c. 97. Sect. 68.

parish,-who shall have knowledge that any person in such parish 16 & 17 Vict. or place not a pauper, and not wandering at large within such parish or place, is deemed to be a lunatic, and is not under proper care and control, or is cruelly treated or neglected by any relative or other person having the care or charge of him,-shall, within three days after obtaining such knowledge, give information thereof upon oath [Form, No. 5, Oke's "Formulist," 6th edit. p. 832] to a justice,—and in case it be made to appear to any justice upon such information,or upon the information upon oath of any person whomsoever,—that any person within the limits of his jurisdiction not a pauper, and not wandering at large, is deemed to be a lunatic, and is not under proper care and control, or is cruelly treated or neglected by any relative or other person having the care or charge of him,—such justice shall either himself visit and examine such person, and make inquiry into the matters so appearing upon such information or by an order [Form, No. 5, Oke's" Formulist," 6th edit. p. 832] authorize some physician, &c. to visit and examine such person, and make such inquiry, and to report in writing to such justice his opinion thereupon;--and in case upon such personal visit, examination and inquiry such justice, or upon the report of such physician, it appear to such justice that such person is a lunatic, &c., the justices by an order [Form, No. 6, Oke's "Formulist,” 6th edit. p. 832] may require any constable of the parish or place, or any relieving officer or overseer of the parish where such person is alleged to be, to bring him before any two justices of the same county or borough ;-and the justices before whom any such person is brought shall call to their assistance a physician, &c., and shall examine such person, and make such inquiry relative to such person as they shall deem necessary;—and if upon examination of such person or other proof, . . . such two justices be satisfied that such person so brought before them is a lunatic, and is not under proper care and control or is cruelly treated or neglected by any person having the care or charge of him, and that he is a proper person to be taken charge of and detained under care and treatment,— and if such physician, &c. sign a certificate according to the form in Schedule F., No. 3 [Oke's " Formulist," 6th edit. p. 832, No. 7], the said justices by an order [Form, No. 7, Oke's "Formulist,” 6th edit. p. 832], may direct such person to be received into such asylum, hospital registered or house licensed [as mentioned, ante, p. 1472]:-and the constable, relieving officer or overseer who may have brought such person before the justices,-or any constable whom such justices may require so to do,-is forthwith to convey the lunatic to the asylum, &c. The provisions of sect. 68, as to the examination of the lunatic at his own abode, for the suspension of the order, and the relative taking charge of the lunatic, set out ante, pp. 1479, 1483, as to wandaring lunatics, are equally applicable

0.8.

VOL. II.

50

16 & 17 Vict. here, except that in this case the matters there required to be done by one justice must be done by two justices.

c. 97.

Sect. 68.

Sect. 104.

Sect. 94.

To what Asylum to be removed.] Same as sect. 72, ante, p. 1472. Amendment of Order and Certificate.] Same as sect. 87, ante, p. 1473.

(2) Costs of Maintenance, &c. out of Lunatic's Property. Justices may authorize Sale of Estate, &c.] 16 & 17 Vict. c. 97, s. 104, ante, p. 1477, is not applicable to these, but sect. 94, infra, is. Liability of Relations.] See sect. 105, ante, p. 1478; and see tit. "Poor," post, as to "Maintenance of Relations."

Application to Relative or Friend for Payment.] By sect. 94, "where any lunatic shall be sent to any asylum, registered hospital or licensed house, under any order made by virtue of the authority herein before given to two justices, 96 if it appear to such justices that such lunatic hath an estate applicable to his maintenance, and more than sufficient to maintain his family (if any), it shall be lawful for such justices to make an application in writing under their hands and seals [Form, No. 19, Oke's "Formulist,” 6th ed. pp. 848] to the nearest known relative or friend of such lunatic, for the payment of the charges of the examination, removal, lodging, maintenance, clothing, medicine and care of such lunatic ;—and in case such charges be not paid within month after such application, it shall be lawful for the same or any other justices, by an order under their hands and seals [Form, No. 20, Oke's "Formulist," 6th ed. p. 849], to direct a relieving officer or overseer of the parish from which such lunatic shall be sent, or where any property of such lunatic shall be, to seize so much of the money, and to seize and sell so much of the goods and chattels, and take and receive so much of the rents and profits of the lands and tenements of such lunatic, and of any other income of such lunatic, as may be necessary to pay the charges of the examination, removal, lodging, maintenance, clothing, medicine, and care of such lunatic, accounting for the same to the same or any other justices, such charges having been first proved to the satisfaction of the said justices, and the amount set forth in such order;--and if any trustee or other person having the possession, custody or charge of any property of such lunatic, or if the governor and company of the Bank of England, or any other body or person having in their or his hands any stock, interest, dividend, or annuity belonging or due to such lunatic, pay the whole or any part thereof to any overseer or relieving officer to defray the charges set forth in such order, the receipt of such overseer or relieving officer shall be a

96 This section is not applicable to the case of a lunatic who is a pauper or wandering at large.

good discharge to such trustee, governor and company, or other 16 & 17 Vict. body or persons as aforesaid."

Expenses of Examination to be paid by Guardians, &c., until repaid.] By a proviso to this section (s. 94), "notwithstanding it may appear to the said justices that such lunatic hath such estate as aforesaid, it shall be lawful for such justices in the meantime and until such charges as aforesaid shall be paid in pursuance of such application or order as aforesaid, to make an order on the guardians of the union or parish, or the overseers of the parish, from which such lunatic shall be sent for confinement, for payment of the charges of removal, lodging, maintenance, clothing, medicine, and care of such lunatic;-and such guardians or overseers shall be reimbursed such charges, under any order to be mads as aforesaid for payment of such charges, out of the property of the lunatic, unless the same be sooner repaid by some relative or friend of such lunatic in pursuance of such application as aforesaid."

IV. As to Appeals against Orders.

c. 97. Sect. 94.

For Refusal of an Order.] Any person aggrieved by any refusal Sect. 106. of an order of any justice or justices as aforesaid may appeal to the

next general or quarter sessions, on giving fourteen days' notice

(16 & 17 Vict. c. 97, s. 106).

Against Order adjudicating Settlement.] See sect. 107, and other

provisions in Note 92, ante, p. 1475, and cases thereon. The Sect. 108. guardians of any union or parish, or the overseers of any parish, aggrieved by any order adjudicating the settlement of any lunatic, may appeal against the same to the next general quarter sessions of the peace for the county in behalf of which such order has been obtained,-or in which the parish or union obtaining such order is situate, or in case such parish or union extend into several jurisdictions, then to the sessions for the county or borough in which the asylum, &c., in which such lunatic is or has been confined is situate (s. 108). 97 [Forms of Notice, &c., Oke's “Formulist,” 6th ed. p. 852.]

97 This clause does not give the right to appeal by a county upon whom an order is made under sect. 98, ante, p. 1475. In Reg. v. Justices of West Riding of Yorkshire (Halifax v. Leeds), 26 L. J. (N. Š.) M. C. 41, it was held that the guardians of the union as well as the overseers have a right of appeal under this section, and this is not affected by 24 & 25 Vict. c. 55, 88. 6, 7, in Note 92, ante, p. 1475 (Reg. v. Guardians of Medway Union, 37 L. J. (N. S.) M. C. 100); but it does not give to guardians or overseers from which lunatic sent a right of appeal against order for maintenance under sect. 96, ante, p. 1475 (Reg. v. Recorder of Northampton, 34 L. J. (N. S.) N. C. 198; 13 Law T., N. S. 199). As to the sessions for hearing appeal, Reg. v. Justices of Warwickshire (28 L. J. (N. S.) M. C. 249; 33 L. T. 201), decided that in the case of a lunatic confined in an asylum in a borough having a separate court of quarter sessions, sent there by a parish situate wholly within the borough by justices thereof,

16 & 17 Vict. c. 97.

Sect. 77.

Sect. 79.

Sect. 80.

Various other provisions are contained in the 16 & 17 Vict. c. 97, viz.-copy of depositions to be furnished by the justices' clerk on application (s. 109);—no appeal, if notice not given within a certain time after notice of order (s. 110);-grounds of appeal to be stated (s. 111);-as to the sufficiency of statement of grounds of adjudication or appeal; power to amend statement (s. 112);-power for court to amend order on account of omission or mistake (s. 113);— party making frivolous or vexatious statements of grounds liable to pay costs (s. 114);-party losing appeal to pay such costs as court may direct (s. 115);-decisions of courts upon hearing appeals to be final (s. 116);-abandonment of orders before or after notice of appeal (s. 117; Form, Oke's "Formulist," 6th ed. p. 853, No. 26);-guardians and officers interested in appeals to have access to the lunatic to examine him (s. 119).

Appeal against other Orders.] See sect. 128, Note 247, Vol. I. pp. 551, 552.

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

Removal.] By 16 & 17 Vict. c. 97, s. 77, any two of the visitors of any asylum, being justices, may direct the removal of a pauper lunatic to the asylum of a county or borough, from any other asylum, hospital or licensed house,- -or may order his removal from the county or borough asylum to any other asylum, hospital or licensed house. 98 [Forms of Order, Nos. 22, 23, Oke's "Formulist," 6th ed. p. 851.] The commissioners in lunacy have the like power (s. 82). The order already made for the charges of the maintenance in the first asylum is equally applicable in respect of the like charges in the latter asylum (s. 101). The removal will be borne by the parish, county, &c. to which the lunatic is chargeable (s. 120).

expenses

of

Discharge.] By sect. 79, any three visitors of an asylum may order the discharge of any person detained therein, whether he be recovered or not;-and any two visitors, with the advice in writing of the medical officer, may discharge any person detained therein, or permit him to be absent from the asylum upon trial. By sect. 80, when the visitors order a pauper lunatic to be removed,

the appeal was to the county and not to the borough sessions; and it is the same where the order is obtained by a union consisting of parishes partly in a borough which was wholly in one county but had separate quarter sessions, and partly of parishes in the county at large (Reg. v. Justices of Kent, 35 L. J. (N. S.) M. C. 201; 14 L. T., N. S. 331).

98 This section is restricted by sect. 78, which provides that pauper lunatics are not to be received into any other than the county or borough asylum without indorsement of the order by a visitor. But 18 & 19 Viet. c. 105, s. 8, extends the sect. 77 of 16 & 17 Vict c. 97 (subject to s. 78), so as to authorize the removal of a lunatic from and to a registered hospital or licensed house, as well as a county or borough asylum.

they may, if they see occasion, send a notice of their intention to 16 & 17 Vict. the overseers of the parish of his settlement, or, if the settlement c. 97.

be not adjudged, to the overseers of the parish from which he was

sent,- —or to the relieving officer of the union if he be chargeable to the union fund;-and upon receipt of such notice, such overseers or relieving officer shall remove the pauper to their parish, or to the workhouse of the union, at the expense of such parish or union, under a penalty of not exceeding £10,-the expense of such discharge and removal being borne by the parish, &c. to which the lunatic is chargeable (s. 120). By sect. 81, the committee of Sect. 120. visitors of an asylum may discharge a pauper lunatic confined Sect. 81. therein, upon the application of a relative or friend, such relative or friend giving an undertaking, to the satisfaction of such visitors, that such lunatic shall no longer be chargeable to any union, parish, or county, and shall be properly taken care of, and be prevented from doing injury to himself or others.

Escape.] By sect. 88, the person duly received into any asylum, Sect. 88. &c., may be detained therein until he be removed or discharged as authorized by the act, and in case of escape may be retaken at any time within fourteen days after his escape-99 by the superintendent or proprietor of such asylum, &c.,-or any officer or servant belonging thereto, or any other person authorized in writing in this behalf by such superintendent or proprietor,—and conveyed to and received and detained in such asylum, &c.

VI. As to Private Patients.

A private patient is to mean every patient who is not a pauper (8 & 9 Vict. c. 100, s. 114).

Reception in Hospital, &c.] One justice or clergyman and relieving officer may, on the certificate of two physicians, &c., order the removal of a person (not a pauper) into a licensed house or hospital (16 & 17 Vict. c. 96, s. 4; Form of Order, No. 8, p. 834, Oke's "Formulist," 6th ed.); but if the examination of two physicians, &c. cannot be obtained, he may be admitted on one, the other certificate being obtained within three days after reception (s. 5; and see 25 & 26 Vict. c. 111, ss. 23-25). A relative may also make a request for the reception of a lunatic into a public asylum, on the certificate of two physicians (see 16 & 17 Vict. c. 97, ss. 74, 76). Discharge or Removal.] The person who signed the order may order the removal or discharge of the patient from an asylum (16 & 17 Vict. c. 97, ss. 83, 84). A similar provision is contained in sect. 86, as to the removal of a licensed house or registered hospital (and see 16 & 17 Vict. c. 96, s. 20).

99 After this time the lunatic can only be taken back to the asylum, &c. by an order of a justice, as in the first instance.