in evidence; and if a verdict shall pass for the defendant, or the plaintiff shall be nonsuited, or discontinue his suit, the defendant may recover treble costs; and that this Act shall be deemed to commence from the first day of June one thousand seven hundred and forty-four; and from that time an Act made in the thirteenth year of the reign of his present Majesty, intituled, An Act for amending c.24, repealed. and enforcing the Laws relating to Rogues, Vagabonds, and other idle and disorderly Persons, and for reducing the same into one Act of Parliament; and also for amending the Laws for erecting, providing, and regulating Houses of Correction, shail be, and is hereby repealed; but all the Acts therein mentioned to be repealed, are hereby declared to be repealed, and continue repealed. Act 13 Geo. 2. P. No. III. 25 Geo. II. c. 36. Justices may examine on oath rogues, vagabonds and [No. III.] 25 George II. c. 36-An Act for the better preventing Thefts and Robberies, and for regulating Places of Public Entertainment, and punishing Persons keeping disorderly Houses. * [At length, Pt. V. Cl. XXII. No. X.] XII. AND for the better discovering and bringing to justice thieves, robbers, and other persons maintaining themselves by pilfering and defrauding mankind: Be it enacted by the authority aforesaid, That it shall and may be lawful to and for any two or more of his Majesty's justices of the peace, in any county, city or liberty, in case any person apprehended upon any general privy search, or by virtue of any special warrant, shall be charged before them with being a rogue and vagabond, or an idle and disorderly person, or with suspicion of felony (although no direct proof be then made thereof), to examine such person upon oath, not only as to derly persons; the parish or place where he was last legally settled, but also as to his means of livelihood; the substance of which examination shall be put into writing, and be subscribed or signed by the person so examined; and the said justices shall likewise sign the same, and transmit it to the next gene other disor No. III. 25 Geo. II. c. 36. the examination to be transmitted to the sessions. ral or quarter-sessions of the peace to be holden for the same county, city or liberty there to be filed, and to be kept on record: And if such person shall not make it appear to such justices, that he has a lawful way of getting his livelihood, or shall not procure some responsible housekeeper to appear to his character, and to give security for his appearance before such justices at some other day to be fixed for that purpose (in case the same shall be required) to commit such person to some prison or house of correction, for any time not exceeding six days; and in the mean time to order the overseers of the poor, or one of them, of the parish or place in which such person shall be apprehended, to insert an advertisement in some public paper, describing such suspicious person, and any thing or things factory acwhich shall have been found upon him, or in his custody, and which he count, &c. to shall be suspected not to have come honestly by, and mentioning the place be committed, to which such person is committed, and specifying the time and place when and an adverand where such person is to be again brought before them to be re-exa- tisement to be mined; and if no accusation shall be then laid against him, then such person shall be discharged, or otherwise dealt with according to law. Person not giving a satis published describing his person, and the things found [No. IV.] 26 George II. c. 34.-An Act to explain, amend on him. and continue several Laws more effectually to prevent the spreading of the Distemper which now rages amongst the horned Cattle in this Kingdom; for the more effectual paying the Expences of passing Vagrants, for obviating Doubts that may arise touching the keeping of Prisoners, until the Prison of the Marshalsea of the Court of King's Bench shall be rebuilt or repaired; and for amending so much of the Act of the twenty-fourth of his present Majesty for regulating the commencement of the Year, and for correcting the Calendar now in Use, as relates to the Time of electing public Officers of the City of Chester. II. AND whereas by an Act made in the seventeenth year of the reign of his present Majesty, intituled, An Act to amend and make more effectual the Laws relating to Rogues, Vagabonds and other idle and disorderly Persons, and to Houses of Correction; it is enacted, That all rogues, vaga'bonds and incorrigible rogues sent by passes from one county, riding, division, corporation or franchise, into any, other county, riding, division, 17 Geo. 2. c. 5. corporation or franchise, shall be delivered to the constable or other such 'officer of the first town, parish or place in the next county, riding, divi'sion, corporation or franchise, to be by him conveyed forward in such manner as by the said Act is directed; and that the allowances to be made to the constables and other such officers for the conveying of such rogues, vagabonds, and incorrigible rogues, shall be paid by the high or chief constables, and that such high or chief constables shall be allowed the same by the treasurer of the respective county, riding, liberty, division, cor'poration or franchise, on his passing his accounts: And whereas it frequently happens that the high or chief constables have not a sum of mo . No. IV. 26 Geo. II. c. 34. ney in their hands sufficient to answer the said expences; Be it therefore Vagrants passenacted by the authority aforesaid, That all rogues, vagabonds, and incor- ed from one rigible rogues sent by passes from one county, riding, division, corporation county to anoor franchise, into any other county, riding, division, corporation or fran- ther, Low to chise, shall be delivered to the constable or other such officer of the first be conveyed. town, parish or place in the next county, riding, division, corporation or franchise, and shall be by such constable or other such officer conveyed forward in the manner by the said Act directed and prescribed, and not otherwise; and that it shall and may be lawful for the treasurer of each county, riding, division, corporation or franchise, and he is hereby required to pay to such constable or other officer the charges of conveying such rogues, vagabonds, and incorrigible rogues, upon such constable or other officer producing to him the certificate and such other vouchers as are re No. IV. quired by the said Act to be delivered to such high or chief constables; 26 Geo. II. and the sums so paid shall be allowed by the justices of the peace to such treasurer in his account, on his producing the vouchers aforesaid, together with the receipt of the said constable; any thing in the said Act contained to the contrary notwithstanding. c. 34. No. V. 23 Geo. III. c. 88. Every person apprehended [No. V.] 23 George III. c. 88.-An Act to extend the Provisions of an Act, intituled, An Act to amend and make more effectual the Laws relating to Rogues, Vagabonds, and other idle and disorderly Persons, and to Houses of Correction, and to certain Cases not therein mentioned. WHEREAS divers ill-disposed persons are frequently apprehended, having upon them implements for housebreaking, or offensive weapons, or are found in or upon houses, warehouses, stables, or out-houses, areas of houses, coach-houses, inclosed yards or gardens belonging to houses, 'with intent to commit felonies; and although their evil purposes are thereby manifested, the power of his Majesty's justices of the peace to ' demand of them sureties for their good behaviour, hath not been of suf'ficient effect to prevent them from carrying their evil purposes into exe'cution;' be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That if any person or persons shall, after the first day of August one thousand seven hundred and eighty-three, be apprehended (1) having fensive weaupon him, her, or them, any picklock key, crow, jack, bit, or other implepon, with fement, with an intent feloniously to break and enter into any dwelling-house, lonious intent, warehouse, coach-house, stable, or outhouse; or shall have upon him, her, shall be deem- or them any pistol, hanger, cutlass, bludgeon, or other offensive weapon, ed a rogue, with intent feloniously to assault any person or persons; or shall be found in or upon any dwelling-house, warehouse, coach-house, stable, or out17 G. 2. c. 5. house, or in any inclosed yard or garden, or area belonging to any house, with an intent to steal any goods or chattels; every such person or persons shall be deemed a rogue and vagabond, within the intent and meaning of the statute made in the seventeenth year of his late Majesty King George the Second, intituled, An Act to amend and make more effectual the Laws relating to Rogues, Vagabonds, and other idle and disorderly Persons, and to Houses of Correction. having any implement for housebreak ing, or any of &c. within No. VI. 32 Geo. III. c. 45. Preamble. 17 G. 2. c. 5. recited. (1) The Act only applies if the person had the implements upon him when apprehended; R. v. Brown, 8 T. R. 26. [No. VI.] 32 George III. c. 45.-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, and other idle and disorderly Persons, and to Houses of Correction. WHEREAS great abuses are committed in conveying, from one place to another by passes, persons who are not rogues or vagabonds, or in conveying such persons who are rogues and vagabonds, without complying with the directions of the Act passed 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, and other idle and disorderly Persons, and to Houses of Correction; which said Act 'directs, that such persons only shall be conveyed by a pass, under the ⚫ hand and seal of a justice of peace, who have been first publickly whipt 'or confined in the house of correction: And whereas the said Act, in other respects, requires to be amended;' may it therefore please your No. VI. c. 4.5. Majesty that it may be enacted, and be it enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual 32 Geo. III. and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That when any justice of the peace shall order to be conveyed by a pass, under his hand and seal, any rogue or vagabond, according to the provisions of the said Act, such rogue or vagabond shall Rogues or vabe either publickly whipt, or be sent to the house of correction, there to gabonds orderremain until the next general or quarter sessions, or for any such less time ed to be conas such justice of the peace shall think proper; provided that such less veyed by time shall be at the least for the space of seven days, and that such justice able to the of the peace shall certify, in the pass by which such person shall be ordered recited Act, to to be conveyed, that such person has been actually publickly whipt, or con- be publickly fined in the house of correction for at least the space of seven days; pro- whipt, or convided also, that no person shall be so whipt or imprisoned, and conveyed fined in a by a pass as a rogue or vagabond, who shall not have committed an Act of vagrancy within the true intent and meaning of the said Act, and who shall not have been convicted thereof. passes agree house of cor rection, &c. II. And be it further enacted by the authority aforesaid, That no justice No reward to of the peace shall order any reward to be paid to any constable or other be paid for apperson for apprehending any rogue or vagabond, until such rogue or vaga- prehending bond shall have been punished as hereby directed, and until the examination required by the aforesaid Act be actually transmitted to the next general or quarter sessions, there to be filed and kept on record. rogues or vagabonds, until they shall have been punish ed, &c. No female vagabond to be whipt. Convicts dis III. And be it further enacted by the authority aforesaid, That whenever any female shall be guilty of any offence, for which she shall be convicted as a rogue and a vagabond, or incorrigible rogue, before any justice of the peace, or the court of general or quarter sessions, in no case whatever such justice, or court of general or quarter sessions, shall inflict the punishment of whipping upon such female rogue and vagabond, or incorrigible rogue; any law or statute to the contrary in any wise notwithstanding. IV. And be it further enacted by the authority aforesaid, That any of his Majesty's judges at the assizes, and the justices at the general or quarter charged from sessions, or any justice of the peace, is and are hereby empowered to order, prison, and whenever he or they shall think proper, any convict, upon his discharge persons acfrom prison, to be conveyed by pass under hand and seal, in manner and form directed by the aforesaid Act, and according to the provisions therein contained; and the judge, justices, or justice aforesaid, is or 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 of himself or herself, or by any other person in his or her behalf, apply to the Court whereat he or she has been acquitted or discharged, or to any justice of the peace, to be conveyed as aforesaid; and the judge, justices, or justice aforesaid, shall certify in such pass that the person so conveyed was discharged from prison, or a person acquitted, or otherwise discharged, at the assizes or sessions, as the case may be; and such convict, or person acquitted or discharged, shall pay no fee whatever for such pass. V. And whereas the present mode of conveying vagrants in the custody ' of a constable is frequently insufficient, from the misconduct and negligence of constables;' be it therefore enacted by the authority aforesaid, That the justices of the peace, at the general or quarter sessions held for any county, riding, city, borough, town corporate, division, or liberty, or any adjournment thereof, shall be empowered to make an order that all rogues and vagabonds apprehended in their respective counties, ridings, cities, boroughs, towns corporate, divisions or liberties, and who are ordered to be conveyed by pass, shall be conveyed by the master of the house of correction or his servants, or by a constable, as such justices at the general or quarter sessions, or any adjournment thereof, shall think proper; and such justices shall also be empowered to make an order, if they think proper, that all constables to whom rogues or vagabonds brought from another county, riding, city, borough, town corporate, division, or liberty, are delivered, shall forthwith convey such rogues and vagabonds to the nearest house of correction in their county, riding, city, borough, town corporate quited at assizes, &c. may be conveyed by passes, &c. Justices may order vagrants to be convey. ed by masters of houses of correction, &c. |