>be the provision of work during the winter months, when far fewer hands are required in a market garden than in summer, but they could be employed in repeated light digging, and in frosty weather some indoor occupation might have to be provided. Ten persons-men and women-can be kept employed on 10 acres of land. Probably 40 or 50 incompetent women could do the same work. The capital required-apart from house accommodation --would be £20 per acre. Under skilful management, market gardening might probably be able to maintain its workers and to pay its way. APPENDIX XXXVIII. Re VAGRANTS, HABITUAL OFFENDERS, &c. CHIEF CONSTABLE'S OFFICE, EDINBURGH, 21st November 1894. DEAR SIR,-I beg to inform you that Mr. Porter, Chief Constable of Berwickshire and Roxburghshire, and myself have met to-day for the purpose of considering this question, and now beg respectfully to forward you our views for the information of your honourable committee. Tramps. During the six years the census has been taken the number and variety of tramps has remained stationary. It has been repeatedly tried to identify individuals, families, and groups, but all such attempts have proved futile. Only a few prominent facts can be laid hold of,-a given number of males, females, and children, with a tendency to group themselves into towns in winter and the country in summer, so many English, Scotch, and Irish. Beyond that we cannot pass, except to say that the children are wholly illiterate. What we think should be insisted upon is, lay hold of the children, and every case in which it can be shown to a magistrate that their education has been neglected, or in which it is shown that the parents are unable to provide for their education, commit them to a state-endowed industrial school for such time as may best insure education and industrial habits. Of course they would have to be distributed according to nationality. In Table 21 of H.M. Inspector of Constabulary's Report for the year ending 15th March 1894, the number of vagrant children shown as under fourteen years of age is 1402 (summer census), and 1082 (winter census). We are not in favour of shelter houses, which only tend to draw a larger proportion of tramps to the district where they are. Re the Relief of Sick Tramps.With the Local Government Act in operation, County Councils have a certain amount of interest in parochial business, and the Local Government Amendment Act, recently passed into law, has increased that interest. That being so, would it not be an advantage to have an Inspector of Poor for each county or group of counties, who would control the inspectors for the different parishes, and thus establish a uniform system of dealing with the migratory and wandering poor? Re Habitual Offenders.-We mean the vagrant and tramp variety, the men and women whose chief object in life is to live off the public by begging, cheating, and purloining, and whose secondary object is to get drink and create a disturbance in every village which they visit. The way in which this class of offenders is disposed of has no deterrent effect. They generally plead guilty, and in nine cases out of ten their sentence does not exceed seven days, which are spent in recruiting their health. In dealing with this class, in every case where the police can show that the person charged has been previously convicted, there should be a 'remand' for eight days, to give time to produce lists of previous convictions, and, according to the number and variety, so should the sentence be. Under the Prevention of Crimes Act, a magistrate may sentence a man to three months' imprisonment. Why not give a similar sentence to an habitual offender? There is a difficulty in disposing of dependents (women and children). At present they are thrown on the parochial boards. Why not send them to a state-endowed industrial school? With regard to such schools we think they should be established, maintained, and governed by the Prison Commissioners. The number of prisoners, were this system vigorously enforced, would be greatly reduced.-1 have the honour to be, Sir, your obedient servant, A. BORTHWICK, Lieut.-Col., Sir Charles Cameron, Bart., M.P., APPENDIX XXXIX. HANDED IN BY CAPTAIN M'HARDY, R.N., TO THE POLICE COMMITTEE OF THE COUNTY OF AYR. My Lords and Gentlemen,-In compliance with instructions of your Committee, I have the honour to submit the following report relating to vagrancy, and the question of conferring similar powers for the suppression of vagrancy on constables in rural districts as they possess in burghs under the General Police and Improvement Act, 1862. Until the passing of the Prevention of Crimes Act, 1871, which extended to Scotland the Rogue and Vagabond Clause of the English Vagrancy Act, the need of legisla tion, which would confer upon the constabulary in counties powers enabling them to act effectively for the protection of the public from the evil practices of vagrants, was much felt, and was forcibly and frequently brought under notice by the late chief constable of this county. His views thereon, which your Committee know were based upon most careful consideration and ample experience, will be found fully stated in documents dated 28th January and 17th February 1870, appended to the report of the House of Commons Committee 1870, on Poor Law, Scotland (pages 345 and 349). The Rogue and Vagabond Clause above referred to as thus extended to Scotland, in conjunction with the following statutes, The Trespass (Scotland) Act 1865, The Industrial Schools' Act 1866, The Pedlars Act 1871, and the Betting Act 1874, has conferred upon the constabulary powers which, if generally, uniformly and stringently enforced, I am satisfied must prove very effective in suppressing the worst features of vagrancy. I am strengthened in this opinion by reference to reports of the late chief constable on the subject (extracts appended), from which it will be observed that he attributed the great decrease which occurred each year from 1871 to 1875 in the number of tramps and beggars found within the county of the constabulary, though in some measure to increased prosperity in trade, in great part to the operation of the aforementioned statutes. In the absence of a uniform system regulating the returns upon which the statistics of vagrancy are compiled, these returns, though useful as denoting the annual changes in any one district, can be but of small value for purposes of comparison of one police district with another; but, taken collectively, the totals will probably afford a fair index of the annual variations throughout Scotland. The statistics appended to the annual reports of Her Majesty's Inspector of Constabulary (Scotland) show some increase in the number of vagrants challenged by the police in each year since 1874, and this increase has been considerable in the last two years. Vide the following table : I would submit to your Committee my opinion that the increase here shown is not evidence that the repressive powers, which the law at present bestows, are ineffective, but may very reasonably be attributed to the stagnation of trade, and the consequent extraordinary distress which has prevailed during the past two years; and, under the circumstances, it is remarkable the comparatively small inconvenience to residents in rural districts, and the few occasions for complaint, with which the increase has been attended. On reference to those reports of Her Majesty's Inspectors Reports for S. of Constabulary for England, in which statistics on the Police District subject are given, it will be observed that the increase in p. 210, for 1878, for year 1877, the number of vagrants has of late years been quite as P. 224. marked, if not more so, in England, notwithstanding the very stringent Vagrancy Act in operation. Reports of H. of Police, 1853- Under these circumstances I do not consider need has been shown for an extension to counties of the full powers provided in burghs. I am of opinion that an attempt to suppress vagrancy by committals to jail would prove an expensive failure-it was tried some years ago in the county of Essex, and, during a period of three years, about 1000 were committed to prison, but it only led to considerable expense without producing any favourable result— further, I deem it a matter of serious consideration whether making simple begging and simple vagrancy punishable with imprisonment might not bear harshly on the honest but destitute way-farer, and I fear its tendency to drive many destitute people to desperation, resulting in robbery and housebreaking-crimes from which the rural districts of Scotland are comparatively free. This report has been mainly directed to consideration of the possibility of legislating successfully for the further numerical reduction of vagrancy; but before concluding I would mention the following points which are closely allied to the subject, and in regard to which, from want of legal powers for dealing with the cases, the constabulary in counties at present labour under some disadvantage. Although the circumstances are not such as call for separate legislation, I consider, if at any time legislating on a kindred subject, that it is desirable the opportunity should be taken to provide enactments applicable to these 1. Is not specially provided for in the General Police Act or any other Statute, but of course can be dealt with where simple begging is an offence. 2. Is an offence under the General Police Act, and it would be an advantage it should be constituted an offence wheresover committed. 3. It is desirable these persons should be placed under regulations similar to those in force for pedlars. 4. These persons should be also supervised by the Police and required to be certificated. I have the honour to be, my Lords and Gentlemen, your obedient Servant, HARDY M'HARDY, and Chief Constable of Ayrshire. B.-EXTRACTS RELATING TO VAGRANCY FROM REPORTS SUBSEQUENT TO 1870 OF THE LATE CHIEF CONSTABLE (CAPTAIN YOUNG), TO THE POLICE COMMITTEE OF THE COUNTY OF AYR, AND OTHERS. From Report to the Justices of the Peace for the County in Recent legislation-including the Acts relating to Trespass, Gamblers, Pedlars, and especially the Statute of this year (The Prevention of Crimes Act)-has given the Police power to act effectively for the protection of the public from most of the evil practices of the vagrant class which were not heretofore criminal. From Annual Return of Crime, dated 13th January 1872. There has been a substantial decrease in the amount of vagrancy in the County, especially since thé constabulary were empowered to act effectively against rogues and vagabonds. From Annual Return of Crime, dated 11th January 1873. The number of tramps and beggars found within the County by the Constabulary during last year was 10,402. This shows the great decrease of 3063 since the previous year. It is attributable, in great part, to the strict enforcement of the powers given to constables by the Rogue and Vagabond Clause of the Prevention of Crimes Act, in connection with the Trespass Act and Pedlars Act. Under these and other Statutes, the police are now enabled to suppress some of the worst practices of vagrants; and their efforts in this County have been readily supported by the magistrates with a very beneficial effect, both as regards vagrancy and various descriptions of crime. From Report to the Police Committee, dated 17th April 1873. I am glad to bring under the notice of the Committee the remarkable decrease of vagrancy during the last two years. The number of vagrants entered in the Police Returns for 1870 was 17,421; in 1871 the number was 13,465; and last year, 10,402, being a decrease of 7019 within two years. The prosperous state of trade has had some influence in this change; but the proportion of vagrants really belonging to the working classes is at all times small, and the foregoing comparison chiefly shows the effect of recent statutes under which some of the worst practices of vagabonds can be effectually checked by the police, and the offenders punished. From Annual Return of Crime, dated 10th January 1874. The number of tramps and beggars found within the County by the constabulary during last year was 7874. This is a decrease of 2528 within last year, and of 5591 in comparison with the year 1871. This extraordinary decrease occurred chiefly in the number of women and children; and it thus indicates, in particular, the gradual suppression of habitual vagrancy. The police, though still without a general Vagrancy Act, can now enforce several statutes for the punishment of impostors and habitual vagabonds; and the above figures show, to some extent, the result of that action in this County; but the general prosperity of trade has also lessened vagrancy. C.-AYRSHIRE CONSTABULARY. TRESPASS, VAGRANCY, ROGUES, AND VAGABONDS. With a view to making more widely known certain acts of Parliament dealing with cases of Trespass and Vagrancy, and enlisting the sympathy and aid of the community generally in enforcing these, several posting bills have been prepared, and are now issued to each Constabulary Station in the County. These posters are for general and thorough circulation throughout the District, they are to be distributed by the local Constables, and are to be posted up in the most suitable places which will ensure their being seen, and will admit of their being easily read and not too readily effaced. It is particularly desirable that these bills should be posted up in Common Lodging-Houses, Pawn Offices, Coal Pit Offices, Iron Work Offices, Brick Works, Oil and Chemical Works, Blacksmiths' Shops, and all Vagrant Resting-places, Crossings of Main Roads, Railway Stations, and Telegraph Offices. Strict attention must be given by the Constables to keeping a Record of all Vagrants who pass through each Constabulary area, and the utmost care must be taken in noting the descriptive details required in the weekly Vagrant Returns, especially recording any particulars that may subsequently assist in tracing and identifying them. Inquiries addressed to such people must be made civilly, and in such a manner as to give no cause for any feeling of annoyance; and it cannot be too clearly and generally understood by those interrogated that the supervision thus exercised may prove very useful to themselves, as it tends to guard the well-conducted and law-abiding of this class from unfounded and unjust charges or suspicion. The Constabulary should endeavour to obtain the fullest information regarding those who have the appearance of habitual Vagrants or Tramps; and whilst they are to carefully guard against undue interference with or any oppression of these people, the Constables should make them clearly understand that their movements are under Police Supervision; and the Constabulary must deal very stringently with any oppressive behaviour or misconduct on the part of such people. The Constables in Rural Districts have a great responsibility resting upon them in regard to the efficient protection of defenceless women and aged people in isolated places; and whilst dealing with all poor and destitute persons in a humane and proper spirit, the Constabulary will act wisely in certain marked cases of masterful and sturdy Begging on the part of men, or groups of men (such as are likely to cause terror or alarm to the timid), if they very stringently exercise any powers of summary apprehension without warrant which they may possess for dealing with any offence committed by men of this class. Men who, although destitute and on tramp, are apparently (or are likely to be) bona fide working men seeking employment, must be treated with every consideration and kindness by the Constables, and they should furnish to such persons all the useful information which their knowledge of the locality and of the industries requiring labour may enable them to afford. In the evening, and during the night, the Constables, when on patrol duty, should give special attention to those places which are likely to be frequented by out-lying tramps and homeless poor, and they must discreetly and conscientiously apply the law against offenders who sleep or camp out without permission: acting in every such case as the particular circumstances may seem to render expedient and proper. In order to give confidence to the occupiers and proprietors in rural districts and to deter lawless tramps, it is ordered that very special and persevering efforts must be used to apprehend any vagrants or tramps who may be guilty of malicious mischief, intimidating or threatening behaviour, indecency, or other serious offence. The parti culars and a full description pointing to the identity of such offenders (if still at large), should in each case be intimated by Telegraph, or by other speedy means of communication, to the Divisional Superintendent, and on receipt of such information at the Divisional Office, arrangements are to be immediately carried out to arrest the offender; and the necessary instructions must be instantly issued to the more likely Stations, to be on the look-out for the accused. The action of the Constabulary, if it is to prove effective and beneficial in any matter, must be uniform and constant, and all spasmodic activity and excessive zeal is simply mischievous; but this is more especially true in the case of such a wide-spread and deep-rooted social evil as Vagrancy. A conscientious and persevering and discreet Constable may work incalculable good to a wide locality; a thoughtless, careless, lazy, or over-zealous Constable may both harass and oppress the poor, whilst failing to benefit a single individual or place in his District. HARDY M'HARDY, CAPTAIN R.N. Chief Constable of Ayrshire. Before proceeding further, I am requested to communicate with you, in order to ascertain the nature and extent of the information required, if the queries drawn up are on the lines of the scope of the committee, and with whom I may correspond for further information regarding the Commission, and the time of its visit to Perth. I send you a local paper with paragraph on the subject. J. MAXTONE GRAHAM. To the Right Hon. P. S.-I have not had the pleasure of meeting you for some time, not having been in London for some years back. When you have to be in the Scottish Office in Edinburgh, at any future time, I shall be glad if you will let me know, when I may have it in my power to renew an acquaintance. J. M. G. CHIEF CONSTABLE'S OFFICE, AYR, 25th July 1886. APPENDIX XL. VAGRANCY AND BEGGING. 21st December 1894. SIR, Since giving my evidence before your Committee yesterday afternoon, with reference to the above, I have carefully looked over the Clauses of the Prevention of Crimes Act (for England), 1871, applicable to Scotland, with reference to Rogues and Vagabonds, and now beg to inform you that clauses of this Act have been put in force in this county, and that four persons were dealt with, under this Act, during the present year. The 15th Section of the Act referred to clearly means to deal with reputed thieves, or suspected persons, frequenting places for the purpose of committing thefts, but no section of this Act can be made to apply to the ordinary vagrant or beggar (who has not been previously convicted of theft) who may be found regularly begging in the country districts, or in populous places where the Police Act is not adopted, nor does it apply to parents who systematically send their children out to beg. This is the special reason I had in view, while recommending that Clause 408 of the Police Act should be made applicable to counties, which I believe would have a beneficial effect.-I am, Sir, Your Obedient Servant, CHARLES M'HARDY, Sir Charles Cameron, Bart., M.P. DEAR SIR,-With reference to the visit of your Committee to our Hill Street Shelter for Women on 17th November, I think, that in an institution like ours, which is not worked for private gains, and when the sole object is solicitude for the reformation of the women, and their restoration to suitable places in society, the number of hours worked should not be assimilated to those of women under the Factory Act, for this reason, that the amount of work done in the ten hours is considerably less than that done in eight hours in a public laundry or sewing-room. We find it better for the women to occupy part of their evenings than have them idle; and as I told the Committee in evidence, we try to make our Shelters, as much as possible, Homelike, and in consequence the women are very happy and contented. I stated to Sir Charles Cameron, in the last question he put to me, that I thought our Shelters had a claim to the Government Subvention given to Discharged Prisoners' Aid Societies, as we are doing the same work-rescuing women who have been in the police offices and in prison, and those who are fairly on their way to one or both. We would gladly welcome the visits of any Visitor or Inspector of Retreats,' who would enquire into the condition of the inmates. I remain, very sincerely yours, JANE FERGUSSON, Hon. President of the Houses of Shelter. MEMORANDUM by Mr F. P. WALTON, Secretary to the Lord Advocate, as to the Responsibility of Publicans, &c. Section 13 of 35 and 36 Vict. c. 94 (English Act) states :"That if any licensed person permits drunkenness or any 'violent, quarrelsome, or riotous conduct to take place on 'his premises, or sells any intoxicating liquor to any 'drunken person, he shall be liable to a penalty not exceed'ing for the first offence ten pounds, and not exceeding for 'the second or any subsequent offence twenty pounds.' Section 7 of 25 and 26 Vict. c. 35 (Scotland) states:- That 'he (the licence holder) shall not knowingly permit any 'breach of the peace, or riotous or disorderly conduct, 'state; In the recent case of Linton v. Stirling, 1893, 20 R. J. C. 71 (Court of Sessions' Cases, 4th series), it was said by the Lord Justice-Clerk that the publican's certificate, which is given as a schedule to the Public-Houses Acts Amendment Act, 1862 (25 and 26 Vict. c. 35), 'forbids the sale of 'liquor to a person in a state of intoxication. It is suffi 'cient to prove that liquor was sold to a person in that it is unnecessary to prove that the publican knew 'he was intoxicated, if it can be proved he was so.' By Sect. 14 of the Act of 1862, the police may report the names of all persons licensed to sell excisable liquors by ' retail from whose premises persons in a state of intoxica'tion have been frequently seen to issue,' and these reports are to be brought under the notice of the Justices of Peace or Magistrates when the application is made for a renewal of the certificate. If there be any other point as to which I can give any assistance, I shall be delighted to do so. APPENDIX XLIV. MEMORANDUM AND RETURNS by Mr. WILLIAM GEDDES, Governor of Dundee Prison. DEAR DR. SUTHERLAND,-I enclose a list of the names of persons written out by the prisoner, James Handy (interviewed by Sir Charles Cameron on his recent visit to this prison), and known to him as being reformatory schoolboys, along with a detailed list of convictions, &c., against them. I also enclose for Sir Charles' information separate returns of offenders committed to prison during the past year who had previously been under detention in reformatory and industrial schools. I stated in giving evidence before your Committee that a larger proportion of fines, &c., was paid on Saturdays than on any other day of the week, due, of course, to the Satur The convictions of ALEXANDER M'CABE, educated at Dalbeth Reformatory, since 1877, were 7-5 before the Police, and 2 before the Sheriff at Dundee. |