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WH

A.D. 1878.

No. 92.

An Act to amend The Inebriates Act of 1874.

[Assented to, 21st August, 1878.]

37 and 38 Victoria,

HEREAS it is desirable to amend The Inebriates Act of 1874 Preamble.
-Be it therefore Enacted by the Governor of the Province
of South Australia, with the advice and consent of the Legislative No. 8.
Council and House of Assembly of the said Province, in this present
Parliament assembled, as follows:

or destroying property

1. If any inmate of any retreat shall abscond or escape therefrom Inmate absconding before the expiration of the term specified in the order of detention, or shall wilfully damage or destroy any property belonging to any such retreat, such inmate may be brought before any two or more Justices of the Peace for the said Province, who shall make inquiry as to the complaint 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. And such inmate shall at the termination of such imprisonment, be sent back to the retreat and detained therein for the remainder of the term mentioned in the order of detention.

ing absconders.

2. Any person who shall directly or indirectly counsel or induce Punishment for aidby letter or otherwise, any inmate of any retreat to abscond or escape therefrom before the expiration of the term specified in the order of detention, or before 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 harboring or concealing, such inmate, or prevent him from returning to such retreat, shall, on con

viction

Amendment of section 21 of original Act.

Forms.

Short Title and incorporation.

Inebriates Act Amendment Act.-1878.

viction, forfeit and pay any sum not exceeding Twenty Pounds, or at the discretion of the Justices may be imprisoned for any term not exceeding two months, with or without hard labor.

3. Section 21 of The Inebriates Act of 1874 shall be read and construed as if the words "by statutory declaration" had been omitted therefrom, and a certificate in the form in the Schedule hereto, or to the like effect, signed by two medical practitioners, shall be deemed a sufficient compliance with the provisions of the said section in reference to a certificate.

4. The several forms in the Schedule to this Act or forms to the like effect, shall be deemed good, valid, and sufficient in law.

5. This Act may be cited for all purposes as the Inebriates Act Amendment Act, 1878, and shall be incorporated with The Inebriates Act of 1874.

In the name and on behalf of Her Majesty, I hereby assent to this Bill.

WM. F. DRUMMOND JERVOIS, Governor.

SCHEDULE

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We the undersigned duly qualified medical practitioners, do hereby certify that we have examined

and that in our opinion the said

treatment in a Retreat.

of

requires curative

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to appear before

in the said Province to show cause why he

should not be committed to a Retreat under the provisions of the Inebriates Act of 1874 and whereas the reasonableness of the said application being proved to by the evidence of did therefore issue appear before

the

manifestly appears to

said summons in the

summons to the said

at

day of

18

to

in the said Province on : and whereas it now having heard the evidence adduced in support of the of the said

that by reason of his abuse of intoxicating liquor the said

is unable to control himself and is incapable of managing his affairs

and

from the continuous use of such intoxicating liquors and two Medical Practitioners, to wit, certified in writing that the said treatment in a Retreat: now, therefore,

having requires curative do order that the said be apprehended and conveyed to the Ret eat, and be there delivered to the Superintendent or other proper officer thereof; and that the said be there received, detained, and subjected to curative do further order and adjudge do pay to

treatment therein for

that the said

of

and

of

in the said Province

for his costs in this behalf, and the sum of for the costs of the conveyance of the said

to the said Retreat; and the sum of and treatment therein.

Given under

the

the sum of

for his maintenance

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Adelaide By authority, W. C. Cox, Government Printer, North-terrace.

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