have knowledge (by notice from the medical officer or otherwise) that any pauper resident in such parish is deemed to be a lunatic, is to give notice thereof to some justice of the county, who shall thereupon make an order for the pauper to be brought before him or some other justice of such county; and the justice before whom the pauper shall be brought shall call to his assistance a physician, surgeon, or apothecary; and if upon examination of the pauper such medical man signs a certificate, to the effect that the pauper is a lunatic and a proper person to be taken charge of,—the justice, if satisfied, upon view or other proof, that such is the fact, shall make an order, directing the pauper to be received into the asylum of that county (h); or, under special circumstances, into some other asylum, registered hospital, or licensed house (i). And it is further provided, that any justice, acting upon his own knowledge, and without any notice as above, may examine any pauper deemed to be a lunatic, at his own abode or elsewhere; and, after such examination, shall proceed in all respects as if the pauper had been brought before him in pursuance of an order made for that purpose (k). And also, that if a pauper deemed to be a lunatic cannot, on account of his health or other cause, be conveniently taken before any justice for examination, he may be examined at his own abode or elsewhere by some clergyman officiating in the parish, in company with the relieving officer (or overseer): and, in such cases, the order for his reception into an asylum may be made, con (h) 16 & 17 Vict. c. 97, s. 67. As to the form of the certificate and order thereon (which are provided by the statutes), see sects. 67, 72; 25 & 26 Vict. c. 111, ss. 19-28. (i) 16 & 17 Vict. c. 97, s. 67. The superintendent of every hospital into which lunatics are received must apply to the commissioners of lunacy (as to whom vide post, p. 118) to have such hospital jointly, by such clergyman and relieving officer or overseer (1). And also that where a certificate of lunacy is signed by the medical officer of the parish or union wherein the pauper is resident, and also by some other medical man called in as aforesaid,-such joint certificate shall be received by the justice, (or by the clergyman and relieving officer or overseer,) as conclusive evidence of the fact of lunacy, and he or they shall make an order for the reception of the pauper accordingly (m). It is not, however, to the lunatic paupers, only, of the county, that admission into the asylum is allowed. Hither may be sent any lunatic (whether resident in the county or not) who, on examination by two justices, (assisted by a medical man,) is found to be meditating crime (n). An order for admission may moreover be made in respect of any person found in the county, who (whether a pauper or not) is wandering at large; or not under proper care or control; or is cruelly treated or neglected by the persons having the care of him (o); and where the asylum is more than sufficient for the accommodation of cases within the county, it is competent to the visitors to allow the admission of the pauper lunatics of any other county; or (if the visitors think fit) of lunatics who are not paupers (p). In the latter case, the visitors are at liberty to prescribe as the condition of admission, that the person by whom it shall be applied for shall give an undertaking for the due payment of the charge to be made for providing lodging, maintenance, and other necessaries for the lunatic; as to which it is provided, that a lunatic not being a pauper shall have the same accommodation in all respects as the pauper lunatics (q). In conclusion we may observe that in every case of the reception of a pauper lunatic, he shall (i) 16 & 17 Vict. c. 97, s. 67. (m) Ibid. (n) 1 & 2 Vict. c. 14. As to the asylum for lunatics who have already committed crime, vide post, p. 117. (0) 16 & 17 Vict. c. 97, s. 68. (p) Sect. 43. (4) Ibid. be chargeable to the parish from which he is sent, or to any other parish to which he can be shown to belong; or if it appears that his settlement cannot be ascertained, then to the county at large in which he was found (s). II. With regard to criminal lunatics, it is enacted by 3 & 4 Vict. c. 54 (amended by 27 & 28 Vict. c. 29), that if any person while in prison or other confinement under sentence of transportation, penal servitude, or imprisonment, or under a charge of any offence, or for failing to find bail, or in consequence of a summary conviction or order on other than civil process, shall appear to be insane, two or more of the visiting justices, or, failing them, two justices of the place where such prisoner is confined, shall, with the assistance of two physicians or surgeons by them selected, inquire into the alleged insanity, and if they shall certify the same, a secretary of state may order such person to be removed to any proper receptacle for insane persons (t); and if at any time it shall be made to appear to a secretary of state that there is good reason to believe (either from a certificate to that effect by the visiting justices or by other means whatsoever) that a prisoner in confinement under sentence of death is insane, he shall direct an inquiry by two or more physicians or surgeons, and, on their certificate, shall direct his removal to such a receptacle. And in all cases of removal the lunatic shall be kept in such receptacle till he is in like manner certified to be sane, when he is to be remitted to his former place of confinement, there to undergo the punishment to which he was sentenced. The proper (s) 16 & 17 Vict. c. 97, ss. 95-98, 102. (See Knowles v. Trafford, 7 Ell. & Bl. 152; Leeds v. Wakefield, ibid. 258.) If the parish be in a union the expense in regard to such pauper lunatic falls upon the "common fund." (See 24 & 25 Vict. c. 55, ss. 6, 7; 27 & 28 Vict. c. 29, s. 5; The Queen v. Heaton, 1 E. & E. receptacle for persons removable under the above provisions is one appropriated, under recent statutes, as an asylum for the custody and care of such criminals as shall become insane during their imprisonment, or of such persons as shall be acquitted at their trial on the ground of insanity under the 39 & 40 Geo. III. c. 94, to which reference will be made in a future place (u). For by 23 & 24 Vict. c. 75 (amended by 30 Vict. c. 12, and 32 & 33 Vict. c. 78), it is enacted that her majesty may, from time to time, by warrant under her royal sign manual, appoint that any asylum or place in England which has been provided for the purpose, shall be an asylum for criminal lunatics; and that the secretary of state may from time to time appoint any three or more persons to be a council of supervision thereof, and also a resident medical superintendent, chaplain, and such other officers and servants as he shall think necessary, and frame such rules for its guidance and management as may be required (x). He is also enabled to discharge any criminal therein confined, either absolutely or on conditions; and, if any condition be broken, to cause him to be recaptured (y). Moreover, he may permit any criminal lunatic to be absent on trial from his place of confinement on such conditions as he may think fit; and proper provisions are made in the Acts for the contingency of the term of punishment awarded to any criminal, who shall become lunatic, expiring before he recovers the use of his reason, and for keeping him in security till that event shall happen (z). III. The provisions which have been made to secure the proper treatment of lunatics, wherever confined, may be summarily stated as follows. By 8 & 9 Vict. c. 100, 16 & 17 Vict. cc. 96, 97, and 25 & 26 Vict. c. 111 (a), it is made a misdemeanor for (u) Vide post, vol. IV. p. 26. (x) 23 & 24 Vict. c. 75, s. 2. (y) 30 Vict. c. 12, s. 5. (z) Sect. 6. (a) This group of statutes are for some purposes included in the any person to receive two or more lunatics into any house, unless it is an asylum (b), or a hospital duly registered, or a house duly licensed under the provisions of some act of parliament for the reception of lunatics (c). And, as the general rule, no person can be legally received in a hospital, or licensed house, without a written order from the person sending him, and medical certificates of two physicians, surgeons or apothecaries, in such form as prescribed by the Acts (d). But in the case of a pauper lunatic, the order is to be under the hand of a justice of the peace, or the officiating clergyman and one of the overseers or the relieving officer of the parish to which he belongs; and the medical certificate is to be signed by one physician, surgeon or apothecary (e). Hospitals wherein lunatics may be received, must be registered under the sanction of the commissioners of lunacy (a board of persons comprising medical men and barristers, established by 8 & 9 Vict. c. 100, s. 3); and licences for keeping houses for such purpose, are granted by the same commissioners (for any period not exceeding at one time thirteen calendar months), in Middlesex, London, Westminster, Southwark, and all places within the range of seven miles from any part of London, Westminster, or Southwark, at a quarterly or special meeting of the Board: and, in other places, are granted by the justices for the county,-in general or quarter sessions assembled (ƒ). And many provisions are term "Lunacy Acts." (See 25 & 26 Vict. c. 111, s. 1.) (b) That is to say, a county (or borough) lunatic asylum, duly established and maintained under the provisions of some Act of Parliament. (See 8 & 9 Vict. c. 100, s. 114.) (c) 8 & 9 Vict. c. 100, s. 44. As to receiving one lunatic into an unlicensed house, see sect. 90; 16 & 17 Vict. c. 96, s. 8. (d) Sect. 4. See Fletcher v. Fletcher, 1 E. & E. 420. (e) Sect. 7. As to the formalities to be observed with respect to a pauper lunatic sent to the county (or borough) asylum, vide sup. p. 113. (f) 8 & 9 Vict. c. 100, ss. 14— 17. But before a licence can be granted by the justices, the house must be inspected by the Commissioners of Lunacy. (25 & 26 Vict. c. 111, s. 14.) |