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Statutes of Northern Ireland |
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You are here: BAILII >> Databases >> Statutes of Northern Ireland >> URL: http://www.bailii.org/nie/legis/num_act/sja1908319.txt |
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SUMMARY JURISDICTION (IRELAND) ACT 1908 SUMMARY JURISDICTION (IRELAND) ACT 1908 - LONG TITLE An Act to amend the Law relating to Drunkenness in Ireland, and for purposes connected therewith. [1st August 1908] As to married men when habitual drunkards. SUMMARY JURISDICTION (IRELAND) ACT 1908 - SECT 1 1.(1) Where a court of summary jurisdiction is satisfied by evidence produced before it that a married man is a habitual drunkard ... the court may, on the application of any person specified in this section, make an order under this Act protecting (a)The earnings or separate property of the wife of the drunkard; (b)Anything purchased by her with such earnings or property; (c)The wearing apparel, school requirements, and earnings of her children or step-children; (d)Any tools, instruments, appliances, or materials entrusted to her independently of her husband; (e)Any furniture, bedding, or other articles in use as household necessaries in her residence; (f)Any tools, instruments, appliances, or other articles used in connection with any work, business, or calling engaged in by the wife or her children or step-children independently of her husband. (2) The persons who may make an application to the court under this section are the wife of the habitual drunkard or his or her parent, child, brother, or sister, or anyone holding the commission of the peace of the borough or county in which the alleged habitual drunkard resides, ... SUMMARY JURISDICTION (IRELAND) ACT 1908 - SECT 2 As to married women when habitual drunkards. 2.(1) Where a court of summary jurisdiction is satisfied by evidence produced before it that a married woman is a habitual drunkard ..., the court may, on the application of any person specified in this section, make an order under this Act, protecting (a)Any furniture, bedding, or other articles in use as household necessaries in the residence of the husband of the drunkard; (b)The wearing apparel, school requirements, and earnings of his children or step-children; (c)Any tools, instruments, appliances, or other articles belonging to him, or entrusted to him independently of his wife. (2) The persons who may make an application to the court under this section are the husband of the habitual drunkard or his or her parent, child, brother, or sister, or anyone holding the commission of the peace of the borough or county in which the alleged habitual drunkard resides, ... SUMMARY JURISDICTION (IRELAND) ACT 1908 - SECT 3 Power to rescind or vary orders. 3. The court may at any time rescind or vary an order under this Act. SUMMARY JURISDICTION (IRELAND) ACT 1908 - SECT 4 Penalty for illegal seizure or pawning. 4. While an order under this Act is in force it shall not be lawful to seize or sell any article specified therein for the satisfaction or discharge of any debt or liability of the habitual drunkard, or knowingly to buy from him ... or for him to sell or give in pledge or pawn any such article; and any person knowingly acting in contravention of this enactment shall be liable, on summary conviction, to a fine not exceeding [#10], or to imprisonment ... for any period not exceeding one month. S.5 rep. by SLR 1980. S.6 rep. by SLR 1973 SUMMARY JURISDICTION (IRELAND) ACT 1908 - SECT 7 Penalty. 7. Any person who, being drunk while in charge of any person or animal or vehicle of whatever description and by whatever kind of power it may be driven or propelled, or in the possession ... of any instrument, tool, or article which unless managed with due care would become a source of danger to the person or persons in whose presence it might be used, carried, or placed, endangers the life or limb of any person, shall be liable, on summary conviction, to a fine not exceeding [#50] or to imprisonment ... for a period not exceeding one month. SUMMARY JURISDICTION (IRELAND) ACT 1908 - SECT 8 Arrest. 8. The owner or manager of any premises may require any constable on duty to arrest and remove from such premises any person in his employment who is found drunk thereon. SUMMARY JURISDICTION (IRELAND) ACT 1908 - SECT 9 Penalty on persons found drunk in charge of children. 9.(1) Any person found drunk in any place, whether a building or not, to which the public have access, whether on payment or not, or on any licensed premises, while in charge of a child apparently under the age of seven years, may be apprehended, and shall, if the child is under that age, be guilty of an offence under this section, and be liable, on summary conviction, [to a fine not exceeding [#50] or to imprisonment for any period not exceeding one month or to both such fine and such imprisonment]. (2) If the child appears to the court to be under the age of seven, the child shall, for the purpose of this section, be deemed to be under that age unless the contrary is proved. Subs.(3) rep. by 1971 c.13 (NI) s.86(5) sch.12 Pt.I; 1972 NI 14 art.109(3) sch.18 S.10 rep. by 1953 c.14 (NI) s.1(2); 1971 c.13 (NI) s.86(5) sch.12 Pt.I. S.11 rep. by SLR 1980. S.12 rep. by 1923 c.9 (NI) s.5(4) sch.2 SUMMARY JURISDICTION (IRELAND) ACT 1908 - SECT 13 Short title and application of Act. 13. This Act shall apply to Ireland only, and may be cited as the Summary Jurisdiction (Ireland) Act, 1908.