order and medical certificate, and without making, within three clear days after the reception of such patient, a minute or entry in writing in a book to be kept for that purpose, according to the form in schedule (M.) annexed to this act, of the true name of the patient, and also the christian and surname, occupation, and place of abode of the person by whom such patient shall be brought, every person so offending shall be deemed guilty of a misdemeanour." 3. Private asylums. 2 & 3 Will. 4, c.107. of insanity. Sect. 28. "Every medical certificate upon which any order shall be Medical certificate given for the confinement of any person (not a parish pauper) in a house licensed under this act shall be according to the form in schedule (C.) annexed to this act, and shall be signed by two medical practitioners, not being in partnership, and each of them being a physician, surgeon, or apothecary, who shall have separately visited and personally examined the patient to whom it relates not more than seven clear days previous to such confinement, and such certificate shall be signed and dated on the day on which he or she shall have been so examined, and shall state that such person is insane and proper to be confined; and every such certificate for the confinement of any person in a house licensed under this act shall, if the same be not signed by two medical practitioners, state the special circumstance which shall have prevented the patient being visited by two medical practitioners; and any patient may under such special circumstance be admitted into any such house upon the certificate of one medical practitioner, provided such certificate shall be further signed by some other medical practitioner within seven days next after the admission of such patient into any such house as aforesaid; and any person who shall, knowingly and with intention to deceive, sign any such medical certificate, untruly setting forth any of the particulars required by this act, shall be deemed guilty of a misdemeanour: Provided always, that no physician, surgeon, or apothecary, shall sign any certificate of admission of a patient to any licensed house, who is wholly or partly the proprietor or the regular professional attendant of such licensed house, nor shall any physician, surgeon, or apothecary, sign any certificate for the reception of a patient into any such house, of which his father, son, brother, or partner, is wholly or in part proprietor or the regular professional attendant, on pain of being deemed guilty of a misdemeanour." An indictment on the now repealed act 9 Geo. IV. c. 51, s. 30, charged that the defendant, a surgeon, knowingly and with intention to deceive, signed a certificate required by the act, without having visited and personally examined the patient, contrary to the statute. The jury negatived the intention to deceive, and found the defendant guilty, subject to the opinion of the Court upon the case :-It was held, that, in the description of this offence, the averment of intention was surplusage, and that such unnecessary matter might be rejected, as well in an indictment on a penal statute, as at common law. (R. v. W. Jones, 2 B. & Adol. 611). Physicians, &c., not to sign certifi if interested. cates of admission Sect. 29. "No parish pauper shall be received into any house licensed Pauper lunatics, for the reception of insane persons without an order according to the how admissible. form in schedule (D.) annexed to this act, under the hand and seal of one justice of the peace, or an order according to the form in schedule (E.) annexed to this act, signed by the officiating clergyman and one of the overseers of the poor of the parish to which such pauper shall belong, and also a medical certificate according to the form in schedule (F.) annexed to this act, signed by one physician, surgeon, or apothecary, that such parish pauper is insane, and a proper person to be confined; and if any person shall knowingly and wilfully receive any parish pauper represented or alleged to be insane into any licensed house, without such order and medical certificate, every person so offending shall be deemed guilty of a misdemeanour." Sect. 30. "And in order that the said metropolitan commissioners Notice to be given VOL. III. 4 N 3. Private asylums. to clerk of commissioners, &c., within two days after admission of every patient (a). The like notice to be given on removal or death of patient. Statement of pau per patients dying to be transmitted to clerk of com missioners or clerk of visitors. Licensed houses tients to have a resident medical and visitors may know when any patient is received into any house licensed for the reception of insane persons, be it further enacted, that the proprietor or resident superintendent of every licensed house under this act, whether by the said metropolitan commissioners or by the said justices, shall, within the space of two clear days next after the 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 insane 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 form in schedule (M.) annexed to this act; and the clerk of the commis sioners 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 5l., to be recovered and applied as hereinafter mentioned." Sect. 31. "Whenever any patient confined in any house licensed for the reception of insane persons shall be removed therefrom, or shall die, the proprietor or resident superintendent of such house shall, within 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, and 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 commissioners or clerk of the peace, as is required in the case of the notice of the admission 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." Sect. 32. "In case of the death of any parish pauper patient, in any licensed house, a statement of the causes of the death of such patient shall be drawn up and signed by the medical attendant of such licensed house, and a copy thereof, duly certified by the proprietor or resident 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 statement as aforesaid, shall respectively, on conviction thereof before justice of the peace, forfeit and pay the sum of 10., to be recovered as hereinafter directed." 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 apo thecary; and every such house containing less than one hundred p tients (in case such house shall not be kept by a physician, surgeon, visited by medical apothecary) shall be visited twice in every week by a physician, sar man; containing less than 100, to be men. (a) By the 5 & 6 Vict. c. 87, s. 27, post, 1298, returns are to be made of every patient escaping, and of his re admission. Sending notices, &c., by the post will do. See Id. s. 47, post, 1300. geon, or apothecary; and such resident attendant or visiting physician, Sect. 34. Provided always, "That, when any house shall be licensed to receive less than eleven insane persons, then and in such case it shall and may be lawful for a majority of the said commissioners at any meeting under this act, or any three of the said visitors, if they shall so think 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 metropolitan commissioners shall be visited by three at least of the said metropolitan commissioners, one of whom at the least shall not be a physician 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 visitors appointed at quarter sessions, shall be visited by two at least of 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 lawful for the clerk of the said metropolitan commissioners, or clerk of the 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 several visitations hereinbefore mentioned, shall inquire whether any and at what times divine service is read and performed for the benefit and consolation of any of the patients, or what religious aid they receive under 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, 1294, the commissioners are to visit licensed houses twice a year, and they are directed by other sections of that act, to make reports as to the system of coer cion used in the house; also as to the visits. 3. Private asylums. & 3 Will. 4, c.107. Commissioners, &c., may alter medical attend periodical visits of ants. Houses to be inspected by comtimes a year (a); missioners four and by visitors three times a year at least; but not by clerk of commissioners or justices. Commissioners and visitors to inwhether divine service is perform quire and state ed. 3. Private asylums. If not performed, proprietor to state reason. Plan of house to be hung up, and copy of act kept; tion, commission and at each visita ers to make minutes (a). Minutes to be transcribed into a book. Concealing per tion, a misdemeanour. result of such their inquiry, with such observations as they shall think useful or necessary; and in those houses where it shall appear that divine service is not performed, or that religious communication with any minister is not permitted, the proprietor or resident superintendent of such house shall state in the said book the reason thereof.” Sect. 38. "There shall be hung up, in some conspicuous part of every licensed house, a copy of the plan delivered to the metropolitan con missioners or justices, and there shall also be kept in every such house a King's printer's copy of this act bound up in a book, in which book 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, to gether 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." Sect. 39. "The clerk of the metropolitan commissioners and the clerk of the peace respectively, or other person appointed as aforesaid, shall enter such copy of minute in a book to be kept by them for that purpe; and all such minutes shall be laid before the said commissioners or jus tices respectively, previous to the consideration of any renewal of the license to the house to which such minutes shall relate." Sect. 40. "If the proprietor or resident superintendent of any licensed sons from inspec- house shall fraudulently conceal or attempt to conceal any part of such house or premises, or any person detained therein as insane, from any such commissioners or visitors, or from any medical or other person authorized 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 persons improperly confined. Sect. 41. "If it shall appear, after three [by 5 & 6 Vict. c. 87, s. 5, may set at liberty post, 1293, two will suffice] separate and distinct visits, to be made by 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 intervene between each visit, that any person is detained in any such 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 meeting specially summoned at four [by 5 & 6 Vict. c. 87, s. 5, post, 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 i ness 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 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 pris cipal Secretary of State for the Home Department; but it shall and maybe lawful for the said metropolitan commissioners or visitors, if they shall Exception. (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 person, and to report their opinion in writing of the state of mind or condition of such person 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, 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.] 3. Private asylums. 2 & 3 Will. 4, c. 107. of malpractices in visit same at night. 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- upon information 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 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 commissioners, or any visitor within their respective jurisdictions, in order to be informed whether any particular person is confined therein, and the said commissioner or visitor shall think it reasonable to permit such inquiry to be made, and shall sign an order, directed to the clerk of the commissioners or clerk of the peace, or other person appointed as aforesaid, 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 June in every year, make a report of the state and condition of the several houses licensed by them under this act, and also as to the care of 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 jurisdictions, shall, in the month of June in every year, prepare a complete transcript of the minutes of the said visitors, on their several visitations to the several houses within their respective jurisdictions licensed under 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 not derive any profit from the charge, or a committee appointed by the Lord Chancellor or other the person or persons intrusted as aforesaid) shall, under pain of being deemed guilty of misdemeanour, receive to board or lodge in any house not licensed under this act, or take the 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." On inquiry whether any particular finement, commis sioners, &c., may give order to clerk, who shall furnish information. patient is in con Annual report of to Lord Chancellor, &c. houses to be made Transcript of miall houses to be sent to clerk of clerk of peace, &c. commissioners by nutes of visitors to No person to receive any insane licensed house without an order ficates. person into an un and medical certi |