The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-03-30
WHAT is THE LAW RELATIVE TO VA.
GRANCY?
DISTRICT ATTORNEYS OYrrcE, Feb. Q


MY DEAR SR-To your Communication touching the
statutes upon vsgrancy have the honor to make
answer, that. has recently been remarked by
learned Justice OF the Common Pleas Hon p p Ingra
ham) in decision rendered upon vagrancy procsed.
ing brought before him by habeas corpus the general
statutes of the State relating to vsgrants confused
and conflicting in character. But the city OF New
York there operates LEGAL act which often forgotten
by magistrates and counsel In their reference simply
the Revised Statutes II an act entitled can act
relative to the powers OF the Common Council of
City Of New York the police criminal courts OF
tns .aa ey psss'S pass s jan 81 1855 sws 81 ae saat
"A persons who being habtual drunkards, desti-
tute and without visible means of support, who
being such habitua drunkards shall abandon, neglect
refuge to aid in the support Of their families,
who may be complained OF by such families;
infectious or other. disease In the nr.ctics
OF drunkenness debauchery, rsqurng charitable aid
10 restore them TO health all common prostitutes who
have lawful employment whereby to maintain them
selves all able bodied sturdy beggars who may apply
for aims solicit charity al persons wandering abroad
sheds stables or buildings or in the open
air, and not giving good account Of themselves; all
persons wandering abroad and begging who about
from door TO door, place themselves In the streets
highways passages or other public places, to beg
aims within this city, shall be deemed vagrants
have Undivided each class by itself for convenisnce
sake Ths Glasses five In numberoneo OF drunkards
OF the diseased OF prosttutes one Of the hod
and one q eesssr, With two aSdysons, OF The in,
poster beRgsr and Of the needy beggar The provisions
and the and beegars are very
clear and precise those relating to and ders
sometimes technically criticised by the police, the
magistrates and various attorneys at law often with
plausbilty Most OF these various provisions, to-
gether with known In the language peculiar 10 the
topic 'ady boarders, as well those who walk
streets inbabt the atcs and cellars of the metropolis
in democratic habilments and practices OF vice
and the class of ers conr oiled by the phrase not
giving good sccount Of tbemselves and thus there Is
given 20 authorities who arrest or commit extended
discretion which Is than proper TO exercise in
crowded metropolis There existed prior TO 1855 a
confusion " the proper place in which record Of
conviction was 10 be led-wheber the Office Of the
clerk Of the city and county In that Of the clerx Of
the sessions or whether there should be lsd with
each Of Offices In the latter year 0aws of 1859
statute prepared by the present city Judge enacted
thereby form OF record OF conviction substantially
Rven and the directed 10 be fled with the clerk
Of the sessions BY that act provision Of discharge
made allowing the before expiration of term
Of commitment upon an order ointiy made BY the com
their discretion or the enumerated amount to
this)-a proper power indeed because often the
friends Of the vagrant interfere when disgrace TO the
family assumes the form Of publicity, and pro-
vide for the vagrant's future. These are the only
provisions regarding vagrancy (andsr that name)
which need be referred TO for municipal action.
The statute regarding disordery persona (2 X. s. 53
h edition. enumers'ss other classes of ida and vicious
persons for good behaviour during year
curity may be required Otherwise In default thereof
conviction and imprisonment enaue subject to the
troll Of the Court OF General Sessions and the Amshouse
Governors thereafter in These additional
classes comprehend generally men who abandon wives
and children TO public charity, fortune tslers, common
prostitutes and keepers Of bawdy houses houses of
resort for drunkards tpplers and ganesters all CON-
mon juRgiers showmen; all keepers Of keno and
gaming apparatus, in public places in places whore
liquor Ii sold all travelling ganesters, &c. Suspected
vagrants and suspected Asorderly persons, may be
themselves examined the statutes indicate touching
the allegations Their conduct IL rather breach OF the
general police discipline Of the community than crime
or misdemesnor their own confessions competent
to conviction. The Mayor has express power TO deal
with vsgrsnts and disord<ry persons under ths pro-
visions referred TO- As suggested by the remarks Of
your Honor in your coDmunicaton, beg leave to add
that BY pursuing the statutes relating to vagants and
dsordery persons, summary ius:e In done to the
community than be attained through the tedious
process OF indctment and trial The felonies of the
metropolis sufficiently numerous 10 constantly
gage the time and attention Of grand jurss and the
Court o. General Sessions Of the peace without giving
them more contact with the lighter offences aud msis
meanors than l. absolutely necessary Instead Of in
dieting bawdy houses unlicensed dram shops, &c IL
done, their proprietors and inmates could be
mary reached varants and dissrderiy persoss Ths
policy OF penal Law regarding these matters Is TO attain
summary climax tantamount 20 prohibition.
Accept the OF the regard with which have
the honor 10 be your obedient servant,
To HIS HoSoR THE MAYOR A. OAKEY HALL