LUNATIC ASYLUMS (SCOTLAND) 'BILI. [AS AMENDED BY THE SELECT COMMITTEE]. 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 Officers to continue till recalled, and orders made under repealed Acts to be good; 2.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 Members 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. Sheriff may commit dangerous Lunatics, and transmit 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 Shetland 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. 5 A BIL L [AS AMENDED BY THE SELECT COMMITTEE] To amend the Law of Scotland relative to the Care and [N.B.—The Clauses marked (A.) to (Y.), and Schedule (G.), were added by the Committee.] W HEREAS an Act was passed in the fifty-fifth year of Preamble: the reign of his Majesty King GEORGE the Third, inti tuled, "An Act to regulate Madhouses in Scotland :" 55 G. 3, c. 69. 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 regulating 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 1. recited Acts. Repeal of the the Authority of the same, THAT from and after the First day or January One thousand eight hundred and Forty-nine, the said recited Acts shall be and are hereby repealed. 2. Officers to continue till orders made under the repealed Acts to be good. 5 And be it Enacted, That the Inspectors, resident medical officers, recalled, and keepers, attendants, and all other officers or servants appointed under or in virtue of the said recited Acts hereby repealed, or any of them, shall continue to discharge the duties of their respective offices until 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 heretofore 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 construction; (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 Parliament 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 asylums 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 5 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 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 asylum, and shall include the proprietor, and all persons having any pecuniary interest therein, or in the profits to be derived therefrom; the words "Medical Person," shall mean any person being 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 Physicians 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 safety 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. 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. 30 40 4. 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 |