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LIST OF Clauses.

Repeal of recited Acts; sect. 1.

Officers to continue till recalled, and orders made under repealed Acts to be good; 2.

Interpretation of words ; 3.
General Board established; 4.
Consulting Meinbers of the Board, and their Duties ; 5.
Members of Board to take oath of office and secrecy; 6.

Members of Board not to derive profit for discharging their Duties, except as provided ; 7

Powers and meetings of Board; 8 to 13.
Appointment and Duties of Secretary, Clerk and Inspector-general; 14 to 17.
Oath to be taken by Officers; 18.
Sheriff to visit Asylums, and report to the Board ; 19.
Justices of Peace, and Ministers and Friends may visit; 20, 21.
On application for License, Plan of House to be exhibited ; 22.

Licenses to keep Private Asylums to be granted by the Board, and may be temporarily continued or transferred; 23 to 25.

Sums to be paid for orders of Admission to public Asylums ; 26.

Monies received for Licenses to be deposited in Bank; Payment of Salaries and Expenses, &c.; 27.

As to the reception and keeping of Lunatics in Licensed Asylums and Houses ; 28 to 35.

Expense attending the committing and maintenance of Lunatics, how to be borne ; 36.

Medical attendance upon Private Asylums; 37.
Appointment and Duties of Medical Inspectors; 38.
Qualification of Medical Persons ; 39.

Districts for Asylums for Pauper Lunatics fixed, and Appointment and Duties of District Boards; 40 to 43.

District Asylums not liable to Taxation; 44.
Expense of District Asylums how to be raised and defrayed ; 45, 46.

Property held in trust for establishment of an Asylum may be contributed in lieu of Assessment; 47.



County making over Asylum to District Board, to have deduction of Value; 48.
Right of Accommodation may be bought up; 49.
Saving to Crichton Institution; 50.
Powers of District Boards relative to Asylums; 51 to 54.
Notice to be given of District Asylum being ready for reception of Patients ; 55.
Provision for neglect in execution of Act; 56.
Charge for Pauper Lunatics, and application of Monies received ; 57.
District Boards to keep Books ; 58.
Pauper Lunatic held to belong to Parish of Settlement; 59.
Expense and Maintenance of Pauper Lunatics to be provided for; 60 to 63.

may commit dangerous Lunatics, and transınit Lunatics to another County ; 64, 65.

Detention of Lunatics in remote Places ; 66.
Removal and Liberation of Lunatics; 67 to 69.

Pauper Lunatics to be sent to Asylum of the District, or may be kept in their Parishes; 70.

Repeal in part of 8 & 9 Vict., c. 83; 71.
Registers of Lunatics to be kept; 72 to 74.
Penalty for maltreating Lunatics; 75.

Decision of the Board in case of differenc withe District Board to be referred to the Lord Advocate, whose decision shall be final.

Power to Lord Advocate to inspect Books of Board ; 77.
Penalty on false Statements, or refusal to comply with Act; 78.
Board to report annually to Secretary of State ; 79.
Orkney and Shetlaud to be separate Counties ; 80.
Recovery and Application of Penalties; 81, 82.
Proceedings not to be void for want of form; 83.

Powers granted to Sheriffs to be without prejudice to their Powers at Law; 84.

Act may be altered or repealed ; 85.

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To amend the Law of Scotland relative to the Care and

Custody of Lunatics, and for the better Regulation of
Lunatic Asylums, and for the Establishment of Asylums
for Pauper Lunatics.


[N.B.The Clauses marked (A.) to (Y.), and Schedule (G.), were added

by the Committee.]


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HERÈas an Act was passed in the fifty-fifth year

of Preamble : the reign of his Majesty King George the Third, inti

55 G. 3, c. 69. tuled, “ An Act to regulate Madhouses in Scotland :"


And whereas another Act was passed in the ninth year of the reign 9 G. 4, c. 34. of his Majesty King George the Fourth, intituled, “ An Act for altering and amending an Act passed in the fifty-fifth year of the reign of his late Majesty, intituled, “ An Act to regulate Madhouses in Scotland :'”

c. 60.

And whereas another Act was passed in the Session of Parliament 4 & 5 Vict. 10 holden in the fourth and fifth years of the reign of Her present

Majesty, intituled, “ An Act to alter and amend certain Acts regu-
lating Madhouses in Scotland, and to provide for the Custody of
dangerous Lunatics :"

And whereas it is expedient that the said recited Acts should be
15 repealed, and that more efficient provision should be made for the

regulation of Lunatic Asylums, and for securing and providing for the
custody of pauper and dangerous Lunatics in Scotland;

BE it Enacted, by The QUEEN's most Excellent MAJESTY, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by 450.


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Repeal of the the Authority of the same, THAT from and after the First day or
recited Acts.

January One thousand eight hundred and Forty-nine, the said recited
Acts shall be and are hereby repealed.

2. Officers to

under the

And be it Enacted, That the Inspectors, resident medical officers, recalled, and keepers, attendants, and all other officers or servants appointed under

orders made or in virtue of the said recited Acts hereby repealed, or any of them,
repealed Acts shall continue to discharge the duties of their respective offices until
to be good.

they shall be re-appointed or superseded by the appointment of other
persons, officers and servants, to discharge the duties now performed by
them; and all licenses beretofore granted under the said recited Acts, 10
or any of them, shall remain in force until the expiration of the periods
for which they were respectively granted under the said recited Acts,
or until they are revoked under the powers of this Act; and all
orders, matters and things granted, made, done or directed to be done
in pursuance of the said recited Acts, or any of them, shall be and 15
remain as good, valid and effectual to all intents and purposes as if
the said Acts had not been repealed, excepting in so far as such orders,
matters or things are expressly made void or affected by this Act;
and all fees, charges, liabilities and expenses due, payable or prestable
under the said Acts, or any of them, shall be payable and prestable 20
from the same funds and sources as would have been applicable to
such payments, and otherwise in the like manner as if the said Acts
had not been repealed.

3. Interpretation of words.

And be it Enacted, That the following words and expressions in
this Act shall have the meanings hereby assigned to them, unless 25
there be something in the subject or context repugnant to such con-
struction ; (that is to say) the words “ the Board” shall mean the
General Board hereby established for the superintendence and care
of asylums and lunatics under this Act; the words “ Public Asylum”
shall mean and include all such hospitals, madhouses or asylums as 30
are or shall be established for the custody of lunatics by Act of Par-
liament or Royal Charter, or under any deed or mortification by which
the maker thereof has directed the appropriation of funds to the
establishing and maintaining any lunatic asylum or hospital, or any
establishment administering funds for charitable purposes without any 35
view to any pecuniary gain or profit arising to the establishment or to the
estate or funds of the trust or charity, and also all hospitals, madhouses
or asylums, other than district asylums, into which lunatics committed
by order and certificate, as hereinafter provided, cannot be refused
access or reception without special cause shown; the words “Private 40
Asylum” shall mean and include all such licensed madhouses or asylunis
as are established for the reception of more than one lunatic under
the provisions of this Act, and kept for the pecuniary gain or profit of
the proprietors or keepers thereof or others interested therein, and into

which the admission of lunatics is a matter of arrangement between the keeper thereof and the party seeking or promoting the reception of the lunatic therein; the words “ District Asylum” shall mean the

asylum of the district described in the Schedule (H.) hereunto 5 annexed within which the asylum shall be situated, or which shall be

provided as the asylum of such district under this Act; the words “House in terms of this Act” shall mean any house in which a single lunatic is kept under an order of the Sheriff ; the word

Superintendent” shall mean the person or persons having the 10 management or charge of any asyluın, and shall include the pro

prietor, and all persons having any pecuniary interest therein, or in the profits to be derived therefrom ; the words “ Medical Person,” shall mean any person beirg a member or licentiate of one or

other of the Royal Colleges of Physicians or Surgeons in Edin15 burgh or London, or holding a diploma from the faculty of Phy

sicians and Surgeons of Glasgow, or being a fellow or licentiate of the King and Queen's College of Physicians in Dublin, or of the College of Surgeons in Dublin, or holding the degree of

Doctor of Medicine from one of the Universities of Scotland, England 20 or Ireland, or having a right to practise medicine or surgery, from

having served in the army or navy; the word “ Lunatic” shall mean and include any mad or furious or fatuous person, or person so diseased or affected in mind as to render him unfit, in the opinion of

competent medical persons, to be at large, either as regards his own 25 personal safeiy and conduct or the safety of the persons and property

of others, or of the public; the word “ Sheriff” shall mean the Sheriff of and acting in the county of which he is Sheriff, and shall include the Sheriff Substitutes ; the words “ Sheriff Clerk” shall mean the

Sheriff Clerk, and Sheriff Clerk Depute of the county of which he is. 30

Sheriff Clerk, and shall include Steward Clerk, and Steward Clerk Depute; words importing the singular number shall include the plural number, and words importing the plural number shall include the singular number; words importing the masculine gender shall include

females; the word “ Person” and the word “ Owner” shall extend 35 to trustees and to bodies politic or corporate as well as to individuals;

the word “ Month” shall mean calendar month; and the word “ Oath” shall include affirmation in the case of Quakers, or other declaration or solemnity legally substituted for an oath, in the case of persons exempted by law from taking an oath.


And be it Enacted, That a General Board of Directors shall be and


General Board is hereby established for carrying into effect the purposes of this Act; established. and the said Board shall consist of the following persons; namely, of a person to be appointed by Her Majesty, who shall be the permanent Chairman of the said Board, and to whom there shall be paid a salary not exceeding Eight hundred Pounds per annum; the Solicitor-General 450.


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