Vagrancy Act 1835 No 11a (NSW)

1835. C) GUL. IV. No. (5. 631

Vagrancy.

No. VI.

An Act for tlie prevention of Vagrancy and for the punisliment of idle and disorderly Per­ sons Pogues and Vagabonds and incorrigible Rogues in the Colony of New South Wales. [25̂ ̂August, 1835.] V agrancy.

rilE R E A S it is expedient to make provision for the prevention

V t of Vagrancy and for tlie punishment of idle and disord('rly

persons and rogues and vagabonds in this Colony Be it therefore rorsong transported district or place where such person shall intend to reside and notify to the said Police Magistrate or d ustices his or her intended plac( ̂ of residence and shall also in like manner notify to the said Police Magis­ trate or Justices every change of residence whi(di he or she shall make within tlie said district or place within one week after making the same and shall also in the event of any change of riisidence to any other dis­ trict or place in like manner and within the like time notify siudi change both to the Petty Sessions of the district or place from which he or she shall remove and also to the Petty Sessions of the district or place to which he or she shall remove and the Clerk of every such Petty Sessions shall register the name descrijdion and residence of every such person and every change of residence so notified as aforesaid in a book to he kept hy him for the purpose and shall also deliver to evex’y such person if required a certificate signed hy him of the particulars of such regis­ tration Avithont fee or reward ProAuded ahvays that if any such person shall intend to reside in any place for Avhich no Petty Sessions are appointed every such person shall notify his or her residence or removal to the nearest Justice of the Peace within the tinu' aforesaid to he hy him registered and certified as aforesaid.

enacted hy His Excellency tlie Governor of New South Wahss ‘‘"‘I

by and with the advice of the Legislative Council Tliat every any'capTtai mUrL

person who having h(;en transported to this Colony shall he

convicted therein of any capital or transportable olfence or who ot ai)ode with the

shall at the passing of this Act he under second sentfmee for any

such offence shall at or tvitliin oue week after olttaining his

or her freedom according to Law personally appear before tlu;

2.                 And he it further enacted That every person Avho haAuug rergons committing

been transported to this Colony and haAdng been also convicted therein

of any capital or transportable offence shall not Avithin the t i m e	and to be
hereinbefore prescribed for that purpose notify to the Police jMagistratc	accord-
or the .1 ustices of the Petty Sessions or nearest Justice Avhorc there are no Petty Sessions his or her intended place of residence or shall not AAothin the same time notify any chaxige of residence in manner herein- hcforc prescribed and CÂ ery such person Avho liaAong been duly sum­ moned hy any Justice of the Peace to appear before him or any otluu* Justice of the Peace to give an account of his or her means of support shall fail to appear at the time and place appointed for that purpose Avithout any laAvful excuse being shcAvn to the satisfaction of the Justice before Avhom such person shall he summoned to appear and every person Avho having no A'isihle lawful means of support or insufficient lawful means shall not being thereto required hy any Justice of the P(;ace give a good account thereof to the satisfaction of siujh Justice and every person not being a black native or the child of any black native Avho being found lodging or Avandering in company a\ ith any of the black natives of this Colony shall not being thereto required hy

any

632 JS'o. 6. 6̂ GUL. IV. 1835.

Vagrancy.

any Justice of the Peace give a good account to the satisfaction of such Justice that he or she hath a lawful lixed place of residence in this Colony and lawful means of support and that such lodging- or wander­ ing hath been for some temporary and lawful occasion only and hath not continued beyond sucli occasion and every common prostitute Avandering in any street or public higlnvay or being in any place of puldic resort Avho shall hehaA C in a riotous or indecent manner and GA'cry habitual drunkard liaAing been thrice couA'icted of drunken­ ness Avitliin the preceding tAvelve months aa’Iio in any street or public higiiAvay or l)eing in any place of public resort shall hehaA'e in a riotous or indc'cent manner and the holder of CA cry house Avhich shall he frequented hy reputed thieves or persons Avho have no A'isihle laAvful means of supj)ort and every person found in any such house in company witli such reputed thieves or persons avI io shall not being thereto required hy any Justice gh e a good account to the satisfaction of such Justice of his or her laAA'ful means of support and also of being in such house upon some lawful occasion and every person Avandering abroad or placing himself or herself in any public place street high- Avay court or passage to hog or gather alms or causing or procuring or encouraging any child or children so to do shall he deemed an idle and disorderly person Avithin the true intent and meaning of this Act and it shall he laAvful for any Justice of the Peace to commit siudi offender (being thereof convicted before him by his OAvn vicAV or hy the confession of such offender or hy the evidence on oath of one or more credible Avitness or Avitnesses) to His Majesty’s nearest gaol or hoAise of correction there to he kept to hard labor for any time not exceeding three calendar months.

Persons committing 3. And he it further enacted That every person committing

decmoVrogiiĉ ^̂ otfciices hereinbefore mentioned after having been before vag.U)onas and to ije coiivictcd as ail idle and disorderly jterson all persons going about as

gatherers of alms under false pretence of loss hy tire or by other casualty or as collectors under any false pretence and all persons imposing or endeavouring to impose upon any charitable institution or private individual hy any false and fraudulent representation either verbally or in Avriting Avith a \ieAV to obtain money or some other lienefit or advantage every person Avilfully exposing to vicAv in any street road higliAvay or public place any obscene print picture or other indecent exhibition ei'ery person Avilfully and obscenely exposing his or her person in any street road or public higliAvay or in the A'iew thereof or in any place of public resort every person playing or betting at any idnlaAA'ful game every person playing or betting in any strc'et road higliAvay or other open and public place at or Avith any table or instrument of gaming at any game or pretended game of chance every person having in his or her custody or possession any picklock key cr(JAV jack hit or other implement Avith intent feloniously to break int,o any dwelling-house Avarehouse coach-house stable or out-building or being armed Avith any gun pistol hanger cutlass bludgeon or other oflensiA'C weapon or haA'ing upon him or her any instrument Avith intent to commit any felonious act e\'ery person being found in or upon any dwelling-house Avarehouse (-oach-house stable or out-house or in any inclosed yard garden or area for any unlawful purpose every suspect(xl person or reputed thief frequenting any river canal or naA i- gahle stream dock or basin or any quay Avharf or Avarehouse iiear or adjoining thereto or any street higliAvay or aA cnue leading thereto or any place of public resort or any avenue leading thereto or any street liighAvav or lAlace adjacent Avitli intent to commit felonv and everv ])orson appreliended 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

1835. 6̂ GUL. IV. No. G. 633

Yacjranc]).

have been so apprehended shall he deemed a rogue and vagabond within the true intent and meaning of this Act and it shall he lawful for any Justice of the Peace to commit such ofiendcr (being thereof convicted before him hy the confession of such olFender or hy the evidence on oath of one or more credible witness or witnesses) to His Majesty’s nearest gaol or liouse of correction there to he kept to hard labor for any time not exceeding six calendar months and every such picklock key croAV jack hit and other implement and every such gun pistol hanger cutlass bludgeon or other offensive weapon and every such instrument as aforesaid shall hy conviction of the olfender become forfeited to the King’s Majesty.

4. And he it further enacted That every person who shall break Persons eonimitUng or escape out of any place of legal conllnement before the expiration JjeemeVincmT?g!bie° of the term for which he or she shall have been committed or ordered rogues and to be

offence shall be committed and every such offender who shall be so committed as aforesaid shall be there kept to hard labor during the period of his or her imprisonment.

to be confined by virtue of this Act every person committing any offence aecord-

against this Act which shall subject him or her to he dealt with as a °

rogue and vagabond such person having been at some former time ad­

judged 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 apprche}iding him or her and being subsequently con­

victed of the offence for Avhich he or she shall have been so apprehended

shall be deemed an incorrigible rogue within tin; true intent and mean­

ing of this Act and it shall be lawful for any Justice of the Peace

to commit such offender (being thereof convicted before him by the

confession of such offender or by the evidence on oath of one or more

credible witness or witnesses) to His Majesty’s nearest gaol or house

of correction there to rejnain until the next Quarter Sessions of the

5. And be it further enacted That it shall be lawful for any Any person may ap-

person whatsoever to apprehend any })crson who shall be found offend- undlTr tWa

ing 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 hereinbefore directed or to deliver him or her to any constable or otlier peace officer of the place rvhere he or she shall have been appre- Penalty on con-

hended 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 apprebend and to convey before some Jnstice of the Peace any person that he shall find offending against this Act it shall be deemed a neglect of duty in such constable or other peace officer and he shall on conviction be punished in such manner as is hereinafter directed.

G. And be it further enacted That it shall be lawful for any .Tnsticcs on informa-

Justicc of the Peace upon oath being made before him that any person )4Ttsto'’appirĥ^̂^̂ ̂ hath committed or is suspected to have committed any offence against offemiers ami sus- this Act to issue his warrant to apprehend and bring before him or

some other Justice of the Peace the person so charged to be dealt with

as is directed by this Act.

7. And be it further enacted That it shall be laAvful for any All offenders against

constable peace officer or other person apprehending any person searched ami'trunks

charged with being an idle and disorderly person or a rogue

&c. to be

vagabond or an incorrigible rogue to take any horse or other cattle or goods in the possession or use of such person and to take and convey the same as well as such person before such Justice of the Peace and for every Justice of the Peace by whom any jjerson shall be adjudged to be an idle and disorderly person or a rogue and vagabond or an incorrigible rogue to order that such offender shall be searched and

4 L that

634 No. 6. C3« GUL. IV. 1835.

Vagrancy.

that his or her trunks boxes bundles parcels or packages shall be inspected in the presence of the said Justice and of liim or her and also that any cart or other vehicle which may have been found in his or her possession or use shall he searched in his or her presence and it

Effects found upon	shall he lawful for the said Justice to order that any money which
this Act to he sold	may he then found with or upon such offender shall be paid and
and the proceeds
applied towards	applied for and towards the expense of apprehending and conveying

offenders against

defraj'ing the exto the gaol or house of correction and maintaining such offender during

pense of appieiiend- the time for wliich lio Or she shall ha ̂e been committed and if upon

int? and maintaining - - - - - - - - - ^ -

&c.	'such search money sufficient for the purposes aforesaid he not found
it shall he lawful for such Justice to order that a part or if necessary the whole of sucli other effects then found shall he sold and that the produce of such sale shall he paid and applied as aforesaid and also that the overplus of such money or effects after deducting the charges of such sale shall he returned to the said offender,

p e r s o n ? b y f u r t h e r enacted Tliat when any Justiee as afore-

Lances to prosecute Said sliall coiumit any such incorrigible rogue to any gaol or house

to incorrigible rogues of correction there to remain till the next Quarter Sessions or when

and such other	any such idle and disorderly person rogue and vagabond or incorrigible
offenders as may
appeal before the	rogue shall give notice of his or her intention to appeal against the
next Quarter Ses­	conviction of liim or her and shall enter into recognizance as herein­
sions.	after directed to prosecute such appeal such Justice shall require the person hy wliom such offender shall lie apprehended and the person or persons whose evidence shall appear to him to he material to prove the offence and to support such conviction to become hound in recogni­ zance to His Majesty His Heirs and Successors to appear at the said Quarter Sessions to give evidence against such offender touching such offence and in case any such person or persons as aforesaid shall refuse to enter into such recognizance it shall he lawful for such Justice to commit such person or persons so refusing to the common gaol there to remain until he she or they shall enter into such recog­ nizance or shall he otherwise discharged hy due course of law.
Power of Sessions to

detain and keep to 9. And he it further enacted That when any incorrigible

liard labor and	rogue shall have been committed to any gaol or house of correction
punish by wlujtping
incorrigible rogues.	there to remain until the next Quarter Sessions it shall he lawful for the Justices of the Peace there assembled to examine into the circumstances of the case and to order if they think fit that such offender he further imprisoned therein and he kept to hard labor for any time not exceeding one year from the time of making such order and to order furtiier if they think fit that such offender (not being a female) he pbinished hy whipping at such time during his imprison­ ment and at such place as according to the nature of the offence they in their discretion shall deem to he expedient.

Penalties on officers 10. And he it further enacted That in case any constable or

dumTandon pireons ot peaco officoi’ shall ncgfoct his duty in any thing required of him peace officer or other person in the execution of this Act or shall he aiding abetting or assisting in so doing and shall thereof he convicted upon the oatli of one or more credible witness or witnesses before one or more Justice or Justices of the Peace every such offender shall for every such offence* forfeit any sum not exceeding five pounds as tlie said Justice or Justices shall in his or their discretion award and in case such offender shall neglect or refuse forthwith to pay such sum so forfeited it shall he lawful to and for such Justice or Justices to commit the person so offending to His Majesty’s nearest gaol or house of correction there to he kept for any time not exceeding three calendar months or until such fine he paid.

obstructing officers	’	■	"■	hy this Act or in case any person sliall disturb or hinder any constable
therein.

Lodging-houses Ac. ................... 11. And he it further enacted That it shall he lawful for any

suspected to conceal

E'derra^uinstthis Justicc of the Pcacc upoii information on oath before him made that Act may be seavched ^ny person hereinbefore described to he an idle and disorderly person

1835. (5« GUL. IV. No. C). 635

Vagrancy.

ov a rogue and vagabond or an incorrigible rogue is or is reasonably ami susrccted p r-

suspected to be barboured or concealed in any house kept or purporting

to be kept for tlie reception lodging or entertainment of travellers or

others by ivarrant under bis band and seal to authorize any constable

or other jicrson or persons to enter at any time into such bouse and to

apprebend and bring before him or any other Justice of the Peace

every such idle and disorderly person rogue and vagabond and incor­

rigible rogue as shall lie found therein to be dealt with in the manner

hereinbefore directed.

12. And be it further enacted That any person aggrieved by rersons aggiioved

any act or determination of any Justicc or Justices of the Peace

calaiter'scs-

appeal to the next Quarter Sessions which shall be held for the

district or place Avhercin or miarest to where such offence shall have

been committed giving to the Justice or Justices of the Peace whose

act or determination shall he appealed against notice in writing of

such appeal and of the ground thereof within seven days after

such act or determination and before the next Quarter Sessions and

entering within such seven days into a recognizance with sufficient

surety before a Justicc of the Pcacc for tlie district or place in

which such person shall have been convicted personally to appear

and prosecute such appeal and upon such notice being given and such

recognizance being entered into such Justice is hereby empowered to

discharge such person out of custody and the Court at such Quarter

out of Sessions in or concerning the execution of this Act may slims, make such order therein as shall to the said Court seem meet and in case of the dismissal of the appeal or the affirmance of the conviction shall issue the necessary ]iroccss for the apprehension and punishment of the offender according to the conviction.

13. And be it further enacted That no proceeding to be had

betore any Justice or Justices ot the Peace under the provisions ot âiity ami form of

this Act shall be quashed for want of form and every conviction of couvicUon.

any offender as an idle and disorderly person or as a rogue and

vagahond or as an incorrigible rogue under this Act shall be in tlie

form and to the effect following or as near thereto as circumstances

will permit (that is to say)

e

rp ^ ) Bi-: it remembered that on the day ol‘

^ j A. D. 183 at in the Colony of New South Wales

A. E. is convicted before me C. D. one of His Majesty’s Justices of the Peaco in and for the said Colony of being an idle and disorderly ])erson (or a rogue and vagalmid or an incorrigible rogue) within the intent and meaning of the Act in Council made in the sixth year of the reign of His Majesty King MMliam the Pourth intituled “ An A ct

fo r the prevention of Vagrancy and fo r the imnishmcnt “ o f idle and disorderly ^Persons Hogues and Vagabonds “ and incorrigible Hogues hi, the Colony o f Neic Soulh “ W ales” that is to say for that the said A. B. on the

day of at in the said Colony [here

stale the ojfence proved before the Magistrate^ and for which said offence the said A. B. is ordered to bo com­ mitted to Ilis Majesty’s gaol at [or house o f correction] there to be kept to hard labor for the space

of for until the next Quarter Sessions).

Given under my hand the day year and at the place

first above UTitten.

And the Justice or Justices of the Peace before ivhom any sucb con-Conviction to be fiimi victioii shall take place shall and he and they is and are hereby pL’̂ copiVth'c.eof*'' required to transmit the said conviction to the Clerk of the Bench of to be evidence ami

the

636 No. 7. 6° GUL. IV. 1835.

Harbours.

returns thereof made the district 01’ placo ivliereiii or nearest to whicli sucli conviction shall

conrlctiour liave taken place to be by him filed and kept on record and a copy of the conviction so filed duly certified by the said Clerk of the Bench shall and may he read as evidence in any Court of Record or before any Justice or Justices of the Peace acting under the poiver and provisions of this Act And such and the like returns of such con­ victions shall he made and inserted in the general returns of all pro­ ceedings and convictions had before any Justice or Justices of the Peace and be transmitted to such office in such and the like manner as .in and by any Law or Ordinance now in force or which may here­ after be made respecting the same is or are required.

Justices &c. to have 14. And be it further enacted That in all cases where an action

ment̂ rhiVieir”*̂ ’̂ shall be brought against any Justice of the Peace constable or

favour. other person for or on account of any matter or thing whatsoever

done or committed by him in the execution of his duty or office under this Act such Justice constable or other person if he shall have judg­ ment in his favour shall have treble costs awarded to him by the Court unless the Judge shall certify that there was a reasonable cause for such action.

Limitation of action.	15. And be it further enacted That cvory sucli action shall be commenced within three calendar months after the cause of action or complaint shall have arisen and not afterwards and if any person or persons shall be sued for any matter or thing which he she or tla^y shall have done in the execution of this Act he she or they may plead the general issue and give the special matter in evidence.
Appropriation of
finet.	IG. And be it further enacted That the monies arising from the fines penalties and forfeitures imposed by this Act shall when recovercal be applied and disposed of in manner hereinafter mentioned that is to say such part thereof as the said Justice or Justices shall in their discretion think fit in payment and discharge of any reasonable expenses that may have been incurred by any ])erson by reason of the prosecution of the offence for which any such fine penalty or forfeiture shall have become payable and the residue thereof to the person or persons who shall inform and sue for the same as the said Justice or Justices may direct.