Изображения страниц
PDF
EPUB

think necessary for his education and training to any certified Industrial School, the managers of which shall be willing to receive him; but not so as to extend the period of detention beyond the time when the child shall attain the age of sixteen; beyond which age, he cannot be detained except with his own consent in writing (c). But the Act requires that, if possible, a school shall be selected which is conducted in accordance with the religious persuasion to which the parent appears to belong; and a minister of such persuasion may visit the child for the purpose of religious instruction (d). The parent, or other person legally liable, may be ordered to pay a weekly sum, not exceeding five shillings, for the expenses of the child's maintenance and training at school (e). And the statute further enacts, that, on the recommendation of the secretary of state, funds for the custody and maintenance of children detained in certificated industrial schools may be contributed, by the Treasury, out of monies provided by parliament (ƒ).

41.

(c) 29 & 30 Vict. c. 118, ss. 18,

(d) Sect. 25.

(e) Sects. 39, 40.

(f) Sect. 35. If the child has been sent on the application of its parents or guardians, the amount of such contribution by the Treasury

may not exceed two shillings per head per week. (Ib.) Contributions may be also made by poor law guardians (sect. 37), by prison authorities (sect. 12), and by school boards (see 33 & 34 Vict. c. 75, s. 27, and 36 & 37 Vict. c. 86, s. 14).

CHAPTER V.

OF THE LAWS RELATING TO LUNATIC ASYLUMS,
AND THEIR MANAGEMENT.

WE have had occasion elsewhere to explain the general state of the law in reference to idiots and lunatics (a). But the numerous provisions made by the legislature, in regard to the safe custody and proper treatment of these persons, are of a nature to deserve more particular attention than we have yet been able to bestow upon them; and we shall now advert to them more fully, under the head of Lunatic Asylums.

Houses established for the reception of insane persons are of various descriptions: some being established for the public benefit at the public expense; others being instituted for the public benefit, by endowment of charitable donors (b); and others, again, being private houses kept by individuals for their own profit.

We propose in the present chapter to treat, I. Of the provisions made with regard to county lunatic asylums (c). II. Of the provisions which have been made in regard to

(a) Vide sup. vol. I. p. 474; vol. II. pp. 508-514.

(b) As to the Royal Hospital of Bethlehem, which is one of those so endowed, see 5 & 6 Vict. c. 22; 16 & 17 Vict. c. 96, s. 35; 23 & 24 Vict. c. 60; 24 Vict. c. 12; 25 & 26 Vict. c. 104, s. 5.

(e) It may be here observed that most of the provisions in the Acts mentioned in this chapter extend,

also, to lunatic asylums established in boroughs, which asylums are subject, in general, to the same regulations as the county asylums. Or the boroughs may, and in certain cases must, unite with the county in which they are situate, in the establishment and maintenance of an asylum. As to which see 16 & 17 Vict. c. 97, ss. 3, 9; 19 & 20 Vict. c. 87; 28 & 29 Vict. c. 80.

criminal lunatics: and, III. Of the provisions which have been made for the proper treatment of lunatics in general.

I. County lunatic asylums were first established by 48 Geo. III. c. 96; but the regulations respecting them now in force are contained in 16 & 17 Vict. c. 97, (called "The Lunatic Asylums Act, 1853,") as amended by 18 & 19 Vict. c. 105, 19 & 20 Vict. c. 87, 25 & 26 Vict. c. 111, and 26 & 27 Vict. c. 110. By the provisions of these Acts, it is made incumbent on the justices of every county to provide a sufficient asylum for its pauper lunatics, either separately or in union with such other parties as in the Acts mentioned in that behalf (d). And the expenses of such an asylum are to be defrayed out of the county rates (e); and the management vested in a committee of visitors, elected yearly by the justices, or (in case of union with some other asylum supported by voluntary subscriptions), partly by the justices and partly by the subscribers (ƒ).

The purpose for which these asylums are mainly designed is, therefore, to receive the insane paupers of the county, a class of persons for whom it may be said in general that there is no other resource; particularly since the provision of the Poor Law Amendment Act, (4 & 5 Will. IV. c. 76,) s. 45, by which it was made penal to confine any insane person, having dangerous tendencies, for more than fourteen days in any workhouse (g).

The provisions for the reception of pauper lunatics into these asylums are briefly as follows:

Any relieving officer of a parish within a union, or under a board of guardians, and every overseer of a parish where there is no relieving officer,-who shall

[blocks in formation]

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 (¿). 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
registered (8 & 9 Vict. c. 100, s.
43); and houses for the reception
of lunatics must also be licensed
either by the commissioners, or if
not within their immediate jurisdic-
tion then by the justices in general
or quarter sessions (sects. 14-17).
(k) 16 & 17 Vict. c. 97, s. 67.

jointly, sach der mani:

by z

seer 1. And also tur

signed by the mela våre g

wherein the pace s

medical za ari ne shall be received by de pata

relieving : & re

fact of art, må de r
reception of the paper wenning
It is not boven de
county, that wines a mi me g
may be set my han

or not, who I ~
a medical tavimir
order for a50 1 IS
any person found a seem
not is wandering it are
control: er is mul manet e
having the are fin

than fet ie de wemm

[ocr errors]

T

county, it is competent as die beste a
sion of the paper hans fa
visitors think i fans var
the latter case. See m

condition of TUR TO

be applied for salgan mun
ment of the charge at be made be
maintenance, ai the resea
which it is promied dar & mana

shall have the same aree romu dan d

pauper

[ocr errors]
[ocr errors]

in every case of the messman of a pe

[ocr errors][merged small][ocr errors]

I

« ПредыдущаяПродолжить »