3. Private asylums. 2 & 3 Will. 4, c. 107. Commissioners or visitors not to keep any licensed house, &c.; missioners or vi sitors to attend patients in licensed house, except by order, &c. seven clear days after such appointment, be published in some newspaper circulated in the county wherein such licensed house shall be situate; 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 51., to be recovered as is hereinafter directed." Sect. 12. "No person shall be eligible to be appointed commissioner or visitor as aforesaid, nor shall any justice of the peace act in granting any license, who shall be, or who shall have been within two years then next preceding, directly or indirectly interested in the keeping any nor medical com- house licensed for the reception of insane persons; and no physician as aforesaid appointed a commissioner, and no physician, surgeon, or apothecary appointed a visitor, shall professionally attend upon the patients in any such licensed house, unless he be specially directed to visit any 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 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 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 the appointment of such commissioner or visitor shall thenceforth be come null and void, and it shall not be lawful for him to act as such commissioner or visitor." Communication to Chancellor or clerk of peace. and appointment to be void. Sect. 13. "The clerk of the peace, or some other person to be uppointed by the justices at quarter sessions, shall act as clerk to the visitors 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 metropolitan 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, post, 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 exceeding 501.] 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. of this act, or in any other matters relating to the execution thereof, then the clerk of the metropolitan commissioners is hereby required to certify such necessity, and the name of such assistant, to the said commissioners, and the clerk of the peace or other person appointed as aforesaid shall certify such necessity, and the name of such assistant, to one of the visitors, being a justice of the peace, and if they respectively shall approve thereof they are hereby respectively empowered and required to administer the following oath to such assistant previously to his being employed as aforesaid: 3. Private asylums. 2 & 3 Will. 4, c. 107. "I, A. B., do solemnly swear, that I will faithfully keep secret all such matters Oath to be taken by. and things as shall come to my knowledge in consequence of my employment as assistant in the office of the clerk to the commissioners [or," clerk of the visitors," as the case may be] appointed by virtue of 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, unless required to divulge the same by legal authority. "So help me God." Sect. 15. "All persons who shall apply or intend to apply to have a house licensed for the reception of insane persons shall give notice to the clerk of the metropolitan commissioners or to the clerk of the peace, as the case may be, fourteen clear days at the least prior to any quarterly or other meeting of the metropolitan commissioners, or to any general or quarter session of the peace for the county where he shall apply for a license respectively; which notice shall contain the true christian and surname and place of abode of the person so applying and intending to keep such house, and in case such person so applying does not propose to reside himself in the licensed house, the christian and surname and previous occupation of the superintendent who is to reside therein; and such notice, when given for any house which shall not have been previously licensed, shall be accompanied by a plan of every such house, to be drawn upon a scale of not less than one eighth of an inch to a foot, with a description of the situation thereof, and the length, breadth, and height of, and a reference by a figure or letter to, every room and apartment therein, and a statement of the greatest number of patients proposed to be received into such house; which notice and plan shall be laid by the clerk of the metropolitan commissioners before the said commissioners, or by the clerk of the peace before the justices respectively, at such time as they shall take into their consideration the application for such license." Sect. 16. "If there be any place or building detached from any house, licensed or to be licensed, but belonging to or in any wise appertaining to such house, such place or building shall be considered part of such licensed house for all the purposes of this act." Sect. 17. "Notice of any additions or alterations which shall from time to time be made to any house licensed under this act shall be given, by the person to whom the license shall have been granted, to the clerk of the commissioners or to the clerk of the peace, as the case may require, within one calendar month next after the completion thereof, accompanied with a plan of all the additions and alterations, to be drawn upon the scale aforesaid; and if any person shall (wilfully and with intention to deceive) not give a full and complete plan of the whole of the house to be licensed, or notice of any and all such additions and alterations as shall have been made, he shall be deemed guilty of a misdemeanour." Notice of application for and plan to be given to the clerk of commispeace (a). of licensed house sioners or clerk of Detached buildings to be consi dered part of house. On alteration of house, notice and be given to com amended plan to missioners, &c. Sect. 18. "Every such license shall be made out by the clerk of the Licenses to be (a) By the 5 & 6 Vict. c. 87, s. 20, the application must state for what sex of patients, and if for both, the means made out by clerk 3. Private asylums. of commissioners, or clerk of peace, and to be renewed yearly (a). Charge for. metropolitan commissioners or the clerk of the peace, as the case may require, according to the form in schedule (A.) annexed to this act, for such time, not exceeding thirteen calendar months, as the said metropolitan commissioners or justices shall think fit; and for every license to be granted to any person for keeping a house for the reception of insane persons there shall be paid to the clerk of the commissioners or clerk of the peace, exclusive of the sum to be paid for the stamp, the sum of 10s. for every insane person not being a parish pauper, and the sum of 2s. 6d. for every parish pauper, proposed to be received into such house, but for no license to be so granted shall be paid less than 15.; and such license shall not be delivered nor be of any avail until the sum due on such license shall be paid: Provided always, that, if the may reduce fees on period for which such license shall be granted be less than thirteen calendar months, or if from the change of the proprietor or of the house to be licensed, or any casual circumstance happening before the expiration of the original license, it shall be requisite to grant or renew a license for a less period of time than thirteen calendar months, then and in any of the said cases it shall and may be lawful for the said commissioners and justices, if they think fit, to reduce the payments to be made on such license to not less than 57. in the whole." Commissioners license. Licenses to be stamped and sealed. Application of monies. Clerk to keep an and expenditure, to be made up yearly. Account to be transmitted to commissioners of treasury, who may Sect. 19. Provided always, "That all licenses granted by the metropolitan commissioners or justices shall be duly stamped with a 10s. stamp, and shall be under the hands and seals of five or more of the metropolitan commissioners, two of whom shall not be physicians as aforesaid, or of three or more of the said justices in quarter sessions assembled." Sect. 20. "All monies to be received for such licenses shall be retained by the clerk of the metropolitan commissioners or clerk of the peace, as the case may be, and from such monies all the expenses required to be disbursed in the execution of this act shall be paid; and such clerk of account of receipt the commissioners shall keep a true account of all receipts and payments; which account shall be made up to the 1st day of August in each year, and shall be signed by five at least of the said commissioners; and such account shall specify the several heads of expenditure, and shall be laid before Parliament on or before the 25th day of March in each year, if Parliament shall be then sitting, or if Parliament shall t be then sitting, within one month after the then next sitting of Parliament; and the like account shall be transmitted to the commissioners of his Majesty's treasury, who shall thereupon, if they shall deem it necessary, direct the balance to be paid into the Exchequer to the account of the consolidated fund; and if at any time there shall be any balance due to the said clerk to the commissioners, on account of expenses or liabilities incurred in the execution of or incidental to this act, it shall be lawful for the commissioners of his Majesty's treasury, or any three or more of them, and they are hereby empowered, from time to time, if they shall think fit, (on an application to them for such a sum of money as shall have been agreed upon at some quarterly or other meeting of the metropolitan commissioners, attended by seven at the least of the said commissioners, and to be certified under their hands), to cause to be issued and paid, out of the growing produce of the consolidated fund, to the clerk of the said metropolitan commissioners, such a sum of money as the said metropolitan commissioners shall have so certified as requisite to defray the expenses incurred under the provisions of or incidental to this act." apply or make up balance, and issue sums to defray ex penses. Clerk of peace to keep accounts. Sect. 21. "The clerk of the peace or other person appointed as afore said shall keep like accounts of all receipts and payments in respect £ (a) By the 5 & 6 Vict. c. 87, s. 22, post, 1297, on application for renewed licenses, lists of patients then in the house are to be returned. 3. Private asylums. 2 & 3 Will. 4, c. 107. of or due to. this act, and which accounts shall respectively be made up to the 1st day of August in every year, and shall be approved by two at least of the visitors, and signed by them in testimony thereof; and the said accounts, when so made up, shall be laid by the clerk of the peace, or other person appointed as aforesaid, before the justices at their Michaelmas quarter-sessions; and if it shall appear by the said accounts that Balances in hand there is a balance in the hands of the clerk of the peace or other person appointed as aforesaid, the same shall within twenty-one clear days be paid, by an order of the said visitors, to the treasurer of the county, in aid of the county rate; and when there shall be found to be any balance due to such clerk of the peace or other person appointed as aforesaid, such balance shall be paid to him by the treasurer of the county out of the county rate, upon an order for such payment being made and signed by two or more justices in quarter sessions assembled." Sect. 22. "From and after the commencement of this act it shall not be lawful for any person to keep a house for the reception of two or more insane persons, unless the same shall have been first duly licensed in the manner directed by this act; and every person keeping a house for the reception of two or more insane persons, not duly licensed, shall be deemed guilty of a misdemeanour; provided always, that no one license shall authorize any person to keep more than one house; but all licenses which shall have been heretofore granted shall remain in full force until the period for which they shall have been granted shall have expired, unless revoked as hereinafter directed; and all plans heretofore delivered shall be deemed sufficient for the purposes of this act, if the commissioners or justices shall so think fit." Sect. 23. Provided always, "That, if any person to whom a license for keeping a house shall have been duly granted under this act shall die before the expiration of the said license, and the legal representatives of such deceased person shall, within ten days next after such death, give notice thereof to the clerk of the metropolitan commissioners or to the clerk of the peace, as the case may be, it shall be lawful for the said metropolitan commissioners at any meeting duly assembled, or for the said justices of the peace at the next general quarter sessions respectively, if they shall think fit, by an order in writing under the hands of five of the said commissioners or three of the said justices, to confirm the said license, with all the conditions and liabilities annexed thereto, for the term unexpired, to such person as shall at the time of such death be the superintendent of such house, or have the care of the patients therein, or to such other persons as the said commissioners or justices respectively shall think fit, and in the meantime such previous license shall, notwithstanding the death of such person, remain in full force." Sect. 24. "If any person duly licensed under this act shall by sickness or other sufficient reason become incapable of keeping such house, or if any licensed house shall be pulled down or occupied under the provisions of any act for public purposes, or shall by fire, tempest, or other unavoidable calamity be rendered unfit for the accommodation of insane persons, it shall and may be lawful for the said metropolitan commissioners, or any five of them, two of whom shall not be physicians, at any quarterly or other meeting convened as aforesaid, or for the said justices at any general or quarter sessions, upon the payment of not less than 17. for each license, exclusive of the sum to be paid for the stamp, to grant a new license to such other person as they shall think fit, and also to grant to the person whose house has been so rendered unfit a license to keep such other house for the accommodation of insane persons, as the said commissioners or the said justices shall think fit: provided always, that the notice of such intended change of persons, and all plans and statements of such new house, shall be given as are required when application is made for a license for the first time: Provided also, that the cause of such change of house shall be duly specified in writing No house to be kept without being licensed. Licenses granted Provision in case of death of li censed proprietor. Commissioners may grant new lipersons or for other houses in censes to other certain cases. to the clerk of the commissioners or clerk of the peace, as the case may be, within three clear days after the happening thereof." Sect. 25. "In case the metropolitan commissioners or justices shall think fit to refuse to renew any license for keeping a house for insane persons, notice of such refusal shall be given in manner hereinafter mentioned in the case of revoking any such license; and the Lord Chancellor, or other the person or persons intrusted as aforesaid, for the time being, is hereby empowered, upon the representation of the said commissioners or justices respectively, by an instrument under his hand and seal, to be delivered within one month after receiving such representation, to sanction and confirm the refusal of the said commissioners er justices to renew such license: Provided nevertheless, that such refusal by them shall be effectual, unless the said Lord Chancellor, or other the person or persons intrusted as aforesaid, shall, within one calendar month from the time of the receipt of the said representation of the said commissioners or justices, refuse to confirm the determination of the said metropolitan commissioners or justices." Sect. 26. "If at any meeting under this act a majority of the metropolitan commissioners then and there present, or any three visitors, shall think fit to recommend to the Lord Chancellor, or other the person or persons intrusted as aforesaid, for the time being, that any license granted by the said commissioners or justices respectively should be revoked, it shall and may be lawful for such Lord Chancellor, or other the person or persons intrusted as aforesaid, after making such inquiries as he shall think necessary, to revoke the same by an instrument under his hand and seal, such revocation to take effect at a period not exceeding three calendar months from the time notice thereof shall have been given in the London Gazette; and a copy of such instrument of revocation shall be transmitted to the person to whom such license shall have been granted, his executors or administrators, or to the superintendent, in case the person to whom such license shall have been granted shall not reside in the licensed house, before any such publication shall take place; but if the Lord Chancellor, or other the person or persons intrusted as aforesaid, shall not think fit to comply with such recommendation, he shall communicate his refusal to the said commissioners or justices respectively as soon as conveniently can be: Provided always, that in case of such revocation being recommended to the Lord Chancellor, or other the person or persons intrusted as aforesaid, notice in writing thereof shall be given to the parties so complained of seven clear days previous to the transmission of such recommendation to the Lord Chancellor, or other the person or persons intrusted as aforesaid." Sect. 27. “ No person (not being a parish pauper) shall be received into any house licensed for the reception of insane persons in that part of the United Kingdom called England, without an order under the hand of the person by whose direction such insane person is sent, which order shall be according to the form in schedule (B.) annexed to this act, and in it shall be stated the christian and surname, and place of abode, and the degree of relationship or other circumstance of connexion between such person and the insane person, and the true name, age, place of residence, former occupation, and the asylum or other place (if any) in which the insane person shall have been previously confined, and whether such person shall have been found lunatic or of unsound mind under a commission issued for that purpose by the Lord Chancellor or other the person or persons intrusted as aforesaid; nor shall any such person be received into any such house without a medical certificate of two physicians, surgeons, or apothecaries, in the manner directed by this act; and if any person shall knowingly and wilfully receive any insane person, or person represented or alleged to be insane, to be taken care of or confined in any house licensed under this act, without such |