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private patients.

appear that he is entitled to be classified as a pri- pauper and vate patient; and the order and certificates required by law for the detention of a patient as a private patient shall authorise his detention, although it may afterwards appear that he ought to be classified as a pauper patient.

Provisions for

357. Where any medical certificate upon which a patient has been received into any asylum, registered hos- $ 27. pital, licensed or other house, or either of such cer- defective certificates, is deemed by the commissioners incorrect ticates. or defective, and the same are or is not duly amended to their satisfaction within fourteen days after the reception by the superintendent or proprietor of such asylum, registered hospital, or licensed or other house of a direction or writing from the commissioners requiring amendment of the same, the commissioners or any two of them may, if they see fit, make an order for the patient's discharge.

$28.

Transmission

of documents

to commission

ers upon ad

mission of pa

tients.

358. The documents required by the Lunacy Act, chapter one hundred, sections fifty-two and ninety, and the Lunacy Act, chapter ninety-seven, section eighty-nine, to be sent to the commissioners in lunacy, after two clear days, and before the expiration of seven clear days from the day on which any private patient has been received into any licensed house, registered hospital, or asylum, shall, with the exception of the statement now required to be subjoined to the notice of admission into any asylum, hospital, or licensed house, be transmitted to the commissioners within one clear day from the day on which any patient has been received into any such house, hospital, or asylum as aforesaid, and the said sections shall, so far as relates to the said documents, other than the said statement, be construed as if the words, "one clear day" were substituted therein for the words "after two clear days, and before the expiration of seven clear days;" nevertheless the said excepted statement shall be transmitted as heretofore, save that it shall be separate from the said notice, and shall refer to the order of admission by the date thereof, instead of referring to it as the above notice, and the words referring to the said statement as being subjoined shall be omitted in the said notice.

359. Every licensed house may be visited at any time, and,

29.

Visits by commissioners.

if situate within their immediate jurisdiction, shall be visited twice at least in every year by any one or more of the commissioners, in addition to the visits now required to be made by two at least of the commissioners; and if not within the immediate jurisdiction of the commissioners, may be visited at any time, and shall be visited twice at least in every year by one or more of the visitors, in addition to the visits now required to be made by two at least of the visitors. Every commissioner visiting alone shall have the same powers as two commissioners would have under section sixty-one of the Lunacy Act, chapter one hundred; and all the provisions of the said Act contained in sections sixty-three, sixty-four, sixty-five, sixty-six, and sixty-seven shall apply to a commissioner or visitor visiting alone as the case may be, in the same manner as they would apply under the same Act to two or more commissioners or two or more visitors visiting together.

$ 30.

Single com

visit asylums

and jails.

360. Any one or more of the commissioners may at any time visit every asylum and hospital for lunatics, missioner may and every gaol in which there may be, or alleged to be, any lunatic, in addition to the visits now required or empowered to be made by two at least of the commissioners, and every commissioner so visiting alone shall have the same powers as two or more commissioners would perform and have, in the case of an asylum or gaol, in pursuance of the one hundred and tenth section of the Lunacy Act, chapter one hundred, and in the case of a hospital, in pursuance of section sixty-one of the Lunacy Act, chapter one hundred.

$ 31.

Power to re

from work

house to asylum.

361. Where upon the visitation of any workhouse by any two or more of the commissioners in lunacy it move lunatic appears to them that any lunatic or alleged lunatic therein is not a proper person to be kept in a workhouse, they may by an order under their hands direct such lunatics to be received into an asylum, and any order so made shall have the same effect, and be obeyed by the same persons, and subject them to the same penalties in case of disobedience, as an order made by a justice for the reception of a lunatic into an asylum under the sixty-seventh section of the Lunacy Act, chapter ninety-seven: Provided

Removal of

always, that it shall be lawful for the guardians of the union or parish to which any workhouse belongs to appeal against such order at any time within one calendar month from the making thereof to her majesty's principal secretary of state for the home department, who shall thereupon exercise the power given to him by section one hundred and thirteen of the Lunacy Act, chapter one hundred, save that he shall not appoint thereunder the commissioners who made the order appealed against, or either of them; and the order in the matter of the secretary of state, made upon the report of the special visitation, shall be binding on all parties concerned. 362. Any two or more of the commissioners in lunacy may visit any pauper lunatic or alleged lunatic not in an §32. asylum, hospital, licensed house, or workhouse, and single patients. may, if they think fit so to do, call to their assistance a physician, surgeon, or apothecary, and examine such pauper; and if such physician, surgeon, or apothecary, sign a certificate with respect to such pauper, according to the form and schedule. (F), No. 3, annexed to the Lunacy Act, chapter ninety-seven, and the commissioners are satisfied that such pauper is a lunatic, and a proper person to be taken charge of and detained under care and treatment, they may, by an order under their hands, direct such lunatic or alleged lunatic to be received into an asylum, and any order so made shall have the same effect, and be obeyed by the same persons, and subject them to the same penalties in case of disobedience, as an order made by a justice for the reception of a lunatic into an asylum under the sixty-seventh section of the Lunacy Act, chapter ninety-seven.

$33.
Effect of order
for removal.

363. The order made by any two or more of the commissioners in lunacy in pursuance of this Act may authorise the admission of a lunatic not only into any asylum of the county or borough in which the parish or place from which the lunatic is sent is situate, but also into any other asylum for the reception of pauper lunatics of 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, under the same circumstances and subject to the same conditions under which an order of the justice or justices may authorise such admission in pur

suance of section seventy-two of the Lunacy Act, chapter ninety-seven.

§ 34. Statement of condition of

pauper lunatics.

364. The superintendent of every asylum shall, once at least in each half year, transmit to the guardians of every union, and of every parish under a board of guardians, and the overseers of every parish not in a union nor under a board of guardians, a statement of the condition of every pauper lunatic chargeable to such union or parish.

365. The inquiries authorised to be made under section

$ 35. Amendment to 8 & 9 Vict., ch. 100, § 64.

sixty-four of the Lunacy Act, chapter one hundred, or under section ninety-two of the same Act, and the provisions amending the same, may include inquiries as to the moneys paid to the superintendent or proprietor on account of any lunatic under the care of such superintendent or proprietor.

§ 36.

Copies of

missioners

366. The proprietor of every licensed house within the jurisdiction of visitors appointed by justices shall, entries of com- within three days after a visit by the visiting comand visitors. missioners or commissioner, transmit a true and perfect copy of the entries made by them or him in the visitors' book, the patients' book and the medical visitation book respectively, distinguising the entries in the several books, to the clerk of the visitors as well as to the commissioners, and the copies so transmitted to the clerk of the visitors of all such entries in the visitors' book relating to any such licensed house, and made since the grant or last renewal of the licence thereof, shall be laid before the justices on taking into consideration the renewal of the licence to the house to which such entries relate; and every such proprietor as aforesaid who shall omit to transmit as herein before mentioned a true and perfect copy of every or any such entry as aforesaid shall for every such omission forfeit a sum not exceeding ten pounds. 367. The visiting committee of every union, and of every parish under a board of guardians, and the overseers mittee to enter of every parish not in a union nor under a board of guardians, shall once at least in each quarter of a year enter in a book to be provided and kept by the master of the workhouse such observations as they may think fit to make respecting the dietary, accommodation, and treatment of the lu

§ 37

Visiting com

observations

in a book.

natics or alleged lunatics for the time being in the workhouse of their union or parish, and the book containing the observations made in pursuance of this section by the visiting guardians or overseers shall be laid by the master before the commissioner or commissioners on his or their next visit.

sence

asylums.

368. Section eighty-six of the Lunacy Act, chapter one hundred, and section seventeen of the Act eighteenth and nineteenth Victoria, chapter one hundred Temporary ab and five, shall extend to authorise the proprietor or superintendent of any licensed house or hospital, with such consent, and to be given on such approval as thereby required, to permit any patient to be absent from such hospital or house upon trial for such a period as may be thought fit:

Two of the commissioners, as regards any hospital or licensed house, and two of the committee of governors of any hospital, and two of the visitors of any licensed house, as regards any licensed house within the jurisdiction of visitors, may of their own authority permit any pauper patient therein to be absent from such hospital or house upon trial for such period as they may think fit, and may make or order to be made an allowance to such pauper not exceeding what would be the charge* for him in such hospital or house, which allowance shall be charged for him and be payable as if he were actually in such hospital or house, but shall be paid over to him, or for his benefit, as the said commissioners or visitors may direct:

In case any person so allowed to be absent on trial for any period do not return at the expiration thereof, and a medical certificate as to his state of mind certifying that his detention. as a lunatic is no longer necessary be not sent the proprietor or superintendent of such licensed house or hospital, he may at any time within fourteen days after the expiration of the same period be retaken as in the case of an escape.

conniving at escape.

369. If any officer or servant in any hospital or licensed house through wilful neglect or connivance permits any patient to escape from such hospital or licensed Penalty for house, or secretes or abets or connives at the escape of any patient from such hospital or licensed house, he shall, for every such offence incur a penalty not exceeding twenty pounds.

370. Every letter written by a private patient in any asy

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