for pauper lunatics, and which under any previous Act now contributes to such asylum, shall, for the purposes hereinbefore mentioned, be considered as having an asylum for the pauper lunatics of the said borough:

Any such borough, upon notice, may separate itself from the county in respect of this asylum] Provided always, that it shall be lawful for any such borough at any time hereafter, upon giving six calendar months notice in writing, under the hand of the town clerk, in pursuance of a resolution of the council of such borough, to the clerk of the peace of the county, to separate itself, so far as it relates to the establishment of a lunatic asylum for such county and the maintenance of lunatics therein, from the county in which such borough may be situated, and from and after the expiration of such notice such borough shall, for the purposes of this Act, be deemed a borough not having an asylum for the pauper lunatics thereof;

But shall pay the contributions until the patients are withdrawn] Provided also, that from and after the expiration of such notice, and until the withdrawal from such county asylum of all the lunatics from or belonging to any such borough, such borough shall be liable to contribute towards the expenses of such asylum, in the same manner and to the same extent as such borough would have been liable to contribute if notice of separation had not been given;

Thenceforth shall be free from such contribution] and from and after the expiration of such notice, and the withdrawal from such county asylum of all lunatics from or belonging to such borough, then and in such case such borough shall not be liable to pay or contribute towards the expense of the establishment of such asylum, or the maintenance of lunatics therein, save only such proportion of the expenses of maintaining lunatics chargeable to the county in which such borough is situate which would have been chargeable upon such borough in case it had not so separated from the county.

11. Present visitors to remain in office till the sessions next

1 As the bill was originally framed, pauper lunatics whose settlements could not be ascertained, might be adjudged to belong to counties or boroughs. But as the Act was passed these latter words were omitted, and there are now no lunatics belonging to any bo

rough, as distinguished from the county. Where a borough and a parish are coterminous the lunatics may be said to belong to the borough in one sense, but technically, being paupers, they belong to the parish.

2 See sect. 59, post.

after the 20th December, 1845.] And be it enacted, That in every county and borough for which an asylum has been already provided the present committee of visiting justices, or of visiting justices and subscribers, or of visitors thereof, shall continue to be the committee of visiting justices or visitors thereof until the general or quarter sessions which shall be held next after the twentieth day of December in the year one thousand eight hundred and forty-five.

12. Provision for the appointment of future visitors.] And be it enacted, That at the general or quarter sessions to be held next after the twentieth day of December in every year the justices of every county, and at a special meeting to be held within twenty days after the twentieth day of December in every year the justices of every borough, having for the time being an asylum3 (whether already erected or provided, or in course of erection, or hereafter to be erected or provided or, in course of being erected or provided) either for the sole use of such county or borough, or otherwise as aforesaid, shall elect some justices of such county or borough to be a committee on behalf of such county or borough for the purposes of the said asylum, during the year then next ensuing the election;

In cases of vacancies] and in case of the incapacity, resignation, or death of any member of the said committee, the said justices of every county at any general or quarter sessions for such county, or the justices of every borough at a special meeting, may elect a justice to be a member of such committee for the then remainder of the current year in the place of the member who shall have so become incapable, resigned, or died;

Appointment by subscribers] and in the month of January in every year the subscribers to every lunatic asylum already erected by voluntary subscription, and which shall have been then united or be intended to unite with any county or counties, borough or boroughs, as aforesaid, under the provisions any former or of this present Act, or the majority of such

of

1 See 48 G. 3, c. 96, s. 8. 55 G. 3, c. 46, ss. 1, 3. 5 G. 4, c. 71. 9 G. 4, c. 40, s. 8.

2 See post, sect. 82,' as to the acting of the council of the borough, and sect. 83, as to the appointment of a committee by the council to act as the visitors.

3 It seems therefore from these words that the asylum must have been provided before the com

mittee of visitors is appointed, though the words of the parenthesis are singular. See note on page 120.

4 That is, for the joint use of two or more counties, or a county or borough, or a county and subscribers.

5 See the end of this clause as to the number.

6 In sect. 5.

subscribers present at a meeting of which notice shall have been given by public advertisement in some newspaper circulated within the place in which such lunatic asylum shall be situated, shall elect some of such subscribers1 to be a committee on behalf of such subscribers, for the purposes of such asylum, during the year then next ensuing;

In cases of vacancies] and in case of the incapacity, resignation, or death of any member of the said committee, a majority of the said subscribers present at any meeting called as aforesaid may elect a subscriber to be a member of such committee for the then remainder of the current year in the place of the member who shall have so become incapable, resigned, or died;

Duty of the committee for one county or borough] and in every case in which there shall be or be intended to be an asylum for the sole use of any one county or borough, the committee of justices elected for such one county or borough as aforesaid shall be the committee of justices for the visitation, management, providing and erecting of such asylum, house, or place, and shall be called the "Committee of Visitors;"

And for unions] and in every case in which any one or more county or counties, borough or boroughs, shall be united together, or with any subscribers as aforesaid, or together, and also with any subscribers as aforesaid, the said committees of such county or counties, borough or boroughs, and subscribers, as the case may be, shall form and be one committee for the visitation, management, providing, and erecting of the asylum for such county or counties, borough or boroughs, and subscribers, as the case may be, and shall be called the "Committee of Visitors :"

Number of the committee for existing asylums] Provided always, that the number of justices to be elected to be the committee of visitors of any county or borough having an asylum, house, or place for its sole use shall not be less than seven, and that the number of the justices of every county and borough, and of every body of subscribers, heretofore united as aforesaid, to be elected to be the committee of visitors, shall be the number specified in the agreement entered into for effecting or regulating such union as aforesaid;

And for future unions] and that the number of the justices

1 See note 5 page 128, ante.
2 According to the former part

of this clause the committee of
visitors is to be appointed by the
justices of the county or borough

having an asylum, and the committee of justices mentioned in sect. 4, are to superintend the providing and erecting of the asylum. See notes 5 and 6 thereon.

of every county and borough, and of every body of subscribers, which shall be hereafter united as aforesaid, to be elected to be the committee of visitors, shall be the number specified in the agreement entered into for effecting such union, but so that the number of justices for any county to be hereafter united shall not be more than fifteen nor less than seven, or for any borough more than seven nor less than three.1

13. Former visitors to remain in office in case of the omission of an election, or filling up a vacancy.] And be it enacted, That if any such justices or subscribers as aforesaid shall in any year neglect or omit to make such election, or to fill up any vacancy which may have occurred as aforesaid, or there shall be any delay in making or filling up the same, then the committee of visiting justices, or visitors lastly before appointed, or such of them as shall continue to act, shall be deemed and taken to be the committee of visiting justices or visitors for the purposes aforesaid until such election as aforesaid shall have been made or such vacancy shall have been filled up.

14. Meetings of visitors.] And be it enacted,3 That the several persons who shall at first and at each general annual election be elected members of any committee of visitors shall, within one calendar month after their election, assemble at some convenient place, to be named in a notice previously given by two or more of such visitors or their clerk to the several members of such committee, and that the said visitors may adjourn the said meeting from time to time or from place to place, and meet where and as often as they shall think necessary;

Every committee to elect a chairman for the year] and the said visitors shall at their first meeting after their election elect one of their members to be chairman for the year, who shall preside at all meetings at which he shall be present;

And chairman of meeting] and in case of the absence of the chairman from any meeting the members of the committee

1 This corresponds with the provision in sect. 4, for the committee of justices to be elected under that section.

2 See 55 Geo. 3, c. 46, ss. 2, 4. 9 G. 4, c. 40, s. 9.

3 See 48 G. 3, c. 96, s. 6. 5 G. 4, c. 71. 9 G. 4, c. 40, s. 10.

4 The visitors must of course give the notice of the first meeting.

5 Note that the meetings of the committee of visitors are to be held by adjournment, and see how any default herein is provided for by sect. 15.

then present shall elect one of such members to be chairman for the meeting, who shall preside at the meeting;

Number of members to constitute a meeting] and to constitute a meeting of a committee there shall be present not less than three members thereof, except for adjournment, which may be made by less than three;

Questions how to be decided] and every question shall be decided by a majority of votes (the chairman, whether permanent or temporary, having a vote), and in the event of an equality of votes on any question the chairman for the time being shall have an additional or casting vote;

Appointment of their clerk] and every such committee of visitors shall appoint a clerk to such visitors for the purposes of this Act, at such salary or remuneration as such visitors shall think fit, and from time to time, if and when they shall think fit, remove such clerk or any future clerk, and in any such case, and in case of the death or resignation of any such clerk, and as often as the same shall occur, appoint a new clerk.

15. The chairman, or two visitors, or the clerk, may convene meetings of visitors in certain cases.] And be it enacted,3 That if any committee of visitors shall neglect to adjourn any meeting of such visitors, and whenever any circumstance shall render the meeting of such committee necessary or convenient before the time to which their meeting may have been last adjourned, and in any other case in which a meeting of such committee shall be desirable, it shall be lawful for the chairman of the committee, or any two of the visitors, or the clerk of such visitors, to convene a new meeting by a circular letter to each visitor, informing him of the time and place of such meeting, ten days at least before the same shall be held.

16. Visitors may sue and be sued in the name of their clerk, whose death or removal shall not abate actions.] And be it enacted, That every committee of visitors may sue and be sued in the name of their clerk; and that no action which may

These words appear to signify the chairman at each meeting, and not the chairman of the committee.

2 It may be a question whether this means every committee successively appointed to any asylum, or the committee appointed generally to each asylum. If the former be the true construction, the clerk should

be appointed annually, and in a matter of doubt it will be well that the committee avoid any discussion by annually renewing the appointment.

3 See 55 G. 3, c. 46, s. 5. 9 G. 4, c. 40, s. 34.

4 See note 5 on last section. 5 See 48 G. 3, c. 96, s. 15. 9 Geo. 4, c. 40, s. 35.