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c. 3.

same.

No. 8. vagrants; May it, &c., That every person being able wholly, or in Act 3 Vic. part, to maintain himself or herself, or his or her family, by labour,

or by other means, and wilfully refusing or neglecting so to do, by

which refusal, or neglect, he or she, or any of his, or her family, Who shall be deemed idle

whom he or she may be legally bound to maintain, shall have beand disorderly come burthensome upon the public funds of this colony ; every persons. common prostitute, wandering in the public streets, or highways,

or in any place of public resort within these islands, and behaving in a riotous or indecent manner; and every person wandering abroad, or placing himself, or herself, in any public place, street, wharf, highway, court, or passage, to beg, or gather alms; or causing, or procuring, or encouraging any child or children to do so,

shall be deemed an idle and disorderly person, within the true inPunishment of tent and meaning of this Act : and it shall be lawful for any Sti

pendiary Justice of the Peace, to commit such offender, being thereof convicted before him by his own view, or by the confession of such offender, or by the evidence upon oath of one or more credible witness or witnesses,) to any lawful place of confinement, there, or

on the public streets, or highways, to be kept to hard labour, for Proviso. any time not exceeding fourteen days : Provided, nevertheless, that

no person shall be deemed to be an offender under this Act, by reason of any such begging, or gathering alms, as aforesaid, or by reason of his or her causing, or procuring, or encouraging, any child, or children, so to do, unless it shall be made to appear, to the satisfaction of the Stipendiary Justice before whom he or she shall be charged with such offence, that the offender, by his or her own labour, or by other lawful means, or from any public funds appropri

ated for that purpose, have been provided with the necessaries of life. Who are to be II. That every person committing any of the offences hereindeemed rogues before mentioned, after having been convicted as an idle and disand vaga

orderly person ; every person pretending, or professing, to tell bonds.

fortunes, or using, or pretending to use, any subtle craft, or device, by palmistry, obeah, or any suchlike superstitious means, to deceive, and impose on any of Her Majesty's subjects, or upon any other person ; every person wilfully exposing to view in any street, road, highway, or public place, any obscene print, picture, or other indecent exhibitions ; every person wilfully, openly, and obscenely, exposing his, or her person, in any street, public road, or highway, or in view thereof, or in any public place of resort; every person endeavouring to procure charitable contributions, of any nature, or kind, under any false or fraudulent pretence; every person playing, or betting in any street, road, or highway, market, or wharf, or other open and public place, at, or with any table, or instrument of gaming, whatsoever, at any game, or pretended game of chance; every person having in his or her custody, or possession, any picklock, key, crow, jack-bit, or other implement, with intent, feloniously, to break into any dwelling-house, warehouse, store, shop, office, church, chapel, cellar, coach house, stable, or out-building; or being armed with any gun, pistol, hanger, cutlass, bludgeon, or other offensive weapon; or having upon him or her, any instrument whatsoever, with intent to commit any felonious act; every person being found in or upon any dwelling-house, warehouse, store, shop, office, church, chapel, cellar, coachhouse, stable, or outhouse, or in any enclosed yard, garden, orchard, plantation, or farm, for any felonious purpose ; every suspected person, or reputed thief, frequenting

c. 3.

any wharf, or any warehouse, near or adjoining thereto, or any street, No. 8. highway, or avenue, leading thereto, or any public auction, or sale, or Act 3 Vic. other place of public resort, or any avenue leading thereto, or any street, highway, or place adjacent, with intent to commit felony; 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 subsequently convicted of the offence for which he, or she, shall have been so apprehended, shall be deemed a rogue and a vagabond within the true intent and meaning of this Act. And it shall be lawful for any Stipendiary Justice of the Peace, to commit such offender (being thereof con- Punishment. victed before him, on his own view, or by the confession of such offender, or by the evidence, on oath, of one, or more, credible witness, or witnesses,) to any lawful place of confinement, as aforesaid, there, or on the public streets, roads, or highways, to be kept to hard labour, for any time not exceeding twenty-eight days; and every such pick-lock, key, crow, jack-bit, and other implement, and every such gun, pistol, hanger, cutlass, bludgeon, or other offensive weapon; and every such instrument, as aforesaid, shall, by the conviction of the offender, become forfeited to Her Majesty, and shall be forthwith sold, and the proceeds thereof, applied towards the expenses of the government of this colony.

III. That every person breaking, or escaping out of any place of Who shall be legal confinement, before the expiration of the term for which he, deemed incoror she, shall have been committed, or ordered to be confined, by rigible rogues. virtue of this Act; every person committing any offence against this Act, which shall subject him or her to be dealt with as a rogue and vagabond, such person having been, at some former time, adjudged 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 apprehending him, or her, and being subsequently convicted of the offence, for which he, or she, shall have been so apprehended, shall be deemed an incorrigible rogue, within the true intent and meaning of this Act: and it shall Punishment of be lawful for any Stipendiary Justice of the Peace to commit such same. offender (being thereof convicted before him, on his own view, or by the confession of such offender, or by the evidence, on oath, of one or more credible witness, or witnesses,) to any lawful place of confinement, there to remain until the next ensuing term of the Superior Court of Criminal Justice for the jurisdiction, within which the offence shall have been committed, then and there to be dealt with as hereinafter directed; and every such offender, who shall be 80 committed, shall be kept to hard labour during the period of his or her imprisonment.t

IV. That it shall be lawful for any police, or other constable, or Police or other peace officer, to apprehend any person who shall be found offending constables to against this Act, and, forthwith, to take, and convey him, or her, apprehend of

fenders. before some Stipendiary Justice of the Peace, to be dealt with in such manner, as hereinbefore directed; and in case any police, or Punishment other constable, or peace officer, shall refuse, or wilfully neglect, to for refusing so

to do. take any such offender into his custody, and to take, and convey him, or her, before some Stipendiary Justice of the Peace, or shall

* So much of this section as is printed in italics is repealed by 3 Vic. c. 34. † So niuch of this section as is printed in italics is jepealed by 3 Vic. c. 24.

c. 3.

No. 8. not use his best endeavours to apprehend and convey before some Act 3 Vic. such Justice, any person whom he shall find offending against this

Act, it shall be deemed a neglect of duty in such police or other constable, or peace officer, and he shall, on conviction, be punished in such manner as hereinafter directed.

V. That it shall be lawful for any Stipendiary Justice of the Peace upon oath being made before him, that any person hath committed or is suspected to have committed any offence against this Act, to issue his warrant to apprehend and bring before him or some other Stipendiary Justice of the Peace the person so charged,

to be dealt with as is directed by this Act. Incorrigible VI. That when any Stipendiary Justice as aforesaid, shall comrogues intend

mit any such incorrigible rogue to prison, as aforesaid, there to ing to appeal, must enter into remain until the next term of the Superior Court of Criminal recognizance.

Justice as aforesaid ; or when any such idle and disorderly person, rogue, and vagabond, or incorrigible rogue, shall give notice of his or her intention to appeal against the conviction of him or her, and shall enter into recognizance as hereinafter directed, to prosecute

such appeal, such Stipendiary Justice shall require the person or Witnesses also. persons by whom such offender shall be apprehended, and the per

son or persons whose evidence shall appear to him to be material to prove the offence, and to support such conviction to become bound in recognizance to Her Majesty, her heirs, and successors, to appear at the next session of such Court, as the case may be, to give evidence against such offender touching such offence; and the Chief Justice or other presiding Judge of such Court is respectively hereby authorized and empowered, at the request of any person who shall have become bound in any such recognizance, to

order the Receiver-General and Treasurer of the Colony, or the Prosecutor and Receiver of Colonial Duties at Grand Cay, Turks Islands, to pay Witnesses to be unto such prosecutor and unto the witness or witnesses on his or paid.

her behalf, such sum or sums of money as to such Chief Justice or other Judge may seem reasonable and sufficient to re-imburse such prosecutor and such witness or witnesses, for the expenses he, she, or they have been severally put to, and for his, her, or their trouble

and loss of time in and about such prosecution; which order the Clerk of the Clerk of the Crown is hereby directed and required forthwith to Crown to make make out and deliver to such prosecutor, or unto such witness or out order for same.

witnesses; and the said Receiver-General and Treasurer, or Receiver of Colonial Duties, as the case may be, is hereby authorized and required upon sight of such order, with the warrant of the President attached thereto, forthwith to pay unto such prosecutor or

other person or persons authorized to receive the same, such money How to be paid. as aforesaid ; and the said Receiver-General and Treasurer, or

Receiver of Colonial Duties, as the case may be, shall be allowed Proviso, the same in his account with the public: Provided that any such

allowance to be made to parties, whether in the capacity of prosecutors or witnesses, shall not exceed that made by the existing laws to witnesses in attendance on the Supreme and other Courts of the Colony. And in case any such person or persons as aforesaid, shall refuse to enter into such recognizance, it shall be lawful for such Stipendiary Justice to commit such person or persons so refusing to any lawful place of confinement, there to remain until he, she, or they shall enter into such recognizance, or shall be otherwise discharged by due course of law.

c. 3.

same.

VII. That when any incorrigible rogue shall be committed to No. 8. any lawful place of confinement, there to remain until the next term Act 3 Vic. of such Superior Court, as aforesaid, it shall be lawful for the Justices or Justice of such Court, in term, to inquire into the circumstances of the case, and to order, if such Justices or Justice

Imprisonment

of incorrigible shall think fit, that such offender be further imprisoned in some rogues may be lawful place of confinement, and there, or on the public streets or extended. highways, to be kept to hard labour for any time not exceeding six calendar months, from the time of making such order.

VIII. That in case any constable or other peace officer shall Punishment neglect his duty in anything required of him by this Act; or in for Constables case any person shall disturb or hinder any constable or other refusing to

peace officer in the execution of this Act, or shall be aiding, abetting, or duty, and per

perform their assisting therein, and shall be thereof convicted, upon the oath of sons disturbing one or more witness or witnesses, before one or more Stipendiary them in the Justice or Justices of the Peace, every such offender shall for every such offence, forfeit any sum not exceeding Twenty pounds sterling; and in case such offender shall not forthwith pay such sum so forfeited, the same shall be levied by distress and sale of the offender's goods, by warrant from such Stipendiary Justice or Justices; and if sufficient distress cannot be found, it shall be lawful to commit the person so offending to any lawful place of confinement, there to be kept for any time not exceeding thirty days, or until such fine be sooner paid ; and the said Stipendiary Justice or Justices shall cause the said fine, when paid, to be paid over to the ReceiverGeneral and Treasurer of the Colony, to be by him applied towards defraying the contingent expenses of the Government of this Colony.

IX. That it shall be lawful for any Stipendiary Justice of the Apprehension Peace, upon information on oath before him made, that any person, of rogues when herein before described to be an idle and disorderly person, or a

concealed in a

house. rogue and vagabond, or an incorrigible rogue, is, or is reasonably suspected to be harboured or concealed in any house, or other place, by warrant under his hand and seal, to authorize any constable or other person or persons to enter at any time into such house or place, and to apprehend and bring before him, or any other Stipendiary Justice of the Peace, every such idle and disorderly person, rogue and vagabond, and incorrigible rogue, as shall be then and there found, to be dealt with in the manner hereinbefore directed.

X. That no proceedings to be had before any Stipendiary Jus- No proceedings tice or Justices of the Peace, under the provisions of this Act, shall to be quashed be quashed for want of form; and every conviction of any offender for want of as an idle and disorderly person, or as a rogue and vagabond, or as

form, an incorrigible rogue under this Act, shall be in the form, or to the effect set forth in the Schedule A hereunto annexed, or as near thereto as circumstances will permit: and the Stipendiary Justice or Justices of the Peace before whom such conviction shall take place, shall, and he and they is and are hereby required to transmit Conviction to the said conviction to the Clerk of the Crown, at his office at Grand be transmitted Cay, there to be filed and kept on record ; and a copy of the con

to Clerk of the

Crown. viction so filed duly certified by the Clerk of the Crown, shall and the same to be may be read as evidence in any Court of Record, or before any received as Stipendiary Justice or Justices of the Peace, acting under the evidence. powers and provisions of this Act.

XI. That any person aggrieved by any act or determination of

When prosecil

No. 8. any Stipendiary Justice or Justices of the Peace, in or concerning Act 3 Vic. the execution of this Act, may appeal to the Supreme Court, giving c. 3. to the Stipendiary Justice or Justices of the Peace, whose act or

determination shall be appealed against, notice in writing of such Persons aggrieved may

appeal and of the ground thereof, and entering within seven days appeal. into a recognizance with sufficient sureties before a Stipendiary When notice of Justice of the Peace, personally to appear and prosecute such such appeal is appeal; and upon such notice being given and such recognizance

being entered into, such Stipendiary Justice is hereby empowered to discharge such person out of custody, and the Court to whom any such appeal shall be made, shall hear and determine the matter of such appeal, and shall 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 process

for the apprehension and punishment of the offender, according to Proviso. the conviction : Provided always, That such appellant shall be

bound to prosecute his or her said appeal, at the next sitting of the said Court, in case such sitting shall not happen within the said period of seven days : but if such sitting shall be had within such seven days, then at the next succeeding term of the said Court, and not afterwards.

XII. And for the protection of persons acting in the execution tions are to be of this Act, it is further enacted, That all actions or prosecutions commenced, to be commenced against any such person or persons for anything

done in pursuance of this Act, shall be laid and tried in the Supreme

Court of these islands, and shall be commenced within three calenWhen and how dar months after the fact committed, and not otherwise ; and notice, notice is to be in writing, of such action, and of the cause thereof, shall be given given.

to the defendant, one calendar month, at least, before the comWhen Plaintiff mencement of the action : and no plaintiff shall recover in any such

action if tender of sufficient amends shall have been made before such action is brought : or if a sufficient sum of money shall have

been paid into Court, after such action brought by, or on behalf of, When Defend- the defendant : and if a verdict shall pass for the defendant, or the ant shall re- plaintiff shall become nonsuit or discontinue any such action, after cover costs.

issue joined, the defendant shall recover treble costs, and have the like remedy for the same as any defendant hath, in law, in other cases : and though a verdict be given for the plaintiff in any such action, such plaintiff shall not have costs against the defendant, unless the Court, before which the trial shall be, shall certify their

approbation of the action. Appointment XIII. That it shall and may be lawful for any two or more of Constables.

Stipendiary Justices of the Peace at any time to nominate and appoint any discreet person or persons to be constables, or peace officers, for the purposes of this Act, and to swear him or them, to

the due execution of his or their office. Who only shall XIV. That no person shall act or be considered as a Stipendiary act as Stipen Justice within the meaning of this Act, save only such persons as diary Justices. being in the receipt of stipends, assigned for their maintenance as

such Justices, shall be named in any commission issued, or hereafter to be issued, in the name and on the behalf of Her Majesty, appointing them to act as Stipendiary Justices for this colony, or

for any town, island, or district thereof. Acts repealed.

XV. That the first, second, and third sections of an Act of the General Assembly of these islands, made in the Fourth year of the

cannot recover.

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