Habitual Drunkards Act 1879

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HABITUAL DRUNKARDS ACT 1879

CHAPTER XIX.

An Act to facilitate the control and cure of Habitual Drunkards. [3rd July 1879.]

Whereas it is desirable to facilitate the control and cure of Habitual Drunkards:

Preliminary.

Short title.

1. This Act may be cited as the Habitual Drunkards Act, 1879.

[S. 2 rep. 57 & 58 Vict. c. 56 (S.L.R.)]

Interpretation.

3. [¹]

In this Act—

. . . . . . . . . .

The expression “court of summary jurisdiction” means—

(a.) As regards England and Ireland, any justice or justices of the peace to whom jurisdiction is given by the Summary Jurisdiction Acts; provided that the court when hearing and determining an information or complaint under this Act shall be constituted either of two or more justices of the peace in petty sessions sitting at some place appointed for holding petty sessions, or of some magistrate or officer sitting alone or with others at some court or other place appointed for the administration of justice, and for the time being empowered by law to do alone any act authorised to be done by more than one justice; and

(b.) As regards Scotland, the sheriff or his substitute.

“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.

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.

[S. 5 virt. rep. 61 & 62 Vict. c. 60. ss. 13, 28.]

Retreats.

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 [¹ two years] 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 [²] 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.

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.

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.

Removal of habitual drunkard from unfit habitation.

Notice of such removal.

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.

Persons may be admitted to retreats on their own application.

10. [¹] 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 hereinafter 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 [² two years].

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.

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.

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 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 the powers and duties of the Inspector of Retreats as the Secretary of State may from time to time prescribe.

The Secretary of State may assign to the Inspector of Retreats and Assistant Inspector of Retreats such salaries or remuneration and allowances as he may, with the consent of the Treasury, think proper; the said salaries, remuneration, and allowances, and the expenses of the Inspectors of Retreats, and Assistant Inspectors of Retreats, in carrying out the provisions of this Act, to such amount as is allowed by the Treasury, shall be paid out of moneys provided by Parliament in that behalf.

License to bear stamp. Fees to be accounted for to local anthority.

14. Every license granted in pursuance of this Act shall be subject to a duty, and be impressed with a stamp of five pounds, and ten shillings for every patient above ten whom it is intended to admit into the retreat, and every renewal of a license shall be impressed with a stamp of the same amount. The said sums shall be deemed to be stamp duties and be under the management of the Commissioners of Inland Revenue; and all enactments for the time being in force relating to stamp duties and to dies, plates, and other implements provided for the purpose of stamp duties, including all enactments relating to forgery and frauds relating to stamp duties, shall apply accordingly. All expenses incurred by the local authority in connexion with any application for the granting, renewing, or transferring of such license shall be borne by the applicant, together with the stamp and fee for the license; and all fees for licenses and for searches, if any, under this Act, shall be paid over to the clerk for the local authority.

Inspection of retreats.

15. Every retreat shall, from time to time, and at least twice in each year, be inspected by the Inspector or Assistant Inspector of Retreats. The Secretary of State may at any time, on the recommendation of the Inspector or Assistant Inspector of Retreats, or in his own discretion, order the discharge of any person detained in any retreat.

Annual return by Inspector.

16. The Inspector of Retreats shall, in the month of January in each year, present to the Secretary of State a general report setting forth the situation of each retreat, the names of the licensees, and the number of habitual drunkards who have been admitted and discharged or who have died during the past year, with such observations as he shall think fit as to the results of treatment and the condition of the retreats. The Secretary of State shall lay such report, together with the rules, before Parliament.

Rules as to management of retreats

17. The Secretary of State may from time to time make rules for the management of a retreat, and may from time to time cancel or alter such rules.

Any person who contravenes or fails to comply with any of such rules for the management of a retreat shall be deemed to be guilty of an offence against this Act.

A printed copy of rules purporting to be the rules of a retreat, signed by the Inspector or Assistant Inspector of Retreats, shall be evidence of such rules of the retreat.

Judge of High Court of Justice, &c. may make orders to inspect.

18. A Judge of the High Court of Justice, on an application ex-parte at chambers, or a County Court Judge, within whose district the retreat is situated, may at any time, by order under his hand, authorise and direct any person or persons to visit and examine a person detained in a retreat under this Act, and to inquire into and report on any matters which such judge may think fit in relation to the person so detained. The judge on receiving such report, may, if he shall think fit, order the discharge of any person so detained from any such retreat.

Leave of Absence from Retreat.

Permission that person detained may reside out of retreat.

19. A Justice of the Peace, at the request of a licensee of a retreat, may at any time after the admission into a retreat of an habitual drunkard, by license under his hand permit such habitual drunkard to live with any trustworthy and respectable person named in the license willing to receive and take charge of him for a definite time for the benefit of his health.

Such a license shall not be in force for more than two months, but may at any time before the expiration of that period be renewed for a further period not exceeding two months, and so from time to time until the habitual drunkard’s period of detention has expired.

Absence to be reckoned in time of detention.

20. The time during which an habitual drunkard is absent from a retreat under such a license shall, except where the license is forfeited or revoked as herein-after provided, be deemed to be part of the time of his detention in such retreat. Where such license is forfeited or revoked, the time during which such habitual drunkard was so absent from the retreat shall be excluded in computing the time during which he may be detained in the retreat.

Habitual drunkard may forfeit leave of absence.

21. An habitual drunkard absent from a retreat under such a license, who escapes from the person in whose charge he is placed as aforesaid, or who refuses to be restrained from drinking intoxicating liquors, shall be considered ipso facto to have forfeited the license, and may be taken back to the retreat as herein-after provided. . . .

Revocation of leave of absence.

22. Any such license may be revoked at any time by the Secretary of State on the recommendation of the Inspector or Assistant Inspector of Retreats, or by the Justice of the Peace by whom such license may have been granted, by writing under his hand, and thereupon the habitual drunkard to whom the license related shall return to the retreat.

Offences.

Offences by licensees of retreats.

23. If any licensee of any retreat knowingly and wilfully fails to comply with the provisions of this Act, or neglects or permits to be neglected any habitual drunkard placed in the retreat in respect of which he is licensed, or does anything in contravention of the provisions of this Act, he shall be deemed guilty of an offence against this Act.

Offences by officers, servants, and other persons.

24. If any person does any of the following things,—

(1.) Ill-treats, or, being an officer, servant, or other person employed in or about a retreat, wilfully neglects, any habitual drunkard detained in a retreat;

(2.) Induces or knowingly assists an habitual drunkard detained in a retreat to escape therefrom;

(3.) Without the authority of the licensee or the medical officer of the retreat (proof whereof shall lie on him) brings into any retreat, or, without the authority of the medical officer of the retreat, except in case of urgent necessity, gives or supplies to any person detained therein, any intoxicating liquor, or sedative narcotic, or stimulant drug or preparation,

he shall be deemed guilty of an offence against this Act.

Offences by habitual drunkards while detained in retreats.

25. If an habitual drunkard while detained in a retreat, wilfully neglects or wilfully refuses to conform to the rules thereof, he shall be deemed guilty of an offence against this Act, and shall be liable upon summary conviction to a penalty not exceeding five pounds, or, at the discretion of the court, to be imprisoned for any period not exceeding seven days, and at the expiration of his imprisonment (if any) for such offence he shall be brought back to such retreat, there to be detained for curative treatment until the expiration of his prescribed period of detention in the retreat, and in reckoning such period the time during which such person was in prison shall be excluded from computation.

Apprehension of habitual drunkard escaping from retreat.

26. If an habitual drunkard escapes from a retreat, or from the person in whose charge he has been placed under license as herein-before mentioned, it shall be lawful for any justice or magistrate having jurisdiction in the place or district where he is found, or in the place or district where the retreat from which he escaped is situate, upon the sworn information of the licensee of such retreat, to issue a warrant for the apprehension of such habitual drunkard at any time before the expiration of his prescribed period of detention; and such habitual drunkard shall, after apprehension, be brought before a justice or magistrate, and may, if such justice or magistrate should so order, be remitted to the retreat from which he had so escaped.

Proceedings on death of person detained.

Penalty for neglect or omission.

27. In the case of the death of any person detained in any retreat a statement of the cause of the death of such person, with the name of any person present at the death, shall be drawn up and signed by the principal medical attendant of such retreat, and copies thereof, duly certified in writing by the licensee of such retreat, shall be by him transmitted to the coroner and to the registrar of deaths for the district, and to the clerk of the local authority, and to the person by whom the last payment was made for the deceased, or one at least of the persons who signed the statutory declaration under section ten of this Act.

Every medical attendant who shall neglect or omit to draw up and sign such statement as aforesaid, and every licensee of a retreat who shall neglect or omit to certify and transmit such statement as aforesaid, shall be deemed guilty of an offence against this Act.

Penalty for offence against Act.

28. 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.

Summary Jurisdiction Acts.

29. 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.

Appeals.

30. 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 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:

. . . . . . . . . .

Limitation of actions.

31. 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.

Time under 9 & 10 Vict. c. 66. s. 1.

32. 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 Poor Removal Act, 1846, as amended by any other Act.

No forfeiture for non-fulfilment of condition of residence.

33. 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.

Fees to be prescribed.

34. The Secretary of State may, subject as herein mentioned, prescribe the fees to be paid in carrying out the provisions of this Act.

Scotland.

Application of Act to Scotland.

20 Geo. 2 c. 43.

35. In the application of this Act to Scotland the following provisions shall have effect:

(1.) The term “sheriff” includes sheriff substitute:

(2.) All penalties for offences under this Act shall be recovered with expenses, in a summary manner before the sheriff at the instance of the procurator fiscal of court:

(3.) An appeal against a conviction or order of a court of summary jurisdiction under this Act shall be to the High Court of Justiciary in the manner and under the rules, limitations, and conditions contained in the Heritable Jurisdictions (Scotland) Act, 1746, or as near thereto as circumstances admit; with this variation, that the appellant shall find caution to pay the fine and expenses awarded against him by the conviction or order appealed from, together with any additional expenses awarded by the court dismissing the appeal:

(4.) The jurisdiction and authority conferred on a county court judge under this Act in England may in Scotland be exercised by a sheriff.

Ireland.

Application of Act to Ireland.

14 & 15 Vict. c. 93.

40 & 41 Vict. c. 56.

36. In the application of this Act to Ireland the following provisions shall take effect:.

(1.) An appeal against a conviction or order of a court of summary jurisdiction shall, within the police district of Dublin metropolis, be made in manner prescribed or allowed by the Acts regulating the powers and duties of justices of the peace for such district, and as regards other places in Ireland in accordance with the provisions of the Petty Sessions (Ireland) Act, 1851, and any Act or Acts affecting or amending the same, or as nearly in accordance with their several Acts in each case as the circumstances will permit:

(2.) All fees for licenses and searches, and other fees, if any, under this Act, shall be paid over to the clerk of the local authority, and in every case in which such clerk is a clerk of the peace, or temporary clerk of the peace, shall be receivable by him for his own use, but in every case in which such clerk is a clerk of the Crown and peace, shall be accounted for by him in the same way as fees payable to him under the provisions of the County Officers and Courts (Ireland) Act, 1877.

The SCHEDULES referred to in the above Act.

[First Schedule rep. 61 & 62 Vict. c. 60. s. 28.]

The [¹] SECOND SCHEDULE.

Sects. 4 , 6 , 10 .

Form No. 1.

Application for License of Retreat.

The Habitual Drunkards Act, 1879.

To the justices of the peace for the county [or borough] of [

[or as 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.

[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].

Rules.

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.

Form No. II.

License.

The Habitual Drunkards Act, 1879.

Dated this            day of            18

(Signed) __________________

Clerk of the Local Authority.

Rules.

1. A fee of ten shillings is to be paid for the license.

2. The clerk of the local authority, within ten days after a license has been granted, is to give notice of the granting thereof by advertisement published in a newspaper circulating in the district of the local authority and is to send a copy of the license to the Secretary of State.

Form No. III.

Request for Reception into Retreat

The Habitual Drunkards Act, 1879

To

I, the undersigned, hereby request you to receive me as a patient in your retreat at                  in accordance with the above-mentioned Act, and I undertake to remain therein for                         at least, unless sooner duly discharged, and to conform to the regulations for the time being in force in the retreat.

            The above named            signed this application in our presence, and at the time of his [or her] so doing we satisfied ourselves that he [or she] was an habitual drunkard within the meaning of the Habitual Drunkards Act, 1879, and stated to him [or her] the effect of this application, and of his [or her] reception into the retreat, and he [or she] appeared perfectly to understand the same.

Dated this            day of                       .

Justices of the Peace for the county [or borough] of

[¹ So much of ss. 3, 10 as provides that the signature of an habitual drunkard applying to be admitted to a retreat shall be attested by two justices of the peace having jurisdiction under the Summary Jurisdiction Act in the place where the matter requiring the cognizance of a justice arises is repealed, and such attestation may be that of any two justices of the peace, 51 & 52 Vict. c. 19. s. 4. By 61 & 62 Vict. c. 60. s. 16 one justice is substituted for two justices in s. 10 of this Act as the attesting authority to the signature of an applicant.]

[¹ Substituted for thirteen months by 61 & 62 Vict. c. 60. s. 15.]

[² The second Schedule and the references thereto in ss. 6, 10 are rep. as from the date at which new forms substituted under 61 & 62 Vict. c. 60 come into effect; see s. 28 of that Act.]

[¹ See notes to ss. 3, 6.]

[² Substituted for twelve months by 61 & 62 Vict. c. 60. s. 16.]

[¹ See note 2 to s. 6.]