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Interpretation.
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3. [1]
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In this Act—
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. . . . . . . . . .
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The expression “court of summary jurisdiction” means—
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(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
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(b.) As regards Scotland, the sheriff or his substitute.
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“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.
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“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.
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“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.
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[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under the Summary Jurisdiction Act in the place where the matter requiring the cognizance of a justice arises is repealed, and such attestation may be that of any two justices of the peace, 51 & 52 Vict.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.] |
