Vagrant

A person who lives Idly, without any settled home. A person who refuses to work, or goes about begging. This latter meaning is the common one in statutes punishing vagrancy. See In re Jordan, 90 Mich. 3, 50 N. W. 1087. One who came within the statutory definition of a vagrant is such, though he had $40 on his person; Branch v. State, 165 S. W. 605. See Tramp.

A wandering, idle person; a strolling or sturdy beggar. A general term, including, in English law, the several classes of idle and disorderly persons, rogues, and vagabonds, and incorrigible rogues. 4 Steph. Comm. 308, 309. In American law, the term is variously defined by stafute but the general meaning is that of an able-bodied person having no visible means of support and who lives idly without seeking work, or who is a professional beggar, or roams about from place to place without regular employment or fixed residence ; and in some states the term also includes those who have a fixed habitation and pursue a regular calling but one which is condemned by the law as immoral, such as gambling or prostitution. See In re Jordan, 90 Mich. 3, 50 N. W. 1087; In re Aldermen and Justices of the Peace, 2 Pare, Eq. Cas. (Pa.) 464; Roberts v. State, 14 Mo. 145, 55 vAm Dec. 97. And sce the statutes of the various states.

— Vagrant aet. In English law. The statute 5 Geo. IV. c. 83, which is an act for the punishment of idle and disorderly persons. 2 Chit. St 145.

A wandering, idle person; a vagabond. Vagrant act: the English statute- 5 Geo.'lV., c. 83.

s One who wanders about, and has no certain calling; an idle fellow; * a vagabond; a tramp, q. v. A person who roams about from place to place, begging, or living without labor or visible means of support.'' Any person going about from place to place begging, asking or subsisting upon charity, and for the purpose of acquiring money or a living, and who shall have no fixed place of residence or lawful occupation in the county or city in which he shall be arrested, shall be taken and deemed to be a tramp and guilty of a misdemeanor.* Any act of begging or vagrancy is prima facie evidence.* Vagrancy is distinct from disorderly conduct and breach of the peace, and includes only such cases of vagabondage as are known to the common law.^ Such statutes, designed to suppress vagrancy, as are in derogation of the right of trial by jury, are to be strictly construed." See Conviction, Summary. A statute authorizing two overseers of the poor, by writing, under their hands, to commit vagrants and paupers to the work-house, is in violation of the Fourteenth Amendment." See Process, 1, Of law. ■ Conkling v. Eidgely, 112 111. 36, 40, 43 (1884), Sheldon, J. 2 2 Bl. Com. 157; 21 N. T. 344. * L. vagari, to wander. » [Jacob's Law Diet. » Penn. Act, 1879, No. 81. * See Del. Laws, 1879, No. 223; North Car. Laws, 1879, No. 355; Ohio Act, 1879, No. 191; Mary. Laws, 1880, No. 43; Mass. Laws, 1880, No. 231, o. 257, §§ 8-3; 1 N. T. Laws, 1880, No. 296. ' Re Way, 41 Mich. 301 (1879), Campbell, C. J. * Bullock V. Geomble, 46 111. 222 (1867); People v. Turner, 55 id. 287 (1870); Wynehamer v. People, 13 JI. Y. 426 (1856); 41 Mich. 303, supra. 'Portland v. Bangor, 65 Me. 120 (1876). See also Idleness in any person whatsoever is a higli offense against public economy... Idle persons or vagabonds, whom ancient statutes describe to be " such as wake on the night and sleep on the day, haunt customable taverns and ale-houses, and routs about, and no man wot whence they come nor whither they go," or such as are more particulai-Iy described by 17 Geo. II (1T44), c. 5, as idle and disorderly persons, rogues and vagabonds, and Incorrigible rogues, are all offenders against good order. • Statute 5 Geo. IV (1825), c. 83, revised and codified previous laws, and has been known as the Eng Ush Vagrant's Act. Amendments were made by 1 and 2 Vict. (1837), c. 38. These acts form the basis of similar legislation in some of our States. By force of various statutes, rogues and vagabonds are: persons convicted a second time as idle and disorderly; fortune-tellers, and such as use subtle arts to deceive; persons wandering abroad, lodging in barns or out-houses, in the open air, or in any tent, cart, or wagon, not having any visible means of subsistence, and not giving good account of tliemselves; persons guilty of indecent exposures — by pictures, or of the person; persons exposing wounds, or making fraudulent pretenses, to obtain alms; persons deserting their families or children, leaving them chargeable to the parish; persons playing or betting in a place to which the public have access, with any instrument of gaming; persons armed or prepared to commit a felony: persons found on premises for an unlawful purpose; reputed thieves, in a public place, intending to commit felony."

One belonging to either of the classes of persons who, by reason of their having no fixed home and subsistence, and pursuing courses ute, be confined and disciplined. Who are vagrants must be determined by the statute of the jurisdiction. These statutes do not usually set forth any principle by which vagrancy may be defined, but give extended lists of various descriptions of persons who may be deemed and treated as vagrants. The English statutes, 17 Geo. II. ch. 5, and 5 Geo. IV. ch. 83, — which latter was, when passed, in the nature of a code of previous laws, and has been made the basis of several like acts in this country, — divided vagrants into three classes: idle and disorderly persons, rogues and vagabonds, and incorrigible rogues; and gave an enumeration of the persons allotted to each class. Vagrant generally means a person who lives idly, without a settled home; sometimes it includes beggars. Holthouse. Valeat quantum valere potest. It shall operate as far as it can be operative. A maxim of the construction of writings. The general rule is that an instrument is to be construed so as will give it effect; not so as will render it nugatory.

Generally by the word vagrant is understood a person who lives idly, without any settled home; but this definition is much enlarged by some statutes, and it includes those who refuse to work, or go about begging. VALUABLE CONSIDERA-