Sect. 64. "This act, and the several matters and things therein contained, shall commence and take effect from and after the passing of this act and not sooner, and shall continue in force for the term of three years, and from thence to the end of the next session of Parliament (a); and shall be deemed and taken to be a public act." See the schedules, post, 1300. By stat. 3 & 4 Will. IV. c. 64, intituled, "An Act to amend an Act of 3 & 4 Will. I c. 64. the Second and Third Year of his present Majesty, for regulating the Care and Treatment of Insane Persons in England," (28th August, 1833), reciting the passing of the 2 & 3 Will. IV. c. 107, and that "it is expedient that some of the provisions of the said act should be amended," it is enacted, "That, whensoever the justices in session shall, under the provisions of the said recited act, appoint a time and place for the visitors to meet for the purpose of executing the duties imposed on them by the said act, every such appointment shall be made as privately as may be, and in such manner that no proprietor or resident superintendent of any house to be visited shall at any time have notice of the day or time appointed for the visitation of such house." Sect. 2. "The clerk of the metropolitan commissioners in lunacy shall preserve every notice and copy of order and medical certificate transmitted to him when any patient is received into any house licensed under the said act, and also every notice of death, removal, or discharge of any patient or patients transmitted to him under the said recited act or this act, and that every clerk of the peace shall also preserve every duplicate copy of order and medical certificate and notice transmitted to him in every such case as aforesaid; and that each of them the said clerk of the said commissioners and clerk of the peace shall, at all times within five clear days next after he shall receive every such notice or copy of order and medical certificate as aforesaid, enter in a register to be provided for that purpose the christian and surname of the insane person to whom such notice or copy shall relate, and also of the persons by whose order and upon whose medical certificate or certificates such insane person shall be confined, and the house in which such insane person shall be confined, according to the form directed by the said act; and if the said clerk of the said commissioners and clerk of the peace, or either of them, shall omit or neglect any thing by them or him hereinbefore directed to be done, then each of them so offending shall for every such omission or neglect forfeit and pay, on conviction before any one of his Majesty's justices of the peace, the sum of 51." Sect. 3. "Whenever any patient confined in any house licensed under the said recited act shall be removed or discharged therefrom, or shall die therein, the proprietor or resident superintendent of such house shall, within two clear days next after such removal, discharge, or death, transmit a written notice thereof, and (in case the patient so dying shall be a parish pauper patient, then) also a copy of the statement of the cause of his or her death, in the said act directed to be made, certified and according to the forms respectively prescribed by the said act, or as near thereto as may be, to the said clerk of the said commissioners, if the house wherein the patient shall then have died, or from which he shall have been removed or discharged, shall have been licensed by the said commissioners; but if such house shall have been licensed by the justices in sessions, then such proprietor or resident superintendent shall transmit one such notice to the clerk of the commissioners, and one other such notice to the clerk of the peace." Sect. 4. "All copies of orders and medical certificates, and notices of admissions, and also of removals and deaths, which have been transmitted to the clerk of the metropolitan commissioners, or to any clerk of the (a) See ante, 1271, n. Notice of meetings of visitors to be as private as possible. Clerk of commis. sioners and clerks of peace to preserve a copy of all orders, notices, &c. Notice of deaths or removals of pamitted to clerk of commissioners. tients to be trans Copies of orders, &c., transmitted to clerk of metro 3. Private asylums. politan commis sioners, to be registered. Notices of deaths or removals, &c., if not already transmitted, shall be forthwith transmitted to clerk of commissioners. peace, since the 11th day of August, 1832, under the said recited act, and which have not been registered by the said clerk of the metropolitan commissioners or the said clerk of the peace, as the case may be, shall be registered forthwith by the said clerk of the metropolitan commissioners or clerk of the peace, as the case may require, in the same manner as in this act is provided for the registry of orders, medical certificates, and notices of admissions, removals, and deaths, hereafter to be transmitted to the said clerk of the metropolitan commissioners and clerk of the peace respectively." Sect. 5. "Where any insane person shall, since the 11th day of Ausince August, 1832, gust, 1832, have died in or been removed from any house licensed under the said act, and the proprietor or resident superintendent thereof shal not have transmitted notice of such death or removal, with a copy of the statement of the causes of death in every case where the insane peron so dying shall have been a parish pauper patient, to the clerk of the me tropolitan commissioners, and also, in case such house shall have been licensed by the justices in sessions, to the clerk of the peace, then and in every such case such proprietor or resident superintendent shall forthwith transmit every such notice and copy of statement so omitted to be sent or transmitted to the clerk of the metropolitan commissioners e clerk of the peace, or to the clerk of the metropolitan commissioners mi clerk of the peace, as the case may require." Sect. 6. "Every metropolitan commissioner appointed or to be ap pointed under the said recited act, being a practising barrister, shall be allowed and paid for the time he shall be employed in executing the duties of his office after the same rate, and in the same manner, and st of the same fund or funds, as by the said act is provided concerning payment or allowance of commissioners being physicians: Provided ways, that not more than two of the said commissioners at any one true shall be capable of receiving such payment or allowance; and if mas than two of such commissioners shall be practising barristers, such ayment or allowance shall be made to such two of such barristers as the Lord Chancellor or the Lord Keeper or commissioners of the grea Great Britain, or other the person or persons for the time bes ed by virtue of the King's sign manual with the care and co of the custody of the persons and estates of persons found idio,, or of unsound mind, shall direct." Sect. 7. "That every proprietor and resident superintendent of my house licensed under the said recited act, who shall knowingly and w fully neglect to transmit any notice, copy of order, medical certifica?? statement by this act required to be by him transmitted, shall be deeme guilty of a misdemeanour; and that all complaints, informations, and prosecutions of and for offences against this act shall be made and prsecuted, and all fines, penalties, or forfeitures shall be recovered, kevinu and applied, by such persons and in such and the same manner respec ively as in the said recited act is provided respectively concerning the offences against the said act, and the fines, penalties, and forfeiters thereby imposed; and every provision whatsoever in the said recite act contained concerning actions and suits commenced and breat against any person for anything done in pursuance of the said act sta be applicable and applied to all actions and suits which shall be e menced or brought against any person for anything done in pursuance of this act, as if the same provisions were here repeated and applied the said last-mentioned actions and suits." Sect. 8. "The provisions in the said recited act contained conce ing the meaning and construction of words and phrases in the said → cited act shall extend and be applied to the like words and phrase i this act." The 5 & 6 Vict. c. 87, intituled, "An Act to amend and continue fr 3. Private asylums. 5 & 6 Vict. c. 87. Three Years, and from thence to the End of the next Session of Parlia- Sect. 2. "That the metropolitan commissioners in lunacy so here- Sect. 4. "That, notwithstanding anything in the said recited acts contained, the notice thereby required to be given under the hands of five of the metropolitan commissioners, requiring their clerk to convene a meeting, may be given under the hands of three of such commissioners, and the said clerk shall, on receiving such notice, summon the rest of such commissioners, giving not less than twenty-four hours' notice of the place and the day and hour therein named for such meeting, and stating in such summons the cause of such meeting: Provided, nevertheless, that such meeting shall be attended by not less than five metropolitan commissioners, two of whom at least shall not be physicians, as by the said act provided, or surgeons." Sect. 5. "And whereas by the said first-recited act certain provisions are made for (after three visits, as therein provided) setting at liberty or otherwise acting under the circumstances with respect to any person improperly confined, or supposed to be improperly confined, in any house licensed by the metropolitan commissioners; and whereas it is expedient to alter such provision as to the number of visits by the metropolitan commissioners, and in other respects; be it enacted, that the metropolitan commissioners may, after two distinct and separate visits, instead of three visits, as therein provided, and at a meeting specially summoned at not less than one clear day's notice, instead of at four clear days' notice, to set at liberty any person detained without sufficient cause in any house licensed by them, or otherwise act under the circumstances as by the said first-recited act is provided, but not otherwise: Provided nevertheless, that each of such visits shall be made by three at Altering the time of appointing the missioners. metropolitan com Increasing the number of physiters hereafter to be appointed, cians and barris Three commissioners a quorum oath to other com. to administer the missioners. Meetings may be convened by three giving twenty-four hours' notice; but five required to form a meeting. commissioners, Altering the time within which persons improperly confined may be set at liberty by missioners. 3. Private asylums. Special return by the clerks of the peace in the month of August, 1842. Houses licensed by justices to be visited twice a year by metropolitan commissioners, Metropolitan commissioners to report as to system least of such metropolitan commissioners, two of whom at least shall be physicians or surgeons." Sect. 6. "That every clerk of the peace throughout England and Wales shall, some time in the month of August, 1842, transmit to the clerk of the metropolitan commissioners in London a list of the houses at that time licensed by the justices of the peace within his jurisdiction, and also the number of patients for which every such house is licensed, and the name of the proprietor or resident superintendent of every such house, and the place or parish in which such house is locally situate." Sect. 7. "That in the month of August, or so soon as they shall be able so to do after their appointment in each year, the metropolitan commissioners in lunacy shall meet, and divide England and Wales into districts, convenient for visiting, as herein provided, all houses then or within the then next twelve months licensed by justices of the peace for the reception of insane persons, as provided by the said recited acts, subject, nevertheless, to subsequent alterations in such division as circumstances may render necessary; and that every house so licensed shall be visited by not less than two metropolitan commissioners, of whom at least one shall be a physician or surgeon, and one shall be a barrister commissioner, once at least in every six months, calculated as from the 1st of August in each year, and on such days, and at such reasonable hours of the day, and for such length of time, as they shall think fit, and also at such other times as the metropolitan commissioners shall by a resolution at any board direct; provided also, that it shall be lawful for the Lord Chancellor, or other the person or persons so interested as aforesaid, on application by the said board, setting forth the expediency of such alteration, to direct that all or any such houses shall be visited once only in twelve consecutive months; and such metropolitan commissioners, when visiting such house, shall and are hereby required and authorized to inspect every part of the premises included in the then license for the same, and to see every patient then confined therein, and to inquire whether any patient is under restraint, and why; and also to inspect the certificate of admission of every patient who shall have been admitted into such house since the last visit of the metropolitan commissioners; and also to consider the observations made in the Visitors' Book for such house by the visitors appointed by the justices of the peace at quarter sessions, as provided by the said recited acts, and to enter in such Visitors' Book a minute of the then condition of the house so visited, and of the patients therein, and the number of patients under restraint, with the reasons thereof, as stated, and such irregularity (if any) as may exist in any of such certificates as aforesaid, and also whether the suggestions (if any) of such visitors have or have not been attended to, and also to add any observations which they may deem proper as to any of the matters aforesaid, and also, if such visit be the first after the granting a license to the house so visited, to examine such license, and, if the same be in conformity with the provisions required by the said recited acts, to sign the same, but if it be informal to enter in such Visitors' Book in what respect such license is informal.” Sect. 8. "That, with a view to the amelioration of the condition of insane persons, the metropolitan commissioners shall, when they are, of non-coercion in under the provisions of the said recited acts or this act, visiting houses licensed houses; also as to classification; for the reception of insane persons, whether licensed by the metropolitan commissioners or by justices of the peace, inquire, and shall by their report in writing state, as to every such house, whether there has been adopted, either in whole, or in part, any system of non-coercion, and if so the particulars of such system, and by what means practised, and whether by medical treatment or otherwise, and what has been the result thereof." Sect. 9. "That, with a like view, such metropolitan commissioners as aforesaid shall, when so visiting such licensed houses, in like manner inquire into and state the classification or non-classification of patients in every such last-mentioned house, and the number of attendants in each class, and, so far as is practicable, the proportionate number of attendants before and since the adoption of the system of non-coercion, if such system shall have been adopted." 3. Private asylums. 5 & 6 Vict. c. 87. amusements; Sect. 10. "That, with a like view, such metropolitan commissioners as also as to effect of aforesaid shall, when so visiting such licensed houses, also in like man-occupations and ner inquire into and state the occupation and amusements of the patients in every such last-mentioned house, and whether the same be indoor or out-door occupations or amusements, and the effect of such occupations and amusements, both in-door and out-door respectively, on the condition, as well mental as bodily, of the patients." Sect. 11. "That, with a like view, such metropolitan commissioners as aforesaid shall, when so visiting such licensed houses, also in like manner inquire into and state the condition, as well mental as bodily, of the pauper patients (if any) when first received into every such last-mentioned house, and whether the condition has been such as to prevent or impede the ultimate recovery, either mental or bodily, of such patients, and also as to the dietary of the pauper patients (if any) in every such house, and also shall make such other inquiries, and state in writing their report thereon, together with such observations as to every such house, and the patients therein, as to such commissioners shall seem meet." Sect. 12. "That the report so made as to each and every such licensed house as aforesaid shall be signed by the commissioners so visiting such house, and shall be delivered to the clerk of the metropolitan commissioners, who shall enter the same in a book to be kept by him for that purpose." Sect. 13. "That in every house licensed for the reception of insane persons, whether by the said metropolitan commissioners or the justices, there shall be kept by the proprietor or resident superintendent, in addition to the Visitors' Book, as by the said recited act provided, a book to be intituled the 'Patients' Book;' and that the Visitors' Book and Patients' Book shall be produced to the metropolitan commissioners and to the visitors appointed under the said recited acts at the visits of such persons, who shall severally make an entry therein respectively that the same have been produced to them, and shall in such Patients' Book insert such observations as they may think fit respecting the state of mind of any patient in such house." Sect. 14. "That any proprietor or resident superintendent of any such house omitting at the visit of any such metropolitan commissioners or visitors, as the case may be, to produce and to shew to them such Visitors' Book and Patients' Book, shall forfeit and pay a penalty of 20%., to be recovered as hereinafter provided." Sect. 15. "That the metropolitan commissioners in manner aforesaid visiting the houses licensed by the justices of the peace shall carefully consider and give special attention to the state of mind of any patient therein confined, as to the propriety of whose detention they shall have cause to doubt, or as to whose sanity their attention shall be specially called by the patient or any other person, and shall, if they shall think that the state of mind of such patient is doubtful, and the propriety of his detention requires further consideration, make a minute thereof, signed by them, in the Patients' Book of such house, and in such form and to such effect as they shall think fit." Sect. 16. "That the metropolitan commissioners, being not less than two, of whom one shall be a physician or surgeon and one a barrister commissioner, may and they are hereby required, in case they shall also as to condition (if any) when reof pauper patients ceived, and as to the dietary; and to servations on other heads, as may make special ob seem fit. Report of each house to be signed, clerk of the com and sent to the missioners. A Patients' Book tors' Book to be kept in every licensed house, and produced. as well as a Visi both books to be Penalty on omis sion to produce the books. The commissioners to consider the their attention may be drawn, and make entry thereof in the Patients' Book. cases to which Commissioners may make special two such visits visits, and after |