LUNATICS. 84

We propose to give the statute 16 & 17 Vict. c. 97, and other acts, under the following heads :

I. As to Pauper Lunatics.

II. As to Wandering Lunatics.

III. As to Lunatics not under proper Care or cruelly treated.
IV. As to Appeals against Orders.

V. Removal, Discharge, Escape, &c. of Lunatics.

VI. As to Private Patients.

VII. Duties of Justices as Visitors of Asylums.

VIII. Criminal Lunatics and Insane Prisoners.

I. As to Pauper Lunatics.

(1) Their Apprehension and Removal to Asylum.

c. 97.

Sect. 67.

Information to Justices and Examination of Lunatic.] By 16 & 17 16 & 17 Vict. Vict. c. 97, s. 67, every medical officer of a parish or union, 85 who shall have knowledge that any pauper resident within such parish or in any parish of his district, is or is deemed to be a lunatic, is within three days to give notice thereof in writing to a relieving officer, or if there is no relieving officer, then to one of the overseers of the parish,—and such relieving officer or overseer, who shall have knowledge of such notice or otherwise, that a pauper is a lunatic, is within three days to give notice thereof to a justice of the county or borough within which the parish is situate;—and thereupon the said justice is, by an order [Form, No. 2, p. 831, Oke's "Formulist," 6th ed.], to require such relieving officer or overseer to bring such pauper before him, or some other justice of the same place, within three days from the time of such notice being given to the justice;-and the justice before whom the pauper is brought is to call to his assistance a physician, surgeon, or apothecary, and examine such person;-and if the physician, &c. shall sign a certificate 86 in the Form F., No. 3 [Oke's "Formulist," 6th ed. No. 7, p. 832], and the justice is satisfied upon view or personal examination of the pauper or other proof, that the pauper is a lunatic, and a proper person to be taken

84 The 11 & 12 Vict. c. 43, does not extend to the proceedings under the acts in this title; see Vol. I. p. 129.

85 By 25 & 26 Vict. c. 111, s. 20, a lunatic cannot be detained in a workhouse beyond 14 days unless the medical officer certifies it is proper and the accommodation there is sufficient.

86 16 & 17 Vict. c. 97, s. 75, requires the medical certificate to specify the facts upon which the opinion of insanity has been formed. The signing a false certificate is an indictable misdemeanour (s. 122). By 25 & 26 Vict. c. 111, s. 47, the term "physician,' &c., means a person registered under the Medical Act, 21 & 22 Vict. c. 90.

c. 97.

Sect. 67.

16 & 17 Vict. charge of and detained under care and treatment, he is, by an order according to a form (Schedule F., No. 1 [Oke's “Formulist,” 6th ed. p. 832, No. 7]), to direct such pauper to be received into such asylum or hospital as hereinafter mentioned (see s. 72, p. 1475);-and the relieving officer or overseer is immediately to convey the lunatic to the asylum, &c. 87 By a proviso to the section (67), any justice upon notice being given to him as supra,— or upon his own knowledge without notice,-may examine any pauper deemed to be a lunatic at his own abode or elsewhere, and proceed in all respects as if such pauper were brought before him in pursuance of an order.

Sect. 72.

Examination by Clergyman.] By another proviso to the section (67), in case any pauper deemed to be a lunatic cannot, on account of his health or other cause, be conveniently taken before a justice, he may be examined at his own abode or elsewhere by the officiating clergyman of the parish in which he is resident, together with a relieving officer, or if there be no relieving officer an overseer of the parish; and such officiating clergyman, together with the relieving officer or overseer, may, on a certificate of a physician, &c., make the like order for the removal of the lunatic to an asylum, &c., as the justices may direct.

If Lunatic ill.] If the physician, &c. certify that the lunatic is not in a fit state to be removed, the removal is to be suspended until the physician, &c., or another certify that he is fit to be removed (s. 67).

When Removal compulsory on Justice and Clergyman, &c.—Date of Order.] Sect. 67 further provides, that where the certificate, No. 3, Sched. F., is signed by the medical officer of the parish or union in which the pauper named therein is resident, as well as by some other person being a physician, surgeon or apothecary, called to the assistance of the justice or clergyman, &c., such joint certificate, or such two certificates (as the case may be), is to be received by a justice or clergyman, &c. as conclusive evidence that the person named is a lunatic, and "he or they shall make an order in the form in the Sched. (F., No. 1) accordingly." By 25 & 26 Vict. c. 111, s. 25, the name and address of one or more of the relations of the lunatic are to be inserted in the order whenever it is possible; and by sect. 26, the same order and certificate are to justify detention as a pauper of a private patient, and vice versâ.

To what Asylum to be removed.] By sect. 72, the order for the reception of a lunatic into an asylum may authorize his admission, not

87 The officer not obeying this order is liable to a penalty of not exceeding £10 (16 & 17 Vict. c. 97, s. 71); see Offence 13, Vol. I. p. 552,

title "Lunatics."

only into any lunatic asylum of the county or borough 88 in which 16 & 17 Vict. the parish or place from which the lunatic is sent is situate, but c. 97. also into any other asylum for the reception of pauper lunatics of Sect. 72. such county or borough,—and also into any asylum for any other county or borough, or any hospital registered or house licensed for the reception of lunatics;-but every lunatic shall under every such order be sent to an asylum of the county or borough in which the parish or place from which he is sent is situate, unless there be no such asylum, or there be a deficiency of room, or unless there be some special circumstances by reason whereof such lunatic cannot conveniently be taken to such asylum, which deficiency of room or special circumstances shall be stated in the order for the reception of such lunatic into any asylum other than such asylum as aforesaid, or into any registered hospital or licensed house; and no lunatic shall be sent into any registered hospital or house licensed for the reception of lunatics, by virtue of such order, except there be no such asylum, or no such asylum in which he can be received, or there be some special circumstances by reason whereof he cannot be taken thereto, which shall be stated in like manner as aforesaid. 89

Amendment of Order and Certificate.] Sect. 87 provides that, if the order or medical certificate be found incorrect or defective it may be amended within fourteen days after the reception of the lunatic, with the sanction of the commissioners in lunacy.

(2) Their Settlement-Expenses of Removal-Maintenance.

Expenses of Examination.] By 16 & 17 Vict. c. 97, s. 69, any Sect. 69. justice or justices causing any person to be examined by any physician, &c., may make an order upon the guardians of the union or parish or overseers of the parish to which such person is chargeable 90 for the payment of such reasonable remuneration to

88 For definition of "county," see 26 & 27 Vict. c. 110, and 28 & 29 Vict. c. 80. A "borough," by 16 & 17 Vict. c. 97, s. 132, is to mean every borough, town, and city corporate having a quarter sessions, recorder, and clerk of the peace.

89 By 16 & 17 Vict. c. 97, s. 73, no pauper is to be received without an order in the form required, nor without a medical certificate signed by the physician, who shall have personally examined the lunatic not more than seven days previously to his reception. By sect. 78, pauper lunatics are not to be received into any other than the county or borough asylum without indorsement of order by a visitor; and orders are not compulsory on hospitals or licensed houses, except by contract.

90 By 16 & 17 Vict. c. 97, s. 95, every pauper lunatic is to be chargeable to the parish from which he is sent till otherwise adjudged, and see sect. 118; but 24 & 25 Vict. c. 55, s. 6, in Note 92, p. 1475, makes them chargeable on the common fund. By sect. 100, justices may make an order, although the union or parish be not within their jurisdiction. By sect. 103, guardians and overseers may pay the charges without the orders of justices.

c. 97.

Sect. 69.

16 & 17 Vict. any such physician, &c., for the examination, and of all other reasonable expenses in or about the examination, and the bringing him before such justice or justices, and the conveyance to the asylum, &c. [Form of Order, No. 9, p. 835, Oke's “Formulist," 6th ed.]

Sect. 96.

Sect. 97.

Maintenance.] By sect. 96, the justice by whom any pauper lunatic is sent to an asylum, &c.—or any two justices of the county or borough in which the asylum, &c. is situate,—or from any part of which any pauper lunatic is sent, or any two justices being visitors of such asylum or licensed house, may make an order upon the guardians of the union or parish or the overseers of the parish (if not in a union or under a board of guardians) from which, or at the instance of any officer or officiating clergyman of which such lunatic is or has been sent for confinement for payment to the treasurer, officer or proprietor of the asylum, registered hospital or licensed house, of the reasonable charges of the lodging, maintenance, medicine, clothing and care of such lunatic in such asylum, &c., and any such order may be retrospective or prospective, or partly retrospective and partly prospective. 91 [Form of Order, No. 10, p. 836, Oke's " Formulist," 6th ed.]

Settlement ascertained in a Parish, and Order for Expenses.] By 16 & 17 Vict. c. 97, s. 97, any two justices for the county or borough in which any asylum, &c. in which any pauper lunatic is or has been confined is situate [it not being necessary to inquire by what means the pauper came into the asylum (see Reg. v. Overseers of Faversham, 31 L. J. (N. S.) M. C. 116; 6 Law T., N. S. 415)], or to which such asylum wholly or in part belongs,-or from any part of which any

91 See 16 & 17 Vict. c. 97, s. 101, in Note 92, p. 1475. This section applies not only to paupers who were actually chargeable at the time they were sent to the asylum, but to all other lunatics sent there by an order of justices (see s. 118), and this seems to include wandering lunatics, and lunatics not under proper care or treatment, or who are cruelly treated by their friends. There is no appeal against this order; see Note 97. p. 1483. If the lunatic is a Greenwich or Chelsea pensioner, see 19 & 20 Vict. c. 15. As to pauper lunatics sent from boroughs, 30 & 31 Vict. c. 10, s. 23, enacts "where any pauper lunatic shall be sent to an asylum from any part of a borough wholly or partly comprised within a union, which borough shall not have contributed to the erection or maintenance of that asylum, the visitors of the asylum shall, where the union and the borough are not conterminous, make out two accounts in respect of such lunatic in the asylum, one of which shall be limited to the charge which would be made in the case of a pauper lunatic sent from the county. shall be transmitted to the guardians of the said union for payment, and the other, which shall contain the extra sum by law chargeable in respect of a pauper lunatic received into the same asylum from any other county, shall be transmitted to the town council of such borough, and shall be paid by them as other charges to which the borough fund may be liable.” By 31 & 32 Vict. c. 122, s. 14, the provisions contained in 29 & 30 Vict. c. 106, s. 23, is to apply to pauper lunatics sent to an asylum before the passing of that act as well as since.

and

Sect. 97.

pauper lunatic is or has been sent for confinement, may at any time 16 & 17 Vict. inquire into the last legal settlement of such pauper lunatic, and if c. 97. satisfactory evidence can be obtained as to such settlement in any parish, such justices shall by order adjudge such settlement accordingly, and order the guardians of the union to which the parish in which such lunatic is adjudged to be settled belongs, or of such parish in case such parish be in a union, or be under a board of guardians, and if not, then the overseers of such parish, to pay to the guardians of any union or parish, or the overseers of any parish, all expenses incurred by or on behalf of such union or parish in or abont the examination of such lunatic, and the bringing him before a justice or justices, and his conveyance to the asylum, &c., and of all monies paid by such last-mentioned guardians, &c. to the treasurer, &c. of the asylum, &c. for the lodging, &c. of such lunatic, and incurred within twelve calendar months previous to the date of such order, and if such lunatic is still in confinement, also to pay to the treasurer, &c. of the asylum, &c. the reasonable charges of the future lodging, &c. of such lunatic;—and the guardians, &c. on whom any such order is made shall immediately pay to the guardians or overseers to whom the same are ordered to be paid the amount of the expenses and monies of such order directed to be paid to them, and from time to time pay to the said treasurer, &c. of the asylum, &c. the future charges aforesaid. 92 [Forms of Complaint and Order, Nos. 11, 12, pp. 836, 837, Oke's " Formulist," 6th ed.; see Reg. v. Inhabitants of Crediton, 27 L. J. (N. S.) M. C. 265.]

Settlement not ascertained-Chargeability to County.] By 16 & 17 Sect. 98.

92 By 16 & 17 Vict. c. 97, s. 101, this order for payment of charges of maintenance will extend to any asylum, &c., to which the lunatic may be removed. The costs of pauper lunatics, who are irremovable under 9 & 10 Vict. c. 66, are to be borne by the parish wherein they were exempt from removal or by the common fund in unions (s. 102; see Reg. v. Whitby Union, 39 L. J. (N. S.) M. C. 97); and by 24 & 25 Vict. c. 55, s. 6, the costs of the examination of any lunatic pauper, present or future, his removal and his maintenance, &c., who would, under 16 & 17 Vict. c. 97, be chargeable to a parish in a union, are after 25th March, 1862, to be borne by the common fund of the union comprising such parish (the overseers of the parish in which the settlement of the pauper is adjudged to be having still a right to appeal against the order under 16 & 17 Vict. c. 97, s. 108, post, pp. 1483, 1484, and Note 97, Reg. v. Guardians of Medway Union, 37 L. J. (N. S.) M. C. 100);-and by sect. 7, the guardians of unions may obtain orders on another union or parish, and appeal against orders. [Vide Form of Order, No. 18, p. 847, Oke's "Formulist," 6th ed.] By sect. 137, the party obtaining any order of adjudication of a settlement on a parish is to send a copy thereof and statement of the grounds to the parish affected. [Vide Form, No. 24, p. 852, Oke's "Formulist,' 6th ed.] The statement, if incorrect, is amenable under sect. 112. The sects. 97, 107, do not apply to Gilbert's Unions, and the order should be made on the parish and not the union guardians (Leatham v. Visitors of Bolton-le-Sands, 35 L. J. (N. S.) M. C. 62; 13 L. T., N. S. 218, overruling Reg. v. Inhabitants of Bramley, 31 L. J. (N. S.) M. C. 11).