Sivut kuvina

42 & 43 Vict. certify and transmit such statement as aforesaid, shall be deemed c. 19.

guilty of an offence against this act.

28. Penalty for Offence against Act.] Any person, not being an habitual drunkard detained in a retreat, who is guilty of an offence against this act, to which no other penalty is affixed, shall be liable, on summary conviction, to a penalty not exceeding twenty pounds, or, at the discretion of the court, to be imprisoned for any term not exceeding three months with or without hard labour.

“ 29. Summary Jurisdiction Acts.] The Summary Jurisdiction Acts shall apply to all offences in respect of which jurisdiction is given to any court of summary jurisdiction by this act, or which are directed to be prosecuted, enforced, or made before a court of summary jurisdiction, or in a summary manner, or upon summary conviction.

“ 30. Appeals.] In England, if any person thinks himself aggrieved by any conviction or order of a court of summary jurisdiction, he may appeal therefrom, subject to the conditions and regulations following: “(1.) The appeal shall be made to the next court of general or

quarter sessions for the county, borough, or place in which the cause of appeal has arisen, held not less than fifteen days and (unless adjourned by the court) not more than

four months after the conviction or order appealed from: “ (2.) The appellant shall, within seven days after the cause of

appeal has arisen, give notice to the other party and to the clerk of the court of summary jurisdiction appealed

from of his intention to appeal, and of the ground thereof: “(3.) The appellant shall, within three days after such notice,

enter into a recognizance before a justice with two sufficient sureties conditioned personally to try the appeal, and to abide the judgment of the appellate court thereon, and to pay such costs as may be awarded by the court, or gire such other security, by deposit of money or otherwise, as

the justice allows : "(4.) Where the appellant is in custody any justice having

jurisdiction in such complaint may, if he thinks fit, on the appellant entering into such recognizance or giving such other security as to such justice shall seem sufficient,

release him from custody : (5.) The appellate court may adjourn the appeal; and, on the

hearing thereof, they may confirm, reverse, or modify the decision of the court of summary jurisdiction appealed from, or remit the matter, with the opinion of the appellate court thereon, to the court of summary jurisdiction, or make such other order in the matter as the court thinks


just, and if the matter be remitted to the court of summary 42 & 43 Vict.
jurisdiction, the said last-mentioned court shall thereupon

c. 19.
re-hear and decide the matter in accordance with the order
of the said court of appeal. The court of appeal may also
make such order as to costs to be paid by either party as

the court thinks just.
"31. Limitation of Actions.] Any action against any person for
anything done in pursuance or execution or intended execution of
this Act shall be commenced within two years after the thing done,
and not otherwise.

** Notice in writing of every such action and of the cause thereof shall be given to the intended defendant one month at least before the commencement of the action.

Miscellaneous. “32. Time under 9 & 10 Vict. c. 66, 8. 1.] The time during which a person is detained in a retreat shall for all purposes be excluded in the computation of time mentioned in section one of the act of the ninth and tenth years of the reign of her present Majesty, chapter sixty-six, intituled · An Act to amend the laws relating to the removal of the poor,' as amended by any other act.

"33. No Forfeiture for Non-fulfilment of Condition of Residence.] Persons who hold their estates, being other than ecclesiastical benefices, subject to any condition of residence shall not incur any forfeiture through being detained in any retreat.

" 34. Fees to be prescribed.] The secretary of state may, subject as herein mentioned, prescribe the fees to be paid in carrying out the provisions of this act.”




4 Y


The SCHEDULES referred to in the above Act.

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Borough or city cor- The justices of the The clerk to the jus

porate having a se- peace for the borough tices of the borough
parate court of quar- or city for special or city.
ter sessions.

sessions assembled.

County, riding, divi- The justices of the The clerk of the peace

sion, or part of a peace for the county for the county or county, liberty, or or place in general or place, or the person other place, not being quarter sessions as- acting as such, or a a county of a city, or sembled.

deputy duly apa county of a town,

or a borough or city
corporate as afore-



c. 19.

42 & 43 Vict. The SECOND SCHEDULE. FORM No. I.


The Habitual Drunkards Act, 1879. To the justices of the peace for the county (or borough] of [ 3 [or ar the case may be].

I, the undersigned, hereby apply for a license for the house described below, as a retreat for the reception of male [or female, or male and female] persons being habitual drunkards within the meaning of the above-mentioned act, to be detained and treated as patients therein.

And I, the undersigned, undertake to reside in the house and give my personal attention to the management, care, and treatment of the patients. Witness




[House to be described with the following (among other) particulars; and a
plan on a scale of not less than one eighth of an inch to a foot to accompany the
description and be referred to therein.

a. Dimensions of every room.
b. Arrangements for separation of sexes.
c. Quantity of land available for exercise and recreation of patients.
d. Extent of applicant's interest in the house.]

1. An application may include two or more houses belonging to the
same person or persons, provided no one of the houses is separated from
another or others of them otherwise than by land in the same occupation
and by a road, or in either of those modes.

2. The application is to be made not less than ten days before the sessions or meeting at which it is to be considered.

3. The clerk of the local authority is to give notice of the application having been made, by advertisement published in a newspaper circulating in the district of the local authority six days at least before the same sessions or meeting.


The Habitual Drunkards Act, 1879.

This is to certify that in pursuance of the
County Cor borough] of above-mentioned act the justices of the peace

acting in and for the county (or borough] of (or as the case may be], in general or quarter (or special) sessions assembled, upon the application of A.B., a copy of which application is indorsed on this license, have licensed and do hereby license the said A.B. to use the house described in that application for the reception of persons


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