Vagrancy Act 1851 No 9a (NSW)
| N t » . | l Y . |
| An A ft for the inor(3 effectual prevention of Vagrancy and for tlie ])unisiinient of idle and disorderly Persons Rogues jiiid Vagaboiids and incorrigible Rogues in tlie (Alony of Aenv South Wales. [Is^ December, 1851.] | VAfJRANCY. |
"^TyilEU EA S it is cxpodient to mulvo more effectual provision for ivc-imbii'.
| ? ¥ | the pi’cvention of vagrancy aird crime and lor tlic ])unis]imcnt |
of idle and disorderly persons rogues and A’agabojids and incorrigible rogues Et! it tlierefore ('iiactcd by His Excellency the ( Jovernor of New South AVales witli the advice and consent of tln̂ Legislative Council tliercof That from and after the passing of tliis Act an Act made and passed in tlie sixth year of tlio reign of His late Majesty King William the Eouidb intituled “ A i / A c t foi- the prevention p/'c, Wm. iv. \... r.
“ V(ujranctj and fo r the piniishwciil o f idto and disordertj/ JVr.s'o;;.s‘
“ Rognefi and Vagabonds and Ineorriglbte Jlogees in the Colong (f A'ew
“ South. TVates’’ shall be and the same is hereby repealed.
2. And be it enacted That every person nho having no visible wint iicrsons siuiii
| lawful means of support or insutflcient lawful means who shall not | “ |
| being thereto required bj" any Justice of tln̂ Peace or who being | ‘ |
| duly summoned for such purpose or wlio shall be brouglit before any Justice in pursuance of tlu; provisions (jf this Act give a good account of his or her means of support to the satisfaction of sucli Justices and every pea-son not being an aboriginal nativi; or the eliild of any aboriginal native who being i'ound lodging or n andering in company with any of the aboriginal natives ol tills Colony shall not lieing tlua-eto rcfjuired by any .Justice of the Eeaee give a good account to |
the
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Vagrancy.
the satisfaction of such Justice that he or she hath a lawful fixed place of residence in this Colony and lawful means of support and that such lodging or wandering hath been for some temporary and lawful occasion only and hath not continued beyond such occasion and every common prostitute wandering in any street or public highway or being in any place of public resort who shall behave in a riotous or indecent manner and every habitual drunkard having been thrice convicted of drunkenness within the prec('ding twelve months who in any street or public highway or being in any place of public resort shall behave in a riotous or indecent manner and the holder of every house which sliall be frequented by reputed thieves or persons who have no visible lawful
| ' | means of support and every person found in any such house in com pany Avith such reputed thie\ cs or persons who shall not being thereto required by any Justice' gh'e a good account to the satisfaction of such Justice of his or her lawful means of support and also of being in such house upon some laevl'id occasion and every person wandering abroad |
| • | or placing himself or lierself in any public place street higliAvay court or passage to beg or gather alms or causing or procuring or encouraging any child or children so to do shall be deemed an idle' or disorelerly person Avithin the true intent and meaning of this Act and it shall be |
| • | laAA'ful for any Justice of the Peace to commit such otfendcr (being thereof convicted before him by his OAvn view or by the confession of such otfende'r or by the evidence' on oath of one or more credible Avitness or Avitnesses) to Her INIajesty’s nearest gaol or house of correc tion there to be kept to hard labor for any time not exceeding tAvo years. |
| Persons committing 3- Aucl bc it cuactcd That cvei'y person committing any of the certain offences to be otfenccs hereinbefore mentioned after havincr been l^efore convicted as | cleemed rogues and | . | i | t | t | i | i n | • | i | j | n |
| vagabonds and to be | idic and (lisordcrlv person and all persons going about as gatherers under false pretence of loss by tire or by other casualty or as col |
| ' | lectors under any false pretence and all persons imposing or endeavour ing to impose iipon any charitable institution or jtrivate individual by |
| ' | any false or frauduleiit represent:ition either A'crbally or in Avriting Avith a vieAv to obtain money or some other benetit or advantage every person AAdlfully exposing to aucaa' in any street road thoroughfare high- Avay or public place or aaI io shall expose or cause to be exposed to public vicAv in tlie AvindoAv or other part of any shop or other building situate in any street road tboroughfare higliAvay or public place any obscene book print pictun'draAving painting or other indecent exhibi tion or representation every person Avilfully and obscenely exposing his or her person in any street road or public higliAvay or in the vicAv thereof or in any plac(' of pidilic resort every person playing or betting at any unlaAvful game every person playing or bedting in any street road highAvay or otlier opc'ii and ]mblic place at or Avith any table or instrument of gaming at any game or pretended game of chance every person having in Ids or her custody or possession any picklock key croAV jack l)it or otlier implement Avith intent feloniously to break into any dAVclling-house Avarebousc coach-house stable or out-liuilding or being armed Avith any gun pistol hanger cutlass bludgeon or other offensive Aveapon or haA’ing upon him or her any instrument with intent to commit any felonious act CAcry person being found in |
| ̂ | or upon any dAvelling-housc warehouse coach-house stable or out- liouse or in any enclosed yard garden or area or being found in and on board any ship or other vessel Avhen lying or being in any port harbour or jilacc Avithin this Colony for any unlaA\‘ful purpose (!vcry suspected jierson or reputed thief frequenting any river canal or navigable stri'am dock or basin or any quay Avharf or Avarchouse near or adjoining thereto or any street higliAAay or avenue leading thereto or any place of public I'csort or any aA'cnuc' leading thereto or :iny street highAvav or place adjacent Avitli intent to commit felony |
a n d
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Vagrancy.
| 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 suhseqmmtly convicted of the offence for which he or slie shall have been so appreliended shall l̂ e deemed a rogue and vagabond within the true intent and meaning of this Act and it shall b(' lawful for any Justice of tlu' Peace to commit sucli offender (being thereof convicted before him bv tlie confessio]i of such offender or hv | t' | * |
tlu; evidence on oath of one or more (;rediblc Avitness or Avitnesses) to ll('r Majesty’s nc'arest gaol or house of correction there to be kept to hard labor tor any time not exceeding tAvo years and every such pick lock key croAV jack bit or other implement and every such gun pistol hangc'r cutlass bludgeon or other otfensive Avcapon and every such instrument as aforesaid shall by tlu' conviction of tlu' oflendcr Ijecome forleitc'd to the Queen’s Majesty.
f. And he it enactecl That any person Avho shall break or escape; Persons committing
out of any place of legal confinemcmt before the expiration of the term acemerincorÛ ̂ for Avhich he or she shall h-ive l)ccn committed or ordered to he con- rogues and to be fhied by virtue of this Act every ])erson committing any offence
against this Act which shall subject him or her to be dealt Avith as a rogue and A'agabond such person having been at some former time adjudged so to be and duly convicted thereof and every person appre- hcitded as a rogue and Avagahoiid and violently resisting any constable (cr other peace officer so apprehending him or lu'r and being sub- setj^uently convicted of the offence for Avhich he shall have been so a]jprohended sluill be deemed an incorrigible rogue Avithin the true intent and meaning of this Act and it shall be lawful for any J iisticc of the Peace to commit such offender (being thereof convicted b(>fore him by the confession of such offender or by the evidence on oath of one or more credible AA'itness or Avitnesses) to Her iVIajesty’s nearest gaol or house of cori'eetion thei'e to remaiu until the next Quarter Sessions of tlu; Peace to he held in the district AA'hereiu or nearest to Avhich the said offence shall bo committed and every such offender avIio shall bc so committed as aforesaid sliall be there kept to hard labor during the period of his or her imprisonment.
5 . And I k ; it enacted That any ]>erson who shall sing any Puniaimient tor
obscene song or ballad or Avrite or draAV any indecent or obscene Avord figure or reprcsentatiou or use any protane indecent or obscene language in any public street thoroughfare or place or Avithiu the vieu' or licaring of any person passing therein shall be liable to be appre hended by any constable or other person and conveyed before any J ustice of the Peace and upon any offender being convicted by such Justice of any such offence in a summary Avay he or slie shall forfeit any sum not exceeding Iwe pounds and in default of immediate payment shall bc committed to the common gaol or house of correction for any period not exceeding three calendar mouths.
(). And be it cnac'ted That any person avI io shall use any Penalty for using
threatening abusivi; or insulting Avords or behaviour in any p u b l i c .
street thoroughfare or place Avith intent to provoke a breach of the any public street
peace or Aifficreby a breach of the peace may he occasioned shall forfeit
and pay on conviction in a summary Avay by any Justice of the Peace
any sum not exceeding fii'c pounds and in default of immediate
payment shall he committed to the common gaol or house of correction
lor any period not exceeding three calendar months.
7. And be it enacted That it shall be laAvful for any person Any person may
whatso(;ver to apprehend any person Avho shall he found offooding against this Act and fortliAvitli to take and convey him or her bedon' some Justice of tlu' Peace to be dealt ndth in such manner as is hereinbefore directed or to deliver him or her to any constabh' or other peace officer of the place Avhere he or she shall liave been a])pre-
hended
| 2430 | N o. | 4. | 15 ̂ VIC. | 1854. |
Vagrancy.
PcnaityoiiconstaUcslieiuled to be SO taken and conveyed as aforesaid and in case any duty constal)le or other peace officer shall refuse or 'wilfully neglect to take
| " | such offender into his custody or 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 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. |
| .Tiisticcs on infornm- | 8. And 06 it euacted That it shall be la'wful for any Justice of committed or is suspected to have committed any offence against this |
| tô apprehra | Pcacc upoii oath being made before him that any person hath Act to issue his warrant to apprehend and bring before him or some other Justice of the Peace the person so charged to he dealt with as directed l>y this Act. |
| tiers and suspected | ■ |
| persons. |
| All offeiuiers ngainst | i). Aiid bc it cuacted That it shall be lawful for any constable |
| se"v(hed*nul’trunks | olficor or otlicr pcrsoii apprehending any person charged with incorrigible rogue to take any horse or otlier cattle or any vehicle or goods in the possession or use of such person and to take and convey the same as well as such person before a .1 ustice of the Peace and for every Justice of the Peace by whom any person shall be adjudged to be an idle and disorderly person or a rogue and vagabond or an incorrigible rogue to order tliat such offender shall be searched and that his or her trunks boxes bundles parcels or packages shall be inspected in the jircscnce of the said Justice and of him or her and also that anv cart or other vehicle which inav have been found in his or her possession or use shall be searched in his or her presence |
| tundies &c. to bc | boiiig uii idle and disorderly person or a rogue and vagabond or an |
| inspected. |
EiTccts fonmi upon aiid it shall be lawlhl for the said Justice to order that any money
t̂ be'̂ foW lud''̂ which may be then found with or upon such offender shall be paid and
tlie proceeds upplied applied foi' and towards the expense of apprehending and conveying
tlie expense of ainue- to tlic gaol Or liousc ot corrcctiou aiici maintaining such offender
hending ami inaiii-
| ’ | ” | ’ | ' | during the time for which he or she shall have been committed and if |
taining &c.
upon such search money sufficient for the purposes aforesaid be not found it shall be lawful for such Justice to order that a part or if necessary the whole of such other effects then found shall be sold and that the produce of such sale shall be paid and applied as aforesaid and also that the overplus of such money or effects after deducting the charges for such sale shall be returned to the said offender.
| Justices may l)iiul | 10. And be it enacted That when any Justice as aforesaid shall |
| j)crsons b}’ recogni |
| zances to prosecute | commit any such incorrigible rogue to any gaol or house of correction |
| nml give evidence as | there to remain till the next Quarter Sessions or when any such idle |
| an("sucu°oth^ | disorderly person rogue and -s-agabond or incorrigible rogue shall |
| offenders as may |
| appeal ])eibre the | give notice of his or her intention to appeal against the conviction |
| nc.xt Quarter | of him or her and shall enter into recognizance as hereinafter |
| SeS'iion'i. | directed to prosecute such appeal such Justice shall require the person by whom such offender shall be apprehended and the person or persons whose evidence shall a])pear to him to be material to prove the offence or to support such conviction to become bound in recognizance to Her Ma jesty Her Heirs and Successors to appear at the said Quarter Sessions to give evidence against such offender touching such offence and ill case any such person or persons as aforesaid shall refuse to enter into such recognizance it shall be 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 recognizance or shall be otherwise discharged by due course of law. |
| Power of (inartcr | 11. And be it enacted That when any incorrigible rogue shall |
| Sessions to detain |
| and keep to hard | hai e Ix'cm committial to any gaol or house of correction there to |
| labor incorrigible | remain until next Quarter Sessions it shall be lawful for the Justices |
| rogues. | of the Teace in Quarter Sessions assembled in a summary way to |
examine
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V(((/ran(‘!i.
ex;imin(i into the cii’cumstancos of tlie case and upon conviction to ord('r if tlu'y think fit that such olFeiuh'V be furtlier imprisoned tlicrcin and 1)0 kc[)t to hard labor for any time not ('xceeding one year iroin the time of making such order.
| 12. And he it enacted That in case any constable or other peace officer shall neglect his duty iu anything r('(]̂ uired of him by this or in case any person shall disturb or hinder any constahh' ])cace oi)sti,u tin ; oiiioers 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 oath of one or more eredilile witiu'ss or witnesses before any one or more -Tustice or Justice's of the Peace every such offender shall for every such otfence forff'it and pay any sum not exceeding live pounds as the said Justice or Justices shall in his or their discre'tion award and in case such offender shall m'glect or I’cfusc forthwith to pay sueli sum so forh'ited it shall hi' lawful to and for such Justice or Justii'cs to commit the person so refusing or neglecting to pay to Her Majesty’s iK'arest gaol or house of correction there to he kept for any tinu' not I'xeeeding three calendar months or until such line he ]>aid. | on oiii-ers |
| , i • /» i* i.1 1 /* 1 * i J- susi)eftv'<l to coj jc fo l | 13. And he it enacted That it shall he lawful for any Justice of Coiigin;; imnsî s |
the rcacc upon iniormntioii on oath l)clorc Jnm niado tliat any ,*frt;,uiLrsa-Min.sttiiis
person hereinbefore discribed to ho an idle and desordcrly person or
a rogue and vagabond or an meorrigiblo rogue is or is reasonably sons imm-iit bobre
sus[>eeted to ho harboured or concealed in any house kept or purporting
to be kept for the reception lodging or cntcrtainmc'iit of travellers or
others by warrant under his hand and seal to authorize any constable
or other jierson or persons to enter at any time into such house and to
apprehend and hi'ing hel'ore him or any other Justice of the Pc'aee
every such idle and disorderly person rogiu; and vagabond or incor
rigible rogue as shall he found thei'cin to bc dealt with in the inaniu'r
hereinhefore directed.
11. And he it enacted That any person aggrieved by any act ivisons augiV vcd
| or determination of any Justice or Justices of the Pi'ace out of | q |
| Sessions in or concerning the execution of this Act may appeal to tlic next Quarter Sessions which shall he held in the district or ])la(*e wherein or nearest to where such offbnee shall have been committed giving to the Justice or Justices of the Peace ivliosc act or determi nation shall be 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 sureties before a Justice of the Pe'ace for the district or place in which such person shall have' been convicted personally to ajipcar and prosecute such appeal and upon such notice being given and such recognizance being entered into such J ustice is hereby empowered to discharge such jierson out of custody and the Court of Quarter Sessions shall lu'ar and determim' the matter of such appeal in a summary way and shall inake such order therein as shall to the said Court seem meet and in case of the dismissal of the appeal through the non-appearance of the ajijiellant or otherwise or the alRrmance of the conviction shall issue the necessary process for the apprehension and punishment of the offender according to the conviction. |
| 15. And he it enacted That all proceedings to be had before any Justice or Justices of the Peace under the provisions of this Act shall ibn'miiit ". be had and taken in a summary way and no such proceeding shall he quashed for want of form or removed by c,ortior(trl or otherwise into the Supreme Court and every conviction of any otfendcr as an idh' and disorderly person or as a rogue aud AxagaI)ond or as an incoi'rigible rogue or for any other otfence under this Act shall he in the form oi‘ to the | t" |
| 5 F—VOL. 3. | effect |
| 2432 | N o. | 4. | 15 ̂ VIO. | 1851. |
Vagrancy.
effect following or as near thereto as the circumstances of the case will
permit that is to say—
| Form of conviction. | “ To wit |
| “ Be it rememhered that on the | day of |
“ A . I ) . 18 at in the Colony of New South “ Wales A. B. is convicted before me C. 1). one of Her “ Majesty’s Justices of the Peace in and for the said “ Colony of (here state the offence in the words of this Act) “ within the intent and meaning of the Act of the Governor “ and Legislative Council passed in the fifteenth year of “ the reign of Her Majesty Queen Victoria intituled ‘ An “ ‘ A ct fo r the more effectual prevention o f Vagrancy and “ ‘fo r the ptinislinient o f idle and disorderly Versons Vogues “ ‘ and Vagabonds and incorrigible Vogues in the Colony of “ ‘ Neio South Wales ’ that is to say for that he the said “ A. B. on the day of at in the “ said Colony (here state the offence proved before the “ Magistrate) and for Avhich said offence the said A. B. is “ ordered to he committed to Her Majesty’s Gaol at
(or house of correction) there to he kept to hard
| “ labor for the space of | (or until the next Quarf-cr |
| “ Sessions to be holden at | ) |
“ Given under my hand the day year and at
“ the place first above written ”
Provided always that tliis enactment shall not invalidate any informa tion or conviction laid or drawn in any other form which may he specially suited to the case or may he provided by law and in every information and in eveiy comdetion for an offence contrary to this Act it shall be sufficient if the offence shall he stated in the words thereof declaring the offence or attaching any penalty thereto and in all proceedings under this Act the informer or party prosecuting shall be deemed and taken and is hereby declared to be a competent witness.
Convictions to bc
| filed of record and | 16. And be it enacted That the Justice or Justices of the Peace |
| certified copies | before whom any such conviction shall take place shall and he and |
| thereof to he evi | |
| dence and i*ctnrns | they is and arc hereby required to transmit the said conviction to tlie |
| thereof made as in | Clerk of the Peace of the district or place wherein or nearest to Avhich |
| cases of other con | |
| victions. | such conviction shall haA’e taken place to be by him filed and kept of record and a copy of the conviction so filed duly certified by tfic said Clerk of the Peace shall and may be read as evidence in any Court of Becord or before any Justice or Justices of the Peace acting under tlic power and provisions of this Act and such and the like returns of such convictions shall be made and inserted in the general returns of all proceedings and convictions had before any Justice or Justices of tlie Peace and be transmitted to such office in such and the like manner as in and by any laAV norv in force or which may hereafter bc made respecting the same is or are required. |
| Justices &c. to have |
| treble costs if judg | 17. And he it enacted That in all cases where an action shall |
| ment be in tljeir | bc brought against any Justice of the Peace constable or other person |
| favor. | for or on account of any matter or thing whatsoever done or committed by him or in execution of his duty or office under this Act such Justice constable or other person if he shall have judgment in his favor shall have treble costs awarded to him hy the Court unless the Judge shall certify that there Avas a reasonable cause for such action. |
| Liinitation of actions. | 18. And be it enacted That every such action shall bo com menced Avithin three calendar months after the cause of action or complaint shall liave arisen and not ai'terAvards and if any person or persons shall bc sued for any matter or thing Avhich ho she or they shall have done in flic execution of tliis Act ho she or they may plead the general issue and give the special matter in evidence. |
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H ard Labor on Loads
19. And 1)0 it enacted That the moneys arising from the fines Application of lines,
penalties and forfeitures imposed by this Act sliall ndien recovered lie paid one moiety to Her Majesty Her Heirs and Successors for the public uses of the said Colony and in siiyiport of tlic Governnumt thcri'of !ind shall lie ap])licd in such manner :>.s may from time to time he directed hy any Act or ^Vets of the Goverimr :ind Leji,'islalivo Council of New South Mhiles and she otht'r moiety thereof shall he paid into the “ Police Howard hhmd ” .and shall he ajiplied accordin';' to I he rules and re<;ulations in force for the time being for the distribution of the .said h'und.
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