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wise, of keeping such retreat, dies, or becomes bankrupt, or 42 & 43 Vict. has his affairs liquidated by arrangement, or becomes mentally c. 19. incapable or otherwise disabled, the local authority, by writing under their hands, indorsed on the license, may transfer the license to another person, if the local authority, in its discretion, shall think fit.
"9. Removal of Habitual Drunkard from Unfit Habitation.] If any retreat becomes unfit for the habitation of the persons detained therein under this act, or otherwise unsuitable for its purpose, the local authority or the inspector of retreats appointed under this act shall order their discharge from such retreat on a day to be mentioned in the order. Such order shall be signed by the clerk of the local authority or by the inspector, as the case may be.
“ Notice of such Removal.] The licensee of the retreat from which such persons or person are to be so removed shall, with all practicable speed, send by post a copy of such order to the person by whom the last payment for each person so to be removed from the retreat was made, or one at least of the persons who signed the statutory declaration under section ten of this act.
“10. Persons may be admitted to Retreats on their own Application.] Any habitual drunkard desirous of being admitted into & retreat may make application in writing to the licensee of a retreat for admission into such retreat, and such application shall be in the Form No. 3 in the Second Schedule hereto, and shall state the time during which such applicant undertakes to remain in such retreat. Such application shall be accompanied by the statutory declaration of two persons to the effect that the applicant is an habitual drunkard within the meaning of this act.
The signature of the applicant to such application shall be attested by two justices of the peace, and such justices shall not attest the signature unless they have satisfied themselves that the applicant is an habitual drunkard within the meaning of this act, and have explained to him the effect of his application for admission into a retreat and his reception therein, and such justices shall state in writing, and as a part of such attestation, that the applicant understood the effect of his application for admission and his reception into the retreat.
Such applicant, after his admission and reception into such retreat, unless discharged or authorized by license 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.
“11. Licensees of Retreats to send Notice of Reception.] Every licensee of a retreat under this act shall, within two clear days
42 & 43 Vict. after the reception of any person received therein under this act, c. 19.
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.
“12. Power of Discharge.] Any person admitted into any retreat under this act may, at any time thereafter, be discharged by the order of a justice, upon the request in writing of the licensee of the retreat, if it shall appear to such justice to be reasonable
Inspection of Retreats. “13. Inspector and Assistant Inspector of Retreats may be appointed by the Secretary of State.] 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 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.
"The secretary of state may assign to the inspector of retreats and assistant inspector of retreats such salaries or remuneration and allowances as he may, with the consent of the commissioners of her Majesty's treasury, think proper; the said salaries, remuneration, and allowances, and the expenses of the inspectors of retreats, and assistant inspectors of retreats, in carrying out the provisions of this act, to such amount as is allowed by the commissioners of her Majesty's treasury, shall be paid out of moneys provided by parliament in that behalf.
“ 14. License to bear Stamp-Fees to be accounted for to Local Authority.] Every license granted in pursuance of this act shall be subject to a duty, and be impressed with a stamp of five pounds, and ten shillings for every patient above ten whom it is intended to admit into the retreat, and every renewal of a license shall be impressed with a stamp of the same amount. The said sums shall be deemed to be stamp duties and be under the management of the commissioners of inland revenue; and all enactments for the time being in force relating to stamp duties and to dies, plates, and other implements provided for the purpose of stamp duties, including all enactments relating to forgery and frauds relating to stamp duties, shall apply accordingly. All expense incurred by the local authority in connexion with any application for the granting, renewing, or transferring of such
license shall be borne by the applicant, together with the stamp 42 & 43 Vict.
"15. Inspection of Retreats.] Every retreat shall, from time to time, and at least twice in each 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.
“ 16. Annual Return by Inspector.] The inspector of retreats shall, in the month of January in each year, present to the secretary of state a general report setting forth the situation of each retreat, the names of the licensees, and the number of habitual drunkards who have been admitted and discharged or who have died during the past year, with such observations as he shall think fit as to the results of treatment and the condition of the retreats. The secretary of state shall lay such report, together with the rules, before parliament.
"17. Rules as to Management of Retreats.] 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.
"18. Judge of High Court of Justice, dc. may make Orders to inspect.] 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 80 detained from any such retreat.
Leave of Absence from Retreat. " 19. Permission that Person detained may reside out of Retreat.] 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 license under his hand permit such habitual drunkard to live with any trustworthy and respectable person named in the
42 & 43 Vict. license willing to receive and take charge of him for a definite c. 19.
time for the benefit of his health.
“Such a license 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. Absence to be reckoned in Time of Detention.] The time during which an habitual drunkard is absent from a retreat under such a license shall, except where the license is forfeited or revoked as hereinafter provided, be deemed to be part of the time of his detention in such retreat. Where such license 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. Habitual Drunkard may forfeit Leave of Absence.] An habitual drunkard absent from a retreat under such a license, 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 license, and may be taken back to the retreat as hereinafter provided. An unauthorised absence from a retreat of a person ordered to be
a detained therein shall not be excluded in computing the time during which he may be detained.
“ 22. Revocation of Leave of Absence.] Any such license 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 license may have been granted, by writing under his hand, and thereupon the habitual drunkard to whom the license related shall return to the retreat.
Offences. “ 23. Offences by Licensees of Retreats.] If any licensee of any retreat knowingly and wilfully fails to comply with the provisions of this act, or neglects or permits to be neglected any habitual drunkard placed in the retreat in respect of which he is licensed, or does anything in contravention of the provisions of this act, he shall be deemed guilty of an offence against this act.
“ 24. Offences by Officers, Servants, and other Persons.) If any person does any of the following things, – “(1.) Ill-treats, or, being an officer, seryant, or other person
employed in or about a retreat, wilfully neglects, any
habitual drunkard detained in a retreat; “(2.) Induces or knowingly assists an habitual drunkard detained
in a retreat to escape therefrom; "(3.) Without the authority of the licensee or the medical officer
of the retreat (proof whereof shall lie on him) brings into
any retreat, or, without the authority of the medical 42 & 43 Vict.
drug, or preparation,
“ 25. Offences by Habitual Drunkards while detained in Retreats.] If an habitual drunkard, while detained in a retreat, wilfully neglects or wilfully refuses to conform to the rules thereof, he shall be deemed guilty of an offence against this act, and shall be liable upon summary conviction to a penalty not exceeding five pounds, or, at the discretion of the court, to be imprisoned for any period not exceeding seven days, and at the expiration of his imprisonment (if any) for such offence he shall be brought back to such retreat, there to be detained for curative treatment until the expiration of his prescribed period of detention in the retreat, and in reckoning such period the time during which such person was in prison shall be excluded from computation.
" 26. Apprehension of Habitual Drunkard escaping from Retreat.] If an habitual drunkard escapes from a retreat, or from the person in whose charge he has been placed under license as herein before mentioned, it shall be lawful for any justice or magistrate having jurisdiction in the place or district where he is found, or in the place or district where the retreat from which he escaped is situate, upon the sworn information of the licensee of such retreat, to issue a warrant for the apprehension of such habitual drunkard at any time before the expiration of his prescribed period of detention ; and such habitual drunkard shall, after apprehension, be brought before a justice or magistrate, and may, if such justice of magistrate should so order, be remitted to the retreat from which he had so escaped.
"27. Proceedings on Death of Person detained.] In case of the death of any person detained in any retreat a statement of the cause of the death of such person, with the name of any person present at the death, shall be drawn up and signed by the principal medical attendant of such retreat, and copies thereof, duly certified in writing by the licensee of such retreat, 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 one at least of the persons who signed the statutory declaration under section ten of this Act.
" Penalty for Neglect or omission.] Every medical attendant who shall neglect or omit to draw up and sign such statement as aforesaid, and every licensee of a retreat who shall neglect or omit to