3. Private Copy of such or- Lord Chancellor and Secretary of State may order visitation of patients in care of relatives, &c.; but not patients under a committee. Lord Chancellor or Secretary of State may order commissioners, &c., to visit luna tic asylums and public hospitals. Sect. 47. "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 male or female person, shall, within twelve calendar months next after, if such insane persons respectively shall not previously have returned to their own or usual place of abode, transmit to the clerk of the metropolitan commissioners a copy of such order and medical certificates, sealed, and indorsed 'Private Return,' and not to be 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 ali 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 Department shall think fit, and to be charged upon the contingency fund of the home office." Sect. 48. Provided always, "That it shall and may be lawful for the Lord High Chancellor or other the person or persons intrusted as aforesaid, or for his Majesty's principal Secretary of State for the Home Department, in case of any person being confined as a state lunatic, or under the 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 matters as they shall be directed to inquire into: Provided always, that the said Secretary of State shall have no authority under this act to order a visitation or examination of any patient under the care of a committee 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 the person or persons intrusted as aforesaid, or his Majesty's principal Secretary of State for the Home Department, if he shall think fit, to employ any metropolitan commissioner appointed under this act, or 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 money for his attendance and trouble as to the Lord Chancellor or other the person or persons intrusted as aforesaid, or his Majesty's Secretary of State for the Home Department, shall seem to be an adequate and reasonable allowance, and such expenses shall be charged on the contingency fund of the Home Office." Sect. 50. Provided always, "That in all cases in which any patient shall die, or have been discharged as cured, the order, medical certificates, and notices required under this act, or under the said recited act of the ninth year of the reign of his said late Majesty, may be delivered up to the Lord Chancellor, or other the person or persons intrusted as aforesaid, to be cancelled, and the name of such person to be wholly erased from the register thereof, within one year after the period of such death or discharge." Sect. 51. Provided always, "That after the passing of this act the clerk to the metropolitan commission appointed under the former act for licensing houses for the reception of insane persons, shall forthwith deliver up any register of private patients which may be in his possession to the Lord Chancellor, or other person or persons intrusted as aforesaid, in order that the same may be cancelled." Sect. 52. "And for the better enabling the metropolitan commissioners and visitors executing this act to inquire into the several matters and things by this act referred to them, be it enacted, that it shall be lawful to and for any three of the said commissioners, one of whom shall not be a physician, or the said visitors, from time to time as they shall see occasion, to require, by summons, (according to the form in Schedule (N.) annexed to this act), any person to appear before them to testify the truth touching any matters relating to the execution of the powers given by this act, on oath or affirmation, which oath or affirmation the said commissioners or visitors are hereby empowered to administer; and every person who shall not appear before the said commissioners or visitors pursuant to such summons, without assigning some reasonable excuse for not appearing, or appearing shall refuse to be sworn or examined, and being thereof convicted before one of his Majesty's justices of the peace, upon information thereof upon oath before any such justice, shall for every such neglect or refusal forfeit and pay such sum of money, not exceeding 50%. nor less than 107., as such justice shall think fit and order." tion. Sect. 53. "And for the more effectual prosecution of offences punish- Summary convicable by summary conviction under this act, be it enacted, that, where any person shall be charged upon the oath of a credible witness before a justice of the peace for any offence against the provisions of this act, the justice may summon the person charged to appear at a time and place to be named in such summons; and if he shall not appear accordingly, and upon proof of the due service of the summons, (by leaving the same at his last or usual place of abode), the said justice, with another justice, may either proceed to hear and determine the case, or issue his warrant for apprehending such person, and bringing him before him or some other justices of the peace; and the justices before whom the person so charged shall appear or be brought shall proceed to hear and determine the case." Sect. 54. "The justices before whom any person shall be convicted of Form of convicany offence against this act may cause the conviction to be drawn up in tion. the following form of words, or in any other form of words to the same effect, as the case may require; and that no conviction under this act shall be void through want of form : 3. Private asylums. Proceedings of proprietors to be justified according to course of common law. Arrest and confining, &c., of. Recovery and ap ties. Distress. Sect. 55. "And whereas it is not intended by this act to give the proprietors or resident superintendent of any licensed house, or any other person concerned in confining any of his Majesty's subjects, any new justification from their being able to prove that the person so confined has been sent there by such order and upon such medical certificates as are required by this act; be it therefore enacted, that in all proceedings which shall be had under his Majesty's writ of habeas corpus, and in ail indictments, informations, and actions and other proceedings that shall be preferred or brought against any person for confining or ill-treating any of his Majesty's subjects, insane, or represented or alleged to be insane, the parties complained of shall be obliged to justify their proceedings according to the course of the common law, in the same manner as if this act had not been made." It is said that any person may justify confining and beating his friend, being mad, in such manner as is proper in such circumstances. (1 Hark. c. 60, s. 23). And a private individual may arrest a lunatic who seems disposed to do mischief to himself or to any other person. (Bac. Abr. Trespass, (D. 3); Lofft, 243). But a medical man is not warranted, merely on statements made by the relations of a person supposed to be insane, in sending men to take him into custody and confine him, unless he be satisfied from those statements that such a step is necessary to prevent some immediate injury from being done by the individual, either to himself or to other persons; and if access cannot be had for the purpose of examination, application should be made to the Lord Chancellor, that the party may be taken up under his authority. (Anderdon v. Burrows and others, 4 Č. 3 P. 210). Sect. 56. "All complaints and informations of and for offences against plication of penal- this act, where any fines, penalties, or forfeitures are imposed by virtue of this act, and not otherwise provided for, shall and may be made be fore one or more justices of the peace for the county or place wherein the offence shall be committed, and such justice is hereby authorized and empowered to take cognizance thereof, and to summon the person complained of to appear before two or more justices of the peace, and upon complaint upon oath to issue their warrant for the apprehension of any such person, and upon the appearing or not appearing of such person pursuant to such summons, or upon such person being apprehended with such warrant, to hear the matter of every such complaint and informa‐ tion, by examination of any witness upon oath, and to make any such determination thereon as such justices shall think proper; and, upon conviction of any persons, such justices shall and may issue a warrant under their hands and seals for levying the fine, penalty, or forfeiture, by virtue of this act imposed for such offence, by distress and sale of the goods and chattels of the person so convicted; and it shall and may be lawful for any such justice to order any person so convicted to be de tained and kept in the custody of any constable or other peace officer, until return can be conveniently made to such warrant of distress, unless the said offender shall give sufficient security, to the satisfaction of such justice, for his appearance before the said justice on such day shall be appointed for the return of such warrant of distress, such day not being more than seven days from the time of taking any such secu rity, and which security the said justice is hereby empowered to take by way of recognizance or otherwise; but if upon the return of such warrant of distress it shall appear that no sufficient distress can be had whereupon to levy the said penalty or forfeiture, and such costs and charges as aforesaid, and the same shall not be forthwith paid, or in cas it shall appear to the satisfaction of such justice, either by the confes sion of the offender or otherwise, that the offender hath not sufficient goods and chattels whereupon the said penalties, forfeitures, fines, costs, and charges may be levied under a warrant of distress, such justice shall not be required to issue such warrant of distress; and thereupon it shall be lawful for such justice, and he is hereby authorized and required, by warrant under his hand and seal, to commit such offender to the common gaol or house of correction for any term not exceeding three calendar months, unless such penalty or forfeiture, and all reasonable charges attending the recovery thereof, shall be sooner paid and satisfied; and all such fines, penalties, and forfeitures, when recovered, shall be paid into the hands of the overseers of the poor of the parish where the offence shall be committed; and the overplus (if any) arising from such distress and sale, after payment of the penalty, and the costs and charges attending the same, shall be returned, upon demand, to the owner of the goods and chattels so distrained." 3. Private asylums. Commitment. Sect. 57. Provided always, "That any person thinking himself ag- Appeal. grieved by any order or determination of any justice of the peace in pursuance of this act may, within four calendar months after such order inade or given, complain to the justices of the peace at the general or quarter sessions of the peace to be held in and for the county wherein the offence shall be committed, the person appealing having first given at least fourteen clear days' notice in writing of such appeal, and the nature and matter thereof, to the person appealed against, and forthwith after such notice entering into a recognizance before some justice of the peace, with two sufficient sureties, conditioned to try such appeal, and to abide the order and award of the said Court thereupon; and the said justices, upon the proof of such notice and recognizance having been given and entered into, shall, in a summary way, hear and determine such complaint at such general or quarter sessions of the peace to be held for the said county, or, if they think proper, adjourn the hearing hereof* until the next general or quarter sessions of the Sic. peace to be held for the said county, and, if they see cause, may mitigate any forfeiture or fines, and may order any money to be returned which shall have been levied in pursuance of such order or determination, and shall and may also award such further satisfaction to be made to the party injured, or such costs to either of the parties, as they shall judge reasonable and proper; and all such determinations of the said justices shall be final, binding, and conclusive upon all parties, to all intents and purposes whatsoever." Sect. 58. "If any action or suit shall be commenced or brought Limitation of acagainst any person for any thing done in pursuance of this act, the same tions. shall be commenced within six calendar months next after the fact committed, and shall be laid or brought in the county, city, or place where Venue. the cause of action shall have arisen, and not elsewhere; and the defendant in every such action or suit shall and may at his election plead spe cially or the general issue not guilty, and give this act and the special General issue. matter in evidence at any trial to be had thereupon, and that the same was done in pursuance and by the authority of this act; and if the same shall appear to be so done, or that such action or suit shall be brought in any other county, city, or place, or shall not have been commenced within the time before limited for bringing the same, that then the jury shall find a verdict for the defendant; and upon a verdict being so found, or if the plaintiff shall be nonsuited, or discontinue his action or suit after the defendant shall have appeared, or if, upon demurrer, judgment shall be given against the plaintiff, then the defendant shall recover treble costs, and have such remedy for recovering the same as any de- Treble costs. fendant hath or have in any other cases by law." (See now, as to treble costs, the 5 & 6 Vict. c. 97, ante, tit. “Justices,” p. 1043). Sect. 59. Provided always, "That it shall not be lawful for any person whomsoever to commence, prosecute, enter, file, or prefer any action, bill, plaint, information, or indictment against any person, under Actions not to be brought except by order of commis 3. Private asylums. sioners or justices a). • Sic. Clerk of commis sioners, &c., to enforce act, and or by virtue of this act, unless the same be commenced, prosecuted, entered, filed, or preferred by order of the said metropolitan commissioners at some one of their meetings, or by the justices at their general quarter sessions, within their respective jurisdictions, or as is otherwise directed by this act; and if any action, bill, plaint, information, or indictment shall be commenced, entered, filed, or preferred by or in the name of any person whomsoever, (except as aforesaid), the same and all proceedings thereupon had shall be null and void; and the Court and justice where or before whom such action, bill, plaint, information, or indictment is or shall be or* commenced, prosecuted, entered, filed, or preferred, shall not permit or suffer any proceedings to be had; and no metropolitan commissioner, justice, or visitor shall in anywise be liable to any cri minal proceeding or civil action for any reasons to be given in the execution of this act.” Sect. 60. "It shall and may be lawful for the clerk of the metropolitan commissioners or clerk of the peace to sue for and recover all penalties recover penalties. or forfeitures granted by this act; and they are hereby respectively required to enforce the due execution of this act upon their own authority, in all cases not otherwise directed to have the previous order of the said commissioners or justices, or by the Lord Chancellor or other person or persons intrusted as aforesaid, or by his Majesty's principal Secretary of State for the Home Department, for the doing thereof."" Prosecution to be by indictment at assizes. Act not to extend to Bethlehem Hoslunatic asylums. pital, or to county 48 Geo. III. c. 96. 9 Geo. IV. c. 40. Nothing herein to extend to public hospitals or institutions, except as to the transmis sion of names of patients. Sect. 61. "The prosecution for every offence under this act (except such as are committed within the jurisdiction of the metropolitan commissioners, or such as are punishable by summary conviction) shall be by indictment preferred to a grand jury at the assizes to be held in and for the county wherein the offence shall have been committed." Sect. 62. Provided always, "That nothing in this act contained stai be construed to extend to the royal hospital of Bethlehem, or any building erected adjacent thereto, for the confinement of criminal lunatics, or to the royal military or naval hospitals, or to any lunatic asyalready erected and established under an act passed in the forty-eighth year of the reign of his late Majesty King George the Third, tried An Act for the better Care and Maintenance of Lunatics, being Pemperi or Criminals in England; or erected and established, or hereafter to be erected and established, under the provisions of an act passed in the ninth year of the reign of his late Majesty King George the Fourth, in tituled, An Act to amend the Laws for the Erection and Regulation of County Lunatic Asylums, and more effectually to provide for the Care and Maintenance of Pauper and Criminal Lunatics, in England." Sect. 63. Provided also, "That nothing in this act contained shall etend to any public hospital or parts of public hospitals, or other char table institutions supported wholly or partly by voluntary contributions, to visitations, and or by applying the excess of payments of the more affluent in reduction of the payment by persons in more limited circumstances, excepting far as relates to visitations appointed by the Lord Chancellor or other the person or persons intrusted as aforesaid, or his Majesty's principal cretary of State for the Home Department, and the transmission in the month of August in every year of a full and complete report, according to the form schedule (M.) to this act*, of every patient confined therein. or who shall have been confined therein within the twelve months pr ceding, and ending on the thirty-first day of July, to the Lord Cha cellor or other person or persons intrusted as aforesaid, and also to the clerk of the metropolitan commissioners, who shall file and preserve the same for the inspection of the said metropolitan commissioners." • Sic. (a) This section, though somewhat obscurely worded, it seems, only applies to proceedings for the misdemeanours, offences, &c., created by the act. |