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ners or Visitors respectively, as hereinbefore directed, his
ime, and the Date of his Visit; and any Person so appointed

aforesaid shall deposit such Appointment with the Keeper of
e said House.
XXXVII. And be it further enacted, That if it shall appear, Commissioners
ter Three separate and distinct Visits to be made by the said may set at
ommissioners or Visitors within their respective Jurisdictions, liberty Persons
aree of which Commissioners shall be Physicians or Surgeons, confined.
One of which Visitors shall be a Medical Practitioner, Twenty-
e Days at the least to intervene between each Visit, that any
rson is detained in any such House without sufficient Cause,
d Notice thereof shall have been duly given to the Keeper of
ch House, and to the Person by whose Authority such Person
S sent, it shall and may be lawful for the said Commissioners

One of their Quarterly Meetings, or at a Meeting specially
mmoned at Three Days Notice, or for the Justices in Quarter
ssions, or at a Meeting specially summoned at Seven Days
otice, to set such Person at Liberty, or otherwise to act under
le Circumstances as the Case may seem to require : Provided
ways, that such Power shall not extend to the Case of any
unatic who shall have been found of Insane Mind under a Com.
ission issued for that Purpose by the Lord Chancellor, or Lord
eeper or Commissioners of the Great Seal intrusted as afore-
rid, nor to any Lunatic confined under any Order or Authority
f His Majesty's Principal Secretary of State for the Home

XXXVIII. · And Whereas the Hopes and Consolations of Commissioners Religion may soothe and compose the Minds of Patients, and and Visitors to thereby tend to subdue the Malady under which they are suf- enquire and

fering; Be it further enacted, That the Commissioners and state in the Visitors upon their several Visitations hereinbefore mentioned, whether Divine

Register Book hall enquire whether and at what Times Divine Service is read Service is perind performed for the Benefit and Consolation of any of the formed in Patients, or what Religious Aid they receive under any Circum- such Houses. stances of intellectual Improvement; and such Commissioners and Visitors shall state, in the Book or Register hereinbefore directed to be kept for registering the Visits of the Commissioners or Visitors respectively the Result of such their Enquiry, with such Observations as they shall think useful or necessary; and if not perin those Houses where it shall appear that Divine Service is not formed, the performed, or that Religious Communication with any Minister Keeper to state

the Reason. is not permitted, the Keeper or Keepers of such House or Houses shall state in the said Book or Register the Reason or Reasons thereof.

XXXIX. And be it further enacted, That it shall and may be Medical or lawful for the Lord Chancellor, or Lord Keeper or Commissioners other persons of the Great Seal intrusted as aforesaid, or the Lord Chief Justice may be emof the Court of King's Bench, or the Lord Chief Justice of the ployed to inCourt of Common Pleas, or His Majesty's Principal Secretary of spect Houses. State for the Home Department, if he shall see fit, to employ any Commissioner appointed under this Act, or Medical or other Person, to inspect and enquire into the State of any Lunatic

Asylum, Public Hospital, or other House or Place for the ConÞfinement of Insane Persons, and to report to him the Result of

M 4



such Inspection and Enquiry; and every such Medical or the te
Person so employed by him shall be paid or allowed such se N
of Money for his Attendance and Trouble, as to His Majeste u
Principal Secretary of State for the Home Department shall see
an adequate and reasonable Allowance; such Expences to x
charged on the Contingency Fund of the Home Office, or on 2

County Rate, as the Case may be. Regulations XL. And be it further enacted, That no Person shall recer as to Persons

into his exclusive Care and Maintenance, except he be a Rear with whom Lunatics are

or a Committee appointed by the Lord Chancellor, or Len privately con

Keeper or Commissioners of the Great Seal intrusted as aforesei fined.

under Pain of being deemed guilty of Misdemeanor, any a
Insane Person, or Person represented or alleged to be insi
without first having an Order and Certificate signed by tra
Medical Practitioners, each of them being a Physician, Surgez.
or Apothecary, as is required on the Admission of any los
Person into a licensed House; and that every such Personal
having received into his Charge any Insane Person as aforesa:
shall within Five Days thereof transmit to the Clerk of the Co
missioners in London a Copy of such Order and Certificate, a
shall also state the Parish and County wherein such House sea
be situate, and the Name of the Occupier thereof, and such Orde
Certificate, and Return shall be sealed, and indorsed “ Priva
Return;" and also on the First Day of January, or within Sere
Days thereof, in every Year, every such Person shall also transos
to such Clerk a Certificate signed by Two Physicians, Surgeons
or Apothecaries, describing the then actual State of such lose
Person; and in case of the Death or Removal of such Insane Pro
son, he shall forthwith notify the same to such Clerk; all who
said Orders, Certificates, Returns, and Notifications shall be filme
and duly preserved, and the said Clerk shall make therefrom a
separate Register, containing the true Christian and Surname si
each Insane

Person so confined, together with the Place of Ces finement, which Register, together with the said Orders, Returns Certificates, and Notifications, shall be open only to the Inspectia of His Majesty's Principal Secretary of State for the Hope Department, and of the Lord High Chancellor, or Lord Keepe

! or Commissioners of the Great Seal intrusted as aforesaid, and c such other Persons as shall be authorized to inspect the same, by

an Order under their respective Hands and Seals. Secretary of XLI. Provided always, and be it further enacted, That it sha,

and may be lawful for His Majesty's said Principal Secretary of erase Name of State, in all Cases in which any Patient shall die or have been Lunatic from Register.

discharged as cured, to direct, if he shall see fit, that the Name

of such Patient shall be wholly erased from the said Register, Lord Chan- XLII. Provided always, and be it further enacted, That it shall cellor and and may be lawful for the Lord High Chancellor, or Lord Keeper Secretary of or Commissioners of the Great Seal intrusted as aforesaid, or His

Majesty's Principal Secretary of State for the Home Department, order Visita tion of Patients if they shall see fit, at any Time or Times, by any Order by either in Care of Re- of them directed to the said Commissioners or to any other person latives, &c.; whom they shall think fit to appoint, to require the said Commis

sioners, or other Person so appointed, to visit and examine ang Person confined as an Insane Person, who shall be confined in

State may

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State may


Day of

Care of any Relative or Friend, or in the exclusive Care and intenance of any other Person, and to make a Report to the ed Chancellor, Lord Keeper or Commissioners of the Great al intrusted as aforesaid, or to His Majesty's Principal Secretary State, of such Matters as in such Order they shall be directed inquire into : Provided always, that the said 'Secretary of State but not PaIll have no Authority under this Act to order a Visitation or tients under amination of any Patient under a Committee appointed by the an appointed rd High Chancellor, the Lord Keeper or Commissioners of the eat Seal intrusted as aforesaid. (LIII. And, for the more easy and speedy Conviction of Convictions to enders against this Act, be it further enacted, That all Jus- be drawn up in es of the Peace, before whom any Person shall be convicted the following

Form. any Offence against this Act, shall and may cause the Contion to be drawn up in the following Form of

Words, or in any Ter Form of Words to the same Effect, as the Case shall happen; 'elicet, BE it remembered, That on the in the Year of our Lord

A. B. is convicted before us,

Two of His Majesty's Justices of the Peace for the County of

[specifying the Offence, and he Time and Place when and where the same was committed, as 'he Case shall be.] Given under our Hands and Seals the Day ind Year aforesaid.' XLIV. And be it further enacted, That it shall and may be Clerk of the wful for the Clerk of the Commissioners, or Clerk of the Peace Commissioners

the County where any House for the Reception of Insane to enforce Act, ersons is situate, and he is hereby required, to enforce the due

Penalties. xecution of this Act, and to sue for and recover all Penalties · Forfeitures granted by this Act. · XLV. And Whereas it is not intended by this Act to give the Proprietors or Keepers of any House to be so licensed as aforesaid, or any other Person concerned in confining any of His Majesty's Subjects therein, any 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 Pro- Proceedings of eedings which shall be had under His Majesty's Writ of Habeas Proprietors Corpus, and in all Indictments, Informations, and other Actions to be justified

in course of hat shall be preferred and brought against any Person or Persons

Common Law, 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.

XLVI. And be it further enacted, That all Complaints and Recovery and Informations of and for Offences against this Act, or any Order Application of to be made in pursuance thereof, except in Cases where the Penalties. Manner of hearing and determining thereof is hereinbefore otherwise directed, shall and may be made before One or more Justice or Justices of the Peace for the County or Place wherein the Offence shall be committed, and such Justice or Justices is and are hereby authorized and empowered to take cognizance thereof,


and recover

and upon

and to summon the Person or Persons complained of to a
before him or them, or upon Complaint upon Oath to jest
or their Warrant or Warrants for the Apprehension of anys
Person or Persons, and upon appearing or not appearing of:
Person or Persons pursuant to such Summons, or upon
Person or Persons being apprehended with such Warrant

, to z. the Matter of every such Complaint and Information, by Era ation of any Witness or Witnesses upon Oath, and to make sur Determination thereon as such Justice or Justices shal : proper ;

Conviction of any Person, such Justice or b tices shall and may issue a Warrant under his or their Fax and Seal or Hands and Seals, for levying the Fine, Penalty Forfeiture by virtue of this Act imposed for such Offence, a Distress and Sale of the Goods and Chattels of the Perss so convicted; and it shall and may be lawful for any sus Justice or Justices to order any Person so convicted to a detained and kept in the Custody of any Constable of cia Peace Officer until Return can be conveniently made to c Warrant of Distress, unless the said Offender shall give sufica Security to the Satisfaction of such Justice or Justices, for a Appearance before the said Justice or Justices on such Dar a shall be appointed for the Return of such Warrant of Disra such Day not being more than Seven Days from the Time of tai any such Security, and which Security the said Justice or Justis is and are hereby empowered to take by way of Recognize : or otherwise ; but if upon the Return of such Warrant of I tress it shall appear that no sufficient Distress can be had the upon to levy the said Penalty or Forfeiture, and such Costs as Charges as aforesaid, and the same shall not be forthwith per or in case it shall appear to the Satisfaction of such Justice, este by the Confession of the Offender or Offenders, or otherwise, ta the Offender or Offenders hath or have not sufficient Goods a Chattels whereon such Penalties, Forfeitures, Fines, Costs, a Charges may be levied were a Warrant of Distress issued, Justice shall not be required to issue such Warrant of Distree and thereupon it shall be lawful for such Justice or Justices, si he or they is and are hereby authorized and required, by Warte under his or their Hand and Seal or Hands and Seals, to COIS such Offender to the Common Gaol or House of Correction any Term not exceeding Three Calendar Months, unless suc Penalty or Forfeiture, and all reasonable Charges attending the Recovery thereof, shall be sooner paid and satisfied; and : such Fines, Penalties, and Forfeitures, when recovered, stz where the Application is not otherwise directed by this Act

, be paid into the Hands of the Overseers of the Poor of the Pars where the Offence shall be committed, and the Overplus (if an arising from such Distress and Sale, after Payment of the Penat and the Costs and Charges attending the same, shall be returned upon Demand, to the owner of the Goods and Chattels so ditrained.

XLVII. Provided always, and be it further enacted, That sy Person or Persons thinking himself, herself, or themselves a grieved by any Order or Judgment made or given, or by the Order or Determination of any Justice or Justices of the Prati

Appeal to Quarter Ses. sions.

pursuance of this Act, may, within Four Calendar Months r such Order shall be made or given, complain to the Justices he Peace at the General or Quarter Sessions of the Peace to held in and for the County wherein the Offence shall be comted, the Person or Persons appealing having first given at st Fourteen Days clear Notice in Writing of such Appeal, and Nature and Matter thereof, to the Person or Persons appealed inst, and forth with, after such Notice entering into a Recogince before some Justice of the said County, with Two suffi. it Securities conditioned to try such Appeal and to abide the ler and Award of the said Court thereupon ; and the said Juss, upon due Proof of such Notice and Recognizance having n given and entered into, shall in a summary Way hear and ermine such Complaint at such General or Quarter Sessions che Peace to be held for the said County, or, if they think per, adjourn the Hearing thereof until the next General or arter Sessions of the Peace to be held for the said County, lif they see Cause may mitigate any Forfeitures or Fines, and y order any Money to be returned which shall have been levied pursuance of such Order or Determination, and shall and may o award such further Satisfaction to be made to the Party ured, or such Costs to either of the Parties, as they shall judge isonable and proper ; and all such Determinations of the said stices shall be final, binding, and conclusive upon all Parties, all Intents and Purposes whatsoever. XLVIII. And be it further enacted, That if any Action or Limitation of it shall be commenced or brought against any Person for any Actions. ng done in pursuance of this Act, the same shall be commenced thin Six Calendar Months next after the Fact committed, and all be laid or brought in the County, City, or Place where the luse of Action shall have arisen, and not elsewhere, and the efendant in every such Action or Suit shall and may at his lection plead specially, or the General Issue Not Guilty, and General Issue. ve this Act and the special Matter in Evidence at any Trial to 2 had thereupon, and that the same was done in pursuance and y the Authority of this Act; and if the same shall appear to be

done, or that such Action or Suit shall be brought in any other 'ounty, City, or Place, or shall not have been commenced within ne Time before limited for bringing the same, that then the Jury hall find a Verdict for the Defendant; and upon a Verdict being o found, or if the Plaintiff shall be nonsuited, or discontinue his, ler, or their Action or Suit after the Defendant shall have ppeared, or if upon Demurrer Judgment shall be given against he Plaintiff

, then the Defendant or Defendants shall recover Treble Costs, and have such Remedy for recovering the same as Treble Costs. any Defendant hath or havet in any other Cases by Law.

+ Sic. XLIX. Provided always, and it is hereby further enacted, Actions not to That it shall not be lawful for any person whatsoever to com- be brought mence, prosecute, enter, file, or prefer any Action, Bill, Plaint, except by Information, or Indictment against any Person

under or by virtue Order of Com

missioners, of this Act, unless the same be commenced, prosecuted, entered, filed, or preferred by Order of the said Commissioners at their said Quarterly Meeting, or by the Justices at their General Quarter Sessions within their respective Jurisdictions: and if any


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