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Odger's English Common Law

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HABITUAL DRUNKENNESS. 231<br />

But the jury have to find specifically that the prisoner is<br />

an habitual drunkard. The prosecution must prove at least<br />

three convictions for drunkenness within the twelve months<br />

preceding the date of the offence upon which the prisoner is<br />

being tried, and also that in consequence of intemperance he<br />

is at times dangerous to himself, his children or to others,<br />

and incapable of managing his affairs.<br />

Where either a married man or woman is an habitual<br />

drunkard within the above definition, the wife or husband<br />

can obtain a separation order from a Court of summary<br />

jurisdiction. 1<br />

The Vagrancy Acts.<br />

Many offences against morality and public decency in our<br />

streets and public places are dealt with by the Yagrancy<br />

Acts, 1824— 1898. 2<br />

Under these Acts persons committing certain offences may<br />

be deemed to be :<br />

—<br />

(i.) " Idle and disorderly persons ;<br />

(ii.) " Rogues and vagabonds ; " or<br />

(iii.)<br />

" Incorrigible rogues."<br />

(i.) " Idle and disorderly persons " are 3 :<br />

(a) Persons who, though able to maintain themselves and<br />

families, wilfully refuse or neglect to do so, and become<br />

chargeable to the parish or township.<br />

(b) Petty chapmen or pedlars wandering abroad or trading<br />

without being licensed or authorised by law.<br />

(c) <strong>Common</strong> prostitutes found wandering in the streets or<br />

in places of public resort and behaving in a riotous or indecent<br />

manner.<br />

(d) Beggars in public places, or those who encourage<br />

children to beg.<br />

Such persons are liable to one month's hard labour on<br />

conviction as " idle and disorderly persons," or to a fine not<br />

exceeding £5. 4<br />

1 2 Edw. VII. c. 28, s. 5.<br />

» 6 Geo. IV. o. 83 ; 1 & 2 Vict. c. 38 ; 28 & 29 Vict. c. 79 ; 36 * 37 Vict<br />

c. 38 ; 61 & 62 Vict. c. 39.<br />

8 6 Geo. IV. c. 83, s. 3.<br />

"<br />

—<br />

* Summary Jurisdiction Act, 1879 (42 & 43 Vict. c. 49), s. 4.

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