Habitual Drunkards Act 1879
| Jurisdiction | UK Non-devolved |
| Citation | 1879 c. 19 |
| Year | 1879 |
Habitual Drunkards Act, 1879
(42 & 43 Vict.) CHAPTER 19.
An Act to facilitate the control and cure of Habitual Drunkards.
[3d July 1879]
W HEREAS it is desirable to facilitate the control and cure of Habitual Drunkards:
Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by authority of the same, as follows:
Preliminary.
1 Short title.
1. This Act may be cited as theHabitual Drunkards Act, 1879.
2 Commencement of Act.
2. This Act shall commence and come into operation on the first day of January one thousand eight hundred and eighty, and shall be in force until the expiration of ten years from the passing thereof and to the end of the then next session of Parliament.
3 Interpretation.
3. In this Act—
The expression ‘Secretary of State’ means one of Her Majesty's Principal Secretaries of State.
The expression ‘summary conviction’ means conviction before a court of summary jurisdiction.
The expression ‘Summary Jurisdiction Acts’ means—
(1) (1.) As regards England, the Act of the session of the eleventh and twelfth years of the reign of Her present Majesty, chapter forty-three, intituled ‘An Act to facilitate the performance of the duties of justices of the peace out of sessions within England and Wales with respect to summary convictions and orders,’ and any Act amending the same; and
(2) (2.) As regards Scotland, the Summary Procedure Act, 1864 ;and
(3) (3.) As regards Ireland, with reference to any matter or proceeding in the police district of Dublin metropolis, the Acts regulating the powers and duties of justices of the peace for or the police of such district, and with reference to any matter or proceeding elsewhere in Ireland, the Petty Sessions (Ireland) Act, 1851 , and the Acts amending the same.
The expression ‘court of summary jurisdiction’ means—
‘Justice’ means a justice or justices of the peace, metropolitan police magistrate, stipendiary or other magistrate by whatever name called, having jurisdiction under the Summary Jurisdiction Acts in the place where the matter requiring the cognizance of a justice arises.
‘A retreat’ means a house licensed by the licensing authority named by this Act, for the reception, control, care, and curative treatment of habitual drunkards.
‘Habitual drunkard’ means a person who, not being amenable to any jurisdiction in lunacy, is notwithstanding, by reason of habitual intemperate drinking of intoxicating liquor, at times dangerous to himself or herself or to others, or incapable of managing himself or herself, and his or her affairs.
4 Incorporation of Schedules with Forms and Rules therein.
4. The Schedules to this Act, with the notes and directions therein, shall have effect as part of this Act; and the Rules contained in those Schedules and the Forms therein given, or Forms to the like effect, shall be observed, with such variations as circumstances require, by the persons, for the purposes, and in the manner therein indicated; but no instrument made in execution or intended execution of this Act shall be invalidated for defect in form only.
5 Local authority and clerk of local authority.
5. The several bodies and officers mentioned in the second and third columns respectively of the First Schedule to this Act shall be the local authority and clerk of the local authority respectively under this Act, in reference to the several corresponding districts mentioned in the first column of the said Schedule.
Retreats.
6 Establishment of retreats.
6. The local authority may, subject to any conditions which such local authority shall deem fit, grant to any person, or to two or more persons jointly, a license for any period not exceeding thirteen months to keep a retreat; and may, from time to time, revoke or renew such license. The application for such license shall be in the Form No. 1 in the Second Schedule hereto, or to the like effect. The license shall be in the Form No. 2 in the same Schedule, or to the like effect. One at least of the persons to whom a license is granted shall reside in the retreat and be responsible for its management. A duly qualified medical man shall be employed as medical attendant of such retreat, provided that when the name of the licensee shall be on the Medical Register he may himself act as such medical attendant.
7 To whom license not to be given.
7. No license shall be given to any person who is licensed to keep a house for the reception of lunatics.
8 Power of local authority to transfer license.
8. If the licensee of any retreat becomes incapable, from sickness or otherwise, of keeping such retreat, dies, or becomes bankrupt, or has his affairs liquidated by arrangement, or becomes mentally 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.
9. 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.
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.
10. Any habitual drunkard desirous of being admitted into a 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 authorised by license as herein-after 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.
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.
12 Power of discharge.
12. 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 and proper.
Inspection of Retreats.
13 Inspector and Assistant Inspector of Retreats may be appointed by the Secretary of State.
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 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...
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