2. County asylums for. 9 Geo. 4, c. 40. Visitors of county asylums to pre pare a report yearly of the patients confined therein, a copy of which to be sent to the Se cretary of State and to clerk of commissioners, under 9 Geo. IV. c. 41 (a). Secretary of State may employ any person to inspect any county asylum. Not to extend to pital. For recovery of penalties. der sects. 38 & 42; and, therefore, where two justices had made such an Sect. 55 enacts, that persons convicted of offences, becoming insane Sect. 56. "The visitors of each county lunatic asylum shall, within one month previous to the 1st day of June in every year, prepare a report of the patients confined therein, or who shall have been confined therein within the twelve months preceding, according to the form in schedule (No. 7), hereunto annexed; of which report a transcript shal be transmitted by the clerk of the visitors to his Majesty's principal Secretary of State for the Home Department; and the clerk of such vistors shall transmit a copy of such report to the clerk of the commissioners appointed under an act of the present session of Parliament, intituled, An Act to regulate the Care and Treatment of Insane Personi i England (a), who shall enter the same in a register to be kept by him for that purpose, and the names of all such patients mentioned in such report shall be by him entered in one general alphabetical list, together with a reference to the county lunatic asylum from whence such reports shall have been respectively transmitted." Sect. 57. "It shall be lawful for his Majesty's principal Secretary of State for the Home Department, if he shall see fit, to employ any medical or other person to inspect and inquire into the state of any county lunatic asylum, and to report to him the result of such inspection and inquiry; every such medical or other person so employed shall be paid such sum of money for his attendance and trouble as to his Majesty's said principal Secretary of State for the Home Department shall seem an adequate and reasonable allowance; and such expense shall be defrayed in the same manner and from the same funds as the other expenses attending the county lunatic asylum so visited." Sect. 58 provided, "That nothing in this act shall be construed to extend to the royal hospital of Bethlehem." Sect. 59. "All complaints and informations of and for offences against this act, or any order to be made in pursuance thereof, except in cases where the manner of hearing and determining thereof is hereinbefre otherwise directed, shall and may be made before one or more justice ar justices of the peace for the county or place wherein the offence shall be committed, and such justice or justices is and are hereby authorized and empowered to take cognizance thereof, and to summon the person or persons complained of to appear before him or them, or upon co plaint upon oath to issue his or their warrant or warrants for the appre hension of any such person or persons and upon appearing or not appearing of such person or persons pursuant to such summons, or upon such person or persons being apprehended with such warrant, to hear the matter of every such complaint and information, by examination of any witness or witnesses upon oath, and to make such determination thereon as such justice or justices shall think proper; and, upon conviction of any person, such justice or justices shall and may issue a war (a) This act is repealed by the 2 & 3 Will. IV. c. 107. 2. County asylums for. 9 Geo. 4, c. 40. rant, under his or their hand and seal, or hands and seals, for levying the fine, penalty, or forfeiture, by virtue of this act imposed for such offence, by distress and sale of the goods and chattels of the person so convicted; and it shall and may be lawful for any such justice or justices to order any person so convicted to be detained and kept in the custody of any constable or other peace officer until return can be conveniently made to such warrant of distress, unless the said offender shall give sufficient security, to the satisfaction of such justice or justices, for his appearance before the said justice or justices on such day as shall be appointed for the return of such warrant of distress, such day not being more than seven days from the time of taking any such security, and which security the said justice or justices is and are hereby empowered to take by way of recognizance or otherwise; but if, upon the return of such warrant of distress, it shall appear that no sufficient distress can be had thereupon to levy the said penalty or forfeiture, and such costs and charges as aforesaid, and the same shall not be forthwith paid, or in case it shall appear to the satisfaction of such justice, either by the confession of the offender or offenders, or otherwise, that the offender or offenders hath or have not sufficient goods and chattels whereon such penalties, forfeitures, fines, costs, and charges may be levied, were a warrant of distress issued, such justice shall not be required to issue such warrant of distress, and thereupon it shall be lawful for such justice or justices, and he or they is and are hereby authorized and required, by warrant under his or their hand and seal, or hands and seals, to commit such offender to the common gaol or house of correction for any term not exceeding three calendar months, unless such penalty or forfeiture, and all reasonable charges attending the recovery thereof, shall be sooner paid and satisfied; and all such fines, penalties, and forfeitures, when Application of perecovered, shall, where the application is not otherwise directed by this nalties. act, be paid into the hands of the overseers of the poor of the parish where the offence shall be committed; and the overplus, if any, arising from such distress and sale, after payment of the penalty, and the costs and charges attending the same, shall be returned, upon demand, to the owner of the goods and chattels so distrained." Sect. 60 provided, "That any person or persons thinking himself, Appeal. herself, or themselves aggrieved by any order or judgment made or given, or by the order or determination of any justice or justices of the peace, in pursuance of this act, may, within four calendar months after such order shall be made or given, complain to the justices of the peace, at the general or quarter sessions of the peace to be held in and for the county wherein the offence shall be committed, the person or persons appealing having first given at least fourteen days' clear notice in writing of such appeal, and the nature and matter thereof, to the person or persons appealed against, and forthwith after such notice entering into a recognizance before some justice of the said county, with two sufficient sureties, conditioned to try such appeal, and to abide the order and award of the said Court thereupon; and the said justices, upon due proof of such notice and recognizance having been given and entered into, shall, in a summary way, hear and determine such complaint at such general or quarter sessions of the peace, to be held for the said county, or, if they think proper, adjourn the hearing thereof until the next general or quarter sessions of the peace to be held for the said county, and if they see cause, may mitigate any forfeiture or fines, and may order any money to be returned which shall have been levied in pursuance of such order or determination, and shall and may also award such further satisfaction to be made to the party injured, or such costs to either of the parties, as they shall judge reasonable and proper; and all such determinations of the said justices shall be final, binding, and conclusive upon all parties, to all intents and purposes whatsoever." Sect. 61. "And, in order to remove doubts as to the meaning of cer- Rule for interpret ation of this 2. County asylums for. 9 Geo. 4, c. 40. • Sic. Commencement of act. 1 Vict. c. 14. tain words in this act," it is enacted, "That the word "justice' shall be Sect. 62. "This act, and the several matters and things herein con- The 1 Vict. c. 14, intituled, “ An Act to repeal so much of an Ad of the Thirty-ninth and Fortieth Years of King George the Third as autho rizes Magistrates to commit to Gaols or Houses of Correction Persons sho are apprehended under Circumstances that denote a Derangement of Mind and a Purpose of committing a Crime; and to make other Provisions for the safe Custody of such Persons," (30th March, 1838), reciting that, by the 39 & 40 Geo. III. c. 94, s. 3, "it was amongst other things enact ed, 'That, if any person should be discovered and apprehended under circumstances that denote a derangement of mind and a purpose of comitting some crime for which, if committed, such person would be liable to be indicted, and any of his Majesty's justices of the peace before whom such person may be brought shall think fit to issue a warrant for committing him or her as a dangerous person suspected to be 1 1 insane, such cause of commitment being plainly expressed in the warrant, the person so committed shall not be bailed except by two justices of the peace, one whereof shall be the justice who has issued such warrant, or by the Court of general quarter sessions, or by one of the judges of his Majesty's Courts in Westminster Hall, or by the Lord Chancellor, Lord Keeper, or commissioners of the Great Seal;' and that it is expedient to repeal so much of the said act as has been herein before recited, and to make other provisions for the safe custody of such persons;' enacts, "That so much of the said act as is herein before recited shall be and is hereby repealed." Persons in custody provisions of that insane or danger asylums. Sect. 2. "That in all cases where any person shall be in custody at the time of the passing of this act under or by virtue of any warrant for commitment made or issued by any of her Majesty's justices of the peace under the authority of the said hereinbefore recited provisions of the said act of the thirty-ninth and fortieth years of his late Majesty King George the Third, and hereby repealed, and if at any time after the passing of this act any person shall be discovered and apprehended under circumstances that denote a derangement of mind and a purpose of committing some crime for which, if committed, such person would be liable to be indicted, it shall and may be lawful for any two justices of the peace of the county, city, borough, or place where such person shall be so kept in custody or apprehended, to call to their assistance a physician, surgeon, or apothecary, and if, upon view and examination of the said person so in custody or apprehended, or from other proof, the said justices shall be satisfied that such person is insane or a dangerous idiot, the said justices, if they shall so think fit, by an order under their hands and seals, directed to the keeper of the gaol or house of correction, if in custody at the time of passing this act, or if hereafter apprehended, to the constable or overseers of the poor of the parish, township, or place where such person shall be apprehended, shall cause the said person to be conveyed to and placed in the county lunatic asylum, provided there be one situated within or belonging to the county in which such person shall be in custody at the time of passing this act, or shall be hereafter apprehended, and if there be no such asylum, then to some public hospital, or some house duly licensed for the reception of insane persons; and it shall be lawful for the said justices to inquire into and ascertain, by the best legal evidence that can be procured under the circumstances of personal legal disability of such insane person or dangerous idiot, the place of the last legal settlement of such person; and it shall and may be lawful for such two justices to make an order under their hands and seals upon the overseers or churchwardens of such parish, township, or place where they adjudge him or her to be legally settled, to pay all reasonable charges of examining such person, and conveying him or her to such county lunatic asylum, public hospital, or licensed house, and to pay such weekly sum for his or her maintenance in such place of custody as they or any two justices shall, by writing under their hands, from time to time direct; and where such place of settlement cannot be If settlement canascertained, such order shall be made upon the treasurer of the county, city, borough, or place where such person shall have been in custody or apprehended Provided always, that nothing herein contained shall be construed to extend to restrain or prevent any relation or friend from taking such insane person or dangerous idiot under their own care and protection, if he shall enter into sufficient recognizance for his or her peaceable behaviour or safe custody, before two justices of the peace, or the Court of quarter sessions, or one of the judges of her Majesty's Courts in Westminster Hall: Provided always, that the churchwardens and Appeal. overseers of the parish in which the justices shall adjudge any insane person or dangerous idiot to be settled may appeal against any such order to the next general quarter sessions of the peace to be holden for the county where such order shall be made, in like manner and under like restrictions and regulations as against any order of removal, giving Justices may inquire into settleor dangerous ment of lunatics idiots, and make order for payment of their maintenance, &c. not be ascertained. Nothing herein to prevent relations from taking lunatics under their own care. 2. County asylums for. 9 Geo. 4, c. 40. • Sic. Commencement of act. 1 Việt. e. 14. tain words in this act," it is enacted, "That the word 'justice' shall be deemed to mean justice of the peace; and that the words treasurer of the county' shall be deemed to include any officer in any county, riding, division of the county of Lincoln, liberty, county of a city, county of a town, cinque port, or town corporate, who has the custody of any funds assessed upon or raised in or belonging to any county, riding, division of the county of Lincoln, liberty, county of a city, county of a town, cinque port, or town corporate, in the nature of county rates, and applicable to the purposes to which county rates are applicable; that the word 'visitor shall be deemed to include any justice of the peace, or subscriber to any lunatic asylum supported by voluntary contributions, duly appointed, according to the provisions of this act, to superintend the providing, building, or management of any county lunatic asylum; that the words 'insane person' shall be deemed to include any lunatic or idiot; and that the said words 'justice,' 'treasurer of the county," 'visitor,' 'insane person,' and the words 'clerk of the peace,' and the words 'overseer of the poor,' and the word 'churchwardens,' shall each be deemed to include any person acting as such, and any number of justices, treasurers, visitors, insane persons, clerks of the peace, overseers of the poor, and churchwardens, and the word 'person' shall be deemed to include any number of persons; and the meaning of the said words shall not be restricted, although the same may be referred to in the singular number and mascular gender only; and that the word 'apothe cary' shall be deemed to mean a person authorized to practise as such under an act passed in the fifty-fifth year of King George the Third, intituled, An Act for better regulating the Practice of Apothecaries in England and Wales, and also an act passed in the sixth year of King George the Fourth, to amend and explain the aforesaid act of the fifty-fifth year of his late Majesty, and that the word 'county' shall be deemed to include any county, riding, division of the county of Lincoln, liberty, county of a city, county of a town, cinque port, or town corporate; and the words 'parish or place' shall be deemed to include any township, hamlet, tithing, vill, extra-parochial place, or any place maintaining its own poor; and that the words 'general quarter sessions' shall be deemed to include any general annual sessions of the peace, or any adjournment thereof; and the words 'county rate' shall be deemed to include any funds assessed upon or raised in or belonging to any county, riding, division of the county of Lincoln, liberty, county of a city, county of a town, cinque port, or town corporate, in the nature of county rates, and applicable to the purposes to which county rates are applicable; and that the meaning of the said several words shall not be restricted, although the same may be subsequently referred to in the singular number only, unless it be otherwise specially provided, or there be something in the subject or context repugnant to such construction.” Sect. 62. "This act, and the several matters and things herein contained, shall commence and take effect from and after the 1st day of Angust, 1828, and not sooner." The 1 Vict. c. 14, intituled, “ An Act to repeal so much of an Act of the Thirty-ninth and Fortieth Years of King George the Third as authorizes Magistrates to commit to Gaols or Houses of Correction Persons who are apprehended under Circumstances that denote a Derangement of Mind and a Purpose of committing a Crime; and to make other Provisions for the safe Custody of such Persons," (30th March, 1838), reciting that, by the 39 & 40 Geo. III. c. 94, s. 3, "it was amongst other things enacted, That, if any person should be discovered and apprehended under circumstances that denote a derangement of mind and a purpose of committing some crime for which, if committed, such person would be liable to be indicted, and any of his Majesty's justices of the peace before whom such person may be brought shall think fit to issue a warrant for committing him or her as a dangerous person suspected to be |