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erorized by any such Meeting, in the same Manner and under * same Provisions and Regulations as small Debts are now resrered by the Act passed in the Sixth Year of the Reign of His 66. 4. c. 24. Pre sent Majesty, intituled An Act for the more easy Recovery of e all Debts in the Sheriff Courts in Scotland; and this notwith

ading the Amount of such Assessment shall exceed Eight s mndsProvided always, that if any Salmon Fishery on the Sea Proviso as to 1. ist shall be within Five Miles of the Mouths of

Fisheries

more than River or Estuary, the Proprietor of such Fishery shall be Five Miles of

situate within le in One Assessment only for such Fishery, and shall be at the Mouths of --rty to make his Election of any One such River or Estuary in more than one nection with which he shall be assessed.

River. I. And be it further enacted, That it shall be lawful for any Apprehension - son, without any Warrant or other Authority than this Act, of Offenders. 1; ri manu, to seize and detain any Person who shall be found - Imitting any Offence against this Act, and to carry such Perto before any Justice of the Peace or other Magistrate, or to iver such Person to a Constable, who is hereby required to Ty such Person before a Justice of the Peace or Magistrate, o shall forthwith examine and discharge, or commit such rson until Caution de judicio sisti be found, as the Case may puire. XII. And be it enacted, That all Justices of the Peace and Justices, though ter Magistrates shall and may act in the Execution of this Act, interested in twithstanding such Justice or Magistrate shall be interested Fisheries, may any Salmon Fishery, except in any Case where such Justice Magistrate, or his Tacksmen, is a Party in the Prosecution or se to be heard and determined by such Justice or Magistrate ; d also that every Owner or Occupier of, or any Person other- Owners not se interested in any Salmon Fishery, shall and is hereby de- incompetent ared not to be an incompetent Witness to prove any Offence Witnesses. mmitted against this Act, by reason of being such Owner or ccupier so interested. XIII. And be it further enacted, That no Prosecution or other Limitation of roceeding whatever shall be brought or commenced against any Actions. erson or Persons for any Offence or Offences against this Act, aless the same shall be laid or commenced within Six Calendar Ionths after any such Offence or Offences shall have been comitted; and provided that where any Offender shall be punished y virtue of this Act, he shall not incur the Penalty of any other aw or Statute for the same Offence.

XIV. And be it further enacted, That nothing in this Act Act not to Contained shall extend or be construed to extend to England, extend to Ireland, Wales, or Berwick-upon-Tweed, or to the Fisheries in England, the River Tweed, or in any of the Streams and Waters that Ireland, Wales,

&c. run into or communicate therewith, or to the Fisheries in the Arm of the Sea between the County of Cumberland and the Counties of Dumfries and Wigton and the Stewartry of Kirkcudbright, or the Fisheries in the several Streams and Waters which run into or communicate with the said Arm of the Sea.

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CAP. XL.
An Act to amend the Laws for the Erection and Regula:

of County Lunatic Asylums, and more effectually to prote:
for the Care and Maintenance of Pauper and Criminal La
natics, in England.

[15th July 189 HEREAS it is expedient that the several Statutes nova

relating to the Care and Maintenance of Lunatics, being Paupers

or Criminals, should be amended and consolidated into One 4 " and that such other Provision should be made as will facili • the Erection of County Lunatic Asylums, and improve the Tre

ment of Pauper and Criminal Lunatics ; Be it therefore enacte by the King's most Excellent Majesty, by and with the Adria and Consent of the Lords Spiritual and Temporal, and Commas

in this present Parliament assembled, and by the Authority of the Repeal of same, That the several Acts hereinafter mentioned, viz. ao 4c 17 G. 2. c.5. passed in the Seventeenth Year of the Reign of His Majesty ks s. 20. & 21.

George the Second, intituled An Act to amend and make more ti fectual the Laws relating to Rogues, Vagabonds, and other idle ci

disorderly Persons, and to Houses of Correction, so far as relates 48 G, 3. c. 96. Lunatics to be confined by Warrant of Justices; and also an Ad

passed in the Forty-eighth Year of the Reign of His late Majesty King George the Third, intituled An Act for the better Care an

Maintenance of Lunatics, being Paupers or Criminals, in England 51 G. 3. c. 79. and also an Act passed in the Fifty-first Year of the Reign of H.

said late Majesty, intituled An Act to amend an Act of the Forte eighth Year of His present Majesty, for the better Care and Mar

tenance of Lunatics, being Paupers or Criminals, in England; as 55 G. 3. C. 46. also an Act passed in the

Fifty-fifth Year of the Reign of His sad late Majesty, intituled An Act to amend an Act passed in the Forts eighth Year of His present Majesty, intituled · An Act for the bette

Care and Maintenance of Lunatics, being Paupers or Criminals, i 56 G. 3. c. 117. 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 Ad passed in the Thirty-ninth and Fortieth Years of the Reign of Hu

present Majesty, for the safe Custody of Insane Persons charged 59 G. 3. c. 127. with Offences ; and also an Act passed in the Fifty-ninth Year of

the Reign of His said late Majesty, intituled An Act for making

Provision for the better Care of Pauper Lunatics in England; and 5 G. 4. c. 71. also an Act passed in the Fifth Year of the Reign of His present

Majesty, intituled An Act to amend several Acts passed for the
better Care and Maintenance of Lunatics, being Paupers
minals, in England, shall be and the same are hereby repealed

, except as to any Matters committed or done before the passing of this Act, which shall be dealt with as if this Act had not passed; and that all Asylums erected or established under the said recited

Acts shall in future be regulated under the Directions of this Act Justices at II. And be it further enacted, That it shall and may be lawful Quarter Ses

for the major part of the Justices of the Peace in and for every sions may give Notice respect

County in England, present at any General Quarter Sessions for ing the pro

the said County, to direct public Notice to be given in some Newsviding Lunatic paper or Newspapers circulated in such County, of their Intention Asylums.

or Cri :

of

intend the

taking into consideration at their next Quarter Sessions the Exdiency of providing a County Lunatic Asylum or Asylums, or ouse or Houses for the Reception of Insane Persons, or of apvinting a Committee of Justices to treat with the Justices of any ne or more of the adjacent Counties, or with the Subscribers to y Lunatic Asylum heretofore built and established, or intended

be bui?t and established, by voluntary Contributions, to unite ith them for such Purpose.

III. And be it further enacted, That the said Justices of the Justices may race, after such Notice so given as aforesaid, shall at their next appoint Comeneral Quarter Sessions proceed to take the same into consider- mittee to superion; and if it shall appear to the major Part of the said Justices

Erection of en and there assembled (such major Part not being less in a Lunatic umber than Seven), that it is expedient that a County Lunatic Asylum. sylum, or House for the Reception of Insane Persons, should - erected in and for the said County Sole, the said Justices shall ominate and appoint such Number of Visiting Justices as they all think fit to superintend the Erection and Management of ich County Lunatic Asylum, who from time to time shall report veir Proceedings to the Court of General Quarter Sessions.

IV. And be it further enacted, That in all Cases where it shall Justices may ppear expedient to the said Justices, so assembled as aforesaid, appoint Com

unite for the Purposes of this Act with any One or more adja, with adjacent ent Counties, or with any Lunatic Asylum heretofore built and

Counties, or stablished by voluntary Contributions, or so intended to be built with the nd established, it shall and may be lawful for the said Justices, Committee of o assembled as aforesaid, to appoint any Number of Justices not

Subscribers xceeding Five, to be a Committee for treating with any Com- to Asylums nittee of Justices of any such said County or Counties, appointed by voluntary iccording to the Provisions of this Act, or with any Committee Contributions. of any such Lunatic Asylum, to be appointed as hereinafter lirected for such Purposes.

V. And be it further enacted, That it shall and may be lawful Subscribers to or the major Part of the Subscribers to any such Lunatic Asylum, any Lunatic present at any Meeting of Subscribers to the same, to be called Asylum may together by public Advertisement for the express Purpose of

appoint a

Committee to making such Appointment, to appoint any Number of subscribers enter into not exceeding Five, to be a Committee to treat with and enter Agreement into any Agreement with the Committee of Justices of

any County for the purposes of this Act; and that every such Agreement

of Justices. shall specify the Place at or near which such County Lunatic Asylum shall be situate, the Regulations under which the Expences to be incurred shall be defrayed, and the Number or Proportion of the Visitors to be appointed by the said County and Subscribers respectively, and, when signed by the major Part of the Committee of Justices aforesaid, and the major Part of the Committee of Subscribers so appointed as aforesaid, shall be binding upon the said County and Subscribers, if subsequently approved of as hereinafter directed.

VI. And be it further enacted, That where the Committees of Agreement to Justices so appointed by any Two or more Counties shall think he entered into fit to unite the said Counties for the Purposes of this Act, and where Counties shall signify their Inclination and Desire so to do at a Meeting shall be united. holden for that Purpose, an Agreement shall at such Meeting, 9 GEO. IV.

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with Committee

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or as soon as conveniently may be afterwards, be entered into br the said Justices so appointed as aforesaid, or the major parte them, in the Form or to the Effect set forth in the Schedule hereunto annexed (No. I.), which Agreement, when subscribed by the major Part of the Justices so nominated and appointed fx each County, shall be binding upon the said County, and every such Agreement shall specify the Place at or near which suci County Lunatic Asylum shall be situate, and the Proportions in which the Expences necessary for the carrying into Execution the Purposes of this Act shall be charged and assessed up the several Counties so uniting, which Proportions shall be cal

. culated by the said Justices so appointed upon the Number of the respective Population of the said several Counties and Places as shall have been stated in the last Returns of the said Population which shall have been made under the Authority of

Parliament previous to the Union of such Counties. Agreement VII. And be it further enacted, That whensoever any Agree to be reported ment shall have been so entered into and signed as aforesaid. to Quarter

the Justices so appointed to be a Committee for each County se Sessions, and not to be

uniting shall respectively report the same to the Justices a valid unless their next General Quarter Sessions to be holden for each of approved of. the said Counties, and shall then and there deliver into Court a

Duplicate of the said Agreement, to be by the Clerks of the Peace of the said Counties entered among the Records : Provided always that no Agreement made by any Committee of Justices shall be valid until the same shall have been submitted to and approved by the Majority of the Justices of the Peace of the County, assembled at the next ensuing General Quarter Sessions which shall be holdes

after such Agreement shall have been entered into. Appointment VIII. And be it further enacted, That whenever a County of Committees Lunatic Asylum has been provided under the Provisions of any of Justices and former Act of Parliament, and in every Case in which it shall be Subscribers to form united

deterinined that a County Lunatic Asylum shall be provided Committee of

under the Provisions of this Act, it shall be lawful for the major Visitors for Part of the Justices of the Peace acting in and for the County providing and or united Counties at whose Expence, wholly or in Part, such managing a County Lunatic Asylum shall have been or is to be provided

. Lunatic

pre at the General Quarter Sessions next after the passing of Asylum.

this Act, if a County Lunatic Asylum shall have been already provided, or present at the General Quarter Sessions where such Deterinination shall be made, or such Agreement as aforesaid shall be approved of, as the Case may be, if the County Lunatic Asylum is hereafter to be provided, and thereafter at the Michaelmas General Quarter Sessions of the Peace to be holden for such County or Counties respectively in each Year, and for the major Part of the Subscribers to any Lunatic Asylum erected or to be erected by voluntary Contributions, who may have united or who may hereafter unite with any County or Counties under the Provisions of this or any former Act, present at a General Meeting to be holden in the Months of September or October in every Year, of which due Notice shall be given by public Advertisement in some Newspaper circulated within the County in which such Lunatic Asylum shall be situated, to elect respectively the Members of the Committee of visiting Justices, or Committee

of

a

of such Committees

of Subscribers, to act together, for the providing, building, Erection, and Management of such County Lunatic Asylum; and that Mode of filling it shall be lawful for the major Part of the Justices of the Peace up Vacancies acting in and for such County or Counties, such major Part not in the same.

being less than Seven, present at any General Quarter Sessions Tid of the Peace to be holden for such County or Counties respect

ively, or any Adjournment thereof, and for the major part of the Subscribers to any such Asylum erected or to be erected by voluntary Contributions as aforesaid, present at any General Meeting to be called for that Purpose, of which due Notice shall be given as aforesaid, to fill up any Vacancy in the Number of such Committee as may have occurred by Death or Resignation of any Member of such Committee of Justices or Subscribers respectively: Provided always, that the Number of such Justices so Proviso as to appointed to be the Committee of Visitors as aforesaid shall be the Proportion in proportion to the Share of Expences to be charged and as- of the Numbers sessed upon the County for which they shall act, but so that Number less than Seven shall in no case be appointed for any County so united, and the Number of the Committee of Subscribers to any Lunatic Asylum uniting with any County as aforesaid, shall be in such Proportion as shall have been specified in the Agreement entered into between such County or Counties and the Subscribers to such Lunatic Asylum.

IX. And be it further enacted, That if the Justices or Sub- If Appointscribers as aforesaid shall in any Year neglect or omit to make ment not made,

such Election, or to fill up any Vacancy which may have occurred the Visitors . as aforesaid, then the Committee of Visitors before appointed, or

continuing to

act shall be w such of them as shall continue to act, shall be deemed and taken

to be the legal Committee of Visitors for the providing, Building, Committee. Erection, and Management of such County Lunatic Asylum, until such Election as aforesaid shall have been made, or such Vacancy shall have been filled up.

X. And be it further enacted, That the said Visitors so no- Empowering minated and appointed are hereby authorized and required, within Visitors to act;

Three Calendar Months after such Nomination and Appointment Po as aforesaid, to meet and assemble at such Place as shall appear e most convenient for that Purpose (due Notice thereof being pre

viously given to such Visitors by the Clerk or Clerks of the Peace
of such County or Counties respectively); and that the said Vi- to appoint
sitors may adjourn the said Meeting from time to time, or from

Surveyor;
Place to Place, and meet as often as they shall think necessary ;
1 and the said Visitors, or the major part of them, are hereby au-

thorized at their said Meetings to appoint a Clerk and a Surveyor for duly exercising the Powers of this Act, and from time to

time to receive Plans and Estimates, and, subject as hereinafter që mentioned, to contract for the Purchase of Lands and Buildings, to contract for and for building, erecting, altering, furnishing, and completing the Purchase of

Lands; such County Lunatic Asylum, and the Yards, Courts, and Outlets thereto belonging; and every such Contractor shall give sufficient Security for the due Performance of his Contract to the Clerk to such Visitors; and all Contracts, when made, and all Contracts to Orders relating thereto, shall be entered in a Book to be kept be entered in a by the Clerk to such Visitors; and when such County Lunatic Asylum shall be declared to be completed, then such Book shall

deemed the

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Clerk and

Book.

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