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3. Private August, 1832), reciting the passing of the 9 Geo. IV.c. 41 and 10 Geo.IV. asylums. c. 18, and that it is expedient that the provisions of the said acts should be
- amended and consolidated, for the more effectually carrying into execution Repeal of 9 Geo. 4. e. 41, and 10 the purposes thereof; it is therefore enacted, “ That, from and after the Geo. 4, I&
passing of this act, the said recited acts of the ninth and tenth years of the reign of his late Majesty King George the Fourth shall be and the same are hereby repealed: Provided always, that, until the appointment of commissioners and visitors, and their respective clerks, under the provisions of this act, the authority of the commissioners and visitors, and of their respective clerks, appointed under the said recited acts, shall contitinue as if given by this act; and that all matters and things at any time done or directed to be done by them respectively under the said recited acts or this act shall be and remain as good, valid, and effectual, to all intents and purposes, as if the said recited acts had not been repealed, and as if such commissioners and visitors and clerks had been appointed under this act, except so far as specially altered by this act as to the vi
sitation of single patients.” Interpretation of Sect. 2. “ And inasmuch as, in order to avoid unnecessary repetition, certain words used in this act.
and to remove doubts as to the meaning of certain words in this act, be it enacted, 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, city, cinque port, or town corporate; that the word parish shall be deemed to include any township, hamlet, vil, tithing, extra-parochial place, or place maintaining its own poor; that 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; that the word vistor shall be deemed to include all justices, physicians, surgeons, ar apothecaries appointed at a general or adjourned quarter sessions to riet houses of reception for two or more insane persons; that the words "in. sane persons' shall be deemed and construed to extend to all persoas who are idiot, lunatic, or of unsound mind; that the words * parish parper' shall be deemed to include every person sent to and maintained at any house licensed under this act, wholly or in part at the expense of any parish; that the word 'proprietor shall be deemed to include every person exercising any superintending or proprietary duties in any house licensed under this act; that the words clerk of the peace shall be deemed to include any person acting as such, or any deputy duly appointed; that the word physician' shall be deemed to include any fellow or licentiate of the Royal College of Physicians in London; that the word 'surgeon' shall be deemed to include any member of the Royal College of Surgeons in London; and that the word 'apothecary shall be
deemed to include any person authorized to practise as such under an act 55 Geo. 3, c. 194. passed in the fifty-fifth year of the reign of his late Majesty King George
the Third, intituled, An Act for the better regulating the Practice of 4 per
thecaries throughout England and Wales, or under an act passed in the 6 Geo. 4, c. 133, (a). sixth year of the reign of his late Majesty King George the Fourth, in
tituled, An Act to amend and explain the said Act of the Fifty-Firs
Year of his late Majesty; and the words 'treasurer of the county shall be deemed to include any officer who has the custody of any funds as sessed 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,
the end of the then next session of Pare
The 3 & 4 Will. 4, c. 36, and 5 & 6
of proceeding under them, and the care and treatment of persons found lanatis under such commissions.
(a) It seems that this statute is expired; see tit. " Physicians," Vol. V. p. 542.
cinque port, or town corporate, in the nature of county rates, and appli- 3. Private cable to the purposes to which county rates are applicable: and further, asylums. that, in the construction of this act, in cases where the singular number com only is used, the word importing the singular number shall be held to act. include and shall be applied to several persons or things as well as one person or thing, in the same manner as if the plural number had been also used; and in cases where the plural number only is used the word importing the plural number shall be held to include those applied to one person or thing as well as several persons or things, in the same manner as if the singular number had also been used ; and where any word in this act shall import the masculine gender only, the same shall be held to include and be applied to females as well as males, in the same manner as if a word importing the feminine gender had been also used : provided always, that the provisions of the present clause shall in each case apply only so far as the application thereof shall be consonant with or not repugnant to the subject and context of this act.”
Sect. 3. “ It shall and may be lawful for the Lord Chancellor or the Lord Chancellor, Lord Keeper or commissioners of the great seal of Great Britain, or other &c., to appoint the person or persons for the time being intrusted by virtue of the King's London. &c.; of sign manual with the care and commitment of the custody of the persons
whom four or five
to be physicians. and estates of persons found idiot, lunatic, or of unsound mind, annually, on the first day of September in every year, or within ten days then next following, [but by 5 & 6 Vict. c. 87, s. 1, post, 1292, the appointment must be made on the first day of August, or within ten days next following], by an instrument under his hand and seal, to appoint, at his discretion, not less than fifteen nor more than twenty persons to be commissioners, during the space of one year, for licensing and visiting all houses for the reception of two or more insane persons, to be situate within the cities of London and Westminster, the county of Middlesex, the borough of Southwark, and also within the several parishes and places hereinafter enumerated; (videlicet), Brixton, Battersea, Barnes, Saint Mary Magdalen Bermondsey, Christ Church, Clapham, Saint Giles Camberwell, Dulwich, Saint Paul Deptford, Gravenay, Kew Green, Kennington, Saint Mary Lambeth, Mortlake, Merton, Mitcham, Saint Mary Newington, Norwood, Putney, Peckham, Saint Mary Rotherhithe, Roehampton, Streatham, Stockwell, Tooting, Wimbledon, Wandsworth, and Walworth, in the county of Surrey; Blackheath, Charlton, Deptford, Greenwich, Lewisham, Lee, Southend, and Woolwich, in the county of Kent; and East Ham, Layton, Laytonstone, Low Layton, Plaistow, West Ham, and Walthamstow, in the county of Essex; and to be called The Metropolitan Commissioners in Lunacy;' of which commissioners not less than four nor more than five, at the discretion of the said Lord Chancellor or other the person or persons intrusted as aforesaid, shall be physicians, and two barristers, [but by 5 & 6 Vict. c. 87, s. 2, post, 1293, of the commissioners not less than six nor more than seven shall be physicians or surgeons not practising in midwifery and pharmacy, and four shall be barristers;] and the jurisdiction of the said metropolitan Jurisdiction of commissioners shall be deemed to include any township, liberty, tyth- commissioners. ing, vill, or any other extra-parochial place within the cities of London and Westminster, and within seven miles thereof, and within the county of Middlesex, any thing herein contained to the contrary notwithstanding; and the said Lord Chancellor, or other the person or persons intrusted as aforesaid, shall cause the names of such commissioners to be published in the London Gazette within ten days after their appointment; and the said commissioners are hereby empowered to grant licenses (if To grant licenses they shall think fit) in the manner directed by this act for persons to for keep houses for the reception of two or more insane persons, of one or both sexes, as the said commissioners shall think fit, within the jurisdiction of the said commissioners; and every commissioner shall be Allowance to. allowed and paid his travelling expenses while employed in executing the duties of his office; and each and every such commissioner, being a
asylums. 2 & 3 Will. 4, c.107. On death or refusal of commissioners, others to be appointed.
Oath of commissioners,
physician as aforesaid, shall be allowed and paid the sum of one pound for every hour he shall be employed in executing the duties of the office of commissioner, exclusive of travelling expenses."
Sect. 4. “ As often as any of the commissioners to be appointed as aforesaid shall die, or refuse to act, or become unable, by illness er otherwise, it shall and may be lawful for the Lord Chancellor, or other the person or persons intrusted as aforesaid, by an instrument under his hand and seal, to appoint a commissioner in the room of every commis sioner who shall die, or refuse or become unable to act; and the Dame of such new commissioner shall be published, within ten days after his appointment, in the London Gazette."
Sect. 5. “That every person who shall be appointed a commissioner as aforesaid shall, before he acts in the execution of his duty as a commissioner, take an oath, or, if a Quaker, make a solemn affirmation, to the following effect; (that is to say),
"I, A. B., do swear, [or, " solemnly affirm"], that I will discreetly, impartially, and faithfully execute all the trusts committed unto me by virtue of an act of Parliames made in the third year of the reign of his Majesty King Williams the Fourth, inasa tuled, An Act for regulating for Three Years, and from thence until the End of the then next Session of Parliament, the Care and Treatment of Insane Persons in England; and that I will keep secret all such matters as shall come to my ledge in the execution of my office, (ercept, when required to dirulge tảe same bo kod authority), or so far as I shall feel myself called upon to do so for the better executie of the duty imposed on me by this act.
“So help me God. Which oath or solemn affirmation it shall and may be lawful for the lord chancellor, or other the person or persons intrusted as aforesaid, to administer to every such commissioner so to be appointed as aforesaid, and any five [by 5 & 6 Vict. c. 87, s. 3, post, 1293, three will suite] of the said metropolitan commissioners, who shall have previously taken the oaths, are hereby authorized to administer such oath at any meet ing held under the authority of this act.”
Sect. 6. “ The said Lord Chancellor, or other the person or persons intrusted as aforesaid, is hereby empowered, by an instrument under his hand and seal, to appoint during pleasure a fit person to be treasurer Or clerk to the said metropolitan commissioners, and to allow such person such salary for his trouble as the Lord Chancellor, or other the personer persons intrusted as aforesaid, shall think reasonable, exclusive of the fees to be received by him under this act; and all official duties to be performed by such clerk (except as hereinafter is excepted) shall be subject to the inspection, direction, and control of the said commuissioners."
Sect.7. “Every such person so appointed shall, at the first meeting of the said metropolitan commissioners next after his appointment, take the following oath, to be administered by ane one of such commissioner:
"1, A. B., do swear, that I will faithfully execute all such trusts as skall be mitted to my charge as treasurer and clerk to the metropolitan commissioners in nacy for executing an act of Parliament made in the second and third year of the reign of his Majesty King William the Fourth, intituled, An Act for regulating for Three Years, and from thence until the End of the then next Session of Parliament, the Care and Treatment of Insane Persons in England; and that I will keep secret al such matters as shall come to my knowledge in the execution of my office (except when required to divulge the same by legal authority); and that I am not, wer kave bees at any time within the last two years, directly or indirectly concerned or interested in keeping any house licensed for the reception of insane persons.
“So help me God." Sect. 8. “The said metropolitan commissioners, or any five of them, two of whom at the least shall not be physicians as aforesaid, shall meet at such place as the said Lord Chancellor, or other the person or persons
Treasurer or clerk to be appointed;
oath to be taken by.
Meetings of com.. missioners to grant
intrusted as aforesaid, may direct, on the first Wednesday in the months 3. Private of November, February, May, and July, in every year, in order to re- asylums. ceive applications from persons requiring houses to be licensed for the
2 & 3 Will.4, c. 107 reception of two or more insane persons within their jurisdiction, and (if they shall think fit) to license the same; and, in case on any such occasion five such commissioners shall not then and there be present, the meeting shall take place on the next succeeding Wednesday, and so on weekly till such quorum of five shall be assembled for the above-mentioned purpose; and the said commissioners assembled at every such meeting shall have power to adjourn such meeting from time to time and to such place as they shall see fit.”
Sect. 9. Provided also, “ That it shall and may be lawful to and for Five may assemble any five of the said metropolitan commissioners (two of whom at the bossent any pun least shall not be physicians as aforesaid) to assemble themselves, when after notice of and as often as they shall think fit, for the purpose of executing and per- meeting given. forming the several matters and things by this act intrusted to them, notice being given under their hands to require the clerk of the said commissioners to convene a meeting of the said commissioners; and the said clerk is hereby required and commanded duly to summon the rest of the said commissioners four clear days before such intended meeting; and that at all meetings of the said metropolitan commissioners a chair- Chairman of meetman shall be chosen, who, in case of an equality of votes, shall have a ings second or casting vote.”
By the 5 & 6 Vict. c. 87, s. 4, post, 1293, meetings may be convened by three commissioners, giving twenty-four hours' notice; but five are required to form a quorum.
Sect. 10. “In all other parts of England the justices of the peace as- Justices in sessions sembled in general or quarter sessions shall have like authority within felicem in
politan district to their respective counties (except within the jurisdiction of the metropo- grant licenses. litan commissioners) to license houses (if they shall think fit) for the reception of two or more insane persons, in the same manner as the metropolitan commissioners within their jurisdiction” (a).
Sect. 11. “ The said justices shall at the Michaelmas general quarter Justices at sessions sessions of the peace in every year appoint three or more justices of the to appoint visitors,
&c. peace, and also one or more physician, surgeon, or apothecary, to act as visitors of each house licensed for the reception of two or more insane persons within the county; and the said justices, physician, surgeon, or apothecary, so appointed as visitors for each house as aforesaid, shall and are hereby authorized and empowered to visit every such house in manner directed by this act; and such visitors shall at their first meeting take the oath required by this act to be taken by the metropolitan commissioners, mutatis mutandis, such oath to be administered by a justice of the peace, being one of such visitors; and every such visitor, being a physician, surgeon, or apothecary, shall be allowed and paid, for every day he shall be employed in executing the duties imposed upon him by this act, such sum as the justices in general quarter sessions shall be pleased to direct to be paid him by the clerk of the peace out of the monies to be received by him for licenses granted under this act, and, in case of deficiency, then out of the county rates: Provided also, that in case of the death of any justice, physician, surgeon, or apothecary so appointed visitor as aforesaid, or of his refusal or inability, by reason of illness or otherwise, to act as such, it shall and may be lawful for the said justices, at any general or adjourned sessions of the peace, to appoint a visitor in the room of such justice, physician, surgeon, or apothecary who shall die, or refuse or become unable to act as aforesaid; and the names of all such visitors so appointed at the Michaelmas quarter sessions or any general or adjourned sessions of the peace shall, within
(a) By the 5 & 6 Vict. c. 87, s. 21, post, 1297, clerks of the peace are to send to
the commissioners within fourteen days
3. Private seven clear days after such appointment, be published in some newspaper
asylums. circulated in the county wherein such licensed house shall be situate; 2 & 3 Will. 4, c. 107.
and the appointment of such visitors shall, within twenty-one clear days, be communicated by the clerk of the peace to the clerk of the me tropolitan commissioners, who shall register the same in a book to be kept for that purpose ; and in case of default of such communication the clerk of the peace shall forfeit and pay a penalty of 5l., to be recovered
as is hereinafter directed.” Commissioners or
Sect. 12. “No person shall be eligible to be appointed commissioner visitors not to
or visitor as aforesaid, nor shall any justice of the peace act in granting keep any licensed house, &c.; any license, who shall be, or who shall have been within two years then
next preceding, directly or indirectly interested in the keeping any por medical com- house licensed for the reception of insane persons; and no physician as missioners or vi aforesaid appointed a commissioner, and no physician, surgeon, or apositors to attend patients in licensed a thecary appointed a visitor, shall professionally attend upon the patients house, except by in any such licensed house, unless he be specially directed to visit any order, &c.
patient by any relation or friend under whose order such patient has been admitted into any such licensed house, or by a committee appointed by the Lord Chancellor or by the Lord Keeper or commissioners of the great seal of Great Britain, or other the person or persons for the time being intrusted by virtue of the King's sign manual with the care and
commitment of the custody of the persons and estates of persons found Communication idiot, lunatic, or of unsound mind; and if any such commissioner or thereof to be made visitor shall after his appointment become so interested, or shall profes to Chancellor or clerk of peace.
sionally attend upon the patients in any licensed house, (except as aforesaid), such commissioner or visitor shall respectively signify the same in writing to the Lord Chancellor, or other the person or persons intrusted
as aforesaid, or to the clerk of the peace, as the case may require; and and appointment the appointment of such commissioner or visitor shall thenceforth be to be void.
come null and void, and it shall not be lawful for him to act as such
commissioner or visitor." Clerk of peace (a), Sect. 13. “ The clerk of the peace, or some other person to be anor some person apo pointed by the justices at quarter sessions, shall act as clerk to the ritices, to be clerk to sitors so appointed as aforesaid ; and such clerk shall summon the said
visitors to meet at such time and place, for the purpose of executing the duties imposed upon them by this act, as the said justices in sessions shall appoint; and such clerk to the visitors shall at their first meeting take the oath required by this act to be taken by the clerk of the me tropolitan commissioners, mutatis mutandis, such oath to be administered by one of such visitors; and the said clerk of the peace, or other person so appointed, shall be paid out of the county rate, for his services in attending the said visitors, such remuneration as the justices in quarter sessions assembled shall think fit; and the appointment of any such deputy clerk shall within twenty-one [by the 5 & 6 Vict. c. 87, S. 25, och 1297, it is fourteen days only ] clear days be communicated by the clerk of the peace to the clerk of the metropolitan commissioners, under the like penalty for omitting to do so, and to be recovered in like manner, as is declared in default of the communication of the appointment of visitors." [By the 5 & 6 Vict. c. 87, s. 25, post, 1297, the penalty is not exceed
ing 501.] Assistant to clerk,
Sect. 14. “ If the clerk of the commissioners or the clerk of the peace, or other person appointed as aforesaid, shall at any time, in the due execution of this act, find it necessary to employ any assistant in the copying any of the orders, certificates, registers, returns, or written papers or documents which shall come into the possession of such clerk in pursuance
(a) By the 5 & 6 Vict. c. 87, s. 29, post, 1298, the clerk of the peace is to be remunerated for his trouble accord
ing to an allowance made by justices in sessions.