c. 107. TREATMENT OF INSANE PERSONS IN ENGLAND. 2 & 3 Will. 4, c. 107.-11th August, 1832. 2 & 3 Will. 4, An Act for regulating for Three Years, and from thence until the End of the then next Session of Parliament, the Care and Treatment of Insane Persons in England. WHEREAS an act was made in the ninth year of the 9 Geo. 4, c. 41. reign of his late Majesty King George the Fourth, intituled An Act to regulate the care and treatment of insane persons in England, and which act was amended by another act made in the tenth year of the reign of his said late Majesty, 10 G. 4, c. 18. intituled An act to explain, amend, and alter the act of the ninth year of the reign of his present Majesty, for regulating the care and treatment of insane persons in England: And whereas it is expedient that the provisions of the said acts should be amended and consolidated, for the more effectually carrying into execution the purposes thereof: 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 Recited acts the authority of the same, That from and after the passing of this act, the said recited acts of the ninth and tenth years of pointments to the reign of his late Majesty King George the Fourth shall be and the same are hereby repealed: Provided always, that until the appointment of commissioners and visitors, and their respective clerks, under the provisions of this act, the authority of the commissioners and visitors, and of their respective clerks, appointed under the said recited acts, shall continue as if given by this act; and that all matters and things at any time done or directed to be done by them respectively under the said recited acts or this act shall be and remain as good, valid, and effectual, to all intents and purposes, as if the said recited acts had not been repealed, and as if such commissioners and visitors and clerks had been appointed under this act, except so far as specially altered by this act as to the visitation of single patients. repealed; but existing ap continue until others are made. Interpreta words used in this act. II. And inasmuch as, in order to avoid unnecessary repetion of certain tition, and to remove doubts as to the meaning of certain words in this act, be it enacted, That the word "county" shall be deemed to include any county, riding, division of the county of Lincoln, liberty, county of a city, county of a town, city, cinque port, or town corporate; that the word "parish" shall be deemed to include any township, hamlet, vill, tithing, extra-parochial place, or place maintaining its own poor; that the words "county rate" shall be deemed to include any funds assessed upon or raised in or belonging to any county, riding, division of the county of Lincoln, liberty, county of a city, c. 107. county of a town, cinque port, or town corporate, in the na- 2 & 3 Will. 4, ture of county rates, and applicable to the purposes to which county rates are applicable; that the word "visitor" shall be deemed to include all justices, physicians, surgeons, or apothecaries appointed at a general or adjourned quarter sessions to visit houses of reception for two or more insane persons; that the words "insane persons" shall be deemed and construed to extend to all persons who are idiot, lunatic, or of unsound mind; that the words "parish pauper" shall be deemed to include every person sent to and maintained at any house licensed under this act, wholly or in part at the expense of any parish; that the word "proprietor" shall be deemed to include every person exercising any superintending or proprietary duties in any house licensed under this act; that the words "clerk of the peace" shall be deemed to include any person acting as such, or any deputy duly appointed; that the word "physician" shall be deemed to include any fellow or licentiate of the Royal College of Physicians in London; that the word "surgeon" shall be deemed to include any member of the Royal College of Surgeons in London; and that the word "apothecary" shall be deemed to include any person authorized to practise as such under an act passed in the fifty-fifth year of the reign of his late Majesty King George the Third, intituled An act for the better regulating the practice of apo- 55 G. 3, c. 194. thecaries thoughout England and Wales, or under an act passed in the sixth year of the reign of his late Majesty King George the Fourth, intituled An act to amend and explain the 6 G. 4, c. 133. said act of the fifty-fifth year of his late Majesty (a); and the words "treasurer of the county" shall be deemed to include any officer who has the custody of any funds assessed upon or raised in or belonging to any county, riding, division of the county of Lincoln, liberty, county of a city, county of a town, cinque port, or town corporate, in the nature of county rates, and applicable to the purposes to which county rates are applicable: And further, that in the construction of this Construction act, in cases where the singular number only is used, the word importing the singular number shall be held to include and shall be applied to several persons or things as well as one person or thing, in the same manner as if the plural number had been also used; and in cases where the plural number only is used the word importing the plural number shall be held to include those applied to one person or thing as well as several persons or things, in the same manner as if the singular number had also been used; and where any word in this act shall import the masculine gender only the same shall be held to include and be applied to females as well as males, in the same manner as if a word importing the feminine gender had been also used: Provided always, that the provisions of the present clause shall in each case apply only so far as the ap (a) See ante, p. 559, n. (g). of act. 2 & 3 Will. 4, plication thereof shall be consonant with or not repugnant to the subject and context of this act. c. 107. Lord Chan appoint Commissioners within Lon whom four or five to be physicians. III. And be it further enacted, That it shall and may be cellor, &c., to lawful for the Lord Chancellor or the Lord Keeper or Commissioners (b) of the Great Seal of Great Britain, or other the don, &c.; of person or persons for the time being intrusted by virtue of the King's sign manual with the care and commitment of the custody of the persons and estates of persons found idiot, lunatic, or of unsound mind, annually, on the first day of September in every year, or within ten days then next following, by an instrument under his hand and seal, to appoint, at his discretion, not less than fifteen nor more than twenty persons to be commissioners, during the space of one year, for licensing and visiting all houses for the reception of two or more insane persons, to be situate within the cities of London and Westminster, the county of Middlesex, the Borough of Southwark, and also within the several parishes and places hereinafter enumerated; (videlicet) Brixton, Battersea, Barnes, Saint Mary Magdalen Bermondsey, Christ Church, Clapham, Saint Giles Camberwell, Dulwich, Saint Paul Deptford, Gravenay, Kew Green, Kennington, Saint Mary Lambeth, Mortlake, Merton, Mitcham, Saint Mary Newington, Norwood, Putney, Peckham, Saint Mary Rotherhithe, Roehampton, Streatham, Stockwell, Tooting, Wimbledon, Wandsworth, and Walworth, in the county of Surrey; Blackheath, Charlton, Deptford, Greenwich, Lewisham, Lee, Southend, and Woolwich, in the county of Kent; and East Ham, Layton, Laytonstone, Low Layton, Plaistow, West Ham, and Walthamstow, in the county of Essex; and to be called "The Jurisdiction Metropolitan Commissioners in Lunacy;" of which commis of Commis sioners. sioners not less than four nor more than five, at the discretion of the said Lord Chancellor or other the person or persons intrusted as aforesaid, shall be physicians, and two barristers; and the jurisdiction of the said Metropolitan Commissioners shall be deemed to include any township, liberty, tithing, vill, or any other extra-parochial place within the cities of London and Westminster, and within seven miles thereof, and within the county of Middlesex, any thing herein contained to the contrary notwithstanding; and the said Lord Chancellor, or other the person or persons intrusted as aforesaid, shall cause the names of such commissioners to be published in the London Gazette within ten days after their apCommission-pointment; and the said commissioners are hereby empowered to grant licences (if they shall think fit) in the manner directed by this act for persons to keep houses for the reception of two or more insane persons, of one or both sexes, as the said commissioners shall think fit, within the jurisdiction of ers to grant licences for houses. (b) The powers given by this act to the Lord Chancellor, &c, were by the 9 Geo. 4, c. 41, vested in the Se cretary of State for the Home Department. See ante, p. 478. c. 107. the said commissioners; and every commissioner shall be 2 & 3 Will. 4, allowed and paid his travelling expenses while employed in Allowance to executing the duties of his office; and each and every such Commissioncommissioner, being a physician as aforesaid, shall be allowed ers. and paid the sum of one pound for every hour he shall be employed in executing the duties of the office of commissioner, exclusive of travelling expenses. death or re others to be IV. And be it further enacted, That as often as any of the In case of commissioners to be appointed as aforesaid shall die, or refuse fusal of Comto act, or become unable, by illness or otherwise, it shall and missioners, may be lawful for the Lord Chancellor, or other the person or appointed. persons intrusted as aforesaid, by an instrument under his hand and seal, to appoint a commissioner in the room of every commissioner who shall die, or refuse or become unable to act; and the name of such new commissioner shall be published, within ten days after his appointment, in the London Gazette. ers to take the V. And be it further enacted, That every person who shall Commissionbe appointed a commissioner as aforesaid shall, before he acts following in the execution of his duty as a commissioner, take an oath, oath. or, if a quaker, make a solemn affirmation, to the following effect; (that is to say)— 'I, A. B. do swear, [or solemnly affirm], That I will discreetly, impartially, and faithfully execute all the trusts com'mitted unto me by virtue of an act of Parliament made in the year of the reign of his Majesty King William the Fourth, intituled An act for regulating for three years, and 'from thence until the end of the then next session of Parliament, the care and treatment of insane persons in England; and that 'I will keep secret all such matters as shall come to my know'ledge in the execution of my 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 on me by this act.' 'So help me GOD.' which oath or solemn affirmation it shall and may be lawful for the Lord Chancellor, or other the person or persons intrusted as aforesaid, to administer to every such commissioner so to be appointed as aforesaid; and any five of the said Metropolitan Commissioners, who shall have previously taken the oaths, are hereby authorized to administer such oath at any meeting held under the authority of this act. VI. And be it further enacted, That the said Lord Chan- Treasurer or cellor, or other the person or persons intrusted as aforesaid, is clerk to appointed; hereby empowered, by an instrument under his hand and seal, to appoint during pleasure a fit person to be treasurer or clerk to the said Metropolitan Commissioners, and to allow such person such salary for his trouble as the Lord Chancellor, or other the person or persons intrusted as aforesaid, shall think reasonable, exclusive of the fees to be received by him under 2 & 3 Will. 4, this act; and all official duties to be performed by such clerk c. 107. (except as hereinafter is excepted) shall be subject to the inspection, direction, and controul of the said commissioners. VII. And be it further enacted, That every such person so the following appointed shall, at the first meeting of the said Metropolitan Commissioners next after his appointment, take the following oath, to be administered by any one of such commissioners: and to take oath. Meetings of ers to grant li cences. 'I, A. B. do swear, That I will faithfully execute all such ' trusts as shall be committed to my charge as treasurer and ' clerk to the Metropolitan Commissioners in lunacy for exe'cuting an act of Parliament made in the second and third 'year of the reign of his Majesty King William the Fourth, 'intituled An act for regulating for three years, and from 'thence until the end of the then next session of Parliament, 'the care and treatment of insane persons in England; and 'that I will keep secret all such matters as shall come to 'my knowledge in the execution of my office, (except when ' required to divulge the same by legal authority); and that I am not, nor have been at any time within the two last years, 'directly or indirectly concerned or interested in keeping any 'house licensed for the reception of insane persons. 'So help me GOD.' ' VIII. And be it further enacted, That the said MetropoCommission litan Commissioners, or any five of them, two of whom at the least shall not be physicians as aforesaid, shall meet at such place as the said Lord Chancellor, or other the person or persons intrusted as aforesaid, may direct, on the first Wednesday in the months of November, February, May, and July in every year, in order to receive applications from persons requiring houses to be licensed for the reception of two or more insane persons within their jurisdiction, and (if they shall think fit) to license the same; and in case on any such occasion five such commissioners shall not then and there be present, the meeting shall take place on the next succeeding Wednesnesday, and so on weekly till such quorum of five shall be assembled for the above-mentioned purpose; and the said Commissioners assembled at every such meeting shall have power to adjourn such meeting from time to time and to such place as they shall see fit. Five commis assemble for general purposes at any of such meeting having IX. Provided also, and be it further enacted, That it shall sioners may and may be lawful to and for any five of the said Metropolitan Commissioners (two of whom at the least shall not be phytime, notice sicians as aforesaid) to assemble themselves when and as often as they shall think fit, for the purpose of executing and perbeen given by forming the several matters and things by this act intrusted to them, notice being given under their hands to require the clerk of the said commissioners to convene a meeting of the said commissioners; and the said clerk is hereby required and commanded duly to summon the rest of the said commission the clerk. |