Inebriates Act 1881 (SA)
ANNO QUADRAGESIMO QUARTOET QUADRAGESIMOQUINTO
A.D. 1881.
No. 238. An Act to consolidatc and amend t l ~ c Laws for the Protection, Treatment, and Cure of Inebriates, and for other pui-poscs.
W | Preamble. |
mcnt, ancl cure of incbrintes, and to prevent h:cbitnal druilkards from being supplied with intoxicating liqnom-Be it therefore Enacted by the Govcrnor of the Province of South Australia, with the advice and conscnt of the Leg,islative Council and House of Assembly of the said province, in this present Parliament assembled, as follows: |
short Title. |
the holder of a wine or bcer licence. |
Amendment Act, 1878," shall be and thc same are hereby repealed, except so far as affects any act, matter, or thing done under t,he same before the passing of this Act.
3, The following welds within inverted commas shall, for the Interpretation.purposes of this Act, bear the meanings sct against them resljec-
tively, unlcss where the context iuiplies otherwise-
Intoxicating liquor "-Wine, | bcer, and all liquors containing |
alcohol:
*
Incorrigible drunkard "-Any | person who has been convickd |
of drunkenness three timcs within a pcriod of six months:
Dealer in liquors "-Breyer, | licensed victualler, winemaker, or |
44' &45" VICTORIA5, No.238.
The Inebriates Act.-188 1.
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 Betreat, and may from time to time revoke such licence; and such Retreat shall- be conducted by a superintendent under the supervision of a committee of management, to consist of eight members to be elected from the contributors | ||
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Book" shall be kept, in which shall be entered the names and | ||
shall be held in July of every year, at a day, place, and hour to be | |||
hrs. | named by the committee of management of such Retreat, and ex- traordinary general meetings of the contributors may be convened at any time by the committee of management, for any purpose eon- | ||
neated with the Retreat under their management. And all questions | |||
submitted to any such meetings shall bc decided by a majority of the votes of the contributors present in peason or by proxy, and who vote, | |||
the chairman of such meeting being elected thereat, and having a | |||
second or casting-vote upon every question on which there is an | |||
equality of votes. | |||
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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 exceeding that amount but being under Fifty Founds, one vote during the life of such contributor; for | |||
upward^, three votes during the life of such contributor. | |||
elected by ballot at an extraordinary general meeting of the con- | |
tributors specially convened for that purpose, to be held at a place and hour to be named in the notice calling such meeting, and one- half in number of the members of such committee shall cease to be |
members
44" & | - | -- | .. ..-p |
-
The Inebriates Act.-1881. members thereof at the next annual general meeting of the contri- butors. And at each annual gcncral meeting of contributors to every Retreat onc-half in number of the members of the committee of management shall retire, and new members shall be elected by ballot in place thereof, the retiring members being eligible for re-election if continuing to be contributors, but no person shall be eligible for election as member of such committee unless he be
a contributor of not less than One Pound and One Shilling annually to the funds of such Retreat.
Retreat shall form a quorum competent to discharrge the powers vested in such committee, and any vacancy shall not invalidate any act done by the committee during the continuance of such vacancy.
10. If any nicmber of any committee of management shall dieVacancies, how filled. or resign by letter under his hand addressed to the chairman of the committcc, or become lunatic, or be convicted of any treason, felony, or misderneanor, or be absent for six consecutive meetings from the committee of management without obtaining leave of absence from thc committee, his office shall become vacant, and the remaining members of the committee way declare his office vacant, and shall temporarily appoint thereto some contributor to such Retreat until the next annual meeting for the election of mcmbers of the coxn- mittee.
The committee of | management of | cvcry Retreat shall have |
possession of and be vested with all the lands, hcrcditan~ents, and other property belonging to such Retxcat in trust for thc purposes thereof, with full power to purchase and hold other lands, tenements, and hercditanients in the name of such Rctrcitt, in trust for the purposes thereof, and wi th the conseut of the Governor to let, sell, or dispose of any of the said lands, teiicmcnts, and hereditnments, and
from any such sale shall not be applied for maintenance of inmates, execute conveyances and assurances thereof, but the proceeds arising | ||
left to such Retreat lw benevolent persons, or iu any other maiincr whatever, and shall nlso have the care, management, control, and supervision of such Retreat, and the appointment of the superin- tendent, medical and other officers, nurses, and other attendants as to such cornmittcc may seem necessary for the requirements of such Retreat, and from timr. to time as nccasion may require shall have power to suspend or remove the person so appointed, and appoint mother in his place or in the place of any sick, deceased, or absent holder of any such appointment. | ||
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under the management or control of any committee of managc- mtnt of any Retreat, it shall be sufficicAt to state or allege the property, moncy, goods, chattels, or effects to belong to, and any |
offence 44' & 45' VICTORIA, No.
238.
or defraud '' The Committee of Management of the | offence to have been done and committed with the intent to injure such Retreat l, without any further or other name, addition, or de- scription whitetever. |
I. For the regulation of its own proceedings, including the
appointment of a chairman:
11. For determining the validity of disputed elections, and for conducting such elections and all matters connected there- with:
on the nomination or recommendation of contributors or
otherwise, and of their discharge therefrom:
rv. For fixing the payment to be made for the care, board, and
maintenance of inmates of the Rctueat:
v. For providing employment alld fixing the rates of wages to
be paid for the labor of the inmates of the Retreat:
VI. For the moral ilistruction of the inmates of the Retreat:vrr. For the maintenance of order, discipline, decency, and dean-
liness among the inmates of the Retreat:
vm. For prescribing the duties of the several officcrs of any Itetreat; for keeping proper records, books, accounts, ard vouchers; and for providing for the annual publication of abstract of the expenditure, and the amounts contributed, for the information of contributors:
trol, and superintendence of the Re treat:
Yrovided that such rules and regulations shall bc laid beforc both Houses of Parliament within fourteen days after the making thereof
if Parliament bc then sitting, or, if Parliament be not then sitting,
within fourteen days after the commencement of the then next Session of Parliament; and until the making of such rules and regulations under this
Act, the rules and regulations contained in Scheclule1) shall apply to every Itetreat.
gection shall be approved by the Governor, and, when so approved, | |
shall have the force of law; and x copy of such roles and regulations published in the |
deemed
44" & 4 5 O VICTORIA?, No.238.
The Inebriates Ac t .1881. deemed sufficient evidence of such rules and regulations, and that
the same were duly made and approved.
lation, and every order by which any such rule or regulation shall |
bc revoked shall be published in thc
Gove~nment Gazette, and shalltake effcct from the 'time of such publication.
any order from any Justice of the Peace for that purpose, may, at | |
any hour of the day or night, enter and inspect any Retreat, and ex- amine 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 | |
" Thc Visiting Justices' Book," such observations as he mav think | |
fit respecting thc management of such Retreat, and the stafe of the inmates confined therein; and the superintendent of every Retreat shall, at least once in evcry three months, transmit a true copy of every such record to the Chief Secretary. |
superintendent, or any officer of, or contributor to, any Retreat, | |
rcqttired to be given by this Act, or the rules and regulations made | |
in pursuance hereof, may be served by the same being transrnittcd through the post, directed according to an address to be left for that purpose by such member of thc committee, superintendent, officer, or contributor, in writing under his hand, at such Retreat. |
In proving such service as aforesaid, i t shall be sufficient to 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,
shall be rcquired to be served, eithcr by post or otherwise, on any | |
member of the committee of management, snperin tendent, 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 hereinbefore xnentioned. |
desirous of being committed to a Retreat m; ~ y | Juatice |
make application to | any Justice, and such Justice, if he be satisfied | , |
that the applicant | has habitually used excessive quantities of in- hie |
toxieating 1cquor, may make, in the form contained 'ln the Schedule hereto annexed, or to the like effect, an order authorising the apprc- hension of such person, his conveyance to some Retreat, and his delivery to the superintendent or other officer thereof, and his reception, detention, and curative treatment therein for aAy term not exceeding twelve months.
addicted to the habitual use in excess of intoxicating liquor, any |
Judge
44' & 4 5 O VICTORIW, No.238.
The Inebriates A c t. 1 8 8 1.
P
Judge, Special Magistrate, or two Justices of the Peace may, upon | |
drnnlrard | proof to him or them of the reasonableness of the application, summons such persons to appear before him or them on a day named to show cnusc |
absence of the inebriate, it appears that by reason of his abuse of | |
conviction thereof, be liable to be committed by the order of such Magistrate or Justices to any Retreat, and kept therein for any tern not exceeding twelve months. |
into a Retreat under any such order |
as is required by this Act, may be cletainet1 therein until he be | ||||
discharged as hereinafter provided; am1 in casc of escapc may, by | ||||
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payment by thc inebriate of all costs and cllarges of the proceecl- ings before him or them, and
cjf the convcymce of thc inebriate to a Netreat, and of his maintenance and treatment therein; and the amounts so ordered to be paid shall bc deemed to be a judgmentdebt due by the person liable thereto to the parties in such order
mentioned.
time before the expiration of the term specified in the order of | |
detention, discharge any person so detaiued with | |
no patient be discharged until he have been in thc Retreat at least | |
one month. |
44" & 45" VICTORIX, No.
238.
+ | - |
he' |
Certificate of Justices
The wife or any relative of any person addicted to the habitual use, in excess, of intoxicating liquors, so as to be i~ijurious to himself or his family, may, and any police officer uyoli being called upon so to do by any Justice of thc Pcacc shull, obtain n J usticc's summons calling upon such person to show cause beforr! a Spccial Magistrate or two Justices of the Peace why the said Magistrates or Justices should not issue a certificate that such person is addicted to the habitual use, in excess, of intoxicating liquor, so as to be injurious to himself or his family; which certificate shall be issued upon hearing evidence as well of the person informed against as of the persons called by the informers, and, if issued, shall be of force for twelve months. |
27.
have supplicd any person in a state of intoxication, or a person
peraonarith intod- addicted to the habitual use, in excess, of intoxicating liquor, so
as catiug liquor to be to be injurious to himself' 01. his family, who shall have been certifiedsubject to penalties. as such pursuant to the list preceding section of this Act (after being served with
n copy of such certificate), with intoxicating liquor, shall, upon proof thereof, forfeit and pay the sum of Five Pounds for the first offence, and Ten Pounds for the second or any subsequent offencc, and for the third offence by a person holding a licence for the sale of liquors, hc shall be deprived thereof, and shall not at any time thereafter be nllowed to hold a licence.
If m y inmate of any Retreat shall abscond or escape therefrom before the expiration of thc term specified in the order of detention, or shall wilfully damage or destroy any property belonging to any such Retreat, or shall be guilty of insubordination or wilful disobedience to the rules of such Retl-cat, such inmate may be brought before any two or more Justices of the Peace for the said province, who shall il~alce inquiry as to the comphint made against such inmate, and, upon proof of such complaint, may order such inmate to be imprisoned for any term not exceeding three months | |
with or without hard labor: 'Znd such inmate shall, at the ter- | mination of such imprisonment, be sent back to the Hetreat and |
detained therein for the remainder of the term mentioned in the order of dctcntion. |
29.
30. Any person, whether an inmate or not, who shall directlyPunishment fornid- or indirectly counsel, or induce by letter or otherwise, any inmate
'ngabscOnaerO- of any Retreat to abscond or escape therefrom before the expiration
of the term specified in the order of detention, or bcfore such inmate
shall have been regularly discharged, or who shall aid or abet any
such inmate in so escaping or absconding, or who, knowing any such
inmate to have so absconded or escaped, shall harbor or conceal, or
assist in liarboring or concealing, such inmate, or prevent .him
from returning to such Rctrcat, shall, on conviction, forfeit and
pay any sum not exceeding Twenty Pounds, or, a t the discretion of
the Justices, may be imprisoned for any term not exceeding two
months, with or without hard labor.
31. In
44' &45" VICTORIE, No.238.
31. I n the event of any inmate being unable to pay for his care,. cure, board, and maintenance in any Retreat as aforesaid, he shall be 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.
sufficient authority to all persons acting under and in conformity to | |
such order; and no member of the committee of management, | |
superintendent, or other officer, shall be liable to action for damages | |
for acting under the orders of any Judge, Special Magistrate, or Justices under this Act. | |
35, The several forms in the Scbeclules to this Act, or forms to |
the like effect, shall be deemed good, valid, and sufficient in law. |
In the name and on behalf of Her Majesty, I hereby assent to
this Bill.
SCHEDULES.
44O &45" VICTORIZ, No.238.
The Inebriates Act.-] 881.
SCHEDULES.
[The Inebriates Act of 1881.5
To | and all Constables and peace officers, and to |
the Superintendent or other proper officer of the Retreat for Inebriates, at
Whereas on the | day of | , 188 | , | , | came before |
me,
C. D., one of Her Majesty's Justices of the Peace in and for the Province of South Australia, and applied to be committed under the provisions of " The Inebriates Act of 1881," to the Retreat situatcd at: And whereas i t appears to me that the said A. B. has habitually and excessively used intoxicating liquor: Now therefore I, the said C. D., one of Her Majesty's Justices of the Peace as aforesaid, do, in pursuanceof" The Inebriates Act of 1881," and by the authority on me thereby conferred, hereby order that you, the said constables or peace officers, apprehend the saidA. B., and convey him to the said %treat,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 submit to curative treatment for the tcrm of months, unless he be sooner
discharged according to law: | |
shall pay to E. F. the sum of |
Retreat, and to the Superintendent the sum of £ 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 pursuance of "The Inebriates Act of 1881." And for these this shall be a sufficient warrant.
Given under my hand and seal this | day of | . |
C. D., Justice of the Peace.
B.
[The Inebriates Aot of 1881.1
Medical Certificate.
, | We, the undersigned | duly qualified medical practitioners, do hereby certify that |
we have examined | of |
and that in our opinion | the said | requires curative |
treatment in a Retreat. |
[The InebriatesAct of 1881.1
Order of Detention.
South | LRoyal Arms.] | Australia. |
Whereas on the | day of | application was made |
to |
of | in the said province |
for a summons calling | to appear before |
at | in the said province |
on the | day of | 18 | to show cause why he |
should not be committed to a Retreat under the provisions of The Inebriates Act of
1881 :" And whereas the reasonableness of the said application being proved to
by the evidence of | * | . |
did therefore issue | summons to the said | to |
appear before | at | in the said province on |
the | day of | 18. | : And whereas i t now |
manifestly appears to | having heard the evidence adduced in support of | the |
said summons in the | of the said |
that
B-23s 440 &
45" VICTORIA?, No.
that
by reason of his abuse of intoxicating liquor the saidis unable to control himself and is incapable of managing his affairs
from the continuous use of such intoxicating liquors: and two medical practitioners,
to wit, and having
certified in writing that the said | requires curative |
treatment in a Retreat: Now, therefore, | do order that thc sitid |
be apprehended and conveyed to the | Retreat, and be there |
delivered to thc Superintendent or other. proper officer thereof; and that the said
bc there received, detained, and subjected to curative
treatment therein for | and | do further order and adjudge |
that the said | of | do |
of | in the said province | the sum of |
for his costs in this behalf, and the sum of
for the costs of the conveyance of the said
to the ssid Retreat; and the sum of | for his maintenance |
and treatment therein. |
Given under | hand and seal at | in the said province, |
the | day of |
[The Inebriates Act
of 1881.]
1. All inmates must strictly conform to the rules, regulations, and the Superin- tendent's directions, and no inmate shall go outside the Retreat boundary without his permission.
2. Inmates are expected to be punctual to the time set apart for meals, for
retiring to rest, and for rising in the mornings, and for leaving their bedrooms, and
in general to observe the discipline of the Retreat.
3. Any servant of the Retreat permitting alcoholic liquors to be placed within
reach of the inmates, under any pretence whatever, except when ordered by the
Medical Officer, shall be immediately dismissed.
4. Inmatesshsll not mar or deface the walls, ceilings, or any part of the Retreat buildings, nor shall they be permitted to frequent those parts of the Retreat devoted to culinary or other domestic purposes, nor shall they be allowed to parley with or pay fees to any of the servants or employ6s of the Institution; and the use of profane, indecent, or indecorous language, is strictly prohibited.5. On the admission of an inmate, the following questions are required to be
answered by the inmate, or his or her friend, if possible :-
I. Applicant's name in full. |
11. Birthplace.m. Residence.
IT. Education, whether can read and write.v. Profession or occupation.
VI. Age.
VII. Married or single.
VIII. If married, how many children living.
IX. Have parents been intemperate.
constant and regular, or periodical.
XI. I s he violent, morose, or cheerful, when intoxicated.
XJI. Has he ever had deliriumtremens, if so, how many attacks.
cure. 6. Visitors are not allowed to inmates' bedrooms, except during illness.
7. Visitors must produce authorityin writing from the inmate or his responsible friends.8. Unless in urgent cases visits must be confined to Tuesdays and Fridays.
9. All parcels intended for the inmates must be first submitted to the Superinten-dent.
10. An inventory to be taken of all money, property, and clothing of every
inmate
&
4 5 O VICTORIW, No.
The inebriatesAct.-1881, inmate on admission, which shall be placed under the charge of the Superintendent,
and returned on discharge.
11. No inmate is allowed to enter another's bedroom uninvited, nor under any
circumstance after ten o'clock p.m.
12. The morning bell to be rung, and the outer door to be opened at six in
summer, and seven in vinter, a.m. | Breakfast at eight o'clock a.m.; dinner at one |
o'clock p.m.; tea at six p.m.; except on Sundays, tea at five o'clock p.m.
13. The night bell to be rung at a quarter before ten p.m., and the outer door to
be locked at ten o'clock p.m. | Lights to be extinguished (except by permission) at |
half-past ten o'clock p.m. |
14. Servants are not allowed to do any act or errand outside the Retreat for
inmates without the permission of the Superintendent.
15. Inmates arc not allowed to assemble in any attendant's room, 16. No communication between male and female inmates allowed.
17. No fees or money presents are to be given to or received by any hired servant
of the Retreat.
18. The fees payable by inmates of the Belair Inebriates' Retreat, or his or her friend, shall not be less than one pound per week, or more than four pounds per week; and that the first payment be paid on the
day of admission for four weeks in advance, and all futurc payments to be made every month of four weeks in advance.
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