Inebriates Act 1874 (SA)

ANNO TRICESIMO SEPTIMO ET TRICESIMO OCTAVO

No. 8.

An Act to provide .for the Prolection, Treatment, aalld Gure of Inebriates, and to prevent Habitual Drunkards from beiny supplied with Iiatoxicatiny Liquor.

[Assented to, 6th November, 1874.]

HEREAS it is desirable to provide for the Protection, Treat- Preamble-

rnent, and Cure of Inebriatrs, and to prevent Habitual Drunkards fiom being s~xpplied with Intoxicating Liquors-Be it therefox Enactcd by the Governor of the Province of South Ausitralia, with the advice and consent of' the Legislative Council and House of Assembly of the said Province, in this prcscnt Parliament assembled, as follows:

l. This Act may be cited as "The Inebriates Act of 1874." short Title.

2. The following words within inverted commas shall, for the Inta~etat ion

purposes of this Act, bear the meanings set against them respec-

tively, unless where the context implies othcrwise-

" htoxicating liquor "-Wine, beer, and all liquors containing

alcohol:

'' Incorrigible Drunkard "-Any person who has been convicted

of drunkenness t h c c times within a period of six months:

" Dealer in Liquors "-Brewer, licensed victualler, winemaker, or

the holder of a wine or beer licence.

3. The Governor may, subject to any provisions that he thinks ~ ~ ' ~ ' & ? ~, ~ ~, & e ' ~ '

fit, grant to any person, or to two or more persons jointly, a licence to keep a house for the protection? treatment, and cure of habitual inebriates, hereinafter called a Retreat, and may from time to time

I revoke

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The Inebriates Act.-1874.

revoke such licence; and such Retreat shall be conducted by a

Superintendent under the supervision of a Committee of Manage- ment, to consist of five members to be elected from tne contributors thereto.

Contributors' names.

4. At everv such Rctrcat a book to be called " The Contributors' addresses of such benevolent; persons as may contributc towards the funds for the support of such etr re at, together with the amount of their anmxal and single donations respcxtivelj-.

addresses9andam0u~t

Book" shall 'be #kept, in which shall be entered the names and

of contributions to be

kept.

Annual and

extraordinary general

5. Annual general meetings of the contributors to evcry Retreat

shall be held on the second Friday in January of every vcar, at a

~neeting of con.

tributors. place and hour to be named by the ~omrnittec of &!an&ement of such Retreat, and extraordinary general meetings of the contributors may be convened at any time by the Committee of Management, for any purpose connected with the Itetreat under tllcir management.

Queations decided by And a&Aqu&tions submitted to any such meetiogs sliall be decided

majority. by a, majority of the votes of the contributors present in person or by proxy, and who vote, the Choirnian of such meeting being elected thereat, arid having a second 07 casting vote upon cwry question on

casting vote. second Or ryhich there is an equality of votes.

Contributors' votes,	6. At any general meeting cwry contr.ibutor present in pcrson or by proxishall be entitled to the nimber of votes following, that is to say-for an annual donation of not less than One Pound and One Shilling, and of any sum exceeding tlmt amount, but being under Five Pounds mid Fiw Shillings, one vote; for an annual donation of Five Pounds and Fivc Shillings, and of any sum exceeding that amount, but being under Ten Pounds and Ten Shillings two votes; for an annual donation of Ten pounds and Ten Shillings, alld upwards, three votes; for a single donation of Ten Pounds, and of any sum exceeding that amount, but being under Twenty Pounds one vote for a period of ten years following	such donation; for a single donation of Twenty Pounds, and of any	sum excecc?ing that amount, but bcing under Fifty Pounds, one
vote during the life of such contributor; for a singlc donation of Fifty Pounds, and of .any m m exceeding that amount, but being under One Hundred Pounds, two votes durin,cc. the life of such contributor; and for a single donstion of One Hundred Pounds and upwards three votes during the life of such contributor.
Appointment and

retirement of Com- 7. Thc first Committcc of Management of every Retreat shall be

mitteeofManagement, elected at an extraordinary gcneral meeting of the contributors

specially convened for that purpose, to be held at a place and hour to be named in the notice calling such meeting, and thc members of such Committee shall cease to L e members thereof at the next annual general meeting of the contributors. And at each annual general meeting of contributors to every Itetrest the members of the Committee of Managcmcnt shall retire, and new mexnbe~s shall be elected in place thcrcof, the retiring members being eligible for re-election if continuing to be contributors. 8. Three

37" & 38" VICTORIB, No. 8.

The hebrintes A c t. 1 8 7 4.

8. Three members of the Cornmittw of Managcincnt of every & U O ~ U K U O ~ C O ~ -

Retreat shall form a quorum coinpetcnt to dischirge the powers mittee. vested i11 such Committee, and any vacancy shall not invalidate any

act done by tlir Cornmittcc during the con&nuance of such vacancy.

h ~ ~ f i l l e d.

g. If any member of any Committee of Managen~nt s l d l die; or

rrsign by letter under his hand addressed to the Chairman of the Committee, or become lunatic, 01. X3e con~icted of any treason, felony, or iniscleineanour, or he absent for six conscc~~tive mectings from thc Cornmittcc of Ylariugcmcat without obtaining leaw of absence from thc Comniittcc, his office shall bcconic ~~acan t, ilild the

remainin? merirbcrs of the Comnlittcc mizy clcc1;tl.c his office ~ ~ w n n t,

ancl shall temporarily appoint tll~reto somc cnntsibntor to such

Retreat until the next anilual meeting fix thr elrction of ~neinbel-s

of the Chrnrnittee.

10. 'h Coimlj t tw of &lanagc~mcnt of every Rctrent shall have Powers of Committee.

porsessiou of and l)(' V C S ~ C ~ with ill1 tlw lands, Ir~rcditamrnt.;, arid

o tllcr ~)roperty belonging to snch Kctrcat in tl-ust. for the purposes thcrcof. and shall harc\ thc atlniinistration of all fnnds contributd,

given, or left to sncli Ptctrcat by bcncvolcnt pcrsons, or in any otlier

minnler wlxttever, itnci slinll also have tlw cart), maiqcnirnt, control., arid slqmvision of sucli itetrest. and the appintinrnlt, of the super- intendent, inedical and other officers, nurses, and othcr nttcndants as to such Committee niay swm nwessary for thc rcqniremcnts of such Retreat, and from time to tiiuc as ocmsion inay rcquirc s l d l have p o w r to suspend or rcniovc the person so appointed, and appoint anothcr ill his place or in the place of any sick, cicceascd, or absent holder of any such apl~ointment.

11. In m y information or coniplaint far any offence committd

upon or in respect of any property, money, goods, chattels, or eff~cts

uilcler the management or cwntrol of a n y Commit t W of hhnagc-

ment of any Retrwt, it shall bc suffic4Lmt to state or itllcgc thc

property, rnoiiey, goods, chattels, or cffccts to ht.long to, and any	offence tu have been donc and committed with thc intent to injure
or c1efr;tnd Thc Committee of Mansgement of the --- -
Retreat" (snch blank being filled up with the c1istinr;tive name of such Retreat), without any fi~rther or other name, addition, or de-
scrip tion whatever.

12. Thc Committee of Manngerntmt of an y Retreat may, from $ j ~ ~ $ ~ ~ '

time to time, makc rulw arrd rt.gu1iitions in respect to all or any of ru~es,

tlic matters next nlentioncd. and s ~ ~ c l i mlrs and regulations so to be

madc, may, from time to time, rcvokc or vary, that IS to say-

I. For thc regulation of its own proceedings, including the

tiPp0intm&t of Chairmdn:

11. For determining the validity of disputed elections and fbr conducting such elections and all matters connected there- with:

111. For

37' & 38' VICTORIB, No. 8.

The Inebriates Act.-1 874.

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III. For regulating the admission of persons into the Rctrcat on

the nomination or recommei~datiori of contributors or othcr-

wise, and of their discharge therefrom:

TV. For fixing the payment to be made for the care, board, and maintenance of inmates of the Retreat:

v. For providing employment and fixing the rates of wagcs to be paid for the labor of inmates of the Retreat:

VI. For the moral and religious instruction of the inmates of the

Retreat:

VII. For the maintenance of order, discipline, decency, and clcan- liness among the inmates of the Retreat:

YIII. For prescribing the duties of the several officers of any Retreat, for keeping l~-opcr records, boolis, accounts, and vouchers; and for providing for the annual publication of abstract of the expenditure, a d the amounts contributed, for the information of contributors:

IX. For all matters affecting the general management, care, control, and superintentlmce of the Retreat:

Yroviclcd that such rules and regulations shall b~ laic1 before both Houses of Pnrliamcmt within fourtrcn days aftcr thc making thcreof, if Parliament be then sitting, or i1 Parliari!en t Fe not then sitting, within fourteeu days after the co~n~nencerwnt of the then next

, Session of Parlialnen t.

Regulntions to be

published in the	13. All rulcs and rcgdations madc under the last preceding section shall he i tppvcd by thc Governor, and when so approved. sl~all have the forcc of law, ancl s cor~v of such rulcs and regulatioils
Gazetfe, and to have
force of law.

I. L 1

published ip the G ~ C ~ I ~ ~ P I I t Gnze tte shall be rcceivecl in e~idence

and i1,ldicially noticzd, a~ld sll:lll, until tlw ro~ltrary be shown, be dcrm&l suffirim~t widmcc of swh ndcs and regulations, and that

tho samc w c w duly made and approved.

Disallowance of rules

and regulations.	14. The Governcr may at any time revoke any such rule or regu- lation, and every order by which any such rule or regulation shall be revoked shall be publighed in the Cxol;enznzent Gcczette, and shall take effect from the time of such pul~lication.
Justices of Peace may

visit Retreat at any 15. Any Justice of the Peace, and any other person, on obtaining

time.

an 'order fiom any Justice of the Peace for that purpose, may, at

any hour of the day or night, enter and inspect anv-.Retreat,-and

examine into the condition of the inmates confined therein, and record,

in a book to be kept at each Retreat for that purpose, to be called

The Visiting Justices' Book," such observations as he rmy think fit respecting the management of such Retreat, and the state of the inmates confined thereill; and the Superintendent of every Retreat

shall, at least once in every three months, transmit a true copy of

every such record to the Chief Secretary.

16. All

37" & 38" VICTORIB, No. 8.

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The Iteebriates Act.-1874.

16 All notices to any member of the Committee of Management, Superintendent, or any officer of, or contributor to, any Retreat,	Pr'otice to contributor and others may be
sent by post to regia-
required to be given by this Act, or the rules and regulations made	tered addrcss.
in pursuance hereof, may be served by the same being transmitted through the post, directed according to an address to be left for that purpose by such Member of the committee, Superintendent, officer,. or contributor, in writing under his hand, at such Retreat.

17. In paving such service as aforesaid, it shall be sufficient to *@nice.

prove that such notice was so directed as aforesaid, and put into a General Post Office; but nothing herein contained shall be held to render invalid any personal service of any notice.

18. No notice of any intended committee meeting or election shall Notice to contributors unnecessary, if

be required to be served, either by post or otherwise, on any member	not given.
of the Committee of llanagement, Superintendent, or any officer of, or contributor to, any such Retreat as aforesaid, who shall not have left an address in the manner, at the place, and for the purpose here- inbefore mentioned

19. Any pcrson dcsirous of being committed to a Retreat may Justice may order apprehension of

makc application to any Justicc, and such Justice if he be satisfied habit,d drunkavd on

that the applicant has habitually uscd excessive quantities of in- g8	Own
toxicating liqnor, may make, in thc form contained in the Schedule hereto annexed, or to the like effect, an ordcr authorizing the appre- hension, of such person, his conveyance to some Retreat, and his dcli-vcry to the Superintendent or other officer thereof, and his rccep- tion, detention, and curative treatment therein for any term not exceeding twelve months.

20, Upon the application of any relation or friend of any person Judge, SpecialMagis-

acldictcd to the habitual use in excess of intoxicating liquor, any summonhabitual trate, or Justices may

Judge, Special Magistrate, or two Justiccs of the Peace may, upon drunkard to appear. proof to him or them, of the reasonnblencss of the application, summons such pcrsons to appear before him or them on a day named to show cause why such person should not be committed to a Xctrcat. 21. Ii upon the hearing of such summons, in the presence or the May order appre- hension of drunkard,

absence of the inebriate, it qpcars that by reason of his abuse of and c o n w a n c e t o

intoxicating liquor the person summoned is unable to control him- Retreat.

self, or is not supporting his family, and is incapable of milnaging

his affairs or is dangerous to himself, or to others, or is suffering

under, or recovering from delz'l-ium trcmens, or chronic alcohlism, or

is in imminent danger of death from the continuous use of such

intoxicating liquor, and if two medical pr:zctitioners certify by

statutory declaration in writing that such person requires curative

treatment in a Itetreat, the Judge, Special Magistrate, or Justices

may make an order autllorising the apprehension of such person,

his conveyance to some Retreat, and his delivery to the Superin- tendent or other proper officer thmeof, and his reception, detention, and curative treatment therein, for any tcrm not exceeding twelve months, or such summons may be dismissed with costs as against the

applicant. 22. Any

32. 37" & 38" VICTORIB, No. 8.

The Inebriate:; Act.-1874.

Incorrigibledrunkard

may be committed to 22. Any person charged before a special Magistrate or two

Retreat for twelve	Justices of the Peace with being an incorrigible drunkard shall,
months.'	on conviction thereof, be liable to be committed by the order
of such Magistrate or Justiccs to any Rctreat, and kept therein
for any term not exceeding twelve months.
Detention of persona
in Retreat.	23. Every person received into a Retreat under any such order as is required by this Act, may be detained therein until he be discharged as hereinafter provided; and in case of escape may
Eecape from.	by virtue of such order be re-taken at any time after his escape, by any officer or servant belonging to such Retrcat, or by any con- stable, or by any person authorized in. writing in that behalf, by the Superintendcnt, or other manager of the Retreat, and bp conveyed to such Retreat and received and detained therein,
Judge,&-e.,maydirect

payment as to costs of 24. The Judge, Special Magistrate, or Jnsticcs, as aforesaid, may,

inebriate.

if he or thev think fit, t)v the same or .n different ordcr direct the payment b; the ineb'riah of all costs and charges of the proceed- ings before him or them, and of the conveyance of the inebriate to a Retreat, and of his maintenarlce and tmatment thcrcin; and the amounts so ordered to be paid shall be deemed to be a judgment debt due by the pcrson liable ?hereto to the parties in such order mentioned.

Committee may

discharge inebriate 25. The Committee of Management of the Retreat may, at any

,qiratim of time before the expimticn of the term sprified in the order of

term ordered.

detention, discharge any person 80 detained wkh the approval of

the medical officer attending such Retreat.

of Justices

issued upon oath. 26, The wife or any relative of any person addicted to the habitual use. in excess, of intc7kcztting liquors, so as to be injurious to himself U L

or his family, may, and any police officer upon being called upon so

to do by any Justice of the I'cacc, shall obtain a Justice's summons calling upon some person to show cause before a Special M;lgistrate or two Justices of the Peace why the said Magistrates or Justices

use, in excess, of intoxicating liquor, so as to be injurious to himself	should not issue a certificate that such person is addicted to the habitual
or his family; which certificate shall be issued upon hearing evidence, as well of the person informed against as of the prrson called by the informers; and, if issued, shall be of force for twelve months.

nealers in liquors, 27. Any dealer in liquors or other person who shzlll be proved to

&C., supplying

drunken persons with have supplied any person in a state of intoxication, or a person addicted

intoxicating liquor to to the habitual use, in excess, of' intoxicating liquor, so as to be in-

be subject to penal- ties. jurious to himself or his family, who shall have been certified as such

pursuant to the last preceding section of this Act (after being served with a copy of such certificate) with intoxicating liquor, shall upon proof thereof, forfeit and pay the sum of Five Pounds for thc first offence, and Ten Founds for the second or any subsequent offence, and for the third offence by a person holding a licence for the sale

of liquors, he shall be deprived thereof, and shall not at afiy time

thereafter be allowed to hold a licence. 28. In

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The Iiebriates Act.-1874.

28. In the event of any inmate being unable to pay for his care, Inmates unable to pay to work for

cure, board, and maintenance in any Retreat as aforesaid, he shall bc employed in such capacity as the Committee of Management or Superintendent may decide, at a fair rate of wages, from which shall be deducted all costs and charges due to the said Retreat, and the balance, if any, retained for the benefit of the inmate or the support of his family.

29. Every order made in pursuance of this Act shall be a sufficient Order to be eufficient

authority to all persons acting under and in conformity to such ~ ~ ~ ~ J ; ~ ~ ~ ~ ~ ;

order, and no member of the Committee of Management, Su~erin- officers not liable for

V I

tendent, or other officer, shall be liable to action for damages for u,,derordmofludy, damages for acting

acting under the orders of any Judge, Special Magistrate, or Justices &c.

undcr this Act.

30. Therc shall be an appeal from any order of Justices of the Appeal to Local

court.

Peace made under the provisions hereinbefore contained, which appeal order as to the payment of the costs of appeal as it shall think fit, although such costs may exceed Ten Pounds.

shall be to the Local Court of Adelaide of Full Jurisdiction only,

and the proceeding of such appeal shall be conducted in manner

appointed by the Ordinance No. 6 of 1860, for Appeals to Local

In the name and on behalf of Hcr Majesty, I hereby assent

to this Bill.

A. MUSGRA VE, Governor.

SCHEDULE

37" & 3 8 O VICTORIB, No. 8.

The Inebriates A c t. 1 8 7 4.

SCHEDULE.

Form of Commitment upon Voluntary Application.

To and all Constables and peace officers, and to

the Superintendent or other proper officer of the Retreat f a Inebriates, at

Whereas on the day of , 187 , A.B., of , came before

me, CD., one of Her Majesty's Justices of the Peace in and for the Provincs of South Australia, and applied to be committed under the provisioris of '$The Inebriates Act of 1874," to the ltetreat situated at: And whereas it appears to me that the said A.B. has habituctlly ant1 excessirely uwd intoxicating liquor: Now there- fore I, the said C.D., one of Her Majesty's Justices of the Peace as aforesaid, do, in pursuance of "The Inebriates Act of 1874," and hy the authority on me thereby conferred, hereby order that you, the said constables or peace officers apprehend the said A.B., and convey him to the said Raireat, and deliver him to the said Superin- tendent or other officer thereof, and that you, the said Superintendent or other officer receive him into your custody in the said Retreat, and him there safely keep and ~ubmi t to curative treatment for the trmn o l months, unless he be sooner discharged according to law : And I hereby by this order direct that the said A.B. shall pay to E.F. rhe sum of S for lhe expensea of his conveyance to the said Retreat, and to the Superintendcnt the sum of d: for every month of his stay therein, being the amount of the fees in that behalf ordered to be paid by the regulations made in pureuancc of "The Inebriates Act itf 187'4." And for these this shall be a sufficient warrant.

Given under my hand and seal this day of , 187 .

C.D., Justice of the Peace.

Adelaide : By authority, W. 0. Cox, Govenuncnt Printer, North-terrace.