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A.D. 1878.

Incorporation of schedules with forms and rules therein.

Local authority and

clerk of local authority.

Establish

ment of retreats.

"Justice" means a justice of the peace having jurisdiction in
the place where the matter requiring the cognisance of a
justice arises:

"Justices" includes the Lord Mayor or an Alderman of the city
of London, and a police or stipendiary magistrate, or other 5
justice having by law authority to act alone for any purpose
with the powers of two justices, as well as two or more justices
in petty sessions assembled:

"Person" includes a corporation and a society or association
composed of two or more persons:

"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:

"Licensee of a retreat," includes

.

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includes every person keeping, managing, or superintending a retreat, or exercising or dis- 15 charging therein any of the powers or duties of a licensee thereof:

"Habitual drunkard" means a person who by reason of habitual intemperate drinking of intoxicating liquor is dangerous to himself or herself or to others, or incapable of managing himself 20 or herself, and his or her affairs.

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 circum- 25 stances 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. The bodies and officers mentioned in the second and third 30 columns of the First Schedule to this Act shall be the local authority and clerk of the local authority under this Act, in reference to the districts mentioned in the first column of the said Schedule.

Retreats.

6. The local authority may, subject to any conditions which 35 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 40 the like effect. The license shall be in the Form No. 2 in the same Schedule, or to the like effect.

7. If the licensee of any retreat becomes incapable, from A.D. 1878. sickness or otherwise, of keeping such retreat, or if, being the sole Power of licensee, he dies before the expiration of the license, the local local authority to transauthority, by writing under their hands, indorsed on the license, may fer license. 5 transfer the license to another person, if the local authority, in its discretion, shall think fit.

drunkard

8. If any retreat becomes unfit for the habitation of the persons Removal of detained therein under this Act, the local authority or the Inspector habitual of Retreats appointed under this Act may, by writing under their from unfit 10 hands, authorise the removal of such persons, or of any of them, to habitation. another retreat.

The licensee of the retreat from which such persons or person, Notice of are so removed shall, with all practicable speed, send by post notice such removal. of such removal to the person by whom the last payment for each

15 person so removed from the retreat was made and to the clerk of the local authority.

to retreats

9. Any habitual drunkard desirous of being admitted into a Persons may retreat, may make application in writing to the licensee of a retreat be admitted for admission into such retreat, and such application shall be in the on their own 20 Form No. 3 in the Second Schedule hereto, and shall state the time application. during which such applicant undertakes to remain in such retreat. The signature of the applicant to such request for admission to a retreat shall be attested by a justice of the peace or by a commissioner to administer oaths in the Supreme Court, and such justice 25 or commissioner, having satisfied himself that the applicant is an habitual drunkard within the meaning of this Act, shall explain to him the effect of his application for admission into a retreat and his reception therein, and shall state in writing, and as a part of such attestation that the applicant understood the effect of his 30 application for admission and his reception into the retreat.

Such applicant, after his admission and reception into such retreat, unless discharged 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 35 therein till the expiration of such term; provided that such term shall not exceed the period of twelve calendar months.

send notice

10. Every licensee of a retreat under this Act shall, within Licensees two clear days after the reception of any person received therein of retreats to under this Act, send a copy of the application of such person for of reception. 40 admission under which such person is so received by any such licensee, to the clerk of the local authority.

A.D. 1878.

Power of discharge.

Inspectors

and assistant inspectors

of retreats may be

appointed

11. 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 proprietor of the retreat, if it shall appear to such justice to be reasonable and proper.

Inspection of Retreats.

12. 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."

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The Secretary of State may also, if it appears to him and to the by the Secre- Commissioners of Her Majesty's Treasury necessary for the due 10 tary of State. 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. 15

License to

Fees to be accounted for to local authority.

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 Commissioners of Her Majesty's Treasury, think proper, and such allowances, remuneration, and the salaries of the Inspector of Retreats and an 20 Assistant Inspector, and their expenses in carrying out the provisions of the Act, shall be paid out of moneys provided by Parliament in that behalf.

13. Every license granted in pursuance of this Act shall be bear stamp. subject to a duty, and be impressed with a stamp of five pounds, 25 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 30 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 expense in connection with the granting of such license shall be borne by the applicant, together 35 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, and shall be accounted for by him to the local authority.

Inspection of

retreats.

14. Every retreat shall, from time to time, and at least twice in 40 each year, be inspected by the Inspector or Assistant Inspector of

Retreats, who shall report to the Secretary of State the condition of A.D. 1878. such retreat. 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 5 in any retreat.

visitation of

15. The Secretary of State may from time to time make rules Rules as to for the inspection and also for the management of any retreats, and may from time to time cancel or alter such rules.

A printed copy of rules purporting to be the rules of a retreat 10 signed by the Inspector or Assistant Inspector of Retreats shall be evidence of such rules of the retreat.

16. 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, 15 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 20 so detained from any such retreat.

Leave of absence from Retreat.

retreats.

Judge of High Court of Justice,&c. may make

orders to inspect.

17. A Justice of the Peace at the request of a licensee of a Permission retreat may, at any time after the expiration of the first three that person detained may months of the period of detention of an habitual drunkard, by reside out of 25 license under his hand permit him to live with any trustworthy retreat. 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, 30 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.

in time of

18. The time during which an habitual drunkard is absent from Absence to 35 a retreat under such a license shall, except where the license is be reckoned revoked as herein-after provided, be deemed to be part of the time detention. of his detention in such retreat. Where such license is revoked, the time during which such habitual drunkard was so absent from the retreat shall be excluded in computing the time during which he 40 may be detained in the retreat.

A.D. 1878.

Revocation of leave of absence.

Penalty for

false statements.

Offences by licensees of retreats.

Offences by officers, servants, and otherpersons.

Offences by habitual drunkards while detained in retreats.

Escape from

retreat.

19. 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 5 related shall return to the retreat.

Offences.

20. If any person, in applying for a license under this Act, or for a renewal or transfer of any such license, makes any statement 10 knowing the same to be false, he shall be deemed guilty of an offence against this Act.

21. If any licensee of any retreat knowingly and wilfully fails to comply with the provisions of this Act, or does anything in contravention of the provisions of this Act, he shall be deemed guilty 15 of an offence against this Act.

22. 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;

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(3.) Without lawful authority (proof whereof shall lie on him) brings into any retreat, or gives to any person detained therein, or supplies, or aids, any person detained therein to 25 obtain any intoxicating liquor, or sedative or stimulant drug or preparation,

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

23. If an habitual drunkard, while detained in a retreat, wilfully neglects or wilfully refuses to conform to the rules thereof, he 30 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 35 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.

24. If an habitual drunkard escapes from a retreat, or from the 40 person with whom he is placed out under a license, he may at any

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