court, specifying the name of every person bound by recognizance to answer to articles of peace, and defaulting to appear, together with the residence, trade, or calling of every of them, distinguishing the principals from the sureties, and stating the cause of non-appearance, if known, and whether, by reason of such non-appearance, the ends of justice have been defeated or delayed. In counties not corporate, the officer must lay this list before the chairman, or two other justices of the peace who have attended the court, or in boroughs, before the recorder, who are to examine it, and make such order touching the estreating or putting in process of any such recognizance, as shall appear to them respectively to be just; and the officer cannot estreat, or put it in process, without the written order of the chairman, &c. (i).

The numerous hardships arising from indiscriminately estreating all forfeited recognizances into the exchequer have been checked by these salutary provisions.

Costs of exhibiting Articles of the Peace.]-The attorney for a wife who exhibits articles of the peace against her husband, may recover the costs of so doing from him, though he allows her a separate maintenance (k).

SECTION IV.

OF THE DISPOSAL OF VAGRANTS.

THE disposal of the third class of vagrants, called incorrigible rogues, constitutes no inconsiderable portion of the business of a quarter session of the peace, in populous and manufacturing districts. Idleness in any of the members of a community is a disadvantage to it, because on the diffusion of active and productive labour depends its vigour and its wealth. The laws against vagabonds may be traced up as high as the reign of Henry the Second. Under that of Queen Elizabeth they became numerous and more systematic, because the dissolution of monasteries by her father had thrown on the bounty of the public a numerous herd of beggars, who had before been under the protection of those communities.

The act which is now in force embodying and extending numerous former provisions, is 5 G. IV. c. 83. It points out three classes of

(i) 7 G. IV. c. 64, s. 31; and see 3 G. IV. c. 46, s. 5 & 6, post, Chap. XIII. s. 7. Also ante, p. 94.

(k) Turner v. Rooks, 10 Ad. & E. 47; 2 P. & D. 294; 3 Campb. 326.

persons, 1. Idle and disorderly persons. 2. Rogues and vagabonds. 3. Incorrigible rogues. It is in the case of the last class only that the justices in session have an original jurisdiction to exercise; but it may be well here to present the whole effect of the provisions.

1. Idle and Disorderly Persons.-The following are, under 5 G. IV. c. 83, s. 3, to be deemed "idle and disorderly persons," within its true intent and meaning, so that any justice of the peace may commit them (being convicted before him on his own view, or by the confession of the offender, or by the evidence of one or more credible witness or witnesses) to the house of correction (1), there to be kept to hard labour for any time not exceeding one calendar month (m); subject to an appeal to the sessions, as to which see post, viz.—

1. Every person being able wholly, or in part, to maintain himself or herself, or his or her family, by work 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 whom he or she may be legally bound to maintain, shall have become chargeable to any parish, township, or place (n).

2. Every person returning to and becoming chargeable (o) in any parish, township, or place, from whence he or she shall have been legally removed by order of two justices of the peace, unless he or she shall produce a certificate of the churchwardens and overseers of the poor of some other parish, township, or place, thereby acknowledging him or her to be settled in such other parish, township, or place.

3. Every petty chapman or pedlar wandering abroad, and trading without being duly licensed, or otherwise authorized by law.

4. Every common prostitute wandering in the public streets, or public highways, or in any place of public resort, and behaving in a riotous and indecent manner.

5. Every person wandering abroad, or placing himself or herself in any public place, street, highway, court, or passage, to beg or gather

(1) (Not to common gaols, 4 G. IV. c. 64, s. 7.)

(m) The commitment must be for a precise definite time expressed in the warrants, see Baldwin v. Blackmore, 596; R. v. Hall, 3 Burr. R. 1636. The warrant must state that the offender had been convicted of the offence, and not merely that he was charged; R. v. Rhodes, 4 T. R. 220; R. v. Hooper, 6

T. R. 225. It must also show the authority of the committing justice, R. v. York, 5 Burr. R. 2684.

(n) The warrant for commitment for vagrancy in deserting a family must state that the family were actually chargeable; R. v. Hall, 3 Burr. R. 1636.

(0) See R. v. Barham, 8 B. & C. 99, post; Mann v. Davers, 3 B. & Ald. 103.

alms, or causing, or procuring, or encouraging, any child or children so to do.

6. And (by s. 16 of the same act)

Every person asking alms under a certificate, or other instrument prohibited by the act.

The only certificates of magistrates still legal are

Certificates granted by visiting justices, enabling persons discharged from gaols, &c. to receive alms or relief on their route to their place of settlement.

Certificates granted by a justice to a soldier, sailor, or marine, duly discharged, stating the place to which he wishes to go, being his home or legal settlement; or granted to the wife of a non-commissioned officer or soldier ordered on foreign service, and not permitted to embark with him (under 43 G. III. c. 61, s. 1, 2, saved by 5 G. IV. c. 83, s. 15).

Admiralty or war-office certificates or passes granted as heretofore, to discharged sailors, soldiers, or marines, or to the families of such persons serving abroad or lately deceased (under 43 G. III. c. 61, s. 3, saved by 5 G. IV. c. 83, s. 15).

In these three cases, the asking or having relief is legal; but loitering, &c. by party discharged from prison, makes him a rogue and vagabond. (See post, p. 622.)

2. Rogues and Vagabonds.-The following are, by 5 G. IV. c. 83, s. 4, to be deemed as rogues and vagabonds," whom it is lawful for any justice of the peace to commit (being convicted before him by the confession of the offender, or by the evidence on oath of one or more credible witness or witnesses) to the house of correction (p), there to be kept to hard labour, for any time not exceeding three calendar months, subject, as in the case of "idle and disorderly persons," to an appeal to the sessions, viz.—

1. Every person committing any of the offences herein before mentioned, after having been convicted as an idle and disorderly person.

2. Every person pretending or professing to tell fortunes, or using any subtle craft, means, or device by palmistry, or otherwise, to deceive and impose on any of her majesty's subjects.

3. Every person wandering abroad, or lodging in any barn or outhouse, or in any deserted or unoccupied buildings, or in the open air, or under a tent, or in any cart or waggon, not having any visible

(p) See note () in last page.

means of subsistence, and not giving a good account of himself or herself.

4. Every person unlawfully exposing to view, in any street, road, highway, or public place, any obscene print, picture, or other indecent exhibition.

Or wilfully exposing, or causing to be exposed, to public view, in the window or other part of any shop or other building situate in any street, road, highway, or public place, any obscene print, picture, or other indecent exhibition (q).

5. Every person wilfully, openly, lewdly, and obscenely exposing his person in any street, road, or public highway, or in the view thereof, or in any place of public resort, with intent to insult any female (r).

6. Every person wandering abroad, and endeavouring, by the exposure of wounds, or deformities, to obtain or gather alms.

7. Every person going about as gatherer or collector of alms, or endeavouring to procure charitable contributions of any nature or kind, under any false or fraudulent pretence.

8. Every person running away and leaving his wife (s), or his or her child or children, chargeable, or whereby she, or they, or any of them, shall become chargeable, to any parish, township, or place.

9. Every person playing or betting in any street, road, highway, or other open or public place, at or with any table, or instrument of gaming, at any game or pretended game of chance.

10. 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, 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 with intent to commit any felonious act (t).

11. Every person being found in or upon any dwelling-house, warehouse, coach-house, stable, or out-house, or in any inclosed yard, garden, or area, for any unlawful purpose (u).

(g) 1 & 2 V. c. 38, s. 2.

(r) 5 G. IV. c. 83, s. 4. A notice of appeal against a conviction of this offence is sufficient, if it states that the party was not guilty, R. v. Newcastle on Tyne (Justices), 1 B. & Adol. 933.

(8) A wife who has left her husband, and committed adultery, is not within this term, though the husband has also

committed adultery since her departure, R. v. Flintan, 1 B. & Ad. 227.

(t) The conviction under this head of vagrancy must state that the implements, or some of them, were found upon the prisoner at the time of his apprehension, R. v. Brown, 8 T. R. 26.

(u) So if seen in a dwelling house, but gets out of it, and after concealing him.

12. Every suspected person, or reputed thief, frequenting any river, canal, or navigable stream, dock, or basin, or any quay, wharf, or warehouse, 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 (n).

13. 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.

14. And, by 5 G. IV. c. 83, s. 15, persons discharged from prisons, to whom certificates or instruments have been delivered by the visiting justices, enabling them to have or receive alms or relief on the route to their places of settlement, but acting contrary to the directions of the certificate, or loitering on or deviating from their route.

3. Incorrigible Rogues.-The following persons are, by 5 G. IV. c. 83, s. 5, to be deemed "incorrigible rogues" under the act :

1. Every person breaking or escaping out of any place of legal confinement, before the expiration of the term for which he or she shall have been committed, or ordered to be confined by virtue of this act.

2. 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 (w).

3. 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.

As to these it is enacted, "That 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 witnesses) to the house of correction (x), there to re

self in adjoining premises to avoid apprehension, is retaken on fresh pursuit, R. v. Howarth, 1 Mood. C. C. 207.

(v) As to this power in the metropolitan district, see 3 W. IV. c. 19, s. 31, 32.

(w) A question was raised under this act, whether persons once convicted under the previous vagrant acts as rogues

and vagabonds were under these words to be deemed incorrigible rogues for a second offence of a like nature. Upon this Lord Lyndhurst, when attorney. general, gave an opinion, inserted in Chetwynd's ed. of Burn, J. (the 24th,) p. 568, answering the question in the

affirmative.

(x) See note () in p. 619.