VAGABOND. 



perfon may apprehend or carry before a juftice any fuch 

 perfon, going about from door to door, or placing them- 

 felves in ftrects, highways, or pafTages, to beg alms in the 

 parifhes or places where they dwell ; and if they (hall refill, 

 or efcape from the perfon apprehending them, they (hall be 

 punilhed as rogues and vagabonds. The reward for appre- 

 henfion is 5^., to be paid under order of the juftice, by any 

 overfeer where fuch offender (hall be apprehended. 



Rogues and vagabonds are to be apprehended by a con- 

 ftable, or any other perfon, and conveyed to a juftice of 

 the peace. The reward for apprehending is ioj., by order 

 of the juftice, payable by the high conftable, or, in cafe of 

 no high conftable, by the petty conftable ; and on refufal, 

 the juftice may by his warrant levy the fum of 20s. by dif- 

 trefs and fale of the conftable's goods, &c. (17 Geo. II. 

 C.J.) But the juftice (hall not order the reward to be paid 

 until the rogue or vagabond be publicly whipped ( women 

 excepted), or fent to the houfe of correftion, and till the 

 examination required by the faid aft (hall be aftually tranf- 

 mitted to the next feflions. (32 Geo. III. c. 45.) The 

 penalty for not apprehending fuch offender ftiaU be, on con- 

 viftion before one juftice, or \\e\j or oath of one vvitnefs, a 

 forfeiture of los. to the poor bv diftrefs. The juftices, or 

 any two of them, (hall, four times a year at leaft, order by 

 warrant fearch for and apprehenfion of rogues and vaga- 

 bonds. (17 Geo. II. c. 5.) And by 25 Geo. II. c. 36. 

 two juftices may examine perfons apprehended on a privy 

 fearch on oath as to their fettlement and means of liveh- 

 hood ; and upon their failure of (hewing that they have a 

 lawful way of getting a livelihood, or of procuring fome 

 refponfible houfekeeper to teftify to their charafter, and to 

 give fecurity (if required) for their future appearance, the 

 juftices may commit them to fome prifon or houfe of cor- 

 reftion, for any time not exceeding fix days, and order the 

 overfeers of the poor to advertife and defcribe them, &c. ; 

 and if no accufation (hall be laid againft them, they (hall be 

 difcharged, or otherwife dealt with according to law. 

 After examination by a juftice, fuch juftice (hall order the 

 offender apprehended to be publicly whipped by the con- 

 ftable, petty conftable, or fome other perfon appointed by 

 them, or order him to be fent to the common gaol 

 (27 Geo. III. c. II.), or houfe of correftion, till the next 

 feffions, or for any lefs time (fuch time not being lefs than 

 feven days, 32 Geo. III. c. 45.) as fuch juftice ftiall think 

 proper. — A^. B. It is only here expreffed generally, that he 

 fhall be publicly whipped ; the form and manner thereof 

 may perhaps be beft collefted from the provifions of former 

 vagrant afts. By the 22 Hen. VIII. c. 12. the vagrant 

 was to be carried to fome market-town or other place, and 

 there tied to the end of a cai-t naked, and beaten with whips 

 throughout fuch market-town or other place, till his body 

 (hould be bloody by reafon of fuch whipping. By the 

 39 Eliz. c. 4. he was to be ftripped naked from the middle 

 upwards, and only whipped till his body ftiould be bloody. 



The juftices of the next feflions, after commitment of the 

 offender, may, after examination, order a rogue or vaga- 

 bond to be detained in the houfe of correftion to hard 

 labour, for any further time not exceeding fix months, and 

 an incorrigible rogue for any further time not exceeding two 

 years, nor lefs than fix months ; and during the time of con- 

 finement, to be whipped in fuch manner, and at fuch times 

 and place, as they Oiall think fit. Such perfon may, if the 

 feffions think convenient, afterwards be fent away by a pafs ; 

 and if fuch perfon, being a male, is above the age of twelve 

 years, the court may, before he is difcharged from_ the houfe 

 of correftion, fend him to be employed in his majefty's fer- 

 vice by fea or land ; and if fuch incorrigible rogue, fo or- 

 VoL. XXXVI. 



dered by the feffions to be detained in the houfe of correftion, 

 fhall break out or make his efcape, or (liall offend again in 

 like manner, he (liall be guilty of felony, and be tranfported 

 for feven years. 17 Geo. II.. c. 5. 



By 13 & 14 Car. II. c. 12. the juftices in feffions may 

 tranfport fuch rogues, vagabonds, and fturdy beggars, as 

 (hall be duly convifted, and adjudged to be incorrigible. 



By 17 Geo. II. c. J. if the child of any vagrant, above 

 the age of feven years, ftiall be committed to the houfe of 

 correftion, the juftices in feflions, if they fee convenient, 

 at any time before fuch child be difchai-ged, may order fuch 

 child to be placed out as a fervant or apprentice to any per- 

 fon who is willing to take fuch child, till fuch child ftiall be 

 of the age of 2 1 years, or for a lefs time ; and if any of- 

 fender, who was found wandering with fuch child, (hall be 

 again found with the fame child which was fo placed out, 

 he (hall be deemed an incorrigible rogue. Where any 

 vagrants have been committed to the houfe of correftion till 

 the nest feffions, if, on examination of fuch perfons, no 

 place can be found to which they may be conveyed, the 

 feflions (liall order them to be detained and employed in the 

 houfe of correftion, until they can provide for themfelves, 

 or until the juftices in feffions can place them in fome lawful 

 calling, as fervants, apprentices, foldiers, mariners, or 

 otherwife, either within this realm, or in the plantations in 

 America. 



After fuch whipping or confinement as aforefaid, the 

 juftice may, if he think convenient, by a pafs under hand 

 and feal, caufe the offender to be conveyed to the place of 

 his laft legal fettlement ; but if it cannot be found, then to 

 the place of his birth ; or if he be under the age of 14 years, 

 and have any father or mother living, then to the place of 

 the abode of fuch father or mother, there to be dehvered te 

 fome churchwarden or overfeer. 17 Geo. II. c. 5. 



And it ftiall be certified in the pafs, that fuch perfon has 

 been aftually pubUcly whipped, or confined in the houfe of 

 correftion as aforefaid. 32 Geo. III. c. 45. 



The juftice ftiall make a duplicate of the pafs and ex- 

 amination, and fign the fame ; and ftiall afterwards tranfmit 

 the duplicate of the pafs, annexed to the examination, to the 

 next feffions, there to be filed and kept on record ; and ftiall 

 annex the duplicate of the examination to the pafs, and fend 

 it with tlie fame ; and the faid pafs, examination and dupli- 

 cate thereof, ftiall and may be read in any court of record as 

 evidence. 17 Geo. II. c. 5. 



And the juftice who fliall make the pafs ftiall with the 

 pafs caufe likewife to be delivered to the conftable a note or 

 certificate, afcertaining how they are to be conveyed, by 

 horfe, cart, or on foot, and what allowance fuch conftable 

 is to have for conveying them. The conftable who (hall 

 receive fuch pafs and'certificate, fliall convey the perfon ac- 

 cording to the direftion of the pafs, the next direft way to 

 the place whither he is ordered to be fent, if it be in the fame 

 county, riding, divifion, corporation, or franchife ; if not, 

 he fliall dehver the faid perfon to the conftable of the firfl; 

 town, parifli, or place, in the next county, riding, diviljon, 

 corporation, or franchife, in the direft way to the place 

 whither he is to be conveyed, together with the pafs and 

 duphcate of the examination, taking his receipt for the fame. 

 And fuch conftable fliall, without delay, apply to fome 

 juftice in the fame county or divifion, who ftiaU make the 

 like certificate, and deliver it to fuch conftable, who (haU 

 with all fpeed convey fuch perfon unto the firft parifli town 

 or place in the next county or divifion, m the direft way to 

 the place to which he is to be conveyed ; and fo from one 

 county or divifion to another, till they come to the place to 

 which fuch perfon is fent. And the conftable, who (hall 



3Y 



deliver 



