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5 G. 4. c. 83.

such person

for any

every

shall be deemed to be a rogue and vagabond, and shall be punished accordingly. § 15.

After the passing of this act, no justice of peace, mayor, or other magistrate, shall grant to any person other than a person entitled thereto under the 43 Geo. 3. intituled “ An Act for the Relief of Soldiers, Sailors, and Marines, and of the Wives of Soldiers in the Cases therein mentioned, so far as relates to England,” any certificate or other instrument enabling such person to ask alms or relief in their route to any place, or

other purpose whatever ; and every person asking alms or relief under and by virtue of any certificate or other instrument hereby prohibited, liable to be declared to be an idle and disorderly person, in like manner as if he or she had possessed no such certificate or other instrument as aforesaid. $ 16.

And no proceeding before any justice of the peace, under the provisions of this act, shall be quashed for want of form; and

every
conviction of

any

offender as an idle and disorderly person, or as a rogue and

vagabond, or as an incorrigible rogue, under this act, shall be in the form or to the effect following ; (that is to say)

FORM OF CONVICTION.

Convic

tion.

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? BE it remembered, That on the day to wit, ' of

in the year of our Lord at in the county of A B is convicted before me C D, one of his majesty's justices of the « in and for the said county, of being an idle and dis

orderly person for a rogue and vagabond, or an in

6

c. 83.

day of

at

corrigible rogue) within the intent and meaning of the 5 G. 4. • statute made in the fifth year of the reign of his ma' jesty King George the Fourth, intituled, [here insert the title of this act ;] that is to say, for that the said 6 A B on the

in the said county, [here state the offence proved before the magistrate,] and for which said offence the said A B is • ordered to be committed to the house of correction " at there to be kept to hard labour for the space 6 of [or, until the next general or quarter ses• sions.] Given under my hand and seal the day, year, ' and at the place first abovewritten.'

And the justice or justices of the peace before whom any such conviction shall take place, shall transmit the said conviction to the next general or quarter sessions of the peace, there to be filed and kept on record; and a copy of the conviction so filed shall be read as evidence in any court of record, or before any justice of the peace acting under the powers and provisions of this act. § 17.

Action against Justices, &c.

And in all cases where an action shall be brought against any justice of the peace, constable, or other person, on account of any matter or thing done or commanded by him in the execution of his duty or office under this act, such justice, constable, or other person, if he shall have judgment in his favour, shall have treble costs, unless the judge shall certify that there was a reasonable cause for such action. § 18.

And every such action shall be commenced within

5 G.4. c. 83.

three calendar months after the cause of action or complaint shall have arisen ; and if any person shall be sued for any matter or thing which he or she shall have done in the execution of this act, he or she may plead the general issue, and give the special matter in evidence. $ 19.

Persons convicted to be deemed actually chargeable.

And every person who under the provisions of this act shall have been convicted as an idle and disorderly person, or as a rogue and vagabond, shall be deemed to be actually chargeable to the parish, township, or place in which such person shall reside; and such person shall be liable to be removed to the parish of his or her last legal settlement, by the order of two justices of the peace of the division or place in which such person shall reside. $ 20.

Wherever by any act or acts of parliament now in force, it is directed that any person shall be punished as idle and disorderly person, or as a rogue and vagabond, or as an incorrigible rogue, in every such case, whether such person shall or shall not have committed any offence against this act, every such person shall be punished under the provisions, powers, and directions of this act. § 21.

Nothing herein contained shall be construed to-extend or apply to Scotland or Ireland; nor to alter any law now in force for the removal of poor persons born in Scotland, Ireland, or the Isles of Man, Jersey, and Guernsey, and becoming chargeable to parishes in England, such persons not having committed acts of vagrancy as hereinbefore described ; nor to alter

any

Jaw now in force relating to lunatic vagránts. $ 22.

205

THE RIOT ACT.

1 Geo. 1. stat. 2. cap. 5.

Twelve persons or more unlawfully assembling, and not

dispersing after being commanded by one justice by proclamation.

Whereas of late many rebellious riots and tumults have been in divers parts of this kingdom, to the disturbance of the public peace, and the endangering of his majesty's person and government, and the same are yet continued and fomented by persons disaffected to his majesty, presuming so to do, for that the punishments provided by the laws now in being are not adequate to such heinous offences; and by such rioters his majesty and his administration have been most maliciously and falsely traduced, with an intent to raise divisions, and to alienate the affections of the people from his majesty: Therefore for the preventing and suppressing of such riots and tumults, and for the more speedy and effectual punishing the offenders therein ; be it enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and of the commons, in this present parliament assembled, and by the authority of the same, That if any persons, to the number of twelve (a) or more, being unlawfully, riotously, and tumultuously assembled together, to the disturbance of the public peace, at any time after the last day of July in the year

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1 G. 1. of our Lord one thousand seven hundred and fifteen, st. 2. c.5. and being required or commanded by any one or more

justice or justices of the peace, or by the sheriff of the county, or his under sheriff, or by the mayor, bailiff or bailiffs, or other head officer, or justice of the peace

of any city or town corporate, where such assembly shall be, by proclamation to be made in the king's name, in the form hereinafter directed, to disperse themselves, and peaceably to depart to their habitations, or to their lawful business, shall, to the number of twelve or more, (notwithstanding such proclamation made), unlawfully, riotously, and tumultuously, remain or continue together, by the space of one hour after such command or request made by proclamation, that then such continuing together to the number of twelve or more, after such command or request made by proclamation, shall be adjudged felony without benefit of clergy, and the offenders therein shall be adjudged felons, and shall suffer death as in case of felony without benefit of clergy. § 1.

How the proclamation shall be made.

And be it further enacted by the authority aforesaid, That the order and form of the proclamations that shall be made by the authority of this act, shall be as hereafter followeth; that is to say, the justice of the peace, or other person authorised by this act to make the said proclamation, shall, among the said rioters, or as near to them as he can safely come, with a loud voice com. mand, or cause to be commanded, silence to be while proclamation is making, and after that, shall openly

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