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Drunken person may be detained if incapable of taking care of himself.
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25. Every person who, in any highway or other public place, whether a building or not, is so drunk as to be incapable of taking care of himself, may be detained by any constable until he can, with safety to himself, be discharged, but if so detained he shall be summoned in due course to answer for such offence, and he shall not by such discharge be relieved from the liability to any penalty to which he is subject.
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