33054-002202

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Car, caravan or other vehicle or goods in the possession or use of such person and to take and convey the same as well as such person before some Justice of the peace and for every Justice of the peace by whom any person shall be adjudged to be an idle and disorderly person or a rogue and a vagabond or an incorrigible rogue to order that such Offender shall be searched and that his or her trunks, boxes, bundles, parcels or packages shall be inspected in the presence of the said Justice and of him or her and also that any Cart Car Caravan or other vehicle which may have been found in his or her possession or use shall be searched in his or her presence. And it shall be lawful for the said Justice to order that any money which may be then found with or upon such offender shall be paid for and towards the expense of apprehending and Conveying to the house of Correction and maintaining such Offender during the term for which he or she shall have been committed and if upon such search money sufficient for the purposes aforesaid shall not be found it shall be lawful for such justice to order that a part or if necessary the whole of such other effects then found shall be sold and that the produce

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of such sale shall be paid and applied as aforesaid and also that the overplus of such money or effects after deducting the charges of such sale shall be returned to such Offender.

7 And be it further Enacted that when any Justice as aforesaid shall commit any such incorrigible rogue to any of His Majestys Gaols as a house of correction there to remain till the next Quarter sessions 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 recognizances as hereinafter directed to prosecute such Appeal such Justice shall require the person by whom such Offender shall be apprehended and the person 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 His Majesty his heirs and successors to appear at the said Quarter Sessions to give evidence against such Offender touching such Offence. And in Case any such person or persons as aforesaid shall refuse to enter into such recognizance it shall be lawful for such Justice to commit such person or persons to refusing to the Common Gaol there to

[notes in margin] Machinery for executing the preceding Enactments.

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50 remain until he she or they shall enter into such recognizance or shall be otherwise discharged by due course of Law.

And be it further enacted that when any incorrigible rogue shall have been committed to any of His Majestys Gaols as a House of Correction there to remain until the next Quarter sessions it shall be lawful for the justices of the peace there assembled to examine into the circumstances of the Case And in order if they think fit that such offender be further imprisoned therein and be kept to hard labour for any time not exceeding one year from the making such order and to order further if they think fit that such Offender (not being a female) be punished by whipping at such time during his imprisonment and at such place as according to the nature of the Offence they in their discretion shall deem to be expedient.

And be it further Enacted that in Case any constable or other peace Officer shall neglect his duty in any thing required of him by this Act or in case any person shall disturb or hinder any Constable or other peace Officer in the Execution of this Act or shall be aiding abetting or assisting therein And shall

[margin] same as seven

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thereof be convicted upon the Oath of One or more credible witness or Witnesses before one or more Justice or Justices of the peace where such offence shall be committed every such Offender shall for every such offence forfeit any such sum not exceeding five pounds as the said Justice or Justices shall in his or the discretion award And in Case such offender shall neglect or refuse forthwith to pay such sum so forfeited it shall be lawful to and for such Justice or Justices to commit the person so offending to His Majestys Gaol as the house of Correction there to be kept for any time not exceeding three Calendar months or until such fine be paid.

And be it further Enacted that all necessary expenses usually allowed to Prosecutors and witnesses attending on the part of the prosecution of Offenders before the Quarter Sessions of the peace shall on the prosecution of any Offenders under this Act (such Offender or Offenders being convicted on on the hearing and determining any Appeal) such Appeal being for any Cause dismissed or the judgment of the Justice or justices out of sessions against whose determination such Appeal shall have been made being

[margin] 10

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affirmed) be allowed and paid to the prosecutors and Witnesses attending such General Quarter sessions on any trial, hearing, or appeal which shall or may come before and be heard and determined by such General Quarter sessions.

And be it further enacted that it shall be lawful for any Justice of the peace upon information on both before him made that any person hereinbefore described to be an idle and disorderly person or a rogue and vagabond or an incorrigible rogue is, or is reasonably suspected to be harboured or concealed in any house kept or purporting to be kept for the reception lodging or entertainment of Travellers by warrant under his hand and Seal to authorise any Constable or other person or persons to enter at any time into such house and to Apprehend and bring before him or any other Justice of the peace every such idle and disorderly person rogue and vagabond and incorrigible Rogue as shall be found therein to be dealt with in the manner hereinbefore directed .

And be it further enacted that any person aggrieved by any Act or determination of any Justice a justices of the peace out of sessions in or concerning the execution be this Act may Appeal to the next General

[right margin] This is one of the best clauses in the Act that depends in great measure upon the 1st 2nd and 3rd by which the descriptions of Idle[underlined] and disorderly person.[underlined] and Rogue & Vagabond[underlined] end Incorrigible Rogue[underlined] and Vagabond, are established.

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