state in writing, and as a part of such attestation, that the applicant 42 & 43 Vict. understood the effect of his application for admission and his . 19. reception into the retreat. Such applicant, after his admission and reception into such retreat, unless discharged or authorised by licence as hereinafter provided shall not be entitled to leave such retreat till the expiration of the term mentioned in his application, and such applicant may be detained therein till the expiration of such term: provided that such term shall not exceed the period of twelve calendar months. (e) 11 Every licensee of a retreat under this Act shall, within two clear days after the reception of any person received therein under this Act, send a copy of the application of such person for admission under which such person is so received by any such licensee, to the clerk of the local authority and to the Secretary of State. Licensees of retreats to send notice of reception. 12 Any person admitted into any retreat under this Act may, Power of at any time thereafter, be discharged by the order of a justice, discharge. upon the request in writing of the licensee of the retreat, if it shall appear to such justice to be reasonable and proper. Inspection of Retreats. 13 The Secretary of State may from time to time appoint such person as he shall think fit, who may hold office during his pleasure, and shall be styled "the inspector of retreats." The Secretary of State may also, if it appears to him and to the Commissioners of Her Majesty's Treasury necessary for the due execution of this Act, from time to time to appoint a fit person as "assistant inspector of retreats," who shall also hold office during his pleasure, and every person so appointed shall have such of the powers and duties of the inspector of retreats as the Secretary of State may from time to time prescribe. retreats. 15 Every retreat shall, from time to time, and at least twice in each Inspection of year, be inspected by the inspector or assistant inspector of retreats. The Secretary of State may at any time, on the recommendation of the inspector or assistant inspector of retreats, or in his own discretion, order the discharge of any person detained in any retreat. 17 The Secretary of State may from time to time make rules for the management of a retreat, and may from time to time cancel or alter such rules. Any person who contravenes or fails to comply with any of such rules for the management of a retreat shall be deemed to be guilty of an offence against this Act. A printed copy of rules purporting to be the rules of a retreat signed by the inspector or assistant inspector of retreats, shall be evidence of such rules of the retreat. (e) Now two years; id. s. 16. Rules as to management of retreats. 42 & 43 Vict. c. 19. Judge of High Court of Justice, &c., may make orders to inspect. Permission that person Absence to be reckoned in time of detention. Habitual drunkard may forfeit leave of absence. Revocation of leave of absence. 18 A judge of the High Court of Justice, on an application ex parte at chambers, or a County Court Judge, within whose district the retreat is situated, may at any time, by order under his hand, authorise and direct any person or persons to visit and examine a person detained in a retreat under this Act, and to inquire into and report on any matters which such judge may think fit in relation to the person so detained. The judge on receiving such report may, if he shall think fit, order the discharge of any person so detained from any such retreat. Leave of Absence from Retreat. 19 A justice of the peace, at the request of a licensee of a retreat, may, at any time after the admission into a retreat of an habitual drunkard, by licence under his hand permit such habitual drunkard to live with any trustworthy and respectable person named in the licence willing to receive and take charge of him for a definite time for the benefit of his health. Such a licence shall not be in force for more than two months, but may at any time before the expiration of that period be renewed for a further period not exceeding two months, and so from time to time until the habitual drunkard's period of detention has expired. 20 The time during which an habitual drunkard is absent from a retreat under such a licence shall, except where the licence is forfeited or revoked as hereinafter provided, be deemed to be part of the time of his detention in such retreat. Where such licence is forfeited or revoked, the time during which such habitual drunkard was so absent from the retreat shall be excluded in computing the time during which he may be detained in the retreat. 21 An habitual drunkard absent from a retreat under such a licence, who escapes from the person in whose charge he is placed as aforesaid, or who refuses to be restrained from drinking intoxicating liquors, shall be considered ipso facto to have forfeited the licence, and may be taken back to the retreat as hereinafter provided. [An unauthorised absence from a retreat of a person ordered to be detained therein shall not be excluded in computing the time during which he may be detained.] (f) 22 Any such licence may be revoked at any time by the Secretary of State on the recommendation of the Inspector or assistant inspector of retreats, or by the justice of the peace by whom such licence may have been granted, by writing under his hand, and thereupon the habitual drunkard to whom the licence related shall return to the retreat. (f) The words between brackets are repealed by sec. 18 of the Inebriates Act, 1898. See post, p. 189. INEBRIATES ACT, 1898. 61 & 62 VICT. c. 60. 1 (1) Where a person is convicted on indictment of an offence punishable with imprisonment or penal servitude, if the Court is satisfied from the evidence the offence was committed under the influence of drink or that drunkenness was a contributing cause of the offence, and the offender admits that he is or is found by the jury to be a habitual drunkard, (g) the Court may, in addition to or in substitution for any other sentence, order that he be detained for a term not exceeding three years in any State inebriate reformatory or in any certified inebriate reformatory the managers of which are willing to receive him. (2) In any indictment under this section it shall be sufficient after charging the offence, to state that the offender is a habitual drunkard. In the proceedings on the indictment the offender shall, in the first instance, be arraigned on so much only of the indictment as charges the said offence, and, if on arraignment he pleads guilty or is found guilty by the jury, the jury shall, unless the offender admits that he is a habitual drunkard, be charged to inquire whether he is a habitual drunkard, and in that case it shall not be necessary to swear the jury again. Provided that, unless evidence that the offender is a habitual drunkard has been given before he is committed for trial, not less than seven days' notice shall be given to (h) the proper officer of the Court by which the offender is to be tried and to the offender that it is intended to charge habitual drunkenness in the indictment. habitual drunkard four times convicted of 2 (1) Any person who commits any of the offences mentioned Detention of in the First Schedule to this Act, and who within the twelve months preceding the date of the commission of the offence has been convicted summarily () at least three times of any offences so mentioned, and who is a habitual drunkard, shall be liable upon drunkenness. conviction on indictment, () or if he consents to be dealt with First Schedule (g) Defined in sec. 3 of the Habitual Drunkards Act, 1879. See ante, p. 184. (h) A verbal notice is probably sufficient. In R. v. Shurmer, 17 Q. B. D. 323, a distinction is drawn between served upon" and "given to.' (i) The register of the minutes or memorandum of convictions of a Court of Summary Jurisdiction which has to be kept under sec. 22 of the Summary Jurisdiction Act, (k) The expenses of any prosecu- 61 & 62 Vict. c. 60. Power of Secretary of State to establish inebriate reformatories. Power to recover expenses against inebriate's estate. Period of licence of retreat. Amendment of 42 & 43 Vict. c. 19, s. 10 as to admission to retreat. Extension of term of detention and re-admission. summarily () on summary conviction, to be detained for a term not exceeding three years in any certified inebriate reformatory the managers of which are willing to receive him. (2) The Summary Jurisdiction Act, 1879, (m) shall apply to proceedings under this section as if the offence charged were specified in the second column of the First Schedule to the said Act. Inebriate Reformatories. 3 The Secretary of State may establish inebriate reformatories (in this Act called State inebriate reformatories) . . . 12 (1) If it is made to appear to a judge of County Courts that any person detained in a State or certified inebriate reformatory has any real or personal property more than sufficient to maintain his family, if any, the judge may make an order for the payment of the expenses incurred in relation to the detention of that person, and the order may be enforced against any property of that person in the same way as a judgment of the County Court. (2) The order may be made on application (a) in the case of a person detained in a State inebriate reformatory, of such a person as may be authorised by the Secretary of State in that behalf; and (b) in the case of a person detained in a certified inebriate reformatory, of the managers of the reformatory, or any two of them, or of any authority contributing to the maintenance of such person. 15 The period for which a licence may be granted under section six of the Habitual Drunkards Act, 1879, (n) shall be a period not exceeding two years instead of a period not exceeding thirteen months. 16 In section ten of the Habitual Drunkards Act, 1879, () a term not exceeding two years shall be substituted for a term not exceeding twelve months, and one justice shall be substituted for two justices as the attesting authority to the signature of an applicant. 17 A person who is or has at any time been detained in a retreat may have his term of detention extended, or be readmitted, in like manner as a habitual drunkard may be admitted under section ten of the Habitual Drunkards Act, 1879, (#) as amended by section (7) Where a case is dealt with summarily under this section the expenses of the prosecution shall be payable in the manner provided by sec. 28 of the Summary Jurisdiction Act, 1879, post, p. 240. Inebriates (m) See post, p. 233. four of the Inebriates Act, 1888, and by this Act, except that the 61 & 62 Vict. statutory declaration therein mentioned shall not be necessary, and c. 60. that the attesting justice shall not be required to satisfy himself that the applicant is a habitual drunkard. 18 If a patient escapes from a retreat the time between his escape and his return to the retreat shall not be treated as part of his term of detention in the retreat. (0) 20 (1) The Secretary of State may make regulations with Power to make respect toregulations. (a) the procedure on application for admission or re-admission into a retreat, or for the extension of the term of detention of a patient; and (b) the medical or other curative treatment of patients in retreats, including the enforcement of such work as may be necessary for their health; and (c) the inspection of retreats; and (d) any other matter necessary or proper for carrying into effect the provisions of this or any other Act with respect to retreats. (2) The regulations made under this section may prescribe forms to be used in substitution for any of the forms in the Second Schedule to the Habitual Drunkards Act, 1879. |