1

England and Wales, assembled at general quarter sessions,

or any adjournment of the same, may direct notice to be Notice necesgiven in some public newspaper, circulated in or near such sary in order to provide one. county, of their intention to take into consideration, at their next general quarter or general annual sessions, the expediency of providing a lunatic asylum within the said county, or of appointing a committee of magistrates to Counties may treat with any one or more of the adjacent counties to unite for that purpose.

unite.

Sect. 2. And, at such next sessions as aforesaid, a ma- Justices may jority of such justices, but not less than seven, may deter- determine to build a lunatic mine that a lunatic asylum for the county shall be erected, asylum for the and may nominate any number of visiting justices to super- county. intend the building and management thereof, who shall Visiting jusreport, from time to time, their proceedings to the quarter sessions. (1)

tices.

Sect. 3. Where the justices of any two or more adjacent Committee apcounties determine to unite in erecting such asylum, they counties unite. pointed where shall respectively appoint a committee, not exceeding five,

Sect. 4. It having been determined that two or more Counties unitcounties shall unite, the respective committees shall sign ing how to an agreement, in the form given by the act, which shall proceed. specify the place for the building, and the proportion of Proportion of expences to be borne by each county, to be calculated expence. according to the population, as stated in the returns to the

41 Geo.III. c.15.; the agreement shall also specify the num- Visiting jusber of visiting justices to be appointed by each county, to tices. superintend the building, &c., which number shall be in proportion to the expences borne by such county, but shall not be less than three for each.

[And by 55 Geo, III. c. 46. s.10., the population is to be taken according to the last returns made before the union

(1) See 55 Geo. III. c. 46. s. 1, 2. post, 418.

Agreement recorded at quarter ses

sions.

Visiting justices to contract for building asylum.

of such counties; and, by s.11., the number of visiting justices, where districts of distinct jurisdiction unite with counties, shall be in proportion to the population.]

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 within two calendar months and appoint a clerk and surveyor, and receive plans and estimates, and contract for the purchase of lands and buildings, and the alteration of any building, or for building a lunatic asylum at the most reasonable prices, and with the most responsible persons; and the contractor shall give security for performing the contract, and the contracts shall be entered and kept with the records of the county, and if two are united, with that which expends most money, for the purpose of inspection; and all buildings 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 are necessary for the purposes aforesaid.

Contracts to be recorded.

Sums how

raised.

[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.]

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.

borrowed.

Sect. 8. authorizes justices in certain cases of great ex- Money to be penditure to borrow money, upon the credit of the rates to be raised upon the county or counties; the securities to be assignable.

Future rates charged.

By sect.9. the rates shall be charged with a sum for 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.

Sect. 11. empowers bodies politic, and incapacitated persons by their trustees, &c. to sell and convey for the purposes of this act, any houses, lands, &c.

ney how

plied.

ap

Sect.12. provides that the purchase money exceeding Purchase mo100%. so received on such sales, shall be laid out in purchase 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 100%. 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.

Sect.13. No justice acting under this act shall have any beneficial interest in his own or another's name in any con

Justices not to

be concerned

in contracts.

Soil, stone, and sand may be taken from waste.

Visiting justi

ces to sue and

be sued in the

tract to be made under this act, or receive any emolument for any plan or design.

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.

Sect.15. Visiting justices may 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 the consent of some five of such justices.

clerk.

Situation of asylum.

for males and

Sect.16. The visiting justices shall fix on a spot for building such asylum in an airy and healthy situation, with Separatewards a good supply of water, and with medical assistance at females. hand, and shall provide separate wards for male and female lunatics, and for convalescents and incurable, and separate day-rooms and airing grounds for male and female convalescents, and dry and airy cells for all lunatics.

Lunatics to be conveyed to asylum by warrant of justices.

Penalty on

overseer ne

Sect. 17. After due notice given that such asylum is fit for the reception of lunatics, on application of overseers justices shall issue warrants to convey any lunatics, chargeable 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 lunatic.

Sect. 18. Overseers neglecting for seven days to apply glecting to ap- for such warrants shall forfeit, for every such offence, not ply to justices. exceeding 10l. nor less than 40s., to be recovered by distress 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

warrant to

convey luna

a discretionary power in issuing warrants for the ap- refuse their 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.

plying for warducecertificate

rants to pro

of medical

person as to

Sect. 4. The overseers who make application to the Overseers apjustices for such warrants, shall produce a certificate in writing, from some medical person, of the state and degree of lunacy of the person, and the justice may cause such lunatic to be examined by such medical person, and the state of 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.

Justices to or

der overseers to return a list of all lunatics.

55 Geo. III. c.46, s. 8., the justices in petty sessions shall issue their warrants to the overseers to return a true list of all lunatics being paupers within their respective 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