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sioners, to be registered.
transmitted,'shall be forth with transmitted to
of the same fund or funds, as by the said act is provided concernitzades
of the custody of the persons and estates of persons found idir, um neglecting to com- house licensed under the said recited act, who shall knowingls and
3. Private peace, since the 11th day of August, 1832, under the said recited art asylums. and which have not been registered by the said clerk of the metropedia
tan commissioners or the said clerk of the peace, as the case may be politan commis.
shall be registered forthwith by the said clerk of the metropolitan commissioners or clerk of the peace, as the case may require, in the state manner as in this act is provided for the registry of orders
, medical tertificates, and notices of admissions, removals, and deaths, hereafter to le transmitted to the said clerk of the metropolitan commissioners at
clerk of the peace respectively." Notices of deaths Sect. 5. “Where any insane person shall, since the 11th day of Ar
, &., since August, 1832, gust, 1832, have died in or been removed from any house licensed under if not already the said act, and the proprietor or resident superintendent thereat big not have transmitted notice of such death or removal
, with a cop. statement of the causes of death in every case where the insane penge clerk of commissioners.
so dying shall have been a parish pauper patient, to the clerk of the fut 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 is every such case such proprietor or resident superintendent shall forti with transmit every such notice and copy of statement so omitted to be sent or transmitted to the clerk of the metropolitan commisjonen a clerk of the peace, or to the clerk of the metropolitan commisioners
clerk of the peace, as the case may require.” Commissioners, Sect. 6. "Every metropolitan commissioner appointed or to be at being practising barristers, to be pointed under the said recited act, being a practising barrister
, shals paid for time cm. allowed and paid for the
time he' shall be employed in executing de ployed in duties of duties of his office after the same rate, and in the same manner, and
ways, that not more than two of the said commissioners at any ese 13 shall be capable of receiving such payment or allowance ; and if we
Sect. 7. “That every proprietor and resident superintenden: 4 mnt guilty of a misde statement by this act required to be by him transmitted, shall be determine
fully neglect to transmit any notice, copy of order, medical certificata, ?
guilty of a misdemeanour; and that all complaints, informatiusad be carried on and prosecutions of and for offences against this act shall be made and per
secuted, and all fines, penalties, or forfeitures shall be recovered, der ively as in the said recited act is provided respectively concerning thereby imposed; and every provision whatsoever in the said ek act contained concerning actions and suits commenced and bres offences against the said act, and the fines, penalties, and forteltas against any person for anything done in pursuance of the said att sluis menced or brought against any person for anything done in pursuaat be applicable and applied to all actions and suits which shall be cat of this act, as if the same provisions were here repeated and applied in
Sect. 8. “The provisions in the said recited act contained corner cited act shall extend and be applied to the like words and phrases ing the meaning and construction of words and phrases in the main
The 5 & 6 Vict. c. 87, intituled, “ An Act to amend and contiene
or of unsound mind, shall direct.” Proprietors, &c., ply with this act, to be deemed meanour. Prosecutions to Will. IV. c. 107.
the said last-mentioned actions and suits." Construction of words.
in the same man
5 & 6 Vict. c. 87.
Three Years, and from thence to the End of the next Session of Parlia. 3. Private ment, the Laws relating to Houses licensed by the Metropolitan Commis- asylums. sioners and Justices of the Peace for the Reception of Insane Persons, and
tion of Insane Persons, and 5 & 6 Vict. c. 87.
so for the Inspection of County Asylums and Public Hospitals for the Reception of Insane Persons,” (5th August, 1842), reciting the passing of the 2 & 3 Will. IV. c. 107, and 3 & 4 Will. IV. c. 64, and the continuation of them, and that “it is expedient that some of the provisions of the said recited acts should be amended and extended, and that further provisions should be made for the visitation of houses licensed by the justices of the peace under the provisions of the said recited acts, and also for the inspection of persons detained in such houses,” enacts, “ That, notwithstanding anything in the said first-recited act contained, Altering the time any annual appointment of metropolitan commissioners in lunacy here- of appointing the after made under the provisions of the said recited acts or of this act missioners. shall in each year be made on the 1st day of August, or within ten days then next following, instead of on the 1st day of September, or within ten days then next following : Provided always, that the appointment Proviso. of metropolitan commissioners in lunacy, to be made in the year 1842, shall be made on or before the 25th day of August, 1842, and that the appointment already made and now in force under the said recited acts shall cease and determine on the 25th day of August, 1842, or on a new appointment being made under the provisions of the said recited acts and this act, whichever shall first happen."
Sect. 2. “ That the metropolitan commissioners in lunacy so here- Increasing the after appointed on the 1st day of August in each year, or within ten number of physi
cians and barrisdays then next following, shall be not less than fifteen nor more than ters hereafter to be twenty in number; and that of such commissioners so appointed, not appointed. less than six nor more than seven shall be physicians or surgeons not practising in midwifery or pharmacy, and four shall be barristers.”
Sect. 3. “ That, notwithstanding anything in the said recited acts Three commiscontained, any three of the metropolitan commissioners who shall have
sioners a quorum
to administer the previously taken the oath by the said first-recited act required shall and oath to other com, are hereby authorized to administer such oath to any other person duly
missioners. appointed a metropolitan commissioner, and to make a quorum for that purpose, but for that purpose only.”.
Sect. 4. “ That, notwithstanding anything in the said recited acts con- Meetings may be tained, the notice thereby required to be given under the hands of five convene
commissioners, of the metropolitan commissioners, requiring their clerk to convene a giving twenty-four meeting, may be given under the hands of three of such commissioners, hours' notice; but
five required to and the said clerk shall, on receiving such notice, summon the rest of form a meeting. 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 Altering the time
within which perare made for (after three visits, as therein provided) setting at liberty
sons improperly or otherwise acting under the circumstances with respect to any person confined may be improperly confined, or supposed to be improperly confined, in any
set at liberty by
metropolitan comhouse licensed by the metropolitan commissioners; and whereas it is missioners. 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
3. Private least of such metropolitan commissioners, two of whom at least shall be
asylums. physicians or surgeons.” Special return by Sect. 6. “ That every clerk of the peace throughout England and the clerks of the Wales shall, some time in the month of August, 1842, transmit to the peace in the month of August, 1842. 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.” Houses licensed by Sect. 7. “ That in the month of August, or so soon as they shall be justices to be visited twice a year
able so to do after their appointment in each year, the metropolitan by metropolitan commissioners in lunacy shall meet, and divide England and Wales into commissioners,
districts, convenient for visiting, as herein provided, all houses then or
Visitors' Book in what respect such license is informal.” Metropolitan com Sect. 8. “That, with a view to the amelioration of the condition of missioners to re
rem insane persons, the metropolitan commissioners shall, when they are, port as to system of non-coercion in under the provisions of the said recited acts or this act, visiting houses licensed houses;
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." also as to classifi- Sect. 9. “ That, with a like view, such metropolitan commissioners as cation ;
aforesaid shall, when so visiting such licensed houses, in like manner 3. Private inquire into and state the classification or non-classification of patients asylums. in every such last-mentioned house, and the number of attendants in each -. class, and, so far as is practicable, the proportionate number of attend- 5&6
5 & 6 Vict. c. 87. ants before and since the adoption of the system of non-coercion, if such system shall have been adopted.”
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
amusements; 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 also as tocondition aforesaid shall, when so visiting such licensed houses, also in like man- of pauperp
(if any, when rener inquire into and state the condition, as well mental as bodily, of the ceived, and as to pauper patients (if any) when first received into every such last-men
the dietary; and to
make special ob tioned house, and whether the condition has been such as to prevent or servations on other impede the ultimate recovery, either mental or bodily, of such patients, heads, as may
seem fit. 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 Report of each house as aforesaid shall be signed by the commissioners so visiting such
house to be signed,
and sent to the house, and shall be delivered to the clerk of the metropolitan commis- clerk of the comsioners, who shall enter the same in a book to be kept by him for that missioners. purpose.” Sect. 13. “ That in every house licensed for the reception of insane A Patients' Book
as well as a Visipersons, whether by the said metropolitan commissioners or the justices, is
tors' Book to be there shall be kept by the proprietor or resident superintendent, in addi- kept in every lition to the Visitors' Book, as by the said recited act provided, a book to
censed house, and
both books to be be intituled the Patients' Book ;' and that the Visitors' Book and produced, 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 Penalty on omis.
sion to produce such house omitting at the visit of any such metropolitan commissioners
the books. 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 201., to be recovered as hereinafter provided.”
Sect. 15. “ That the metropolitan commissioners in manner aforesaid The commissionvisiting the houses licensed by the justices of the peace shall carefully ers
ers to consider the
cases to which consider and give special attention to the state of mind of any patient their attention therein confined, as to the propriety of whose detention they shall have may be drawn, and
make entry thereof cause to doubt, or as to whose sanity their attention shall be specially in the Patients'
Book. 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 Commissioners two, of whom one shall be a physician or surgeon and one a barrister may make special
visits, and after commissioner, may and they are hereby required, in case they shall two such visits
3. Private doubt the propriety of the detention of any patient in a house licensed asylums. by the justices of the peace, make a special visit to such patient as
such day and at such hour as they shall think fit; and if after two may, subject to certain restric
distinct and separate visits so made it shall appear to such commistions, liberate a
sioners that such person is detained in such house without sufficient patient.
cause, such commissioners may give such orders as to them shall seen meet for the discharge of such person at such time as the circumstances of the case may to them seem to justify: Provided always, that the order for discharge shall be signed by such commissioners, and each of such special visits must be by the same commissioners; and that it shall not be lawful for such commissioners to order the discharge of any such person as aforesaid without having previously (if the medical superintendent of the house in which such person is confined shall have tendered himself for that purpose) examined such medical su perintendent as to his opinion respecting the fitness of such person to be discharged; and that, if the commissioners shall, after so examining such medical superintendent, discharge such person, they shall, within forty-eight hours after making any order for such discharge, transmit to the clerk of the metropolitan commissioners in London, to be by him kept and registered, any statement in writing furnished to them by such medical superintendent, and containing his reasons against the discharge of such
person.” Notice of special
Sect. 17. Provided, “That not less than fourteen days shall intervene visits.
between the first and second of such visits, and that such commissioners shall, previous to the second of such special visits, give notice thereof ta the proprietor or resident superintendent of the house in which the patient intended to be visited is detained, a copy of which notice the said proprietor or superintendent is hereby required to forward to the clerk to the visitors of the said house, and also notice thereof (so far as is practicable) to the person by whose authority such patient was ree ceived into such house, or is then detained therein, such notice to such several parties to be by letter, signed by such commissioners, and with their names indorsed on the outside or cover thereof, and sent by post, and to be put into the post fourteen days at least before the day in sach notice specified as the day for such second visit ; and the master of any post-office into which any such letter shall be put shall and is hereby required to give to such commissioners a receipt for the same in the form set out in the schedule (A.) hereto annexed, and which receipt shall be primâ facie evidence of such letter having been sent to the person to whom the same shall by such receipt appear to have been
addressed.” Mode of serving Sect. 18. Provided, “ That the notice so required to be given to the notice.
proprietor or resident superintendent of the house may, instead of being given by letter as aforesaid, be given by notice in the Patients' Book of
such house, and signed by such commissioners.” Restricting the Sect. 19. Provided, “That such power of liberation shall not extend power of libera
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 in the said recited act mentioned, nor to any insane person confined under any order or authority of her Majesty's principal Secretary of State for the Home De partment; but it shall and may be lawful for such commissioners, if they shall 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 her Majesty's principal
Secretary of State for the Home Department, as the case may be." Applications for
Sect. 20. “That the notice by the said first-recited act required to be licenses to state whether for male
given by any person applying or intending to apply, under the provior female patients, sions of the said recited acts, for a license for a house for the reception