fore quarter sessions.

48 Geo. III. c. 96.

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.]

Sect. 19., reciting that by 17 Geo. II. c. 5. s. 20., "two 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, shall in the body of the warrant order such lunatic to be 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 lunatics by the 14 Geo. III. c. 49.

natics to be confined in asylum,

licensed.

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 to satisfy the charges of their removal, maintenance, and to asylum pro- cure, such charges shall be paid out of the county rate vided by the county where where such person was apprehended.

be conveyed

such lunatic was apprehended, and maintained at expence of the county.

Where the

Sect. 21. But if the place where the lunatic was appre

place does not hended is not liable to pay county rates, such asylum shall

contribute to

county rate.

not be liable to receive such lunatic, unless such place agrees to unite and contribute to the support of such asylum.

be admitted.

[55 Geo. III. c. 46. s.12., if it appears to a majority of jus- Lunatic pautices being not less than seven in sessions assembled, that pers of other places not the asylum is more than sufficient for the accommodation contributing of the pauper lunatics of the district for which it is estab- to asylum may lished, they may order so many lunatic patients to be admitted as they shall think fit not being pauper, or criminal, or being paupers, but belonging to any other county, parish, or place, not contributing to the expence of such asylum, on the following conditions; viz. 1. There shall be an order signed by one visiting justice to the governor of such asylum. 2. A certificate in writing of a regular practitioner in medicine of the lunacy of such persons. 3. An undertaking by two substantial householders, or the minister and one churchwarden, or one overseer of the place where the lunatic is resident, for the payment of the expences of the maintenance and removal of such lunatic within three days after notice in writing by the governor of such asylum under penalty of 50l.; and a weekly allowance shall be fixed by the visiting justices, which shall not be less than one-third more than the weekly sum paid by parishes within the district contributing to the asylum, for the maintenance of their pauper lunatics, together with any extra charge for clothing and medicine, under the sanction of the visiting justices.]

tion.

Sect. 22. Justices may appoint a committee (1) for the Justices may purpose of treating with the governors, directors, or sub- join any asylum establishscribers to any lunatic asylum established and supported ed by volunby voluntary subscriptions; and such union shall be sub- tary subscripject to the same provisions as where two or more counties unite, so far as the same will apply; but the agreement must be submitted to and approved by a majority of justices at the ensuing quarter sessions.

[By 55 Geo. III. c. 46. s. 3., the majority of such subscribers present at a general meeting to be held annually

(1) Sect. 3, 4. ante, p. 409.

Subscribers to elect a committee of go

vernors, &c.

to act with the committee of visiting justices.

Lunatic to be discharged from asylum by order of majority of visiting justices. Penalty for allowing them

to be at large

otherwise.

Returns to be made of luna

tics to quarter

sessions, in

order to their

discharge.

Expences of discharge.

Lunatics dis

ders of two

in October, due notice in the county newspaper being givent, shall annually elect their committee of governors, directors, or subscribers, to act with the committee of visiting justices appointed on behalf of such county, &c. and shall fill up, at a meeting to be called for that purpose, any vacancy in such committee caused by death or resignation.

*

And by sect. 4. if no such annual election take place, the committee before appointed shall continue to act until the next annual meeting.]

Sect. 23. No lunatic shall quit the asylum until a mas jority of the visiting justices shall order his discharge in writing under hand and seal, and if any officer or servant of such asylum allow any lunatic to quit such asylum, or be at large without such order, he shall forfeit for every such offence not exceeding 107., nor less than 40s., to be re covered by distress and sale, half to the informer, and half for the use of the asylum.

[51 Geo. III. c.79. s. 5., the medical superintendant of every lunatic asylum shall make annual returns of all persons' under his care, by the authority of 48 Geo. III. c. 96. or this act, to the quarter sessions, in order that the court may discharge persons no longer fit to be detained in such lus natic asylum.

Sect. 6. On the discharge of any pauper from such asyfum, the expences of the removal shall be borne by the parish where the pauper is settled, to be paid out of the poor's rate.

By 55 Geo. III. c.46. s.9., two visiting justices, with the charged by or advice and consent of the medical superintendant of such visiting ĵus-lunatic asylum, may discharge from such asylum any lunatic whose perfect recovery is certified by such superintendant.]

tices.

48 G. III. c.96.

Sect. 24. The visiting justices, or any five of them, shall ces to appoint make regulations for the management of the asylum, in

Visiting justi

officers, &c.

which shall be set forth the number and description of servants, their duties and salaries, and they may appoint a treasurer and other officers and assistants as shall be necessary, and may dismiss such servants, &c., and shall fix a weekly rate for the maintenance of each lunatic, not exceeding 14s., and shall audit the accounts of the treasurer annually, and report the same to the next quarter sessions.

To fix a weekly rate for the

support of lunatics.

[By 55 Geo. III. c. 46. s.7., a majority of justices of the Weekly rate increased. county by which any asylum is provided assembled at quarter sessions, being not less than seven, may order any necessary addition to the weekly rate for the maintenance of lunatics.]

Sect. 25. enables the visiting justices to do repairs to the To repair the asylum at the expence of the county or counties for which building. such asylums are established.

Sect. 26. exempts the buildings from house and window Exemption tax, and the land to be purchased for the purposes of this from taxes. act, from any higher rate than at the time of the purchase it was subject to.

Sect. 27. reciting that by 39 & 40 Geo. III. c. 94. s. 1 & 2. lunatic criminals acquitted, but found to be insane at the time of committing the offence, or found insane upon the arraignment or trial, may, by order of the court, be detained in custody during his Majesty's pleasure.

For the maintenance of such persons while in such Lunatic cricustody, provides that two justices may order the parish minals to be maintained by where the lunatic is last settled to pay a weekly sum for the parish the maintenance of such lunatic; and if the settlement does where settled, or by the not appear, then it shall be paid by the treasurer of the county where county where the lunatic was apprehended; and if it appear apprehended. that the lunatic is of sufficient ability, the justices shall order the expences to be paid out of his property, according to the 17 Geo.II. c. 5. (1)

Appeal.

48 Geo.III. c. 96.

Committee of visiting justicesto beelected annually.

Vacancies how filled up.

If no election, old visiting justices to continue to act.

'How meeting may be convened.

An appeal is given to the parish where the lunatic is adjudged to be last settled, subject to the same regulations and restrictions as appeals against other orders of removal, and the clerk of the peace shall be made respondent.

[By 56 Geo.III. c.117. provisions are made for removing to any lunatic asylum, and detaining in custody there, any persons who become lunatics, after conviction, or during the term of their imprisonment or confinement in any gaol, hulk, &c. while under sentence of transportation. (1)]

Sect. 28. The provisions of this act relating to counties shall extend to all ridings, divisions, cities, towns, liberties, and places of exclusive jurisdiction, and the provisions relating to parishes, to vills, townships, and places maintaining their own poor.

By 55 Geo.III. c.46. s. 1., whenever a lunatic asylum shall be erected under the 48 Geo. III. c. 96., the justices of the county or counties annually, at the Michaelmas quarter sessions, or at annual general sessions, may elect a committee of visiting justices to superintend the building and management of such asylum; and in cases of death or resignation, a majority of justices for the county or counties in sessions assembled, but not less than seven, may elect a person to fill such vacancy.

Sect. 2. If the justices shall neglect to make such election, the committee of visiting justices shall continue to act until the next Michaelmas quarter sessions or annual general session.

Sect. 5. Where any committee neglects to adjourn any meeting, or its meeting becomes necessary within the period to which their meeting may have been adjourned, the clerk of such committee may convene a new meeting by

(1) Qu. if the provisions of the 27th section of 48 Geo.III. c. 96. relating to the maintenance of lunatic criminals acquitted, extends also to these cases.