tacle for insane persons in the United Kingdom as they may judge proper for the unexpired term of his imprisonment; and if any such person shall in the same manner be certified to be again of sound mind, the admiralty may issue a warrant for his being removed to such prison or place of confinement as may be deemed expedient, to undergo the remainder of his punishment, and every gaoler or keeper of any prison, gaol or house of correction shall receive him accordingly. CRIMINAL LUNATICS ACT, 1867. 30 Vict., ch. 12; Chitty, Supl. 1865-68, p. 233. 383. This Act may be cited for all purposes as "The Criminal Lunatics Act, 1867." § 1. 384. "Criminal lunatic" shall mean for the purposes of this Act any of the persons following; that is to say, § 2. criminal (1) Any person for whose safe custody during her Definition of pleasure her majesty is authorised to give order: lunatic. (2) Any person whom one of her majesty's principal secretaries of state is authorised by law to direct to be removed to a lunatic asylum under any Act of parliament: (3) Any person sentenced or ordered to be kept in penal servitude who may be shown to the satisfaction of the secretary of state to be unfit from imbecility of mind for penal discipline. 385. This Act shall not apply to Scotland or Ireland. § 3. Application of Act. 386. The enactments contained in the ninth and tenth sections of the Act of the sessions of the twenty-third $4. and twenty-fourth years of the reign of her present majesty, chapter seventy-five, relating to the following matters: General ap plication of 23 & 24 Vict., ch. 75. (1) To the power of the secretary of state to permit a lunatic to be absent from the asylum on trial: (2) To the expenses of conveyance and maintenance of criminal lunatics: shall apply to a criminal lunatic in whatever asylum or place of confinement he may be, and to such asylum and place of confinement, so far as regards such lunatic, in the same manner as if such asylum or place of confinement were an asylum appropriated to criminal lunatics in pursuance of the last mentioned Act. § 5. Power of secretary of state tional order of 387. It shall be lawful for one of her majesty's principal secretaries of state to discharge absolutely or conditionally any criminal lunatic. Where any crimto give condi- inal lunatic has been discharged conditionally, if discharge. any of the conditions of such discharge are broken, the said secretary of state may by warrant, to be executed by any constable or other peace officer to whom such warrant is delivered, direct such person to be taken into custody, and to be conveyed to the place in which he was detained at the time. of his discharge, or to any other place to which he might have been removed if no order for his discharge had been given, and any person so taken into custody shall revert in all respects to the same position as he was in at the time when the order of the discharge was given, and shall be subject to be detained accordingly. § 6. Criminal lu removed to a county asylum on expiration of his sentence. 388. The eighth section of the said Act of the session of the twenty-third and twenty-fourth years of the reign natic may be of her present majesty, chapter seventy-five, shall be repealed, and in place thereof be it enacted; where the term of punishment awarded to any criminal lunatic confined in any asylum or other place of confinement for criminal lunatics expires before such evidence of his sanity has been given as justifies his being discharged, the following consequences shall ensue; that is to say, wandering at (1) If such lunatic be confined in any asylum or place of confinement to which lunatics may be sent in pursuance of Lunatic found "The Lunatic Asylums Act, 1853," he shall thencelarge, etc. forth be deemed to be a pauper lunatic, and shall be in the same position in all respects as if he were a lunatic who immediately previous to the expiration of his term of punishment had been found wandering at large within the parish or place where the offence was committed in respect of which he became a criminal lunatic, and had been directed by a justice, in pursuance of the sixtyeighth section of "The Lunatic Asylums Act, 1853” to be received into the said asylum or place of confinement as a lunatic wandering at large, and a proper person to be taken charge of and detained under care and treatment. Criminal lunatic. (2) If such lunatic be confined in any asylum or place of confinement to which lunatics cannot be sent in pursuance of lunatics into Justice satislunatic was a fied that the proper person to be detained charge of. and taken the said "Lunatic Asylums Act, 1853," the said secretary of state may, by order under his hand, direct the luna- Reception of tic to be received into any asylum or place of con- asylums. finement for lunatics into which a justice might have directed him to be received in pursuance of the said sixty-eighth section of "The Lunatic Asylums Act, 1853," if immediately previous to the date of the expiration of his term of punishment the lunatic had been found wandering at large within the parish or place where the offence was committed, in respect of which he became a criminal lunatic, and the justice had been satisfied that the lunatic was a proper person to be taken charge of and detained under care and treatment; and any order made by the said secretary of state in pursuance of this section shall have the same effect, and be obeyed by the same persons, and subject them to the same penalties in case of disobedience, as an order made by a justice for the reception of a lunatic into an asylum or other place of confinement for lunatics in pursuance of the said sixty-eighth section of the said "Lunatic Asylums Act, 1853;" and such lunatic when received into the said asylum or place of confinement shall thenceforth be deemed to be a pauper lunatic, and shall be in the same position in all respects as if he had been such wandering lunatic as aforesaid directed to be received into the said asylum or place of confinement in pursuance of the said order of a justice.* POOR LAW AMENDMENT ACT, 1867. 30 & 32 Vict., ch, 106; Chitty, Supl. 1865-68, p. 272. $22. Guardians empowered to paupers. detain indoor 389. When there shall be in any workhouse a poor person suffering from mental disease, or from bodily disease of an infectious or contagious character, and the medical officer of such workhouse shall upon examination report in writing that such person is not in a proper state to leave the workhouse without danger to himself or others, the guardians may direct the master to detain such person therein, or, if the guardians be not sitting, the master of the workhouse may, until the next * Amended; see 32 & 33 Vict., ch. 18, 2, infra. meeting of the guardians, detain him therein; and such person shall not be discharged from such workhouse until the medical officer shall in writing certify that such discharge may take place: Provided, however, that this enactment shall not prevent the removal of a lunatic to a lunatic asylum, registered hospital, or licensed house, when such removal is otherwise required by law, nor the removal of any poor person after the parent or next of kin of such person shall have given to the guardians such an undertaking as they shall deem satisfactory to provide for the removal, charge, and maintenance of such person with due care and attention while the malady continues; and this provision shall apply to every district school and district asylum, and to the managers, board of management, medical officer, superintendent, or master thereof respectively. § 23. As to pauper lunatic sent from boroughs. 390. When any pauper lunatic shall be sent to an asylum from any part of a borough wholly or partly comprised within a union, which borough shall not have contributed to the erection or maintenance of that asylum, the visitors of the asylum shall, where the union and the borough are not conterminous, make out two accounts in respect of such lunatic in the asylum, one of which shall be limited to the charge which would be made in the case of a pauper lunatic sent from the county and shall be transmitGuardians of ted to the guardians of the said union for payment, and the other, which shall contain the extra sum by law chargeable in respect of a pauper lunatic received into the same asylum from any other county, shall be transmitted to the town council of such borough, and shall be paid by them as other charges to which the borough fund may be liable. the said union. $13. POOR LAW AMENDMENT ACT, 1868. 31 & 32 Vict., ch. 122; Chitty, Supl. 1865-68, p. 432. 391. The guardians of any union or parish may, with the consent of the poor law board, send an idiot pauper pay the cost of to an asylum or establishment for the reception and relief of idiots maintained at the charge of the county rate or by public subscription, and they may with the like consent send any idiotic, imbecile, or insane idiots sent to asylums for idiots. pauper who may lawfully be detained in a workhouse to the workhouse of any other union or parish, with the consent of the guardians of such last mentioned union or parish, and pay the cost of the maintenance, clothing, and lodging of such pauper in the asylum, establishment, or workhouse, as well as the cost of his conveyance thereto or his removal therefrom, and the expenses of his burial, when necessary. Certain lunatics may be received in workhouses from asylums. 392. The guardians of any union or parish may, with the consent of the poor law board and the commis- $43. sioners in lunacy, and subject to such regulations as they shall respectively prescribe, receive into the workhouse any chronic lunatic not being dangerous who may have been removed to a lunatic asylum, and selected by the superintendent of the asylum and certified by him to be fit and proper so to be removed, upon such terms as may be agreed upon between the said guardians and the committee of visitors of any such asylum, and thereupon every such lunatic, so long as he shall remain in such workhouse, shall continue a patient on the books of the asylum for and in respect of all the provisions in the Lunacy Acts, so far as they relate to lunatics removed to asylums. CRIMINAL LUNATICS ACT, 1869. 32 & 33 Vict., ch. 78; Chitty, Supl. 1869–72, p. 573. § 1. Short title. $2. Application of 30 & 31 Vict., section 6 of ch. 12. 393. This Act may be cited as "The Criminal Lunatics Act, 1869." 394. It is hereby declared that the sixth section of “The Criminal Lunatics Act, 1867," does apply and shall be deemed to have applied from the date of the passing thereof to criminal lunatics whose terms of punishment expired before the date of the passing of such Act in the same manner, so far as circumstances admit, as if their terms of punishment had expired subsequently to the passing of such Act, but no parish or place upon which any order may have been or shall be made for, or which shall be otherwise chargeable with, the maintenance of any criminal lunatic under the sixth section of the said Act shall be liable to make good or refund any sum of money which may have been theretofore expended by any other parish or place on account of the maintenance of such lunatic. * * * |