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expressly made void or affected by this Act; and all fees, charges, liabilities, and expenses due, payable, or prestable under the said Acts, or any of them, shall be payable and prestable from the same funds and sources as would have been applicable to such payments, and otherwise in the like manner as if the said Acts had not been repealed.*

3. Interpretation of terms.—The following words and expressions in this Act shall have the meanings hereby assigned to them, unless there be something in the subject or context repugnant to such construction; (that is to say,) the words "the Board" shall mean the Board to be appointed under the authority of this Act for the superintendence and care of asylums and lunatics; the words "public asylum" shall mean and include all such hospitals, madhouses, or asylums as are or shall be established for the custody of lunatics by Act of Parliament or Royal Charter, or under any deed or mortification by which the maker thereof has directed the appropriation of funds to the establishing and maintaining any lunatic asylum or hospital, or any establishment administering funds for charitable purposes, without any view to any pecuniary gain or profit arising to the establishment or to the estate or funds of the trust or charity, and also all hospitals, madhouses, or asylums, other than district asylums, into which lunatics committed by order and certificate, as hereinafter provided, cannot be refused access or reception, without special cause shown; the words "private asylum" shall mean and include all such licensed madhouses or asylums as are established for the reception of more than one lunatic under the provisions of this Act, and kept for the pecuniary gain or profit of the proprietors or superintendents thereof or others interested therein, and into which the admission of lunatics is a matter of arrangement between the superintendent thereof and the party seeking or promoting the reception of the lunatic therein; the words "district asylum" shall mean an asylum, in terms of this Act, of one of the districts described in the Schedule (H.) hereunto annexed; the word "house" shall mean any house in which a single lunatic is kept under an order of the sheriff; the word "superintendent" shall mean the person or persons having the management or charge of any asylum, and shall include the proprietor and all persons having any pecuniary interest therein or in the profits to be derived therefrom; the words "medical person" shall mean any person being a member or licentiate of one or other of the Royal Colleges of Physicians or Surgeons in Edinburgh or London, or holding a diploma from the Faculty of Physicians and Surgeons of Glasgow, or being a fellow or licentiate of the King and Queen's College of Physicians in Dublin, or of the College of Surgeons in Dublin, or holding the degree of Doctor of Medicine from one of the universities of Scotland, England, or Ireland, or having a right to practise medicine or surgery from having served in the army or navy, and being in actual practice as such physician, surgeon, or otherwise, as aforesaid; the word lunatic" shall mean and include any mad or furious or fatuous person, or person so diseased or affected in mind as to render him unfit in the opinion of competent medical persons to be at large, either as regards his own personal safety and conduct, or the safety of the persons and property of others or of the public; the word "burgh" shall include and apply to the cities, burghs, and towns which are royal burghs, or which send or contribute as burghs to send a member to Parliament; the words "magistrates of burghs" shall include the lord provost, or provost or chief magistrate, and the magistrates and council of burghs; the expression "landward part of a county" shall include and apply to a county exclusive of the burghs situated therein; the word "secretary" shall mean the secretary to be appointed under this Act; the expression "judicial factor" shall mean and include any person having charge of property of a lunatic, whether as judicial factor, factor loco tutoris, factor loco absentis, curator bonis,

* § 2 repealed-S. L. R. Act, 1875,

or tutor dative, or by reason of service as tutor at law, or as curator; the word "sheriff" shall mean the sheriff of and acting in the county of which he is sheriff, and shall include the sheriff-substitutes; the words "sheriff-clerk" shall mean the sheriff-clerk and sheriff-clerk depute of the county of which he is sheriff-clerk, and shall include steward-clerk and steward-clerk depute; the word "person" and the word "owner" shall extend to trustees and to bodies politic or corporate as well as to individuals; and the word "month" shall mean calendar month.

4. Constitution of Board.-There shall be constituted for the purposes of this Act a Board to be called the General Board of Commissioners in Lunacy for Scotland, in manner following :

1. Three persons shall be appointed by Her Majesty, one of whom shall be an unpaid commissioner and chairman of the Board, and two of whom shall be paid commissioners, and shall receive such salary, not exceeding one thousand two hundred pounds each per annum, as shall be fixed by the Commissioners of Her Majesty's Treasury:

2. It shall be lawful to Her Majesty as often as shall seem expedient, by warrant, under the hand of one of Her Majesty's principal Secretaries of State, to appoint not more than three persons in all at one time to be unpaid commissioners in lunacy for such period as may be specified in such

warrant:

3. All vacancies in the Board may be supplied in like manner from time to time as they occur.

5. Meetings of the Board.-The Board shall have an office at Edinburgh for the transaction of their business, and shall meet there, or at such temporary place as shall be fixed for the purpose, upon the first day of November next, or upon the first convenient day within ten days thereafter (of which due notice shall be given by the secretary to each of the members of the Board), and shall thereafter hold two general meetings in each year, one upon the first Wednesday in March and the other upon the first Wednesday in November; and at such first meeting, and at all other meetings of the Board, three of the members shall be a quorum, with power to act in all the matters hereby committed to the Board; and the Board shall have power to adjourn for such time and to such place as they shall see fit, and to hold special or pro re nata meetings, which may be called by the secretary in such manner as the Board shall direct; and at all meetings of the Board the chairman shall have both an original and a casting

vote.

6. Power to Board to name committees.-It shall be lawful to the Board, as often as they deem fit, to appoint any two or more of their number as a committee for the purposes of this Act, or for any part of such purposes as the Board may direct, and if more than two to fix the number of such committee that shall be sufficient to transact business; and it shall be lawful for such committee, in transacting the business committed to them, to exercise all the powers necessary for that purpose which are by this Act given to the Board; and such committee shall report to the Board at such time or times as the Board shall direct, and failing such direction, shall report to the Board at its next general statutory meeting.

7. Commissioners before acting to take the following oath.-Every commissioner shall, before he acts in the execution of his duty, take an oath to the following effect; (that is to say):-"I, A.B., do swear, that I will discreetly, impartially, and faithfully execute all the trusts and powers committed to me by virtue of an

Act of Parliament passed in the twenty-first year of the reign of Her Majesty Queen Victoria, intituled [here insert the title of this Act], and that I will keep secret all such matters as shall come to my knowledge in the execution of my office, except when required to divulge the same by legal authority, or so far as I shall feel myself called upon to do so for the better execution of the duty imposed upon me by the said Act.-So help me God." Which oath it shall be lawful for the Lord Justice-General of Scotland to administer.

8. Commissioners not to derive profit for discharging the duties of their office. The commissioners shall not derive any profit or emolument for the discharge of the duties of their office, excepting as herein mentioned, nor shall they be personally responsible for anything done bona fide in the e ecution of this Act, or in the exercise of the powers herein contained, and the pai commissioners shall devote their whole time to the duties of the said office.*

9. Powers of commissioners.-The Board, over and above the powers hereby specially committed to them, shall have the superintendence, management, direction, and regulation of all matters arising under this Act in relation to lunatics, and to public, private, and district asylums, and to every house in which a lunatic is kept or detained under an order of the sheriff, as hereinafter provided, and shall have the power of granting or refusing licences to the proprietors of private asylums, and of renewing or transferring any such licences, and of recalling or suspending the same; and it shall be lawful for the Board from time to time to make and establish such rules and regulations as they may deem necessary towards the good order and management of all private and district asylums, and the conduct and duties of the superintendents, officers, and servants thereof, and of the inspectors, secretary, clerk, officers, and servants appointed under the authority of this Act, and to enforce such rules and regulations, by forfeiture of the licence of any party not observing the same, and by recovery of the penalties authorised by this Act: Provided always, that all such rules and regulations shall, before being put into execution, be approved of by one of Her Majesty's principal Secretaries of State, and such rules and regulations shall also be submitted to both Houses of Parliament, if Parliament be then sitting, and if Parliament be not sitting, then within fourteen days after the meeting of the next session of Parliament: Provided also, that nothing in this Act contained, unless where otherwise specially provided, shall be construed to extend to any public asylum existing or in course of erection at the passing of this Act, further than to enable the Board to authorise and regulate the inspection and visitation of such asylums, and to make and enforce such rules and regulations as they shall think necessary in relation to the books or minutes to be kept or made, and the returns of the entries therefrom to be made to the Board by the persons having the management and care of such asylums.†

10. Public asylums founded after passing of this Act to be subject to it.-Provided further, that all such public asylums as may be endowed, founded, or established after the passing of this Act, and all additions to any existing public asylum to be hereafter made, shall be under and subject to such and the like powers and provisions as existing public asylums are by this Act made subject to.

11. Commissioners may institute inquiries and summon witnesses, and cxamine them on oath.-It shall be lawful for the Board to institute, in such manner as they shall think fit, an investigation or inquiry into any case falling under the provi

$ 8. The exemption from responsibility extended by 29 and 30 Vict., cap. 51, § 23. + $9. The powers of the Board extended by 29 and 30 Vict., cap. 51, § 18.

sions of this Act which they shall think it necessary or proper to inquire into; and in any case in which it shall be necessary to obtain evidence, it shall be lawful for the Board, from time to time as they shall see occasion, with the concurrence of the Lord Advocate of Scotland for the time being, or the Solicitor General for Scotland for the time being acting for and in the name of the Lord Advocate, to require, by summons, according to the form, as nearly as may be, of Schedule (A.) hereunto annexed, and which summons, as well as the execution and service copy thereof, may be either printed or written, or partly printed and partly written, any person to appear before them to testify on oath touching any matter respecting which they are by this Act authorised to inquire, which oath the chairman of the Board is hereby authorised to administer; and such summons shall contain a warrant to messengers-at-arms and sheriff-officers to serve the same; and it shall be lawful for any messenger-at arms or sheriff-officer to serve such summons personally, or at the dwelling-place of the person named therein, in the same form and manner as summonses and citations may be served according to the law of Scotland; and any person who shall not appear before the Board pursuant to such summons, or shall not assign some reasonable excuse for not appearing, or shall appear and refuse to take the oath or to be examined, shall, on being convicted thereof before the sheriff, or before a justice of the peace of the county or magis. trate of the burgh within which such person has his ordinary residence, or of the county or burgh within which such person shall have been by such summons required to appear and give evidence, for every such neglect or refusal forfeit a sum not exceeding thirty pounds.

12. Payment of expenses of witnesses.-It shall be lawful for the Board to direct the secretary to pay to any witness summoned as aforesaid the reasonable expenses of his appearance and attendance in pursuance of such summons, and the same shall be deemed to be expenses incurred by the Board in the execution of this Act, and be taken into account and paid accordingly.

13. Power to Her Majesty to appoint a secretary.-It shall be lawful for Her Majesty to appoint a fit person to be secretary to the Board, to whom there shall be paid such salary, not exceeding five hundred pounds per annum, as shall be fixed by the Commissioners of Her Majesty's Treasury; and such secretary, and every secretary to be hereafter appointed, shall be removable from his office by Her Majesty, on the application of the Board; and upon the death, resignation, or removal of any such secretary, Her Majesty, and Her heirs and successors, shall appoint a secretary in the room of the secretary so dying, resigning, or being removed; and the secretary shall perform such duties in the execution of this Act as the Board shall direct, and shall in all respects be subject to the inspection, direction, and control of the Board; and each secretary shall find sufficient security for his intromissions and management to the satisfaction of the Board.*

14. Secretary to make annual returns.-The secretary shall annually transmit to the Commissioners of Her Majesty's Treasury, and there shall be annually laid before both Houses of Parliament a return exhibiting the number of orders granted by the sheriffs for admission of lunatics into any public, private, or district asylum or house, stating the asylum or house to which such order was sent, also the number of licences granted by the Board for the continuance, establishment, or renewal of private asylums, and the transfer of any such licence from any one asylum to another, and describing such public, private, and district asylums by their respective localities, and stating the names of the superintendents of each asylum, and

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§ 18 repealed with regard to the amount of the secretary's salary by 27 and 28 Vict., cap. 59. § 2-the limit being increased to £600.

showing also the number of patients, male and female, received into and discharged from each asylum, or removed or transferred from any one house to another, classifying those discharged into three divisions of "cured," "relieved," and "unaffected by treatment," during the preceding year.

15. Secretary to keep books, minutes, and accounts, and accounts to be annually furnished to the Commissioners of the Treasury, &c.-The secretary shall, under the directions of the Board, keep regular books and minutes of all the proceedings of the Board, and accurate accounts of all monies received and paid by the Board or secretary, and of all charges and expenses incurred under or by virtue of or in the execution of this Act; and such account shall be made up to the first day of August in each year, and shall be signed by the chairman of the Board and by one of the paid commissioners, and shall specify the several heads of charge and expenditure, and be transmitted to the Commissioners of Her Majesty's Treasury, who shall thereupon audit such account, and may, if they shall deem it expedient, and where not inconsistent with any other provision of this Act, direct the balance (if any) to be paid into the Exchequer to the account of the Consolidated Fund; and an abstract of such accounts shall be laid before Parliament on or before the twenty-fifth day of March in each year, if Parliament be then sitting, or if Parliament be not then sitting, then within one month after the next sitting of Parliament.

16. Power to Board to appoint a clerk.-It shall be lawful for the Board to appoint a clerk, to whom there shall be paid a salary not exceeding one hundred and fifty pounds per annum, and such clerk shall be removable from his office by the Board; and upon the death, resignation, or removal of any such clerk the Board shall appoint a clerk in his room; and every such clerk shall perform such duties in the execution of this Act as the Board shall require of him, and shall, in the performance of his duties, and in all respects, be subject to the inspection, direction, and control of the Board; and each clerk shall, when so required by the Board, find sufficient security for his intromissions and management to the satisfaction of the Board.*

17. Duties of commissioners.-The Board shall, as soon after their first meeting as may be convenient, make general rules for the inspection and visitation of public, private, and district asylums; and it shall be the duty of the two paid commissioners to visit and inspect, at least twice in each year, all the public and private and district asylums, and every outhouse, place, or building thereto belong. ing, and every house in which any lunatic is detained under any order of a sheriff; and at each such visitation they shall examine and inquire into the condition of the lunatics then confined in such asylum or house, and also whether any coercion or restraint has been imposed on any such lunatics, and shall record in the patients book of such asylum the state of the health generally, as well mental as bodily, of such lunatics, and what coercion or restraint has been imposed upon any such lunatics, and the cause thereof, and specially such particular cases as may appear to them to require remark, and they shall also inquire into the particulars of the management and the condition of each asylum, as to its state of repair, heating, ventilation, cleanliness, supply of water, diet, and otherwise, and shall see that the number of patients, of whom a correct list shall be furnished to them by the superintendent of each asylum, does not exceed the number for which the asylum is licensed, and that the books or registers hereby directed to be kept in each asylum are regularly and correctly kept; and each individual in the management of any such asylum or house, or connected therewith, shall disclose to the said commis

* § 16 repealed with regard to the clerk's salary by 27 and 28 Vict., cap. 59, § 2-the limit being increased to £300.

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