Summary Jurisdiction (Ireland) Act 1908

• Jurisdiction: Ireland
• Citation: 1908 c. 24
• Year: 1908

Summary Jurisdiction (Ireland) Act, 1908

(8 Edw. 7.) CHAPTER 24.

An Act to amend the Law relating to Drunkenness in Ireland, and for purposes connected therewith.

[1st August 1908]

Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

1 As to married men when habitual drunkards.

(1) Where a court of summary jurisdiction is satisfied by evidence produced before it that a married man is a habitual drunkard, as defined by section three of the Habitual Drunkards Act, 1879 , 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, or the relieving officer of the district in which the alleged habitual drunkard resides.

2 As to married women when habitual drunkards.

(1) Where a court of summary jurisdiction is satisfied by evidence produced before it that a married woman is a habitual drunkard, as defined by section three of the Habitual Drunkards Act, 1879, 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, or the relieving officer of the district in which the alleged habitual drunkard resides.

3 Power to rescind or vary orders.

3. The court may at any time rescind or vary an order under this Act.