§ (1) Where the order is made in respect of a person found guilty of an offence, that person shall for the purposes of the provisions of the last preceding Section be presumed to have resided in the place where the offence was or was alleged to have been committed, unless it is proved that he resided in some other place:
§ Provided that where the order is made by a Court of Assize or Quarter Sessions the Court shall remit to a Court of Summary jurisdiction for the place where the person is committed for trial the determination of his place of residence.
§ (2) Where the order is made by the Secretary of State, then—
- (a) if the order is in respect of a person in a prison, criminal lunatic asylum,,or place of detention, that person shall for the purposes of the foregoing provisions of this Section be presumed to have resided in the place where the offence was or was alleged to have been committed, unless it is proved that he resided in some other place;
- (b) if the order is in respect of a person in an inebriate reformatory or reformatory or industrial school, that person shall for the purposes of the foregoing provisions of this Section be deemed to have resided in the place (if any) determined to have been his place of residence for the purposes of his committal to the inebriate reformatory or reformatory or industrial school.
§ (3) Where a council are aggrieved by a decision as to the place of residence of any person, they may within three months after the making of the order apply to a Petty Sessional Court acting in and for such place as may be prescribed, and that Court, on proof to its satisfaction that the person in respect of whom the order was made was resident in the area of some other council, and after giving such other council an opportunity of being heard, may transfer the liability to that other council, and may order that other council to repay the first-mentioned council any expenses incurred by them in respect of the person in question, and an appeal shall lie from the decision of the Court to a Court of Quarter Sessions; but nothing in this provision shall affect the liability of the first-mentioned council under the original order until an order made transferring the liability to another council comes into force.
2592§ (4) In the case of doubt as to where a person resides the expression "place of residence" in this Section shall be construed as the county or county borough (as the case may be) in which the person would, if he were a pauper, be deemed to have acquired a settlement within the meaning of the law relating to the relief of the poor; and the expression "resided" as used in this Section and;n Section forty of this Act shall be construed accordingly.
§ Lords Amendments:—
§ In Sub-section (2), paragraph (a), after the word "prison" ["a person in a prison"], insert the words "inebriate reformatory."
§ Leave out the words "foregoing provisions of this," and insert instead thereof the words "provisions of the last foregoing."
§ In paragraph (b), leave out the words an inebriate reformatory or."
§ Leave out the words "foregoing provisions of this," and insert instead thereof the words "provisions of the last foregoing."
§ Leave out the words "inebriate reformatory or."
§ In Sub-section (4), leave out the words "and the expression 'resided' as used in this Section and in Section forty of this Act shall be construed accordingly."
§ Lords Amendments agreed to.