16 & 17 Vict. c. 97. 1 & 2 Vict. c. 14. VII. Duties of Justices as Visitors of Asylums. The powers of justices of the peace as visitors of asylums may be concisely stated to be— With respect to public lunatic asylums, they are elected annually by the justices at the Epiphany sessions (16 & 17 Vict. c. 97, ss. 22, 23, 24). With respect to private asylums, &c., three or more justices to be appointed at Michaelmas sessions in every year, to act as visitors of every or any house or houses licensed for the reception of lunatics, with the exception of those within the jurisdiction of the commissioners in lunacy (8 & 9 Vict. c. 100, s. 14), who are to take an oath (Id. s. 17). As to the appointment of their clerk, see sections 21, 22. Two at least of visitors to visit every licensed house within their jurisdiction four times a year at the least in the daytime (s. 18), or in the night (s. 71; and see 25 & 26 Vict. c. 111, s. 29). They may regulate the dietary of pauper lunatics in such houses, &c. (Id. s. 82). They may allow the friends of patients, or medical men employed by them, to visit them (Id. s. 85); may make special visits to a patient in a house licensed by justices, and, if they think fit, order him to be discharged (Id. ss. 77, 79, 80). They may order the removal of pauper lunatics to or from an asylum, &c. (see s. 77 of 16 & 17 Vict. c. 97, ante, p. 1484), and likewise their discharge (ss. 79 and 81, ante, p. 1485). They may make orders for the costs of maintenance, &c. of a pauper lunatic upon guardians or overseers (Id. s. 96, ante, p. 1474); also for reimbursing to the county of such costs where the settlement parish is subsequently ascertained (s. 99, ante, p. 1476); also the order to sell lunatic's effects (s. 104, ante, p. 1477); and the recovery of all costs and expenses (s. 121, ante, p. 1478). VIII. Criminal Lunatics and Insane Prisoners.100 Criminal Lunatics.] By 1 & 2 Vict. c. 14, s. 2, if any person shall be discovered and apprehended under circumstances that 100 By 16 & 17 Vict. c. 97, s. 133, none of its provisions are to affect the acts of 1 & 2 Vict. c. 14, 3 & 4 Vict. c. 54, and 39 & 40 Geo. 3, c. 94, as to criminal lunatics. The provisions of 16 & 17 Vict. c. 97, s. 102, in Note 92, ante, p. 1475, as to irremovable pauper lunatics, are not affected by this enactment, and an order on the parish in which they were settled is good notwithstanding the 9 & 10 Vict. c. 66 (Reg. v. Bishopwearmouth, 23 J. P. 100). The 23 & 24 Vict. c. 75, makes provision for the custody and care of criminal lunatics in some asylum to be appointed by her Majesty for the purpose, sect. 10 of that act providing for the expenses of conveying the lunatic to the latter asylum and his maintenance therein. 30 Vict. c. 12, s. 6, provides for his removal from the criminal lunatic asylum to a county asylum on the expiration of his sentence, by an order of the secretary of state. That provision applies to criminal lunatics denote a derangement of mind and a purpose of committing some 1 & 2 Vict. crime, for which, if committed, he would be liable to be indicted, c. 14. two justices of the county, &c. may call to their assistance a medical man, and if person deemed insane, or a dangerous idiot, they may order him to be conveyed to an asylum, hospital or licensed house, or liberated if not insane (s. 3). Justices to inquire into his settlement, and make order on parish for maintenance; if settlement cannot be ascertained, then upon the treasurer of the county (s. 2). The settlement can be inquired into at any time, and is not limited ⚫ to the time of making the order by which the lunatic was conveyed to the asylum, even if irremovable, 100 but no order can be made on the county for the expenses until the justices have inquired into, or failed to ascertain, the place of settlement (Reg. v. Clerk of Peace of W. R. Yorkshire 20 L. J. (N. S.) M. C. 18). [Forms of Orders, Nos. 27-29, pp. 854, 855, Oke's “ Formulist," 6th ed.] Appeal lies to the sessions in like manner as against any order of removal (see s. 2). The time for appealing is regulated by 11 & 12 Vict. c. 31, s. 9; see tit. "Poor," post. c. 29. Insane Prisoners.] By 27 & 28 Vict. c. 29, s. 2 (s. 1 having re- 3 & 4 Vict. pealed 3 & 4 Vict, c. 54, s. 1), "If any person while imprisoned in c. 54; any prison or other place of confinement-under any sentence of 27 & 28 Vict. transportation, penal servitude, or imprisonment, or under a charge of any offence, or for not finding bail for good behaviour or to keep the peace, or to answer a criminal charge, or in consequence of any summary conviction or order by any justice or justices of the peace, or under any other than civil process,-shall appear to be insane, it shall be lawful, if such person is confined in a prison to which visiting justices are appointed, for two or more of the visiting justices of such prison,‚—or if such person is in any other place of confinement, for two or more justices of the peace of the county, city, borough or place in which such place of confinement is situate,--and such visiting or other justices are hereby required to call to their assistance two physicians or surgeons, or one physician and one surgeon, duly registered as such respectively under the provisions of an act 21 & 22 Vict. c. 90, and to be selected by them for that purpose, and to inquire with their aid as to the insanity of such person; and if it shall be duly certified by such justices or any two of them, and such physicians or surgeons, or such physician and surgeon, that such person is insane, one of her Majesty's principal secretaries of state may, upon receipt of such certificate, if he shall think fit, direct by warrant under his hand that such person shall be removed to such lunatic asylum or other proper receptacle for insane persons as the said secretary of state may whose terms of punishment expired before the passing of the 30 Vict, e. 12 (see 32 & 33 Vict. c. 78, s. 2). 3 & 4 Vict. c. 54; c. 29. 3 & 4 Vict. c. 54, s. 2. judge proper and appoint;-and if at any time it shall be made to appear to one of her Majesty's principal secretaries of state that 27 & 28 Vict. there is good reason to believe that any prisoner in confinement under sentence of death is then insane, either by means of a certificate in writing to that effect in the form given in Schedule A. transmitted to him by two or more of the visiting justices of the prison in which such prisoner under sentence of death is confined, or by any other means whatsoever, such secretary of state shall appoint two or more physicians or surgeons, duly registered as aforesaid, to inquire as to the insanity of such prisoner; and if on such inquiry the prisoner shall be found to be then insane, the fact shall be certified in writing by such persons to the said secretary of state, and on the receipt of such certificate the said secretary of state shall direct by warrant under his hand that such prisoner shall be removed to such lunatic asylum or other proper receptacle for insane prisoners as aforesaid;—and every person so removed under this act, or already removed and in custody under any former act relating to insane prisoners not under civil process, shall remain in confinement in such asylum or other proper receptacle as aforesaid, or in any other lunatic asylum or other proper receptacle to which such person may be removed by any like warrant which the secretary of state is hereby empowered to issue, if he shall think fit, until it shall be duly certified to the said secretary of state by two physicians or surgeons, or one physician and one surgeon, duly registered as aforesaid, that such person is sane, and upon the receipt of such last-mentioned certificate the said secretary of state is hereby authorized to issue a warrant under his hand directing, if the period of imprisonment or custody of such person shall have expired, that he or she shall be discharged, or if such person shall still remain subject to be continued in custody, that he or she shall be removed to any prison or other place of confinement in which he or she may be lawfully confined, to undergo his sentence of death or other sentence, or, if not under sentence, to be dealt with according to law as if no such warrant for his removal to a lunatic asylum had been issued ;-provided, that nothing in this act contained shall be construed to repeal the thirty-eighth section of the act 16 & 17 Vict. c. 96." [This gives the secretary of state power te remove or discharge any insane person if two physicians or surgeons certify he is harmless.] [Form, No. 30, p. 855, Oke's “Formulist," 6th ed.] By 3 & 4 Vict. c. 54, s. 2, justices are to inquire into the settlement of such prisoner, and make an order on the parish for his maintenance, even if irremovable, but in unions the maintenance is to be borne by the common fund (27 & 28 Vict. c. 29, s. 5; see the case of Guardians of Bradford Union v. Clerk of Peace for Wilts, 37 L. J. (N. S.) M. C. 129). When settlement not found, order to be made on c. 54; c. 29. treasurer of county, and in case the person is possessed of property 3 & 4 Vict. it shall be applied by justices' order towards the expenses (3 & 4 Vict. c. 54, s. 2). [Forms, Nos. 31, 32, pp. 856, 857, Oke's Formulist," 6th ed.] See In re Simpson, 20 L. J. (N. S.) M. C. 231. There is appeal against orders of justices under the 3 & 4 Vict. c. 54, ss, 4, 5; but not by overseers (27 & 28 Vict. c. 29, s. 6). By 3 & 4 Vict. c. 54, s. 3, where persons charged with misdemeanors are acquitted on the ground of insanity, the like powers as in sect. 2, for two justices to inquire into settlement and make orders for maintenance are given. MANUFACTURES. c. 128. Wages of Silk Weavers.] By 8 & 9 Vict. c. 128, s. 7, the wages 8 & 9 Vict. and sums due for work from any silk manufacturer may be recovered before two or more justices; and the manufacturer is also to be fined for neglecting payment, unless he gives notice of his intention to have such work arbitrated. Forms, p. 857, Oke's “Formulist,” 6th ed.] Vide tit. "Master and Servant," p. 1490, as to arbitration, 5 Geo. 4, c. 96, ss. 9, 24. A weaver does not forfeit his wages (under a rule of a mill which provided that unless notice is given of absence from work the wages were to be forfeited) by continuing absent longer than the period he had mentioned (Taylor v. Carr, 30 L. J. (N. S.) M. C. 201; 4 Law T., N. S. 414); nor is the ticket of work void by a condition annexed thereto, by which the price is made to vary according to the quickness with which the work is done and returned to the master (Seddon v. Cocker, 25 J.P. 196). Wages of Workmen in Hosiery Trades.] By 6 & 7 Vict. c. 40, 6 & 7 Vict. s. 17, wages and sums due for work may be recovered before two or c. 40. more justices.101 the Bone and Thread-Lace Manufacturers.] By 19 Geo. 3, c. 49, s. 1, 19 Geo. 3, wages are recoverable before a justice, against whose order an appeal is given by sect. 3. Arbitration.] See tit. "Master and Servant," infra. MARKETS AND FAIRS.102 c. 49. "The Markets and Fairs Clauses Act, 1847," 10 & 11 Vict. c. 14, 10 & 11 Vict. the extent of which is shown in Note 287, Vol. I. p. 569, provides c. 14. for various matters being heard and determined befores justices, viz.: The mode of determining questions of compensation with regard 101 "The Master and Servant Act, 1867," 30 & 31 Vict. c. 141, does not affect the mode of recovery of wages under this enactment, as it does not apply at all to default in paying wages. See Note 118. 102 The local board, under "The Local Government Act, 1858," may execute the powers of this act (21 & 22 Vict. c. 98, s. 50). 10 & 11 Vict. to lands purchased or taken is to be the same as under the 8 & 9 Vict. c. 18 (tit. "Lands Clauses Act," ante p. 1446), s. 6. c. 14. 5 Geo. 4, c. 96; 1 Vict. c. 67. 30 & 31 Vict. c. 105. 17 & 18 Vict. c. 104. Correction of errors and omissions in schedule to special act, by two justices (s. 7). One justice may order carcases of cattle unfit for human food to be destroyed or otherwise disposed of (s. 20). Two justices may grant a certificate of the market place or place for a fair or slaughter-house being completed and fit for public use (s. 32). Disputes respecting stallage, rent or toll may be determined by a justice, and the amount levied by distress (s. 39). Damages, &c. to be determined and recovered under the 8 & 9 Vict. c. 20 (s. 52). See tit. "Railways," post. MASTER AND SERVANT. See "Employers and Workmen." Arbitration between Masters and Workmen.] Under the 5 Geo. 4, c. 96, a justice where the party complained against resides, who is not a master, manufacturer, or agent, may nominate referees in certain disputes between the masters and workmen in any trade or manufacture, as to the work or price, &c., or decide the dispute himself, and also enforce the award made by distress and imprisonment in default. The 30 & 31 Vict. c. 141, is not to affect this act (s. 18); but awards under the 30 & 31 Vict. c. 105, infra, are enforceable under the 5 Geo. 4, c. 96 (s. 4). For the provisions of the acts in the margin and the necessary forms given in the 5 Geo. 4, c. 96, see 5 Burn's Jus. 29th ed. pp. 914, 922, 939–941; Oke's Formulist," 6th ed. Nos. 7-16, pp. 860-864. 103 Enforcing Awards under Councils of Conciliation, Act, 1867.] By 30 & 31 Vict. c. 105, "to establish equitable councils of conciliation to adjust differences between masters and workmen" (which came Geo. 4, into operation on the 2nd July, 1867), the powers of the c. 96, 1 Vict. c. 67, 8 & 9 Vict. c. 77, and 8 & 9 Vict. c. 128, for enforcing awards made therein, is extended to the enforcing of awards made by and under the authority of such equitable councils of conciliation, i. e., by application to any justice of the county, riding, division, city, town or place within which the parties shall reside (s. 4). [Forms, given in the schedule to the act, Nos. 17-21, Oke's "Formulist," 6th edit. pp. 864, 865.] MERCHANT SHIPPING. 105 Recovery from Owner of Ship of Expenses of sending Sick Seamen to Hospital.] By "The Merchant Shipping Act, 1854," 17 & 18 103 Tide a form of agreement between farmer and labourer, and one used in the gun trade, Öke's “ Formulist," 6th ed. pp. 858, 859. |