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of such counties; and, by s. 11., the number of visiting
Agreement recorded at quarter sesSlons.
Sect. 5. A duplicate of the agreement for uniting shall be recorded at the next quarter sessions for each county, when the visiting justices shall be appointed to act till the next Michaelmas quarter sessions, when others shall be appointed for the next year, and so on from time to time. (1)
Sect. 6. The visiting justices of every county shall meet
of lands and buildings, and the alteration of any building,
tractor shall give security for performing the contract, and Contracts to the contracts shall be entered and kept with the records of be recorded.
the county, and if two are united, with that which expends
and lands so purchased shall be conveyed to such persons Lands purchas- as the visiting justices shall think fit, and such justices shall ed to whom to from time to time report to the quarter sessions of such be conveyed.
county or countries all their proceedings, and what sums
for the purposes
[55 Geo. III. c. 46. s. 6., when any lunatic asylum has or shall be erected, a major part of the justices of the peace assembled in sessions, such major part not being less than seven, may fix the sums to be expended on the purchase of lands or houses, and in the erection of new or alteration of existing buildings, and the power to make such contracts is taken away from the committee of visiting justices.]
Sums how raised.
Sect. 7. The major part of justices at quarter sessions not being less than seven, shall cause the money necessary for the purposes of this act to be raised in the same manner as county rates by the 12 Geo. II. c. 29., and 13 Geo. II. c.18.
(1) See 55 Geo. III. c. 46. s. 1. post, 418.
Sect. 8. authorizes justices in certain cases of great ex- Money to be penditure to borrow money, upon the credit of the rates borrowed. to be raised upon the county or counties; the securities to be assignable.
By sect. I. the rates shall be charged with a sum for Future rates
charged. the payment of the principal of the money borrowed, equal in amount to the interest paid on such securities, and the Principal how justices shall fix days of payment, and make orders for the paid off. assessment in due time, and shall appoint a person to keep an account of receipts and payments, which accounts shall be inspected every Michaelmas quarter sessions, and in case any person so appointed shall neglect such orders, or shall not duly apply the sums so ordered to be paid by the justices, he shall forfeit double thereof, to be recovered by distress and sale for the use of the asylum ; and the justices giving fourteen days' notice shall cause all the securities to be drawn in open court, by lot, and numbered for payment, and they shall be discharged according to priority.
Sect.10. provides that the sums borrowed shall be paid off within fourteen years.
&c. to convey
Sect. 11. empowers bodies politic, and incapacitated per- Bodies politic, sons by their trustees, &c. to sell and convey for the pur- lands. poses of this act, any houses, lands, &c.
Sect.12. provides that the purchase money exceeding Purchase mo1001. so received on such sales, shall be laid out in pur- plied.
ney how apchase of lands, &c. in fee simple, to be conveyed to the same persons for the same estates, and subject to the same uses, limitations, &c. as the houses, lands, &c. in respect of the sale of which such purchase money shall be paid ; and whether the sum shall or shall not amount to 1001. until such purchase is made, it shall be laid out in government securities, and the interest shall be paid to the persons intitled to the rents and profits of such lands, &c.
Justices not to Sect.13. No justice acting under this act shall have any
be concerned beneficial interest in his own or another's name in any con- in contracts.
tract to be made under this act, or receive any emolument for any plan or design.
Soil, stone, and sand may be taken from waste.
Sect.14. authorizes the visiting justices or any five of them to dig and take any soil, sand, stone, &c. for any building to be erected for the purposes of this act, from any common waste, river, &c. without paying for the same, causing the pits to be filled up, or otherwise fenced.
Visiting justi- Sect.15. Visiting justices may sue and be sued in the ces to sue and be sued in the
name of their clerk, and no action by or against them shall name of their abate by the removal of their clerk, nor be brought without clerk.
the consent of some five of such justices.
Situation of Sect.16. The visiting justices shall fix on a spot for asylum.
building such asylum in an airy and healthy situation, with Separatewards a good supply of water, and with medical assistance at for males and hand, and shall provide separate wards for male and fe
male lunatics, and for convalescents and incurable, and separate day-rooms and airing grounds for male and female convalescents, and dry and airy eells for all lunatics.
Lunatics to be Sect. 17. After due notice given that such asylum is fit conveyed to asylum by
for the reception of lunatics, on application of overseers warrant of justices shall issue warrants to convey any lunatics, charge justices.
able to any parish, within the county or counties, to such asylum ; and shall, at the same time, order such parish to pay a weekly sum to the treasurer of such asylum, to be fixed by the visiting justices, for the maintenance, &c. of such kunatic.
Sect. 18. Overseers neglecting for seven days to apply overseer neglecting to ap- for such warrants shall forfeit, for every such offence, not ply to justices. exceeding rol. nor less than 40s., to be recovered by dis
tress and sale, one moiety to the informer, the other to the use of the asylum.
Adiscretionary [51 Geo. III. c.79. s. 1., reciting the 17th and 18th secpower is given tions, and that it is expedient that justices should have to justices to
a discretionary power in issuing warrants for the ap- refuse their
warrant to prehending lunatic persons, and, particularly, in cases where the number exceeds the means of accommodation, tics to the
asylum, enacts, that upon application of the overseers for a warrant for the apprehending and conveying lunatic paupers to the lunatic asylum, when the lunatic is not dangerous, the justices may refuse such warrant, giving his reasons in writing to such overseer.
Sect. 2. gives an appeal to the next quarter sessions to Appeal. persons aggrieved by such refusal.
Sect. 3. Justices who issue or refuse warrants shall Warrant to be
returned. make returns thereof to the next quarter sessions, stating, in cases where they refuse such warrants, the reasons of such refusal.
Sect. 4. The overseers who make application to the Overseers apjustices for such warrants, shall produce a certificate in plying for warwriting, from some medical person, of the state and de- ducecertificate gree of lunacy of the person, and the justice may cause of medical such lunatic to be examined by such medical person, and the state of
person as to may examine such medical person on oath, touching the lunatic. lunacy of such person, ordering a reasonable sum to be paid to such medical person for his attendance out of the poorrate of the parish.
55 Geo. III. c. 46, s. 8., the justices in petty sessions shall Justices to or
der overseers issue their warrants to the overseers to return a true
to return a list list of all lunatics being paupers within their respec- of all lunatics. tive parishes, specifying their name, sex, and age, and whether such lunatics, be dangerous or not, and for what time they have lost their senses; and the list shall be verified on oath at the petty sessions, and accompanied with the certificate of a medical practitioner as to the state and condition of each lunatic, or dangerous idiot, and on default herein by the overseers they are subject for every such offence to such fine as overseers are, by 33 Geo. III. Penalty. c.55.; the lists shall be transmitted to the clerk of the Lists laid be
fore quarter sessions.
peace to be laid before the next court of quarter sessions or general annual session, and the expences of the examination by the medical person shall be paid out of the poor's rate where the lunatic was last settled, or if such settlement cannot be ascertained, then by the parish where he resides. ]
48 Geo. III.
Sect. 19., reciting that by 17 Geo. II. c.5. s. 20., “ two c. 96.
or more justices may cause dangerous lunatics to be apprehended and locked up' in a secure place, or send them by their warrant to their last settlement, to be there secured; and that the charges of so removing and of keeping, maintaining, and curing such persons shall be satisfied and paid (having been first proved on oath) by order of two or more justices, directing the churchwardens and overseers to sell so much of the goods and chattels, and receive so much of the rents of the lands and tenements of such persons, and to account for what is so received or sold to the next quarter sessions; and if the estate be not more than sufficient to maintain the family of such person, the charges shall be satisfied by the parish, &c. where such person belongs, by order of two justices to the churchwardens and overseers thereof;
enacts, that where any asylum is erected under this act for that district, Dangerous lu- the justice apprehending any lunatic under the recited act, natics to be
shall in the body of the warrant order such lunatic to be confined in asylum, confined in such asylum and not elsewhere, and if there be
no such asylum, then he shall order such lunatic to be or house duly confined in any house duly licensed for the reception of licensed.
lunatics by the 14 Geo. III. c. 49.
Lunatics, if no
Sect. 20. When the last settlement of lunatics so appresettlement can hended cannot be ascertained, and they have no estate be found, to be conveyed
to satisfy the charges of their removal, maintenance, and to asylum pro- cure, such charges shall be paid out of the county rate county where where such person was apprehended. such lunatic was apprehended, and maintained at expence of the county. Where the Sect. 21. But if the place where the lunatic was appreplace does not hended is not,liable to pay county rates, such asylum shall county rate.