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not to be insane

2. County asy- reasonable notice thereof to the clerk of the peace of the county, riding,

lums for. or division, or to the town clerk of the city, borough, or place, as the 1 Vict. c. 14.

case may be, upon whose rates the burden of maintaining such insane person or dangerous idiot might fall, if such order should be invali, and such clerk of the peace or town clerk shall be respondent in such appeal, which appeal the justices of the peace assembled at the said gete ral quarter sessions are hereby authorized and empowered to hear and determine, in the same manner as appeals against orders of removal se now heard and determined.” (See the 9 Geo. IV. c. 40, ss. 38, 41, 4, 44, 54 and 55, ante, 1253 to 1257).

A commitment of an insane person, under the statute 39 & 40 Gen. III. c. 94, s. 3, was held not a commitment in execution, as to which see tit.“ Commitment in Execution," Vol. I.), and is, therefore, not to be construed with the same strictness. Therefore a warrant, stating that A. B. had been discovered and apprehended, under circumstances that denoted a derangement of mind and a purpose of committing some criana, for which, if committed, he would be liable to be indieted, to wit, sa assault, and that the said A. B., being brought before the justice, was committed by him, was held sufficient, though it did not state the name of the person whom the prisoner intended to assault, and it did Dot 25pear that the committing magistrate received any evidence upon oath. (R. v. Gourlay, 7 B. & C. 069; 1 M. $ R. 619, S. C. See the form in

that case). Persons proved Sect. 3. “That if upon examination it shall appear to the physician, may be liberated. surgeon, or apothecary present at the examination of any person in ces

tody at the time of passing this act as aforesaid, that he or she is insane person or a dangerous idiot, and that such person may be shared to go at large with safety, it shall and may be lawful for such paikal person and he is hereby required to give a certificate to that it, signed by him, to the visiting justices of the gaol or house of correction in which such person is in custody, who are hereby required to traz mit the same forth with to her Majesty's principal Secretary & Setefar the Home Department, who, if he shall so think fit, shall order the lice

ration of such person from custody." Act not to alter Sect. 4. “That nothing herein contained, except where othersize eslaws relating to the discharge of

pressly mentioned, shall alter the laws relating to the discharge of per recovered lunatics. sons who may cease to be insane or dangerous idiots from any county

lunatic asylum, public hospital, or house duly licensed for the recep:10 of insane persons, nor authorize the removal by any parish officer of any poor person from such asylum, public hospital, or licensed house, with out an order for that purpose made by two justices of the peace for the county in which such house shall be situated, after due inquiry into the circumstances of the case, unless such person shall have been de

charged as cured.” Act to extend to Sect. 5. “That this act shall extend only to England and Wales." England and Wales. 3 & 4 Vict. c. 54. By the 3 & 4 Vict. c. 54, “ An Act for making further Provision for Prisoners becom- the Confinement and Maintenance of Insane Prisoners," (4th Aug. 18, ing insane, two justices may in

reciting that “it is expedient that further provision should be made fa quire, with medi. the confinement and maintenance of insane prisoners,” it is ensete, cal aid, respecting “That, if any person, while imprisoned in any prison or other place of such insanity.

confinement under any sentence of death, transportation, or imprises ment, or under a charge of any offence, or for not finding bail for good behaviour, or to keep the peace, or to answer a criminal charge, or is consequence of any summary conviction or order by any justice or jze tices of the peace, or under any other than civil process, shall appear a be insane, it shall be lawful for any two justices of the peace of the county, city, borough, or place where such person is imprisoned, to in

quire, with the aid of two physicians or surgeons, as to the insanity of If certified to be such person; and if it shall be duly certified by such justices and seek

physicians or surgeons that such person is insane, it shall be lawful for 2. County asyine of her Majesty's principal Secretaries of State, upon receipt of such lums for. 'ertificate, to direct, by warrant under his hand, that such person shall insane

insane, Secretary be removed to such county lunatic asylum or other proper receptacle for of State to grant

warrant for rensane persons as the said Secretary of State may judge proper and ap- ma

moval to lunatic point; and every person so removed under this act, or already removed asylum. or in custody under any former act relating to insane prisoners, shall "emain under confinement in such county asylum or other proper reeptacle as aforesaid, or in any other county lunatic asylum or other proper receptacle to which such person may be removed, or may have been already removed, or in which he may be in custody by virtue of iny like order, until it shall be duly certified to one of her Majesty's If afterwards sane,

how to be dealt principal Secretaries of State, by two physicians or surgeons, that such with berson has become of sound mind, whereupon the said Secretary of State s hereby authorized, if such person shall still remain subject to be coninued in custody, to issue his warrant to the keeper or other person Warrant for rehaving the care of any such asylum or receptacle as aforesaid, directing moval back to pri

son, or to dishat such person shall be removed back from thence to the prison or charge. Other place of confinement from whence he or she shall have been taken, or, if the period of imprisonment or custody of such person shall have xpired, that he or she shall be discharged.”

Sect. 2. “That in all such cases as aforesaid, unless one of her Ma- Justiccs to inquire jesty's principal Secretaries of State shall otherwise direct, it shall be into the settlement

of such prisoner, awful for such two justices, or any other two justices of the peace of the and make orders county, city, borough, or place where such person is imprisoned, to in- on parish for main

tenance, &c. quire into and ascertain, by the best evidence or information that can be Obtained under the circumstances of the personal legal disability of such nsane person, the place of the last legal settlement, and the pecuniary ircumstances of such person; and if it shall not appear that he or she s possessed of sufficient property which can be applied to his or her maintenance, it shall be lawful for such two justices, by order under their hands, to direct the overseers of the parish where they adjudge him or her to be lawfully settled, or in case such parish be comprised in a inion declared by the Poor Law Commissioners, or shall be under the management of a board of guardians established by the Poor Law Commissioners, then the guardians of such union, or of such parish, (as the

ase may be), to pay on behalf of such parish, in the case of any person removed under this act, all reasonable charges for inquiring into such person's insanity, and for conveying him or her to such county lunatic isylum or receptacle for insane persons, and to pay such weekly sum as hey or any two justices shall, by writing under their hands, from time o time direct, for his or her maintenance in such asylum or receptacle n which he or she shall be confined; and in the case of any person renoved under any former act relating to insane prisoners, to pay such weekly sum as they or any two such justices as aforesaid shall, by writng under their hands, from time to time direct, for his or her maintesance in the asylum or receptacle in which he or she is confined; and when the place of settlement cannot be ascertained, such order shall be When settlement nade upon the treasurer of the county, city, borough, or place where not found, order

to be made on ruch person shall have been imprisoned; but if it shall appear, upon in- treasurer of quiry, to the said or any other two justices of the county, city, borough, county. or place where such person is imprisoned, that any such person is pos- In case the person sessed of property, such property shall be applied for or towards the ex- is possessed of pro

perty, it shall be penses incurred or to be hereinafter incurred on his or her behalf, and applied towards they shall from time to time, by order under their hands, direct the the expense. overseers of any parish where any money or securities for money, goods, chattels, lands, or tenements of such person shall be, to seize so much of the said money, or to seize and sell so much of the said goods and chattels, or receive so much of the annual rent of the lands or tenements of such person, as may be necessary to pay the charges, if any, of inquiring into such person's insanity, and of removal, and also the charges VOL. III.

4M

2. County asy- of maintenance, clothing, medicine, and care of any sueh insane person,

lums for accounting for the same at the next special petty sessions of the division, & 4 Fist city, or borough in which such order shall have been made, such charges

having been first proved to the satisfaction of such justices, and the amount thereof being set forth in such order." [See the 9 Ge. It.c

40, ss. 38, 41, 42, ante, 1253 to 1255.7 Persons charged Sect. 3, reciting that it is expedient that the same provision shouli with misdemean be made with regard to persons charged with misdemeanours as is made ours, acquitted on be made with regard to pers ground of insanity, with regard to persons charged with treason, murder, or felony, by virtue may be kept in

of the 39 & 40 Geo. III. c. 94, ante, 1241, enacts, " That in all casts custody.

where it shall be given in evidence upon the trial of any person charged with any misdemeanour, that such person was insane at the time of the commission of such offence, and such person shall be acquitted, the jury shall be required to find specially whether such person was insane at the time of the commission of such offence, and to declare whether such peson was acquitted by them on account of such insanity; and if they shall find that such person was insane at the time of the committing such offence, the Court before whom such trial shall be had shall order such person to be kept in strict custody, in such place and in such me ner as to the Court shall seem fit, until her Majesty's pleasure shall be known; and it shall thereupon be lawful for her Majesty to give such order for the safe custody of such person, during her pleasure, in such place and in such manner as to her Majesty shall seem fit; and in s cases where any person before the passing of this act has been acquitted of any such offence on the ground of insanity at the time of the comme sion thereof, and has been detained in custody as a dangerous person by order of the Court before whom such person has been tried, and still remains in custody, it shall be lawful for her Majesty to give the order for the safe custody of such person during her pleasure, as her li

jesty is hereby enabled to give in the case of any person who shall bert Like powers as in after be acquitted on the ground of insanity; and in all such cases ET cases before men

men two justices of the peace of the county, city, or place where such persen tioned for inquiring into settlement shall have been acquitted on account of insanity, or shall be kept in cus, and ordering main- tody, shall have the like power as is given in the cases before mention

to inquire into and ascertain the last legal settlement of such insane, son, and also to make the like order or orders for the payment of such

person's maintenance and of other charges as above mentioned." Persons aggrieved Sect. 4 provided, “ That, if any person shall feel aggrieved by any order may appeal from order of justices.

of any justices as aforesaid, such person may appeal to the justice
the peace at the next quarter sessions of the peace to be holden D..
for the county, city, borough, or place where the matter of appeal sula
have arisen, the person so appealing having given to the justices again
whose order such appeal shall be made ten days' notice of his or her in
tention to make such appeal; and the said justices at such sessions a
hereby authorized and required to hear and determine the matters
such appeal in a summary way, and to make such deterinination as
shall think proper, and shall and may also award such further satistik
tion to the party injured, or such costs to either of the parties, as
shall judge reasonable and proper; and every such determination
be final and conclusive to all intents and purposes whatsoerer, 21

certiorari shall be allowed.” Overseers or guar. Sect. 5 provided, “ That the overseers of the parish in which the dians may appeal tices shall adjudge any insane person to be settled, or in case sac against order of justices on parish. be comprised in a union, or be under the management of a bado

guardians, then either the guardians of such union or parish, (as the may be), or the overseers of such parish, may appeal against such ory to the general quarter sessions of the peace to be holden for the couny; city, borough, or place where such order shall be made, in like many and under like restrictions and regulations as against any order moval, giving reasonable notice thereof to the clerk of the peace of sucu

tenance.

Tmination shal

in case such parish county, city, borough, or place, who shall be respondent in such appeal, 2. County asywhich appeal the justices of the peace assembled at the said general lums for. quarter sessions are hereby authorized and empowered to hear and de

3 & 4 Vict, c. 54. termine in the same manner as appeals against orders of removal are now heard and determined.”

Sect. 6. That so much of the 9 Geo. IV. c. 40, s. 55, as relates to 9 Geo. 4, c. 40, the removal of any person imprisoned under sentence of imprisonment *

7 s. 55, repealed. or transportation to any county lunatic asylum or other proper receptacle, shall be and the same is hereby repealed.

Sect. 7. “ And whereas, by the said last-mentioned act it was among So much of 9 Creo. other things enacted, that it should be lawful for two justices of the peace relates to orders

4, c. 40, s. 54, as of the county where any person should be kept in custody as an insane for the payment of

money for amount person by order of any Court, or by his Majesty's order subsequent

of maintenance of thereunto, to inquire into and ascertain the settlement and circumstances insane prisoners,

to be settled by of such insane person, and to make order for the payment of such

Secretary of State weekly sum for his or her maintenance as one of his Majesty's principal repealed. Secretaries of State should, by writing under his hand, from time to time direct: And whereas it is expedient that so much of the said act as relates to such direction to be given by such Secretary of State should be repealed, and other provisions made in the place thereof: be it therefore enacted, that so much of the said act as relates to such directions to be given by such Secretary of State shall be and the same is hereby repealed; and that it shall be lawful for such two justices, by order under their hands, to direct the overseers of the parish in which they shall adjudge such insane person as last aforesaid to be legally settled, or in ease such parish shall be comprised in a union declared by the poor-law commissioners, or shall be under the management of a board of guardians established by the poor-law commissioners, then the guardians of such union or parish, as the case may be, to pay such weekly sum for the maintenance of such person as they or any such two justices shall, by writing under their hands, direct.”

Sect. 8. “And in order to remove doubts as to the meaning of certain Rules for interwords in this act, be it enacted, that the words treasurer of the county, pre

pretation of act, city, borough, or place,' shall be deemed to include any officer in any county, riding, division, liberty, county of a city, county of a town, cinque port, or town corporate, who has the custody of any funds assessed upon or raised in or belonging to such county, riding, division, liberty, county of a city, county of a town, cinque port, or town corporate, in the nature of county rates, and applicable to the purposes to which county rates are applicable; that the words insane person' shall be deemed to include any lunatic or dangerous idiot; and that the words county, city, borough, or place,' shall be deemed to include any county, riding, division, liberty, county of a city, county of a town, cinque port, or town corporate; and the word 'parish' shall be deemed to include any township, hamlet, tithing, vill, extra-parochial place, or any place maintaining its own poor.”

Seet. 9. “That this act shall extend only to England and Wales." Limitation of act.

The 5 & 6 Vict. c. 87, s. 30, reciting that, by the 9 Geo. IV. c. 40, it 5 & 6 Vict. c. 87. was amongst other things enacted, that all asylums erected or esta- Metropolitan com

missioners to visit blished under the therein recited acts should in future be regulated count y lunatic asyunder the directions of that act; and that it is desirable, with a view to

lums annually. the amelioration of the condition of insane persons, that inspection should be had and reports made of all asylums regulated under the provisions of the last-mentioned act, and that competent persons should be appointed for that purpose ; enacts, “ That two or more of the metropolitan commissioners in lunacy, one of whom at least shall be a physician or surgeon, and one at least a barrister commissioner, shall, once in each year, on such day or days, and at such reasonable hours of the day, and for such length of time as they shall think fit, visit each and

missioners to re

law are acted upon.

as to cla-sification

as to in-door and out-door amusements and occupations, and their

and as to condition

2 County asy, every asylum regulated under the provisions of the said last-mentioned lums for.

act.' Metropolitan com Sect. 31. “That such metropolitan commissioners shall, when so riiport whether the

ing such last-mentioned asylums, inquire, and shall by their reper, i provisions of the writing state, whether the provisions of the law have been carried cet as

to the construction of every such asylum, and as to its visitahin and management, and also as to the regularity of the admissions and ibera

tions of patients therein and therefrom." To report as to Sect. 32. “ That such metropolitan commissioners shall in like any ^ystem of non-coercion;

manner inquire and state whether any system of non-coercion, eitta o whole or in part, is in practice in every such asylum, and if so, the pare ticulars of such system, and by what means practised, whether by medical treatment or otherwise, and what has been the result thereof."

Sect. 33. “ That such metropolitan commissioners shall also in ike of patients;

manner inquire into and state the classification or non-classification ! patients in every such asylum, and the number of attendants on each class, and, so far as is practicable, the proportionate number of atest ants before and since the adoption of any system of non-coercion who may have been adopted in such house."

Sect. 34. “ That such metropolitan commissioners shall also in Lise manner inquire into and state the occupations and amusements of the

patients in every such asylum, and whether the same be in-door or cateffect;

door occupations or amusements, and the effect of such occupations 12. amusements, both in-door and out-door respectively, on the conditio as well mental as bodily, of the patients.”

Sect. 35. “ That such metropolitan commissioners shall also in of pauper patients when received into manner inquire into and state the usual condition, as well menes asylum, and the bodily, of the pauper patients when first received into every sech dietary; and to report renerally as

asylum, and whether the condition has been such as to prever to asylums and impede the ultimate recovery, either mental or bodily, of such patients.

and also inquire into and state the dietary of the pauper pareta u every such asylum; and such commissioners shall also as sub tube make such other inquiries as to every such asylum as to the stall seem fit, and shall report thereon in writing, with such observation, as to every such asylum and the patients therein, as to such as

shall seem meet." Lists in form of Sect. 36. “That such metropolitan commissioners shall, when so visit made of patients being as aforesaid each asylum regulated under the provisions of the s asylum at the be." last-mentioned act, require to be produced to him a correct list, anset bers admitted and number of patients in each asylum

on the first day of January in the year, and the num. ing to the form in Schedule (B., post, 1270), annexed to this set er discharged during

year, the number admitted between such first day of January 1.* year and the first day of the following year, and the number of patata discharged as cured or relieved, and the number discharged lieved, and the

number who have died during the same period, and is transmit

such list to the clerk of the metropolitan commissioners". The reports to be Sect. 37. “That the report so made and the list so drawn up aseite signed and sent to clerk of commniso said, as to each and every asylum so regulated under the proristas sioners. the said last-mentioned act, shall be signed by the commission

ing such asylum, and shall be delivered to the clerk of the necropolitan commissioners, who shall enter the same in a book to be kept by bir for that purpose."

Sect. 38. “ And whereas it may be desirable, with a vier to State, or either,

general amelioration as aforesaid, that inspection should also be better

the royal military and naval hospitals, and all other (if any partie tropolitan commiz.

asylums, other than the county asylums aforesaid, for the receptica si royal military

insane persons, excepting the royal hospital of Bethlem, and that it and naval hospi petent persons should be appointed for that purpose ; be it enacted, sini

the Lord Chancellor, or other the person or persons so intrusted as

patients

each year.

Lord Chancellor and Secretary of

may require me.

sioners to visit and report as to

tals, and other

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