Abbildungen der Seite
PDF
EPUB
[blocks in formation]

8 & 9 V., c. 126. Amending the Laws for the Erection and Regulation of

Lunatic Asylums.

* In the case of an Asylum receiving both private and pauper Patients, a separate Register in the above Form to be kept for each Class.

8 & 9 V., c. 126. Amending the Laws for the Erection and Regulation of Lunatic Asylums.

[blocks in formation]

* In the case of an Asylum receiving both pauper and private Patients, a separate Journal to be kept in the above Form for each Class.

9 & 10 V., c. 84. Amending the Law concerning Lunatic Asylums and Pauper Lunatics.

Sect. 1.-After reciting that doubts had been entertained whether under the provisions of the 8 & 9 V., c. 126, it is incumbent on justices of the peace, and others therein specified, to issue orders for the reception into a lunatic asylum or other place, of all persons brought before them: it is provided, that it shall not be deemed incumbent on any justice of the peace, or upon any clergyman, overseer, or relieving officer, to sign or issue such order as aforesaid, in all cases in which the physician, surgeon, or apothecary, whom he has called to his assistance, has signed the certificate according to the form numbered 1 in the Schedule (E), as provided by the said Act; but that every justice, clergyman, overseer, or relieving officer, by whom any such order is signed, shall be bound, before signing the order, to satisfy himself of the propriety of confining such lunatic in a lunatic asylum, unless a medical certificate that such lunatic is a proper person to be so confined, in the same form as the medical certificate in the said Schedule (E), has been signed by the medical officer of the union or parish to which the lunatic belongs, as well as by the said physician, &c. ; in which case such two medical certificates shall be received by every such justice, clergyman, overseer, and relieving officer, as conclusive evidence that such lunatic is a proper person to be so confined.

Sect. 2.-After reciting that doubts had been entertained as to the power of the justices in the appointment of committees to superintend and enter into agreements for the erecting lunatic asylums: it is provided, that every such committee already appointed shall be deemed to have been legally appointed; and in any case in which the occasion for appointing a committee now exists, or shall hereafter arise, public notice of the intention to appoint the same shall be given in the manner prescribed by the said Act, on or before the general quarter session of the peace to be holden for such county or borough, next after the passing this Act, or next after the occasion for the appointment thereof shall have arisen, as the case may be Provided, nevertheless, that notice, at any subsequent general quarter session of the peace, of the intention to appoint any such committee, and the appointment of a committee, in pursuance thereof, shall be valid.

Sect. 3. When any committee has been appointed for only one purpose, as that of treating for and entering into an agreement for the erection of an asylum, or that of superintending such erection, and the like, it shall be lawful for the justices, if they

9 & 10 V., c. 84. Amending the Law concerning Lunatic Asylums and Pauper Lunatics.

think fit, at any general quarter sessions, after the like public notice as is required in the case of the first appointment, to enlarge the powers of such committee, so as to effect the one or other of such purposes, as to the committee may seem best, and if necessary, under the provisions of the said Act, to appoint additional members of the said committee, and every such committee shall be deemed to be legally appointed. Sect. 4.-Until a committee of visitors shall, under the provisions of the said Act, or this Act, be appointed on behalf of any county or borough, the committee appointed for superintending or entering into any agreements for the erection or provision of any asylum, shall have all the powers of such committee.

Sect. 5. Whenever any agreement has been entered into, signed, and reported, as in the said Act is mentioned, the justices for the county or borough shall, at a special meeting to be held within twenty days after the same has been reported as aforesaid, and the subscribers of every lunatic asylum to which such agreement relates, or the majority of such subscribers present at a meeting to be holden within twenty-eight days after the signing of such agreement, and of which notice shall have been given by public advertisement in some newspaper circulated within the place in which such lunatic asylum is situated, shall appoint a committee of visitors in the same manner and under the same regulations and with the powers mentioned in the said Act. Sect. 6.-After reciting the powers given by the said Act to every committee of visitors to contract for certain purposes, it is enacted that it shall be lawful for any committee of visitors to make provision in the manner mentioned in the said Act, or otherwise, for the temporary care of pauper lunatics, subject to the approval and restrictions mentioned in the said Act, in as far as such restrictions are applicable to any provision other than a contract with the proprietor of a house licensed as aforesaid; and the expenses of making such provision shall be paid out of the same monies or funds, and in the same manner as is provided in the said Act in the case of contract with such proprietors as aforesaid, and it shall be lawful for the guardians and overseers of any union or parish, with the consent of the poor-law commissioners for England and Wales, to contract with any such committee for the use of all or any part of a workhouse as a temporary asylum for pauper lunatics; and during such temporary occupation such workhouse, or the part of it so occupied, shall be subject to the same law as a workhouse taken for the reception of pauper chronic lunatics under the provisions of the said Act.

Sect. 7.-After reciting that by the said Act, provision is made that there may be more than one asylum in a county or borough, and it has been doubted whether a separate committee of justices should be appointed, it is enacted that the true meaning of the said Act is, that there should be a separate committee of justices for every such asylum, having the same powers, and being subject to the provisions of the said Act, as if it were the only asylum: Provided always, that it shall be lawful for the justices of the county or borough, if they think fit, with the approval of one of H. M.'s principal secretaries of state, to appoint the same committee for two or more such asylums. Sect. 8.-All the powers and remedies given by the said Act for recovering money, ordered by justices to be paid by the overseers of any parish, shall extend to the recovery of any money ordered to be paid by overseers under the provisions of the 9 G. 4, c. 40, and which at the time of passing this Act may be due or may hereafter become due.

Sect. 9. The powers given by the said Act to the justices to borrow money towards defraying the expenses of carrying into effect the purposes of the said Act or of any Act thereby repealed, whenever it appears, as therein provided, that such expenses would exceed the several sums of 50007. or 20007. in the several cases therein specified, shall be extended to all cases in which it shall appear to the justices expedient to borrow money towards defraying such expenses, whether or not they exceed such sums, as the case may be ; and such money may be raised in any sums at any rate of interest not exceeding the yearly rate of 5l. per cent.

Sect. 10.-The words "furnishing and completing" the asylum, in the said Act, shall be held to include the purchase of clothing sufficient for opening the said asylum for the reception of patients.

Sect. 11.-This Act shall be construed with and as part of the said Act of the last session of Parliament.

MANDAMUS.

THE 9 A., c. 20, extended by the 11 G. 1, c. 4, & 12 G. 3, c. 21, regulates the proceedings on writs of Mandamus, in regard to corporate offices; and the 1 W. 4, c. 21, extends the provisions of the 9 A. to writs of Mandamus generally; and these two Acts are further amended and extended by the 6 & 7 V., c. 89, see ante, p. 156; and 6 & 7 V., c. 67, see INFRA.

6 & 7 V., c. 67. Writs of Error upon Proceedings on Writs of Mandamus. Sect. 1.-After reciting the 9 A., c. 20, and the 1 W. 4, c. 21, and that in neither of the recited Acts, nor in any other Act, is any power or authority given to the person prosecuting such writ, to demur to the return made to the same, so that the decision of the said courts respectively as to the validity of such return could be reviewed by a court of error: it is enacted, that in all cases in which the person prosecuting any such writ heretofore issued, or hereafter to be issued, wishes to object to the validity of any return already made, or hereafter to be made to the same, he shall do so by way of demurrer to the same, in such manner as is now used in the courts of Q. B., and the Counties Palatine respectively, in personal actions; and thereupon the said writ and return, and the said demurrer, shall be entered upon record in the said courts respectively, and such and the like further proceedings shall be thereupon had as upon a demurrer to pleadings in personal actions; and the said courts shall thereupon adjudge either that the return is valid in law, or not valid in law, or that the writ of mandamus is not valid in law; and if they adjudge that the said writ is valid in law, but that the return thereto is not valid in law, then they shall also by their said judgment award that a peremptory mandamus shall issue in that behalf, and thereupon such peremptory man damus may be sued out accordingly, at any time after four days from the signing of the said judgment; and it shall be lawful for the said courts, and they are hereby required, by their said judgment, to award costs to be paid to the party in whose favour they

decide.

Sect. 2. Whenever any such judgment as is hereinbefore mentioned is given, or whenever issue in fact or in law is joined upon any pleadings in pursuance of the said recited Acts, or either of them, and judgment is given thereon, it shall be lawful for any party to the record in any such cases, who thinks himself aggrieved by such judgment, to sue out a writ of error in such manner as a party to any personal action may now do; and the like proceedings thereupon shall be had, and such costs awarded, as in ordinary cases of writs of error; and if the judgment of such court be reversed, the Court of Error shall thereupon not only reverse the judgment, but in addition thereto shall give the same judgment which the court whose judgment is reversed ought to have given in that behalf; and if by their judgment they award that a peremptory writ of mandamus shall issue, the same may be issued by the proper officer, upon production to him of an office copy of the said judgment of the Court of Error: Provided always, that bail in error to the amount of 50%., or such other sum as may by any rule of practice be appointed, as hereinafter provided, shall be duly put in within four days after the allowance of the said writ of error, and the same shall afterwards be duly perfected according to the practice of the court wherein the said original judgment was given, otherwise the plaintiff in error shall be deemed to have abandoned his writ of error, and the same shall not be further prosecuted.

Sect. 3.-No action, suit, or other proceeding shall be commenced against any person for or by reason of anything done in obedience to any peremptory writ of mandamus issued by any court having authority to issue writs of mandamus.

Sect. 4.-The said courts of error, who are hereby empowered to take cognizance of the matter aforesaid, may make, and they are hereby directed to make, from time to time, and as often as they see occasion, such rules of practice in reference to the said application and the proceedings thereon, and the amount of bail to be taken, as the said courts respectively may deem necessary to effectuate the intention of this Act in relation to the same respectively.

MANUFACTURES.
Synopsis of the Statutes.

MANY statutes have been passed for the prevention of frauds in the manufac ture of different things, as the 17 E. 4, c. 4; 10 G. 3, c. 49; 17 G. 3, c. 42, as to

the making of bricks and tiles, see Dig., Part I., tit. BRICKS; the 10 & 11 W. 3, c. 2; 8 A., c. 6 ; 4 G. 1, c. 7; 7 G. 1, St. 2, c. 12; 36 G. 3, c. 60, relating to the manufacture of buttons, ib. tit. BUTTONS; the 12 G. 2, c. 26, and other statutes as to gold and silver wares, see ante, p. 261; 27 G. 2, c. 7, as to clocks and watches, Dig., Part I., tit. CLOCKS; the 6 G. 3, c. 29, as to the making frame-work knitted pieces or stockings, ib. tit. FRAME-WORK KNITTING; 25 G. 3, c. 56, as to the manufacture of cordage; 46 G. 3, c. 8, as to the manufacture of thread bone-lace; 59 G. 3, c. 7, as to the manufacture of cutlery, ib. tit. CORDAGE, CUTLERY, LACE.

The 8 & 9 W. 3, c. 36; 1 A., St. 2, c. 18; 9 A., c. 30; 12 G. 1, c. 34; 13 G. 2, c. 8; 22 G. 2, c. 27; 17 G. 3, c. 56; 32 G. 3, c. 44, contain several provisions against the frauds committed by artificers in the woollen, linen, cotton, flax, mohair, silk, iron, leather, and hat manufactures, see Dig., Part I., tit. MANUFACTURES; but these statutes are all repealed, except as regards the three last kinds of manufacture, by the 6 & 7 V., c. 40, see INFRA.

The conduct and dealings in other respects, both of the manufacturer and the artificer, have also been regulated by statute; as the 25 E. 3, St. 1, c. 7; 20 G. 2, c. 19, for enforcing the performance of contracts entered into by workmen generally, see Dig., Part I., tit. LABOURERS; Part II., tit. MASTER and SERVANT; the 20 G. 2, c. 19; 27 G. 2, c. 6; 31 G. 2, c. 11; 4 G. 4, c. 34, for the recovery of wages by the workmen, ib. tit. LABOURERS; the 1 & 2 W. 4, c. 36, as to the mode of paying wages by the manufacturer, ib. tit. WAGES; Part II., tit. MASTER and SERVANT; the 5 G. 4, c. 96, provides for the settlement of disputes between masters and workmen, ib. Part I., tit. ARBITRATION, which has been amended and extended by the 8 & 9 V., cc. 77, 128, see INFRA. The 6 G. 4, c. 129, provides against combinations by workmen, ib. tit. COMBINATIONS. As to the Factory Acts, providing for the employment of women and children, see ante, p. 242.

6 & 7 V., c. 40. Amending the Laws for the Prevention of Frauds committed by Persons employed in the Woollen, Worsted, Linen, Cotton, Flax, Mohair, and Silk Manufactures.

Sect. 1.-After reciting the 8 & 9 W. 3, c. 36; 1 A. St. 2, c. 18; 9 A., c. 30; 12 G. 1, c. 34; 13 G. 2, c. 8; 22 G. 2, c. 27; 17 G. 3, c. 56; 32 G. 3, c. 44, it is enacted, that so much of the recited Acts as relate to the woollen, linen, cotton, flax, mohair, and silk manufactures, whether the same be or be not mixed with each other, or with any other materials, shall be repealed; and (Sect. 2) if any person intrusted with any of the materials hereinafter particularised, or with the tools and apparatus for manufac turing the said materials, sell, pawn, purloin, embezzle, secrete, exchange, or otherwise fraudulently dispose of the same, he shall, upon being lawfully convicted thereof, upon the oath of the owner, or any other credible witness, before two or more justices of the peace, forfeit the full value of the same, and also forfeit any sum not exceeding 10%., as to the justices may seem meet; and every such forfeiture shall be applied under the direction of the justices, in the first place in making satisfaction to the injured party, and the remainder to be applied as is hereinafter provided for the disposal of all penalties under this Act; and in default of payment of the forfeiture with costs, immediately on conviction, or within such period as the justices may direct, the said justices may levy the same by distress and sale; and the proceeds of any distress, after paying the forfeiture and costs, and also the costs of such distress, shall be paid over to the person convicted; but if no sufficient distress be found, the said justices may commit the offender to prison, with or without hard labour, for any period not exceeding three months, unless the amount of the forfeiture and costs be sooner paid. Sect. 3.-If any such person neglect to return materials or tools intrusted to him, for the space of fourteen clear days after being required so to do by the party intrusting him therewith, or some person on his behalf, by notice in writing to be served upon him or left at his usual place of abode or business, unless prevented by some reasonable and sufficient cause, to be allowed by the justices before whom he shall be brought, then, and in every such case, all such materials or tools as are not returned shall be deemed to be embezzled, and the person convicted thereof shall be liable to the

« ZurückWeiter »