Vagrancy Act 1901 (NSW)

Act No. 13, 1901.

vaô cy . consolidate the Acts for the prevention of Vagrancy. [4:th October, 1^01.]

“|3 E it enacted l)y the King’s iMost Excellent Majesty by and with

.13 the advice and consent of the Legislative Council and Legislative

Assembly of New South "Wales in Parliament assembled and by the authority of the same as follows :—

Freliminary and interpretation.

Short title.	1, Tliis Act may be cited as the “ Vagrancy Act 1901.”
Eepoai.	2. The Acts mentioned in the Schedule to this Act arc hereby

repealed.

li.terprctation. 3 . I l l tliis Act unlcss tlic coutc.xt 01’ subjcct-mattei' otherwise

15 Vie. No .4,ss. 2,3, indicates or requires—

■

“ Aboriginal” means an aboriginal native of New South IVales.

“ Idle or disorderly person ” means every person who commits any

offence mentioned in subsection one of section four.

“ Incorrigible

Act lo, 1901. 187

Vagrancy.

“ Incorrigible rogue” means every person vho commits any

offence mentioned in subsection three of section four.

“ Justice” means justice of the peace.

“ Hogue and vagabond ” means every person vlio commits any

offence mentioned in subsection two of section four.

Offences.

4. (1) W llOSOCVer-- Pimislimont of idle

[a) liaving no visilde lawful means of support or insufficbnd

lawful means does not on being required by or summoned id vie. No. e s. 2.

to ap])car or brought before a justice in pursuance of th e - t Vie. No. 2d.

provisions of this Act gAc a good account of his means

of support to the satisfaction of the justice

{!)) not being an aboriginal or tbe cbild of an aboriginal lodges or wanders in comjiany with any aboriginal and docs not on being required by a justice give to bis satisfaction a good account that he has a lawful fixed place of residence in New South Wales and lawful means of support and that be so lodged or Avandered for some temporary and lav fiil occasion only and did not continue so to do beyond such occasion

(c)	being a common prostitute wanders in any street or public higlnray or behaA’es in a riotous or indecent manner in any place of public resort
( < / )	being a habitual drunkard thrice couAucted of drunkenness Avithin the preceding ti elA'c months behaves in a riotous or indecent manner in any street public higliAvay or place of public resort
(c)	is the holder of a house frc'quentcd hy reputed thieves or persons Avho liaA'e no A'isible laAvful means of support

( / ) is found in a house frequented by reputed thieves or persons Avho liaA'e no A'isible laAvful means of support in company with reputed thieves or such persons and does not on being required by a justice giin to his satisfaction a good account of his laAvful means of support and of bis being in such house on a laAvful occasion

(g) AAvanders abroad or places himself in a public plac(' street bigliAvay court or jiassage to b;'g or gather alms

(//) cause's procures or encourages any child to Avandcr abroad or ])lacc himself in a public place street liighAvay court or passage to beg or gather alms

shall on conviction before any justice by his OAvn view or othcrAvisc be liable to imprisonment Avitli hard labour for a term not exceeding six

months. (2)

138   Act No. 13, 1901.

Vagrancy.

Punishment of (2) Whosoever—

rogues and

vagabonds. («) having been convicted under this or any former Act of any

15 Vic. No. 4, s. 3.

such offence as is mentioned in the last preceding subsection

21 Vie. No. 25.

afterwards commits any oflence in the said subsection

mentioned

(i)   goes about gathering alms under false pretence of loss hy fire or other casualty or as collector under any false

pretence .
(c)	imposes or endeavours to impose upon any charitable institution or private individual hy false or fraudulent representations with a view to obtain money or other benefit or advantage
(d)	wilfully and obscenely exposes his person in or in view of any street road or public highway or in any place of public resort

((?) plays or bets at any unlawful game

{ f ) plays or bets in any street road highway or other open and public place at or with any table or instrument of gaming at any game or pretended game of chance

{g) has in his custody or possession any implement with intent

feloniously to break into any dwelling-house warehouse

coach-house stable or out-building .

(/?) is armed with any offensive weapon or has upon him any instrument with intent to commit any felonious act

(i) liaving any unlawful purpose is found in any dwelling-house warehouse coach-house stable or outhouse or in any enclosed yard garden or area or on board any ship or vessel in any port harbour or place within New South Wales

(j) being a suspected person or reputed thief frequenting arry river canal or navigable stream dock or basin or any quay wharf or rvarchouse near or adjoining thereto or any street highway or avenue leading thereto or any place of public- resort or any avenue leading thereto or any street highway or place adjacent with intent to commit felony

(/c) on being apprehended as an idle and disorderly person violently resists tbe constable or peace officer apprehending him and is subsequently convicted of the offence for whicli he was apprehended

shall on conviction before any justice be liable to imprisonment with hard labour for a term not exceeding six months and every such implement offensive weapon and instrument as aforesaid shall by the conviction of the offender become forfeited to the King’s Maj('sty.

Act No. 13, 1901. 139

Vagrancy.

(3) Whosoever— runishmcnt of

{a) breaks or escapes out of any place of legal confinement 'ncorngibio rogues,

before the expiration of the term for -which he was committed or ordered to be confined hy virtue of this Act

(6) having been convicted under this or any former Act of any such offence as is mentioned in the last preceding subsection afterwards commits any offence in the said subsection mentioned

(c) on being apprehended as a rogue and vagabond violently

resists the constable apjirehending him and is subsequently

convicted of tbe offence for which he was apprehended

•

shall on conviction before any justice be liable to be committed to prison with hard labour until tlie next Court of Quarter Sessions is lield in the district within or nearest to which the offence was committiid.

5 . The Court of Quarter Sessions may examine into the Powers of Quarioi'

circumstances of the case and upon conviction order the offender to be further imprisoned and kept to hard labour for a term not exceeding twelve months from the time of making such order.

6. Whenever a justice' commits an incorrigible rogue to prison Witnesses may be

until the holding of a Court of Quarter Sessions he shall require the Q^u r'sess'ions.

person by whom the offender was apprehended and every person wliosc	̂ jo.
evidence appears material to prove the offence to become bound by recognizance to appear at the Court of Quarter Sessions to give evidence against tlic offender touching tlic offence and may commit to prison any such person who refuses to enter into a recognizance until he does so or is otlierwise discharged by due course of law.

7 . Whosoever in any public street thoroughfare or place or Obscene hinguago or

within the view or hearing of a person passing therein— '

{a) sings any obscene song or ballad	mj, g. 5.
(Jj) writes or draws any indecent or obscene word figure or

rejiresentation

{(;) uses any profane indecent or obscime language

shall be liable on conviction before a justice to a penalty not exceeding

five pounds.

8. Whosoever in any puldic street thoroughfare or place uses Abusive or

any threatening abusive or insulting words or behaviour with intent to

provoke a fireach of the peace or whereby a breach of the peace may street,

he occasioned shall on conviction before a justice be liable to a penalty (’•

not exceeding five pounds. '

Apprehension o f offenders and suspected persons.

9 . ( 1 ) Any person found offending against this Act may be able or other

, 1 person may

apprebended by a constable or other person and forthwith I t lK C l i appreliom l offender.

before a justice to be dealt with as directed by this Act. »■ 7.

(2)

140  le t No. 13, 1901.

Vagrancy.

Offender may be	(2) Whenever a person other than a constable appnihends
lianded over to

constable.	an offender he may deliver him to a constable to he taken before a
15 Yic. No. 4, 8. 7.	justice.

Constable to take	(3) Every constable who refuses or wilfully neglects to take
offender before a

justice.	into his custody or take before a justice a person so delivered to him
H id .	or does not use his best endeavours to apprehend and convey before a justice any person whom he finds oifending against this Act shall he deemed to have neglected his duty Avithin the meaning of section thirteen.
Lodging-houses may

be entered and 10. Any justice upon information on oath before himm.ade that

olTenders found	an idle and disorderly person a rogue and vagabond or an incorrigible
tlierein apprehended.	rogue is or is reasonably suspected to be harboured or concealed in any
Ihid. 8. 13.	house kept or purporting to he kept for the reception lodging or entertainment of traA-ellers or others may hy warrant under his hand and seal authorise any constable or other person to enter at any time into such house and apprehend and bring before him or some other justice every idle and disorderly person rogue and vagabond or incorrigible rogue found therein to bo dealt AAuth in the manner directed hy this Act.

Seizure and disposal o f properly o f offenders.

Powers to seize

goods found in 11. Any constable or other person apprehending a person

possession of

charged with being an idle and disorderly person rogue and vagabond

offender.

or incorrigible rogue may take any horse cattle vehicle or goods in

Ibid. 3. 0.

the possession or use of the person apprehended and convey them

before a justice.

ofi’ender.

Powers to search 12. Whenever a person is adjudged to he an idle and disorderly

Ihid,

person or a rogue and Amgahond or an incorrigible rogue the convicting

justice may order—

(«) the offender to he searched and

{b) his trunks boxes bundles parcels or packages to he inspected

in the presence of the justice and the olfender and

(c) any vehicle found in the offender’s possession or use to he searched in the offender’s presence and

Application of

money found. {d) any money Avhich is then found AAuth or upon the offender to

Ihid.	he paid and applied toAvards the expense of apprehending the offender and conveying him to prison and maintaining him during the term for Avhich he is committed and the overplus of such money to be returned to the olfender and
Sale of eTeds where

suflicient money not (c) in the event of sufficient money for the purposes aforesaid not

found.	lieing found upon such search that the 2>art or if necessary
H id ,	the Avholc of the offender’s other effects tlien found be sold and the produce of the sale paid and applied as aforesaid and 'the overplus of such effects returned to the olfender after deducting the charges for the sale.

Neglect

Act No. 13, 1901. 141

Vagrancy.

Neglect o f duty hy conutahle.

13. Every constal)l<' who ne^lecis his duly in anythin" required iVnaity.

of liiin l)y tliis Act shall on conviction before one or more iustices b e	\'ic. No. i, s. i;i.
liable to a penalty not exceedin" live pounds.

Hindering conalahle in execution o f duty.

14. livery person who disturbs or hinders any constable orrcmiiiy.

otlun- person in the execution of this Act or aids abets or assists in so doing shall on conviction hi'fore one or more justices he liable to a penalty not exceeding five pounds.

• Actions against justices and others.

15. (1) Every action brought against a justice constable or Limitation of

other jierson for any matter or thing done or committed by him or

execution of his duty or office under this Aet shall be commenced

within tlu’ec months after the cause of action or complaint arose.

(2) If any person is sued for any matter or thing done in the execution of this Act he may plead the general issue and give the special matter in cvidcnct'.

(3) The defendant in any such action shall if judgment be Siur.psfui (icrin.iant

given in his favour have treble costs awarded to him hy the Court unless the Judge certifies that there was a reasonable cause for such action.

Application o f penatties.

16. All penalties or forfeitures imposed by this Act shall Avhen Half iiciKiiiv i.> po

recovered be paid as follows that is to say one moiety into the

Consolidated llcvenuc Eund and the other moiety into the Eolicc I’lnui.

Howard Eund.

SCHEDULE. Sulictlule.

Number of Act. Title or eliort title. Extent of ro))eal.

15 Vic. No. 4 An Act for tlie more effectual prevention of Tlic whole Act.

A'agrancy .and for the punishment of idle and disorderly per.sons rogues and vagabonds and incorrigible rogues in the Colonv of New South

Wales. “

24 Vic. No. 25 The Magistrates’ Powers Limitation Act ... ... The whole Act.

Act