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3. Private and visitors may know when any patient is received into any house
asylums, licensed for the reception of insane persons, be it further enacted, that to clerk of com
the proprietor or resident superintendent of every licensed house under missioners. &c., this act, whether by the said metropolitan commissioners or by the within two days said justices, shall, within the space of two clear days next after the after admission of every patient (a). day on which any person shall have been received into such house,
transmit a copy of such order and medical certificates as aforesaid, with a notice according to the form in schedule (G,) annexed to this act, to the clerk of the commissioners; and the proprietor or resident superintendent of every house licensed within the jurisdiction of the visitors shall also within the same space of time transmit a duplicate copy thereof to the clerk of the peace; and every proprietor or resident superintendent of any such house, who shall knowingly and wilfully neglect so to do, shall be deemed guilty of a misdemeanour; which copies the said clerk of the commissioners, or clerk of the peace, is hereby required to preserve, and also within five clear days to enter in a register to be provided for that purpose the christian and surname of each insan person so returned to him, and of the persons by whose order and upon whose medical certificates such insane persons shall be confined, and the house in which such insane person is confined, according to the forme in schedule (M.) annexed to this act; and the clerk of the commissioners and clerk of the peace shall, for every omission or neglect in this particular, forfeit and pay, on conviction before any one of his Majesty's justices of the peace, the sum of 51., to be recovered and applied as herr
inafter mentioned.” The like notice to Sect. 31. “Whenever any patient confined in any house licensed for be given on re the reception of insane persons shall be removed therefrom, or shall die, moval or death of patient.
the proprietor or resident superintendent of such house shall, sithin two clear days next after such removal or death, transmit a written notice thereof to the clerk of the metropolitan commissioners or clerk of the peace, according to the form in schedule (H.) annexed to this act; and in cases of removal such notice shall state by whom removed, spd in what state of mind such person shall have been when removed, and if within his knowledge) to what place removed ; which notices shall in like manner be preserved and entered by the clerk of the commissiopers or clerk of the peace, as is required in the case of the notice of the 3mission of any patient into such licensed house ; and every proprietor or resident superintendent of any such house who shall knowingly and
wilfully neglect so to do shall be deemed guilty of a misdemeanour." Statement of pau. Sect. 32. “ In case of the death of any parish pauper patient, in any per patients dying licensed house, a statement of the causes of the death of such patient to be transmitted to clerk of com shall be drawn up and signed by the medical attendant of such licensed missioners or clerk house, and a copy thereof, duly certified by the proprietor or resides of visitors.
superintendent of such house, shall be by him transmitted to the clerk of the metropolitan commissioners or the clerk of the visitors respect ively within two clear days of the death of such patient; and every medical attendant and proprietor, or resident superintendent, who shall knowingly or wilfully neglect to draw up, sign, or transmit such state ment as aforesaid, shall respectively, on conviction thereof before che justice of the peace, forfeit and pay the sum of 101., to be recovered as
hereinafter directed.” Licensed houses Sect. 33. “In every house licensed under this act there shall (if it coutaining 100 pa- contain one hundred patients) be a resident physician, surgeon, or apotients to have a resident medical thecary; and every such house containing less than one hundred pa man: containing. tients (in case such house shall not be kept by a physician, surgeon, o less than 100, to be visited by medical apothecary) shall be visited twice in every week by a physician, smen.
(a) By the 5 & 6 Vict. c. 87, s. 27, admission. Sending notices, &c., by posl, 1298, returns are to be made of the post will do. See Id. s. 47, post, every patient escaping, and of his re- 1300.
geon, or apothecary; and such resident attendant or visiting physician, 3. Private surgeon, or apothecary, is hereby respectively required once in every asylums. week to make and sign a statement of the health of all the patients, .
e nealth of all the patients, 2 & 3 Will. 4, c.107. and the condition of the house, according to the form in Schedule (I.) annexed to this act; and such statement shall be entered in a book to be kept at such house, and be regularly laid before the visiting metropolitan commissioners or visitors, for their inspection and signature.”
Sect. 34. Provided always, “That, when any house shall be licensed to Commissioners, receive less than eleven insane persons, then and in such case it shall &c., may alter
periodical visits of and may be lawful for a majority of the said commissioners at any meet- medical attending under this act, or any three of the said visitors, if they shall so think ants. fit, to direct and permit that such house shall be visited by the physician, surgeon, or apothecary once at the least in four weeks, instead of twice in every week: Provided always, that such permission shall be in writing under the hands and seals of five of the said commissioners or three of the said visitors, as the case may require, according to the form in Schedule (K.) annexed to this act, and shall be subject to such alteration or revocation as the said commissioners or justices respectively shall think fit; and that such physician, surgeon, or apothecary shall enter in a book to be kept for that purpose the date of his visit, and the condition of the house, and state of health of the patients therein.”
Sect. 35. “Every licensed house within the jurisdiction of the metro- Houses to be inpolitan commissioners shall be visited by three at least of the said me- spected by comtropolitan commissioners, one of whom at the least shall not be a phy- times a year (a); sician as aforesaid, four times at the least in every year, on such days and at such hours of the day, between the hours of eight in the morning and six in the evening, from the twenty-first day of September to the twenty-first day of March, and between the hours of six in the morning and eight in the evening, from the twenty-first day of March to the twenty-first day of September, in each year, and without notice, and for such length of time as they shall think fit, and they are hereby empowered to examine the persons confined therein in such manner as they shall see fit."
Sect. 36. “Every licensed house within the jurisdiction of the said and by visitors visitors appointed at quarter sessions, shall be visited by two at least of three times a year
at least; the said visitors three times at the least in every year, in like manner and with like powers as is herein before directed and given to the metropolitan commissioners : Provided always, that it shall not be law- but not by clerk of ful for the clerk of the said metropolitan commissioners, or clerk of the commissioners or
justices. peace, or other person appointed as aforesaid, to accompany the said commissioners or visitors on any visit of inspection to any of the said houses, unless he be required for any special purpose by such commissioners or visitors.”
Sect. 37. “ The metropolitan commissioners or visitors, upon their Commissioners several visitations herein before mentioned, shall inquire whether any and visitors to in
quire and state und at what times divine service is read and performed for the benefit whether divine ind consolation of any of the patients, or what religious aid they receive service is perform
ed, inder any circumstances of intellectual improvement, and what description of employment, amusement, or recreation (if any) is provided for them; and such commissioners or visitors shall at the time of such visitation state, in the book directed by this act to be kept for recording the visits of the metropolitan commissioners or visitors respectively, the
(a) By the 5 & 6 Vict. c. 87, s. 7, post, cion used in the house; also as to the 1294, the commissioners are to visit li. classification of the patients, and other censed houses twice a year, and they are natters. By sects. 16 and 17 of that act, directed by other sections of that act, to the commissioners may make special make reports as to the system of coer. visits.
3. Private result of such their inquiry, with such observations as they shall think asylums. useful or necessary; and in those houses where it shall appear that
met divine service is not performed, or that religious communication with If not performed, proprietor to state any minister is not permitted, the proprietor or resident superintendent reason,
of such house shall state in the said book the reason thereof." Plan of house to be hung up, and Sect. 38. “There shall be hung up, in some conspicuous part of every copy of act kept;
licensed house, a copy of the plan delivered to the metropolitan connand at each visitation, commission missioners or justices, and there shall also be kept in every such houx ers to make mi
a King's printer's copy of this act bound up in a book, in which book nutes (a).
the said commissioners or visitors within their jurisdictions are hereby required, at every such visitation, to make minutes in writing of the condition of such house, as to the care of the patients therein, and all such other particulars as they shall think deserving of their notice, together with their observations thereupon; and the said metropolitan commissioners or visitors shall transmit a copy of such minute to the
respective clerk of the commissioners or clerk of the peace.” Minutes to be Sect. 39. “ The clerk of the metropolitan commissioners and the clerk transcribed into
of the peace respectively, or other person appointed as aforesaid, shall a book.
enter such copy of minute in a book to be kept by them for that purpose; and all such minutes shall be laid before the said commissioners or justices respectively, previous to the consideration of any renewal of the
license to the house to which such minutes shall relate.” Concealing per Sect. 40. “ If the proprietor or resident superintendent of any licensed sons from inspection, a misde
house shall fraudulently conceal or attempt to conceal any part of such meanour.
house or premises, or any person detained therein as insane, from any such commissioners or visitors, or from any medical or other person arthorized under the provisions of this act to visit and inspect any such house and the patients confined therein, every person so offending shall
be deemed guilty of a misdemeanour.” Commissioners Sect. 41. “If it shall appear, after three [by 5 & 6 Vict. c. 87, 53, may set at liberty persons impro
post, 1293, two will suffice separate and distinct visits, to be made by perly confined. three at the least of the said metropolitan commissioners, or three at the
least of the said visitors, within their respective jurisdictions, two of which commissioners at the least shall be physicians, or one of which visitors shall be a medical practitioner, fourteen days at the least to is. tervene between each visit, that any person is detained in gay soch house without sufficient cause, and notice thereof in writing shall have been given by the clerk of such commissioners or visitors to the proprie tor or resident superintendent of such house, and to the person by whose authority such insane person was sent, it shall and may be lawful for the said commissioners, at one of their quarterly meetings, or at a neeting specially summoned at four [by 5 & 6 Vict. c. 87, s. 5, pad, 1293 one will suffice) clear days' notice, or for the justices in quarter sessions, to set such person at liberty, or otherwise to act under the circumstances as the case may seem to require: Provided always, that, in case of ilness or other reasonable cause preventing the subsequent visitations to be made by the same medical commissioners or medical visitors, then such
subsequent visitation may be made by any other medical commissioner Exception. or medical visitor; but such power of liberation shall not extend to the
case of any person who shall have been found idiot, 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 to any insane person confined under any order or authority of his Majesty's pria cipal Secretary of State for the Home Department; but it shall and maybe lawful for the said metropolitan commissioners or visitors, if they shall
(a) A Patients' Book and Visitors' Book must also be kept, and be produced on request. (See 5 & 6 Vict. c. 87, ss. 13, 14, post, 1295. By sect.
26, the proprietors of licensed houses in the country are to send to the clerk of commissioners copies of entries in the Visitors' and Patients' Books.
think fit, to examine into the state of mind or condition of any such 3. Private person, and to report their opinion in writing of the state of mind or asylums. condition of such person to the Lord Chancellor or other the person or
ellor or other, the person or 2 & 3 Will. 4, c. 107. persons intrusted as aforesaid, or to his Majesty's principal Secretary of State for the Home Department, as the case may be.” (By the 5 & 6 Vict. c. 87, ss. 16, 17, 18, post, 1295, 1296, the commissioners may make special visits, and liberate patients, subject, however, to certain restrictions.]
Sect. 42. “ It shall and may be lawful to and for any two or more of Commissioners, the said commissioners or visitors respectively, upon receiving informa- ;
of malpractices in tion upon oath (which oath they are or any one of them is hereby em- licensed house may powered to administer, that the party making such oath hath cause to visit.same at
night. suspect, and doth verily believe, that some malpractices have taken place in any house licensed under this act, which malpractices cannot be ascertained by examination and inspection during the day, to visit and to inspect any such house at such hour of the night as they shall think fit."
Sect. 43. “If any person shall apply to one of the metropolitan com- On inquiry whemissioners, or any visitor within their respective jurisdictions, in order to ther any particular
patient is in conbe informed whether any particular person is confined therein, and the finement, commissaid commissioner or visitor shall think it reasonable to permit such in- sioners, &c., may
give order to clerk, quiry to be made, and shall sign an order, directed to the clerk of the who shall furnish commissioners or clerk of the peace, or other person appointed as afore- information. said, for that purpose, the said clerk of the commissioners or clerk of the peace, or other person appointed as aforesaid, is hereby required, upon the receipt of such order, and upon payment of the sum of seven shillings, and no more, for his trouble, to make search; and if it shall appear upon search, that the person so inquired after is or has, within the last twelve months, been confined in any of the said houses, the said clerk of the commissioners or clerk of the peace, or other person appointed as aforesaid, shall deliver to the person so applying, in writing, the name of the proprietor or resident superintendent in whose house the person so inquired after is or has been confined, the situation of such house, and (if required) a copy of the order and medical certificates upon which such person was received into such house."
Sect. 44. “The metropolitan commissioners shall, in the month of Annual report of June in every year, make a report of the state and condition of the se- houses to be made veral houses licensed by them under this act, and also as to the care of lor, &c. the patients therein, and such other particulars as they shall think deserving of notice, to the Lord Chancellor or other the person or persons intrusted as aforesaid.”
Sect. 45. “ The clerks of the peace, within their respective jurisdic- Transcript of mitions, shall, in the month of June in every year, prepare a complete all houses to be
mutes of visitors to transcript of the minutes of the said visitors, on their several visitations sent to clerk of to the several houses within their respective jurisdictions licensed under a
clerk of peace, &c. this act, which transcript shall be transmitted by the respective clerks of the peace, on or before the first day of August, to the clerk of the metropolitan commissioners, who shall preserve the same for the inspection of the said metropolitan commissioners, his Majesty's principal Secretary of State for the Home Department, the Lord Chancellor, or other the person or persons intrusted as aforesaid, and any other person having authority from them respectively.”
Sect. 46. “ No person (except he be a guardian or relative who does No person to renot derive any profit from the charge, or a committee appointed by the bereanin
person into an unLord Chancellor or other the person or persons intrusted as aforesaid) licensed house shall, under pain of being deemed guilty of misdemeanour, receive to
without an order
and medical certiboard or lodge in any house not licensed under this act, or take the ficates. care or charge of, any insane person, without first having the like order and medical certificates as are required on the admission of an insane person (not being a parish pauper patient) into a licensed house.”
to Lord Chancel
3. Private Sect. 47. “Every person (except as aforesaid) who shall receive to
asylums. board or lodge in any house not licensed under this act, or take the care or Copy of such or
charge of, any insane male or female person, shall, within twelve calender, &c., to be dar months next after, if such insane persons respectively shall not present to clerk of metropolitan com
viously have returned to their own or usual place of abode, transmit to missioners, in the clerk of the metropolitan commissioners a copy of such order and dorsed « Private
medical certificates, sealed, and indorsed ‘Private Return,' and not to be Return.“
inspected by any person except by the said clerk or other person authorized by the Lord Chancellor or his Majesty's Secretary of State for the Home Department; and every such person (except as aforesaid) shall, also, (if such insane male or female person shall not have been removed), on the first day of January in every succeeding year, or within seven clear days after, transmit to such clerk a certificate signed by two physicians, surgeons, or apothecaries, describing the then actual state of mind of such insane person, and to be indorsed . Private Return;' and all such orders, medical certificates, and returns shall be preserved by the said clerk, and shall be open only to the inspection of his Majesty's principal Secretary of State for the Home Department, and of the Lord High Chancellor or other the person or persons intrusted as aforesaid, and of such other persons as shall be authorized to inspect the same by an order under their respective hands and seals; and every person (except as aforesaid) who shall receive to board or lodge in any house not licensed under this act, or take the care or charge of, any insane person in any such house, and who shall omit to transmit such copies of orders and certificates, shall be deemed guilty of a misdemeanour; and the clerk of the metropolitan commissioners in lunacy, with the sanction, in writing, of his Majesty's principal Secretary of State for the Home Department, is hereby required to enforce the due execution of this provision of law; and he shall be paid or allowed such a sum of money for any proceedings thereabout as his Majesty's principal Secretary of State for the Home Departmentshall think fit, and to be charged upon the contingency
fund of the home office.” Lord Chancellor Sect. 48. Provided always, “That it shall and may be lawful for the and Secretary of
Lord High Chancellor or other the person or persons intrusted as aforeState may order visitation of pa
said, or for his Majesty's principal Secretary of State for the Home Departtients in care of ment, in case of any person being confined as a state lunatic, or under the relatives, &c.;
order of any criminal court of justice, if they shall think fit, at any time or times, by an order by either of them directed to the said metropolitan commissioners, or to any other person whom they shall think fit to appoint, to require the said metropolitan commissioners or other person so to be appointed to visit and examine any person confined as an insane person who shall be confined in the care of any guardian or relative, or of any other person, and to make a report to the Lord Chancellor or other the person or persons intrusted as aforesaid, or to his
Majesty's principal Secretary of State for the Home Department, of such but not patients
matters as they shall be directed to inquire into: Provided always, that under a commit the said Secretary of State shall have no authority under this act to or
der a visitation or examination of any patient under the care of a cornmittee appointed by the Lord High Chancellor or other the person or persons intrusted as aforesaid."
Sect. 49. “It shall and may be lawful for the Lord Chancellor or other Lord Chancellor or Secretary of the person or persons intrusted as aforesaid, or his Majesty's principal State inay order
Secretary of State for the Home Department, if he shall think fit, tə commissioners, &c, to visit luna- employ any metropolitan commissioner appointed under this act, or tic asylums and public hospitals.
medical or other person, to inspect and inquire into the state of any lunatic asylum, public hospital, or other house or place wherein any insane person, or person represented to be insane, shall be confined, and to report to him the result of such inspection and inquiry; and every such commissioner, medical or other person, employed to visit any person to inspect any place as aforesaid, shall be paid or allowed such sum of