33054-002202

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or Waggon not having any visible means of subsistence and not giving a good account of himself or herself every person wilfully exposing to view in any street road highway or public place any obscene print picture or other indecent exhibition 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 every person wandering abroad and endeavouring by the exposure of wounds or deformities to obtain or gather alms, every person going about as a collector or gatherer of alms or endeavouring to procure charitable contributions of any nature or kind under any false or fraudulent pretence, every person running away and leaving his wife or his or her child or children without support and without the means of maintaining herself or any of themselves respectively, every person playing or betting 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, every person having in his or her custody or possession any picklock key, crow, jack, bit, or other implement with intent feloniously

[notes in margin:] Is this abandonment frequent?

Does this apply

Last edit 9 months ago by Bruce Laidlaw
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to break into any Dwelling house warehouse coachhouse stable or outbuilding 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, every person being found in or upon any Dwelling house Warehouse Coachhouse stable or out house or in any inclosed Yard Garden or Area for any unlawful purpose, every suspected person or reputed thief frequenting any river canal or navigable stream dock or basin on any quarry 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 and every person apprehended (as an idle and disorderly) [underlined] person [underlined] and violently resisting any Constable or other police 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 vagabond within the true intent and meaning of this Act. And it shall be lawful for any Justice of the Peace to commit such Offender /being there convicted before him

[notes in margin] Does this apply in such a degree as to render a law necessary? The multiplication of penal statues shd be carefully avoided.

This refers to the first clause of this act which I do not consider applies to the circumstances of the Colony.

Last edit 9 months ago by Bruce Laidlaw
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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 in the said Colony as the house of Correction there to be kept to hard labour for any time not exceeding these Calendar months and every such picklock 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 the Kings Majesty.

And be it further Enacted that every person breaking and 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, 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 police officer so apprehending him or her, and being subsequently convicted of the

[notes in the margin]

These offences may be punished by the Common Law & Statute.

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offence for which he or she shall have been so apprehanded shall be deemed an incorrigible rogue within the true 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 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 remain until the next Quarter Sessions of the peace to be held in the district wherein or nearest to where the said offence shall be committed, and every such offender, who shall be so committed to Gaol as aforesaid shall be there kept to hard labour during the period of his or her imprisonment.

4 And be it further Enacted that it shall be lawful for any person whatsoever to apprehend any person who shall be found offending against this Act and forthwith to take and convey him or her before some justice of the peace to be dealt with in such manner as is hereinbefore directed or to deliver him or her to any Constable or other peace Officer of the place where he or she shall have been apprehended to be so taken and conveyed as aforesaid. And in Case

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any Constable or other peace Officer shall refuse or wilfully neglect to take such Offender into his custody, and to take and convey him or her before some justice of the peace or shall not use his best endeavors to apprehend, and convey before some Justice of the Peace, any person that he shall find offending against this Act, it shall be deemed a neglect of duty in such Constable, or other peace officer, and he shall on conviction be punished in such manner as is hereinafter mentioned.

5 And be it further Enacted that it shall be lawful for any 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 Justice of the peace the person so charged for examination and inquiry respecting the same and upon conviction thereof to be dealt with as is directed by this Act.

6 And be it further Enacted that it shall be lawful for any Constable peace officer or other person apprehending any person charged with being an idle and disorderly person or a Rogue and “Vagabond or an incorrigible rogue to take any horse, mule, ass, cart,

[notes in margin] None of this seems to me to apply to the case of this Colony.

Last edit 9 months ago by Bruce Laidlaw
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