No. II. 14 Geo. III. c. 49. At such Visitation to make Minutes, &c. Refusing Admittance, to forfeit Licence. Commissioners act Account. any other time or times within the hours aforesaid visit and inspect all such houses as often as they or any three or more of them shall think necessary, and shall have at all such times liberty and power to continue in such house and to examine the persons confined as lunatics therein, for such time as they shall think proper. XV. And be it further enacted, That the said commissioners or their secretary shall at every such visitation make minutes in writing of the state and condition of all such houses which they shall so visit as to the care of the patients therein and all such other particulars as they shall think deserve their notice, together with their observations thereupon; all which minutes shall within one week next after such visitation be by the said secretary entered by way of report in a register to be kept by him in the said College of Physicians for that purpose, and the same shall be read to and signed by the said commissioners or any three or more of them at their next meeting; but no minute which tends to impeach the character of any house shall be so entered, unless such minute shall have been previously signed by three or more of the said commissioners who shall have been present at such visitation; and in case the commissioners upon their visitation shall discover any thing that in their opinion shall deserve censure or animadversion, they shall in that case report the same; and such part of their report and no more shall be hung up in the censors' room of the college, to be perused and inspected by any person who shall apply for that purpose. XVI. And be it further enacted, That in case the keeper of any house or place for the reception of lunatics within the cities of London or Westminster or within seven miles distance thereof or within the county of Middlesex shall refuse all or any of the said commissioners at the time of their visitation admittance into such house or place as aforesaid with or without their secretary, the master or keeper of such house or place shall for such offence forfeit his licence. XVII. And be it further enacted, That the said commissioners or any to keep an ex- three or more of them shall from time to time cause an exact account to be kept of all their proceedings; and all such accounts shall be entered in the same register as the minutes taken at their visitations are directed to be entered as aforesaid; and the said register shall be lodged in the College of Physicians in a strong chest or box, which said chest or box shall be under the care of the beadle or housekeeper belonging to the said college, and shall be carefully locked up from time to time by the secretary to the said commissioners and the key thereof kept by such secretary; which said register shall be deemed to belong to the said commissioners, and the key of the said chest or box shall be delivered over to every succeeding secretary whenever the former secretary shall go out of office, and be kept by such succeeding secretary in manner aforesaid for the use of the said commissioners. President to inspect Regis ters. XVIII. Provided always, That the president of the said college shall have liberty to inspect the said register from time to time as often as he shall think proper, provided such inspection be made at the college and in the presence of the secretary to the said commissioners. On Application XIX. And be it further enacted, That if any person shall apply to one to Commission of the commissioners in order to be informed whether any particular perers, Secretary son or persons have been confined in any of the said licensed houses, and to make search. the said commissioners shall think it reasonable to permit such inquiry to be made, and shall sign an order directed to the secretary for that purpose; he the said secretary is hereby required upon the receipt of such order to make search upon his papers: and if it shall appear upon such search that the person or persons so inquired after have been con fined in any of the said houses, the said secretary shall immediately ac quaint the persons so applying with the name of the keeper in whose house and also the names of those by whose direction and advice such person or persons have been so confined. One Guinea to XX. And be it further enacted, That the said treasurer shall and is be paid, on each hereby required to pay to each of the said commissioners for every time Inspection, to each Commissioner. they shall in obedience to this Act or any requisition therein contained visit and inspect any such licensed house or place as aforesaid within the No. II. limits aforesaid the sum of one guinea; and shall also pay and discharge 14 Geo. III, all such reasonable expences of the said commissioners as they shall from time to time incur in the execution of this Act; and the said treasurer is hereby required from time to time to keep an exact and true account of all monies by him received and disbursed in relation to this Act, and shall enter such account in a book to be kept for that purpose; which book shall be lodged in the box or chest where the register of the proceedings of the said commissioners is directed to be kept as aforesaid; which accounts shall be produced to the president of the said college when required by the said president and elects to be examined and settled by them: and if upon such examination the said accounts shall appear to be just and reasonable, the same shall be allowed and signed by the said president and at least four of the elects, and shall be by the said president reported, together with the other accounts at the next general meeting of the said college; and the said account being so allowed signed and reported, shall be a full discharge to the said treasurer for so much money as shall in such account appear to have been disbursed by him on account of the execution of this Act. c. 49. XXI. And in order that the said commissioners may know when any Notice to be ⚫ patient is received into any such licensed house or place as aforesaid,' given, within Be it further enacted by the authority aforesaid, That the keeper of every Three Days such licensed house or place within the said cities of London and West- after Admission minster and within seven miles of the same and within the said county of Patients, by of Middlesex is hereby required within the space of three days after any the Keeper. patient shall be received into any such licensed house or place (except such pauper lunatics as shall happen to be sent there by parish officers) to cause notice thereof to be given to the secretary to the said commissioners, which notice shall contain the name of every such person received as a lunatic into such house or place, the name or names and place or places of abode of the person or persons by whose direction such lunatic was sent to such house or place, and also the name and place of abode of the physician surgeon or apothecary by whose advice such direction was given; all which notices shall be sent sealed up, directed How to be diTo the Secretary to the Commissioners for licensing Houses for the Recep- rected. tion of Lunatics:-To be left with the Beadle of the College of Physicians in London: all which notices the said beadle is hereby directed to receive and to deliver to the said secretary within two days after the same shall come to his hands; and the secretary is hereby required to file and preserve all such notices, and also to enter or cause a copy or extract thereof to be entered in the register within two days after the receipt of such notices; and every keeper of any such licensed house or place who shall Keepers adadmit harbour entertain or confine any person as a lunatic without mitting Lunahaving an order in writing under the hand and seal of some physician tics without an surgeon or apothecary, that such person is proper to be received into Order forfeit such house or place as a lunatic, or shall receive any lunatic into any 1007. such house or place having such order, and shall not give notice thereof to the secretary of the said commissioners within the time and in the manner aforesaid, shall forfeit and pay the sum of one hundred pounds. XXII. And, in order that such houses or places for the reception No more than ' of lunatics as are not situated within the limits aforesaid may be put one Lunatic to ⚫ under some regulation,' Be it further enacted, That no house which is be kept in any not within the said city of London or within seven miles of the same or House, &c. within the said county of Middleser shall be kept for the reception of more than one lunatic, unless such house or place shall be licensed by the justices of the peace at some quarter sessions of the peace to be holden for the county or place wherein such house or place shall be situated. Justices to XXIII. And be it further enacted, That the justices of the peace at any general quarter sessions of the peace to be holden for any such grant Licences county or place are hereby authorised and required to grant licences to at General Quarter Sessions; and receive, &c. No. II. c. 49. such person and persons as shall apply for that purpose, such person or 14 Geo. III. persons paying for each licence the sums following; (that is to say), for each and every house wherein there shall be kept any number of lunatics, not exceeding ten, the sum of ten pounds and no more; and for each and every house wherein there shall be kept above the number of ten lunatics the sum of fifteen pounds and no more; and that no one licence shall authorise any person or persons to keep more houses than one for the reception of lunatics, nor shall any such licence be granted for any longer term than for one year; and the said justices shall at the time of granting such licences as aforesaid nominate and appoint two justices of the peace for the said county and also one physician to visit and inspect all such houses as shall be licensed by such justices as aforesaid; and the said justices and physicians so nominated and appointed, or any two of them, whereof the physician to be one, may and are hereby authorised and empowered to visit in the day-time every house so licensed within the county where such house or place shall be so licensed, as often as they shall think fit. Justices, at Visitations, to &c. XXIV. And be it further enacted, That the said justices and physician so nominated, or such of them as shall visit any licensed house as make Minutes, aforesaid, may at every visitation if they think necessary make or cause to be made minutes in writing of the state and condition of every house which they shall visit as to the care of the patients therein, and all such other particulars as they shall think deserve their notice, together with their observations thereupon; all which minutes shall be entered by way of report in a register to be kept for that purpose by the clerk of the peace for the county where such house or houses shall be licensed as aforesaid, a copy whereof shall from time to time be sent by the said clerk of the peace to the secretary to the said commissioners, to be by him inserted in a separate register; which register shall be kept in the same box and in the same manner as the register belonging to the said commissioners is herein-before directed to be kept; and the said clerk of the peace shall be paid such sum and sums of money for his trouble in the execution of this Act as the said justices shall order and direct; and all money to be paid for such licences as shall be granted by the said justices of the peace as aforesaid shall be paid to the clerk of the peace as aforesaid, who shall keep an account thereof in a book or books to be kept for that purpose, and shall account for the same to the said justices as often as he shall be required so to do; and all expences attending the execution of this Act (except within the cities of London and Westminster and within seven miles thereof and also except within the said county of Middlesex) shall be defrayed out of such money as aforesaid, in such manner as the said justices shall from time to time within their respective counties order and direct. Clerk of the Peace to take Keepers refusing Admittance forfeit Licence. If Keeper do XXV. And be it further enacted, That at such general quarter session, when such justices and physicians shall be appointed as aforesaid, the clerk of the peace shall take the like oath as is appointed by this Act to be taken by the secretary of the commissioners. XXVI. And be it further enacted, That in case the keeper of any house or place for the reception of lunatics, not being within the said city of London or Westminster or within seven miles of the same or within the said county of Middlesex, shall in the day-time refuse the said justices and physician, on such visitation, admittance at any time or times into such house or place as aforesaid, the master or keeper of such house or place shall for such offence forfeit his licence. XXVII. And be it further enacted by the authority aforesaid, That the keeper of any house or place for the reception of lunatics, not being within the said city of London or Westminster or within seven miles of the same or within the said county of Middlesex, shall and is hereby required to give notice as aforesaid, of the receipt of every such lunatic (except such pauper lunatics as shall happen to be sent there by parish officers) to the secretary to the commissioners at the College of Physicians aforesaid within the space of fourteen days from the time of such luna No. II. c. 49. tic's being received into any such house or place; and every keeper of any such licensed house or place who shall admit harbour entertain or confine any person as a lunatic without having an order in writing under 14 Geo. III. the hand and seal of some physician surgeon or apothecary that such person is proper to be received into such house or place as a lunatic, or shall receive any lunatic into any such house or place having such order, and shall not give notice thereof to the secretary of the said commissioners, within the time and in the manner aforesaid, shall forfeit and pay the sum of one hundred pounds. XXVIII. And be it further enacted, That no such licence shall be No Licence to granted as aforesaid, either by the said commissioners or justices of the be granted peace as aforesaid, unless upon granting such licence the person to without Recog whom such licence is granted shall enter into recognisance to the King's nisance. Majesty his heirs and successors in the sum of one hundred pounds, with two sufficient sureties each in the sum of fifty pounds, or one sufficient surety in the sum of one hundred pounds, under the usual conditions for the good behaviour of such persons during the time for which such licence shall be granted. licensed &c. XXIX. And be it further enacted by the authority aforesaid, That the Chancellor to Lord High Chancellor of Great Britain or Lord Keeper or the Commis- order Commismisioners for the custody of the Great Seal or the Lord Chief Justice of sioners, or Justhe Court of King's Bench or the Lord Chief Justice of the Court of tices, to inspect Common Pleas for the time being may at any time or times by any written order directed to the commissioners appointed by this Act, or to Houses, and to make Report, the justices of the peace and physician appointed visitors at any general quarter session, require the said commissioners or any three or more of them or the said visitors or any two of them to visit or inspect any house or houses so licensed; and also to make a report to him or them touching such matters as they shall in such orders be directed to inquire into or as they shall think deserving his or their lordships notice; and the said Lord High Chancellor or Lord Keeper or Commissioners for the custody of the Great Seal or Lord Chief Justice of the Court of King's Bench or the Lord Chief Justice of the Court of Common Pleas may also at any time or times by a like order send for and inspect the register or registers so to be kept as aforesaid; and may summon and examine all or any of the persons concerned in the execution of this Act as often as shall be thought necessary and proper; in case they or any of them shall not obey all such orders as aforesaid within two days after the receipt of the same, and shall not shew sufficient cause to the contrary, every person so offending shall be deemed guily of a contempt of the Court of Chancery Court of King's Bench or Court of Common Pleas, as the case shall be. XXX. Provided always and it is hereby declared, That nothing in this Act contained shall extend or be construed to extend to any of the public hospitals within this kingdom. mon Law. XXXI. And whereas it is not intended by this Act to give the keepers Proceedings to of any house or houses so to be licensed as aforesaid, or any other be justified in person concerned in confining any of his Majesty's subjects therein, course of Comany new justification from their being able to prove that the persons so confined have been sent there by such direction and advice as are required by this Act;' Be it therefore declared and enacted, That in all proceedings that shall be had under his Majesty's writ of Habeas Corpus, and in all indictments informations and actions that shall be preferred and brought against any person or persons for confining or ill treating any of his Majesty's subjects in any of the said houses, the parties complained of shall be obliged to justify their proceedings according to the course of the common law, in the same manner as if this Act had not been made. XXXII. And be it further enacted by the authority aforesaid, That all Penalties and penalties and forfeitures which shall be incurred within the said cities of Forfeitures. London or Westminster or within seven miles of the same or within the said county of Middlesex for offences against this Act shall and may be sued for and recovered in any of the courts of record at Westminster, by No. II. c. 49. action of debt bill plaint or information by the president of the said col14 Geo. III. lege for the time being, in the name of the treasurer belonging to the said college at any time within six calendar months after the offence committed; and all such penalties and forfeitures when recovered shall and are hereby directed to be paid to the said treasurer, and shall be applied (except such penalties and forfeitures as are otherwise directed to be applied by this Act) in manner following; (that is to say), one moiety of all such penalties and forfeitures shall go to the informer, and the other moiety towards defraying the expences attending the execution of this Act and all penalties and forfeitures which shall be incurred for offences against this Act, not within the said cities of London or Westminster or within seven miles of the same or within the said county of Middlesex, shall and may be sued for and recovered by action of debt bill plaint or information by and in the name of the clerk of the peace for the county where any such offence shall be committed; and all such penalties and forfeitures when recovered shall be applied one moiety to the informer and the other moiety for defraying the expences attending the execution of this Act within such county. Limitation of XXXIII. And be it further enacted, That if any action or suit shall be commenced or brought against any person or persons for any thing done in pursuance of this Act the same shall be commenced within six calendar months next after the fact committed; and shall be laid or brought in the county city or place where the cause of action shall have arisen and not elsewhere; and the defendant or defendants in every such action or suit shall and may at his election plead specially or the general General Issue. issue not guilty; and give this Act and the special matter in evidence at any trial to be had thereupon, and that the same was done in pursuance and by the authority of this Act and if the same shall appear to be so done, or that such action or suit shall be brought in any other county city or place, or shall not have been commenced within the time before limited for bringing the same, that then the jury shall find a verdict for the defendant or defendants; and upon a verdict being so found, or if the plaintiff or plaintiffs shall be nonsuited, or discontinue his her or their action or suit after the defendant or defendants shall have appeared; or if upon demurrer judgment shall be given against the plaintiff or plaintiffs, then the defendant or defendants shall recover treble costs, and have such remedy for recovering the same as any defendant or defendants hath or have in any other cases by law. Treble Costs. Public Act. Continuance of this Act. 39 & 40 George III. c. 94. The Jury, in XXXIV. And be it further enacted, That this Act shall be deemed and taken to be a public Act; and be judicially taken notice of as such by all judges justices and other persons whomsoever without specially pleading the same. XXXV. And be it further enacted by the authority aforesaid, That this Act shall continue in force for the term of five years, and from thence to the end of the then next session of Parliament. [Made perpetual 26 Geo. III. c. 91.] [No. II. ] 39 & 40 Geo. III. c. 94.-An Act for the safe Custody of Insane Persons charged with Offences. [28th July 1800.] WHEREAS persons charged with high treason murder or 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 assemto be insane, shall declare whether he was acquitted by them on account of Insanity, and the Court shall order him to be kept in Custody till his Majesty's Pleasure be known, and his Majesty may give an Order for the safe Custody of such insane Person, &c. case of any Person charged with Treason, &c. proving |