tered hospital or licensed house, to be removed to such first mentioned asylum, shall be extended so as to authorise such visitors to order any pauper lunatic chargeable to any parish or union within any county or borough, or to any county for the reception of the pauper lunatics whereof into such firstmentioned asylum there is a subsisting contract, and who may be confined as aforesaid, to be removed to such first-mentioned asylum, and also to order any such pauper lunatic as hereinbefore mentioned to be removed from such first-mentioned asylum to any asylum, registered hospital or licensed house, subject nevertheless to the restriction contained in section 78 of the Lunatic Asylums Act, 1853. 282. [§ 9. Powers of commissioners and visitors to continue applicable to a house which has been licensed after expiration of licence, while any patients are therein.] 283. [§ 10. Contracts under forty-second section of Lunatic Asylums Act, 1853, may be renewed.] 284. [§ 11. Provision for burial for pauper lunatics.] 285. [§ 12. Power to enter into agreements with cemetery company or burial board.] 286. [§ 13. Committee of visitors may convey land for burial ground for lunatics, etc., dying in the asylum.] 287. [§ 14. Pauper lunatics whose settlements cannot be ascertained, where found in a borough which does not contribute to the county expenditure, to be chargeable to such borough.] 288. [§ 15. Seals of commissioners, visitors and justices to orders, etc., dispensed with.] § 16. Vict, ch. 100, 289. So much of section six of the said Act of the sixteenth and seventeenth of her majesty, chapter ninetyPart of 18 & 19 six as requires such assent as therein mentioned § 6, repealed. of two of the commissioners not to be given until after such commissioners have by personal examination of the patient satisfied themselves of his desire to remain shall be repealed. 290. [§ 17. Consent of committee of management of any hos pital sufficient to authorise a patient being sent to any place for health.] 291. If after the lapse of two months from the expiration of licence for the use of any house for the recep tion of any i lunatic after licence a mis revocation of demeanor. tion of lunatics which has not been renewed, or if, after the revocation of any such licence, there be in any such house two or more lunatics, every person keeping such house, or having the care or charge of such lunatics, shall be guilty of a misdemeanor. ACT TO AMEND THE LUNACY ACT, CHAP. 97. 19 & 20 Vict., ch. 87, Chitty, vol. 3, p. 200. § 1. Two justices of committee to be members to provide asylum. 292. Where a committee is or shall hereafter be appointed to provide an asylum for any county under the Lunatic Asylums Act, 1853, the recorder of every borough now or hereafter annexed to such county for the purposes of the said Act shall, at the general or quarter sessions next after such appointment as aforesaid, or where such committee has been already appointed, shall at the general or quarter sessions next after the passing of this Act, appoint two justices of such borough to be members of such committee. CUSTODY AND CARE OF CRIMINAL LUNATICS. 23 & 24 Vict., ch. 75; Chitty, vol. 3, p. 200. $1. Asylum for 293. It shall be lawful for her majesty from time to time, by warrant under her royal sign manual, to appoint that any asylum or place in England which her majesty Am may, have caused to be provided or appropriated, lunatics. and may deem suitable for this purpose, shall be an asylum for criminal lunatics, and the provisions of this Act shall be applicable to every such asylum. $2. Commitment of criminal lunatics to asylum. 294. It shall be lawful for one of her majesty's principal secretaries of state, by warrant under his hand, to direct to be conveyed to and kept in any such asylum any person for whose safe custody during her pleasure her majesty is authorised to give order, or whom such secretary of state might direct to be removed to a lunatic asylum under any of the Acts hereinbefore mentioned, or under any other Act of parliament, or any person sentenced or ordered to be kept in penal servitude, who may be shown to the satisfaction of the secretary of state to be insane, or to be unfit from imbecility of mind for penal discipline; and the secretary of state may direct to be removed to and kept in such asylum any such persons as aforesaid, who, under any previous order of her majesty or warrant of the secretary of state, may have been placed and remain in any county lunatic asylum, or other place of reception of lunatics, and every person directed by the secretary of state to be conveyed or removed to and kept in an asylum under this Act, shall be conveyed to such asylum accordingly, and shall be kept therein until lawfully removed or discharged, and with every person so conveyed or removed there shall be transmitted a certificate, as set forth in schedule (A), to this Act annexed, duly filled up and authenticated, the contents of which certificate shall be transcribed into the general register to be kept in every such asylum. § 4. Council of supervision and officers appointed by sec'y of state. 295. [§ 3. Nothing to affect the authority of the crown to make other provision for the custody of a criminal lunatic.] 296. It shall be lawful for the secretary of state from time to time to appoint any such persons as he may think fit, being not less than three in number to be a council of supervision for any asylum under this Act, and to remove all or any of the said council, and upon the removal, death or resignation of any member of the said council to appoint another in his place; and also from time to time to appoint for the asylum a resident medical superintendent, a chaplain, and such other officers, assistants and servants as he may deem necessary, and at pleasure to remove such superintendent, chaplain, officers, assistants and servants respectively: and the secretary of state, with the approval of the commissioners of her majesty's treasury, shall fix the salaries to be paid to the superintendent, chaplain, officers, assistants and servants of such asylum. $5. 297. It shall be lawful for the secretary of state from time to time to make rules for the government and manage to make for the gov Secy of statement of the asylum, and for the duties and conduct of the officers thereof, and for the care and treatment of the persons confined therein, and to subscribe a ernment of the asylum. certificate that they are fit to be enforced and that such rules, when so certified, shall be binding on the council, and all officers, assistants and servants of the asylum, and all other persons whomsoever, and all such rules shall be laid before parliament within twenty-one days after they shall be certified, or if parliament be not sitting then within twenty-one days after the next meeting of parliament. Subject to council to su asylum. 298. Subject to the rules certified by the secretary of state under this Act, the council of supervision shall su- §6 perintend and direct the management and conduct such rules, of the asylum, and the care and treatment of the perintend lunatics confined therein; and such council or any two of them shall from time to time, as by the rules shall be provided, and at such other times as they may think fit, report in writing to the secretary of state in relation to the management and conduct of the said asylum and the condition thereof, and to any matters concerning the same; and if any person detained and confined as aforesaid shall be of a religious persuasion differing from that of the established church, a minister of such persuasion at the special request of such person or of his friends or relations shall be allowed to visit him at proper and reasonable times by application to the medical superintendent, and under such rules as may be approved of by the secretary of state, but no such person shall be compelled to attend any of the ordinances or instructions of any religious persuasion other than his own. Removal and lunatics. 299. The provisions of the Acts herein before mentioned, or of any other Act for the removal or discharge of $7. lunatics whom the said secretary of state is, under discharge of the hereinbefore mentioned Acts or any other Act now in force, authorised to direct to be removed to any lunatic asylum, shall extend and apply to any lunatic whom the secretary of state may direct to be conveyed to any asylum for criminal lunatics appointed under this Act; Provided always, that any order for removal or discharge which may now be made by the secretary of state on the certificate of two physicians or surgeons may be made on the certificate of the resident medical superintendent of the asylum and any two of the council of supervision. 300. [§ 8. Repealed, see 30 Vict., ch. 12, § 6, infra.] 301. Provided also, that it shall be lawful for the secre $9. Temporary absence of lunatic. § 10. Expenses of conveyance and maintenance. tary of state by his warrant to permit any person confined in the asylum to be absent from such asylum upon trial for such period as he may think fit, or to permit any such person to be absent from such asylum upon such conditions in all respects as to the secretary of state shall seem fit, and in case any person so permitted to be absent upon trial for any period do not return at the expiration of such period, or in case any of the conditions on which any person is so permitted to be absent be broken, the person not returning at such expiration or absent after such condition has been broken, as the case may be, may be retaken as herein provided in the case of an escape.* 302. All provisions in the said Act of the third and fourth years of her majesty for the payment of the conveyance of such insane persons as therein mentioned to any asylum or other receptacle, and of his maintenance therein, shall extend and be applicable to the conveyance of any such person to any asylum for criminal lunatics, and his maintenance therein, and all sums payable under any order made under such provisions shall be paid and applied towards defraying or reimbursing the expenses in respect of which the same are paid, or other expenses of the asylum, as the commissioners of her majesty's treasury may direct.† 303. In case of escape of any person confined in any asylum for criminal lunatics, he may be retaken at any time ceedings. by the superintendent of such asylum or any officer or servant belonging thereto, or any person assisting such superintendent, officer or servant in this behalf, or any other person authorised in writing in this behalf by the secretary of state or such superintendent, and conveyed to and received and detained in such asylum. § 11. Escape, pro § 12. Penalty for 304. Any person who rescues any person ordered to be conveyed to any asylum for criminal lunatics during rescue or per- the time of his conveyance thereto or of his confinement therein, and any officer or servant in any asylum for criminal lunatics who through wilful neglect or mitting es cape. * See 30 Vict., ch. 12, 4. † See 30 Vict., ch. 12, % 4. |
