8 & 9 V., c. 126. Amending the Laws for the Erection and Regulation of Lunatic Asylums. Sects. 11-15.-Appointment of visitors, meetings, and chairman; and (Sect. 16) visitors may sue and be sued in the name of their clerk; and (Sect. 17) visitors shall purchase land and buildings for the erection of any asylum; and contractors shall give to the clerk of the visitors sufficient security for the due performance of the contracts; and (Sect. 18) visitors may purchase in consideration of a rent reserved; or (Sect. 19) may take a lease at a rent; and (Sect. 20) incapacitated persons empowered to convey or exchange lands; and (Sect. 21) application of money on a sale by or an exchange with an incapacitated person; (Sect. 22) persons in possession shall be deemed entitled until the contrary be shown; and (Sect. 23) the Court of Chancery may order expenses to be paid by visitors; and (Sect. 24) the provisions hereinbefore contained shall apply to lands of copyhold or customary tenure; and (Sect. 25) lands or buildings purchased under the provisions of this or any former Act shall not be assessed at a higher value than they were at the time of the purchase. Sect. 26. Visitors may order all ordinary repairs of asylums, but no order for any repairs, or for the payment of any money exceeding the sum of 4007. shall be made unless due notice of the meeting at which the same is to be ordered has been given, according to the rules and regulations made by the visitors for the time being, nor unless three visitors concur in and sign such order. Sect. 27.-To prevent curable lunatics from being excluded by reason of the number of incurables, a separate or additional building shall be provided for the latter; and (Sect. 28) all proposals, agreements, and plans shall be submitted to the commissioners in lunacy, and all contracts and estimates shall be approved of by the Secretary of State; and (Sect. 29) visitors are empowered to contract with the owners of licensed houses for the care and maintenance of pauper lunatics, subject to the approval of the Secretary of State, but no such contract shall exempt a county or borough from the obligation of providing an asylum, and every licensed house, with the proprietor of which such contract is entered into, shall be subject to the visitation required by this Act; and (Sect. 30) visitors with the like consent may dissolve unions; and (Sect. 31) may also sell lands or buildings which have been used as, or together with, an asylum, and the produce of the sale shall be applied in carrying into execution the powers and purposes of this Act. Sect. 32.-No visitor shall have any interest in any contract or agreement made under the authority of this Act; and (Sect. 33) in order to defray the expenses payable for the purposes thereof, the justices shall raise the money by county and borough rates; or (Sect. 34) money may be raised by mortgage of the rates; and (Sect. 35) the justices and council of any county and borough may apply to the Commissioners of the Consolidated Fund for an advance of any sum necessary for the purposes of this Act, or the repealed Act, under the provisions of the 5 & 6 V., c. 9; and (Sect. 36) the county and borough rates shall be charged with the payment of interest on the mortgage, and not less than one-thirtieth part of the principal money every year; and (Sect. 37) provision shall be made for paying off the whole principal money borrowed under this Act within a time to be limited by the justices or council of any borough or county, not exceeding thirty years; and (Sect. 38) the justices or council are hereby empowered to raise money for paying off sums already borrowed. Sect. 39.-An asylum may be erected beyond the limits of any county or borough, and the justices of such county or borough may notwithstanding act therein; and (Sect. 40) every committee of visitors shall within twelve months after the passing of this Act, in the case of an asylum already established, and within twelve months after the completion of any asylum hereafter to be established, submit general rules to the Secretary of State for his approval, and subject to such rules may appoint and dismiss officers, and may fix a certain weekly sum, not exceeding 14s., to be paid for each lunatic, sufficient for his lodging, maintenance, care, medicine, and clothing; and (Sect. 41) if the aforesaid rate of 148. be found insufficient, justices in session may increase it; and (Sect. 42) visitors may appoint a chaplain, medical officer, and clerk: Provided always, that if any patient be of a religious persuasion differing from that of the Established Church, a minister of such persuasion, at the special request of such patient or his friends, shall, with the consent of the medical officer of such asylum, be allowed to visit him at proper and reasonable times, under such restrictions imposed by the visiting justices as shall prevent injury to such patient and the other lunatics confined in such asylum; and (Sect. 43) justices may grant an annuity to the superintendent, chaplain, matron, or other officer or servant of any county or borough lunatic asylum, who, from confirmed sickness, age, or infirmity, is become incapable of executing the office in person. Sect. 44.-Clerk of the asylum shall keep an account of all monies paid and received, and 8 & 9 V., c. 126. Amending the Laws for the Erection and Regulation of Lunatic Asylums. send copies thereof annually to the Secretary of State and Commissioners in Lunacy; and (Sect. 45) three visitors at least shall visit every asylum, once at least in every three months; and (Sect. 46) lists of pauper lunatics in every asylum shall be made half-yearly, and laid before the visitors, and copies thereof shall be transmitted to the clerk of the peace and to the secretary of the commissioners in lunacy; and a list of all private patients shall be sent half-yearly to the commissioners; and (Sect. 47) clerks of boards of guardians, and overseers of every parish not under a board of guardians, shall make annual returns of pauper lunatics; and (Sect. 48) the medical officer of every parish and union shall give notice to the overseers of the parish, and the relieving officer of the union, of every pauper chargeable to the same, who is deemed a lunatic, and every such overseer and relieving officer shall have such pauper brought before a justice, who shall call to his assistance a physician, surgeon, or apothecary, and shall examine him, and if such justice is satisfied that the said pauper is lunatic, and such physician, &c., sign a certificate to that effect, justice shall by his order direct him to be received into the asylum: Provided always, that if such pauper cannot, on account of his health or otherwise, be safely taken before any justice, he may be examined at his own place of abode by one justice, or an officiating clergyman, together with an overseer or relieving officer; and (Sect. 49) if any overseer or relieving officer have knowledge that any person wandering within his district is deemed to be a lunatic, he shall immediately cause such person to be apprehended and taken before a justice; and if such officer have knowledge that any person not chargeable to the parish is deemed a lunatic, and is under the care of some relative who neglects him, or treats him cruelly, he shall, within three days after having knowledge of the fact, give notice thereof to some justice of the peace, and thereupon the justice, in case such notice be given in writing, and upon the oath of the person giving it, require the overseer or relieving officer to bring such person before him and some other justice, within three days from the time of such notice, and the one justice in the case of the wandering lunatic, and the two justices in the case of such lunatic not being chargeable, having called in to his or their assistance a physician, &c., and being satisfied that the person is a lunatic, may, a certificate having been signed to that effect by the physician, &c., direct such person in either case to be conveyed to such asylum; and (Sect. 50) overseer or relieving officer neglecting to give such notice as aforesaid shall forfeit the sum of 10.; and (Sect. 51) no person shall be received into any asylum without an order and statement as in Schedule (E, No. 1), and a medical certificate, as in Schedule (E, No. 2). Sect. 55.-Every pauper lunatic not being in an asylum, or a registered hospital, or a house duly licensed for the reception of pauper lunatics, shall be visited once in every three months by the medical officer of the parish or union; and (Sect. 56) visitors are hereby empowered to remove paupers, being incurable lunatics, to an hospital or licensed house, and to provide further room, if necessary, for curable lunatics; and (Sect. 57) any pauper lunatic confined under the provisions of this Act shall be deemed to belong to and continue chargeable to the parish from which he has been sent, until it has been established that he is settled in some other parish; and (Sect. 58) any two justices may inquire into and adjudge the settlement of a lunatic; and (Sect. 59) any two justices may likewise determine to what county any pauper lunatic belongs; and (Sect. 60) in case of dispute as to the settlement of the lunatic, the guardian and other officers interested in the dispute may be allowed free access, in the presence of the medical attendant, to the lunatic, to examine him in the premises; and (Sect. 61) any justice by whom a lunatic is sent to an asylum or other house, under the powers of this Act, may make an order for payment of the reasonable charges of such lunatic; and (Sect. 62) if after any lunatic has been sent to an asylum, &c., it be adjudged that such lunatic is settled in a parish other than that from which he was sent, two justices, members of the committee of visitors, may make an order upon such other parish for payment of all expenses incurred for the lodging, maintenance, medicine, clothing, and care, and all other expenses incurred within twelve calendar months previous to the date of such order; and if (Sect. 63) it is ascertained that any lunatic is chargeable to a county, two justices may make an order upon the treasurer of the county so chargeable as aforesaid for all expenses incurred within the last twelve months, and for payment of all future expenses; Two justices may make an order. Under Sect. 42 of the repealed Act it was held, that where a pauper lunatic, whose settlement was unknown at the time, had been sent to an asylum on the complaint and at the expense of the parish to which he was chargeable, and his settlement was afterwards ascertained to be in another parish, the justices could not make an order for the repayment of the expenses of the removing parish, R. v. St. Andrew's (Worcester), 1 Dav. & M. 382; 4 Q. B. 729. 8 & 9 V., c. 126. Amending the Laws for the Erection and Regulation of Lunatic Asylums. and (Sect. 64) where a lunatic adjudged to belong to a county is afterwards adjudged to belong to a parish, two justices of the county may make order on the treasurer of the guardians for the payment of all expenses incurred within the last twelve months, and also for the future payment of the expenses incurred for the lodging and maintenance, &c. of such lunatic. Sect. 65. The committee of visitors may discharge a lunatic on the undertaking that he shall be no longer chargeable to any union, parish, county, or borough; and (Sect. 66) it shall be lawful for any justices being members of the committee of visitors, to make any such order, although the union, &c. may not lie within their jurisdiction; and (Sect. 67) persons aggrieved by any order may appeal to the sessions; and (Sect. 68) money so ordered to be paid may be levied by distress; and (Sect. 69) any medical person appointed by the guardians of any union, &c., and also the guardians, &c. themselves, shall be permitted, when they see fit, between the hours of eight in the morning and six in the evening, to visit and examine any pauper lunatic belonging to such union, &c. : Provided always, that if the medical officer of any asylum be of opinion that it will be injurious to any lunatic to permit such visit, and state in writing the reason why such lunatic should not be visited and examined, and sign such statement, then it shall be lawful for such medical officer to refuse such visit and examination. Sect. 70.-When any asylum can accommodate more than the lunatics of the county or borough, visitors, or justices at sessions may order the admission of other lunatics; and (Sect. 71) any three members of the committee of visitors may, by writing under their hands and seals, by and with the advice of the medical officer, order the discharge and removal of any lunatic from an asylum; and if any officer suffer a lunatic to quit the asylum without such order he shall forfeit any sum not exceeding twenty pounds; and (Sect. 72) the expenses of such discharge or removal shall be borne by the county, or the parish, as the case may be. Sect. 73.-Every clerk receiving a lunatic into an asylum shall make an entry thereof, as in Schedule G; and copies of all orders and certificates of admission, with an additional medical certificate, shall be transmitted to the commissioners in lunacy; and (Sect. 74) a weekly medical journal and a case book shall be kept in every asylum; and (Sect. 75) in case of the death of a lunatic, the cause of death shall be stated, and sent to the clerk of the peace and the commissioners in lunacy; and (Sect. 76) entries shall be made of the death, discharge, or removal of every lunatic in an asylum; and (Sect. 77) if any superintendent, officer, nurse, attendant, or other person employed in an asylum, in any way abuse, ill-treat, or wilfully neglect any lunatic confined therein, he shall be guilty of a misdemeanor; and (Sect. 78) complaints shall be made, and penalties recovered before any two justices; (Sects. 79, 80) form of conviction, and power of appeal. Sect. 81. Every city, town, liberty, &c., not being a borough within the meaning of this Act, shall be annexed to and rated as part of the county within which the same is situate; and (Sect. 82) the council of every borough shall have and exercise the same duties and power of erecting asylums as are conferred upon justices at any general or quarter sessions; and (Sect. 83) the committee appointed by such council shall have the same power as the committee of visitors; (Sect. 84) interpretation of the Act, see 8 & 9 V., c. 100, s. 114, ante, p. 280. b Removal of any lunatic from an asylum. Under the repealed Act, the 9 G. 4, c. 40, it was held that the justices had no power to remove an insane pauper to a private licensed asylum, on the ground that the county asylum was too full to afford accommodation for the pauper, R. v. Ellis, 1 Dav. & M. 382; S. C. 4 Q. B. 729; 14 L. Journ. M. C. 1. Annexed to and rated as part of the county. Under sect. 38 of the repealed Act, justices of the peace for the boroughs were held not to have the power to send a pauper lunatic, chargeable to the borough, to the county lunatic asylum, R. v. Cornwall (Just.), 2 D. & L. 775; S. C. 1 New Ses. Cas. 499; 14 Law Journ. (N. S.) M. C. 46; 9 Jur. 372. 8 & 9 V., c. 126. Amending the Laws for the Erection and Regulation of Lunatic Asylums. SCHEDULES TO WHICH THIS ACT REFERS. FORM of AGREEMENT for uniting counties, boroughs, and lunatic asylums maintained by voluntary subscription [as the case may be], for the purpose of erecting or providing an asylum (or additional asylums or accommodation) for the reception of lunatics. It is agreed, this day of -, by and between the committees of justices of the peace for The county of, four-ninths of the said expenses. The county of -, two-ninths of the same. The borough of -, one-ninth of the same. The lunatic asylum of, two-ninths of the same, [as the case may be.] - And it is further agreed, that the committee of visitors to superintend the building, erection, SCHEDULE (B.) FORM OF MORTGAGE and CHARGE upon the County or Borough Rates for securing the money borrowed. day of We, the chairman of the Court of Quarter Sessions of the peace of the county of -, |