5.

Consulting members and their duties.

6.

Members of

the Board to take oath of office and secresy.

Form of Oath.

Majesty's Treasury, or any Three of them, by warrant under their hands; and it shall be lawful for Her Majesty and Her heirs and successors, upon cause shown, to remove the members of the Board, or any one or more of them (other than the Lord Advocate and the Solicitor-General), and also from time to time to supply any vacancy which may occur in the Board by death, removal, resignation or otherwise of the Chairman or any other of the members of the Board; and the Board shall be called "The General Board in Lunacy in Scotland,” and shall hold its meetings at Edinburgh.

5

1

And be it Enacted, That it shall be lawful for the Board, with the 10 approbation of one of Her Majesty's Principal Secretaries of State, to appoint Two medical persons, to be consulting members of the Board, to each of whom there shall be paid a salary not exceeding Two hundred Pounds per annum, and the amount of which shall be fixed by the Commissioners of Her Majesty's Treasury as aforesaid; and it 15 shall be the duty of such consulting members to attend the meetings of the Board when called upon so to do, and to advise the Board upon all such matters and cases as shall be submitted to them regarding the medical treatment of the patients detained in public and private asylums, the cases of individual patients, the fitting up accommodations, 20 regulation and government of all the public and private asylums, and of the grounds and gardens attached thereto, falling under the charge of the Board in virtue of the provisions of this Act, and generally upon every subject connected with the detention, accommodation and treatment of lunatics under the powers and provisions of this Act.

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And be it Enacted, That every person hereby or hereafter appointed
a member or consulting member of the Board under this Act shall,
before he acts in the execution of his duty as a member or consulting
member, take an oath to the following effect; (that is to say)
"I, A. B., do swear that I will discreetly, impartially and faithfully 30
execute all the trusts and powers committed to me by virtue
of an Act of Parliament passed in the
year of the
reign of Her Majesty Queen VICTORIA, intituled, [here insert
the title of this Act], and that I will keep secret all such
matters as shall come to my knowledge in the execution of my 35
office, except when required to divulge the same by legal
authority, or so far as I shall feel myself called upon to do so
for the better execution of the duty imposed upon me by the
said Act. So help me GOD.”

Which oath it shall be lawful for the Lord Justice-General or the Lord 40
Justice-Clerk of Scotland to administer; and any two of the Members
of the Board, who shall have previously taken the oath, are hereby.
authorized to administer such oath to any other member or consulting
member.

And

And be it Enacted, That neither the members nor the consulting members of the said Board shall derive any profit or emolument for the discharge of the duties of their office, excepting as herein mentioned, nor shall they be personally responsible for any thing done bonâ fide in the 5 execution of this Act, or in the exercise of the powers therein contained; Provided always, That all the necessary expenses incurred by the Board or by members or consulting members thereof, in the execution of their official duties, or committees appointed by the Board as hereinafter provided, shall be deemed as part of the incidental 10 expenses attending the execution of this Act, and be paid accordingly; and an account of all expenses of the Board shall be annually laid before Parliament.

Board.

8.

And be it Enacted, That the Board, over and above the powers Powers of hereby specially committed to them, shall have the superintendence, 15 management, direction and regulation of all matters arising under this Act in relation to lunatics, and to the public and private asylums to be licensed under this Act, and shall have the power of granting or refusing licenses to the proprietors or keepers of such public or private asylums, and of renewing, transferring, recalling or suspending any 20 license and of dismissing or suspending any medical persons, (except the medical persons members of the Board, who shall not be removable excepting with the approbation of one of Her Majesty's Principal Secretaries of State) and any keepers, attendants, officers or servants appointed and acting under the provisions of this Act; and it shall be 25 lawful to the Board from time to time to make and establish all such rules and regulations as they may deem necessary towards the good order and management of all such public and private asylums, and to enforce the same by the imposition and exaction of penalties not exceeding Twenty Pounds; and in particular the Board shall make regulations and give 30 orders for the visitation and examination of all public and private asylums by the Inspector-general herein authorized to be appointed, or by the Sheriffs of the several counties, or the medical inspectors or visitors who may be appointed under this Act, or other medical persons who may be directed to visit and examine such asylums and the luna35 tics confined therein, either by themselves or with the Board, or any of its members or consulting members, or with the Sheriffs of the several counties, or with the Inspector-general; and for the return in such form as the Board may prescribe, and by such officers or persons as they may appoint, of the names and descriptions of all lunatic asylums under the provisions of this Act; and the Board shall also make regulations as to the number of keepers, male and female, which they may judge necessary, in proportion to the number of lunatics confined in any public or private asylum; as to the warming and ventilation of the apartments, the separation of the male and female patients, the extent and security of the airing-grounds and gardens, and all other matters

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9.

Power of Board to institute

inquiries, and to summon witnesses, and

on oath.

and things respecting the good order and management of the public
and private asylums so to be licensed and the conduct and duties of
the Inspectors, clerk, officers and servants appointed under the authority
of this Act: Provided always, That such rules and regulations shall,
before the same shall be of force, be approved by one of Her Majesty's 5
Principal Secretaries of State.

And be it Enacted, That it shall be lawful for the Board, with the concurrence of the Lord Advocate of Scotland for the time being, to institute in such manner as they shall think fit, an investigation or examine them enquiry into any special case of lunacy which they shall think it 10 necessary or proper to enquire into, and in such case, and in any other case relating to the execution of this Act in which it shall be necessary to obtain evidence, it shall be lawful for the Board, from time to time as they shall see occasion, to require by summons under the Common Seal of the Board according to the form, as nearly as may be, of 15 Schedule (A.) hereunto annexed any person to appear before them to testify on oath, touching any matter respecting which the Board is by this Act authorized to inquire, which oath the Board are hereby authorized to administer, and such summons shall contain a warrant to Messengers at Arms and Sheriff Officers to serve the same, and it 20 shall be lawful to any Messenger at Arms or Sheriff Officer to serve such summons personally or at the dwelling-place of the person named therein, in the same form and manner as Summonses and Citations are or may be served according to the law of Scotland; and any person who shall not appear before the Board pursuant to such summons, or 25 shall not assign some reasonable excuse for not appearing, or shall appear and refuse to be sworn, (not being a person exempted by law from taking an oath,) or shall refuse to be examined, shall, on being convicted thereof before the Sheriff, or before a Justice of the Peace or Magistrate of the county or burgh within which such person has 30 his ordinary residence, or of the county or burgh within which such person shall have been by such summons required to appear and give evidence, shall for every such neglect or refusal, forfeit a sum not exceeding Fifty Pounds.

10.

Payment of expenses of witnesses.

11. Meetings of the Board.

And be it Enacted, That it shall be lawful for the Board to direct 35 the Secretary of the Board to pay to any witness summoned as aforesaid, the reasonable expenses of his appearance and attendance in pursuance of such summons, which shall be considered as expenses incurred by the Board in the execution of this Act, and be taken into account and paid accordingly.

And be it Enacted, That the Board shall have a place at Edinburgh for the transaction of their business, and shall meet there or at such temporary place as shall be fixed for the purpose, upon the First

day

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5

day of July next, or upon the first convenient day within Ten Days thereafter (of which due notice shall be given by the Secretary to each of the Members of the Board), and shall thereafter hold Two general meetings in each year, One upon the First Wednesday in February, and the other upon the First Wednesday in July, and at such first meeting, and at all other meetings of the Board, Three of the Members shall be a quorum, with power to act in all the matters hereby committed to the Board; and the Board shall have power to adjourn for such time and to such place as they shall see fit; and it shall be 10 lawful for the Board to hold special or pro re nata meetings which may be called by the Secretary; provided that, of all meetings of the Board, notice shall be given in writing by the Secretary in such manner as the Board shall direct; and that all notices of special or pro re nata meetings shall specify the business or matter on which such 15 meetings are called.

And be it Enacted, That it shall be lawful to the Board, as often as they may deem fit, to appoint any Two or more of their number as a committee for the purposes of this Act, and if more than Two, to fix the number of such committee that shall be sufficient to transact business; 20 and it shall be lawful for such committee, in transacting the business committed to them, to exercise all the powers necessary for that purpose which are by this Act given to the Board; and such committee shall report to the Board at such time or times as the Board shall direct, and failing such direction shall report to the Board at its next general 25 statutory meeting.

And be it Enacted, That it shall be lawful for Her Majesty to appoint a fit person to be Secretary to the Board, to whom there shall be paid such salary, not exceeding Five hundred Pounds per annum, as shall be fixed by the Commissioners of Her Majesty's Trea30 sury or any Three of them by warrant under their hands; and such Secretary, and every Secretary to be hereafter appointed shall be removable from his office by Her Majesty, on the application of the Board; and upon the death, resignation or removal of any such Secretary, the Board, with the approbation of Her Majesty, Her heirs and 35 successors, to be signified by one of Her Majesty's Principal Secretaries of State, shall appoint a Secretary in the room of the Secretary so dying, resigning or being removed; and the Secretary shall in the performance of all his duties, and in all respects, be subject to the inspection, direction and control of the Board; and each Secretary shall find sufficient security for his intromissions and management, to the satisfaction of the Board.

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14.

And be it Enacted, That the Secretary shall, under the directions of Duties of the Secretary. the Board, keep regular books and minutes of all the proceedings of

15. Clerk to be appointed.

16.

Appointment

Inspectorgeneral.

the Board, and accurate accounts of all the monies received and
disbursed by the Board, or by their order, which books and accounts
shall be balanced as at the Thirty-first day of December in each year;
and an abstract of the accounts so kept, showing all the monies
received and all the expenses incurred in the execution of this Act, 5
shall annually be transmitted by the Board to Her Majesty's and the
Lord Treasurer's Remembrancer of the Court of Exchequer in Scotland,
to be laid before the Judges of the Court of Session, acting as Judges
of the Court of Exchequer; and the like abstract shall be annually
laid before both Houses of Parliament within Fourteen Days after 10
the general meeting of the Board in February, if Parliament be then
sitting, or otherwise within Fourteen Days after the commencement
of the ensuing Session; and with such abstract there shall be annually
transmitted to the said Remembrancer, and to both Houses of Parlia
ment, within the period aforesaid, a return exhibiting the number of 15
orders granted by the Sheriffs for admission of lunatics into any public,
private or district asylum, stating the asylum to which such order was
sent, also the number of licenses granted by the Board for the con-
tinuance, establishment or renewal of public, private or district
asylums, and the transfer of any such license from any one asylum to 20
another, and describing such asylums by their respective localities;
and stating the name or names of the proprietors, and superintendents
of each asylum; and showing, also, the number of patients, male and
female, received into and discharged from each asylum, or removed
or transferred from any one house to another during the preceding 25
year.

And be it Enacted, That it shall be lawful for the Board to appoint
a Clerk to the Board, to whom there shall be paid a salary, not ex-
ceeding Two hundred Pounds per annum, and such Clerk shall be
removable from his office by the Board, and upon the death, resig 30
nation or removal of any such Clerk, the Board shall appoint a Clerk
in his room; and every such Clerk shall in the performance of his
duties, and in all respects, be subject to the inspection, direction and
control of the Board, and each Clerk shall, when so required by the
Board, find sufficient security for his intromissions and management, 35
to their satisfaction.

And be it Enacted, That the Board, with the approbation of one and Duties of of Her Majesty's Principal Secretaries of State, shall, at their first meeting under this Act, or as soon thereafter as may be, nominate and appoint some fit and proper medical person to be the Inspector-general of all public and private asylums under this Act; to whom there shall be paid such salary, not exceeding Eight hundred Pounds per annum, as shall be fixed by the Commissioners of Her Majesty's Treasury, or any Three of them; and so long as such person shall remain Inspector

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