FIRST SCHEDULE-continued.

Being found in any shebeen drunk.

Refusing or neglecting when drunk to quit any premises or place licensed under the Refreshment Houses (Ireland) Act, 1860, when requested.

Being drunk in any street or public thoroughfare within the Dublin police district, or being guilty while drunk of any riotous or indecent behaviour.

Being found drunk in any street, square, lane, road, way, or other public thoroughfare or place.

All similar offences in local Acts.

Public Houses Acts Amendment (Scotland) Act, 1862 (25 & 26 Vict. c. 35), s. 19.

Refreshment Houses (Ireland) Act, 1860 (23 & 24 Vict. c. 107), s. 42.

Indictment under 61 & 62 Vict. c. 60, s. 1 (ante, p. 1322).

After the charging of an offence by A. B., punishable with penal servitude or imprisonment in accordance with previous precedents, continue:]-And the jurors aforesaid, on their oath aforesaid, do further present, that the said A. B. is a habitual drunkard within the meaning of the first section of the Inebriates Act, 1898.

Evidence.

As to proof of the offence charged, see ante, passim. Prove also that the offence was committed under the influence of drink, or that drunkenness was a contributing cause of the offence (see ante, p. 29). To prove that the offender is a habitual drunkard, call evidence to show that he is addicted to the intemperate use of intoxicants (see ante, p. 30), and that he has consequently on specified occasions been dangerous to himself or others, or incapable of managing his affairs, and that he has not been certified as insane, nor otherwise rendered amenable to jurisdiction in lunacy. Previous convictions of offences within the first schedule seem to be admissible. Seven days' notice prior to the trial (see ante, p. 1322) of the intention to charge habitual drunkenness must be given to the accused person and to the proper officer of the court of trial, unless evidence of habitual drunkenness has been given before the magistrates.

was

Indictment under 61 & 62 Vict. c. 60, s. 2 (ante, p. 1322). day of Commencement as ante, p. 434]-that A. B. on the found drunk on certain premises licensed for the sale of intoxicating liquors, to wit, at the ; against the form of the statutes in such case made and provided. And the jurors aforesaid, on their oath aforesaid,

do further present, that the said A. B. within the twelve months next preceding the commission of the offence herein before charged and stated was summarily convicted three (“ three or more ") times of certain offences mentioned in the first schedule of the Inebriates Act, 1898, to wit, on the day of before a court of summary jurisdiction sitting at for of (specify an offence within the schedule) and (—, state the other previous convictions in similar manner to the first). And the jurors aforesaid, on their oath aforesaid, do further present, that the said A. B. is a habitual drunkard within the meaning of the second section of the Inebriates Act, 1898. (Cf. the precedents, ante, pp. 977, 1246.)

Evidence.

Prove the commission of the subsequent offence. See Stone, Justices' Manual (37th ed.). Prove the previous convictions by producing a record or abstract, with evidence to identify the defendant with the person convicted. See 34 & 35 Vict. c. 112, s. 18 (ante, p. 361). Convictions in Scotland or Ireland appear to be admissible. The register of the court of summary jurisdiction is not sufficient proof on a trial on indictment. See 42 & 43 Vict. c. 49, s. 29 (2): Commissioner of Metropolitan Police v. Donovan [1903] 1 K. B. 895; 20 Cox, 435. Prove that the accused is a habitual drunkard as directed under the last precedent.

APPENDIX.

CLASSIFICATION OF PRISONERS.

NOTE.-The rules printed below (which are extracts from the prison rules now in force) are included in this work for the information of courts whose duty it is to sentence prisoners; but the classification provided by the rules is a matter for the prison authorities and not for the court.

I. CONVICT PRISONS.

RULES, DATED JANUARY 21, 1905, AS TO DIVISION AND CLASSIFICATION, MADE BY THE SECRETARY OF STATE under the PRISON ACT, 1898. [STAT. RULES AND ORDERS, 1905, No. 75].

1. There shall be two divisions of penal servitude, viz. :-"A."-The Ordinary Division.

"B."-The Long-Sentence Division, for selected convicts who are sentenced to terms of more than ten years, and who have served more than seven and a half years.

2. The case of every convict in the Ordinary Division whose sentence is in excess of ten years shall be submitted by the Directors to the Secretary of State, as soon as he has earned the marks representing that period, for the purpose of decision whether be shall be placed in the Long-Sentence Division. In deciding whether a convict shall be placed in this division, regard will be had to his offence, his general character and antecedents, and his conduct and industry in prison.

"A."—Ordinary Division.

3. All convicts in the Ordinary Division shall be classified by the Directors immediately after conviction as follows, viz. :-(a) The Star Class; (b) the Intermediate Class; and (c) the Recidivist Class. Convicts of each class shall, as far as practicable, be kept apart by themselves, and not be allowed to associate with convicts of the other classes.

4. The Star Class.-Any convict shall be eligible for this class who has never been previously convicted, or who is not habitually criminal or of corrupt habits. Convicts in this class shall be liable to be removed to the Intermediate Class if found to exercise a bad influence over other convicts.

5. The Intermediate Class.—Any convict may be placed in this class

(a) who has not been previously convicted, but who, owing to his general character and antecedents, is not considered by the Directors to be suitable for the Star Class; or

(b) whose record shows that he has been previously convicted, but not of such grave or persistent crime as would bring him within the Recidivist Class.

6. The Recidivist Class.-Any convict may be placed in this class

(a) who has been previously sentenced to penal servitude or whose record shows that he has been guilty of grave or persistent crime; or

(b) whose licence, under a sentence of penal servitude, has been revoked or

forfeited.

7. Convicts in the Intermediate Class may be promoted to the Star Class on their showing proofs of a reformed character, or they may be reduced to the Recidivist Class if they are known to be exercising a bad influence over their fellow-convicts.

8. (a) Every male convict shall pass the first part of his sentence in separate confinement for the following periods, according to the class in which he is placed, viz.— Those in the Star Class for not more than the first three months of their sentence; those in the Intermediate Class for not more than the first six months; and those in the Recidivist Class for not more than the first nine months; unless, in any case, the convict's mental or physical condition is, in the opinion of the medical officer, such as to render a reduction of the prescribed term of separate confinement advisable.

(b) Subject to the last-mentioned condition, every female convict shall pass the first three months of her sentence in separate confinement.

"B."-Long-Sentence Division.

9. Convicts in the Long-Sentence Division shall, when practicable, be kept in a prison or part of a prison set apart for them.

10. They shall wear a special dress different from that worn by convicts of the Ordinary Division.

11. They shall be allowed to earn, by special industry with good conduct, gratuity continuously throughout their sentence, according to a prescribed scale, and a portion of such gratuity may be used for the purchase of certain articles of comfort or relaxation, prescribed by the Directors from time to time, which articles will be supplied from a prison store. The remainder of each convict's gratuity will be applied for his benefit in such manner as may be prescribed by the Directors, after careful inquiry

into each case.

12. They may be allowed to have their meals in association.

13. They may be allowed to converse with each other at exercise and at meals, but not during hours of labour.

14. A convict who abuses any of the privileges conferred by these Special Rules will be liable to be deprived of them, in addition to being punished under the ordinary prison rules.

15. Any convict in the Long-Sentence Division who behaves badly shall be liable to be degraded to the Ordinary Division.

16. Convicts of the Long-Sentence Division shall be subject to the General Rules for the Government of Convict Prisons, except so far as they are inconsistent with these Special Rules.

17. The rules numbered 29, 30, and 31 (1) and (8), made by the Secretary of State on April 21, 1899, are hereby revoked.

18. The above rules shall come into force on April 1, 1905.

RULES, DATED JANUARY 21, 1905, AS TO JUVENILE-ADULT CONVICTS, MADE BY THE SECRETARY OF STATE UNDER THE PRISON ACT, 1898. [STAT. RULES AND ORDERS, 1905, No. 74.]

1. There shall be a separate classification of selected convicts sentenced to penal servitude, who, on conviction, are under the age of twenty-one years.

2. The classification shall be made by the Directors as soon as possible after conviction, and after full inquiry into the general character and antecedents of the convicts.

3. The classification shall be as follows:(a) Selected convicts under the age of eighteen who may be sent by order of the Secretary of State to a specially selected prison for treatment under the Rules for Juvenile-Adult Prisoners, as approved for Local Prisons.

(b) Convicts who have never been previously convicted, or who are not habitually criminal or of corrupt habits, and who are considered to be eligible for the Star Class.

(c) Ordinary convicts not so eligible.

4. Provision will be made, as far as practicable, for keeping each class apart from the others and from the older convicts; and it will be the duty of the governor and chaplain to devote special attention to these cases with a view to acquiring a personal influence over them.

5. Special attention shall be given to their education by instruction in the ordinary subjects of the Elementary Education Code, by lectures and addresses, and by their being provided with library books and useful literature, which they shall be encouraged to read.

6. They shall be employed in association in workshops or in outdoor work, such as farming, etc., and they shall be specially instructed in useful trades and industries, which may fit them to earn their livelihood on release.

7. Should it appear to the governor or chaplain that the habit and character of any convict of this class are not suitable for this special treatment, the fact will be reported to the Directors, who may remove him from the class.

8. Special arrangements shall be made with Discharged Prisoners' Aid Societies, or other philanthropic societies, for the supervision of these cases on discharge, and with a view to provision being made for the convict's future welfare.

9. Juvenile-adult convicts will be subject to the General Rules for the Government of Convict Prisons, except so far as they are inconsistent with these Special Rules. 10. The above rules shall come into force on April 1, 1905.

PRISON RULES, DATED APRIL 21, 1899, MADE BY THE SECRETARY OF STATE UNDER THE PRISON ACT, 1898. [STAT. RULES AND ORDERS, 1899, No. 321].

Classification and Remission.

Rules 29, 30, 31 (1), (3), as to classification, are revoked and superseded by the rules printed ante, p. 1328.

31. (2) He (every male prisoner) shall also, if eligible, receive school instruction daily, and shall be frequently visited by the governor, chaplain, and medical officer.

32. Progressive stages.]—(1) A system of progressive stages shall be established with specific privileges attached to each stage, and every prisoner shall have the opportunity of profiting by this system.

(2) A prisoner while in any stage shall be entitled to every privilege attached to that stage, unless he forfeits any privilege as provided by this rule.

(3) The promotion of a prisoner from one stage to another shall be gained by industry, but it may be postponed for idleness or misconduct, or he may be removed to a lower stage, or he may forfeit any of the privileges of his stage.

33. Remission.]-By hard labour and industry with good conduct a male prisoner may render himself eligible for a licence when one-fourth of his sentence has yet to

run.

In like manner a female prisoner may render herself eligible for a licence when one-third of her sentence has yet to run. The case of a prisoner under sentence of penal servitude for life will be specially considered at the end of twenty years.

34. Refuge.]-A female prisoner may be allowed, on such conditions as may be laid down, to pass the last nine months of her imprisonment in an improved refuge.

35. Record of industry.]—(1) A daily record of the industry of every prisoner shall be kept in marks, the award of which shall be carefully supervised by the governor and deputy governor, and every prisoner shall be required to earn, as a condition of becoming eligible for a licence as above mentioned, the number of marks assigned to his sentence, and, in addition, any marks he may have forfeited for misconduct.

A.C.P.

84