Act No. 74, 1902.

An Act to consolidate the Acts for the prevention of Vagrancy.    [11th September, 1902.]

“BE it enacted by the King's -Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the.authority of the same, as follows :—

Preliminary and Interpretation.

1.   This Act may be cited as the "Vagrancy Act, 1902.''             

2.   The Vagrancy Act, 1901, is hereby repealed.                             

3.   In this Act, unless the context or subject matter otherwise indicates or requires,—                                                                                    

" Aboriginal" means an aboriginal native of New South Wales. " Idle or disorderly person " means every person who commits any offence mentioned in subsection one of section four. 'Incorrigible   rogue"   means   every  person  who   commits   any offence mentioned in subsection three of section four.

" Justice " means justice of the peace.

" Rogue and vagabond " means every person who commits any

offence mentioned in subsection two of section four.

Offences

4.  (1) Whosoever-

(a)  having no  visible lawful means of  support, or insufficient lawful means, does not, on being required by or summoned to  appear or brought before a justice in pursuance of the provisions of this Act, give a good account of his means of support to the satisfaction of the justice ;

(b)  not being an aboriginal, or the child of an aboriginal, lodges or wanders in company with any aboriginal, and does not, on being required by a justice, give to his satisfaction a good account that he has a lawful fixed place of residence in New South Wales and lawful means of support, and that he so lodged or wandered for some temporary and lawful occasion only, and did not continue so to do beyond such occasion;

(c)  being a  common prostitute, wanders in any  street or public

highway, or is in any place of public resort, and in either case behaves in a riotous or indecent manner ;

(d)    being a habitual drunkard, thrice convicted of drunkenness "within the preceding twelve months, behaves in a riotous or indecent manner in any street, public highway, or place of public resort;                                                                

(e)  is the holder of a house frequented by reputed thieves or persons who have no visible lawful means of support

(f) is found in a house frequented by reputed thieves, or persons who have no visible lawful means of support in company with reputed thieves or such persons, and who does not on being required by a justice give to his satisfaction a good account of his lawful means of support, and of his being in such house on a lawful occasion ;

(g) wanders abroad, or places himself in a public place, street, highway, court, or passage to beg or gather alms :

(h) causes, procures, or encourages any child to wander abroad, or place himself in a public place, street. Highway, court or passage to beg or gather alms,

shall, on conviction before any justice, by his own view or be liable to imprisonment with hard labour for a term not exceeding six months.

(2) Whosoever—

(a)  having been convicted under this or any former Act of any such offence as is mentioned in the last afterwards commits any offence as in mentioned ….;

(b)   goes about gathering alms under false pro

or other casualty, or as collector under nr

(c)  imposes or endeavours to impose upon any charitable institution ….or private individual, by false or fraudulent representation, with a view to obtain money or other benefit or advantage

(d)  wilfully and obscenely exposes his person in view of  any street, road, or public highway, or any place of public resort;

(e)  plays or bets at any unlawful game

(f) plays or bets 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

(g) has in his custody or possession any implement with intent feloniously to break into any dwelling-house, warehouse, coachhouse, stable or out-building ;

(h) is armed with any offensive weapon, or has upon him any instrument, with intent to commit any felonious act ;

(i) having any unlawful purpose is found in any dwelling-house, warehouse, coachhouse, stable, or outhouse, or in any enclosed yard, garden, or area, or on board any ship or vessel in any port, harbour, or place within New South "Wales;

(j) being a suspected person or reputed thief frequents any river, canal, or navigable stream, dock or basin, or any quay, wharf, or warehouse near or adjoining thereto, or any street,

highway … &c., &c.”