Who should be made defendants. Two months' notice necessary before taking proceedings. The Rivers Pollution Act, 1876, s. 13. Institution of proceedings. Practice. haps, admit of some doubt. But, at all events, the inconvennience of the suggested construction is diminished by Order V. rule 1, of "The County Court Rules, 1875," which, in the case of actions in the County Court, provides, as has been seen in an early chapter (g), that all persons may be joined as plaintiffs in whom any right exists jointly, severally, or in the alternative. As we have seen (h), proceedings under Part III. of the Act cannot be taken without the sanction of the Local Government Board. The proper persons to institute proceedings under "The Rivers Pollution Prevention Act, 1876," having been pointed out, it is, in the next place, requisite to indicate who should be made defendants. And, speaking generally, any sanitary authority or person committing any offence against the Act, is liable to be made a defendant (i). And, as we have seen (k), where the prohibition contained in Parts I., II., and III. of the Act were noticed, the person who does an act and the person who causes it, are alike offenders under the Act. Consequently, it may very well happen that more than one person may have to be joined as defendants (1). The following section of the Act imposes certain restrictions on proceedings for offences, by requiring notice to be given of intention to take such proceedings: 66 "Proceedings shall not be taken under this Act against any person for any offence against the provisions of Parts II. and "III. of this Act until the expiration of twelve months after "the passing of this Act; nor shall proceedings in any case be "taken under this Act for any offence against this Act until "the expiration of two months after written notice of the in"tention to take such proceedings has been given to the "offender, nor shall proceedings under this Act be taken for any offence against this Act while other proceedings in rela"tion to such offence are pending."-39 & 40 Vict. c. 75, s. 13. 66 "The Rivers Pollution Act" is not one of those specifically mentioned in "The County Court Rules and Orders, 1875." It therefore follows that, by Order XL. (m) of those rules, proceedings under this Act may be taken either by action commenced by way of plaint and summons, or by petition. The practice, whichever mode of proceeding be adopted, can be learnt from the Introductory Chapter to the present Book of this work (n). Book II. cap. ii. ante, p. 239. Vide sect. 6, supra, pp. 1242-1243. (k) Ante, pp. 1239, 1241. See Book II. cap. ii. (m) Set out in full, ante, p. 887. (n) See ante, p. 886 et seq. As regards the actual hearing of cases under the Act, it must The hearing. be observed that, previous to making a summary order," the "Court may, if it think fit, remit to skilled parties to report on "the best practicable and available means,' and the nature "and cost of the works and apparatus required, who shall, in "all cases, take into consideration the reasonableness of the "expense involved in their report" (o). It is presumed, however, that where the plaintiff is already in possession of a certificate, under section 12 of the Act (p), that the County Court would not be justified in having resort to this course. For, as already stated, it is expressly provided, by section 12, that such certificate "shall in all Courts and in all proceedings under this "Act be conclusive evidence of the fact" of the best practicable means having been adopted. under the Act. "The Rivers Pollution Prevention Act, 1876," provides an Appeal lies appeal against orders made under it by a section as follows::- against order "If either party in any proceedings before the County Court "under this Act feels aggrieved by the decision of the Court "in point of law or on the merits, or in respect of the admis"sion or rejection of any evidence, he may appeal from that "decision to the High Court of Justice. 66 "The appeal shall be in the form of a special case to be agreed upon by both parties or their attorneys, and, if they "cannot agree, to be settled by the Judge of the County Court upon the application of the parties or their attorneys. 66 "The Court of Appeal may draw any inferences from the "facts stated in the case that a jury might draw from facts "stated by witnesses. "Subject to the provisions of this section, all the enact"ments, rules, and orders relating to proceedings in actions in "County Courts, and to enforcing judgments in County Courts "and appeals from decisions of the County Court Judges, and "to the conditions of such appeals, and to the power of the Superior Courts on such appeals, shall apply to all proceed"ings under this Act, and to an appeal from such action, in "the same manner as if such action and appeal related to a "matter within the ordinary jurisdiction of the Court. 66 66 "Any plaint entered in a County Court under this Act may "be removed into the High Court of Justice by leave of any Judge of the said High Court, if it appears to such Judge "desirable in the interests of justice that such case should be "tried in the first instance in the High Court of Justice and "not in a County Court, and on such terms as to security for "and payment of costs, and such other terms (if any) as such "Judge may think fit."-39 & 40 Vict. c. 75, s. 11. The Rivers 8. 11. It is provided by section 10 of the Act (g), that an order of Enforcement (0) See sect. 10, ante, pp. 1243-1244. (p) See ante, p. 1240. See this section, ante, pp. 1243-1244. of orders. a County Court imposing penalties on a defendant who is in default,shall be enforced in the same manner as any debt ad"judged to be due by the Court." And that all the enactments, rules, and orders relating to the enforcing of judgments in County Courts shall apply to all proceedings under the Act (r). (r) Sect. 11, ante, p. 1247. BOOK V.-DIVISION V. PROCEEDINGS UNDER STATUTES RELATING TO CHAPTER V. JURISDICTION AND PROCEEDINGS UNDER "THE HABITUAL "THE Habitual Drunkards Act, 1879," came into operation on the 1st January, 1880, and it is provided that it shall be in force until the expiration of ten years from the passing thereof, and to the end of the then next session of Parliament (a). Object of "The Habitual Drunkards Act, 1879." Definition of "habitual The object of "The Habitual Drunkards Act, 1879," is to facilitate the control and cure of habitual drunkards (b). The Act in question contains the following definition of an "habitual drunkard":"Habitual drunkard' means a person who, not being "amenable to any jurisdiction in lunacy, is notwith- drunkard.” "standing, by reason of habitual intemperate drink- The Habitual "ing of intoxicating liquor, at times dangerous to Drunkards "himself or herself or to others, or incapable of Act, 1879, managing himself or herself, and his or her affairs." s. 3. -42 & 43 Vict. c. 19, s. 3 (c). "The Habitual Drunkards Act, 1879," provides for the Retreats to be establishment of retreats, which are thus defined : established. "A retreat' means a house licensed by the licensing Definition of "authority named by this Act, for the reception, retreat. control, care, and curative treatment of habitual Retreats to "drunkards."-42 & 43 Vict. c. 19, s. 3 (d). 66 The section of the Act which authorises their establishment is in the following terms : "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 (a) 42 & 43 Vict. c. 19, s. 2. (b) See Preamble. It has not been thought necessary to set out the whole of this section. VOL. II. 4 L be licensed Act, 1879, s. 6. Form of license. Certain per- The Habitual Transfer of The Habitual Admission of habitual drunkards into licensed retreats. 66 exceeding thirteen monthis 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 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."-42 & 43 Vict. c. 19, s. 6. The Form No. 1 referred to in the above section need not be set out. But Form 2 is given in the footnote (e). "The Habitual Drunkards Act, 1879," expressly provides, by the following section, that certain persons shall not be entitled to receive a license to keep a retreat : "No license shall be given to any person who is licensed to "keep a house for the reception of lunatics."-42 & 43 Vict. c. 19, s. 7. A license under the Act may, in certain cases, be transferred by the local authority to another person. A transfer of this kind takes place by means of indorsement on the original license. On this subject, "The Habitual Drunkards Act, 1879," provides as follows: 66 "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."-42 & 43 Vict. c. 19, s. 8. The admission of habitual drunkards into licensed retreats is regulated by the following section of the Act :"Any habitual drunkard desirous of being admitted into a (e) The Form referred to is as follows: "LICENSE. : "The Habitual Drunkards Act, 1879.' "County [or, borough] of This is to certify that in pursuance of the abovementioned 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 4. 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 being habitual "drunkards, as follows; namely, male [or, female, or, calendar months from this date. male "and "Dated this female] patients for |