52. Notice of the District Asylum being ready for the reception of given. occasioning such vacancy was elected, after the occurrence of such vacancy. 5 And be it Enacted, That upon the completion and approbation and adoption of any district asylum for pauper lunatics, the District Board shall forthwith cause notice of the day on which such district asylum patients to be will be open for the reception of lunatics, to be given once in each of Three successive Weeks in some newspaper published in each of the counties comprehended within the district for which the asylum is provided, or if there be no newspaper published in any such county, then in some newspaper usually circulated in such county, and also 10 once in the "Edinburgh Gazette ;" and the day on which the asylum is to be opened as aforesaid, shall be not less than One Week subsequent to the publication of the last of such notices. 53. Charge for Pauper Lunatics and application of the monies to be received. 54. District Boards to keep books. And be it Enacted, That there shall be paid to the District Board for each pauper lunatic sent to and detained in any district 15 asylum, and by such periodical payments as shall be fixed by the District Board, with the approbation of the Board, a sum not exceeding Shillings per week; and the monies to be so paid shall be applied by the District Board of each district in defraying the maintenance and expenses of the patients, the salaries 20 and allowances of the superintendent, keeper, medical inspectors, medical attendants, clerk, officers and servants, and all other the necessary expenses attending the maintenance and keeping up of the establishment of such district asylum; and if such monies shall prove inadequate to defray such maintenance and expenses and salaries, allowances and other expenses of any District Asylum, the District Board of such District shall, with the approbation of the Board, make such additional charge for each pauper lunatic kept in such district asylum as may be necessary to make up any deficiency which shall have arisen or may arise. 25 30 And be it Enacted, That the District Boards shall keep regular books and accounts, showing distinctly the amount of the monies received by them, and of the outlay and expenditure thereof; and shall also keep minutes of the proceedings of all the meetings of the District Boards in the execution of this Act; and at all meetings of the District 35 Boards, Three members thereof shall form a quorum, and shall be capable of acting in the execution of the matters intrusted to such District Boards by this Act; and an accurate copy of the accounts to be so kept shall be sent annually to the General Prison Board appointed by the said Act of the second and third years of the 4 reign of Her present Majesty, for inspection by the said Board, and by the County Prison Boards; and a like copy thereof shall be transmitted to the Board for their inspection. And 5 10 And be it Enacted, That upon information from the Procurator Fiscal of any county, or from the Inspector-general, or from the Inspector of the Poor of any parish, to the Sheriff of any county that a pauper lunatic, or a pauper suspected to be a lunatic, is either at large or in confinement, or dwelling in any place or house within the county, whether the house of a relation or of any other person, the Sheriff shall, together with the Inspector-general, or any One or more of the Medical Inspectors appointed for any district under this Act, or of any Two medical persons whom the Sheriff may call to his assistance, forthwith examine such lunatic, or pauper supposed to be a lunatic, and if such person shall be ascertained to be a lunatic, the Inspector-general or Medical Inspectors, or Medical persons aforesaid, shall thereupon grant a certificate to that effect, in the form set forth in the Schedule (D.) hereunto annexed, and the Sheriff shall grant 15 an order, in the form No. 2 of Schedule (E.) hereunto annexed, for the reception and detention of such lunatic, whether domiciled within the county or elsewhere, in the asylum for the district in which the lunatic is so found; and the keeper of the district asylum shall, upon the production of such order and certificate, with the lunatic, admit 20 the lunatic into such district asylum accordingly. And be it Enacted, That every pauper lunatic detained in any district asylum under the provisions of this Act shall be deemed and held to belong and be chargeable to the parish in which such lunatic was legally domiciled at the time he was taken or sent, and 25 the expense of his maintenance in such district asylum shall be defrayed by the parish of his domicile accordingly: Provided always, That until the parish of his domicile shall be ascertained, and the necessary measures be adopted for rendering such parish liable in his maintenance, the expense of such maintenance shall be chargeable to 30 and be defrayed by the parish in or from which such pauper lunatic shall have been taken or sent; and the residence of any pauper lunatic in any district asylum shall be deemed to be the residence of such lunatic in the parish of the domicile legally chargeable with the maintenance of such lunatic. 35 And be it Enacted, That all the expenses attending the taking and sending a pauper lunatic to any district asylum in or from any parish which is not the parish of the domicile of such lunatic, including the sum paid for the order for admission of such lunatic, and the maintenance of such lunatic therein, shall be recoverable by the 40 party or parish defraying such expense from the parish of the domicile of such lunatic; and such parish being ascertained, it shall be competent for the Sheriff of the county in and from which such lunatic was taken and sent, to give decree for all such expenses at the instance of 58. Expense incurred for Lunatic, from whom to be recovered. 59. Expenses to be paid, in the first instance, by the parish in which Lunatic was committed. 60. Access to the tic to the parties inte rested in the expense of his maintenance, &c. the party or parish defraying such expenses against the parish of the domicile; and the same shall be recoverable summarily thereon, and such decree shall not be subject to review or appeal in any manner whatsoever. And be it Enacted, That any necessary expense incurred by any proprietor or superintendent of any asylum, or by any other party, for or in relation to the examination, removal and maintenance, or otherwise, of any lunatic, may be recovered by the party disbursing the same, from or out of the estate of such lunatic, or from the parties or the parish liable for the maintenance of such lunatic. any such 5 10 And be it Enacted, That if the parish of the domicile of pauper lunatic cannot be ascertained, and if the lunatic has no means of defraying the expense of his maintenance, nor any relations who can be made liable for the same, the expenses attending the taking and sending such lunatic, and of his maintenance in the district asylum, 15 shall be defrayed by the parish in and from which he was taken and sent; but with recourse, nevertheless, to such parish, at any time when it shall appear that such expenses are legally chargeable to any other party or parish, against such party or parish, and who shall be liable also in interest and expenses; and the Sheriff of the county in 20 which the parish defraying such expenses in the first instance is situated, shall certify under his hand the amount of such expenses; and such certificate shall be final and conclusive as to such amount, and shall not be subject to review by any process whatsoever under any proceeding instituted for recovery of the same, and the party entitled to recover 25 such expenses shall proceed as accords of law against the party or the parish liable for the same by summary process before the Sheriff of the county within which such party resides, or in which such parish is situated, and the judgment of such Sheriff shall be final, And be it Enacted, That in any investigation or dispute regarding the 30 Pauper Luna- domicile of any pauper lunatic, the Procurator Fiscal of any county, and the Inspector of the Poor of any parish, and the relations of the lunatic, and other public officers or parties having an interest in the investigation, shall have free access to the lunatic in the presence of the Inspector-general or medical officer of the district, or other medical 35 person appointed by the Board or the Sheriff, for the purpose of seeing or examining the lunatic touching the matter in question. 61. Sheriff may commit dangerous Lunatics. And be it Enacted, That where any lunatic shall have been apprehended charged with assault or other offence inferring danger to the lieges, or where any lunatic being in a state threatening danger to the 5 lieges shall be found at large, it shall be lawful for the Sheriff, upon application by the Procurator Fiscal, or by the Inspector-general appointed by this Act, or by the Inspector of the Poor under the said Act of the eighth and ninth years of the reign of Her present Majesty, accompanied by a medical certificate as hereinbefore required as to the condition of such lunatic, from Two medical persons, forthwith to commit such lunatic to some place of safe custody, and the Sheriff shall thereupon direct notice to be given in some newspaper circulated within the county of such commitment, that it is intended to inquire into the 10 condition of such lunatic on an early day to be named; and the Sheriff 15 shall at the time named proceed to take evidence of the condition of such lunatic, and upon being satisfied that he is a lunatic, and dangerous, he shall commit the lunatic to any public or private asylum; and in case there shall be no public or private asylum within the jurisdiction of the Sheriff, he shall commit such lunatic to some public or private asylum of an adjoining county; and an order shall be granted by the Sheriff in respect of every such commitment, as prescribed by this Act; and such lunatic shall be there detained until cured, or until caution shall be found for the safe custody of such 20 lunatic, in which last case it shall be lawful for the Board or the Sheriff, upon being satisfied as to such caution and the safety and propriety of such custody, upon application to that effect, to authorize the delivery of the lunatic to the person so finding security, and the person liable in the maintenance of such lunatic, and in the case of 25 a pauper lunatic the person or the parish liable in the maintenance of such pauper lunatic, shall contract with the proprietor or keeper of the asylum to whose care such lunatic is committed for the expense of the keeping or maintenance of the lunatic therein. And be it Enacted, That if any lunatic in respect of whom appli30 cation shall be made to the Sheriff of any county as aforesaid shall have his known domicile or settlement or usual place of haunt and resort in another county, then it shall be lawful for the Sheriff either to follow out the provisions of this Act in regard to such lunatic, or at once to transmit along with the said application such lunatic in 35 safe custody to the Sheriff of such other county, to whom it shall be lawful to proceed as if the application had been made to him in the first instance. And be it Enacted, That if the Procurator Fiscal or the Inspectorgeneral shall make application to the Sheriff for the removal of any 40 lunatic from any asylum licensed under this Act, accompanied by a certificate of Two medical persons to the effect that such asylum is unsuitable for the confinement of such lunatic, it shall be lawful for the Sheriff thereupon to grant warrant for the removal of such lunatic from such asylum to some other licensed asylum, either in his own or in some adjoining county: Provided always, That intimation of the in223. 62. Power to Sheriff to transmit Lunatic to county. another 63. Lunatic may from one Asylum to another. be removed 64. Liberation of Lunatic by relation or others. 65. Exception of Lunatics de- Courts of tended application shall be given (to be proved to the satisfaction of the Sheriff) to the party by whom or at whose instance such lunatic was confined; and the expenses attending such application for removal, and of the keeping and maintenance of such lunatic in the asylum to which he shall be so removed, shall be defrayed by the party or 5 parish liable for the expense of the keeping and maintenance of such lunatic in the asylum from which he shall be so removed. And be it Enacted, That it shall be lawful for any person at whose instance any lunatic has been received and detained in any private asylum, upon the recovery of such lunatic, and having procured and 10 produced the certificate of Two medical persons of such recovery, and bearing that such lunatic may, without risk of injury to the public or to the lunatic, be set at large, and also an order from the Sheriff who granted the order for the reception of such lunatic, for the liberation of the lunatic, or from the Sheriff of the county for 15 the time, to require of the proprietor, superintendent or keeper of the asylum in which such lunatic is, that such lunatic may be liberated, and such lunatic shall be liberated accordingly; and it shall in like manner be lawful to the Board or to the Sheriff, upon being satisfied by the certificate of Two medical persons whom they may think fit to 20 consult, or of the Inspector-general, of the recovery of any person confined as a lunatic either in a public or private asylum, to order the liberation of such person, and previous to the liberation of any such person, by order of the Board or the Sheriff, Eight Days' notice in writing shall be given of such intended liberation to the person at 25 whose instance such lunatic was detained, or in the absence of such person to the near relatives of such lunatic, and in the case of a pauper lunatic to the party or parish by whom the expense of the maintenance of the pauper lunatic was defrayed; and in all cases of removal or liberation of any lunatic, the proprietor, superintendent 30 or keeper of the asylum shall enter or cause to be entered in the register to be kept by such proprietor, superintendent or keeper, the particulars of the removal or liberation of such lunatic, and the date thereof, and the authority on which such removal or liberation took place; and a copy of such entry shall, within Seven clear Days of the 35 same being made, be transmitted by such proprietor, superintendent or keeper to the Board. Provided always, and be it Enacted, That no such removal or liberation shall be competent or take place in regard to any lunatic detained under the sentence of any court of law or equity, or for any state offence 40 without the authority of such court or the warrant of One of Her Majesty's Principal Secretaries of State: Provided further, That if by the expiration of the period of confinement awarded by the sentence of any court of law, any lunatic would be entitled to be set at large, and such lunatic be then uncured, it shall be lawful, upon certificate to that effect |