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 hereinbefore 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safe custody of such persons;" enacts, "That so much of the said act as is herein before recited shall be and is hereby repealed." 2. County asylums for. 1 Vict. c. 14. Repeal of 39 & 40 Persons in custody provisions of that or 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 herein before 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provisions of the said act of the thirty-ninth and fortieth years of his late Majesty King George the Third, and hereby repealed, and if at any time after the passing of this act any person shall be discovered and apprehended under circumstances that denote a derangement of mind and a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 order for payment of their maintenance, &c. ment of lunatics idiots, and make not be ascertained. Nothing herein to prevent relations from taking lunatics under their own care. 2. County asylums for. 1 Vict. c. 14.. Persons proved not to be insane may be liberated. Act not to alter laws relating to the discharge of recovered lunatics. Act to extend to 3 & 4 Vict. c. 54. ing insane, two justices may in quire, with medi such insanity. reasonable notice thereof to the clerk of the peace of the county, riding, or division, or to the town clerk of the city, borough, or place, as the case may be, upon whose rates the burden of maintaining such insane person or dangerous idiot might fall, if such order should be invalid, and such clerk of the peace or town clerk shall be respondent in such ap peal, which appeal the justices of the peace assembled at the said gene ral quarter sessions are hereby authorized and empowered to hear and determine, in the same manner as appeals against orders of removal are now heard and determined." (See the 9 Geo. IV. c. 40, ss. 38, 41, 42, 44, 54 and 55, ante, 1253 to 1257). A commitment of an insane person, under the statute 39 & 40 Geo. III. c. 94, s. 3, was held not a commitment in execution, (as to which see tit. "Commitment in Execution," Vol. I.), and is, therefore, not to be construed with the same strictness. Therefore a warrant, stating that A. B. had been discovered and apprehended, under circumstances that denoted a derangement of mind and a purpose of committing some crime, for which, if committed, he would be liable to be indicted, to wit, an assault, and that the said A. B., being brought before the justice, was committed by him, was held sufficient, though it did not state the name of the person whom the prisoner intended to assault, and it did not appear that the committing magistrate received any evidence upon oath. (R. v. Gourlay, 7 B. & Č. 669 ; 1 M. & R. 619, S. C. See the form in that case). Sect. 3. "That if upon examination it shall appear to the physician, surgeon, or apothecary present at the examination of any person in cus tody at the time of passing this act as aforesaid, that he or she is not sa insane person or a dangerous idiot, and that such person may be suffered to go at large with safety, it shall and may be lawful for such medical person and he is hereby required to give a certificate to that efect, signed by him, to the visiting justices of the gaol or house of correction in which such person is in custody, who are hereby required to transmit the same forthwith to her Majesty's principal Secretary of State for the Home Department, who, if he shall so think fit, shall order the liberation of such person from custody." Sect. 4. "That nothing herein contained, except where otherwise expressly mentioned, shall alter the laws relating to the discharge of persons who may cease to be insane or dangerous idiots from any county lunatic asylum, public hospital, or house duly licensed for the reception of insane persons, nor authorize the removal by any parish officer of any poor person from such asylum, public hospital, or licensed house, without an order for that purpose made by two justices of the peace for the county in which such house shall be situated, after due inquiry into the circumstances of the case, unless such person shall have been discharged as cured.” 66 Sect. 5. "That this act shall extend only to England and Wales By the 3 & 4 Vict. c. 54, "An Act for making further Provision Prisoners becom- the Confinement and Maintenance of Insane Prisoners," (4th Aug. 158), reciting that "it is expedient that further provision should be made for the confinement and maintenance of insane prisoners," it is enacted, cal aid, respecting That, if any person, while imprisoned in any prison or other place of confinement under any sentence of death, transportation, or imprisonment, or under a charge of any offence, or for not finding bail for good behaviour, or to keep the peace, or to answer a criminal charge, or in consequence of any summary conviction or order by any justice or justices of the peace, or under any other than civil process, shall appear to be insane, it shall be lawful for any two justices of the peace of the county, city, borough, or place where such person is imprisoned, to inquire, with the aid of two physicians or surgeons, as to the insanity of such person; and if it shall be duly certified by such justices and such If certified to be 2. County asylums for. insane, Secretary of State to grant moval to lunatic asylum. warrant for re physicians or surgeons that such person is insane, it shall be lawful for one of her Majesty's principal Secretaries of State, upon receipt of such certificate, to direct, by warrant under his hand, that such person shall be removed to such county lunatic asylum or other proper receptacle for insane persons as the said Secretary of State may judge proper and appoint; and every person so removed under this act, or already removed or in custody under any former act relating to insane prisoners, shall remain under confinement in such county asylum or other proper receptacle as aforesaid, or in any other county lunatic asylum or other proper receptacle to which such person may be removed, or may have been already removed, or in which he may be in custody by virtue of any like order, until it shall be duly certified to one of her Majesty's If afterwards sane, principal Secretaries of State, by two physicians or surgeons, that such person has become of sound mind, whereupon the said Secretary of State is hereby authorized, if such person shall still remain subject to be continued in custody, to issue his warrant to the keeper or other person having the care of any such asylum or receptacle as aforesaid, directing that such person shall be removed back from thence to the prison or other place of confinement from whence he or she shall have been taken, or, if the period of imprisonment or custody of such person shall have expired, that he or she shall be discharged." Sect. 2. "That in all such cases as aforesaid, unless one of her Majesty's principal Secretaries of State shall otherwise direct, it shall be lawful for such two justices, or any other two justices of the peace of the county, city, borough, or place where such person is imprisoned, to inquire into and ascertain, by the best evidence or information that can be obtained under the circumstances of the personal legal disability of such insane person, the place of the last legal settlement, and the pecuniary circumstances of such person; and if it shall not appear that he or she is possessed of sufficient property which can be applied to his or her maintenance, it shall be lawful for such two justices, by order under their hands, to direct the overseers of the parish where they adjudge him or her to be lawfully settled, or in case such parish be comprised in a union declared by the Poor Law Commissioners, or shall be under the management of a board of guardians established by the Poor Law Commissioners, then the guardians of such union, or of such parish, (as the case may be), to pay on behalf of such parish, in the case of any person removed under this act, all reasonable charges for inquiring into such person's insanity, and for conveying him or her to such county lunatic asylum or receptacle for insane persons, and to pay such weekly sum as they or any two justices shall, by writing under their hands, from time to time direct, for his or her maintenance in such asylum or receptacle in which he or she shall be confined; and in the case of any person removed under any former act relating to insane prisoners, to pay such weekly sum as they or any two such justices as aforesaid shall, by writing under their hands, from time to time direct, for his or her maintenance in the asylum or receptacle in which he or she is confined; and when the place of settlement cannot be ascertained, such order shall be made upon the treasurer of the county, city, borough, or place where such person shall have been imprisoned; but if it shall appear, upon inquiry, to the said or any other two justices of the county, city, borough, or place where such person is imprisoned, that any such person is possessed of property, such property shall be applied for or towards the expenses incurred or to be hereinafter incurred on his or her behalf, and they shall from time to time, by order under their hands, direct the overseers of any parish where any money or securities for money, goods, chattels, lands, or tenements of such person shall be, to seize so much of the said money, or to seize and sell so much of the said goods and chattels, or receive so much of the annual rent of the lands or tenements of such person, as may be necessary to pay the charges, if any, of inquiring into such person's insanity, and of removal, and also the charges VOL. III. 4 M how to be dealt with. Warrant for re moval back to prison, or to dis charge. Justiers to inquire into the settlement and make orders on parish for main of such prisoner, tenance, &e. When settlement not found, order treasurer of county. to be made ou In case the person is possessed of proapplied towards the expense. perty, it shall be 2. County asylums for. 3 & 4 Vict. c. 54. Persons charged with misdemean ours, acquitted on may be kept in custody. of maintenance, clothing, medicine, and care of any such insane person, accounting for the same at the next special petty sessions of the division, city, or borough in which such order shall have been made, such charges having been first proved to the satisfaction of such justices, and the amount thereof being set forth in such order." [See the 9 Geo. IV. c. 40, ss. 38, 41, 42, ante, 1253 to 1255.] Sect. 3, reciting that it is expedient that the same provision should be made with regard to persons charged with misdemeanours as is made ground of insanity, with regard to persons charged with treason, murder, or felony, by virtue of the 39 & 40 Geo. III. c. 94, ante, 1241, enacts, "That in all cases where it shall be given in evidence upon the trial of any person charged with any misdemeanour, that such person was insane at the time of the commission of such offence, and such person shall be acquitted, the jury shall be required to find specially whether such person was insane at the time of the commission of such offence, and to declare whether such per son was acquitted by them on account of such insanity; and if they shall find that such person was insane at the time of the committing such offence, the Court before whom such trial shall be had shall order such person to be kept in strict custody, in such place and in such manner as to the Court shall seem fit, until her Majesty's pleasure shall be known; and it shall thereupon be lawful for her Majesty to give such order for the safe custody of such person, during her pleasure, in such place and in such manner as to her Majesty shall seem fit; and in all cases where any person before the passing of this act has been acquitted of any such offence on the ground of insanity at the time of the commis sion thereof, and has been detained in custody as a dangerous person order of the Court before whom such person has been tried, and stil remains in custody, it shall be lawful for her Majesty to give the like order for the safe custody of such person during her pleasure, as her Majesty is hereby enabled to give in the case of any person who shall here after be acquitted on the ground of insanity; and in all such cases ay two justices of the peace of the county, city, or place where such person shall have been acquitted on account of insanity, or shall be kept in cus and ordering main-tody, shall have the like power as is given in the cases before mentioned to inquire into and ascertain the last legal settlement of such insane person, and also to make the like order or orders for the payment of such person's maintenance and of other charges as above mentioned." Like powers as in cases before mening into settlement tioned for inquir tenance. Persons aggrieved may appeal from order of justices. Overseers or guardians may appeal against order of Sect. 4 provided, "That, if any person shall feel aggrieved by any order of any justices as aforesaid, such person may appeal to the justices of the peace at the next quarter sessions of the peace to be holden in and for the county, city, borough, or place where the matter of appeal sha have arisen, the person so appealing having given to the justices against whose order such appeal shall be made ten days' notice of his or her intention to make such appeal; and the said justices at such sessions are hereby authorized and required to hear and determine the matter of such appeal in a summary way, and to make such determination as they shall think proper, and shall and may also award such further satisas tion to the party injured, or such costs to either of the parties, as ther shall judge reasonable and proper; and every such determination stall be final and conclusive to all intents and purposes whatsoever, and no certiorari shall be allowed." Sect. 5 provided, "That the overseers of the parish in which the justices shall adjudge any insane person to be settled, or in case such parish Justices on parish. be comprised in a union, or be under the management of a board of guardians, then either the guardians of such union or parish, (as the case may be), or the overseers of such parish, may appeal against such order to the general quarter sessions of the peace to be holden for the county, city, borough, or place where such order shall be made, in like manner and under like restrictions and regulations as against any order of removal, giving reasonable notice thereof to the clerk of the peace of such county, city, borough, or place, who shall be respondent in such appeal, which appeal the justices of the peace assembled at the said general quarter sessions are hereby authorized and empowered to hear and determine in the same manner as appeals against orders of removal are now heard and determined." Sect. 6. That so much of the 9 Geo. IV. c. 40, s. 55, as relates to the removal of any person imprisoned under sentence of imprisonment or transportation to any county lunatic asylum or other proper receptacle, shall be and the same is hereby repealed. Sect. 7. "And whereas, by the said last-mentioned act it was among other things enacted, that it should be lawful for two justices of the peace of the county where any person should be kept in custody as an insane person by order of any Court, or by his Majesty's order subsequent thereunto, to inquire into and ascertain the settlement and circumstances of such insane person, and to make order for the payment of such weekly sum for his or her maintenance as one of his Majesty's principal Secretaries of State should, by writing under his hand, from time to time direct: And whereas it is expedient that so much of the said act as relates to such direction to be given by such Secretary of State should be repealed, and other provisions made in the place thereof: be it therefore enacted, that so much of the said act as relates to such directions to be given by such Secretary of State shall be and the same is hereby repealed; and that it shall be lawful for such two justices, by order under their hands, to direct the overseers of the parish in which they shall adjudge such insane person as last aforesaid to be legally settled, or in ease such parish shall be comprised in a union declared by the poor-law commissioners, or shall be under the management of a board of guardians established by the poor-law commissioners, then the guardians of such union or parish, as the case may be, to pay such weekly sum for the maintenance of such person as they or any such two justices shall, by writing under their hands, direct." Sect. 8. "And in order to remove doubts as to the meaning of certain words in this act, be it enacted, that the words 'treasurer of the county, city, borough, or place,' shall be deemed to include any officer in any county, riding, division, 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 such county, riding, division, 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 words insane person' shall be deemed to include any lunatic or dangerous idiot; and that the words 'county, city, borough, or place,' shall be deemed to include any county, riding, division, liberty, county of a city, county of a town, cinque port, or town corporate; and the word 'parish' shall be deemed to include any township, hamlet, tithing, vill, extra-parochial place, or any place maintaining its own poor." Sect. 9. "That this act shall extend only to England and Wales." The 5 & 6 Vict. c. 87, s. 30, reciting that, by the 9 Geo. IV. c. 40, it was amongst other things enacted, that all asylums erected or established under the therein recited acts should in future be regulated under the directions of that act; and that it is desirable, with a view to the amelioration of the condition of insane persons, that inspection should be had and reports made of all asylums regulated under the provisions of the last-mentioned act, and that competent persons should be appointed for that purpose; enacts, "That two or more of the metropolitan commissioners in lunacy, one of whom at least shall be a physician or surgeon, and one at least a barrister commissioner, shall, once in each year, on such day or days, and at such reasonable hours of the day, and for such length of time as they shall think fit, visit each and |