5

effect by Two medical persons, and upon an order granted by the Sheriff, to detain such lunatic in the asylum in which such lunatic then is, or to remove him to some other public or private asylum as may be proper.

And be it Enacted, That every pauper lunatic to be detained under the power of this Act shall be sent to the asylum of the district in which the parish of the domicile of such pauper lunatic is situated, unless the Sheriff, on cause shown to his satisfaction, shall be of opinion that, in the special circumstances of the case, it is more expe10 dient to commit such pauper lunatic to some other district asylum.

Provided always, and be it Enacted, That nothing herein contained shall prevent or be construed to prevent any parish from permitting any pauper lunatic to reside with and be maintained by any person being the relative or a member of the family of such pauper lunatic; 15 provided it shall appear to the Board that such pauper lunatic can under such charge be properly kept and cared for, and that the provisions of this Act as to the requisite license and order and returns or reports to the Board shall be duly complied with.

And be it Enacted, That in every public, private and district asylum 20 there shall be regularly kept a book, to be entitled, "Register of Lunatics," in which shall be distinctly set forth all the particulars relating to every lunatic who shall be received or detained in such asylum in the manner and form set forth in the Schedule (G.) hereunto annexed; and a copy of such register shall be transmitted to the Board 25 at such times as shall be directed by the Board; and any proprietor,

superintendent or keeper of any such asylum who shall fail or neglect to keep such book or to transmit such copy as shall be so directed, shall be liable in a penalty not exceeding Twenty Pounds for every such offence.

lunatic in any

And be it Enacted, That in case of the death of any 30 public, private or district asylum, a statement setting forth the time and cause of the death, and the duration of the disease of which the lunatic died, signed by the medical person who attended the lunatic during the illness which terminated in death, or who attended at the time of such death, shall be entered in the register to be kept in such asylum in the manner set forth in the Schedule (H.) hereunto annexed; 35 and a copy thereof, certified by the proprietor, superintendent or keeper of such asylum, shall within Forty-eight Hours of the date of the death be transmitted to the Board and to the Sheriff who signed the order for the confinement of the deceased, or to the Sheriff of the county for the time being, and also to the party or parish by whom the expense of the maintenance of the lunatic is defrayed, and to the Registrar of Deaths for the district; and every such medical person, proprietor or

40

72.

Decision of

the Board, in

ence with

keeper who shall fail to sign and register such statement, and transmit such copy as aforesaid, shall for every such failure forfeit and pay a sum not exceeding Fifty Pounds.

And be it Enacted, That the Board on receiving such copies of such register-books and entries shall, after making such examination thereof 5 as they may deem proper, cause the same to be preserved in the office of the Board, and from the reports and returns and copies of registers, and other documents transmitted to the Board, they shall cause to be prepared and completed from time to time as they shall direct, a General Register of all the lunatics who shall be kept or 10 taken care of under the provisions of this Act, which shall exhibit the asylum into which each lunatic is received, and the time of his reception, and also the respective dates of the removal, liberation, or death of each lunatic; and the Board may at its discretion, give information to any party inquiring into any of the facts set forth in such register, 15 or may refuse such information, and no inspection of the contents of such register, or of any such copies of register-books or entries shall take place without cause shown to the satisfaction of the Board, or without their written authority; and any person making or permitting to be made any inspection of the contents of such register, register- 20 books or entries without such written authority, shall be liable in a penalty not exceeding Fifty Pounds.

And be it Enacted, That if any superintendent, keeper, officer, attendant, nurse or servant or person employed in any public, private or district asylum, shall wilfully abuse, ill-treat or neglect any lunatic 25 in such asylum to the injury of such lunatic, such superintendent, keeper, officer, attendant, nurse or servant or person employed as afore- . said, shall be subject to a penalty not exceeding Fifty Pounds, or to be imprisoned for any period not exceeding Three Months; and shall further be liable to be sued for damages by the party aggrieved or 30 having interest, in any competent court of law.

And be it Enacted, That if in any matter hereby committed to the case of differ- District Board and the Board, or in which the approbation of the Board is hereby required, there shall be any difference of opinion, the decision of the Board shall in any such matters and differences be final and conclusive, and not subject to review in any court or by any process.

District

Board, to be final.

73. Penalties how to be recovered.

35

And be it Enacted, That all the penalties and forfeitures by this Act imposed may be sued for either in the name of the Secretary to the Board or of the Inspector-general, and may be recovered by summary proceeding in the name of either or of any agent to be appointed 40 by a minute of the Board, upon complaint in writing to the Sheriff of the county in which the offence shall have been committed, or to the

Sheriff

5

Sheriff of any county in which the offender may be found; and on such complaint the Sheriff shall issue a warrant for bringing the party complained against before him, or shall issue an order requiring such party to appear on a day and at a time and place to be named in such order, and every such order shall be served on the party offending either by delivering to him in person or by leaving with some inmate at his usual place of abode a copy of such order and of the complaint whereupon the same has proceeded, and either upon the appearance or the default to appear of the party offending, it shall be lawful for the 10 Sheriff to proceed to the hearing of the complaint, and upon proof of the offence, either by the confession of the party complained against or other legal evidence, and without any written pleadings or record of evidence, to convict the offender, and upon such conviction to decern and adjudge the offender to pay the penalty or forfeiture incurred, as well 15 as such expenses as the Sheriff shall think fit, and to grant warrant for imprisoning the offender until such penalty or forfeiture and expenses shall be paid: Provided always, That such warrant shall specify the amount of such penalty or forfeiture and expenses, and shall also specify a period at the expiration of which the party shall be dis20 charged, notwithstanding such penalty or forfeiture and expenses shall not have been paid, and shall in no case exceed Six Months.

25

30

35

And be it Enacted, That the amount of the penalties or forfeitures to be so awarded shall be paid, and applied towards the expenses of the asylum in relation to which such penalties shall have been sued for and recovered, or to the District Board of the district in which the offence shall have been committed, as the case may be, to be by such District Board applied in payment of the expenses of the district asylum under their charge as aforesaid; provided that no person shall be liable to the payment of any penalty or forfeiture imposed by virtue of this Act unless such penalty or forfeiture shall have been prosecuted for within Six Months after the commission of the offence for which it was incurred.

74. Application of penalties.

75.

And be it Enacted, That no proceeding for the recovery of penal- Informalities. ties or forfeitures under this Act shall be set aside for want of form, or on the ground of no record having been made, nor shall the same be removed by suspension, advocation, appeal or otherwise, or be in any manner subject to review in any superior court.

And be it Enacted, That the powers and authorities granted by this Act to Sheriffs shall be, in addition and without prejudice, to the 40 powers and authorities now competent to Sheriffs by law, all which powers and authorities as well as the powers hereby granted, may be exercised by them in aid and in the execution of this Act.

76. Powers Sheriffs to be without prejupowers at law.

granted to

dice to their

77

And be it Enacted, That this Act may be altered or repealed by any Act may be altered or Act to be passed in the present Session of Parliament. repealed.

SCHEDULES

TO WHICH THE FOREGOING ACT REFERS.

SCHEDULE (A.)

FORM OF SUMMONS BY THE BOARD.

IN the matter of A.B. a Lunatic [or an Insane person, or an Idiot, or a person of unsound mind].

WE the General Board in Lunacy in Scotland, in pursuance of the provisions of an Act passed in the year of the reign of Her Majesty Queen VICTORIA, intituled, [here insert the title of this Act], do hereby grant warrant to you

charge

Messengers-at-Arms and Sheriff Officers, conjunctly and severally, to summon, warn and and each of them, personally or at their respective dwellingplaces, in common form, to appear before the said Board at [insert place], on the day of

18

at

o'clock

noon, and then and there to testify and bear witness, so far as they and each of them know and shall be asked concerning the aforesaid matter, under the penalties specified in the said Act; and for doing which this shall be your warrant, returning the same by you duly executed and indorsed.

Given under our seal at Edinburgh this year One thousand eight hundred and

day of

in the

(L.S.)

SCHEDULE (B.)

FORM OF LICENSE BY THE BOARD.

WE, the General Board in Lunacy in Scotland, do hereby certify that A.B. of

in the parish of

and description of a house Lunatics, situated at

and county of

has delivered to us a plan and premises proposed to be licensed for the reception of in the county of in which it is proposed to receive patients not exceeding in number, [or, in the case of a renewed license, has delivered to us a list of the number of patients now detained in a house and premises situated at there are at present

in the county of in which patients]; and we having considered and approved of the same, do hereby authorize and empower the said A.B. [he intending, or not intending, to reside therein], to use and employ the said house and premises for the reception of

male [or

Sealed with our common seal at Edinburgh this

the year One thousand eight hundred and

Witness,

G. H., Secretary to the General Board
Board]

in Lunacy in Scotland.

SCHEDULE (C.)

FORM OF MEDICAL CERTIFICATE.

I, the undersigned, do hereby certify, that I have this day, separately from any other medical practitioner, visited and personally examined A. B., the person named in the annexed Statement and Order, and that the said A. B. is a Lunatic [or an insane person, or an Idiot, or a person of unsound mind], and a proper person to be detained and taken care of; and that I have formed this opinion from the following fact [or facts]; viz.

FORM of ORDER to be granted by the SHERIFF for the RECEPTION of a
LUNATIC into a PUBLIC or PRIVATE ASYLUM.

I, C. D., Sheriff [or Sheriff Substitute, or Steward, or Steward Substitute] of the County [or Stewartry] of having had produced to me certificates under the hands being two medical persons duly qualified, setting

of

and

forth that they had separately visited and examined A. B., the person named in the annexed Statement, and that the said A. B. is a lunatic [or an insane person, or an idiot, or a person of unsound mind,] and a proper person to be detained and taken care of, [and which certificates are transmitted herewith,] do hereby authorize you to receive the said A. B., as a Patient into the public [or private] Asylum of

Subjoined is a Statement respecting the said A. B.
Dated this

To the Keeper of the Public Asylum

day of

sylum}

No. II.

[or Private Asylum] of

18

FORM of ORDER to be granted by the SHERIFF for the RECEPTION of

a PAUPER LUNATIC into a District Asylum.

I, C. D., Sheriff [or Sheriff Substitute, or Steward, or Steward Substitute,] of the county [or Stewartry] of having called to my assistance the InspectorGeneral of Lunatics and Lunatic Asylums in Scotland [or the Medical Inspector of the district of or two medical persons duly qualified, as the case may be], and having personally examined A. B., a pauper, and being satisfied from such xamination, and from the certificate [or certificates] under the hand of the said InspectorGeneral [or Medical Inspector, or medical persons,] which is [or are] sent herewith, that the said A. B. is a lunatic [or an insane person, or an idiot, or a person of unsound mind,] and a proper person to be detained and taken care of, do hereby direct you to receive the said A. B. as a patient into the District Asylum of Subjoined is a Statement respecting the said A. B.

of

To the Keeper of the District Asylum}

(signed)

C. D.

FORM of STATEMENT to be annexed to Orders by the SHERIFF.

1. Christian name and surname of Patient at length.

2. Sex and age.

3. Married, single or widowed.