briate reformatories.-The Secretary of State may make regulations as to(a) the establishment, management, maintenance, and inspection of certified inebriate reformatories; (b) the classification, treatment, employment, and control of the inmates of certified inebriate reformatories, and the application of their earnings; (c) the transfer of such inmates from one certified inebriate reformatory to another, their absence under licence, and their discharge; and (d) the transfer of inmates from a State inebriate reformatory to a certified inebriate reformatory, or in special cases from a certified inebriate reformatory to a State inebriate reformatory,

and may thereby impose a fine not exceeding twenty pounds, or imprisonment for a term not exceeding three months, with or without hard labour, for the breach of any such regulations.

In reckoning the period of detention of any person detained in a certified inebriate reformatory the time during which he is imprisoned under this section shall not be computed.

VII. Inspectors. The Secretary of State may, with the consent of the Treasury as to number, appoint inspectors of certified inebriate reformatories and assign them such remuneration out of money provided by Parliament as the Treasury may determine.

VIII. Contribution by Treasury.-The Treasury may contribute out of money provided by Parliament such sums and on such conditions as the Secretary of State recommends towards the expenses of the detention of persons in certified inebriate reformatories.

X. Expenses of conveyance.-The expense of conveying a person to a certified inebriate reformatory shall be defrayed by the police authority by whom or at whose instance he is conveyed, and shall be deemed part of the current expenses of that police authority.

XI. Powers of officers and arrest.(1.) Every officer of a certified inebriste reformatory authorised in writing by the managers of the reformatory to take charge of any person ordered to be detained under this Act for the purpose of conveying him to or from the reformatory, or of apprehending and bringing him back to the reformatory in case of his escape or refusal to return, shall, for that purpose and while engaged in that duty, have all the powers, protections, and privileges of a constable.

(2.) If any person ordered to be detained in a certified inebriate reformatory escapes therefrom, or from the charge of any person in whose charge he is placed under licence, before the expiration of his period of detention, he may be apprehended without warrant and brought back to the reformatory.

XII. Power to recover expenses against inebriate's estate.-(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 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, or the managers of the reformatory, or any two of them, or of any authority contributing to the maintenance of such person.

Amendment of Habitual Drunkards
Act, 1879.

XIII. Transfer of licensing powers to

county council.-As from the commencement of this Act, the local authority under the Inebriates Acts, 1879 (42 & 43 Vict. cap. 19) and 1888 (51 & 52 Vict. cap. 19), as amended by this Act, and the clerk of the local authority, shall be in a borough the borough council and the town clerk, and elsewhere the county council and the clerk of the county council respectively, and a county council may delegate any of their powers as such local authority to a committee.

XIV. Power to contribute to retreats.The council of any county or borough may contribute such sums and on such conditions as they may think fit towards the establishment or maintenance of a retreat under the Inebriates Acts, 1879 and 1888, as amended by this Act, and two or more councils may combine for any such purpose.

XV. Period of licence of retreat.—The period for which a licence may be granted under section six of the Habitual Drunkards Act, 1879, shall be a period not exceeding two years instead of a period not exceeding thirteen months.

XVI. Amendment of 42 & 48 Vict. cap. 19, § 10, as to admission to retreat.

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.

XVII. Extension of term of detention and re-admission.-A person who is or has at any time been detained in a retreat may have his term of detention extended, or be re-admitted, in like manner as a habitual drunkard may be admitted under section ten of the Habitual Drunkards Act, 1879, as amended by section four of the Inebriates Act, 1888, and by this Act, except that the statutory declaration therein mentioned shall not be necessary, and that the attesting justice shall not be required to satisfy himself that the applicant is a habitual drunkard.

XVIII. Escape of patient.-(1.) 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.

(2.) A warrant under section twentysix of the Habitual Drunkards Act, 1879, for the apprehension of a patient who has escaped from a person in whose charge he has been placed under licence, may be issued by any justice having jurisdiction in the place where that person resides.

XIX. Death of patient absent under licence.-(1.) In case of the death of a patient absent from a retreat under licence, a statement of the cause of his death, with the name of any person present at the death, shall be drawn up and signed by a duly qualified medical practitioner, and copies thereof, duly certified in writing by the person in whose charge the patient had been placed, shall be by him transmitted to the coroner and to the registrar of deaths for the district, and to the clerk of the local authority, and to the person by whom the last payment was made for the deceased, or to one, at least, of the persons who signed the statutory declaration under section ten of the Habitual Drunkards Act, 1879.

(2.) If the person in charge of the patient fails to comply with the requirements of this section, he shall be guilty of an offence against the Habitual Drunkards Act, 1879.

XX. Power to make regulations.-(1.) The Secretary of State may make regula tions with respect to

(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 (42 & 43 Vict. cap. 19).

Supplemental.

XXI. Regulations to be laid before Parliament. — (1.) A regulation made under this Act shall not come into effect until it has lain four weeks on the table of

each House of Parliament whilst that House is sitting.

(2.) The making of any such regulations and the date at which they come into effect, shall be notified in the London Gazette.

XXII. Application to inebriate reformatories of provisions of 9 & 10 Vict. cap. 66.-Section one of the Poor Removal Act, 1846, shall apply to a person detained in or absent under licence from a State inebriate reformatory, or a certified inebriate reformatory, as if he were a prisoner in a prison within the meaning of that section.

XXIII. Provision as to criminal habitual drunkards in Scotland.-(1.) Where in Scotland a person is convicted on indictment of an offence punishable with imprisonment or penal servitude, if the court is satisfied from the evidence that 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, 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 the proceedings under an indictment in pursuance of this section, where at the first diet the accused has pleaded not guilty, at the second diet the jury shall in the first instance be sworn and the accused shall then be tried on so much only of the indictment as charges the said offence, and if he is found guilty, the same jury shall, unless the accused admits that he is a habitual drunkard, be re-sworn to inquire whether he is a habitual drunkard. Where at the first diet the accused pleads guilty of the offence, but denies that he is a habitual drunkard, the plea shall be recorded, and at the second diet the jury shall be sworn to inquire whether he is a habitual drunkard.

(3.) This section shall be substituted in Scotland for section one of this Act.

XXIV. Power to detain in certified inebriate reformatory in Scotland. — (1.) Any person who in Scotland commits any of the offences mentioned in the First Schedule to this Act, and who within the

twelve months preceding the date of the commission of the offence has been con. victed summarily at least three times of any offences so mentioned, and who is a habitual drunkard, may be tried on indictment before the High Court of Justiciary or the sheriff with a jury, or with his own consent by the sheriff summarily, and shall be liable on 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.) This section shall be substituted in Scotland for section two of this Act.

XXV. Adaptations to Scotland. — In the application of this Act to Scotland, the following further modifications shall be made :

(a) References to the Secretary of State shall be construed as references to the Secretary for Scotland; (b) The person vested with the title to any available poorhouse may, with the consent of the Secretary for Scotland, and subject to such conditions and for such term as may be approved of by him, give the use of the whole or any part thereof for the purposes of an inebriate reformatory; (c) A reference to the Prisons (Scotland) Act, 1877 (42 & 43 Vict. cap. 53), and the rules thereunder shall be substituted for a reference to the Prisons Acts, 1865 to 1898;

(d) For references to a borough and the borough council shall be substituted reference to a burgh and the town council thereof, "burgh" shall include police burgh, and "town council" shall include burgh commissioners, and "town clerk shall include clerk of the burgh commissioners;

(f) The reference to the Poor Removal Act, 1846 (40 & 41 Vict. cap. 53), shall not apply, but in any computation of time for the purpose of ascertaining the settlement of any pauper the time during which he has been detained in an inebriate reformatory shall be reckoned as time spent by him as a prisoner;

(g) References to a judge of county courts shall be construed as references to the sheriff. References to the coroner shall be construed as references to the procurator fiscal; and references to the London Gazette