Punishment. Persons advising Children or others to commit Thefts. Punishment. Accessories before the Fact, Court by or before which he, she or they shall be convicted, be ordered and adjudged to be transported beyond the Seas for any Term not exceeding Fourteen Years, or to be imprisoned only, or to be imprisoned or kept to hard Labour, in the Common Gaol, House of Correction or Penitentiary House, for any Term not exceeding Three Years. III. And Whereas Children, Servants and others, are often induced to commit Thefts, by the Persuasion, Instigation or • Commands of wicked and evil disposed Persons, who, not being present, aiding and assisting in the Commission of such Thefts, frequently escape the Punishment which so mischievous an Offence demands;' Be it therefore further enacted, That from and after the passing of this Act, if any Person or Persons shall counsel, hire, procure or command any other Person or Persons to commit any Larceny whatsoever of the Degree of Grand Larceny, then and in every such Case, if the Person or Persons so counselling, hiring, procuring or commanding as aforesaid, shall be convicted of Felony, and shall be entitled to the Benefit of Clergy, and by the Laws now in force shall be liable to be fined and imprisoned for any Term not exceeding One Year only, he, she or they, instead of being so fined and imprisoned as aforesaid, may, at the Discretion of the Court by or before which any such Offender shall be convicted, be ordered and adjudged to be transported beyond the Seas for the Term of Seven Years, or to be imprisoned only, or to be imprisoned and kept to hard Labour, in the Common Gaol, House of Correction or Penitentiary House, for any Term not exceeding Three Years. IV. And for the due Punishment of Accessories before the Fact to Burglary, Robbery and Larceny, in Cases where the principal Offenders shall not have been discovered, or shall be con'cealed, or not be amenable to Justice;' Be it further enacted, That in certain Cases. from and after the passing of this Act, if any Person or Persons shall counsel, hire, procure or command any other Person or Persons to commit any Burglary, Robbery or Larceny whatsoever, of the Degree of Grand Larceny, then and in any such Case (except where the Person or Persons actually committing any such Felony as aforesaid shall have been actually convicted thereof) the Person or Persons so counselling, hiring, procuring or commanding as aforesaid, shall be held and deemed guilty of and may be prosecuted for a Misdemeanor, and being convicted thereof shall be liable to be imprisoned only, or to be imprisoned and kept to hard Labour, in the Common Gaol, House of Correction or Penitentiary House, for any Term not exceeding Two Years, although the principal Felon or Felons be concealed or be conveyed away, or be not before convicted of any such Felony as aforesaid, and whether he, she or they is or are amenable to Justice or not; any Law or Statute to the contrary notwithstanding: Provided always, that any such Offender, after having been prosecuted and convicted under this Act, shall not for the same Offence be afterwards punished, or liable to be punished, as an Accessory before the Fact, the principal Felon or Felons shall be afterwards convicted. Punishment. Proviso as to Double Punishment. САР. CAP. XXXIX. An Act for preventing Frauds upon Creditors, by Secret Warrants of Attorney to confess Judgment. [24th June 1822.] W HEREAS Injustice is frequently done to Creditors by Secret Warrants of Attorney to confess Judgments for securing the Payment of Money; whereby Persons in a State of Belkin & Insolvency are enabled to keep up the Appearance of being in ' good Circumstances, and the Persons holding such Warrants of Personal Ac Attorney have the Power of taking the Property of such In-Scott N6231. 'solvents in Execution at any Time, to the Exclusion of the rest ' of their Creditors:' For Remedy whereof, be it enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That from and after the Twenty ninth Day of September Warrants of next, if the Holder thereof shall think fit, every Warrant of At- Attorney in torney to confess Judgment in any Personal Action, or a true Copy tions to be filed thereof, and of the Attestation thereof, and the Defeasance and within 21 Days. Indorsements thereon, in case such Warrant of Attorney shall be given to confess Judgment in His Majesty's Court of King's Bench, at Westminster, or such a true Copy thereof as aforesaid, in case such Warrant of Attorney shall be given to confess Judgment in any other Court, shall, within Twenty one Days after the Execution of such Warrant of Attorney, be filed, together with an Affidavit of the Time of the Execution thereof, with the Clerk of the Docquets and Judgments in the said Court of King's Bench. In what Case Warrant of Attorney, &c. deemed fraudulent and void. 740,46. II. And be it further enacted, That from and after the said Twenty ninth Day of September next, if at any Time after the Expiration of Twenty one Days next after the Execution of such Warrant of Attorney, a Commission of Bankrupt shall be issued against the Person who shall have given such Warrant of Attorney, under which he shall be duly found and declared a Bankrupt, then and in such Case, unless such Warrant of Attorney or a Copying. thereof, shall have been filed as aforesaid, within the said Space of Twenty one Days from the Execution thereof, or unless Judgment shall have been signed, or Execution issued on such Warrant of Attorney within the same Period, such Warrant of Attorney and the Judgment and Execution thereon, shall be deemed fraudulent and void against the Assignees under such Commission, and such Assignees shall be entitled to recover back and receive, for the Use of the Creditors of such Bankrupt at large, all and every the Monies levied or Effects seized under and by virtue of such Judgment and Execution. III. And Whereas the Object of the said Provsion may be de'feated by any Person giving a Cognovit Actionem instead of a Warrant of Attorney to confess Judgment;' Be it further enacted, That every Cognovit Actionem, given by any Defendant in any Per- Cognovit sonal Action, in case the Action in which such Cognovit Actionem Actionem to be shall be given shall be in the said Court of King's Bench, or a true Copy of such Cognovit Actionem in case the Action wherein the void against same is given shall be in any other Court, shall, together with an Creditors. K 2 Affidavit filed in like Defeasance of Warrant of written on same Only applies / 10 B. &C. 500. Officer of Court to keep a Book ticulars of each Fee. Fee for filing. Office Copies had on paying for. Satisfaction Affidavit of the Time of the Execution thereof, be filed with the said Clerk, in like manner as such Warrants of Attorney, or Copies thereof and Affidavits, within the Space of Twenty one Days after such Cognovit Actionem shall have been executed, otherwise such Cognovit Actionem, and any Judgment entered up thereon, and any Execution taken out on such Judgment, shall be deemed fraudulent and void against the Assignees of the Person giving such Cognovit Actionem, under a Commission of Bankrupt issued against him, after the Expiration of the said Space of Twenty one Days, in like manner as Warrants of Attorney, and Judgments and Executions thereon, are deemed and taken to be fraudulent and void by this Act. IV. And be it further enacted, That if such Warrant of Attorney or Cognovit shall be given subject to any Defeasance or Condition, such Defeasance or Condition shall be written on the same Paper or Parchment on which such Warrant of Attorney or Cognovit Actionem shall be written, before the Time when the same or a Copy thereof respectively shall be filed, otherwise such Warrant of Attorney or Cognovit Actionem shall be null and void to all Intents and Purposes. V. And be it further enacted, That the said Officer of the said Court of King's Bench shall cause every Warrant of Attorney and Cognovit Actionem in any Personal Action, and every Copy thereof, filed in his said Office, to be numbered, and shall keep a Book or Books in his said Office, in which he shall cause to be fairly entered an alphabetical List of every such Warrant of Attorney or Cognovit, containing therein the Names and Additions and Descriptions of the respective Defendants or Persons giving such Warrants of Attorney or Cognovits, and also the Names, Additions and Descriptions of the Plaintiff or Persons in whose Favour the same shall have been given, together with the Number and the Dates of the Execution and Filing of the same, or of a Copy thereof respectively, and the Sums for which Judgment is to be entered up, and also the Sums which are specified to be paid by the Defeasances or Conditions in each Warrant of Attorney or Cognovit Actionem, and the Times when the same are thereby made payable, according to the Form contained in the Schedule to this Act; which said Book or Books, and every Warrant of Attorney and Cognovit Actionem, or Copy thereof, filed in the said Office, shall be searched and viewed by all Persons at all seasonable Times, paying to the Officer for every Search against One Person, the Sum of Six Pence, and no more. VI. And be it further enacted, That the said Officer shall be entitled to receive, for his Trouble in filing and entering such Warrant of Attorney or Cognovit, or a Copy thereof as aforesaid, the Sum of One Shilling and no more. VII. And be it further enacted, That any Person shall be entitled to have an Office Copy of each Warrant of Attorney or Cognovit Actionem, or of the Copy thereof, filed as aforesaid, upon paying for the same at the like Rate as for Office Copies of Judgments in each of such Courts respectively. VIII. And be it further enacted, That it shall be lawful for any of the Judges of the Court in which such Warrant of Attorney or Cognovit Actionem is given, to order a Memorandum of Satisfaction to be written upon such Warrant of Attorney, Cognovit Actionem or Copy thereof respectively, as aforesaid, if it shall appear to to him that the Debt for which such Warrant of Attorney or Cog- An Act for consolidating into One Act and amending the HEREAS it is expedient to amend the several Laws now in Force relating to idle and disorderly Persons, Rogues ' and Vagabonds, incorrigible Rogues and other Vagrants in Eng'land; and it would tend to simplify the same, if the several Provi'sions relating to such Offenders were consolidated into one Act:* Be it therefore enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That all Provisions heretofore made and Former Provinow in Force relative to idle and disorderly Persons, Rogues and sions relating to Vagabonds, incorrigible Rogues or other Vagrants, in England, or Rogues, &c. repealed. any or either of such Offenders, shall be and the same are hereby repealed: Provided always, that nothing in this Act contained Proviso for Reshall in any wise be deemed to alter any Law now in Force for the moval of PerRemoval of poor Persons born in Scotland, Ireland or the Isles of sons born in Man, Jersey and Guernsey, and becoming chargeable to Parishes Scotland, &c. in England, such Persons not having committed Acts of Vagrancy as hereinafter described, nor any Law now in Force relating to Lunatic Vagrants. K 3 II. And Threatening to run away and leave Wife or Children. Refusing to work. Returning without Certificate. Common Prostitutes, &c. Punishment. Certain Of fenders herein described, II. And be it further enacted, That all Persons who threaten to run away and leave their Wives or Children chargeable to any Parish, Township or Place; all Persons who, being able to work, and thereby or by other Means to maintain themselves and Families, shall wilfully refuse or neglect so to do, by which Default or Neglect they or any of them shall become chargeable to any Parish, Township or Place; and all Persons who shall return to any Parish, Township or Place from whence they have been legally removed by Order of Two Justices of the Peace, and shall there become chargeable, without producing a Certificate owning them to be settled elsewhere; and all common Prostitutes or Night Walkers wandering in the public Streets or public Highways, not giving a satisfactory Account of themselves, shall be deemed idle and disorderly Persons; and it shall and may be lawful for any Justice of the Peace to commit such Offenders (being thereof convicted before him, by his own View, or by his, her or their own Confession, or by the Oath of One or more credible Witness or Witnesses,) to the House of Correction, there to be kept to hard Labour for any Time not exceeding One Calendar Month. III. And be it further enacted, That all Persons going about as Gatherers of Alms, under false Pretence of Loss by Fire or by other Casualty, or as Collectors under any false Pretence, all Beardeemed Rogues wards, all common Stage Players, and all Persons who shall for Hire, and Vagabonds. Gain or Reward, act, represent or perform, or cause to be performed, any Interlude or Entertainment or Entertainments of the Stage, or any Part or Parts therein, such Persons not being authorized by Law; all Persons pretending to be Gipsies; all Persons pretending to tell Fortunes, or using any subtle Craft, Means or Device, by Palmistry or otherwise, to deceive and impose on any of His Majesty's Subjects, or playing or betting at any unlawful Game; and all Persons who run away and leave their Wives or Children chargeable to any Parish, Township or Place; and all Petty Chapmen and Pedlars wandering abroad, not being duly licensed, or otherwise authorized by Law; and all Persons wandering abroad, and lodging in Alehouses, Barns, Outhouses, or in the open Air, or under Tents, or in Carts or Waggons, and not giving a good Account of themselves; and all Persons openly exposing or exhibiting in any Street, Road, Public Place or Highway any indecent Exhibition, or openly and indecently exposing their Persons; and all other Persons wandering abroad, or placing themselves in Streets, Public Places, Highways, Courts or Passages to beg or gather Alms, or causing or procuring or encouraging any Child or Children so to do, or endeavouring, by the Exposure of Wounds or Deformities, to effect the same Purpose; and all Persons who shall be apprehended having in Possession any Picklock Key, Crow, Jack, Bit or other Implement with Intent feloniously to break and enter into any Dwellinghouse, Warehouse, Coachhouse, Stable or Outbuilding, or having in Possession any Gun, Pistol, Hanger, Cutlass, Bludgeon or other offensive Weapon, with Intent to assault any Person or Persons, or commit any other illegal Act, or who shall be found in or upon any Dwellinghouse, Warehouse, Coachhouse, Stable or Outhouse, or Area, or in any inclosed Yard, Garden or Place, and shall not be able to give a good Account of themselves, or who shall frequent any River, Canal or navigable Stream, Dock or Basin, or any Quay |