lunatic mar

marriage to be

void.

51 G. 3, c. 37. George the Second, to prevent the marriage of lunatics: And whereas it is expedient that the provisions of the said act should be extended to Ireland: Be it therefore enacted by the King'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 the authority of the Persons found same, That, from and after the expiration of ten days after rying before the passing of this act, in case any person who has been, or declared sane, at any time hereafter shall be found a lunatic by any inquisition taken or to be taken by virtue of a commission under the Great Seal of Great Britain, or the Great Seal of Ireland respectively, or any lunatic or person under a phrenzy, whose person and estate by virtue of any act of Parliament now or hereafter shall be committed to the care and custody of particular trustees, shall marry before he or she shall be declared of sane mind by the Lord High Chancellor of Great Britain or Ireland, or the Lord Keeper or Lords Commissioners of the Great Seal of Great Britain or Ireland for the time being, or such trustees as aforesaid, or the major part of them respectively, as the nature of the case shall require, every such marriage shall be and is hereby declared to be null and void to all intents and purposes whatsoever.

4 Geo. 4, c. 76, s. 17. In case the

father, mo

dian a

minor desi

rous of marrying be non

application

to Lord Chancellor, &c.;

4 Geo. 4, c. 76, s. 17.—A. D. 1823.

AND be it further enacted, That in case the father or fathers of the parties to be married, or one of them, so under age as aforesaid, shall be non compos mentis, or the guardian ther, or guar- or guardians, mother or mothers, or any of them whose consent is made necessary as aforesaid to the marriage of such party or parties, shall be non compos mentis, or in parts beyond compos mentis, the seas, or shall unreasonably or from undue motives refuse may be made or withhold his, her, or their consent to a proper marriage, then it shall and may be lawful for any person desirous of marrying in any of the before-mentioned cases to apply by petition to the Lord Chancellor, Lord Keeper, or the Lords Commissioners of the Great Seal of Great Britain for the time being, Master of the Rolls, or Vice-Chancellor of England, who is and are respectively hereby empowered to proceed upon such petition in a summary way; and in case the marriage ration, having proposed shall, upon examination, appear to be proper, the the same ef- said Lord Chancellor, Lord Keeper, or Lords Commissioners of the Great Seal for the time being, Master of the Rolls, or Vice-Chancellor, shall judicially declare the same to be so; and such judicial declaration shall be deemed and taken to be as good and effectual, to all intents and purposes, as if the father, guardian or guardians, or mother of the person so petitioning had consented to such marriage.

who may make decla

fect as consent.

LUNATICS CHARGED WITH OFFENCES.

39 & 40 Geo. 3, c. 94.

c. 94.

case of any

son, &c., provsane, to de

ted by them

An Act for the safe Custody of Insane Persons charged with 39 & 40 G. 3, Offences. [28th July, 1800.] WHEREAS persons charged with high treason, murder, or Preamble. felony, may have been or may be of unsound mind at the time of committing the offence wherewith they may have been or shall be charged, and by reason of such insanity may have been or may be found not guilty of such offence, and it may be dangerous to permit persons so acquitted to go at large: be it therefore enacted, by the King'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 the authority of the same, That in all cases The jury, in where it shall be given in evidence upon the trial of any per-person chargson charged with treason, murder, or felony, that such person ed with treawas insane at the time of the commission of such offence, and ing to be insuch person shall be acquitted, the Jury shall be required to clare whether find specially whether such person was insane at the time of he was acquitthe commission of such offence, and to declare whether such on account of insanity, and person was acquitted by them on account of such insanity; the court shall and if they shall find that such person was insane at the time order him to of the committing such offence, the court before whom such tody till his trial shall be had, shall order such person to be kept in strict pleasure be custody, in such place and in such manner as to the court shall seem fit, until his Majesty's pleasure shall be known; and it shall thereupon be lawful for his Majesty to give such order for the safe custody of such person, during his pleasure, in such place and in such manner as to his Majesty shall seem fit; and in all cases where any person, before the passing of this act, has been acquitted of any such offences on the ground of insanity at the time of the commission thereof, and has been detained in custody as a dangerous person by order of the court before whom such person has been tried, and still remains in custody, it shall be lawful for his Majesty to give the like order for the safe custody of such person, during his pleasure, as his Majesty is hereby enabled to give in the cases of persons who shall hereafter be acquitted on the ground of insanity.

be kept in cus

Majesty's

known, &c.

dicted for any

upon arraign

II. And be it further enacted, That if any person indicted Persons infor any offence shall be insane, and shall upon arraignment offence, and be found so to be by a jury lawfully impanneled for that pur- ment found to pose, so that such person cannot be tried upon such indict- be insane, or ment, or if upon the trial of any person so indicted such per- they shall be

M M

if upon trial

c. 94.

the court shall

be kept in custody till his Majesty's pleasure be known.

39 & 40 G. 3, son shall appear to the jury charged with such indictment to be insane, it shall be lawful for the court before whom any so found such person shall be brought to be arraigned or tried as aforeorder them to said, to direct such finding to be recorded, and thereupon to order such person to be kept in strict custody until his Majesty's pleasure shall be known; and if any person charged with any offence shall be brought before any court to be discharged for want of prosecution, and such person shall appear to be insane, it shall be lawful for such court to order a jury to be impanneled to try the sanity of such person; and if the jury so impanneled shall find such person to be insane, it shall be lawful for such court to order such person to be kept in strict custody, in such place and in such manner as to such court shall seem fit, until his Majesty's pleasure shall be known; and in all cases of insanity so found, it shall be lawful for his Majesty to give such order for the safe custody of such person so found to be insane, during his pleasure, in such place and in such manner as to his Majesty shall seem fit (a). III. And, for the better prevention of crimes being committed by any mitted by persons insane, be it further enacted, That if any count of being person shall be discovered and apprehended under circumstances that denote a derangement of mind, and a purpose of except by two committing some crime, for which, if committed, such person justices, &c. would be liable to be indicted, and any of his Majesty's justices of the peace before whom such person may be brought shall think fit to issue a warrant for committing him or her as a dangerous person suspected to be insane, such cause of commitment being plainly expressed in the warrant, the person so committed shall not be bailed except by two justices of the peace, one whereof shall be the justice who has issued such warrant, or by the court of general quarter sessions, or by one of the justices of his Majesty's courts in Westminster Hall, or by the Lord Chancellor, Lord Keeper, or Commissioners of the Great Seal (b).

Persons com

justice on ac

dangerous and insane shall

not be bailed

The Privy Council

cretaries of

State may

to gain admittance to his Majesty to be

IV. And whereas insane persons have, at different times, One of the Se- endeavoured to gain admittance to his Majesty's presence, by intrusion on his Majesty's palaces and places of residence and cause persons otherwise, and his Majesty's person may be endangered by appearing to be insane and reason of the insanity of such persons: be it therefore enacted, endeavouring That if any person who shall appear to be insane shall endeavour to gain admittance to his Majesty's presence, by intrusion on any of his Majesty's palaces or places of residence, or otherwise, so that there may be reason to apprehend that his Majesty's person may be endangered, it shall be lawful for his Majesty's Privy Council, or one of his Majesty's principal Secretaries of State, to cause such person to be brought before them or him; and if upon examination it shall appear

kept in custo

dy till the insanity of such

person be in

quired into in the manner herein directed, &c.

(a) See ante, pp. 470, 471.

(b) See ante, pp. 471, 472.

c. 94.

that there is reason to apprehend such person to be insane, 39 & 40 G. 3, and that the person of his Majesty may be endangered by reason of the insanity of such person, it shall be lawful for his Majesty's Privy Council, or one of his Majesty's principal Secretaries of State, to order such person to be kept in safe custody in such place, and in such manner, as according to circumstances shall be ascerteined; and for such purpose, it shall be lawful for the Lord Chancellor, Lord Keeper, or Lords Commissioners for the custody of the Great Seal of Great Britain, to award a commission under the said Great Seal, directed to certain commissioners to be therein named, to inquire into the sanity of such person, and whether the person of his Majesty may be endangered by reason of the insanity of such person, and for such purpose to direct the sheriff of the county where such person shall be, to summon a jury to try the sanity of such person, and whether his Majesty's person may be endangered by reason of the insanity of such person, in the same manner as juries are summoned to try the sanity of persons on a commission in the nature of a writ de lunatico inquirendo; and if upon the inquisition so taken it shall be found that such person is so far insane that the person of his Majesty may be endangered by reason of the insanity of such person, it shall be lawful for the Lord Chancellor, Lord Keeper, or Lords Commissioners for the custody of the Great Seal for the time being, to take order for the safe custody of such person so long as there shall be reason to apprehend that the person of his Majesty may be endangered by reason of the insanity of such person; and if it shall afterwards appear that such person shall have recovered the use of his or her reason, so that there shall be no longer any reason to apprehend any danger to his Majesty's person from the insanity of such person, it shall be lawful for the Lord Chancellor, Lord Keeper, or Lords' Commissioners for the custody of the Great Seal for the time being, to inquire into the fact by such means as to him or them shall seem proper; and if it shall appear to his or their satisfaction, that such person has so far recovered the use of his or her reason, that there is no ground for apprehending any danger to his Majesty's person from the insanity of such person, it shall be lawful for the said Lord Chancellor, Lord Keeper, and Lords Commissioners respectively, to direct such person to be discharged from custody, either absolutely or conditionally, or under restrictions, as to him or them shall seem meet.

COUNTY LUNATIC ASYLUMS IN ENGLAND.

9 Geo. 4, c. 40.

9 Geo. 4, c. 40. An Act to amend the Laws for the Erection and Regulation of County Lunatic Asylums, and more effectually to provide for the Care and Maintenance of Pauper and Criminal Lunatics, in England. [15th July, 1828.]

WHEREAS it is expedient that the several statutes now in force in that part of the United Kingdom called England, relating to the care and maintenance of lunatics, being paupers or criminals, should be amended and consolidated into one act, and that such other provision should be made as will facilitate the erection of county lunatic asylums, and improve the treatment of pauper and criminal lunatics; be it therefore enacted by the King'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 the authority of the same, That the several acts hereinafter mentioned, viz. an act passed in the seventeenth year of the reign of his Majesty King George the Second, intituled An act to amend and make more effectual the laws relating to rogues, vagabonds, and other idle and disorderly persons, and to Houses of Correction, so far as relates to lunatics to be confined by warrant of justices; and also an act passed in the forty-eighth year of the reign of his late Majesty King 48 G 3, c. 96. George the Third, intituled An act for the better care and

Repeal of 17 G2. c. 5, s.

20 & 21.

maintenance of lunatics, being paupers or criminals, in England; and also an act passed in the fifty-first year of the 51 G. 3, c. 79. reign of his said late Majesty, intituled An act to amend an act of the forty-eighth year of his present Majesty, for the better care and maintenance of lunatics, being paupers or criminals, in England; and also an act passed in the fifty-fifth 55 G. 3, c. 46. year of the reign of his said late Majesty, intituled An act to amend an act passed in the forty-eighth year of his present Majesty, intituled An act for the better care and maintenance of lunatics, being paupers or criminals, in England;' and also an act passed in the fifty-sixth year of the reign of his said late Majesty, intituled An act to amend an act passed in the thirty-ninth and fortieth years of the reign of his present Majesty, for the safe custody of insane persons charged with offences; and also an act passed in the fifty-ninth year of the 59 G. 3, c. 127. reign of his said late Majesty, intituled An act for making provision for the better care of pauper lunatics in England; and also an act passed in the fifth year of the reign of his 5 G. 4, c. 71. present Majesty, intituled An act to amend several acts passed for the better care and maintenance of lunatics, being paupers or criminals, in England, shall be and the same are here

56 G. 3, c. 117.