"(1) If a person habitually wanders from place to place, and takes
with him any child above the age of five, he shall, unless he proves
that the child is totally exempted from school attendance, or that the
child is not, by being so taken with him, prevented from receiving
efficient elementary education, be liable on summary conviction to a
fine not exceeding, with costs, 20s., and shall, for the purposes of
the provisions of this Act relating to the descriptions of children
who may be sent to a certified industrial school, be deemed not to
be exercising proper guardianship over the child;[91] provided that
this provision shall not apply to a child in a canal boat for whose
education provision is made under the Canal Boats Act, 1877, as amended
by any subsequent enactment.
[Footnote 91: _Inter alia_, children "found wandering, and not having
any home or settled place of abode or visible means of subsistence,"
or "found wandering and having no parent or guardian, or a parent or
guardian who does not exercise proper guardianship" (Section 58, _b_).]
"(2) Any constable who finds a person wandering from place to place and
taking a child with him may, if he has reasonable ground for believing
that the person is guilty of an offence under this section, apprehend
him without a warrant, and may take the child to a place of safety in
accordance with the provisions of Part II. of this Act, and that Part
shall apply accordingly as if an offence under this Section were an
offence under that Part.
"(3) Without prejudice to the requirements of the Education Acts,
1870 to 1907, as to school attendance, or to proceedings thereunder,
this section shall not apply during the months of April to September
inclusive to any child whose parent or guardian is engaged in a trade
or business of such a nature as to require him to travel from place to
place, and who has obtained a certificate of having made not less than
200 attendances at a public elementary school during the months of
October to March immediately preceding, and the power of the Board of
Education to make regulations with respect to the issue of certificates
of due attendance for the purposes of the Education Acts, 1870 to
1907, shall include a power to make regulations as to the issue of
certificates of attendance for the purposes of this Section."
Further (Section 75), if children are sent to certified industrial
schools under this Section their parents or guardians may be required
to contribute towards their maintenance.
APPENDIX II.
SPECIMEN WAY-TICKETS.
I.--WAY-TICKET USED IN GLOUCESTERSHIRE.
_Front of Ticket._
==========================================================================
_Counterfoil._
COUNTY OF GLOUCESTER.
PASS NO. . PASS NO.-------CHELTENHAM UNION-------day of--------190
.
Name . Name---------------- Occupation-------------------------
.
Occupation . Age-----Height-----Hair-----Eyes-----Complexion----------
.
Age . Other distinguishing marks-------------------------------
.
Height . Came from-----------------Final Destination--------------
.==========================================================
Hair . | Arrival. | Departure. |
. Unions | | |
Eyes . on Road.| Date. Hour.| Date. Hour.| Signature of Master.
.---------+-----+------+-----+------+----------------------
Complexion . | | | | |
.---------+-----+------+-----+------+----------------------
Other . | | | | |
distinguishing.---------+-----+------+-----+------+----------------------
marks . | | | | |
.---------+-----+------+-----+------+----------------------
. | | | | |
.---------+-----+------+-----+------+----------------------
. | | | | |
.==========================================================
Date of . Date.| Bread Station | Bread | Hour.| Signature
Arrival . | for the Day. | given.| | of Constable.
.------+---------------+-------+------+--------------------
Date of . | | | |
Departure .------+---------------+-------+------+--------------------
. | | | |
Going from .------+---------------+-------+------+--------------------
. | | | |
Final .------+---------------+-------+------+--------------------
Destination . | | | |
==========================================================================
_Back of Ticket._
+=======================================================================+
| . |
| . CASUAL WARD ADMISSION TICKET. |
| . |
| . NO OF PASS_________________ |
| . Admit__________________________ as described on the other |
| . side as being examined and registered by me. |
| .-----------+--------------------------+---------+---------------|
| . Unions. | Relieving Officer's | Hour of |Date and Place.|
| . | Signature. | Issue. | |
| .-----------+--------------------------+---------+---------------|
| .CHELTENHAM.| | | |
| .-----------+--------------------------+---------+---------------|
| . | | | |
| .-----------+--------------------------+---------+---------------|
| . | | | |
| .-----------+--------------------------+---------+---------------|
| . | | | |
| .-----------+--------------------------+---------+---------------|
| . | | | |
| .-----------+--------------------------+---------+---------------|
| . | | | |
| .-----------+--------------------------+---------+---------------|
| . | | | |
| .-----------+--------------------------+---------+---------------|
| . | | | |
| .----------------------------------------------------------------|
| . This ticket must be kept, and must be presented to and signed |
| . by the Relieving Officer of Vagrants for each Union at which |
| . shelter is required. |
+=======================================================================+
II.--WAY-TICKET OF THE GERMAN TRAVELLERS' HOSTEL ASSOCIATION (ISSUED
IN THE FORM OF A BOOK).
Surname of Owner ............................................
Christian Name .............................................
Born........................ 19......
at.......................... District ...................
Trade....................... Religious Confession........
Description--
Height...................... Hair........................
Eyes........................ Shape of face...............
Special characteristics .....................................
-------------------------------------------------------------
OWNER'S AUTOGRAPH SIGNATURE
AND PLEDGE.
The undersigned pledges himself by his signature to
use this way-ticket according to the regulations, and
when using the Stations to observe the travelling and
labour regulations printed at the close of this book.
(_Signed_)...........................................
-------------------------------------------------------------
Observations of the Relief Station or Police Authorities
regarding papers of identification, extra task
work, etc. ..................................................
............................................................
-------------------------------------------------------------
Issued after production of the following papers of
identification:--Removal certificate, insurance receipt
card, labour certificate.
(Officer to strike out the words which do not apply).
Issued in the absence of papers of identification as
above, after the fulfilment of regulation 3 _d_, and _e_.
(Travelling and Labour Regulations).
Place of issue................. District ...............
Date ..........................
+---------+
| |
| | Signature of Officer.
| Stamp. |
| | ............................................
| |
+---------+
Observations of the Station or Police Authorities............
.............................................................
.............................................................
CERTIFICATES OF WORK OR SICKNESS.
The periods and places of employment or of sickness may be briefly
noted here on the production of reliable evidence.
------------+------------+------------+----------------
| | | Remarks or
From. | To | At | Stamp.
------------+------------+------------+----------------
| | |
| | |
| | |
| | |
------------+------------+------------+----------------
TRAVELLING STAMP.
To be entered in the order of the numbers with the date of departure.
Where the sojourn was for more than one day, a stamp to be recorded for
each day.
--------------------------+--------+------------------
Stamp of the Station | (Hour) | Departure for
of Issue. | ...... | .............
+--------+------------------
|
|
|
|
1. | 2.
-------+------------------+--------+------------------
(Hour) | Departure for | (Hour) | Departure for
...... | ............... | ...... | ..............
-------+------------------+--------+------------------
|
|
|
|
3. | 4.
--------------------------+---------------------------
APPENDIX III.
BELGIAN LAW OF NOVEMBER 27, 1891, FOR THE REPRESSION OF VAGRANCY AND
BEGGING.
Art. 1. For the repression of vagrancy and begging, the Government
shall organise institutions of correction under the name of "dépôts
de mendicité," "maisons de refuge" and charity schools (écoles de
bienfaisance).
Art. 2. The institutions of correction mentioned in the preceding
Article shall be exclusively devoted to the confinement of persons whom
the judicial authority shall place at the disposal of the Government to
be shut up in a "dépôt."
The "maisons de refuge" mentioned in the same Article shall be
exclusively devoted to the confinement of persons whom the judicial
authority shall place at the disposal of the Government to be confined
there, and persons whose confinement is requested by the authority of
the commune.
The charity schools shall be devoted to persons who are under eighteen
years of age and have been placed by the judicial authority at the
disposal of the Government, or whose admission has been applied for by
the authority of the commune.
Art. 3. Persons over eighteen years of age, whose confinement in
a "maison de refuge" has been applied for by the authority of the
commune, shall be admitted when they present themselves voluntarily,
provided with the copy of the order of the burgomaster and alderman
authorising their admission.
Art. 4. When confinement in a "maison de refuge" has been requested by
a communal authority, the costs of maintenance shall be charged to the
commune.
Art. 5. Persons under twenty-one years of age confined in the "dépôts"
shall be entirely separated from inmates above this age.
Art. 6. Able-bodied persons confined in a "dépôt" or "maison de
refuge" shall be kept to the work prescribed in the institution.
They shall receive daily wages, except when withdrawn as a measure of
discipline, on which a reserve shall be made in order to form their
leaving fund.
The Minister of Justice will fix for the several classes in which the
inmates are placed, and according to the labour on which they are
employed, the rate of the wages and the amount of the reserve.
The leaving fund shall be paid partly in cash, partly in clothes and
tools.
Art. 7. The routine and discipline of the institutions shall be
regulated by royal decree.
The inmates may be subjected to solitary confinement.
Art. 8. Every person found in a state of vagrancy shall be arrested and
brought before the police tribunal.
Souteneurs shall be treated as vagrants.
The decision of the magistrates concerning souteneurs may be appealed
against during the period provided for by the code of criminal
instruction.
Art. 9. Any person found begging may be arrested and brought before the
police tribunal.
Art. 10. Adult and able-bodied foreigners not residing in Belgium who
are found begging or in a state of vagrancy may be at once conducted to
the frontier.
Art. 11. Persons arrested under the present law may be provisionally
liberated by the Minister of Justice or by the tribunals.
Art. 12. The magistrates shall verify the identity, age, physical and
mental condition, and the mode of life of individuals brought before
the police tribunal for vagrancy or begging.
Art. 13. They shall place at the disposal of the Government, to be
confined in a "dépôt" for at least two years and not more than seven
years, able-bodied persons who, instead of working for their living,
depend upon charity as professional beggars, and persons who from
idleness, drunkenness, or immorality live in a state of vagrancy, and
souteneurs.
Art. 14. The correctional courts may put at the disposal of the
Government, to be confined in a "dépôt" for not less than a year or
more than seven years after the completion of their punishment,
vagrants and beggars whom they sentence to imprisonment of less than a
year for a breach of the penal law.
Art. 15. The Minister of Justice may liberate persons confined in a
"dépôt" where he considers it inexpedient to prolong their detention
for the term fixed by the tribunal.
Art. 16. The magistrates may put at the disposal of the Government,
to be confined in a "maison de refuge" persons found in a state of
vagrancy or begging, without any of the circumstances mentioned in
Article 13.
Art. 17. Persons confined in the "maisons de refuge" shall be set free
when their leaving fund reaches the amount fixed by the Minister of
Justice for the several classes in which the inmates are placed, and
according to the trade they follow.
Art. 18. Persons confined in a "maison de refuge" shall not in any case
be kept there above a year against their will. The Minister of Justice
shall set free any persons confined in a "maison de refuge" whose
detention he considers to be no longer necessary.
Art. 19. The Government may at any time conduct to the frontier persons
of foreign nationality who have been put at its disposal for detention
in a "dépôt" or "maison de refuge."
Art. 20. The managers of the "maisons de refuge" shall give to the
inmates, upon their leaving the institution, a certificate of their
detention, with attestation of good behaviour, if necessary.
Art. 21. The cost of maintenance of persons confined in a "dépôt" under
a decision of the judicial authority shall be borne up to a third part
by the commune of their settlement. The remainder shall be divided
equally between the State and the province.
The same rule shall apply to the cost of maintenance of able-bodied
persons confined in the "maisons de refuge."
When a person confined in a "dépôt" or "maison de refuge" under a
decision of the judicial authority has no settlement in Belgium, and
his settlement cannot be ascertained, the cost of maintenance to be
borne by the commune of settlement under the preceding paragraph shall
be borne by the province in which he has been arrested or brought
before the court.
In the case of souteneurs the cost shall be borne by the commune in
which they were pursuing their practices.
Art. 22. The share falling on the commune of the cost of maintenance
of persons confined in the "dépôts" shall be charged to the communal
budget.
The share falling on the commune of the cost of maintenance of persons
confined in the "maisons de refuge" shall be borne by the almshouses
and boards of charity, without prejudice to subsidies by the commune in
case of the resources of these institutions being inadequate.
Art. 23. When a person placed at the disposal of the Government to be
confined in a "maison de refuge" is declared by the managers to be
non-able-bodied, the cost of maintenance, except in the case of injury
or sickness occurring during the confinement, shall be borne, as long
as the incapacity for work remains, by the commune of his settlement.
The managers must give immediate notice of any such case to the commune
of settlement.
Art. 24. When the person brought before the police tribunal under
Article 8 or Article 9 of the present law is under eighteen years
of age, the magistrate, if habitual begging or vagrancy is proved,
shall order that he be placed at the disposal of the Government to be
confined in a State charity school until he attains his majority.
Art. 25. When a person under the age of sixteen is convicted of having
wilfully committed an offence punishable with a police penalty, the
court, even in the case of a second offence, shall not sentence him
to imprisonment or a fine, but shall record the offence and reprimand
the child, or, if the nature and gravity of the offence or the
circumstances of the case require it, shall place the child at the
disposal of the Government until he comes of age.
Art. 26. The courts and tribunals may, when they sentence to
imprisonment a person under the age of eighteen, direct that he shall
remain at the disposal of the Government from the expiration of the
sentence until he comes of age.
Art. 27. Persons placed at the disposal of the Government under
Articles 25 and 26 of the present law shall be confined in a State
charity school.
Art. 29. Persons under the age of thirteen at the date of entering
a State charity school shall remain, during the whole term of their
confinement, entirely separated from persons who enter at a more
advanced age.
Similarly, persons entering a State charity school at an age of more
than thirteen and less than sixteen years shall remain during the whole
term of their confinement separated from persons who enter at a more
advanced age.
Art. 30. Persons placed at the disposal of the Government under
Articles 24, 25 and 26 of the present law, or Article 72 of the Penal
Code, may, after confinement in a State charity school, be placed
in apprenticeship with a farmer or artisan; they may also with the
assent of their parents or guardian be placed in a public or private
institution for instruction.
Art. 31. Persons confined in State charity schools may be returned
conditionally to their parents or guardian by direction of the Minister
of Justice, if the parents or guardian afford sufficient guarantees of
good character and are in a position to take care of the child.
Art. 32. Persons returned conditionally to their parents or guardian,
as provided in the preceding Article, may, until coming of age, be
re-instated in a State charity school, by direction of the Minister of
Justice, if it is considered that their residence with their parents or
guardian has become dangerous to their morals. For the purposes of the
rule established by Article 29 of the present law, they shall be deemed
to have been placed at the disposal of the Government at the date on
which they were re-instated.
Art. 34. The cost of maintenance and education of persons placed
in State charity schools shall be charged to the State as regards
one-half; and, as regards the other half, to the commune of settlement
if they have been placed at the disposal of the Government by a
decision of the judicial authority, or to the commune which has applied
for their admission.
When a person confined in a State charity school under a decision of
the judicial authority has no place of settlement in Belgium and when
his place of settlement cannot be ascertained, the cost of maintenance
and education charged to the commune of settlement by the preceding
paragraph, shall be borne by the province in which he has been arrested
or brought before the magistrate.
Art. 35. The cost of maintenance and education of children placed at
the disposal of the Government under Articles 25 and 26 shall be borne
by the State.
Art. 37. The King will fix annually the price per day of maintenance in
the State charity schools, in the "maisons de refuge" and the "dépôts."
Art. 38. The cost of relief given in execution of the present law may
be recovered from the persons relieved or from those liable for their
maintenance. It may also be recovered from those who are responsible
for the injury or illness which necessitates the relief.
Art. 39. The following are liable to imprisonment from eight days to
three months:--
(1) A person who habitually causes a child under sixteen years of age
to beg; and
(2) A person who procures a child under sixteen years of age or a
cripple for the purpose of being used to excite public pity.
In the case of a second offence the penalty may be doubled.
Art. 42. The present law shall come into force on January 1, 1892.
APPENDIX IV.
REGULATIONS OF THE BERLIN (RUMMELSBURG) LABOUR HOUSE.
(1) The inmates are required to conform with the present regulations,
and always to yield punctual obedience to all officers of the
establishment, as their superiors, and to the military guard.
(2) After the execution of orders given to them, inmates are only
allowed to offer criticisms thereupon or make complaints in a modest
manner. Complaints and wishes of any kind shall be brought before the
Director of the establishment, to which end the inmate must request
his sectional overseer to take him to the Director. Every inmate
may address the Director or Inspector, and bring to their notice
complaints and wishes, in the course of their walks round. Conscious
misrepresentations regarding officers of the establishment or the
military guard will be punished.
(3) The inmates shall live together in peace and quiet, none
interrupting another in his work, but rather by industry, order,
and decent moral behaviour encouraging each other to reformation of
life and setting each other a good example. Conversation upon past
misdemeanours may under no circumstances take place; nor may one
inmate reproach another with any crime which he may have committed,
or with his past course of life, abuse or threaten him, or in any way
physically misuse him. No inmate may avenge himself for a wrong done to
him by another inmate.
(4) It is forbidden to climb upon the windows, to soil or write
upon the walls, to defile the landings, stairs, etc., to sing,
shout, whistle, play cards, dice, or other games of chance, to be in
possession of money, writing materials (paper, ink, pen, pencil),
matches, knives, cord, rope, iron tools, to smoke or chew, drink
spirit, or secretly obtain spirit. The inmates may not sell, exchange,
give, or lend articles of any kind. Articles found must be at once
given up to the overseer.
(5) In the morning at the time prescribed in the regulations (Section
26) every inmate must carefully wash his face, neck, and hands, and
comb his hair, in the place assigned to him. In general every inmate
must continually observe the greatest cleanliness in regard both to
his body and clothing, and to all the rooms of the establishment. All
deliberate or malicious damage to the property of the establishment or
of inmates, besides entailing punishment, must be made good.
(6) Any inmate who conceals an illness from which he is suffering is
punishable, equally with one who feigns illness. Every trace of vermin
on body, bed, clothing, or elsewhere must immediately be notified to
the overseer.
(7) The quitting of a place of work or other assigned position
unnecessarily, or without permission, disturbances of quiet and order,
the soiling or tearing down of notices, the use of indecent language,
all immodest behaviour, and all swearing and abuse will be punished.
(8) During divine service, which every inmate who is not formally
excused must attend, the utmost quiet must be observed. Disturbances
during prayers in the dining room and during divine service will be
emphatically punished.
(9) Immediately after the closing of the dining room in the evening
every inmate shall unclothe himself to his shirt, place his clothing
in an orderly way in the place assigned to him, and go to bed, which
he may not leave until the general signal for rising is given in the
morning, except, etc.
(10) The greatest precaution must be used with fire and light, and
every unauthorised or careless use of the same, causing or threatening
injury to the building or its effects, will be severely punished.
(11) Should a signal be given in the night that fire has broken out,
every inmate must at once leave his bed, dress himself, and quietly
await orders. Every mischievous or malicious disturbance on such
occasions will be punished with special severity.
(12) Every attempt to evade control or at concealment at locking
up time will be punished. Violent attempts will be punished by the
criminal court. Any one who escapes from the establishment or from
outside work will be punished with detention on his recapture and
anyone taking his uniform when escaping will be prosecuted for theft.
(13) Whoever foments a conspiracy amongst the inmates will either be
punished for breach of discipline or be handed over to the police.
(14) Whoever wishes to write a letter must obtain the Director's
permission. Letter-writing takes place, as a rule, on Sunday. The
clandestine writing, despatch, and receipt of letters is strictly
prohibited. Letters received and those to be despatched must first be
examined by the authorised officials. All letters received after being
read, are to be deposited in the administrative office, there to be put
away with other documents referring to the persons to whom they relate.
(15) All intercourse with strangers appearing in the establishment,
for whatever purpose, and with the military guard, is forbidden, as
are also speaking, beckoning, etc., between male and female inmates.
Strangers, as well as members of the municipal or other authority
visiting the establishment, may only speak with inmates with the
permission of the overseers present.
(16) Visits to inmates may only be made by near relatives, and such
persons as have to discuss business, and then only with the permission
of the Director, and in the presence of an officer. Visitors must
furnish proof of their identity and of their _bona-fide_ business with
the inmates concerned. Conversation between the inmates may only take
place in a language known to the attendant officer. Every abuse of the
permission to visit an inmate will entail the immediate removal of the
visitor and punishment of the inmate according to the circumstances of
the case.
(17) Every inmate is required to perform, without demur, and to the
best of his ability, the work allotted to him, either inside or outside
the establishment. As a rule, all inmates have to work on weekdays an
equal number of hours, and to perform in that time a task proportionate
to their capacity, the completion of which, however, does not exempt
them from working to the end of the usual time. The administration may,
however, under certain circumstances curtail the duration of the daily
hours of work, and the extent of the task in individual cases. Anyone
who, owing to idleness or negligence, fails to perform his allotted
task, or who in general works slothfully or negligently, will be
punished. No inmate may, without permission, allow his work to be done
for him by another or do another's work.
(18) No work is done on Sundays and Christian festivals. Prisoners of
the Jewish religion may, at their request, be exempted from work on the
Sabbath and the Jewish high festivals:--Feast of Weeks, New Year, Feast
of Expiation, Feast of Tabernacles, and the first two and the last
two days of the Passover; in that event they may, on the order of the
Director, be employed in noiseless work as Sundays and the Christian
festivals.
(19) The proceeds of the work done by the inmates on the order of the
administration belong to the Municipality of Berlin, and are paid into
the treasury of the establishment. The extra-pay paid to the inmates by
employers is divided into two equal parts, of which one is placed at
the inmate's disposal for the purchase of extra food, the payment of
postage, and other necessary expenses, during his detention, while the
other accumulates as savings until his discharge.
(20) Every inmate must deposit his tools and implements in an orderly
manner at the assigned place at the close of work; he may not take
anything with him from the workshop.
(21) When going to work, church, meals, exercise, or reporting himself,
and when going to bed, the inmates must always be completely and
orderly dressed. The men's work aprons must always be left in the
workshop....
(22) The extra articles of food which inmates are allowed to purchase
out of their earnings are given out on Saturday. Like all barter, the
exchange of these extras and gifts of the same are strictly prohibited.
(23) Sick persons are required to follow strictly the prescriptions
given to them by the doctor. Anyone who feels unwell must report
himself to the sectional overseer. Visits to the doctor unaccompanied
by the overseer are prohibited.
(24) Even inmates whose discharge is due are required to follow
the regulations strictly while in the establishment, and until
they are discharged. Should they be allowed in exceptional cases
after completing their sentences to remain for a further period in
the establishment they may not abuse the permission by executing
commissions for other inmates.
(25) All male inmates must have their hair cut short and their beard
shaven, but in the event of objection on the ground of religious
scruples or health the Director shall decide.
(26) Offences against these regulations, in so far as they do not give
rise to judicial proceedings, are punished as breaches of discipline.
Disciplinary powers are exercised by the Director. The following
disciplinary punishments are awarded: (1) Reprimand; (2) withdrawal
of permission to receive visits; (3) withdrawal of permission to
write letters and to receive them before discharge; (4) withdrawal of
permission to dispose of the part of an inmate's earnings set apart for
the purchase of food extras, etc.; (5) partial or complete withdrawal
of wages; (6) withdrawal of permission to take outdoor exercise;
(7) curtailment of rations; (8) detention; (9) close detention. For
the momentary curbing of physical resistance or violent outbreaks
and shrieking, chains, chair, and straight-jacket may be used. The
isolation of an inmate which may be ordered by the Director in the
interest of discipline, pending the decision of the matter at issue, is
not regarded as punishment. In suitable cases the Director is empowered
to propose to the State Police Authority the prolongation of the term
of detention.
End of Project Gutenberg's The Vagrancy Problem., by William Harbutt Dawson