33054-002202

[top LH corner] 32/469-16 January 1832 [top RH corner] 39

Attorney Generals Office 13th January 1832

Sir/ I have the honor to acknowledge the receipt of Your letter of the 13th Ultimo respecting the operation of the Act of Parliament 17th George 2nd Ch 5. for the punishment of idle and disorderly persons rogues and vagabonds etc to this Colony.

In reply I have the honor to State for the information of His Excellency that on looking over the various vagrant Acts of the English Legislature, I find that by an act passed in the 5th George 4th Cha. 83. all the previous Acts of parliament, and amongst others, the Act of 17th Geo. 2nd. have been repealed, and further provisions made for the suppression of vagrancy, and that I could not therefore extend the provisions if the above Act as required to this Colony –

I have however framed the Draft of a Bill for the suppression of Vagrancy in this Colony according to the provisions of the Act of 5th. George the 4th Ch 83, And have the honor herewith to transmit the same for His Excellencys Approbation.

I have the honor to be Sir Your most obedient servant John Kinshela

To The Honble Alexander McLeay Colonial Secretary

Give the bill to the Governor.

[duplicate of previous page]

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By His Excellency Major General Richard Bourke Captain General and Governor in Chief of the Territory of New South Wales and its Dependencies and Vice Admiral of the same with the advice of the Legislative Council.

Draft [crossed out] Bill for the punishment of idle and disorderly persons Rogues and Vagabonds incorrigible Rogues and other vagrants.

Whereas the number of rogues and vagabonds beggars and other idle and disorderly persons hath of late greatly increased and it hath become expedient to make a Law for the prevention and punishment thereof. Be it therefore enacted by etc with etc- that every person being able wholly or in part to maintain himself or herself or his or her family by work or 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 shall be left without support and without the means of maintaining himself herself or themselves respectively, every petty Chapman or pedlar wandering abroad and trading without being duly licensed or otherwise authorised by Law every common prostitute wandering in the streets or public Highways

[margin comment] I do not think any part of this 1st clause applies to this Colony. The Prostitutes are mostly prisoners of the Crown and dealt with accordingly.

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in any place of public resort and behaving in a riotous or indecent manner and every person wandering abroad or placing himself or herself in any public place street highway court or passage to beg or gather alms or causing or procuring or encouraging and child or children so to do shall be deemed an idle and disorderly person within the intent and meaning of this Act and it shall be lawful for any Justice of the Peace to commit such offender being thereof convicted before him by his own crew or by the confession of such offender or by the Evidence on Oath of one or more credible witness or witnesses to His Majestys nearest Gaol as the house of correction there to be kept to hard labour for any time not exceeding One Calendar month.

And be it further Enacted that every person committing any of the Offences herein before mentioned after having been convicted as an idle and disorderly person, 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 his Majestys subjects, every person wandering abroad and lodging in any barn or bathouse or in any deserted on unoccupied building or in the Open Air or in any cart

[margin comment on the last four lines above]

There may be some such cases as this amongst free people.