5.

Consulting members

and their duties.

6.

Members of

the Board to take oath of office and secresy.

Form of Oath.

of Scotland for the time being; the Sheriff of Midlothian, the Sheriff
of the county of Aberdeen and the Sheriff of the county of Ayr, all for
the time being, such Sheriffs being resident in Edinburgh, or if 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 5
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
be paid, in addition to his salary as a Sheriff, an allowance not ex-
ceeding One hundred Pounds per annum; and it shall be lawful for 10
Her Majesty to appoint an additional number of persons, not exceeding
Four, to be members of the Board; and the amount of such salary to
the Chairman, and of such allowances to the Sheriffs, shall be fixed by
the Commissioners of Her Majesty's Treasury, and it shall be lawful
for Her Majesty and Her heirs and successors, upon cause shown, to 15
remove the members of the Board, or any one or more of them (other
than 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 20
in Scotland," and shall hold its meetings at Edinburgh.

And be it Enacted, That it shall be lawful for the Board, with the 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 such salary, not exceeding Two 25 hundred Pounds per annum, as shall be fixed by the Commissioners of Her Majesty's Treasury; and it shall be the duty of such consulting members, when called upon so to do, to attend the meetings of the Board, and to advise the Board upon all matters and things whatsoever falling under the provisions of this Act.

And be it Enacted, That every member or consulting member of the Board shall, before he acts in the execution of his duty as such member or consulting member, take an oath to the following effect; (that is to say)

year of the

30

"I, A. B., do swear that I will discreetly, impartially and faithfully 35
execute all the trusts and powers committed to me by virtue
of an Act of Parliament passed in 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 40
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."

5

Which oath it shall be lawful for the Lord Justice-General or the Lord 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 be it Enacted, That neither the members nor the consulting members of the 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 10 the execution of this Act, or in the exercise of the

contained.

powers therein

And be it Enacted, That the Board, over and above the powers hereby specially committed to them, shall have the superintendence, management, direction and regulation of all matters arising under this 15 Act in relation to lunatics, and to public, private and district asylums, and to every house in which a lunatic is kept or detained under an order of the Sheriff as hereinafter provided, and shall have the power of granting or refusing licenses to the proprietors of private asylums, and of renewing or transferring any such licenses, and also, with 20 concurrence of the Lord Advocate of Scotland for the time being, but not otherwise, of recalling or suspending the same; and it shall be lawful for the Board from time to time to make and establish such rules and regulations as they may deem necessary towards the good order and management of all private and district asylums, and the 25 conduct and duties of the inspectors, secretary, clerk, officers and servants appointed under the authority of this Act, and to enforce such rules and regulations by forfeiture of the license of any party not observing the same, and by recovery of the penalties authorized by this Act: Provided always, That all such rules and regulations shall, 30 before being put into execution, be approved of by one of Her

Majesty's Principal Secretaries of State, and such rules and regulations shall also be submitted to both Houses of Parliament, if Parliament be then sitting, and if Parliament be not sitting, then within Fourteen Days after the meeting of the next Session of Parliament : 35 Provided also, That nothing in this Act contained, unless where otherwise specially provided, shall be construed to extend to any public asylum existing at the passing of this Act, farther than to enable the Board to authorize and regulate the inspection and visitation of such asylums, and to make and enforce such rules and 40 regulations as they shall think necessary in relation to the number of patients to be received and of medical officers to be in attendance therein, to the separation of sexes in the same, and to the books or minutes to be kept or made, and the returns of the entries therefrom to be made to the Board by the persons having the management and care of such asylums.

9.

CLAUSE (B.) Future public Asy

fums how far subject to Act.

10. Power of Board to institute

inquiries, and to summon

witnesses, and

examine them on oath.

11.

Payment of expenses of witnesses.

12. Meetings of the Board.

Provided further, and be it Enacted, That all such public asylums as may be endowed, founded or established after the passing of this Act, and all additions to any existing public asylum to be hereafter made, shall be under and subject to such and the like visions as such existing asylums are by this Act made subject to.

powers and

pro

5

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 inquiry into any case falling under the provisions of this Act, which they shall think it necessary or proper to inquire into, and in such 10 case, and in any case 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 according to the form, as nearly as may be, of Schedule (A.) hereunto annexed, and which summons, as well as the execution and service copy thereof, may be either printed 15 or written, or partly printed and partly written, 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 20 same, and it 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 25 such summons, or shall not assign some reasonable excuse for not appearing, or shall appear and refuse to take the oath, or to be examined, shall, on being convicted thereof before the Sheriff, or before a Justice of the Peace of the County, or Magistrate of the burgh within which such person has his ordinary residence, or of the county 30 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 Thirty Pounds.

And be it Enacted, That it shall be lawful for the Board to direct the Secretary of the Board to pay to any witness summoned as aforesaid, 35 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 an office 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 of September next, or upon the first convenient day within Ten Days thereafter

40

5

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 September, 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 to hold special or pro re natâ meetings which may be called by the Secretary, 10 in such manner as the Board shall direct; and at all meetings of the Board the Chairman shall have both an original and a casting vote.

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, or for any part of such pur15 poses as the Board may direct, and if more than Two, to fix the number of such committee that shall be sufficient to transact business; 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 20 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 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 25 such salary, not exceeding Five hundred Pounds per annum, as shall be fixed by the Commissioners of Her Majesty's Treasury; 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 Secre30 tary, the Board, with the approbation of Her Majesty, Her heirs and 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 inspec35 tion, direction and control of the Board; and each Secretary shall find sufficient security for his intromissions and management, to the satisfaction of the Board.

And be it F.nacted, That the Secretary shall, under the directions of the Board, keep regular books and minutes of all the proceedings of 40 the Board, and accurate accounts of all 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 monies received and all

16.

Clerk to be appointed.

17. Appointment and Duties of Inspectorgeneral.

5

expenses incurred in the execution of this Act, shall annually be trans-
mitted by the Board to Her Majesty's and the Lord Treasurer's Re-
membrancer of the Court of Exchequer in Scotland; and the like
abstract shall be annually laid before both Houses of Parliament within
Fourteen Days after 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 Parliament, within the period aforesaid, a return ex-
hibiting the number of orders granted by the Sheriffs for admission of 10
lunatics into any public, private or district asylum or house, stating the
asylum or house to which such order was sent, also the number of
licenses granted by the Board for the continuance, establishment or
renewal of public or private asylums, and the transfer of any such
license from any one asylum to another, and describing such asylums 15
by their respective localities; and stating the ran or names of the
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 year.

20

And be it Enacted, That it shall be lawrun for the Board to appoint a Clerk to the Board, to whom there shall be paid a salary, not exceeding Two hundred Pounds per annum, and such Clerk shall be removable from his office by the Board, and upon the death, resignation or removal of any such Clerk, the Board shall appoint a Clerk 25 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, to their satisfaction.

30

And be it Enacted, That the Board, with the approbation of one 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 under this Act; to whom there shall be paid such salary, not exceeding 35 Six hundred pounds per annum, as shall be fixed by the Commissioners of Her Majesty's Treasury; and so long as such person shall remain Inspector-general, he shall not accept, hold or carry on any other office or situation, or any profession or employment from which any gain or profit shall be derived, but shall devote the whole of his time to the duties of the office of such Inspector-general; provided that it shall not be incompetent for any person to hold the office of Inspectorgeneral by reason of his being a medical officer on the half-pay of the Army or Navy; and it shall be the duty of the Inspector-general,

at

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