VICTORIA.
ANNO QUADEAGESIMO PRIMO
VICTORIA
REGINU
########:|M*######**##**##*##**#^
No. DLXXVIII.
An Act to amend an Act intituled "An Act to
provide for the Treatment and Cure of Inebriates.
[31 st Ocfoter 1877.]
E it enacted by the Queen's Most Excellent Majesty by and with the Preamble,
advice and consent of the Legislative Council and the Legislative
Assembly of Victoria in this present Parliament assembled and by the
authority of the same as follows :—
1 . For the purposes of " The Inebriates Act 1872" the forms Statuto^form.
contained in the Schedule hereto or forms to the like effect may prescn
be used, and shall be deemed good valid and sufficient in law.
2 . Where any order of commitment is made in the form contained P^onsaoUng under
in the Schedule hereto or to the like effect no action or other proceeding
shall be brought or maintained against any person for any act done or
forbearance observed bond fide in pursuance of such order by reason
only of any wrongful act or omission of any person prior to or in the
matter of the issue thereof.
3 . This Act shall be incorporated with "The Inebriates ^ Titled Act.
B
^
1872
'"
SCHEDULE.
Published as a Supplement to the < Victoria Government Gazette' of Friday,
2nd November 1877.*»
49
Inebriates Act Amendment.
[41
VICT-
SCHEDULE.
« The Inebriates Act
FORM OF APPLICATION FOR SUMMONS.
1872."
Section 5.
In the matter of
of
in the Colony of Victoria, and " The Inebriates Act 1872."
To
Esquire, Judge of the County Court at
Father, brother,
I
of
in the Colony of Victoria,
relation, or friend
being
o f t l l G a bovc-namcd
<jor as the case may d o h e r e b y s t a t 3 t h a t t h e s a i J
i s a aaicted to the habitual us3,
in excess, of intoxicating drinks : and I do hereby apply for a summons against tho
said
requiring h
to appear before you at a time therein
to be named, calling upon h
to show cause why h
the said
should not be committed to a Retroat for the reasons hereinafter stated.
Dated at
this
day of
187
GROUNDS OF APPLICATION.
^ec« 6«
FORM OF SUMMONS FOR COMPULSORY COMMITMENT.
State relationthif
(^ *sy)-
I n the matter of an application of
of
in the Colony of Victoria
of
charged with tho habitual use, in excess, of intoxicating
drinks.
To
of
in the colony of Victoria,
You are hereby required to appear before the Judge of the County Court at
at his Chambers in the County Court House,
street,
on
the
day of
187
at
o'clock in the
noon, to show
cause why you should not be committed to a retreat as being addicted to the habitual
use, in excess, of intoxicating drinks.
Dated at
this
day of
187 «
Judge of the County Court at
lb. see. C.
FORM OF DECLARATION OF MEDICAL PRACTITIONER.
I,
in the Colony of Victoria, do solemnly and
flincerely declare—(I.) That I am a legally qualified medical practitioner. (2.) That I
have seen and examined
of
who is
at present suffering from the habitual use, in excess, of intoxicating drinks. (3.) That I
am of opinion that tho said
requires curative treatment
in a retreat, as defined in " The Inebriates Act 1872."
And I make this solemn declaration conscientiously believing the same to be true,
and by virtue of the provisions of an Act of the Parliament of Victoria rendering persona
making a false declaration punishable for wilful and corrupt perjury.
Declared before me at
in the
Colony of Victoria this
day of
One thousand eight hundred
*nd seventyFORM
50
No. 578.]
Inebriates Act
Amendment.
FORM OF ORDER OF COMMITMENT.
To
and all constables and peace officers and to the superintendent or
other proper officer of the lie treat for Inebriates at
Whereas upon the application to me
a judge of a county court of
of
being a relation or friend of
of
a person addicted to the habitual use in excess of intoxicating drinks and upon proof
to me by the said applicant of the reasonableness of
h
application I did
summon the said
to appear before me on the
day of
at my chambers in the
to show cause why he should not be committed to
a retreat. And whereas the said
appeared [or failed to appear] at the time
and place specified in the said summons. And whereas upon the hearing of such
summons in the presence of the said
[or in the absence of the said
and upon proof of the service upon him of the said summons] it appears to me that by
reason of h
abuse of intoxicating drinks the said
is unable to control
h
self and is incapable of managing h
affairs [or] is dangerous to h
self [or] to
others [or] is suffering under delirium tremens [or] chronic alcoholism [or] is recovering
from delirium tremens [or] chronic alcoholism [or] is in imminent danger of death from
the continuous use of intoxicating drinks. And whereas
and
being two medical practitioners have certified by a statutory declaration in writing that
the said
requires curative treatment in a retreat.
Now therefore I the said
as aforesaid do in pursuance
of " The Inebriates Act 1872," and by the authority on me thereby conferred hereby order
that you the said constables or peace officers apprehend the said
and convey h
to the said Retreat and deliver h
to the said superintendent or other
proper officer thereof; and that you the said superintendent or other proper officer receive
h
into your custody in the said Retreat and h
there safely keep and submit to
curative treatment for the term of
months unless he be sooner discharged
according to law: And I hereby by this order direct that the said
shall pay to
the sum of
pound
shillings
and
pence for the expenses of h
conveyance to the said Retreat and to the
Baid superintendent the sum of
pounds
shillings and
pence
for every month of h
stay therein being the amount of the fees in that behalf ordered
to be paid by the regulations made by the Governor in Council in pursuance of " The
Inebriates Act 1872," and for these this shall be a sufficient warrant.
Given under my hand and seal this
day of
A.D, One thousand eight hundred and seventy
A.B.€.
(L.S.)
Judge of the County Court of the
Bailiwick.
MELBOURNE:
By Authority:
JOHN FKRRES,
51
Government Printer.