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69. Provided always, and be it Enacted, That no such removal Exception of or liberation shall be competent or take place in regard to any tained by lunatic detained under the sentence of any court of justice, without Courts of

the authority of such court or the warrant of One of Her Majesty's 5 Principal Secretaries of State: Provided further, That if by the expira

tion 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 by Two medical persons, and upon an order granted by 10 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.

70. And be it Enacted, 'That every pauper lunatic to be detained under Pauper Luna

tics to be sent the power of this Act shall be sent to an asylum for the district in to Asylum of

the district. 15 which the parish of the settlement of such pauper lunatic is situated,

unless the Sheriff, on cause shown, shall be of opinion that, in the special circumstances of the case, it is more expedient to commit such pauper lunatic to some other district asylum: Provided always, That

under special circumstances, in particular cases, it shall be lawful for 20 the Parochial Board, with consent of the Board, to dispense with the

removal of any pauper lunatic to a lunatic asylum, and to provide for him in such other manner and under such regulations as to inspection and otherwise as shall be sanctioned by the Board ; and provided

further, that the provisions of this Act as to the requisite license and 25 order and returns or reports to the Board shall be duly complied with.


CLAUSE (U.) AND whereas an Act passed in the Session of Parliament holden Repeal in in the eighth and ninth year of the reign of Her present Majesty, in- Vict. c. 83. tituled, “An Act for the Amendment and better Administration of the

Laws relating to the Relief of the Poor in Scotland,” the Board of 30 Supervision thereby established is authorized and empowered on any

Parochial Board refusing or neglecting to provide for the removal of an insane or fatuous poor person, to an asylum or establishment legally authorized to receive any lunatic patients, to take such measures

as may be necessary for removing such insane or fatuous poor persons 35

to such lunatic asylum or establishment; and it is thereby provided, that under special circumstances, in particular cases, the said Board of Supervision might dispense with such removal ; BE it Enacted, That the said Act, in so far as it grants such powers to the said Board of supervision, shall be and the same is hereby repealed.

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And be it Enacted, That in every public, private and district asylum Register to

72. there shall be regularly kept a book, to be entitled, “Register of be kept. Lunatics,” in which shall be distinctly set forth all the particulars relating to every lunatic who shall be received or detained in such 450.



asylum in the manner and form set forth in the Schedule (I.) hereunto annexed; and a copy of such register shall be transmitted to the Board at such times as shall be directed by the Board ; and any superintendent 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.


73 Registration and notice of death of Lunatics.

And be it Enacted, That in case of the death of any lunatic in any public, private or district asylum, or house in terms of this Act, a statement setting forth the time and cause of the death, and the duration of the disease of which the lunatic died, shall be prepared 10 and 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, and in every public, private or district asylum such statement shall be entered in a register to be kept in scch asylum in the terms set forth in the Schedule (J.) hereunto annexed ; and a copy of 15 such statement, certified by the superintendent of such asylum or house, shall within Three Days of the date of the death be transmitted to the Board, and also to the party or parish by whom the expense of the maintenance of the lunatic is defrayed; and every such medical person or superintendent who shall fail in the duties prescribed to them as 20 aforesaid, shall be guilty of an offence, and for every such offence be liable in a penalty not exceeding Fifty Pounds.

74. General Register to be kept.

And be it Enacted, That the Board on receiving such copies of such register-books and entries shall, after making such examination thereof as they may deem proper, cause the same to be preserved in the office 25 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 taken care of under the provisions of this Act, which shall exhibit the 30 asylum or house under this Act, into which each lunatic is received, and the time of his reception, and also the respective dates of the removal, and the place to which and the person to whose care the lunatic is removed, and also of the liberation or death of each lunatic; and the Board may at its discretion give information to any party inquiring 35 into any

of the facts set forth in such register, 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 the written authority of the Board; and any person making or permitting to be made any inspection of the contents of such register,

40 register-books or entries without such written authority, shall be guilty of an offence, and for every such offence be liable in a penalty not exceeding Fifty Pounds.


for mal-treat


75. And' be it Enacted, That if any superintendent, inspector, officer, Punishment or servant or other person employed in any public, private or district

ing any asylum, or otherwise, having the care of any lunatic under this Act,

shall wilfully mal-treat, abuse or neglect any lunatic to the injury of 5 such lunatic, such superintendent, inspector, officer, servant or other

person shall be guilty of an offence, and for every such offence be
liable in a penalty not exceeding One hundred Pounds, or to be im-
prisoned for any period not exceeding Six Months, without prejudice

to any action for damages, at the instance of the party aggrieved, 10 or of the person on whose application he was detained acting on his

behalf, or other person having interest, in any competent court of

referred to

false state

refusal to

76. And be it Enacted, That if in any matter hereby committed to the Decision of

District Board and the Board, or in which the approbation of the Board case of differ15

is hereby required, there shall be any difference of opinion, the matter ence with shall be referred to the Lord Advocate of Scotland for the time being, Board, to be whose decision therein shall be final and conclusive, and not subject the Lord Adto review in any court or by any process.

vocate, whose decision shall be final.

77. And be it Enacted, That it shall be lawful for the Lord Advocate Clause (V.) 20 of Scotland for the time being, at all times to examine and inspect Lord Advo

Power to the all the books, registers, minutes, proceedings, reports, returns, accounts cate to in

spect books and documents of every description kept by and in possession of the of Board. Board.


CLAUSE (W. And be it Enacted, That any person who shall wilfully make any Penalty on 25 false statement, or return or report, or who shall wilfully make any ments or false representation upon any plan or writing to be used under this

comply with Act, or who shall refuse or fail to do any Act or to give any infor- Act. mation which by this Act is required of him, or who shall conceal or

refuse to divulge any matter or thing as to which inquiry shall be 30 made of him under this Act, shall be guilty of an offence, and for

every such offence be liable in a penalty not exceeding One hundred
Pounds, or to be imprisoned for any period not exceeding Twelve


CLAUSE (X.) And be it Enacted, That the Board shall annually, on or before Board

annually to 35 the First day of February in each year, report to one of Her Majesty's report to

Principal Secretaries of State regarding the condition and manage- of State. ment of all public, private and district asylums, and houses in which any lunatic is kept or detained under an order of the Sheriff, in terms of this Act.


CLAUSE (Y.) 40 And be it Enacted, That Orkney and Shetland, with their respective Orkney and

Shetland to be dependencies, shall be taken to be separate counties for the purposes separate of this Act. 450.




81. Penalties how to be recovered.


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 sum-
mary proceeding in the name of such Secretary or Inspector-general,
or of any agent to be appointed by the Board, upon complaint in
writing to the Sheriff of the county in which the offence shall have
been committed, or to the 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 by delivering to him in person or by leaving
at his usual place of abode a copy of such order and of the complaint
whereupon the same has proceeded; and upon the appearance or upon
the default to appear of the party, it shall be lawful for the Sheriff to 15
proceed to the hearing of the complaiot, and upon such proof of the
offence as shall satisfy the Sheriff, and without any written pleadinys
or record, the Sheriff shall convict the offender, and upon such con-
viction shall decern and adjudge the offender to pay the penalty or
forfeiture incurred, as well as such expenses as the Sheriff shall think 20
fit, and shall grant warrant for imprisoning the offender until such
penalty or forfeiture and expenses shall be paid : Provided always,
That such warrant shall specify a period at the expiration of which
the party shall be discharged, notwithstanding such penalty or for-
feiture and expenses shall not have been paid, which period shall in 25
no case exceed Six Months, unless herein otherwise specially provided.

82. Application of penalties.

And be it Enacted, That the amount of the penalties or forfeitures
to be so awarded and recovered in respect of any public or private
asylum shall be paid and applied towards the general expenses of the
Board ; and the penalties or forfeitures to be awarded in respect of 30

district asylum shall be paid 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 35
imposed by virtue of this Act unless such penalty or forfeiture shall
have been prosecuted for within Six Months after the commission or
discovery of the offence for which it was incurred.

83. In formalities.

And be it Enacted, That no proceeding for the recovery of penal-
ties or forfeitures under this Act shall be set aside for want of form, 40
nor shall the same be removed by suspension, advocation, appeal or
otherwise, or be in any manner subject to review.

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84. And be it Enacted, That the powers and authorities granted by this Powers Act to Sheriffs shall be, in addition and without prejudice, to the Sheriffs to be powers and authorities otherwise competent to Sheriffs by law, all without preju

which powers and authorities, as well as the powers hereby granted, powers at law. 5 may be exercised by them in aid and in the execution of this Act.

85. 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.





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