No. IV. 2 & 3 W. 4, c. 107. SCHEDULE (N.) FORM of SUMMONS. WE whose names are hereunto set and seals affixed [commissioners or visitors] appointed under and by virtue of an act of parliament made and passed in the second and third year of the reign of his present Majesty, intituled "An Act for regulating for Three Years, and from thence until the end of the then next Session of Parliament, the Care and Treatment of Insane Persons in England," do hereby summon and require you personally to appear before us at in the parish of on of next, the in the in the county of day of at the hour noon of the same day, and then and there to be examined, and testify the truth touching certain matters relating to the execution of the said act. lunatico in quirendo to be addressed to any one or [No. V. 3 & 4 W. IV. c. 36.-An Act to diminish the Inconvenience and Expence of Commissions in the Nature of Writs De lunatico inquirendo; and to provide for the better Care and Treatment of Idiots, Lunatics, and Persons of unsound Mind, found such by Inquisition. [24th July 1833.] WHEREAS great inconvenience and expence have been experienced from the practice of directing or addressing commissions in the nature of writs de lunatico inquirendo to three or more persons therein named as commissioners: And whereas doubts have arisen whether such commissions can be directed or addressed to one such commisThe lord chan- sioner only: Be it therefore enacted, &c. That it shall and may be lawcellor or lord ful to and for the lord chancellor, or the lord keeper or commissioners of keeper may the great seal of Great Britain, or other the person or persons for the cause commis- time being intrusted by virtue of the king's sign manual with the care sions in the na- and commitment of the custody of the persons and estates of persons ture of writs de found idiot, lunatic, or of unsound mind, (in case he or they shall deem it advisable,) to cause any commission in the nature of a writ de lunatico inquirendo to be directed or addressed to any one or more person or persons, who shall make inquisition thereon, and return the same more persons, into the high court of chancery, and who for that purposes hall have the who shall have same power to issue precepts to the sheriff to summon a jury, and to sufficient power compel the attendance of witnesses, and the production or attendance of to make inqui- the alleged lunatic, idot, or person of unsound mind, and all other the powers hitherto possessed by the the three or more commissioners in such commissions named; and such inquisition shall be good and valid to all intents and purposes as if the said commission in the nature of a writ de lunatico inquirendo had been directed or addressed to, and the The lord chan- said inquisition returned by, three or more commissioners, as heretofore. II. And whereas it is expedient, for the better care and treatment of point visitors to idots, lunatics, and persons of unsound mind, found such by inquisition, that proper and fit persons should be appointed to superintend, and from time to time report to the lord chancellor, or other the person or persons intrusted as aforesaid, the care and treatment and state of every such idiot, lunatic, and person of unsound mind; be it further enacted, That it shall and may be lawful for the lord chancellor, or other the per sition therein. cellor may ap superintend, and report to him upon the care and treatment of idiots, &c. No. V. c. 36. son or persons intrusted as aforesaid, by an instrument under his hand and seal or their hands and seals, to appoint three persons, two of whom 3 & 4 W. 4, shall be physicians, and one a barrister of not less than five years' standing, to be visitors, during pleasure, for superintending, inspecting, and reporting upon, under the order and direction of the lord chancellor or other the person or persons intrusted as aforesaid, the care and treatment of all persons found idiot, lunatic, or of unsound mind, by inquisition, and to make all such orders and regulations as to the duties of such visitors as the lord chancellor, or other the person or persons intrusted as aforesaid, shall from time to time think fit, and to allow such visitors such salaries, not to exceed five hundred pounds per annum to each of the medical visitors, and three hundred pounds per annum to the other visitor, for their trouble, and also such allowances for travelling expences, as such lord chancellor, or other the person or persons intrusted as aforesaid, shall think reasonable. III. That each of such persons so found idiot, lunatic, or of unsound Persons found mind as aforesaid shall be visited at the least once in each year by one idiot, &c. to be of such medical visitors, and oftener if the same shall be deemed expe- visited at least dient by the lord chancellor, or other the person or persons intrusted as once in each aforesaid. year. IV. That within a fit and convenient time after each such visitation Visitors to such visitors shall respectively make a report in writing to the lord report to the chancellor, or other the person or persons intrusted as aforesaid, of the lord chanstate of mind and bodily health, and of the general condition, and also cellor, &c. on of the care and treatment of each such person so found idiot, lunatic, or care and treatof unsound mind who shall have been visited by him as aforesaid; ment of idiots, which said reports shall be duly filed and kept secret in the office of &c. such visitors, and shall be open to the inspection of no person whatsoever, save and except the said visitors, their secretary, and the lord chancellor, or other the person or persons intrusted as aforesaid, or such other person or persons as the lord chancellor, or other person or persons intrusted as aforesaid, shall specially appoint: Provided always, that all such reports, so far as the same relate to any particular patient, shall be cancelled and destroyed on the decease of each such patient, and shall also be cancelled and destroyed on the supersedeas of his or her commission, unless the lord chancellor, or other the person or persons intrusted as aforesaid, shall deem it fit and expedient that the same shall not be cancelled or destroyed until his or her death. V. That as often as any of the visitors to be appointed as aforesaid In case of shall die or be removed, or refuse to act, or become unable, by illness or death, &c. of otherwise, to act, it shall and may be lawful for the lord chancellor, or visitors, the other the person or persons intrusted as aforesaid, by an instrument lord chancellor under his hand and seal or their hands and seals, to appoint a visitor in may appoint the room of every visitor who shall die or be removed, or refuse or become unable to act. others. VI. That no person shall be appointed visitor as aforesaid who shall Persons inbe, or shall have been within the two years then next preceding, directly terested in or indirectly interested in the keeping any house licensed for the recep- houses licensed tion of insane persons; and if any person shall after his appointment for the recepbecome so interested, and continue to act as such visitor, his appoint- tion of insane ment as visitor shall thenceforth become null and void, and it shall not persons not to be lawful for him to act as such visitor. act as visitors. VII. That the lord chancellor, or other the person or persons in- A secretary to trusted as aforesaid, is and are hereby empowered, by an instrument such visitors under his hand and seal or their hands and seals, to appoint, during may be appleasure, a fit person to be secretary to such visitors, and for the pur- pointed. poses of this act, and to allow such person such salary for his trouble, not exceeding three hundred pounds per annum, and also to allow such further sum or sums of money, not exceeding three hundred pounds per annum, for providing and maintaining suitable offices for the said visitors and secretary, and for the general expences of carrying into execution the purposes of this act, as such lord chancellor, or other the person or persons intrusted as aforesaid, shall think reasonable. No. V. 3 & 4 W. 4, c. 36. VIII. That in order to raise a fund for the payment of the said salaries and expences, and for the other incidental expences of this act, it shall be lawful for the lord chancellor, or other the person or persons intrusted as aforesaid, to raise such fund by a per-centage on the clear A fund for pay- annual incomes of the persons found idiots, lunatics, or of unsound ment of salaries mind by inquisition as aforesaid, such per-centage not to exceed one and and expences a half pounds per cent. on such clear annual incomes, and to order the to be raised by same, by general order, to be paid by the committees or receiver; or a per-centage other the person or persons for the time being in receipt of the income on the income of the respective estates of the said idiots, lunatics, and persons of unsound mind, into the bank of England, in the name and with the privity of the accountant general of the court of chancery, to an account to be opened and entitled "The account of the board of visitors for the better care and treatment of lunatics." of the idiots, &c. Committees, &c. to pay such per centage into the bank, upon receiving notice. Masters of the court of chancery to certify the amount of income of idiots, &c. Payments out of the fund to be by checks signed by the lord chancellor. Accounts to be audited yearly, and filed. IX. That the said committees and receivers or other the person or persons aforesaid shall respectively pay out of the funds in their hands, the said per-centage so ordered to be paid as aforesaid on the sums certified by the masters of the court of chancery to be the amounts of the claer annual incomes as herein-after mentioned, into the bank of England in the name of the accountant general, to the said account so to be opened and entitled as aforesaid, within one calendar month after receiving a notice in writing from the said secretary to the said visitors, setting forth the amount of the sums so certified as the sums to be paid by such committees and receivers or other person or persons as aforesaid, and shall be allowed the same in passing their accounts. X. And for the better estimating the amounts of the said clear annual incomes, and collecting the said per-centage thereon; be it further enacted, That the masters of the said court of chancery shall, within two calendar months from the passing of this act, in all matters of lunacy referred to them, wherein a committee or committees shall have been then appointed, and within two calendar months after the appointment of committees, or within twelve calendar months after the date of the inquisition in all other cases, respectively ascertain and certify to the lord chancellor, or other the person or persons intrusted as aforesaid, the respective amounts of the clear annual incomes of the persons so found idiots, lunatics, or of unsound mind as aforesaid; and in case any alteration shall afterwards take place, the said several masters shall respectively certify the same to the lord chancellor, or other the person or persons intrusted as aforesaid, within two calendar months after such alteration shall have been made known to them; and for the purpose of enabling the said masters to ascertain and certify the amounts of such clear annual incomes, it shall and may be lawful for the said masters to summon the committees and receivers or other the person or persons for the time being in receipt of the income of the respective estates of the said idiots, lunatics, and persons of unsound mind, to attend them to give them all the information in their power, and also to produce all books, papers, accounts, and documents in their possession or power relating to the incomes or estates of such idiots, lunatics, and persons of unsound mind. XI. That no sum of money required for the purposes of this act shall be paid by the said accountant general out of the said fund so paid into the bank of England as aforesaid, except upon checks or drafts payable to the bearer, and signed by the lord chancellor, or other person or persons intrusted as aforesaid; and that no fee shall be charged or taken upon, for, or in respect of such payments or any of them. XII. That the account of monies received and paid under and by virtue of this act shall once in every year be made out by the said secre tary, and audited and signed by such one of the said masters of the said court of chancery as the lord chancellor, or other the person or persons intrusted as aforesaid, shall appoint for that purpose, and shall afterwards be filed in the office of the secretary of lunatics; and that no fee shall be charged or taken upon, for, or in respect of such account being so audited or filed. [No. VI.] 3 & 4 W. IV. c. 64.-An Act to amend an Act of reign of his present Majesty, intituled An Act for regulating for 2 & 3 W. 4, Three Years, and from thence until the End of the then next Session of c. 107. Parliament, the Care and Treatment of Insane Persons in England: And whereas it is expedient that some of the provisions of the said act should be amended: Be it therefore enacted, &c. That whensoever the justices Notice of meetin session shall, under the provisions of the said recited act, appoint a ings of visitors time and place for the visitors to meet for the purpose of executing the to be as private duties imposed on them by the said act, every such appointment shall as possible. be made as privately as may be, and in such manner that no proprietor or resident superintendent of any house to be visited shall at any time have notice of the day or time appointed for the visitation of such house. II. That the clerk of the metropolitan commissioners in lunacy shall Clerk of metropreserve every notice and copy of order and medical certificate trans- politan commissioners and mitted to him when any patient is received into any house licensed clerks of the under the said act, and also every notice of death, removal, or discharge of any patient or patients transmitted to him under the said recited act peace to preor this act, and that every clerk of the peace shall also preserve every all orders, cerserve a copy of duplicate copy of order and medical certificate and notice transmitted to tificates, and him in every such case as aforesaid; and that each of them the said notices. clerk of the said commissioners and clerk of the peace shall at all times within five clear days next after he shall receive every such notice or copy of order and medical certificate as aforesaid, enter in a register to be provided for that purpose the christian and surname of the insane person to whom such notice or copy shall relate, and also of the persons by whose order and upon whose medical certificate or certificates such insane person shall be confined, and the house in which such insane person shall be confined, according to the form directed by the said act; and if the said clerk of the said commissioners and clerk of the peace, or Penalty for either of them, shall omit or neglect any thing by them or him herein- neglect, 51. before directed to be done, then each of them so offending shall for every such omission or neglect forfeit and pay, on conviction before any one of his Majesty's justices of the peace, the sum of five pounds. missioners. III. That whenever any patient confined in any house licensed under Notice of the said recited act shall be removed or discharged therefrom, or shall deaths or redie therein, the proprietor or resident superintendent of such house movals of pashall, within two clear days next after such removal, discharge, or death, tients to be transmit a written notice thereof, and (in case the patient so dying shall transmitted to be a parish pauper patient, then) also a copy of the statement of the clerk of metrocause of his or her death, in the said act directed to be made, certified Politan comand according to the forms respectively prescribed by the said act, or as near thereto as may be, to the said clerk of the said commissioners, if the house wherein the patient shall then have died, or from which he shall have been removed or discharged, shall have been licensed by the said commissioners, but if such house shall have been licensed by the justices in session, then such proprietor or resident superintendent shall transmit one such notice to the clerk of the commissioners, and one other such notice to the clerk of the peace. IV. That all copies of orders and medical certificates, and notices of All copies of admissions, and also of removals and deaths, which have been trans- orders, certifimitted to the clerk of the metropolitan commissioners or to any clerk of cates, &c. the peace since the eleventh day of August one thousand eight hundred which have and thirty-two under the said recited act, and which have not been re been trans mitted to the No. VI.' c. 64. gistered by the said clerk of the metropolitan commissioners or the said 3 & 4 W. 4, clerk of the peace, as the case may be, shall be registered forthwith by the said clerk of the metropolitan commissioners or clerk of the peace, as the case may require, in the same manner as in this act is provided for the registry of orders, medical certificates, and notices of admissions, removals, and deaths, hereafter to be transmitted to the said clerk of the metropolitan commissioners and clerk of the peace respectively. clerk of the metropolitan shall be regis commissioners, tered. Notices of V. That where any insane person shall, since the eleventh day of August one thousand eight hundred and thirty-two, have died in or been removed from any house licensed under the said act, and the proprietor deaths or reor resident superintendent thereof shall not have transmitted notice of movals, &c. since August such death or removal, with a copy of the statement of the causes of 1832, if not death in every case where the insane person so dying shall have been a already trans- parish pauper patient, to the clerk of the metropolitan commissioners, mitted shall be and also, in case such house shall have been licensed by the justices in forthwith trans- sessions, to the clerk of the peace, then and in every such case such mitted to clerk proprietor or resident or superintendent shall forthwith transmit every such of metropolitan notice and copy of statement so omitted to be sent or transmitted to the commissioners. clerk of the metropolitan commissioners or clerk of the peace, or to the clerk of the metropolitan commissioners and clerk of the peace, as the case may require. in the duties of his office. Commissioners, VI. That every metropolitan commissioner appointed or to be apbeing practising pointed under the said recited act, being a practising barrister, shall be barristers, to be allowed and paid for the time he shall be employed in executing the paid for the duties of his office after the same rate, and in the same manner, and out time employed of the same fund or funds, as by the said act is provided concerning the payment or allowance of commissioners being physicians: Provided always, That not more than two of the said commissioners at any one time shall be capable of receiving such payment or allowance; and if more than two of such commissioners shall be practising barristers, such payment or allowance shall be made to such two of such barristers as the lord chancellor or the lord keeper or commissioner of the great seal of Great Britain, or other the person or persons for the time being intrusted by virtue of the king's sign manual with the care and commitment of the custody of the persons and estates of persons found idiot, lunatic, or of unsound mind, shall direct. Proprietors, this act to be deemed guilty of a misdemeanor. Prosecutions to be carried on VII. That every proprietor and resident superintendent of any house &c. neglecting licensed under the said recited act who shall knowingly and wilfully to comply with neglect to transmit any notice, copy of order, medical certificate, or statement by this act required to be by him transmitted, shall be deemed guilty of a misdemeanor; and that all complaints, informations, and prosecutions of and for offences against this act shall be made and prosecuted, and all fines, penalties, or forfeitures shall be recovered, levied, and applied, by such persons and in such and the same manner respectively as in the said recited act is provided respectively concerning the offences against the said act, and the fines, penalties, and forfeitures thereby imposed; and every provision whatsoever in the said recited act contained concerning actions and suits commenced and brought against any person for any thing done in pursuance of the said act shall be applicable and applied to all actions and suits which shall be commenced or brought against any person for any thing done in pursuance of this act, as if the same provisions were here repeated and applied to the said last-mentioned actions and suits. and penalties recovered in the same manner as under recited act. Construction of words. VIII. That the provisions in the said recited act contained concerning the meaning and construction of words and phrases in the said recited act shall extend and be applied to the like words and phrases in this act. |
