by the 9 & 10 V., c. 84, see INFRA. The care and treatment of lunatics in madhouses is now provided for by the 8 & 9 V., c. 100, repealing all prior Acts, see INFRA.

8 & 9 V., c. 100. Regulation of the Care and Treatment of Lunatics.

Sect. 1.-After reciting and repealing 2 & 3 W. 4, c. 107; 3 & 4 W. 4, c. 64; 5 & 6 W. 4, c. 22; 1 & 2 V., c. 73; 5 & 6 V., c. 87, it is enacted that the visitors and clerk appointed under the repealed Acts shall continue to act until the appointment of any new ones; and all licences heretofore granted, and all orders and other matters made and done under the said Acts shall remain in force, and all fees and charges shall remain payable as if this Act had not been passed.

Sect. 2.-Commissioners in lunacy under the 5 & 6 V., c. 84 (see Dig., Part III. p. 297), shall be henceforth called "Masters in Lunacy."

Sect. 3.-Persons appointed for the purposes of this Act, of whom three shall be physicians, and three barristers of ten years' standing at the bar, shall be called "Commissioners in Lunacy," and such commissioners shall respectively hold their offices during good behaviour, and shall not, so long as they remain such commissioners, and receive any salary under this Act, accept, hold, or carry on any other office or situation, or any employment from which any gain or profit is derived; and there shall be paid to each of the six commissioners, for the time being, physicians or barristers, over and above their travelling expenses, whilst employed in visiting any houses, hospitals, asylums, gaols, workhouses or other places in pursuance of this Act, the yearly salary of 15007. by four equal quarterly payments, or a proportionate part thereof to be computed, in the case of the commissioners appointed by this Act, from the passing of the same, and in other cases from the time of the appointment; and (Sect. 4) in case of death, removal for ill behaviour, disqualification, refusal or inability of any such commissioner to act, the Lord Chancellor shall appoint a person in his room; and (Sect. 5) any superannuation allowance to be granted to any such commissioner shall be granted only in respect of services performed under this Act, and shall be subject to the provisions of the 4 & 5 W. 4, c. 24.

Sect. 5.-The oath to be taken by the commissioners; and (Sect. 6) commissioners to have a common seal; and (Sect. 8) the said commissioners shall elect one of their number not being a physician or barrister receiving a salary under this Act to be a permanent chairman, and in case of his death or inability to act shall elect another in his place ; and in the case of his absence at any meeting the majority of the commissioners present shall elect a chairman for that meeting, and such chairman shall in all cases have a vote, and if the votes be equal shall have an additional or casting vote; and (Sect. 9) appointment of a secretary to the commissioners with a salary of 8001.; and such secretary shall be removable from his office by the Lord Chancellor on the application of the commissioners; and (Sect. 10) any superannuation allowance to be granted shall be subject to the conditions hereinbefore mentioned; and (Sect. 11) the said commissioners may appoint two or more clerks as they may find it expedient so to do, and allow them such salary as they think proper, not exceeding the yearly sum of 2007; and (Sect. 12) oath to be taken by secretary and clerks; and (Sect. 13) the clerk to the metropolitan commissioners in lunacy appointed under the 2 & 3 W. 4, shall forthwith deliver up every book, paper and document, and all goods and effects which may be in his possession to the commissioners hereby appointed.

Sect. 14. The commissioners may grant a licence to keep a house for the reception of lunatics within the cities of London and Westminster, &c., and every other place within the distance of seven miles from any part of the said cities and the borough of Southwark, all which places shall be deemed to be the immediate jurisdiction of the commissioners; and (Sect. 15) the commissioners or some five of them shall meet at the usual office on the first Wednesday in the months of February, May, July, and November in every year, in order to receive applications from persons requiring houses to be licensed for the reception of lunatics within their immediate jurisdiction, and if they think fit to license the same, and in case five commissioners be not present, the meeting shall be adjourned to the next Wednesday, and so on until five commissioners be assembled ; and the commissioners so assembled may adjourn such meeting as they think fit: Provided always, nevertheless, that it shall be lawful for any five of the commissioners at any other time, at any meeting duly summoned under the provisions hereinafter contained, to receive applications from persons requiring houses to be licensed as aforesaid, and to license the same if they think fit.

2 & 3 W. 4, c. 107. This Act, which repeals the 2 & 3 W. 4, c. 107, leaves orders made under the same so far valid as to amount to a justi

fication of a detainer in an asylum. In the matter of Robert Fell, a supposed lunatic, 15 L. Journ. N.S., Q.B. 113; S.C. M.C. 25.

8 & 9 V., c. 100. Regulation of the Care and Treatment of Lunatics.

Sect. 16.-Any commissioner may by writing under his hand require the secretary to convene a meeting, and the secretary shall convene such meeting by summons to the other commissioners or such of them as are in England, and have an address known to him, giving them at least twenty-four hours' notice, and stating the purpose of the meeting; and in such case it shall be competent to three commissioners to act in all cases, except where five commissioners are required by this Act.

Sect. 17.-The justices of the peace in general or quarter sessions in all other parts of England shall have power to license houses for the reception of lunatics, and to appoint one physician, surgeon or apothecary, or more, to act as visitors who shall take the oath required by this Act to be taken by the commissioners; and (Sect. 18) the said justices shall in case of death or otherwise appoint another visitor; and (Sect. 19) a list of the visitors shall be published by the clerk of the peace in some newspaper circulating in the county, on pain, in case of default, of his forfeiting any sum not exceeding 21. ; and (Sect. 20) such visitor shall be paid for every day during which he is employed such sum as the justices shall direct; and (Sect. 21) the clerk of the peace or some other person shall be appointed by the justices to be clerk to the visitors, and his appointment shall be published by the clerk of the peace, on pain of forfeiting 2. in case of default, and such clerk shall take the same oath as the clerk to the commissioners in lunacy, and shall receive such remuneration as the justices shall direct; and (Sect. 22) if the clerk to the visitors desire to have an assistant and certify such desire, and the name of such assistant to one of the visitors being a justice, if such visitor approve thereof, he shall administer the required oath to such assistant. Sect. 23.-No person shall be or act as a commissioner, visitor, secretary, or clerk to the commissioners, or clerk or assistant clerk to any visitors, or act in granting any licence, who is, or within one year next preceding has been, directly or indirectly, interested in any house licensed for the reception of lunatics, or the profits of such reception, nor shall any physician or surgeon (being a commissioner), nor shall any physician, surgeon, or apothecary (being a visitor), sign any certificate for the admission of any patient into any licensed house or hospital, nor shall he professionally attend upon any patient in any licensed house or hospital, unless he be directed to visit such patient by the person upon whose order such patient has been received into such licensed house or hospital, or by the Lord Chancellor, or H.M.'s principal secretary of state for the home department, or by a committee appointed by the Lord Chancellor; and if any such commissioner, visitor, &c., after his appointment, be or become so interested in any house licensed for the reception of lunatics, such commissioner, &c. shall immediately thereupon be disqualified from acting in that capacity; and if he afterwards so act, he shall be guilty of a misdemeanor; and if any physician, &c. (being a commissioner or visitor), sign any certificate for the admission of any patient, or attend any patient as aforesaid, he shall for each offence forfeit the sum of 101.

Sect. 24.-Fourteen days' previous notice of intended application for a licence shall be given to the commissioners or justices, containing the true name and place of abode of the party applying, and if such party do not propose to reside in the house, then the name and occupation of the superintendent; and in case the house have not been previously licensed, then such notice shall be accompanied with a plan of the house drawn upon a scale of not less than one-eighth of an inch to a foot, with a description of the situation thereof, and the dimensions of every room or apartment therein, and a statement of the quantity of land, not covered by any building, annexed to such house, and whether the licence so applied for is for the reception of male or female patients, or both, and of the means by which one sex can be kept apart from the other: Provided always, that any person to whom a licence is granted may remove the superintendent named in the notice, and appoint another, upon giving a notice containing the true name and occupation of the new superintendent to the commissioners or visitors: Provided also, that all plans heretofore delivered shall be deemed sufficient for the purposes of this Act, if the commissioners or justices think fit.

Sect. 25. No licence shall include more than one house, but detached buildings may in certain cases be considered part of the house; and (Sect. 26) notice of all additions and alterations shall be given to the commissioners or clerk of the peace; and (Sect. 27) any untrue statement shall be deemed a misdemeanour.

Sect. 28.-A copy of every licence granted by the justices shall be transmitted by the clerk of the peace, on pain of his forfeiting 27. in case of default; and (Sect. 29) every person applying for a renewal of his licence shall furnish a statement of the number of patients of either sex, and whether private or pauper patients, and any person obtaining a renewal without making such return shall forfeit the sum of 107.; and any person making a false return shall be guilty of a misdemeanor; and (Sect. 30) every licence

8 & 9 V., c. 100. Regulation of the Care and Treatment of Lunatics.

shall, as nearly as conveniently may be, be according to the form in schedule (A.) annexed to this Act, and shall be stamped with a 10s. stamp, and be under the seal of the commissioners, or under the hands and seals of three or more justices, and shall be granted for any period not exceeding thirteen months, as the commissioners or justices may think fit; and (Sect. 31) licences shall not be granted by justices for any borough without the consent in writing of the recorder.

Sect. 32. The charge for every licence shall be 108. for every patient not being a pauper, and 2s. 6d. for every pauper patient, and if the total amount of such sums be not 15l., then so much more as shall make up the sum of 157.: Provided that, if the period of the licence be less than thirteen months, then the commissioners or justices may reduce the charge to any sum not less than 57.; and (Sect. 33) all monies received for licences, and for searches made as hereinafter provided, shall be applied by the secretary towards the payment of the salaries and travelling and other expenses of the commissioners, &c.; and (Sect. 34) the secretary shall make out an annual account to be laid before the lords commissioners of H.M.'s treasury, and of all receipts and payments by him under this Act; and (Sect. 35) in case the balance of payments is over the receipts, the deficiency shall be made good out of the consolidated fund; and (Sect. 36) monies received by the clerk of the peace shall be applied by him towards the payment of salaries and other expenses; and (Sect. 37) in case of deficiency the same shall be made good out of the county or borough rate.

Sect. 39.-If any person to whom a licence is granted become incapable of keeping the house, or die before the expiration of the licence, the commissioners, or any three justices, may transfer the licence for the remainder of the term; and (Sect. 40) in case a licensed house be taken down under the provisions of any act of parliament, or be accidentally rendered unfit for the accommodation of lunatics, or the keeper thereof wishes to transfer his patients, the commissioners, or any two or more justices as the case may be, may, upon the payment to the secretary of commissioners or the clerk of the peace of the sum of 17. (exclusive of the stamp), grant a licence to keep such other house as the commissioners or justices shall think fit.

Sect. 41.-If a majority of the justices of any county or borough recommend to the Lord Chancellor that any licence granted by them should be revoked, it shall be lawful for the Lord Chancellor, under his hand and seal, to revoke any licence, and such revocation shall take effect at a period to be named in the instrument, and a copy thereof shall be published in the London Gazette, and shall before such publication be transmitted to the person to whom the licence had been granted, or to the resident superintendent: Provided always, that in case of such revocation being recommended to the Lord Chancellor, seven clear days' notice thereof previous to the transmission thereof to the Lord Chancellor, shall be given to the person the revocation of whose licence is recommended, or to the resident superintendent, or be left at the house; and (Sect. 42) the like in case the commissioners recommend a revocation of any licence granted by themselves or the justices.

Sect. 43.-Hospitals receiving lunatics shall have their regulations printed, and shall have a resident medical attendant, and he shall apply to the commissioners to have the hospital registered; and (Sect. 44) after the passing this Act it shall not be lawful for any person to receive two or more lunatics into any house, unless such house be an asylum, or an hospital registered under this Act, or a house licensed under this Act; so (Sect. 45) no person (not a pauper) whether being or represented to be a lunatic, or only a boarder or lodger, of whom any money is received or agreed to be received for board and lodging, shall be received into or detained in any house, or received into or detained as a lunatic in any hospital, without an order, under the hand of some person according to the form, and stating the particulars required in Schedule (B), nor without the medical certificate, according to the form in Schedule (C), of two physicians, surgeons or apothecaries, who shall not be in partnership, and each of whom shall, separately from the other, have examined the person to whom it relates, not more than seven clear days previously to the reception of such person into such house or hospital, and shall have signed and dated the same on the day on which such person has been so examined; and any person receiving or detaining another without such order and certificate shall be guilty of a misdemeanor; and (Sect. 46) such physician, &c. signing such certificate shall specify therein any facts (whether arising from his own observation, or from the information of any other person) upon which he has formed his opinion that the party to whom it relates is a lunatic, insane person, or an idiot, or of unsound mind: Provided always, that any person (not being a pauper) may, under special circumstances be received upon such order as aforesaid, with the certificate of one physician, surgeon, or apothecary only, provided the order states the special circumstances which have prevented the person from being examined by two medical practitioners, but in every such

8 & 9 V., c. 100. Regulation of the Care and Treatment of Lunatics.

case another certificate shall be signed by some physician, &c., not being connected with any such house or hospital within three days after his reception, and any person suffering another to remain longer than three days without such further certificate shall be guilty of a misdemeanor.

Sect. 48.-No pauper shall be received into or detained in any licensed house, or any hospital without an order and statement according to the form, and stating the particulars required in Schedule (D), under the hands of one justice, or an officiating clergyman, with the relieving officer, or one of the overseers (which said justice, clergyman, relieving officer, or overseer, as the case may be, shall have personally examined such pauper previously to signing such order), nor without a medical certificate according to the form in the said Schedule (D), and dated not more than seven clear days previously to the reception of such pauper into such house or hospital, and every such certificate shall be signed by a physician, &c., (not being the medical officer of the parish or union) on the day whereon he examines the pauper; and every person receiving a pauper without such order and medical certificate shall be guilty of a misdemeanor. Sect. 49.-No medical practitioner who is interested in, or attends a licensed house or hospital, shall sign a certificate for admission of a patient, and any such practitioner signing contrary to the provisions hereinbefore contained, or without having complied with all the provisions hereby required, or stating anything untruly, shall be guilty of a misdemeanor. Sect. 50.-Every person receiving a lunatic into any house or hospital, shall make an entry in a book to be called "The Book of Admissions," according to the form in Schedule (E), and containing the particulars there required, so far as he can ascertain the same, except as to the form of the mental disorder; and except, also, as to the discharge or death of the patient, which shall be made when the same happens, and in case of default such person shall be guilty of a misdemeanor; and (Sect. 51) the form of the mental disorder shall be entered in such book by the medical attendant. Sect. 52.—Every person receiving a patient into any house or hospital, shall transmit a notice thereof to the commissioners, and if within the jurisdiction of any visitors, then also to the clerk of the visitors; and (Sect. 53) notices shall be given of the escape of any patient, and of his being brought back, stating the time and circumstances of his bringing back, on pain of forfeiting any sum not exceeding 101. in case of default; and (Sects. 54, 55) whenever any patient is removed or discharged from any house or hospital, or die therein, entry shall within two clear days be made thereof in a book to be kept for that purpose according to the form, and stating the particulars required in Schedule (G. 1), and notice thereof shall also be given within the said two days, and notice also of the cause of his death shall be transmitted to the commissioners, and also if the house be within the jurisdiction of any visitors, to the clerk of such visitors, according to the form in Schedule (G. 2) annexed to this Act, and every person neglecting to make such entry, or give such notice, shall be guilty of a misdemeanor. Sect. 56.-Abuse, ill-treatment, or wilful neglect of any patient, shall be a misdemeanor, and in the event of the release of any person, who considers himself to have been unjustly confined, a copy of the certificates and order upon which he has been confined shall be furnished to him or to his attorney by the clerk to the commissioners without any fee or reward for the same, and it shall be lawful for the Secretary of State, on the report of the commissioners or visitors to direct H. M.'s Attorney-General to prosecute any person who has been concerned in the unlawful taking or confinement of any of H.M.'s subjects as an insane patient, and likewise any person concerned in the illtreatment of any patient or person so confined.

Sect. 57.-In every house licensed for one hundred patients or more there shall be a physician, surgeon, or apothecary resident as the superintendent thereof; and every house licensed for less than one hundred and more than fifty, (if not kept by a resident physician, or &c.) shall be visited by a physician, &c., and every house licensed for less than fifty patients, (if not kept by a physician, &c.,) shall be visited twice in every week: Provided always, that it shall be lawful for the visitors of any licensed house to direct that such house, and for the commissioners to direct that any house shall be so visited at other times, not being oftener than once a day; and (Sect. 58) where the number of patients is less than eleven persons, commissioners and visitors may lessen the number of medical visits, so as that such house is visited at no greater interval than once in every two weeks; and (Sect. 59) a book shall be kept, called "The Medical Visitation Book," in which a weekly entry shall be made, showing the condition of the house and patients; and also (Sect. 60) a book shall be kept, to be called "The Case Book," in which the physician, &c. shall from time to time make entries of the mental state and bodily condition of each patient, together with a correct description of the medicine and other remedies prescribed for the treatment of his disorder; and the commissioners from time to time, by any order

8 & 9 V., c. 100. Regulation of the Care and Treatment of Lunatics.

under their common seal, may order in what form the case book shall be kept, and may also require such physician, &c. to transmit a correct copy of the entries, and every physician neglecting to keep the said case book according to the form directed by the commissioners shall forfeit any sum not exceeding 101.

Sect. 61. Every licensed house shall, without previous notice, be visited by two, at least, of the commissioners, (one of whom shall be a physician, and the other a barrister) four times at the least, in every year; and every hospital shall be visited once in every year; and every such visit shall be made on such days, and at such hours of the day, and for such length of time as the visiting commissioners shall think fit, and also at such other times (if any) as the said commissioners in lunacy shall direct; and such visiting commissioners shall inspect every part of the house and ground, and inquire whether any patient is under restraint, and why, and inspect the order and certificates for the reception of every patient; and in the case of any house licensed by justices, shall consider the observations made in the visitors' book for such house by the visitors appointed by the justices; and (Sect. 62) licensed houses not within the immediate jurisdiction of the commissioners shall be inspected four times a year, at least, by the visitors, and (Sect. 63) the proprietor or superintendent of every house and hospital shall show every part and every patient to the commissioners and visitors, and any person neglecting or refusing so to do, and concealing, or attempting to conceal, any part thereof, shall be guilty of a misdemeanor; and (Sect. 64) commissioners or visitors shall inquire when divine service is performed, and to what number of patients, and also what occupations or amusements are provided for the patients, and the results thereof; and whether any system of non-coercion has been adopted, and the result; and also as to the classification of patients, and also as to the condition and dietary of the pauper patients, and shall make all such other inquiries as to them may seem meet; and (Sect. 65) a list of all the patients, and also the several books by this Act required to be kept, and all orders and certificates relating to patients admitted, and all other orders, certificates, documents, and papers, relating to any patients, shall be laid before such visiting commissioners and visitors.

Sect. 66.-There shall be hung up in some conspicuous part of every licensed house a copy of the plan given to the commissioners or justices on applying for the licence, and a Queen's printer's copy of this Act bound up in a book, to be called "The Visitors' Book," and the commissioners and visitors shall enter therein the result of the inspections and inquiries hereinbefore directed, or authorized to be made; and there shall also be kept in every such house a book, to be called "The Patients' Book," and the commissioners and visitors shall enter therein such observations as they think fit, respecting the state of mind or body of any patient in such house, and (Sect. 67) a true and perfect copy of such entries shall, within three days after such visitation, be transmitted to the commissioners, and to the clerk of the visitors, and the copies transmitted to such clerk shall be laid before the justices on taking into consideration the renewal of the licence, and every proprietor or superintendent omitting to transmit such copies shall forfeit 10l.; and (Sect. 68) commissioners visiting any house licensed by the justices shall make an entry in the patients' book as to the state of mind of any doubtful patient, and that the propriety of his detention requires further consideration; and a true and perfect copy of such minute shall, within two clear days, be sent to the clerk of the visitors, who shall forthwith communicate the same to the visitors, and every proprietor, &c., omitting to send such true and perfect copy shall be deemed guilty of a misdemeanor. Sect. 69.-Visiting commissioners shall report on every house and hospital not within their immediate jurisdiction, and (Sect. 70) any five of the commissioners shall, at any quarterly or special meeting, make such rules as they think fit, for regulating the duties of the visiting commissioners: Provided, nevertheless, that the secretary shall give to every commissioner, as far as circumstances will admit, not less than seven days' notice of every such special meeting, and shall, in the summons, state the purposes for which the same is intended to be held; and (Sect. 71) it shall be lawful for any two or more commissioners, or any two visitors, to visit any licensed house or hospital at such hour of the night as they think fit: Provided, nevertheless, that no visitor shall make any such visitation, except of a licensed house within their jurisdiction.

Sect. 72.-The person who signed the order for the reception of a private patient may order his discharge or removal, and (Sect. 73) if such person be dead, then the husband or wife of such patient, or if there be no husband or wife, then the father, or if there be no father, then the mother, or if there be no mother, then one of the nearest of kin of such patient, or the person who made the last payment on account of such patient, may, by any writing under his hand, give direction, as aforesaid, for his discharge: so (Sect. 74) the guardians of any parish or union, or the officiating clergyman, and one