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LUNATIC ASYLUMS (SCOTLAND) BILL.

LIST OF CLAUSES.

Repeal of recited Acts; sect. 1.

Officers to continue till recalled, and orders made under repealed Acts to be good; 2.

Interpretation of words ; 3.
General Board established; 4.
Consulting Meinbers of the Board, and their Duties; 5.
Members of Board to take oath of office and

secrecy;

6. Members of Board not to derive profit for discharging their Duties, except as provided ; 7.

Powers and meetings of Board ; 8 to 12.
Appointment and Duties of Secretary, Clerk and Inspector-general ; 13 to 16.
Oath to be taken by Officers; 17.
Sheriff to visit Asylums and report to the Board ; 18.

Licenses to keep Private Asylums to be granted by the Board, and may be temporarily continued or transferred; 19 to 22.

Monies received for Licenses to be deposited in Bank; 23.
Payment of Salaries and Expenses ; 24.

As to the reception and keeping of Lunatics in Licensed Asylums and Houses ; 25 to 32.

Expense attending the committing and maintenance of Lunatics, how to be borne ; 33

Medical attendance upon Private Asylums ; 34.
Appointment and Duties of Medical Inspectors; 35.
Qualification of Medical Persons ; 36.

Districts for Asylums for Pauper Lunatics fixed, and Appointment and Duties of District Boards; 37 to 39.

District Asylums to be provided, and to be under charge of District Boards, and Expense to be defrayed by Assessment ; 40 to 52.

Charge for Pauper Lunatics, and application of Monies received ; 53. District Boards to keep Books ; 54. Pauper Lunatics to be detained in District Asylums, and Expense of their Maintenance to be provided for; 55 to 60. Sheriff

may commit dangerous Lunatics, and transmit Lunatics to another County ; 61, 62. Removal and Liberation of Lunatics; 63 to 65. 223

Pauper

Pauper Lunatics to be sent to Asylum of the District, or may be kept in their Parishes; 66, 67.

Registers of Lunatics to be kept; 68 to 70.
Penalty for maltreating Lunatic ; 71.
Decision of General Board in case of difference with District Board to be

final; 72.

Recovery and application of Penalties ; 73, 74.
Proceedings not to be void for want of form; 75.

Powers granted to Sheriffs to be without prejudice to their Powers at
Law; 76.
Act
may

be altered or repealed ; 77.

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To amend the Law of Scotland relative to the Care and

Custody of Lunatics, and for the better Regulation of
Lunatic Asylums, and for the Establishment of Asylums
for Pauper Lunatics.

[Note.—The Words printed in Italics are proposed to be inserted

in the Committee.]

HEK&as an Act was passed in the fifty-fifth year of Preamble :

the reign of his Majesty King George the Third, inti- 55 G. 3, c. 69. tuled, “ An Act to regulate Madhouses in Scotland :"

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And whereas another Act was passed in the ninth year of the reign 9G. 4, c. 31. of his Majesty King GEORGE the Fourth, intituled, " An Act for altering and amending an Act passed in the fifty-fifth year of the reign of his late Majesty, intituled, . An Act to regulate Madhouses in Scotland :""

C. 60.

And whereas another Act was passed in the Session of Parliament 4 & 5 Vict. 10 holden in the fourth and fifth years of the reign of Her present

Majesty, intituled, “ An Act to alter and amend certain Acts regülating Madhouses in Scotland, and to provide for the Custorly of dangerous Lanatics :

And whereas it is expedient that the said recited Acts should be 15 repealed, and that more efficient provision should be made for the

regulation of Lunatic Asylums, and for securing and providing for the custody of pauper and dangerous Lunatics in Scotland;

be it Enacted, by The QUEEN's most Excellent MAJESTY, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by 223

the

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1.

Repeal of the the Authority of the same, THAT from and after the First day of

January One thousand eight hundred and Forty-nine, the said recited
Acts shall be and are hereby repealed.

recited Acts.

2. Officers to

And be it Enacted, That the Inspectors, resident medical officers, continue till recalled, and

keepers, attendants, and all other officers or servants appointed under 5
orders made or in virtue of the said recited Acts hereby repealed, or any of them,
under the
repealed Acts shall continue to discharge the duties of their respective offices until
to be good.

they shall be re-appointed or superseded by the appointment of other
persons, officers and servants, to discharge the duties now performed by
them; and all licenses beretofore granted under the said recited Acts,
or any of them, shall remain in force until the expiration of the periods
for which they were respectively granted under the said recited Acts,
or until they are revoked under the powers of this Act; and all
orders, matters and things granted, made, done or directed to be done
in pursuance of the said recited Acts, or any of them, shall be and 15
remain as good, valid and effectual to all intents and purposes as if
the said Acts had not been repealed, excepting in so far as such orders,
matters or things are expressly made void or affected by this Act;
and all fees, charges, liabilities and expenses due, payable or prestable
under the said Acts, or any of them, shall be payable and prestable - 20
from the same funds and sources as would have been applicable to
such payments, and otherwise in the like manner as if the said Acts
had not been repealed.

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3. Interpretation of words.

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And be it Enacted, That the following words and expressions in
this Act shall have the meanings hereby assigned to them, unless 25
there be something in the subject or context repugnant to such con-
struction ; (that is to say) the words “the Board” shall mean the
General Board hereby established for the superintendence and care
of asylums and lunatics under this Act'; “Public Asylum” shall
mean and include all such hospitals, madhouses or asylums as
are established for the custody of lunatics by Act of Parliament or
Royal Charter, or under any deed or mortification by which the
maker thereof has directed the appropriation of funds to the establish-
ing and maintaining any lunatic asylum or hospital, without any view
to any pecuniary gain or profit arising to the establishment or to the trust

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estate or funds thereof, and also all hospitals, madhouses or asylums
into which lunatics committed by order and certificate, as hereinafter
provided, cannot be refused access or reception without special cause
shown; and also all hospitals, madhouses or asylums established under
the authority of this Act for the custody of lunatics; and the words

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“ Private Asylum” shall mean and include all such licensed mad-
houses or asylums as are established for the reception of lunatics under
the provisions of this Act, and kept for the pecuniary gain or profit of
the proprietors or keepers thereof or others interested therein, and into

which the admission of lunatics is a matter of arrangement between the keeper thereof and the party seeking or promoting the reception of the lunatic therein; the words “ District Asylum” or

“ District Asylums” shall mean the asylum of the district described in the 5 Schedule (F.) hereunto annexed within which the asylum shall be

situated, or which shall be provided as the asylum of such district under this Act; and the word “Lunatic” shall mean and include all mad or surious or fatuous persons, or persons so diseased or affected in

mind as to render them unfit, in the opinion of competent medical per10 sons, to be at large, either as regards their own personal safety and

conduct or the safety of the persons and property of others, or of the public; the word “ Sheriff” shall mean the Sheriff of and acting in the county of wbich he is Sheriff, and shall include the Sheriff Substitutes ;

the words “ Sheriff Clerk” shall mean the Sheriff Clerk of the county of 15 which he is Sheriff Clerk, and shall include Steward Clerk; words im

porting the singular number shall include the plural number, and words importing the plural number shall include the singular number; words importing the masculine gender shall include females; the word

" Person" and the word “ Owner” shall extend to trustees and to 20 bodies politic or corporate as well as to individuals; the word

" Month” shall mean calendar month; the word “ Oath ” shall include affirmation in the case of Quakers, or other declaration or solemnity legally substituted for an oath, in the case of persons exempted by law from taking an oath.

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4. 25

And be it Enacted, That a General Board of Directors shall be and General Board is hereby established for carrying into effect the purposes of this Act; esta blished. and the said Board shall consist of the following persons ; namely, of a person to be appointed by Her Majesty, who shall be the permanent

Chairman of the said Board, and to whom there shall be paid a salary 30 not exceeding Eight hundred Pounds per annum; the Lord Advocate of

Scotland for the time being, and the Solicitor-General of Scotland, both for the time being; the Sheriff of Midlothian for the time being, the Sheriff of

for the time being, and the Sheriff of for the time being, such Sheriffs being resident in Edinburgh, or if 35 any of the said Sheriffs shall not be resident in Edinburgh, then during

the period of such non-residence such other Sheriff of one or other of the counties of Scotland, being resident in Edinburgh, as shall be fixed by One of Her Majesty's Principal Secretaries of State; and to each of the

said Sheriffs, so long as he shall be a member of the Board, there shall 40 be paid, in addition to his salary as a Sheriff, an allowance not exceed.

ing One hundred Pounds per annum ; and it shall be lawful for Her Majesty to appoint such additional number of persons, not exceeding Two, to be members of the Board, as to Her Majesty may seem proper ; and the amount of such salary to the Chairman, and of such allowances to the Sheriffs, shall be fixed by the Commissioners of Her 223

Majesty's

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