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Statutes of Northern Ireland


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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.


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URL: http://www.bailii.org/nie/legis/num_act/sja1908319.txt